Evidence Act, 1872, Section 126 -- Professional communications - Right of advocate not to disclose - When parties having a common interest engage a common lawyer and discuss matter common to both, that communication is not privileged between the two persons but they are clearly privileged from disclosure at the instance of a third party...........
Criminal Procedure Code, 1973, Section 126(2) -- Service of summons by registered post on the opposite party - Proceeded ex parte on refusal to accept service - Exparte order passed - Limitation of three months applies only when respondent is duly served - Held, as the opposite party cannot be served with summons by registered post as such provision regarding limitation is..........
Criminal Procedure Code, 1973, Section 126(1)(b), 125 -- Mother-Maintenance application - Jurisdiction - `Father & Mother' not appearing in S.126(1) - When Code is silent general principle should apply - Held, Mother can file maintenance application in the district where she resides...........
Criminal Procedure Code, 1973, Section 126 -- Proviso - Maintenance petition - Ex-parte - Duty of Magistrate - Satisfaction of Magistrate as to wilful disobedience of service or wilful negligence in attending Court is essential...........
Criminal Procedure Code, 1973, Section 126 -- Proviso - Wilful negligence - Presumption - Wilful avoidance of Court invites a concept of some persistent conduct - Adjournment sought on ground of illness without support of medical certificate - By itself does not amount to wilful avoidance of Court - Ex-parte order for maintenance is quashed...........
Criminal Procedure Code, 1973, Section 126 -- Ex-parte order - Setting aside Cannot be rejected on ground that quantum of maintenance is enhanced by revisional Court - Held, Magistrate failed to exercise jurisdiction - Restoration allowed, but subject to costs...........
Criminal Procedure Code, 1973, Section 126 -- Jurisdiction - Maintenance petition filed at place V - objection taken that petition should have filed at place K where both petitioner and respondents are residing - Courts at place V & K falling in the same district - Held, that court at place V has jurisdiction to try the petition...........
Criminal Procedure Code, 1973, Section 126 -- District - Meaning...........
Criminal Procedure Code, 1973, Section 126(2) -- Proviso - Maintenance petition - Exparte order - No specific order that the petitioner was wilfully avoiding service of notice or wilfully avoiding service of notice or wilfully neglecting to attend the Court - Held, exparte order is illegal and without jurisdiction...........
Criminal Procedure Code, 1973, Section 126(2) -- Proviso - Ex parte maintenance order - Setting aside - Limitation - Starting point - Limitation to be computed from the date of order and not from the date of knowledge of the order - Amendment to the proviso suggested in view of the divergent opinions of different High Courts...........
