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Coll 25/36 'Orders in Council: Revision of Persian Gulf Orders-in-Council' [‎73r] (151/476)

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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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Part V.— Civil Matters
40 . —(1) Subject to the other provisions of this Order, the Code of Civil
Procedure and the other Indian enactments relating to the administration of
civil justice and to insolvency and bankruptcy made applicable to all persons
subject to this Order shall apply to, and have effect in, the Trucial States A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates.
as if they were a district in the province of Bombay on 14th August, 1947.
The powers both of the Central Government and the Provincial Government
under those enactments shall be exercisable by the Secretary of State.
(2XAny jurisdiction exercisable by the Chief Court under this Order in
civi latters may be exercised by that Court, either within the limits of this
Order or elsewhere, within the limits of the Bahrein, Kuwait, Qatar or
Muscat Orders:
41 . When a suit between persons to whom this Order applies is filed in the
Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. , 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 enquire from the several parties
whether they desire that proceedings shall be instituted in accordance with
the Code of Civil Procedure and the Indian enactments made applicable to
the Trucial States A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. , or in accordance with local usage, and shall record their
replies.
42 . When any of the several parties desire that the suit shall be determined
in accordance with the Code of Civil Procedure and other enactments made
applicable to the Trucial States A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. , 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 forth
with proceed to decide the suit in accordance with the provisions of such
enactments, as far as local conditions permit.
The Court of the Political Agertt may however refer any matter in the
progress of a suit which involves a point of Muhammadan law to a Qazi for
a decision, or any party or witness, being a Muhammadan, to a Qazi for the
administration of an oath ; or may refer any matter in the progress of a suit
between parties belonging to the same community which, in the discretion
of the Court, is a fit and proper subject for the decision of the local leaders
of that community, to a punch or jama’at of the leaders of such community ;
or, in commercial cases, may refer any matter in the progress of a suit which,
in the discretion of the Court, is a fit and proper subject for the decision of
the principal local merchants to a majlis or jama’at of such merchants.
43 . —(1) The Foreign Jurisdiction (Admiralty) Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. 1910(m),
shall apply to the Trucial States A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. , and the Chief Court shall have the juris
diction conferred by Article 4 of that Order, and the Court of the Political
Agent shall be deemed to be a Provincial Court, and the Registry thereof a
District Registry within the meaning of the said Order.
(2) Admiralty actions commenced in the said Registry shall be tried in 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. unless the Chief Court is at the time sitting
within the limits of this Order, or unless all parties agree that the action shall
be tried in the Chief Court sitting elsewhere than within the limits of this
Order.
(3) The duties of the Registrar and of the Marshal, either of the Chief
Court or of 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. , under the said Order shall be
performed by such Officers as 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. shall direct.
44 . —(1) 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 endeavour to obtain, as
early as may be, notice of the deaths of all persons subject to this Order
leaving property in any place within the jurisdiction of the Court as pre
scribed by this Order, and all such information as may serve to guide the
Court with respect to the securing and administration of their property.
(m) S.R. & O. 1910 (No. 1183) p. 131.
15

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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' [‎73r] (151/476), British Library: India Office Records and Private Papers, IOR/L/PS/12/3341, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100066212463.0x000098> [accessed 29 March 2024]

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