TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Court Upholds Advocate Privilege, Affirms Confidentiality u/s 126 of Evidence Act, and Dismisses Petition.</h1> <h3>Sri Gangararapu Kameswara Rao Versus Gangavarapu Satyanarayna (Died) And Others</h3> The court dismissed the civil revision petition, upholding the order that the advocate witness should not be summoned due to the privilege under Section ... - Issues:1. Interpretation of Section 126 of the Evidence Act in the context of summoning an advocate as a witness.2. Review of a court order revoking the issuance of summons to an advocate witness.Analysis:1. The judgment dealt with the interpretation of Section 126 of the Evidence Act regarding the privilege of advocates not to disclose confidential communications with clients. The petitioner sought to summon an advocate as a witness in a case, but the advocate claimed privilege under Section 126, stating that he cannot be called upon to disclose privileged information. The court considered various precedents, such as P. Rajamma v. P. Chintaiah and Antony v. G. S. Naidu, to determine the scope of privilege under this section. The court emphasized that the privilege extends only to communications made in the course of professional employment and does not protect communications made for illegal purposes or fraud.2. The review petition was filed challenging the court's order revoking the issuance of summons to the advocate witness. The petitioner argued that Section 126 should not apply in this case as the summons had already been issued initially. However, the court upheld its decision, stating that there was no error in applying Section 126 and that the advocate should not be compelled to give evidence that may breach client confidentiality. The court highlighted the importance of maintaining the privilege and confidentiality of communications between advocates and clients to ensure effective legal representation.3. The judgment also referenced the decision in Moti bai v. State, emphasizing the importance of allowing accused individuals to consult with their legal advisors and maintain confidentiality in their communications. Section 126 was viewed as a safeguard to prevent intrusion into the confidential relationship between advocates and clients. The court underscored the necessity for clients to disclose all relevant information to their advocates without fear of disclosure, except in cases involving illegal activities or fraud.4. Ultimately, the court dismissed the civil revision petition, upholding the order that the advocate witness should not be called upon to give evidence due to the privilege granted under Section 126 of the Evidence Act. The judgment reinforced the principle that the privilege of advocates to maintain client confidentiality is crucial for the effective functioning of the legal system and should be upheld unless there are compelling reasons to set it aside.
TaxTMI 
TaxTMI 
