HIM NEWS News Letter - Himachal Pradeshhpsja.nic.in/enewsletter9.pdf · HIM NEWS News Letter-Annual...
Transcript of HIM NEWS News Letter - Himachal Pradeshhpsja.nic.in/enewsletter9.pdf · HIM NEWS News Letter-Annual...
HIM NEWS News Letter
Bi-Annual
Volume V, Issue I, 2016
Himachal Pradesh Judicial Academy Curzon House, Boileuganj, Shimla-171005 (H.P.)
(January to June 2016)
Knowledge for justice…
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 2
INDEX
TOPIC # STORY HEADLINES PAGE #
1. Constitution 3-5
2. Mega Events 6-12
3. Three-day Course on ―Court Management, Case Management and
Appreciation of Evidence‖ for the Civil Judges (Sr./Jr. Division) of the
State
12-16
4. Graphic Presentation on the Feedback by Participants about the Course 17-19
5. Three days Course on ―Juvenile Justice, Prevention of Children from
Sexual Offences, Child Labour and Right to Education‖ for the Members of
Child Protection Units and the Members of the Child Welfare Committee
and members of the Juvenile Justice Board.
20-24
6. Graphic Presentation on the Feedback by Participants about the Course 25-27
7. Refresher Training Programme on ―Change Management-Ubuntu-Linux
Operating System and LibreOffice Writer‖
28-29
8. Three-day Course on ―Office Administration and Service Matter‖ for
Superintendents, Readers and Senior Assistants of Subordinate Courts of
Himachal Pradesh
29-31
9. Three-day Course on ―Ubuntu-Linux 14.04 & Libre Office-Writer/Calc
4.2‖ for the Officers/Officials of Hon’ble High Court of Himachal Pradesh
and Subordinate Courts of Himachal Pradesh
32-35
10. Event held from January to June, 2016 35-37
11. Monthwise Events: At a Glance 37
12. Recipientwise Summary 37
13. Graphic Presentation 38
14. Training attended outside Himachal Pradesh Judicial Academy 39
15. Academy’s News 39-42
16. Faculty 43-44
17. Upcoming Events July to December, 2016 44-46
18. Important Judgments of Hon’ble Supreme Court of India 46-53
19. Quotes by Great Men 54
20. Court Room Humor 54
21. Proposed New Complex of Judicial Academy-Progress at a Glance 55-56
22. Himachal Pradesh-At a Glance 56-58
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 3
CCOONNSSTTIITTUUTTIIOONN
PPAATTRROONN OOFF HHIIMMAACCHHAALL PPRRAADDEESSHH JJUUDDIICCIIAALL AACCAADDEEMMYY
Hon’ble Mr. Justice Mansoor Ahmad Mir,
Chief Justice, High Court of Himachal Pradesh
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 4
PRESIDENT OF HIMACHAL PRADESH JUDICIAL ACADEMY
Hon’ble Mr. Justice Rajiv Sharma,
Judge, High Court of Himachal Pradesh
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 5
MEMBERS OF BOARD OF GOVERNORS OF
HIMACHAL PRADESH JUDICIAL ACADEMY
Hon’ble Mr. Justice Sanjay Karol, Judge,High Court of H.P.
Hon’ble Mr. Justice D.C. Chaudhary, Judge, High Court of H.P.
Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge, High Court of H.P.
Mr. Rakesh Kainthla, Secretary,
Director, H.P. Judicial Academy Mr. P.C. Dhiman, I.A.S.
Additional Chief Secretary (Home) to the Government of H.P.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 6
MMEEGGAA EEVVEENNTT::
OOnnee--ddaayy CCoonnffeerreennccee oonn ““GGeennddeerr SSeennssiittiizzaattiioonn””
Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice, High Court of Himachal Pradesh (Hon’ble Patron of the Academy) being escorted to the venue of conference.
Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice, High Court of Himachal Pradesh being honoured by Hon’ble Mr. Justice Rajiv Sharma, Judge, High Court of Himachal Pradesh (Hon’ble President of the Academy) by presenting a bouquet.
Hon’ble Mr. Justice Rajiv Sharma, Judge, High Court of Himachal Pradesh (Hon’ble President of the Academy) being honoured by Sh. Rakesh Kainthla, Director, Himachal Pradesh Judicial Academy, by presenting a bouquet.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 7
Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice, High Court of Himachal Pradesh (Hon’ble Patron of Himachal Pradesh Judicial Academy), Hon’ble Mr. Justice Rajiv Sharma, Judge, High Court of Himachal Pradesh (Hon’ble President of the Academy) and other Hon’ble Judges of High Court of Himachal Pradesh illuminating the lamp of knowledge, in the Inaugural Session.
High Dignitaries, Guests and Participants rising for the National Song
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 8
In ancient times, the women were
treated equal to men in the society. They
were accorded high esteem in the family and
society and were considered key player in
the development and progress of society.
Gradually, the respect accorded to women
eroded and she was objectified. The birth of
the son began to be celebrated, whereas the
birth of a daughter was mourned. The boys
were encouraged to be tough and extrovert
whereas; the girls wereencouraged to be
meek and introvert. Such continued
discouragement led to loss of self-esteem
of women and made her the object of
mental and physical cruelties. Various
social evils targeting women grew fast and
were widely accepted by the society as
normal.
Various social reformers opposedthese evil
practicesand tried to eradicate them. They
also encouraged the education of women to
help them regain their self-esteem and to
restore their lost glory. Various laws were
formulated to help the womento live with
dignity and self-esteem.
Sh. Rakesh Kainthla, Director, H.P. Judicial
Academy, delivering the Welcome Address.
Hon’ble Mr. Justice Rajiv Sharma, Judge, High
Court of H.P. (Hon’ble President of the Academy),
addressing the participants during the Special
Address.
Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief
Justice, High Court of H.P. (Hon’ble Patron of the
Academy), addressing the participants during the
Inaugural Address.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 9
Mere formulation of the lawswas notsufficient,asthe women were not sensitized to come
forward to challenge the age-old stereotypes.
Hence, it has become necessary to organise
various awareness programmes to encourage
the women not to accept the gender
inequality in any of its forms and take
recourse to the laws meant to curb such
inequalities. The biased mind-set of the
others towards the women also needs to be
changed.
High Dignitaries, Guests and Participants during the Inaugural Session
Judges are also born and brought up in the same society and carry the same biases as any
other member of the society. Thus, sensitization of the judges of their roles and goals in
the courts while dealing withthe women as litigants, witnesses, colleagues and supporting
Sh. Hans Raj, Joint Director, H.P. Judicial Academy
delivering the vote of thanks.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 10
staff isindispensable. Inthis backdrop, Himachal Pradesh Judicial Academy in
collaboration with National Commission for Women, New Delhi Organised one-day
Conference on ―Gender Sensitization‖ toenhance the skills and knowledge of judicial
officers, to sensitize them on gender issues and also to apprise them about the laws
relating to the prevention of crimes against women and effective implementation of the
PC&PNDT Act. The conference was attended by 111 Judicial Officers of the State of
Himachal Pradesh, 6 law teachers and 36 students from Himachal Pradesh University
Law Department, Law College of APG University,University Institute of Legal Studies
and RayatBahra University.
The conference was inaugurated by His Lordship, Hon’ble Mr. Justice
Mansoor Ahmad Mir, Hon’ble the Chief Justice, High Court of Himachal Pradesh
(Hon’ble Patron of Himachal Pradesh Judicial Academy). Hon’ble Mr. Justice Rajiv
Sharma, Judge, High Court of Himachal Pradesh (Hon’ble President of Himachal
Pradesh Judicial Academy) delivered the special address.
Hon’ble Mr. Justice Sanjay Karol, Judge, High Court of Himachal Pradesh, chairing the First Session and Hon’ble Ms. Justice Manju Goel, Former Judge of Delhi High Court, addressing the participants.
Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge, High Court of Himachal Pradesh, chairing the Second Session and Hon’ble Mr. Justice Bashir A. Kirmani, Former Judge of Jammu & Kashmir High Court and presently Member of Jammu & Kashmir Accountability Commission, addressing the participants.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 11
Different sessions of the
conference were chaired by Hon’ble
Mr. Justice Sanjay Karol, Hon’ble Mr.
Justice Tarlok Singh Chauhan and
Hon’ble Mr. Justice P.S. Rana, Hon’ble
Judges of High Court of Himachal
Pradesh. Hon’ble Mr. Justice Sureshwar
Thakur, Judge, High Court of Himachal
Pradesh, addressed the participants in
the valedictory session.
Hon’ble Ms. Justice Manju Goel, Former Judge of Delhi High Court, Hon’ble Mr. Justice
Bashir A. Kirmani, Former Judge of Jammu & Kashmir High Court and presently
Member of Jammu & Kashmir Accountability Commission and Dr. V.K. Dixit, Professor
(Retd.), Delhi University being the Resource Persons enlightened the participants on
various topics, viz. PC & PNDT Act vis-à-vis Human Rights & Empowerment of
Women, Role of judiciary in effective
implementation of the PC & PNDT Act,
Laws relating to crimes against Women i.e.
Protection of Women from Domestic
Violence Act, Dowry, Child Marriage,
Rape, Acid Attack etc., Prevention of
Crime Against Women- Role of Judiciary
and Discrimination, Harassment of women
at work place and Rights and Dignity of women at workplace – Constitutional Mandate
and Guidelines by Hon’ble Supreme Court in Vishaka’s case.
Hon’ble Mr. Justice P. S. Rana, Judge, High Court of Himachal Pradesh, chairing the Third Session and Dr. V.K. Dixit, Professor (Retd.), Delhi University, addressing the participants during the Session.
Hon’ble Mr. Justice Sureshwar Thakur, Judge, High Court of Himachal Pradesh, addressing the participants during the Valedictory Session.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 12
TThhrreeee ddaayy ccoouurrssee oonn ““CCoouurrtt MMaannaaggeemmeenntt,, CCaassee MMaannaaggeemmeenntt aanndd
AApppprreecciiaattiioonn ooff EEvviiddeennccee”” ffoorr tthhee CCiivviill JJuuddggeess ((SSrr.. //JJrr.. DDiivviissiioonn)) ooff tthhee SSttaattee..
Three day course on ―Court
Management, Case Management and
Appreciation of Evidence‖ for the Civil
Judges (Sr. /Jr. Division) of the State was
organized w.e.f. from 17.03.2016 to
19.03.2016 by the Academy to equip the
officers with the techniques of court and
case management and to motivate them to
GROUP PHOTOGRAPH
Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice, High Court of Himachal Pradesh (Hon’ble Patron of the Academy), illuminating the lamp of knowledge.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 13
focus on the sensitive issue of the appreciation of evidence.
The course was inaugurated by Hon’ble
Mr. Justice Mansoor Ahmad Mir, Chief
Justice, Hon’ble High Court of H.P.
Speaking on the occasion, his Lordship
called upon the officers to serve the society
in a better manner by consistent
improvement in their performance by hard
work. His Lordship advised the
participating officers to consult the senior
officers and to refer to the
law Journals and books,
whenever guidance is
needed on any point of law
to provide qualitative
justice to the litigants. His
Lordship also
applauded performance of the judicial officers of the State and congratulatedthem
for the same.
The appreciation of evidence is the
heart and soul of the dispensation of
justice delivery system. The lectures
covered theoretical aspect of new
evidence scholarship, use of logic in
the legal reasoning and writing of
judgment and communication skills. A
Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice, High Court of Himachal Pradesh (Hon’ble Patron of the Academy), addressing the participants during the Inaugural Sessions.
