Latest news with #CivilTransactionsLaw
Gulf Today
09-07-2025
- Gulf Today
Man fined Dhs15,000 for assaulting woman in Abu Dhabi
Abu Dhabi Family, Civil and Administrative Cases Court obligated a man to pay a woman a compensation of Dhs15,000 for assaulting her and causing psychological, moral, and material harms to her. A criminal case was subsequently filed and a verdict was issued accordingly. The plaintiff filed a lawsuit against the defendant in which she requested the court to obligate him to pay her Dhs100,000 in compensation for all the material, moral and psychological harms she had befallen plus the incurred fees, expenses and attorney's fees. The plaintiff pleaded that the defendant assaulted her caused her psychological, moral and material harms, which prompted her to file this lawsuit with the aforementioned requests. The court stated that, according to the provisions of Articles 292 and 293/1 of the Civil Transactions Law, any harm to others obligates the perpetrator to pay compensation. The defendant's assault caused the plaintiff moral harms as embodied in pain, grief and sadness, and material harms, which affected her physical safety, the court added. It is established that the court is not to be blamed if it obligated the defendant to pay a total compensation for all the harms that befell the victim, provided that it clarifies the harms for which the compensation order was issued. Based on this, the court estimates the compensation due to the plaintiff for all the harms she suffered at Dhs15,000.
Gulf Today
08-07-2025
- Gulf Today
Abu Dhabi man fined Dhs7,000 for insulting woman verbally and on social media
Abu Dhabi Family, Civil and Administrative Cases Court obligated a man to pay a compensation of Dhs7,000 to a woman after he had verbally abused her during a phone call and then sent audio clips on a social media platform. As a result, the victim filed a criminal case and a verdict was accordingly issued. The plaintiff filed a lawsuit in which she requested the court to obligate the defendant to pay Dhs30,000 in compensation for the harm she had befallen as a result of the words he uttered on a social media platforms that tarnished her reputation and caused her serious harm. She also requested the court to obligate the defendant to pay the incurred expenses and lawyer's fees. The court explained that it was established from the previous criminal case that the defendant was charged with insulting the victim with offensive words over the phone and insulting her again in a way that tarnished her reputation by sending the messages indicated in the report to a social media platform. According to the provisions of Articles 292 and 293/1 of the Civil Transactions Law, any harm to others necessitates the perpetrator to pay a compensation, the court said, adding that the defendant's mistake caused the plaintiff moral harm as embodied in pain and grief. Based on the above, the court estimated that the compensation the victim deserves for the trauma she suffered to be Dhs7,000.
Gulf Today
06-07-2025
- Automotive
- Gulf Today
Al Ain man buys vehicle for Dhs11,500 but pays only Dhs300, court tells him to pay remaining amount
Al Ain Court for Civil, Commercial and Administrative Cases obligated a person to pay Dhs11,200 to another for abstaining from settling the remaining price of a vehicle already delivered to him. The defendant paid only Dhs300 although he had an agreement with the plaintiff to buy the vehicle for a specific sum of money. Earlier, the plaintiff filed a lawsuit in which he requested the court to obligate the defendant to pay him Dhs11,200 plus Dhs3,000 in compensation for the material and moral harms and the legal expenses and fees. The plaintiff pleaded that pursuant to an agreement between them, he sold the vehicle subject of the lawsuit to the defendant for Dhs11,500 but the latter paid only Dhs300 and refused to pay the remainder despite the expiry of the agreed-upon period. This caused him material and moral harms and prompted him to file this lawsuit to obtain a verdict in his favour, he said. To support his lawsuit, the plaintiff submitted a copy of the sales contract. After reviewing the case, the court was hereby satisfied that the plaintiff was entitled to what he was requesting, especially since the defendant did not dispute the validity of the debt and did not present anything that contradicted the related documents. Based on this, the court ruled that the plaintiff's requests be fulfilled and the remaining amount stated in the sales contract be paid. As far as the compensation claim was concerned, the court stated that according to Article 292 of the Civil Transactions Law, compensation should cover both the actual loss suffered by the victim and any loss of profit, provided that these are a direct consequence of the harmful act. As the plaintiff, with whom the burden of proof lies, neither explained the nature of the harms nor the losses he sustained as a result of what the defendant did, the court hereby rejected this claim as it stood.
