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Coll 25/36 'Orders in Council: Revision of Persian Gulf Orders-in-Council' [‎34v] (74/476)

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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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18
grounds for complaint exist, shall cause the matter to be brought before and
decided by the highest authority of the Sheikh, or some person specially
delegated by him for the purpose. The proceedings and final decision in a
case shall not, however, be considered legal unless notice has been given and
an opportunity afforded for 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. or Officer appointed by him
for the purpose to attend at the hearing and final decision.
(b) Civil
54. —(1) When any Kuwait subject desires to bring a suit against a person
to whom this Order applies, 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 ac X the
plaint, and may (a) hear and determine the suit in his Court, or (b) with the
consent of the several parties, may refer the case to one or more arbitrators
for settlement:
(2) Provided that a Kuwait subject to whom this Order does not apply
shall, if required by the Court, first obtain and file in the proper Office of the
Court the consent, in writing, of the competent authority on behalf of the
Sheikh, to his submitting, and that he shall submit by writing to the jurisdic
tion of the Court, and, if required by the Court, give security to the satisfaction
of the Court, and to such reasonable amount as the Court thinks fit, by deposit
or otherwise, to pay fees, costs, and damages, and abide by and perform the
decision to be given by the Court or on appeal.
(3) The award of the Arbitrator under sub-paragraph 1 (b) of this Article
shall be final, and shall not be open to appeal unless such award shall within
a reasonable time have been ordered 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. to be
set aside on the ground that it is not final, or is defective, or that the Arbitrator
has exceeded his authority, or has been guilty of misconduct in the matter.
(4) A cross suit shall not be brought in the Court against a plaintiff, being
a person not subject to this Order, unless the first two conditions of sub-
Article (2) above are fulfilled.
(5) When a person to whom this Order applies desires to institute a suit
against a person not subject to the said Order, 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 admit the same and after satisfying himself that pn'ma facie grounds for
bringing a suit exist, shall cause the matter to be brought before and decided
by the highest authority of the Sheikh, or some person specially delegated by
him for the purpose. The proceedings and final decision in a case shall not,
however, be considered legal unless notice has been given and an opportunity
afforded for 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. , or Officer appointed by him for the purpose,
to attend at the hearing and final decision.
(6) Nothing herein mentioned shall prevent the Court from referring any
matter in the progress of a suit which involves a point of Muhammadan law
to a Qazi for decision, or from sending any party or witness, being a
Muhammadan, to a Qazi for the administration of an oath.
55. —(1) Where a person to whom this Order does not apply obtains, in
a Court established under this Order, a decree or order against a defendant,
being a person subject to this Order, and in another suit that defendant
is plaintiff and the person to whom this Order does not apply is defendant
the Court may, if it thinks fit, on the application of the person subject
to this Order, stay the enforcement of the decree or order pending that
other suit, and may set off any amount decreed or ordered to be paid by
one party in one suit against any amount decreed or ordered to be paid by
the other party in the other suit.
(2) Where a plaintiff, being a person to whom this Order does not apply,
obtains a decree or order, in a Court established under this Order, against
two or more defendants being persons subject to this Order jointly, and in

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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.

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English in Latin script
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Coll 25/36 'Orders in Council: Revision of Persian Gulf Orders-in-Council' [‎34v] (74/476), British Library: India Office Records and Private Papers, IOR/L/PS/12/3341, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100066212463.0x00004b> [accessed 28 March 2024]

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