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Coll 25/36 'Orders in Council: Revision of Persian Gulf Orders-in-Council' [‎17v] (36/476)

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The record is made up of 1 file (189 folios). It was created in 27 Feb 1948-2 Jan 1950. 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. .

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8
(ii) The Full Court shall sit in accordance with arrangements from time
to time made by the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. , and shall be composed of not more
than three and not less than two members nominated by the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency.
from among the following :—
The Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency.
The Assistant Judge
Any Judge of the High Court of Kenya
Any Judge of the High Court of Cyprus
Any Member of the Bar of England, Scotland and Northern Ireland of
not less than 9 years’ standing.
(iii) Unless the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. is sitting as a member of the Full Court,
the senior member of the Court shall preside. In case of difference of opinion
in the Full Court of three members, the decision shall be in accordance with
the decision of the majority. In the case of a difference of opinion in the
Full Court of two members, the decision under appeal shall stand, but the
Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. may cause a third member to be added to the Court after
the close of the hearing, who may participate in the decision after studying
the record.
(5) Appeals from the Full Court to His Majesty in Council shall be either
by leave of the Full Court or by special leave of His Majesty in Council.
Rules of Court shall provide for the procedure to be followed with regard
to appeals to His Majesty in Council.
Part IV.— Criminal Matters
17 . —(1) Subject to the other provisions of this Order the Code of Criminal
Procedure and the other Indian enactments relating to the administration
of criminal justice made applicable to all persons subject to this Order shall
iapply to, and have effect in, Bahrein as if it were a district in the pro
vince of Bombay. The powers of the Central Government and of the
Provincial Government under those enactments shall be exercisable by the
Secretary of State.
Notwithstanding anything in the previous provisions of this paragraph,
or in the enactments therein referred to, in any case involving an offence
punishable under Chapters XVI to XXIII inclusive of the Indian Penal
Code which under the second schedule of the Indian Code of Criminal
Procedure is triable by a magistrate of the second or third class, the Political
Agent may, if both the complainant and the defendant are Muhammadans
and are acquiescent in such procedure, order the case to be tried by a
Qazi, a representative from the Court of the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. attending to
record briefly the proceedings. In such cases the judgment passed by the
Qazi shall not be carried into effect until it is ratified by the Court of the
Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , and the Court of the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. shall have power to
revise the finding and sentence as if the Qazi were a subordinate Magistrate,
or to return the case for retrial to the same or another Qazi. The sentence
of the Qazi, when ratified by the Court of the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , shall for all
purposes be regarded as if it were the decision of the Court of the Political
Agent.
(2) Any jurisdiction exercisable by the Chief Court in criminal matters
under this Order may be exercised by that Court either within the limits of
this Order or elsewhere within the limits of the Kuwait, Qatar, Muscat and
Trucial States A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. Orders.

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Content

Correspondence relating to the revision of the five Orders in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. : Muscat, Bahrain, Kuwait, Qatar, and The Trucial States A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. . The revision was a result of Indian Independence and the transfer of power in the Gulf from the Government of India to HM Government of the United Kingdom. The papers consist of interdepartmental discussion over the amendments to the five orders in council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , principally between officials at the Commonwealth Relations Office, Foreign Office, Colonial Office, and the Political Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. . Copies of the finalised orders are contained in the file, as follows:

Also included in the file is a letter, dated 15 December 1948, from Edward Evans & Co., Consulting Engineers and Chartered Patent Agents, enquiring about patent in protection in Bahrain (folio 84).

Folios 2-10 are internal office notes.

Extent and format
1 file (189 folios)
Arrangement

The file is arranged in chronological order from the back to the front.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the inside back cover with 191; 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.

Written in
English in Latin script
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Coll 25/36 'Orders in Council: Revision of Persian Gulf Orders-in-Council' [‎17v] (36/476), British Library: India Office Records and Private Papers, IOR/L/PS/12/3341, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100066212463.0x000025> [accessed 28 March 2024]

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