The procedures of the court in the UAE after meeting the public prosecutor

Questions & Answers

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Q: Good morning I have a bit of an academic question. Does the UAE law allow for parties to agree on modes of service other than personal? My reading of articles 8 and 9 of the Civil Procedure Code seems to set out a general rule of personal service, but article 9 allows for the parties to otherwise agree. Is this correct? Cheers B. A. Thomas

Jul 26, 2018

4311

The procedure of impleading new parties in civil cases

Q: Hi How do we implead a new party on the defendant side?

Mar 19, 2019

329

Labor case judgement execution

Q: A labour case was ruled in my favour and I received the judgement at the end of 2016. The judgement progressed to execution and not One Dirham has been paid by my ex-employer to date. We have spent the last year searching assets in all banks, combined with real estate, RTA etc. and all have come back with no assets. An attachment was made on the office assets, shortly after the Rental Dispute Committee issued a Judgement awarding the office assets to the Landlord. Finally, we located a valid Bank Guarantee held with a Government Authority. But the entity is not cooperating. As per Federal Law No. 8 for 1980 On Regulation of Labour Relations, Article 4 gives priority over all assets. However, in this scenario, Federal Labour Law, Dubai Real Estate Laws and further laws are all overlapping and conflicting. My query is, is there a document or law that states which law has priority over another to help resolve the issues I am facing with the judgement execution?

Oct 29, 2017

20969

Explanation of the notification by notice of action

Q: What does it mean by notification by notice of action?

Sep 8, 2020

1352

Friend detained for 50 days: How to transfer case from absent prosecutor?

Q: Good evening, My friend has been detained for 50 days. When we enquired, we were informed that his prosecutor has been on leave since Eid. How can we transfer the case to another prosecutor to speed up the process? He is a patient.

Jul 15, 2024

105

Is there any process or request option to finish the investigation earlier?

Q: Hello, Is there any process or request option to finish the investigation earlier?

Jan 9, 2025

113

Laws & Regulations

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Federal Law No. (35) of 1992 Concerning The Criminal Procedural Law

The law promulgates UAE Criminal Procedural Law (Penal Procedures Law) which governs criminal procedures in the UAE. This law applies to the procedures relating to offences whose punishments are not specified, dogma and punitive offences, and blood money, if they do not violate the Sharia rules.

Jun 15, 1992

19136

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Raluca Gatina

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How to expedite the process of sending a judgment issued in the UAE to another country?

Hello, There was a bounced cheque case against me in Dubai in 2009-10. I won the case upon appeal in January 2020. I have been fighting extradition to Dubai since 2018 for the same case. Even though, the case was won in January. Until today (December 2020), the authorities in my country of residence (Ukraine) haven't officially received the judgment from the UAE. 1.What steps can be taken to expedite this process? 2. What steps does a judgment go through before it is communicated to the country in which the extradition case is pending? 3. What is the normal time frame for this process and for the removal of the Interpol red notice against the accused? Thanks and regards,

Dec 4, 2020

316

The scope of the Will in the UAE

Hello Sir Good day. Does Abu Dhabi Will cover immovable properties as per the wishes of a non-Muslim testator?

Oct 22, 2020

368

The developer failed to rectify the numerous leakages in the apartment, what to do?

Good afternoon, I have purchased a property in Al Barsha (top floor). In spite of repeated reminders, the developer failed to rectify the leakages (numerous) in my apartment. I had also notified this during DLP (Defect liability period). Can I refer my dispute to Rental Disputes Committee in Dubai Courts, even though there is an arbitration clause in the Sale and Purchase Agreement? Appreciate your guidance on this. Kind regards, Kalpesh

Oct 21, 2020

593

The penalty applied when resigning before the expiry date of a limited contract

Dear Sir, I am working with Jafza company as a product development manager under a limited contract. Today, I am giving my 30 day-notice period against my contract. My contract will end by July 2021. I heard that I need to pay 45 days' salary to the company because of contract breaching. I would like to know: 1) If I am giving an advance 30-day notice period, then why should I pay 45 days' salary to the company? 2) Currently, am I not doing my job as per Jafza attested contract? 3) After a year, the company changed my job profile without any amendment in Jafza attested contract? I look forward to your valuable feedback. Best Regards, S.D

Sep 27, 2020

1359

Filing a divorce case in Dubai and having daughter stay under father's visa

Good morning Mr. Ghosh, I am 52 years old. I am working in Dubai and am a sponsor for my wife (49 years old) who stays with me as a housewife. I have a daughter as well (19 years old) staying with us. Can I file a divorce case here in Dubai due to marital disharmony and mistrust? What is the procedure? After the divorce, can my daughter stay here under my visa?

Sep 27, 2020

323

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Abdul Wahied Mohammad Sharief

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How can we claim our money back if the cheque we received have bounced for insufficient funds?

We received a cheque which has now bounced. We have tried for over a month and a half now to get a new cheque from the person, and every day he says the next day. We need the money now. We have been to the police station, and they said they can not do anything as the reason the cheque bounced is "Insufficient funds." We have been to Al Barsha - Dubai Courts, and they said there is nothing they can do about it. We are not sure what we can do. We need the money asap to pay our kids' school fees, let alone all the interest we have lost.

Apr 28, 2025

Who is supposed to pay for the transfer fee, the employee or the employer?

Hello I joined my new company on February 26, 2025. Upon joining the new company, I asked HR if it was free to join the company, and she said yes. After working with them for 1 month, I experienced a salary delay, and I had to go to the office to ask why there was a delay in my salary. That is when the HR told me she deducted my whole salary to recover the transfer fee. Now my question is, who is supposed to pay for the transfer fee, the employee or the employer?

Apr 28, 2025

After 11 months of work, how many leave days is an employee entitled to?

Hello, I want to inquire regarding my leave privileges. I am now 11 months in my company. How many leaves am I privileged to? Based on Decree-Law No. 33 of 2021 regulating labour relations and its executive regulations, you are entitled to a paid weekly rest for not less than one day, as specified in the work contract or the work regulation. The Council of Ministers may increase the weekly rest day stipulated in this article. The Decree-Law and its executive regulations also stipulate that you are entitled to an annual leave with full pay as follows: - Thirty days for each year of your extended service. - Two days per month in respect of any employee with more than six months and less than one year of service. - Leave for parts of the last year of your service in case it is terminated before you use your annual leave balance. Now my question is: do I have 22 days I can use? Can someone explain to me in detail? Thank you!

Apr 28, 2025

Can I sell branded replica watches online, not in a physical store?

Hello, Can I sell branded replica watches online, on Facebook Marketplace, etc.? Not in a physical store, just online.

Apr 27, 2025

Can't get an NOC from my old employer. How should I proceed with the new visa?

Hello, My former employer put me on abscond, and I applied for amnesty. I obtained an outpass. However, due to unavoidable circumstances, I didn't travel. Now I got a job, and my new company is trying to process a visa. Even after paying fines and trying to clear my abscond, they still need an NOC from my former employer, which I am not able to obtain. What can I do?

Apr 28, 2025