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In Re: Framji Cawasji Marker : Costs of Crawford and Co. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case NumberAppeal No. 1503
Judge
Reported in(1908)10BOMLR76
AppellantIn Re: Framji Cawasji Marker : Costs of Crawford and Co.
Excerpt:
high court rules, rule 544-taxation-bill of costs-practice.; rule 544 of the rules of the bombay high court does not empower a judge to make an order on an attorney's application for taxation of his bill of costs for business not transacted in court, unless such order be by consent, and the court has not any inherent power on which the jurisdiction can be rested. - lawrence jenkins, c.j.1. we think the order under appeal is erroneous. rule 544 of the rules of the high court of bombay does not empower a judge to make an order on an attorney's application for taxation of his bill of costs for business not transacted in court, unless such-order be by consent, and the court has not, in our opinion, any inherent power on which the jurisdiction can be rested: sayers v. walond (1822) 1 s 97.2. the order, moreover, cannot be supported by reference to rule 149 of the supreme court rules, for, even if it be applicable, it provides for a procedure which has not been followed. we must, therefore, reverse the order with costs throughout. certify for counsel.
Judgment:

Lawrence Jenkins, C.J.

1. We think the order under appeal is erroneous. Rule 544 of the Rules of the High Court of Bombay does not empower a Judge to make an order on an attorney's application for taxation of his bill of costs for business not transacted in Court, unless such-order be by consent, and the Court has not, in our opinion, any inherent power on which the jurisdiction can be rested: Sayers v. Walond (1822) 1 S 97.

2. The order, moreover, cannot be supported by reference to Rule 149 of the Supreme Court Rules, for, even if it be applicable, it provides for a procedure which has not been followed. We must, therefore, reverse the order with costs throughout. Certify for counsel.


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