Page 246 - Bahrain Gov Annual Reports (II)_Neat

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Judicial.

CASES HEARD DURING THE YEAR.
Bahrain Courts.
Land cases ... 230
Civil suits 82
Criminal cases ... 215
Pending cases 95
Total 622

Bahrain Small Courts.
Now cases ... 700
Pending cases ... 210

Total 910
Total court fees collected from all courts Rs. 9,000—12—6.
Thirteen cases were referred by the Bahrain Courts to the Majlis Tijara and
six cases were transferred to the Shia and seventy-five to the Sunni Shara Courts.
All the cases sent to the Sunni Shara Court are pending.
Two important estate cases were dealt with by the Bahrain. Court, those of
the deceased Aly bin Sagar and Ahraed bin Saad.
The estate of the bankrupt Kbalifah bin Khammis al Gharair and his late
brother ltashid bin Yusuf has been partly disposed of, but the matter is complicated
as the surviving brother, who possesses the pearls which form the bulk of the proper­
ty, is in Bombay and is unlikely to return to Bahrain.
The court dealt with the divers of eight other cases and collected their
earnings for the creditors.
The number of appeal cases increased to about forty and there were six
appeals from the Shia Shara Court to the Appeal Qadi.
Five cases were transferred to the Department of Minors which administered
the property on behalf of the minor heirs.
There is still criticism of the Bahrain Courts. There always will be criticism
but it will decrease when a regular code is introduced. Attempts were made during
the year to obtain expert legal advice on drawing up a code but no suitable person
was found to undertake this work.
In criminal cases the court follows more closely than before the Sudan Penal
Code which is in Arabic and which has been found by experience to be a suitable
guide for most of the cases which are dealt with. This code could be easily adapted
for use in Bahrain but the procedure code would require considerable simplification.
In many cases the court acts according to precedent establised in previous cases.
The aged Shia Qadi, Shaikh Ali bin Hasan tendered his resignation on
account of his failing health. In fact he had been incapable of carrying out his
dutie3 for some time before his final retirement. He was granted a pension of Rs.
60 per month and retired to live in Qatif where he owned property. During his
tenure of office he was a loyal servant of the Government. No other Shia Qadi was
appointed. Shaikhs Bakr and Mohoined Ali, under the supervision of Shaikh Abdul
Hussein al Hilli, now form the Shia Shara Court. This arrangement appears to be
satisfactory.
The Sunni Shara Court has been the subject of some criticism owing to its
slowness in dealing with cases.