Legal Procedures and Evidence in Court

Key Legal Concepts

Types of Emergencies

• National Emergency
• Financial Emergency
• Financial emergency under different laws
• Union of Ministers' roles

Types of Petitions

• Curative Petition
• Special Leave Petition (SLP): Deals with substantial questions of law
• Review Petition

Admissibility of Evidence

• Duty of council advocate to determine relevance
• Supreme Court rulings on evidence admissibility
• Section 154 of Indian Evidence Act: Hostile Witness
• Telecast and Live Streaming: Impact on legal proceedings

Writ Petitions

• Five types of Writs: One can be issued against private persons

Legal Acts Discussed

• CrPC (Code of Criminal Procedure)
• CPC (Code of Civil Procedure)
• Evidence Act
• Contract Act
• Hindu Minority and Guardianship Act, 1956
  • Natural guardian of minor child is the father
• Special scenario where husband is guardian

Criminal and Civil Procedures

Case Studies and Sections

• Discussion about Section 6 of Hindu Minority and Guardianship Act, 1956
• Importance of Section 457 of CrPC (FIR stages and police custody)
• Limitation Act and its relevance to criminal procedures
  • Sections 468(1) & (2): Limitation periods (e.g., 6 months, 3 years)
• Section 174 CrPC: Regarding women's issues and police involvement

Evidence Collection & Standards

• Confession rules and admissibility
• Properties in criminal cases (e.g. exhibits)
• Importance of Section 451 and Section 452 CrPC regarding property production in court

Judicial and Police Roles

• Chief Judicial Magistrate vs Sub-Division Magistrate
• Roles of Investigation Officers and Intelligence Officers
• Evidence submissions and extensions for investigations

Specific Procedures and Dictations

Documentation and Case Management

• Procedures for special kinds of complaints
• Requirements for uploading FIRs within 24 hours on police websites
• Adverse party rights and witness credibility

Legal Definitions and Presumptions

• Communication made without prejudice: Section 23
• Definitions of shall presume and may presume under Section 113
• Promissory estoppel as an exception in Contract Law

Landmark Cases Discussed

• Salem Bar Association vs Union of India: Civil cases and web publication of FIRs
• Regulations for publishing FIRs and investigation reports

Miscellaneous Topics

• Defamation cases and subsequent actions
• Options available for remedy in various legal scenarios
• Examination processes: Chief Examination, Cross Examination, Re-examination, Leading Questions

Special Witnesses

• Child Witness and Dumb Witness: Capacity considerations
• Differences in witness examination and questioning