Supreme Court Rules 2013 - Order XLII | Order 42
Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed)
Supreme Court Rules 2013:
Special Reference Under Article 143 Of The Constitution
1. On the receipt by the Registrar of the Order of the President referring a question of law or fact to the Court under article 143 of the Constitution the Registrar shall give notice to the Attorney-General for India to appear before the Court on a day specified in the notice to take the directions of the Court as to the parties who shall be served with notice of such reference, and the Court may, if it considers it desirable, order that notice of such reference, shall be served upon such parties as may be named in the order.
2. Subject to the directions of the Court the notice shall require all such parties served therewith as desired to be heard at the hearing of the reference to attend before the Court on the day fixed by the order to take the directions of the Court with respect to statements of facts and arguments and with respect, to the date of the hearing.
3. Subject to the provisions of this Order, on a reference under article 143 of the Constitution, the Court shall follow as nearly as may be the same procedure as is followed in proceedings before the Court in the exercise of its original jurisdiction, but with such variations as may appear to the Court to be appropriate and as the Court may direct.
4. After the hearing of the reference under article 143 of the Constitution the Registrar shall transmit to the President the report of the Court thereon.
5. The Court may make such order as it thinks fit as to the costs of all parties served with notice under these rules and appearing at the hearing of the reference under article 143 of the Constitution.
Supreme Court Rules 1966:
1. The Registrar, or such other officer as the Chief Justice may appoint for the
purpose, shall be the Taxing Officer of the Court.
2. The Taxing Officer shall allow all such costs, charges and expenses as appear
to him to have been necessary or proper for the attainment of justice or for defending
the rights of any party, and shall not allow any costs, charges and expenses which
appear to him to have been incurred or increased unnecessarily or through negligence
3. Where in the opinion of the Taxing Officer a fee ought to be allowed for
any matter not provided for in these rules or a question arises in taxation on which
he considers it necessary to obtain the directions of the Chamber Judge, the Taxing
Officer may refer such matter to the Chamber Judge for orders.
4. Where the Taxing Officer is of opinion that any costs have been injuriously
or unnecessarily occasioned by the negligence or improper conduct of any advocate
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on record, he shall not allow any charge for the same without the leave of the Court.
5. The Taxing Officer shall without delay bring to the notice of the Chamber
Judge any wrong charge which appears to him to have been wilfully made in any
bill of costs.
6. Every bill of costs lodged for taxation between party and party shall contain
a certificate from the advocate lodging the same that the fee paid to him by his client
or agreed to be paid to him is not less than the amount of fee claimed by him in the
7. Every bill of costs shall be properly dated throughout and shall show
in a column for the purpose the money paid out of pocket.
8. Every bill of costs shall be certified by the signature of the advocate on
record in the case.
9. The fee for taxation and registration of every bill of costs shall be paid in
Court-fee stamps when the bill is lodged for taxation.
10. Every bill of costs shall, wherever possible, be accompanied by vouchers,
and every item of disbursement and the cause thereof shall be distinctly specified,
and no payment out of pockets shall be allowed except on production of the
necessary voucher, or in the case of advocate’s fee, without the signature of the
advocate that the fee has been paid, or agreed to be paid.
11. Within eight weeks from the date of the judgment or order awarding costs,
or within such further time not exceeding four weeks as the Taxing Officer may for
good cause allow, the party to whom the costs have been awarded shall lodge in
the Registry the bill of costs and vouchers. He shall also serve on the opposite party
a copy of the bill of costs and file in the Registry proof of such service. The Taxing
Officer shall fix a date for the taxation of the bill and shall notify the parties of the
12. A bill of costs presented out of time shall be returned to the party
and the Taxing Officer shall not receive or tax the same except by order of the
13. Except as otherwise provided in these rules or by any law for the time
being in force, the fees set out in the Second and Fourth Schedules to these rules
may be allowed to advocates and officers of Court respectively.
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14. No retaining fee to an advocate shall be allowed on taxation as between
party and party.
15. Where an advocate appears for different parties in the same suit, appeal
or matter only one set of fees shall be allowed unless the Court otherwise orders.
16. Where two or more appeals arising out of a single proceeding are heard
together and costs are awarded in both or all of them, only one set of advocate’s
fee shall be allowed for the hearing, unless the Court or the Chamber Judge otherwise
17. In defended appeals, suits and references under article 143 and 317 (1)
of the Constitution, the first day’s hearing fee shall be allowed in full, for the first
four and a half hours of the hearing or part thereof, in accordance with the Schedule
subject to the provisions contained in rules 19 and 20.
[18. No refresher shall be allowed unless the hearing has lasted for more than
two days i.e. nine hours, and the Taxing Officer shall have discretion to reduce the
refresher or to allow a refresher having regard to the duration of the hearing after
the first nine hours.
Provided that when a matter is adjourned without any arguments on merits,
no fee shall be charged for that day.]
19. Where the hearing of a part-heard case is held up on account of the Court
being occupied with any miscellaneous matters, the time taken in the hearing of such
miscellaneous matters shall be taken into consideration by the Taxing Officer for
the purposes of a refresher.
20. In cases involving less than twenty thousand rupees in value the Taxing
Officer shall have discretion to reduce the fees, including the first day’s hearing fee
and the ‘acting fee’ suitably according to the nature of the case.
21. Where an appeal is compromised prior to its being set down for hearing
the fees to be allowed to advocate under item 1 of Part I of the Schedule II shall
be half the amounts specified therein subject to the terms of the compromise.
