Increase in blood money

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Published: Sun 4 Dec 2005, 10:01 AM

Last updated: Thu 2 Apr 2015, 7:18 PM

Q: I am a worker who was held responsible for the death of another worker at the company's site. The cause of death was reported to be negligence. The case got complicated and is now in its final stages. The accident occurred in September 2003. The hearing of my case was postponed many times because I could not engage a lawyer. Besides, my employer did not assign me a lawyer. Finally, a lawyer volunteered to take up my case. When I told him about my circumstances, he told me that I would have to pay more blood money because the case was delayed several times and as per a new law, the amount of blood money had been increased.

The Court of First Instance gave its verdict against me and ordered me to pay Dh200,000 at a time when I knew the blood money was only Dh150,000. The Appeals Court upheld the sentence and now, I have taken the case to the Court of Cassation, which has ordered reinvestigation of the case.

Please tell me what is the amount I should pay and when was the blood money increased? — Hussain

Answer: If the court ordered you to pay blood money of Dh200,000, then you have to pay it. The Federal Law No. 9 of 2003 was issued on November 29, 2003 and was enforced on the date of its publication in the gazette on December 13, 2003. This law amended the amount of blood money, which was Dh150,000 as stipulated in the Federal Law No 17 of 1991. Regarding the enforcement of the increased blood money, Law No. 9 makes it clear that it is applicable to cases which were pending before courts even if these cases were filed before the date of its issuance.

Limited Liability

My friends and I have decided to set up a company in a partnership form. Tell me what are the responsibilities of partners in a limited liability company? — Sami

Answer: Articles No 218, 219, 223, 235 and 237 of the Federal Companies Law No. 8 of 1984, which was amended by the two Federal Laws No. 13 of 1988 and No. 4 of 1990, state that the responsibilities of partners in a limited liability company are governed by the respective shares they hold in the company's total capital without any consideration for each one's private money or any relation between them because individuals or other companies that deal with the company have no guarantees other than its capital as long as it exists and is operative.

This is applicable to each of the four partners who all have commitments towards the dealers, each according to the share in the capital.

The partners of a limited liability company are not asked to jointly fulfil commitments to others. This forms the legal base that governs the relation between the partners and towards others.

As exception to this legal base, those who may have rights with the company may sue one of the partners claiming his private money. Dealers who might be subject to swindling by one of the company's partners have the right to hold the suspected partner accountable personally if proved that he exploited the independent form of the limited liability company to cheat people, and not to pay their dues.

However, there are other types of companies where the partners are jointly committed to fulfil rights of the dealers and the debts of the company.

Suing a swindler

An accountant who worked for my company managed to swindle amounts, which were revenues of some of the company's sales. I have all documents to prove my claim. The problem is that when he suspected that I was checking documents and records, he stopped coming to the company. When I approached his apartment, I was told that he had left it. Now, I do not know his whereabouts. How can I sue him before a court of law if I do not know his address? — Rajesh

Answer: According to procedures, the complainant should mention the address of the plaintiff, either in the UAE or his home country. If the court does not find the plaintiff or someone else to hand over the notification at the mentioned address, the notification will be sent to the plaintiff's home country address. If no one accepts the notification at the plaintiff's home country, the judge should be notified about that.

In such a case, the judge usually orders pasting of the notification at the door of the plaintiff's address or order to make a notification through publication. — Compiled by Eman Al Baik

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