Participants during the Inaugural Session
Sh. Rakesh Kainthla, Director, Himachal Pradesh Judicial Academy, addressing the participants during the different Sessions.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 14
series of lectures on the aforesaid topics were delivered by Sh. Rakesh Kainthla,
Director of the Academy.
Efforts were also made to draw the attention of the officers to the need and
benefits of effective Court and Case Management.
Sh. C.B Barowalia, Registrar
General, Hon’ble High Court of H.P
delivered a lecture on court management
and shared his experiences in managing the
court. He also highlighted various effective
and helpful techniques for better court
management.
Sh. Rajeev Bhardwaj, Registrar
Judicial, Hon’ble High court of
Himachal Pradesh shared valuable tips
and techniques of case managements.
He also shared his experiences in
managing the caseloads during his
career. Sh. Hans Raj, Joint Director,
Himachal Pradesh Judicial Academy
shared the studies undertaken at various
levels to tackle the caseloads and manage
the courts effectively. He appealed to the
participating officers to follow the
guidelines formulated in thevarious
studies across the world in this regard.
Sh. C.B. Barowalia, the then Ld. Registrar General, High Court of Himachal Pradesh, addressing the participants during the Session.
Sh. Rajeev Bhardwaj, Registrar Judicial, addressing the participants during the Session.
Sh. Hans Raj, Joint Director, Himachal Pradesh Judicial Academy, addressing the participants during the Session.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 15
Sh. Avinash Chander, Deputy Director of the Academy shared the material
from various studies conducted on the
court management in various countries as
well as in India. He highlighted the
importance of court management in saving
time of the court.
The complex nature of judicial
work,ever-increasing work load and time
constraint often cause stress to the
Judicial Officers, which affects the
efficiency and productivity of the Judicial Officers. With a view to tackle the
stress by proper time management, lectures were delivered on stress and time
management by a renowned Psychologist Dr. S.N Ghosh, Professor H.P
University Shimla.
Leadership qualities and Administrative skills help an officer in not only
properly managing the work assigned to him but also in meeting the expectations
of the society. To sharpen the leadership and administrative qualities of the
Judicial officers; a lecture was delivered by Sh. S.R. Mardi, D.G.P Home Guards,
Shimla.
Sh. Avinash Chander, Deputy Director, Himachal Pradesh Judicial Academy, addressing the participants during the Session.
Dr. S. N. Ghosh, Professor, Himachal Pradesh University, Shimla, addressing the Participants during First Session and Second Session.
Sh. S. R. Mardi, DGP (Home Guard), Himachal Pradesh addressing the participants during the Session.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 16
The lectures delivered in this
three-day course were highly
appreciated by the Judicial Officers
who rated the course highly beneficial
for the discharge of their official
duties.Hon’ble Mr. Justice P.S Rana,
Judge High Court of H.P addressed
the participating Officers at the time
of valediction and appealed them to work with cool mind for the benefit of the
society. His Lordship exhorted the Officers not to succumb to the various
pressures coming across their work and to work hard by properly managing their
time for the larger benefit of the society.
Hon’ble Mr. Justice P. S. Rana, Judge, High Court of
Himachal Pradesh, addressing the participants during the
Valedictory Session.
GROUP PHOTOGRAPH
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 17
GRAPHIC PRESENTATION ON THE FEED BACK BY PARTICIPANTS
ABOUT THE COURSE
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 18
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 19
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 20
TThhrreeee ddaayyss CCoouurrssee oonn ““JJuuvveenniillee JJuussttiiccee,, PPrreevveennttiioonn ooff CChhiillddrreenn ffrroomm SSeexxuuaall
OOffffeenncceess,, CChhiilldd LLaabboouurr aanndd RRiigghhtt ttoo EEdduuccaattiioonn”” ffoorr tthhee MMeemmbbeerrss ooff CChhiilldd
PPrrootteeccttiioonn UUnniittss aanndd tthhee MMeemmbbeerrss ooff tthhee CChhiilldd WWeellffaarree CCoommmmiitttteeee aanndd
mmeemmbbeerrss ooff tthhee JJuuvveenniillee JJuussttiiccee BBooaarrdd..
