1936 (3) TMI 16

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....er of Mr. Justice Blackwell made in insolvency. It appears that the insolvent was engaged i heavy litigation, and he was ordered to pay the costs, and the bill of costs was taken in for taxation. Of course it was to the interest of the Office; Assignee and the estate to get the bill taxed at as low a figure as possible. The Taxing Master made his allocation and reduced the original amount which th....

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....s to quantum, and the Court does not usually interfere with the Taxing Master's discretion as to quantum. From that order of Mr. Justice Blackwell this appeal is brought, and a preliminary objection is taken that an appeal does not lie. Under Section 8(2) of the Presidency-towns Insolvency Act, order in insolvency matters shall, at the instance of any person aggrieved, be subject to appeal " a....

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....st a judgment under Clause 13 of the Letters Patent of that Court, which corresponds with Clause 15 of our Letters Patent, and as the order in question fell neither under Order XLIII, Rule 1, not was a judgment within Clause 13, an appeal did not lie. I am unable to agra with that reasoning, which seems to me to involve some confusion. Section 8 gives a right of appeal from an order made in insolv....

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.... other Courts. In my opinion, the direction that an appeal in insolvency is to lie in the same way and be subject to the same provisions as an appeal from an order made by a Judge in the exercise of original jurisdiction, does not import that an appeal only lies if conditions exist which would make an Original Side order appealable. The meaning of the words " in the same way " and " subject to the....