High CourtsFull Bench

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

Bombay High Court · Decided on 9 January 1908 · Citation: (1908) 10 BOMLR 76

HON’BLE JUDGES
K.C.I.E., C.J · Lawrence Jenkins, J · Batchelor, J
CASE NUMBER
Appeal No. 1503

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Judgment

2 paragraphs · 122 words

Lawrence Jenkins, C.J.—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.