Time of India
03-07-2025
- Business
- Time of India
Expired cheques in the UAE: What the law says about your rights and legal options
A bounced or expired cheque in the UAE may still support a civil claim, if filed within legal time limits/ Image: Representative A common concern among residents and business owners in the UAE is what to do when holding an old, uncashed cheque, especially one that's worth a significant amount of money. A recent case sheds light on this issue, offering important insights into what the law allows, what deadlines apply, and what rights a cheque bearer retains after key time limits have passed. The Query: A Four-Year-Old Cheque and a Refusing Bank A person submitted a legal question after facing refusal from a bank to accept a cheque that was issued over four years ago. The cheque, being more than six months past its date of issuance, was deemed invalid for processing by the bank. The individual also wanted to know whether they could take immediate legal action to stop the issuer from leaving the UAE. The Legal Position: Missed Deadlines Limit Your Options According to UAE law, the ability to act against a cheque issuer diminishes significantly once certain legal timeframes have lapsed. In this case, the individual has lost the right to take immediate preventive action such as banning the cheque issuer from leaving the country due to delays in presenting the cheque and initiating legal steps. As clarified in the official legal response: 'You do not have the legal right to take immediate action to ban the drawer because you have lost the opportunity to use the cheque as an execution document due to the lapse of more than two years from its due date and the failure to present the cheque to the bank within the required period.' Key Legal Provisions to Know The law governing such cases is outlined under multiple articles from the UAE's legal code: Article 670 of the Commercial Transactions Law This article sets a strict limit on how long a cheque can be used to claim payment. It states: 'Claims for recourse by the cheque bearer against the drawer, endorsers, and other obligors to pay the cheque value shall not be heard, upon denial and absence of a legitimate excuse, if more than two years have passed since the expiry of the presentment period.' In simpler terms, after two years from the end of the cheque's presentation window (which itself is six months from the cheque's date), legal claims to recover money based on the cheque will no longer be entertained unless there's a valid excuse. Article 336 of the Civil Transactions Law This article provides some legal room to recover the amount via a civil lawsuit, but not through direct cheque execution. It states: 'Claims arising from a beneficial act shall not be accepted after three years from the date the creditor became aware of their right of reversion, and in any case not later than 15 years from when the right arose.' This means that while the cheque itself may not be valid for direct enforcement, the person can still file a civil case to claim the amount stated in the cheque treating the cheque as supporting evidence of debt rather than a binding financial instrument. What You Can Do Now If you hold an expired cheque, here are the steps you can take: File a Civil Case: You may sue the cheque issuer in civil court for the amount mentioned, treating the cheque as documentary proof of a debt. Prepare Evidence: The burden of proof lies with the cheque holder. You must present supporting documents or agreements that show the drawer owes you the money. Use Legal Tools: You may rely on written documents and even request that the court issue an oath to support your claims. As clarified: 'The liability to prove your case lies with you. You may rely on an oath as well as any written documents between you and the drawer. The court will make its decision based on the documents submitted.' Legal Rights Still Exist, But Timing Matters Although UAE law does not allow you to use an old cheque as a tool to initiate immediate legal action such as a travel ban or criminal enforcement you are not without options. A civil case remains possible, especially if you act within the broader civil claim limits. However, this situation highlights the importance of timing. Always present cheques to the bank within six months of issuance, and if a dispute arises, initiate legal steps swiftly ideally within two years to maintain your strongest legal position.
NDTV
20-06-2025
- Business
- NDTV
UAE Man Who Never Worked A Day Wins Rs 26 Lakh In Salary Dispute
An Abu Dhabi company has been ordered to pay AED 110,400 (approximately Rs 26 lakh) as "unpaid wages" to an employee who, despite receiving an offer letter, was never allowed to start working. The employee, whose name was not disclosed, filed a lawsuit against the company, claiming that his salary for the period from November 11, 2024, to April 7, 2025, was illegally withheld. According to a report in The Khaleej Times, the employee had signed a fixed-term contract with the company, which stipulated a basic salary of AED 7,200 and a total monthly compensation package of AED 24,000. Despite the signed contract, the employee was never given the opportunity to commence his employment. The court's decision underscores the importance of upholding employment agreements, even when work hasn't begun. The court stated that "it was clear from the wage report, the employment contract, and the supporting documents submitted through the case management system that the delay in starting work was due to the employer," according to local newspaper Emarat Al Youm. The Abu Dhabi Labour Court emphasised that under Federal Decree-Law No. (33) of 2021 regulating labour relations, employers are obligated to pay wages on time according to the systems approved by the Ministry of Human Resources and Emiratisation. Citing Article 912 of the Civil Transactions Law, the court ruled that wages are a worker's right and cannot be withheld without proof, such as a written waiver or legal acknowledgement. The employer had argued the employee wasn't entitled to his salary because he "did not report to duty and went on leave." But the court found no evidence of a formal investigation into any absence, determining that the delay in employment was the company's fault. The employee admitted taking eight days off, which were deducted from the total, resulting in a payment for four months and 18 days.
