إسأل Attorney الآن
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Salam Sir. I have a case against my brother and...
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
The Court of Cassation verdict / judgement, which is taken that the case be referred to the Court of Appeal due to the mismatch of three expert reports. That means that the Court of Appeal may assign other experts in order to present a consolidated typical report.
Therefore, we recommend you to submit the independent audited report signed by your brother and his partner, and it is worth to mention that we believe it is not enough to win the case, but it will give you support and strengthen your legal position in front of the Court of Appeal.
الرد من العميل
Thank you for your answer. I have photo copy not original audit report sign by my brother. Would that work in the court. Do I need to go to the audit company who issue the report to him to verify and saying they have provided this copy.
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
الرد من العميل
thank you
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
الرد من العميل
Dear SirI have a cheque bounce case against my brother who is also my business partner and i am a share holder in the companies which are here in Dubai.He gave me 6 blank sign cheques as all the business profit was here in Dubai. We have joint account in both names and company accounts.This case is being going on for 5 years.My question to you is that my lawyer keeps asking me for money every time there is an expert report needed.Appeal court ask for banking expert to look into the case and I my lawyer ask for 70 thousand Dirhams.Next the appeal court appointed 3 party banking expert again my lawyer ask for 360 thousand Dirhams.As the Appeal court decision was in my favor. My brother lawyer appealed in the court of Cassaition and the matter is send back to the appeal court as the Expert report do not match and the court wants break down of the money funds.Now my lawyer is asking for 30 thousand Dirhams again.I am running out of money and no result .Please advise. thank you
الرد من العميل
My brother who has a bounce cheque against him in criminal and civil court. He has a travel band on him but has 2 passports from 2 countries.The travel ban is on his Pakistani passport as he uses this passport in Dubai but he is traveling on his British passport. How can I stop him from traveling out of Dubai.
الرد من العميل
Can the case in civil appeal court be dismissed On the grounds of not having enough evidence. My lawyer is saying I have a very strong case but it has been return back to appeal civil court.There is business transaction between my company in UK and the companies here in Dubai which I am a partner. I gave POA to my brother to act on my behalf here in Dubai which he missed used . He gave me blank signed cheques for future profits.Sorry I keep emailing you with all my question as my lawyer never explains any thing to me.All I have been doing is spending money but no result. Please advise.Thank you
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
It is possible that the judge may rule to dismiss the case for lack of sufficient evidence.
We therefore advise you to present all the evidence you have to the court.
And if official documents are on hand of any government agency ,you can ask the judge to allow the government agency to extract a copy of the documents you want to submit to the court.
We also advise you to attend all sessions with a lawyer in order to review any documents or aspects of the defence presented by your lawyer or brother.
الرد من العميل
Dear Sirwhat happens if the person who has a cheque bounce case leaves UAE with another passport.
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
الرد من العميل
Thank you so much for all your help and support. I do not know much laws about UAE and you have been very helpful God bless you from the bottom of my heart. My own brother has taken all my share of the profit from the business as he live here in Dubai UAE. I live England and the case is here in Sharjah courts for the last 4 years and have been traveling back and forward.Again Thank you.
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
You must appear before the court at the hearing specified for the case
We welcome any inquiries
الرد من العميل
Dear Sir I have given POA to my lawyer to attend the court hearing on my behalf. As I do not speak or read Arabic. Thank you for all your help.
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
الرد من العميل
Regarding the cheque bounce civil case the court appointed a 3 party expert team as we had a currency business in 3 countries. My brother in Dubai would buy currency like Iraqi dinar and other under valued currencies from the currency market and cargo it to USA and Uk. Where we would sell it to customers on our website. Wire transfer all the funds with profit back to Dubai bank accounts. Dear Sir In the meeting with the court appointed experts in 2018 the bank provided us with all the bank statements and application foams. In the foams I found out that my brother and the relationship manager of the bank opened a bank account under a company name of IQD FZE. Sharjah free zone. Signed my name as my signature on the application foam and put the company stamp of one of our other company IQD FZC which I am partner. IQD FZC was formed in 2009 with 2 share holders. Myself and my brother.Bank statement shows account of IQD FZE opening date of 2009.But the trade lic of IQD FZE shows it was formed in 2011 of which my brother is 100% share holder.He made an audit report for 3 years showing profits and took all the money as dividend.In 2011 I gave my brother POA in Dubai UAE and he transferred all the funds into his company IQD FZE without informing me. As you can see that there is only difference of the spelling word C and E between the 2 companies. (IQD FZC) ( IQD FZE )formed in 2011. I though there was only 1 company IQD FZC. My question to you is can I put fraud case on my brother and bank manager.
