Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

1986 (3) TMI 344

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... filed by respondents Nos. 1 to 3 herein, who are legal heirs of deceased, Bhaskaran Nair, who met with an accident on October 11, 1981. Respondents Nos. 1 to 3, wife and children of the deceased, claimed a compensation of ₹ 1,50,000. The fourth respondent by exhibit P-l judgment dated December 13, 1985, awarded the entire sum claimed with interest at the rate of 12 per cent, per annum from .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... regarding fees payable to advocates that will apply to the instant case and not Rule 6 which governs fees payable for suits for money. It should be noted that the petitioner has no case that the rules regarding fees payable to advocates framed by the High Court dated March 7, 1969, are inapplicable. The only question raised is that it is not Rule 6 that applies, but only rule 16 thereof. (Paras 2, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s fee by the Tribunals. It is not, as if, the said rules are binding for awarding the fees in proceedings before Tribunals. It should be remembered that the award of costs is fully discretionary. It means allowances, a succeeding party is entitled to get from the losing party to reimburse himself for expenses incurred in defending the proceedings. The power to award costs is incidental and ancilla .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 3 herein are entitled to advocate's fees as provided for suits in the Civil Rules of Practice. Reference was made to advocate's fee payable in suits in Civil Rules of Practice only by way of analogy and guidance and to fix the quantum and was not due to the reason, that the said rule, ipso facto applies to the award of fees by the Tribunal. In such circumstances, I am unable to say that t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates