AIR 1965 ANDHRA PRADESH 272 ::(1965) 2 Andh WR 37 ::ILR (1966) Andhra Pra 1045

Andhra Pradesh High Court

Hon'ble Judge(s): Monohar Pershad, K. V. L. Narasimham , JJ

(A) Legal Practitioners Act (18 of 1879) , S.27— Taxation Rules framed by Hyderabad High Court and by High Court of Andhra Pradesh - Cases instituted in Telangana area when Hyderabad High Court was functioning - Rules not abrogated by S.119, States Reorganisation Act - Effect - Advocates' fees will be governed by Hyderabad Taxation Rules and not by Rules of High Court of Andhra Pradesh. State Reorganisation Act (37 of 1956) , S.119— In cases instituted in the former Telangana area at the time the Hyderabad High Court functioned, the Advocates' fees have to be taxed under the Rules made by the Hyderabad High Court under Sec. 27 of the Legal Practitioners Act, 1879 and not under the rules framed under the said provision of the Act by the High Court of Andhra Pradesh.(Para 12) After the appointed date under the States Reorganisation Act when the former Hyderabad High Court itself became defunct, the laws governing its jurisdiction and procedure did not continue to exist. But the Hyderabad Taxation Rules cannot be construed as laws governing the jurisdiction of the former Hyderabad High Court or its procedure. They were made by the former Hyderabad High Court for the taxation of Advocates' fees. Corresponding rules were also framed by the High Court of Andhra Pradesh. Since it was not shown that the competent authori....