Questions & Answers - Legal Advice Middle East

Consequences of multiple criminal cases for bounced cheques

Q: I have two criminal cases for cheque bounce in Al Ain Court for the same party; the first case amount is 1,006,000 AED (13 cheques) and the second case amount is 400,000 AED (one cheque). What will be the possible action against me? Prison or fine? What will be the maximum? Thanks!

The consequences of rejecting a civil appeal and inability to pay

Q: Cassation Court has rejected my civil appeal and I, along with 3 more people, have been made liable to pay 360k each. I wanted to know what happens if I don`t have money to pay. Can the court issue an arrest warrant or put a travel ban? Will they freeze my bank accounts for recovery? Also, can I speak to the party who has put a claim to settle it outside? As I have spent a lot of money on the last 5 years fighting the case and now I don`t have money. Please advise!

Precautions for giving a security cheque against provided services

Q: We are asked to give an undated security cheque in lieu of the payment done for provided services, how to write this cheque? Can we mention "Security Cheque" on the face of the cheque?

Second marriage without first wife's permission

Q: My concern is that my husband has done the 2nd marriage without taking permission from me and without informing me when I was in Pakistan. When I came to Dubai, I knew about it but before that, my husband was not giving us any expenses and we were struggling but when I came to Dubai he apologized to me. Now my husband wants to leave that woman since he is not earning that much money but I don`t know what to do. Should I approach the court since my husband wants to get rid of that woman? He does not even have children with her so should he file for divorce? or should I file a case against him for my sons` expenses? Your advice will help me!

Charging an employee for employment expenses

Q: Hi, I am a first timer here in Dubai. My employer wants to charge me all her expenses incurred during my application; like medical examination, visa, work permit and the money she gave to my agency. What should I do?

Consequences of canceling a contract by a client after property completion

Q: I have paid 20% of a commercial property value which has been completed. I am unable to arrange for the remaining amount and want to cancel the contract. Can the builder legally demand 20% more to forfeit a total of 40% before the cancellation? Can the builder put a criminal case for the non-payment of a bank loan? What are my options?

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Proving partner's forgery of signature on a cheque from outside the UAE

Q: Hi, I am not a resident of the United Arab Emirates and there was an unpleasant situation with me. My business partner issued a check on my behalf and forged my signature. The amount of the check is 3 million dirhams. I got an international arrest warrant. Now I can’t come to the UAE for objective reasons. I need your consultation. How can I prove my innocence?

تقديم الشركة بلاغ رغم الاتفاق على سداد الشيكات المرتجعة على أقساط

س: السلام عليكم، أتعامل مع شركة منذ سنوات بالشيكات الآجلة، ولظروف معينة ارتجعت شيكات لي واتفقنا على السداد بالتقسيط وفعلاً سددت 12000 درهم. تفاجأت بوجود بلاغ بقيمة 50000 كاملة. تم توقيفي وإيداع جواز سفري في قسم شرطة الشارقة البحيرة وتم حظري من السفر. عندما تواصلت معهم طلبوا مني تسديد المبلغ البالغ 50000 في قسم الشرطة لرفع البلاغ ومن ثَم سعيدون المبلغ الإضافي 12000 درهم لي نقدًا! هل أستطيع تحويل الموضوع إلى المحكمة المدنية؟ وفي حال أمكنني ذلك هل يتم رفع منع السفر عني؟

Liability of family members for a travel ban on the father

Q: My husband has a travel ban in the UAE due to credit card debts. I was staying in the UAE in the year 2011 along with my husband and we returned to India when he lost his job. Now I am planning to travel to Dubai for a tour without my husband. Will there be any legal issues for my travel with my kids? I did not have any banking transactions on my name during my earlier stay in Dubai.

Right of the landlord to claim penalty from the tenant for early exit

Q: Hi, My question pertains to a rental cheque bounce where the property is in Dubai and the landlord is based in Abu Dhabi. Due to unexpected circumstances, we informed the landlord of cancelling the tenancy contract midway. And in spite of giving 2 months notice and paying the rent for the number of days stayed, the landlord deposited the upcoming rent cheque - which bounced. The contract has a 2-month rent penalty which the landlord is claiming. The landlord filed a criminal case in Abu Dhabi, and I was forced to pay a fine of AED 26,000 at the Abu Dhabi police station. The bounced cheque is for AED 127,500. Now the landlord is filing a civil case for the entire cheque value when his due is only AED 28,300 (2 months rent). The annual rent was AED 170,000. 1. Can he successfully file a civil (cheque bounce) case and get a judgement in Abu Dhabi? If so, can I appeal? 2. As this is a rental issue, should it only be heard in the Rental Dispute Committee in Dubai? Thank you for your time, A.

Accepting a job offer in the UAE in case of old TB scars

Q: Hello Sir, My name is M. I got a job offer in Dubai, but I have an old TB scar in my chest. Please suggest, am I eligible to take the offer or not?

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Possibility of reducing ex-wife alimony after her remarriage

Q: Hi, My husband and I are non-Muslim ex-pats in Dubai. During my husband`s divorce 3 years ago, his ex-wife demanded custody of their son and alimony monthly payments of 30K, which the judge granted. He did not have money for his own lawyer. He runs his own small company and is now in deep financial debt due to the payments. We have tried our best to keep up the payments (my salary supports us, as he gives most of his earnings to his ex-wife). She has threatened repeatedly to have him arrested if he is late/short on payments or does his best to honour the court order. She remarried 3 months ago, to a man that is financially well off, lives in a great house, goes on holidays and refuses to work despite being qualified. She is now on her new husband`s visa. We would like to understand if her remarriage can help us to reduce and renegotiate the payments to a more reasonable, sustainable amount. He wants to support his child, but we face certain bankruptcy and his company is failing.

Repercussions of resignation for failing to provide employment visa

Q: I have been working for a month in A DMCC company with a tourist visa. They gave me my salary for one month working, but they are stalling in applying for my visa. I renewed my tourist visa and paid for it during working with them, and they never gave me the visa renewal fees. I want to resign now. Would I get banned if I left work without a one month notice? My tourist visa is ending in 20 days now, and this was an unlimited offer letter with 6 month’s probation period. Would I get banned from the UAE if I quit now without notice?

Settlement for a bank loan with the collection agency

Q: Hi Lawyers, I have outstanding dues on my personal loan and the bank filed a case on that. I am trying to get a settlement through the debt collection agency. They asked me to sign a financial letter for that, along with it, they need all my documents. Is this mandatory? Is there any issue in signing the financial letter? Is there any issue if I could not make the payment on the mentioned date? Please advise.

Time limit for raising a bounced cheque case

Q: Just would like to know what is the time period to file a civil case against cheque bounce case after criminal case?

Suing a doctor for making a mistake in plastic surgery

Q: I had rhinoplasty surgery. Prior to the surgery, the Doctor had agreed to perform an open rhinoplasty to refine the tip of my nose and adjust the bridge of my nose. After receiving the payment from me for the surgery, the Doctor then refused to carry out the full procedure that he had agreed on and that I had paid for. I would have never paid for the surgery had I known that he was not going to carry out what had initially been agreed upon. I have also been left with a large boney lump at one side of my face, between my cheek, nose and going up to below my tear duct. This was not there before surgery. When I received my discharge papers from the hospital, the Doctor had written down my diagnosis as "large nose", with no accurate diagnosis/description of the actual surgery that was performed. I now have to get another surgeon to fix the bone sticking out of my face. I would like to take legal action against the surgeon that did this to me. I am looking for some advice on this.