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File 2/5 X 'SHAIKH'S DATE GARDENS' [36r] (76/592)
The record is made up of 1 volume (292 folios). It was created in 2 Jul 1938-17 Jan 1939. It was written in English and Arabic. 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
This transcription is created automatically. It may contain errors.
9 .
The author then expressed his personal opinion with*
regard to the question of absence and stated on page 14 the
following:-
"Distinction should be made in the case of absence
between two things. If the absence is a common one, (i.e, if
a person leaves for a certain known or an unknown place and then
returns) his absence in this case cannot prevent the progress
of prescription, because it was possible for him to take the
necessary measures before his departure for the protection of
his rights from ior_Leiture, i^ven if he lives far away from
his country, it is possible for him - in the existence of the
present facilities agreed upon among the various Governments -
to send a power of attorney to whoever represents him in
claiming his rights, failing this he will be considered negligent
Prescription cannot be suspended in the presumption
of negligence as already mentioned. An exceptional case should
be allowed if the absentee suffered from a forced incident during
his absence, such as captivity, the cutting of communications,
or the quarantine restrictions on account of pest, etc. In
these cases the prescription cannot be operative for reasons
of absence but for the forced incident which was not the result
of any negligence.
But if a person was caused to be absent by force, for
example being deported from his own country, such person
shall not be excused if it was in his ability before his
departure to appoint an Agent or was, during his deportation,
able to appoint a representative to file a suit claiming his
right. The contrary is applied, if it has been proved that
he was deported to a place where he could not appoint an Agent,
or was in a state of absolute inability to do anything to
maintain his right. Such a case is considered to be of a
forced nature which warrants the suspension of prescription.
According to Sharia (i.e. Islamic Religious Law -
translator) Authorities, where a person is held to be absent,
his case, under Sharia Law comes under one of two heads, either
where
About this item
- Content
This volume is a continuation from IOR/R/15/5/148. It contains correspondence, memoranda and legal papers regarding law suits brought against the Shaikh of Kuwait [Aḥmad al-Jābir Āl Ṣabāḥ] by the heirs of the former owners of the Al Faddaghiyeh, Al Bashiyah and Al Fao properties. The papers discuss the provision of legal assistance for the Shaikh of Kuwait, the progress of the various lawsuits, the felling of date trees on the Fao land, and attempts by the Shaikh's representatives to have the ownership of the garden properties settled under the Iraqi Land Settlement Law. The papers also concern the question of compensation to be paid to the shaikhs of Kuwait in respect of a) property potentially lost through litigation, and b) income lost through the imposition of Istihlak tax.
The volume primarily consists of correspondence between 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. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , the Foreign Office, 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 Treasury, 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. at Kuwait, and HM Ambassador to Iraq. It also contains letters received from the Shaikh of Kuwait (Shaikh Aḥmad al-Jābir Āl Ṣabāḥ), the Shaikh's son and acting representative in Basra (Shaikh Muḥammad Āl Ṣabāḥ), and the Shaikh's lawyers, Ahmed Rushidi Bey [Aḥmad Rashīdī Bey] and Abdul Jalil Partu, as well as copies of outgoing letters to them.
The volume contains the following case notes and legal documents:
- Translation of a reply to the Plaintiff's Counsel's Note, submitted by Ahmed Rushidi Bey to the Basra Court of Instance, ff 28-39.
- Minutes of a meeting held at the Foreign Office on 21 April 1938 regarding the date garden properties of the Shaikhs of Kuwait and Mohammerah, ff 71-90.
- Print of the Land Settlement Law No. 29 of 1938, taken from the Iraqi Government Gazette, ff 150-154.
- English and Arabic copies of the Judgement of the Basra Court of Instance in suit No. 373/1932, ff 198-206.
- English translation of the Judgement of the Court of Cassation, in its capacity as a Court of Appeal, regarding five Aranas situated in the Tel Kaif village, ff 216-218.
The file continues under reference IOR/R/15/5/150.
- Extent and format
- 1 volume (292 folios)
- Arrangement
The papers are arranged in rough chronological order from the front to the rear 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 294; 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. An additional foliation sequence is present in parallel between ff 6-289; these numbers are also written in pencil, but are not circled.
- Written in
- English and Arabic in Latin and Arabic script View the complete information for this record
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File 2/5 X 'SHAIKH'S DATE GARDENS' [36r] (76/592), British Library: India Office Records and Private Papers, IOR/R/15/5/149, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100082426556.0x00004d> [accessed 8 June 2024]
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Copyright: How to use this content
- Reference
- IOR/R/15/5/149
- Title
- File 2/5 X 'SHAIKH'S DATE GARDENS'
- Pages
- 25r:26v, 28r:39v, 68r:69v, 161r:162v, 180r:181v
- Author
- Ahmed Rushidi Bey
- Usage terms
- Public Domain