By Dr Nizar Kochery /Doha
Question: My friend who is having a liquor licence was arrested by police and now there is a case against him. The paper received from police station mentioned criminal law No 273. He was not drunk at the time of arrest. He was waiting in the car for another friend. Please explain what the law says. What will be the punishment for the offence mentioned?
Answer: According to Article 273 of Penal Law, anyone who sells or buys, delivers or receives, transports or possesses alcohol or alcoholic beverages, or deals with alcohol in any way for the purpose of trade or promotion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine not exceeding QR10,000, or with both. In addition to this, the court can also order deportation of the person.
Liquidator to settle company’s debts
Q: We are employees in a procurement company in Doha and based on contracts we mainly supply materials to different clients. Presently, our company is facing huge financial crises due to pending payments from various clients. Our salaries are also pending for the last few months. Now the company management has decided to stop operations in Qatar and they have initiated steps to liquidate the company. The company owes money to its suppliers also. In that case, how can we get the due salaries as the first priority? Is there any law in that regard? Please advise.
A: If the company has appointed a liquidator, then submit your claim against the company to the liquidator. The liquidator will settle the company’s debts after deducting the liquidation expenses including the liquidator fees in the following order: (1) amounts due to the employees, (2) amounts due to the state, (3) rent due to landlord who leased the property, and (4) other due amounts each in accordance with its preference with respect to relevant laws.
After clearing the company debts, the liquidator should pay up the partners the value of their monetary shares of capital and to allocate the surplus among them in proportion to the profit quota of each. The company’s assets will be distributed among the partners by sorting, following the principles prescribed for distribution of the joint property, unless the articles of association of the company stipulates otherwise.
Reopening case with new evidence
Q: I filed a criminal case against a person for cheating and the case was rejected due to insufficient evidence by the public prosecution. I had a document to substantiate my case which got misplaced when I changed my accommodation. Now I have found the document. Can I reopen the case? Or do I need to make a new complaint against him? Please advise.
A: As per Article 148 of the criminal procedure, the order of insufficient evidence to proceed with the criminal action issued by the Public Prosecution shall not preclude the reinvestigation whenever there is new evidence strengthening the charge. Such new evidence includes testimony of witnesses as well as records and other documentation that had not been previously presented to the Public Prosecution and strengthens the evidence that was found insufficient or may serve to clarify and determine the truth.
Recovering losses from sub-contractor
Q: We sub-contracted electrical works to another company in a project wherein our company is main contractor. As per the main contract, the client agreed to supply the materials as per the specification. We have supplied the materials received in a good condition to the sub-contractor. The conditions of main contract are also applicable to sub-contractor. Recently we received a letter from the sub-contractor that the materials are not in a good condition. On enquiry, it was found that the sub-contractor failed to keep the materials in good condition. The client may take action against us for the recovery of loss. In such a case, can we recover the losses from the sub-contractor? What is the law in this regard? Please advise.
- NA, Doha
A: According to Article 685 of the civil law, if the work materials are provided by the employer, the contractor shall use all reasonable care to protect such materials, comply with the technical practices for the proper use of such materials, account for the materials to the employer, and return to the employer any remaining part of such materials. Where such materials are not fit for use, either in whole or in part, due to the negligence or technical inefficiency of the contractor, he shall pay the value of such materials to the employer, together with indemnity, as applicable.
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