In Re: Thakur Dassee Dassee vs . - 1906 Supreme(Cal) 132

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1906 Supreme(Cal) 132

SALE
In Re: Thakur Dassee Dassee – Appellant
Versus
. – Respondent

JUDGMENT

Sale, J. - I think that the Taxing Officer was quite right in holding that the fee of 30 gold mohurs paid to counsel in a motion for the discharge of guardians of an infant was unusual and excessive and was not prima facie allowable on taxation for payment either out of the estate or by the clients, who were the guardians of the infant. The order disallowing the costs as against the clients was not however absolute; but the attorney was required to show that he had written instructions from his clients to pay this excessive fee or to produce before the Taxing Officer a written authority to pass the fee for payment as against himself. The order, under which the taxation in question was made, directed the costs of the guardians in the motion to be taxed as between attorney and client and to be paid out of the estate of Troylockho Nath Biswas then in the hands of the Administrator-General.

2. Notice to the clients was given to appear on the taxation, but they did not appear; but exception was taken to the fee in question as excessive by the Taxing Officer, who only allowed 10 gold mohurs as against the estate and disallowed the remainder even as against the clients, unless writ

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