'File 18/56 I (B 70) The Trucial Coast Order in Council; File 18/51 I (B 70) The Ottoman Order in Council, 1910; File 18/131 I (B 70)The Foreign Jurisdiction (Military Forces) Order in Council, 1927' [95r] (204/250)
The record is made up of 1 volume (122 folios). It was created in 6 Nov 1910-7 Dec 1943. 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.
23
Appeals.
122.— () Where an action in a Provincial Court involves the amount or value of fifty
pounds or upwards, any party aggrieved by any decision of that Court, with or without
Assessors, in the action shall have the right to appeal to the Supreme Court against the
same, on such terms and conditions as may be prescribed by Rules of Court.
(2) In any other case a Provincial Court may, if it thinks fit, give leave to appeal on
like terms.
(3) In any case the Supreme Court may give leave to appeal on such terms as it
thinks fit.
123. —(1) Any party to an action in the Supreme Court, or to an appeal to the
Supreme Court, aggrieved by the decision of that Court or by the verdict of & jury, may
move the Supreme Court to rehear such action or appeal.
(2) The motion shall be heard by the Full Court unless the Judge of the Supreme
Court otherwise orders.
(3) On such motion the Supreme Court may make any order that may be made by the
Court of Appeal in England in the exercise of its ordinary appellate jurisdiction.
(4) An application for a rehearing shall be made within the prescribed time.
Appeals to His Majesty in Council.
124.—(1) Where a final judgment or order of the Supreme Court made in a civil action
involves the amount or value of five hundred pounds or upwards, any party aggrieved there
by may, within the prescribed time, or, if no time is prescribed, within fifteen days after
the same is made or given, apply by motion to the Supreme Court for leave to appeal to
His Majesty the King in Council.
(2) The applicant shall give security to the satisfaction of the Court to an amount not
exceeding five hundred pounds for prosecution of the appeal, and for payment of all such
costs as may be awarded to any respondent by His Majesty in Council, or by the Lords of
the Judicial Committee of His Majesty's Privy Council.
(3) He shall also pay.into the Supreme Court a sum estimated by that Court to be the
amount of the expense of the making up and transmission to England of the transcript of
the record.
(4) If security and payment are so given and made within one month from the filing
of the motion-paper for leave to appeal, then, and not otherwise, the Supreme Court shall
give leave to appeal, and the appellant shall be at liberty to prefer and prosecute his appeal
to His Majesty in Council according to the rules for the time being in force respecting
appeals to His Majesty in Council from his Colonies, or such other rules as His Majesty in
Council from time to time thinks fit to make concerning appeals from the Supreme Court.
(5) In any case the Supreme Court, if it considers it just or expedient to do so, may
give leave to appeal on the terms and in the manner aforesaid.
J25. (i) Where leave to appeal to His Majesty in Council is applied for by a person
ordered to pay money or do any other act, the Supreme Court shall direct either that the
order appealed from be carried into execution or that the execution thereof be suspended
pending the appeal, as the Court thinks just.
(2) If the Court directs the order to be carried into execution, the person in whose
favour it is made may, before the execution of it, be ordered to give security to the
satisfaction of the Court for performance of such order as His Majesty in Council may think
fit to make.
(3) If the Court directs the execution of the order to be suspended, the party against
whom it is given shall, before an order for suspension is made, give security to the satis
faction of the Court for performance of such order as His Majesty in Council may think fit
to make.
126. This Order shall not affect the right of His Majesty at any time, on the humble
petition of a person aggrieved by a decision of the Supreme Court, to admit his appeal
thereon on such terms and in such manner as His Majesty in Council may think tit, and to
deal with the decision appealed from in such manner as may be just.
P art v.— P rocedure, C riminal and C ivil.
,27. (1) In every case, civil or criminal. Minutes of the proceedings shall be drawn
up and shall be signed by the Judge before whom the proceedings are taken, and shall,
where the trial is held with Assessors, be open for their inspection and for their signature if
concurred in by them.
(2) These Minutes, with the depositions of witnesses and the notes of evidence tal?en
at the hearing or trial by the Judge, shall be preserved in the public office of the Court.
128. Every Provincial and Local Court shall execute any writ, order, or warrant issu
ing from the Supreme Court, and shall take security from any person named therein for
About this item
- Content
The volume consists of three files, which have been brought together to form a single volume. The first file ('File 18/56 I, Trucial Coast A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. ') runs mostly from May 1911 - July 1912, then contains three documents and two pages of file notes dated December 1943 - January 1944. The file consists of papers relating to the judicial powers that could be exercised by the British on the Trucial Coast A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. in the light of various incidents dating back to 1909 (including two documents in Arabic), draft order in council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , and associated papers, May 1911-July 1912; and papers relating to a request by the British 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. to the Government of India to forward a copy of Government of India, Foreign Department Notification No 202-E.P. of 6 October 1881 relating to the judicial powers of officers of the British 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. , December 1943 - January 1944.
The second file ('File 18/51 I The Ottoman Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. ') includes printed correspondence relating to British extra-territorial jurisdiction in Turkey in the light of the arrest of certain British Indian subjects at Basra,1910; a copy of the Ottoman Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , dated 1910; and associated correspondence including records of the order's forwarding to and display in various British agencies and consulates in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. region by the British 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. and Consulate General, Bushire, dated March - August 1911.
The third file ('File 18/131 I The Foreign Jurisdiction (Military Forces) Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. ) includes two copies of the relevant Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , dated April 1927, and associated correspondence of the British 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. and Consulate General, Bushire relating to the order's forwarding to and display in various British agencies and consulates in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. region, dated May-July 1927.
- Extent and format
- 1 volume (122 folios)
- Arrangement
The papers are divided between each of the original three files that make up the volume and are arranged within each file in chronological order running from the front toward the back of the volume. The second file begins on f. 78; the third file begins on f.103.
- Physical characteristics
Foliation: the foliation system in use starts on the first page of the volume and continues to the end of the volume. The foliation appears in pencil in a sequence of circled numbers in the top right hand corner of each folio. The following foliation anomalies occur: folio 1 is followed by folios 1A and 1B; folio 77 is followed by 77A and 77B; folio 102 is followed by 102A and 102B; instead of folio 107 there appear folios 107A and 107B. A second foliation sequence of uncircled numbers starts at 1 on folio 3, then reverts again to 1 on folio 33 and continues to folio 76. Additional uncircled pagination starts at 1 on folio 83 and continues to folio 99.
- Written in
- English and Arabic in Latin and Arabic script View the complete information for this record
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'File 18/56 I (B 70) The Trucial Coast Order in Council; File 18/51 I (B 70) The Ottoman Order in Council, 1910; File 18/131 I (B 70)The Foreign Jurisdiction (Military Forces) Order in Council, 1927' [95r] (204/250), British Library: India Office Records and Private Papers, IOR/R/15/1/295, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023842169.0x000005> [accessed 12 December 2024]
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- Reference
- IOR/R/15/1/295
- Title
- 'File 18/56 I (B 70) The Trucial Coast Order in Council; File 18/51 I (B 70) The Ottoman Order in Council, 1910; File 18/131 I (B 70)The Foreign Jurisdiction (Military Forces) Order in Council, 1927'
- Pages
- front, back, spine, edge, head, tail, front-i, 1r:1v, 1ar:1bv, 2r:77v, 77ar:77bv, 78r:102v, 102ar:102cv, 103r:106v, 107ar:107bv, 108r:113v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence