Page 235 - Bahrain Gov Annual Reports (III)_Neat

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laws and by the Majlis Tajara which i6 an advisory body consisting of leading merchants and men in
the diving industry, who give their services freely and who after examining them, make reports to the
courts on eases which involve questions of local commercial practice and diving customs. There is
a right of appeal from the Junior Court to the Senior Court, from the Senior Court to the Appeal
Court which consists of Shaikh Abdullah bin Isa Alkhalifah and the Adviser, who occasionally submit
eases to His Highness himself for his approval, and from the Shia Shara Court to the Shia Appeal
Qadi, Shaikh Abdulhusain Al-Hilli. The desirability of appointing a Sunni Appeal Qadi has long
been felt but there is no suitable or qualified person for the post in Bahrain.

The Bahrain Court has two divisions, the Senior and the Junior Court, the former hears civil
claims, land cases and disputes over water rights, which arc frequently settled by assessors, estate
cases, bankruptcies and offences other than minor charges committed by Bahrain subjects, the latter
deals with civil claims whose subject-matter docs not exceed Rs. 400, matrimonial disputes which are
numerous and simple diving claims. The Qadis hear cases of inheritance, divorce and disputes in
which an oath is administered.

At the end of 1363 a number of reforms were introduced into Bahrain courts in order to improve
their efficiency and to speed up the disposal of a quantity of old cases which had been pending for a
long time. The Senior Court, which previously consisted of two magistrates sitting together, with
the Adviser attending court once a week, was divided into two courts, with equal jurisdiction, each
consisting of one magistrate sitting separately in a different courtroom. On one day in the week the
two magistrates sat together, with the Adviser, for hearing appeals from the lower court and for cases
of particular importance. This arrangement which has now existed for over a year, has resulted in
the majority of the old pending cases being finally disposed of. Various other arrangements which
were made for the improvement of the court procedure have been successfully maintained and the
routine of the department is working more smoothly since the appointment of a Superintendent
which is responsible for the registration of cases, court diaries, correspondence and filing systems.
The innovations which were introduced have, generally, resulted in a great improvement in the
administration of justice in the Bahrain courts.

During the year under review 626 new cases were filed in the Senior Court consisting of 243
criminal cases, 171 civil suits, 204 land cases and 8 estates. Most of the criminal cases were prosecu­
tions for thefts, pilfering and contravention of traffic and food control regulations. A number of
fatal road accidents were investigated. The estate cases were not important, most of the big cases
of this nature were taken over by the Minors' Estates Department at the request of the heirs. There
were no bankruptcies which is an indication of the prosperous conditions in Bahrain. During the
year the court disposed of 1051 cases which included the final settlement of about 80% of the old
pending cases. During next year all old cases should be disposed of. The year ended with 159
cases, new and old, before the court. Court fees amounted to Rs. 15,000 and fines exceeding Rs. 24,000
were collected, most of the fines were imposed in smuggling cases and included the proceeds of con­
fiscated goods and the sale of craft used for smuggling. The incentive to smuggle has decreased
owing to an increase of goods and a decrease in the prices paid for smuggled goods in the neighbouring
countries. It is probable that both court fees and fines will decrease in 1365.

The total number of new cases in the Junior Court during the year was 938 of which 765 were
heard and disposed of. There were 369 old cases pending at the beginning of the year out of which
332 were finally settled.
The Sunni Shara Court took over 255 new cases from the Bahrain courts out of which 164 cases
were heard in spite of the fact that the Qadis were at the beginning of the year induced to give an extra
day to court work. In the Shia Shara Court 56 cases out of 84 were disposed of. The Majlis Tajara
was referred to in 48 cases and dealt with 25 cases. The Shia Appeal Qadi gave judgment in all the
10 appeals which were submitted to him and the Bahrain Appeal Court gave judgment in 19 out of
31 cases.