22. The fees provided in items 3 to 8 of Part I of the Second Schedule shall
be subject to reduction in the discretion of the Taxing Officer according to the nature
of the case.
1. Subs. by G.S.R. 409, dated 3rd July, 1990 (w.e.f. 7-7-1990).
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RULES RELATING TO ADVOCATES AND CLIENT TAXATION
23. Where a dispute arises between the advocate on record and his client as
to the fees and charges payable to the advocate, either party may apply to the
Chamber Judge for an order to have the bill taxed and, on an order for taxation
being made, the Taxing Officer may proceed to tax the bill. The application when
made by the advocate, shall be accompanied by a copy of the bill sought to be
Provided that where the client has expressed his consent in writing to the taxation
of costs between himself and his advocate on record in any proceeding, the advocate
may present his bill of costs in that proceeding for taxation without an order of the
Chamber Judge, and the Taxing Officer shall thereupon proceed to tax the bill.
24. In every case of taxation between advocate and his client, the client shall
be duly summoned by the Taxing Officer to attend the taxation, and the summons
shall be served on the client at least two weeks prior to the date fixed for taxation.
25. Subject to any agreement in writing to the contrary, the rules regulating
the taxation of costs between party and party shall be applicable as far as may be
to taxation between advocate and client.
26. No agreement between the advocate on record and his client to pay fees
higher than those prescribed in the Second Schedule shall be recognised unless the
same has been recorded in writing and is signed by the client and has been filed
before the commencement of the hearing.
Explanation:- For the purpose of this rule “agreement in writing” shall include
the correspondence between the advocate on record and his client from which such
an intention may be gathered.
27. Where the Taxing Officer is of the opinion that any such agreement filed
as aforesaid is unfair or unreasonable, he may place the matter before the Chamber
[for orders] and the Judge may make such order as he may think just, and
the taxation shall proceed in accordance with such order:
Provided that where fees are payable by the client personally or out of a fund
belonging entirely to him, any fees actually paid by the advocate on record to the
senior or other advocate in excess of the fees prescribed in the Schedule shall not
be called in question if the payment of such fee is duly authorised by the client.
1. Subs. by G.S.R. 410, dated 26th February, 1968 (w.e.f. 26-2-1968).
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28. Where the amount of a bill of costs between advocate and client is reduced
by l/6th or more, the advocate’s fee for attending taxation shall be disallowed.
29. An advocate whose bill against his client has been taxed may apply to the
Chamber Judge for an order against his client or his legal representative for payment
of the sum allowed on taxation or such sum thereof as may remain due to him. The
order so made may be transmitted for execution to such Court as the Chamber
Judge may direct.
REVIEW OF TAXATION AND MISCELLANEOUS PROVISIONS
30. Any party who is dissatisfied with the allowance or disallowance by the
Taxing Officer of the whole or any part of the items in a bill of costs may apply to
the Taxing Officer to review the taxation in respect thereof.
31. An application for review shall be made within three weeks and a copy of
the application shall be served on the opposite party.
32. Objections in writing specifying concisely the items or parts of the bill
objected to and the grounds for the objections shall be served with the notice on
the other party, and a copy thereof shall at the same time be carried in before the
33. Objections which were not taken in at the time of the taxation shall not be
taken in at the stage of review, unless allowed by the Taxing Officer.
34. Upon application to review his order, the Taxing Officer shall reconsider
his taxation upon the objections carried in and may, where he thinks fit, receive further
evidence in respect thereof, and shall state in a certificate the grounds of his decision
thereon and any special facts or circumstances relating thereto.
35. Any party dissatisfied with the decision of the Taxing Officer on review
may, not later than seven days from the date of the decision, or within such further
time as the Taxing Officer or the Chamber Judge may allow, apply to the Chamber
Judge for an order to review the decision of the Taxing Officer and the Chamber
Judge may thereupon make such order as may seem just.
36. No evidence shall be received by the Chamber Judge upon the review of
the Taxing Officer’s decision which was not before the Taxing Officer when he taxed
the bill or reviewed his taxation unless the Chamber Judge otherwise directs.
37. The certificate of the Taxing Officer by whom any bill has been taxed shall
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unless it is set aside or altered by the Chamber Judge, be final as to the amount of
the costs covered thereby.
38. The allowance to be made to witnesses per diem shall be such as the Taxing
Officer may think reasonable having regard to the profession or status of the witness.
39. Witnesses residing more than five miles from the place where the Court
sits shall be allowed travelling expenses according to the sums reasonably and actually
paid by them and shall also be allowed such sums for subsistence money and carriage
hire as the Taxing Officer, having regard to the daily allowances under rule 38,
40. Every person summoned to give evidence shall have tendered to him with
the summons a reasonable sum for his travelling expenses (if any) and for the first
day’s attendance and shall, if obliged to attend for more than one day, be entitled,
before giving his evidence, to claim from the party by whom he has been summoned
the appropriate allowances and expenses for each additional day that he may be
required to attend.
41. Witnesses who have not been paid such reasonable sums for their expenses
as the Court allows by its rules may apply to the Court at any time in person to
enforce the payment of such sum as may be awarded to them.
42. For the purposes of these rules, a folio shall be deemed to consist of two
hundred words; seven figures shall be counted as one word; and more than half a
folio shall be reckoned as a folio.
43. Where the costs of any proceeding which terminated prior to the 26th of
January,1954, have to be taxed, such costs shall be taxed in accordance with the
taxation rules which were in force prior to the said date