privileged communications
kuldeep kumar
(Querist) 01 July 2011
This query is : Resolved
sec 126 says communications are privilged.
sec 128 says if party himself offers as witness still it is privileged.
but if party calls such advocate as witness and ask him question respecting subject-matter of privilege then privileg is waived by what is called conduct of party.
if any party calls a advocate as witness and ask him questions what is called privileged questions then privileg is lost.
pls correct me if i m right at point.
kuldeep kumar
(Querist) 01 July 2011
if u/s 129 he offer as witness and then he may be compelled to disclose any communication.
now what court allow to be asked may be a communication privilegd between advocate and his client.
my question is if a party want to keep communication privilegd he can do it in only one situation that is do not offer himself as a witness only on those points which he want to keep privilegd.
next situation which may arise when privileg is lost is when he is cross examined and matter is revealed.
by privilege i specifically means those informations & communications which may become reason of loosing case if disclosed. I NEED THEIR THERELORDSHIPS OPINION THANX
valentine thakkar
(Expert) 01 July 2011
Communication between husband and wife is a privileged communication and the spouses cannot be compelled to divulge the same.