الرد من العميل
My question is Sir How can he sign my name (signature) and open company bank account without my knowledge and no trade lic. That looks life fraud in any country.How can he make himself on the trade lic and in the Audit report 100% share holder in IQD FZE when he opened the bank account of in my name. How can he make an audit report for IQD FZE in 2009, 2010 and 2011 when the company was formed in 2011 on the trade lic.thank you for all your help.
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
الرد من العميل
Dear Sir I am back in England. My Lawyer in Dubai promised me that he would put on the criminal case against my brother and the bank manager.But now he decided to wait to put the criminal case in the court as he is waiting for reply from the civil appeal court and from my brother"s lawyer. Please can you advise as I have been with my lawyer for the last 4 years and no money has been recovered.
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
You should follow up with your lawyer and find out the reason for waiting to return the court of appeal and your brother's lawyer. Then you can explain the matter to us until we give you the correct advice to deal with this matter.
الرد من العميل
My lawyer is waiting till the 12th feb court date for reply from my brother 's lawyer. He wants to see the response from the other side.
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
الرد من العميل
Dear SirToday there was a court date and the judgement is on the 26th feb 2020. for civil case. But my lawyer is not agreeing to put the criminal case against my brother for fraud. Please advise as I am back in Uk England and he does not explain on the telephone all details. Thanks
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
You can then provide us with the lawyer's answer, so that we can check it out and advise you.
الرد من العميل
Dear Sir following below is the letter i have emailed to my lawyer but not reply yet I am writing to you regarding the Criminal case which we discuss when I was in Dubai.Criminal case Emirates bank for signature fraud, opening the company and bank account of IQD (FZE) without trade license. Mr. Ahmed Gmal made a criminal expert report to submitted to the courts. Which you requested.I am asking you that on what legal grounds of the Dubai law that you are not proceedings with this court case.Please reply me with the legal explanation.Kindly acknowledge receipt of the email.Waiting for your reply Sir please advise Thanks
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
الرد من العميل
Dear SirMy Lawyer has not reply to my email. But I called him this morning and reason was that he wants to wait till the civil judgement date 26th feb 2020.But he has been delaying and making excuse not to submitted the criminal fraud case from 2018 when we received all the documents from the bank.Please advise as I am in England and cannot do anything to him.Thank you for all your help.
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
الرد من العميل
Sir I have sent him second email instructing him to put the criminal case. When I was in Dubai he agreed to put the criminal case and also got an audit report make which I paid separately for it.
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
الرد من العميل
Sir My lawyer is not starting the case what is your advise.
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
الرد من العميل
Dear SirMy lawyer is not starting a criminal case for fraud against my brother and bank manager. As the judgement for civil case is extended to 4th march 2020. by the judge. My lawyer is saying he will start the case after the judgement of the civil case. Although I have told him that the 2 cases are totally separate. Please advise to the following. Thank you for all your help.
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
الرد من العميل
Dear SirRegarding the civil case for 51 million dirhams the judgement was on the 25th feb 2020 but then it was extended by the judge to 4th march 2020.Again yesterday I called my lawyer for the judgement for the civil case and he told me that the judge's office has not given the judgement and it is extended to Thursday 5th March 2020. Which is today.My question is can the Judge extend the judgement date in Dubai Civil Courts. Or is my Lawyer playing games with me as I am not in Dubai.Please advise.Thank you for all your help
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Here is the text of the UAE Civil Procedures Law, related to your inquiry:
Article 127:
1 - When the pleading was filed in the case, the court ruled in it or postponed the issuance of the judgment to another close session that it determined, and it is not allowed to postpone the ruling after it was more than once unnecessarily. In those cases, the delay period may not exceed a month.
2- Whenever the court sets a hearing for pronouncement of the judgment, it is not permissible for it to postpone the issuance of the verdict or repeat the case for pleading, except by a reasoned decision that is declared in the session and fixed in its minutes.
الرد من العميل
God bless you. Thank you for all your help. You guys are great job.
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
الرد من العميل
Dear Sir Could you please advise me if there is any statute of limitations for the above criminal fraud case to take action against my brother.As my lawyer is saying it has a time lime of 5 years. But I found out about the fraud in 2018 when the bank provided me with all the documentation during a meeting with the court experts.
الرد من العميل
Sorry I forgot to tell you that the fraud was done in 2009. That is why my lawyer is saying that the criminal fraud case has a time line of 5 years to pursue the criminal fraud case.
الرد من العميل
Regarding the civil case for 51 million which my brother gave me blank sign cheques and i fill in the amount of 5
الرد من العميل
of 51 million. Court expert has verified that there was 160 million dirhams in the company account which I am a partner and he wired the funds out of Dubai. Plus there is an independent expert report made by my brother for 2 companies that there was 130 million dirhams which he took as dividend. Can I win the civil case on these grounds.
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
الرد من العميل
Dear Sir Today the Sharjah Courts have appointed another court expert for the civil case for 51 million. Sharjah courts have asked for fee to appointed experts. 60 thousand dirhams of which I will have to pay 20 thousand dirhams. My lawyer has emailed me the letter from the court in Arabic which does not have the signature of the judge nor letterhead of Sharjah Courts. My question to you is there a fee to pay for the expert appointed by court again as I have paid the fees in the past.
الرد من العميل
As i have already paid the fee to the court expert 3 times before. What is the law on paying fee for court expert.
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
الرد من العميل
Thank you sir for all your help.
الرد من العميل
Sir can i have your email so I can send the letter sent by my lawyer on PDF file saying its from Sharjah court.
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
But you can explain the content of any document and we will study it well and respond to it
الرد من العميل
Sir my lawyer has sent me by email a copy of the judge's order saying that I have to pay a fee of 20 thousand dirhams from Sharjah courts appeal for the court expert fee. It is not on the letter head of the sharjah court nor there is signature from the judge on the order. Plan paper written up order with no case number.My Lawyer is saying it is a soft copy once the court expert provide us with the report it will be on the letter head of the court with the judge signature.
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
الرد من العميل
Thank you for all your help.
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
الرد من العميل
Dear Sir I have paid the court fee for expert report. As the case is sent back to the appeal court by the court of cassation judge. The defendant has requested for this expert of 3 party to be appointed for a new report as the old report did not have all the 3 experts same result. My lawyer told me that the experts will not meet any parties . They will only collect documents from both parties and if they have any clarification they will contact the concern party. My Lawyer is saying we have enough proof and have a good chance of winning the judgement. My question to you is that can this go against me for any other reason.
الرد من العميل
Can we object to the expert report if one party is not happy. Please can you email me the process of the expert report.
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Then, the case could referred to the expert administration again, so that to issue a judgement on the case with no arbitration.
الرد من العميل
Last year the judge in the appeal court had appointed a 3 parties expert and the judgement was in my favor. Cassation court judge sent the case back to appeal court as the 3 parties expert report did not match and the defendant objected. Now the judge in the appeal court on request of the defendant has appointed the 3 parties expert again but this time there is no meeting with the expert for both parties. My question is that as it has been already examine once before can we still object to this expert administration.
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
الرد من العميل
Please can you send me the process of the expert for second time. As I am not in Dubai how will i be able to meet them.
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
الرد من العميل
Sir as my lawyer does not want to file a criminal fraud case against my brother. Due to Coronavirus I am not in Dubai. Can I lodge a criminal fraud case online in Dubai courts or do I have to be there in person to go to the police station. As My lawyer is saying that he will not file a criminal case against my brother. As we are waiting till 4th May 2020 for the court date and for the judge to appoint expert for the civil case. Please advise. waiting for your answer.Thanks
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
According to the mentioned facts, I would like to clarify to you that
You have to report the fraud incident to the police to be trailed according to the federal penalty law.
