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'File 32/2 Cases before Foreign Judicial Courts' [372r] (737/755)
The record is made up of 1 file (379 folios). It was created in 4 Feb 1905-13 Sep 1928. It was written in English, Arabic and Turkish. 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.
■",#3
i
^o.u # 78/u4*
Irc\r •
Ministry of Justice.
Baghdad, k:5th August 1928.
The Legal Secretary to
His Excellency the High Commissioner for Traq,
Baghdad.
^enorandura.
Reference your lTo.854G dated 16th July, 1928.
I have examined certain cases from the Basrah Court
in which sons of Ahdul ^ziz el Hukhazim. are concerned • The
Shaikh of Ku 'ait claims exclusion jurisdiction over these cases.
The point taken by 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.
, Bushire,
is based on the following presumption of facts as set out
verbatim^ from letter dated 30th of June, 1928, viz
that ‘‘that if a Kuwait subjects file a suit against another
Kuwait subject in an Iraq Court bn a purely Kuwait matter
(i.e. where the subject matter in dispute and tha defendants „
are in Kuwait and tha cause of action arose wholly in Kuwait )
Iraq Court should decline to entertain the case. * 1 '*
There are four cases in Basrah Civil Court and
nothing in the 3hara^ Court in which the sons of Abdul **.ciz el
Mukhaizim are concerned and in all of them the facts are
contrary to the assumption made by 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.
for
in each case the defendant was in Iraq.
(a)
Ali bin Abdul Aziz el Kakhaizim filed a case against
Saud ibn Abdul ~ziz resy n S Zubair ^or Rs. 1713/8/-
In this case the plaintiff was in Iraq, made a Power
of Attoreney at Basrah and filed the suit against his brother
residing in Iraq who is duly served in -*ubair and attended
to the Court.
(b) Baud ibn Abdul -*ziz el Kukhaizim the above defendant
filed a case against his brother ^li residing at Kubair. Ali
was served at -ubair and gave a Power of Attorney at Basrsh
to his advocate. This power of attorney states he was
residing at Aubair.
The case concerns a Hawalla for Rs.4000/- drawn by
About this item
- Content
The file contains correspondence, witness statements, marine (or sea) protests, and other documents related to legal cases involving subjects or residents of Kuwait tried before foreign courts.
Documents relating to the first thirteen cases have been indexed (folios 2-3), and include claims of debt, marine protests, witness statements, powers of attorney, certificates, and bills of landing.
The remainder of the file includes documentation relating to similar types of case and also to stolen property, suspected and attempted murder, fugitive and small causes cases. Papers also include arrangements for 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. , Kuwait, to collect evidence and for police personnel to travel to the relevant countries for investigations. The correspondence is between the Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. , Kuwait, 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. , several political and judicial offices in the places where cases were being heard (including Bangkok, North Kanara, Mohammerah [Korramshahr], Karachi, Basra, Baghdad, and Gwadur), and a number of individuals and companies involved in the cases. Some of this correspondence included discussion over regional legal matters and the interpretation of certain laws.
- Extent and format
- 1 file (379 folios)
- Arrangement
The file is arranged in rough chronological order.
- Physical characteristics
Foliation: the foliation sequence for this description commences at the front cover with 1, and terminates at the inside back cover with 381; 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 5-130; these numbers are also written in pencil, but are not circled. A previous foliation sequence, which is also circled, has been superseded and therefore crossed out.
- Written in
- English, Arabic and Turkish in Latin and Arabic script View the complete information for this record
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'File 32/2 Cases before Foreign Judicial Courts' [372r] (737/755), British Library: India Office Records and Private Papers, IOR/R/15/5/87, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100043971394.0x00008a> [accessed 25 March 2025]
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Copyright: How to use this content
- Reference
- IOR/R/15/5/87
- Title
- 'File 32/2 Cases before Foreign Judicial Courts'
- Pages
- front, back, front-i, 2r:51r, 52r:58v, 60r:69v, 70v:83v, 84v:86r, 87r:91v, 93r:110v, 112r:112v, 114r:153v, 156r:167r, 168r:182v, 184r:186v, 188r:189v, 191r:197v, 199r:208v, 210r:218r, 219v:225v, 227r:231v, 234r:248v, 249v:252v, 254r:270v, 272r:293v, 294v:295v, 296v:302v, 304r:309v, 310v:337v, 339r:339v, 341r:343v, 344v:349v, 353r:358v, 360v:361v, 363v:380v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence