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‘File 28/34-II War emergency legislation’ [‎20v] (40/428)

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The record is made up of 1 file (212 folios). It was created in 5 Sep 1939-9 Jun 1948. 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. .

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*V
2
Sentences by
Special
Judges.
Review of
convictions.
Special
Magistrates.
Jurisdiction
of Special
Magistrates.
Procedure of
Special
Magistrates.
Sentences by
A ppeals.
proceedings of a Special Judge ; and for the purposes
of the said provisions the Court of the Special Judge shall
be deemed to be a Court of Session.
7. A Special Judge may pass any sentence authorised
by law.
8 . If in any proceedings before a Special J udge—
(а) a person convicted is sentenced to death, or to
transportation for life, or to imprisonment
for a term of seven years or more, or
(б) though no person is so sentenced, the Special
Judge certifies that in his opinion the
case has involved questions of special diffi
culty, whether of law or fact, or is one which
for any other reason ought properly to be
reviewed,
the proceedings shall be submitted for review by a
person nominated in this behalf by the Provincial
Government, which person shall be chosen from the
Judges of the High Court having jurisdic tion over the
area for which the Special Judge is appointed, and
the decision of that person shall be final.
9. Any Presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. Magistrate or Magistrate of the
first class who has exercised powers as such for a period
of not less than two years may be invested by the
Provincial Government w r ith the powers of a Special
Magistrate under this Ordinance.
10. A Special Magistrate shall try such offences or
classes of offences, or such cases or classes of cases
other than offences or cases involving offences punish
able under the Indian Penal Code with death, as the xlv of i: co
Provincial Government, or a servant of the Crown
empowered by the Provincial Government in this
behalf, may, by general or special order in writing,
direct.
11. (1) In the trial of any case, a Special Magistrate
shall follow the procedure laid down in sub-section (1)
of section 6 for the trial of cases by a Special Judge.
(2) In matters not coming within the scope of
sub-section (1), the provisions of the Code, so far as
they are not inconsistent with this Ordinance, shall
apply to the proceedings of a Special Magistrate ;
and for the purposes of the said provisions the Special
Magistrate shall be deemed to be a Magistrate of the
first class.
12. (1) A Special Magistrate may pass any sentence
authorised by law, except a sentence of death or of
transportation or imprisonment exceeding seven years.
(2) If a Special Magistrate is of opinion that an
offence under trial by him requires a punishment in
excess of that which he is empowered to inflict, he shall
stay proceedings and send the case for trial to the
Special Judge having jurisdiction in the area, and the
Special Judge shall thereupon have jurisdiction to try
the case as if it had been made over to him by order
in writing made under section 5.
13. (J) Where a Special Magistrate passes a sentence
of transportation or imprisonment for a term exceeding
two years, an appeal shall lie to the Special Judge
having jurisdiction in the area or, if there is no Special
Judge for the area, to the High Court in a Presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. -
town and elsewhere to the Court of Session.
(2) An appeal under sub-section (1) shall be
presented within seven days from the date of the
sentence.
(3) In disposing of an appeal under this section, a
Special Judge shall follow the same procedure and
have the same powers as an appellate Court follows
and has under the Code.

About this item

Content

The file contains correspondence relating to, and copies of the various orders, regulations and notices, issued under the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. States (Emergency) Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1939. The file’s principal correspondents are 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. (Lieutenant-Colonel Charles Geoffrey Prior); 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 Bahrain (Edward Birkbeck Wakefield; Major Tom Hickinbotham; Cornelius James Pelly; Lieutenant-Colonel Arnold Crawshaw Galloway).

The file includes:

Extent and format
1 file (212 folios)
Arrangement

The file’s contents are arranged in approximate chronological order, from the earliest item at the front to the latest at the end. The file notes at the end of the file (ff 194-212) mirror the chronological arrangement.

Physical characteristics

Foliation: the main foliation sequence (used for referencing) commences at the front cover with 1 and terminates at the back cover with 2; 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. Two additional mixed foliation/pagination sequences are also present in parallel between ff 2-185 and in the file notes between ff 194-212; these numbers are also written in pencil, but are not circled. Foliation anomaly: f 50 a, f 50.

Written in
English and Arabic in Latin and Arabic script
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‘File 28/34-II War emergency legislation’ [‎20v] (40/428), British Library: India Office Records and Private Papers, IOR/R/15/2/727, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025796324.0x000029> [accessed 8 February 2025]

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