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Coll 1/49 'Aden. Administration and control: changes consequent on Indian constitutional reforms; transfer to HMG' [‎164r] (336/968)

The record is made up of 1 volume (480 folios). It was created in 12 Oct 1933-3 Jun 1937. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

Transcription

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ut 8 Pa»p er *
Department.
is hoped to lay next week, has been under discussion with
the C.O. The draft as at present revised is at flag H.
with Art. 20, which deals with the appeals to the Bombay
High Court provided for by Sec. 288(4) of the G. of I.
Act, 1935. The preservation of the right of appeal to the
Bombay High Court was one of the undertakings given by
H.M.G. in the hope of reconciling Indian opinion to the
transfer of Aden (see para. 162 of the report of the
J.S.C.). The Act accordingly makes it mandatory to confer
appellate jurisdiction on such court in India as may be
specified. The article of the 0. in C. as drafted
| provides for the continuance of appeals from the Court at
Aden (which will be called the Supreme Court) to the
Bombay High Court in cases where they lie at present, and
further for appeals with the leave of the Supreme Court or
the High Court in certain other civil cases.
(c) an obligation on the Sessions court at Aden to
submit death sentences to the Bombay High Oouru xor
confirmation.
The question is whether these powers of
revision, reference and confirmation should be preserved.
At/
There is a point still unsettled in connection
At present, in addition to the right of appeal
from the District and Sessions Judge at Aden to the Bombay
High Court, there exist
(a) a. revisional power of the High Court in civil
cases where no appeal lies;
(b) a power of the District Judge to reier quesoions
of law to the High Court; and
124
5000 1.36

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Content

The volume contains papers regarding the transfer of the civil administration of Aden from the Government of India to the Colonial Office, and the preparation of the Aden Colony Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. (1936), and 'Royal Sign Manual and Signet to the Governor and Commander in Chief of the Colony of Aden (1937)'.

The volume is predominantly made up of correspondence between the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Political Department, the Colonial Office, the Aden Chief Commissioner (later Governor) Bernard Reilly, the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Legal Advisor's Department, and the Secretary of State for India. The volume also contains numerous heavily-annotated drafts of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. and the Royal Instructions, plus minutes of meetings held at the Colonial Office, and extracts from the Home Affairs Committee and the Joint Committee on Indian Constitutional Reform. Final drafts can be found at folios 13-20, in addition to copies of Reilly's inauguration speech (folios 25-28).

The correspondence covers a range of topics, including: Indian and Arab sentiment over the transfer; problems of condominion; the importance of Aden to Britain's imperial aims; representations from the Indian and Aden business communities; the maintenance of representation for Aden subjects at the Bombay High Court; Aden's free port status; questions of income tax and salt duty; the wording of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. and Royal Instructions; and a proposal to list the Kuria Muria Islands as a named dependency of Aden, comparable to Shaikh Othman, Imad and Hiswa, and Perim.

The volume includes a divider which gives a list of correspondence references contained in the volume by year. This is placed at the end of the correspondence (folio 4).

Extent and format
1 volume (480 folios)
Arrangement

The papers are arranged in rough chronological order from the rear to the front of the volume

Physical characteristics

Foliation: the main foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the inside back cover with 480; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. The fold-outs on f 147, f 158 and f 159 are A and B items which are attached to the folios in order to add additional information about the document.

Written in
English in Latin script
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Coll 1/49 'Aden. Administration and control: changes consequent on Indian constitutional reforms; transfer to HMG' [‎164r] (336/968), British Library: India Office Records and Private Papers, IOR/L/PS/12/1485, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100038447216.0x000089> [accessed 24 April 2024]

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