England, the Legal professional privilege is often classified
under two subheadings: legal advice privilege and litigation
privilege. Legal advice privilege comprises of communications
between ... conducting that litigation;
(c) the litigation must be adversarial, not
investigative or inquisitorial.”
51. The distinction in application of this privilege qua adversarial
and investigative
communication made by a client to his lawyer ceases to be a privileged communication and the lawyer can disclose it, for on the principles ... frequently been held that the rule as to privileged communications of attorneys does not apply when litigation arises between attorney and client and when their
those who appear before them. The privilege extends to
all counts, superior and inferior, civil and military. ...........
The privilege extends not merely to Judges ... dered impossible, but a perennial source of litigation would be
opened. Accordingly, on occasions absolutely privileged not
merely are those protected
corresponding interest or duty to receive it such
statement commands a privilege and cannot be made the
basis of an action for defamation ... party to the litigation communicates to the opposite
party of an alleged interference with the course of justice
it is a privilege occasion because
public interest litigation. In his judgment at page 1476 in PUDR's case (supra), the nature and scope of public interest litigation was elaborated ... area of humanity, is a totally different kind of litigation from the ordinary traditional litigation which is essentially of an adversary character where there
Janata Dal vs H.S. Chowdhary And Ors. on 28 August, 1992
Equivalent citations: AIR1993SC892
witness referring to his diary in order to elicit
information which is privileged. The contents of the diary
are not at the disposal ... privilege can he claimed thereof.
Further, the disclosure of the contents of such reports
cannot help any of the parties to the litigation
people at large. Those who are
acquainted with jurisprudence and
enjoy social privilege as men
educated in law owe an obligation to
the community ... observed as
follows :
"public interest litigation cannot be
invoked by a person or body of
persons to satisfy his or its personal
grudge
entitled to protection from suit, and this protection was the absolute privilege accorded in the public interest to those who make statements to the Courts ... institution of what must in many instances be mischievous and speculative litigation. It is not necessary, however, to decide the point finally for the purposes
brief of the Counsel and was considered to be a privileged document. The report in this case was made contemporaneously in course of business ... that case the Doctor prepared a note for the purpose of litigation to show the appellant what evidence he was going to give. But here