Article (399)
Detention or a tine shall be imposed upon any one who seizes, for himself or for another, a movable property, or obtains a document or signature thereon, cancellation or destruction thereof or amendment thereto by fraudulent means, or by assuming a false name or capacity, where such an act leads to deception of a victim and leads him to surrender. The same punishment shall apply to anyone who disposes of real estate or movable property knowing that such a property is not owned by him or that he has no right to dispose thereof, or if he disposes of a thing knowing that it has been previously disposed of or contracted upon, provided that such acts cause damage to a third party. If the subject of a crime is a property or a bond which belongs to the State or to any of the authorities indicated in Article (5), it shall be considered an aggravating circumstance. The attempt of an act shall be punished by detention for a period not exceeding two years or by a fine not exceeding twenty thousand Dirhams. However, when a recidivist is sentenced to a penalty of detention for a period of one or more years, a maximum period of two years' police surveillance may be awarded to him, provided that such surveillance not exceed the sentence inflicted upon him
الرد من العميل
Dear my question is to you is that i am in England. The case is in Dubai courts due to coronavirus I cannot travel to Dubai to file the case against my brother for fraud. My lawyer does not want to file the case against him because it will not benefit me. As we already have 3 case on him for cheque bounce in the criminal court and civil court. Can I fill a case in Dubai courts online.
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
الرد من العميل
Can you please help me find a lawyer who can do it for me in Dubai . I will send them all the details and paper work of the case. Thank you for your help.
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
الرد من العميل
Can you find me a lawyer in Dubai
الرد من العميل
Can Jawakon lawyer file a criminal case on my behalf in Dubai Courts. As I am not in Dubai UAE. Please send me the details of Lawyer Moheb Hassan.Thanks
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
الرد من العميل
When are Courts in United Arab Emirates reopen due to the coronavirus.
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
الرد من العميل
Dear DoaaIn my case the Appeal court has appointed the 3 party expert and start from scratch in the cheque bounce case Due to the Coronavirus courts are having virtual hearings.How will the 3 party expert meeting be setup if both parties cannot meet with the experts of the courts and the bank managers to have a meeting regarding the case. Kindly email the rules.
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
We would like to inform you that once the courts are in action, the parties to the lawsuit will be notified
You must present all aspects of your defense and documents to the expert and in court
الرد من العميل
My question is that as all hearings are on virtual hearings in Emirates UAE. Due to the coronavirus in UAE Emirates what are the rules to appoint an expert by the courts as court experts cannot meet in one place to have a meeting with both parties and bank managers. Can you please sent me the rules of court meeting experts.
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
We would like to inform you that these precaution procedures are temporary, which is not permanent
It is not permitted by law to appoint the expert without meeting the expert and the other parties
These sessions will be postponed until the virus crisis ends, whereas, the report cannot be deposited by its expert unless he meets all parties of the case
الرد من العميل
Dear JawabkomMy civil appeal case for bounce cheque is sent back to the civil appeal court by the cassation court to appoint a three party experts to look into all the documents and to verify the matter.My question is that I have a copies of the audit report sign by my business partner showing all the figures and amounts. Can the court experts verify it with the company who made the report in Dubai. Would that help in my case to show to the 3 party experts.
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
We would like to inform you that yes, you can use the documents on the signatures and submit them to the experts for help and guidance in their report
You must provide what you have of documents that prove that you are entitled to your lawsuit and prove their signatures as well
الرد من العميل
Thank you for all your help.
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Welcome again!
You are very welcomed sir , it was pleasure to help you in your question.
الرد من العميل
Dear DoaaAre Dubai criminal courts working due to coronavirus. Are they taking new cases. I need to file a criminal fraud case. I cannot find any information on the internet about criminal cases.
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
We would like to inform you that we have already answered your inquiry.
You can review the answer by clicking on the link below:
Information on the case of a check before the Civil Appeals Court
الرد من العميل
Dear my question is are Dubai courts taking new criminal case.Due to the coronavirus what are the changes in the courts system.
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
الرد من العميل
Dear My cheque bounce civil case is in the final stage. Dubai court of cassation decision was to send the case back to appeal court for more investigation and to exam the 3 parties expert report which did not match. Plus my lawyer put in new evidence in court.I have all the documents proving that I was a partner in the business and for that reason my business partner gave me the 3 blank singed cheques. I have a signed audit report by my business partner showing that he withdraw all the funds from our company account into his account.My question is if the civil case is sent back to appeal court by the cassation court. Can the case be dismissed for some reason.Which means I can lose the case and not get my money back.
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
إسأل Attorney
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
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