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In Re: Indian Companies Act, 1882; in Re: T.F. Brown and Company, Limited - Court Judgment

LegalCrystal Citation
SubjectCompany
CourtKolkata
Decided On
Judge
Reported in(1887)ILR14Cal219
AppellantIn Re: Indian Companies Act, 1882; in Re: T.F. Brown and Company, Limited
Excerpt:
companies' act (act vi of 1882), section 162 - extraordinary power of the court under the companies' act--examination of witness--costs. - .....any book, as far as he remembered, or any record in this court, or any case in england, where any witness examined under this section, or a simitar section of the companies' act in england, or any witness examined under the similar section of the insolvency act, could be given costs for attendance of counsel or attorney. i have not been able to find any case, with the exception of, perhaps, the case, cited during the argument, of hurruck chund golicha. on examination i do not think that that is an authority on this question. since the adjournment granted for the purpose of ascertaining whether such an order had ever been made i have not been referred to any case where any such order has ever been made under the companies ' act or toe bankruptcy act, and i am not quite certain that this.....
Judgment:
ORDER

Trevelyan, J.

1. The question which I reserved for consideration was as to how I should dispose of the costs of the examination of the witnesses who had been examined, and the reason why I reserved the consideration of this question was that Mr. Pugh, who appeared for the Official Liquidator, asserted that there was no report of any case in any book, as far as he remembered, or any record in this Court, or any case in England, where any witness examined under this section, or a simitar section of the Companies' Act in England, or any witness examined under the similar section of the Insolvency Act, could be given costs for attendance of counsel or attorney. I have not been able to find any case, with the exception of, perhaps, the case, cited during the argument, of Hurruck Chund Golicha. On examination I do not think that that is an authority on this question. Since the adjournment granted for the purpose of ascertaining whether such an order had ever been made I have not been referred to any case where any such order has ever been made under the Companies ' Act or toe Bankruptcy Act, and I am not quite certain that this Court has any power whatever to make any such order. But prima facie a witness in any proceeding in only entitled to his ordinary expenses, although he might in some of those proceedings be entitled to appear by counsel or attorney as the ease might be, and be examined by them. It does not follow from that that the other side is to pay him the costs of appearing by counsel and attorney. There is nothing very extraordinary in the facts of this case. The Official Liquidator wished to get certain information from these gentlemen (Messrs- Barrow and Thomson), who were connected with the Company which was under liquidation. Inasmuch as there is no precedent for witnesses getting such costs, I think that this is not a case in which such an order ought to be made.


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