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Coll 25/36 'Orders in Council: Revision of Persian Gulf Orders-in-Council' [‎153v] (350/476)

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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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Order applies desires to bring a suit against a Bahrein subject,
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 complaint, and
(a) With the concurrence of the Sheikh of Bahrein, may hear
and determine the suit in his District Court, or
(b) May hear and determine it in a Joint Court, or
(r) May refer it to the Majlis-el-IJrf for decision, or
(d) In cases between pearling-masters and divers, may refer
it to the Salifah Court, or
(e) With the consent of the several parties, may refer the case
to one or more Arbitrators for settlement.
(2) The judgment of the Joint Court or of the Majlis-el-Urf
shall for all purposes be considered the same as if it were that
of the District Court.
(3) An appeal from the decision of the Salifah Court shall lie
to 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. acting in concert with the Sheikh of
Bahrein, and in all Salifah cases their joint decision shall he final.
(4) The award of the Arbitrator under sub-Article 1 (e) shall
he final, and shall not he open to appeal unless the same shall
within a reasonable time have been ordered by 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.
( 5 ) Nothing herein mentioned shall prevent the District Court,
the Joint Court, the Majlis-el-Urf, the Salifah Court, or the
Arbitrator from referring any matter in the progress of a suit
which involves a point of Mahommedan law to a Kazi for
decision, or from sending any party or witness, being a
Mahommedan, to a Kazi for the administration of an oath.
40—(1) Where a Bahrein subject obtains, in a Court estab
lished under this Order, a decree or order against a defendant
being a British subject, or foreigner, and in another suit that
defendant is plaintiff and the Bahrein subject is defendant, the
Court may, if it thinks fit, on the application of the British
subject, or foreigner, 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 Bahrein subject, obtains a decree
or order, in a Court established under this Order, against two or
more defendants, being British subjects, or foreigners, jointly,
and in another suit one of them is a plaintiff and the Bahrein
subject is defendant, the Court may, if it thinks fit, on the appli
cation of the British subjects, or foreigners, 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, without prejudice to the right of the
British subject or foreigner to obtain contributions from his co
defendants under the joint liability.
(3) Where in a suit a Bahrein subject is co-plaintiff with a
British subject or foreigner who is in Bahrein, it shall not he

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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' [‎153v] (350/476), British Library: India Office Records and Private Papers, IOR/L/PS/12/3341, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100066212464.0x000097> [accessed 28 March 2024]

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