The children are future of a nation. Only a healthy and happy child can
grow into a responsible adult to contribute in the Nation building.Unfortunately, children
are the most vulnerable class who fall victims to exploitation. Various laws have been
enacted to protect the rights, growth and
safety of the children. The members of the
Juvenile Justice Board, Child welfare
committees and the child protection units
play a vital role in the implementation of the
laws pertaining to the children.
To ensure that these functionaries
perform their duties in consonance with the
spirit of the variouslaws for the betterment of
the children, the Academy organized four
refresher courses on Juvenile Justice, Prevention of Children from Sexual Offences, Child
Labour and Right to Education to update them on the various topicsand to discuss the
common problems faced by them. The first course for the members of Child Protection
Units was organized w.e.f. 09.03.2016 to 11.03.2016. Sh. Rakesh Kainthla, Director, H.P
Judicial Academy deliberated on aims and objectives of training, understanding
childabuse, its forms and myths surrounding
it. Ms. Sushma Vats, Joint Director, women
and child Department H.P Shimla discussed
various child development schemes. Dr. J.N
Barowalia, District & Sessions Judge (Retd.)
dealt with institutional and non-institutional
care under Juvenile Justice (Care & Protection
of children) Act, 2015 and highlighted the
leading judgments of Hon’ble Apex Court in the field. Sh. Hans Raj, Joint Director H.P
Sh. Rakesh Kainthla, Director, Himachal Pradesh Judicial Academy, addressing the participants during different Sessions.
Dr. J. N. Barowalia, District & Sessions Judge (Retd.), addressing the participants during the different Sessions.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 21
Judicial Academy dealt with child friendly manners and sharing of the best practices,
practical field difficulties & evolving practices to meet those challenges, functions,
powers & responsibilities of District Child Protection Unit, holding of enquiries to
identify the child in need of care, ensuring fair, effective and child right centric procedure
and ensuring the participation of child and his parents during enquiries.Dr. S.N Ghosh,
Department of Psychology, H.P University, Shimla delivered a lecture on understanding
child psychology and techniques for communicating with the children. Sh. Avinash
Chander, Deputy Director of the Academy delivered lectures on the Salient features of
the Protection of the Children from Sexual Offences Act, 2012, Right to Education Act,
special issues affecting children, steps towards the rehabilitation of the childin need of
Dr. S. N. Ghosh, Professor, Himachal Pradesh University, Shimla, addressing the Participants during Session.
Mrs. Shushma Vats, Joint Director, Women & Child Department of H.P. addressing the participants during different Sessions.
Sh. Avinash Chander, Deputy Director of the Academy addressing the participants during different Sessions.
Sh. B.L. Soni, District & Sessions Judge(Retd.), addressing the participants during different Sessions.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 22
care and the role of Child Protection Unit in this direction and adoption of child in need
of care and sensitive participation of the
child protection unit in the process. Sh. B.L
Soni, District & Sessions Judge (Retd.)
enlightened the participants on The Child
Labour (Prohibition & Regulation)
Act,1986 and the Prohibition of Child
Marriage Act, 2006. Sh. Partap Singh
Thakur Central Project Coordinator, High
Court of H.P dealt with the Salient features
of Juvenile Justice (Care and Protection of Children) Act, 2015.
RESOURCE PERSONS WHO ADDRESSED THE PARTICIPANTS DURING
THE COURSES
Sh. Partap Singh Thakur, Central Project Coordinator, High Court of H.P., addressing the Participants during First Session and Second Session.
Sh. R. S. Guleria, Deputy Director, Women & Child Development addressed the Participants during Session.
Dr. Sunil Sharma, Psychology Department, H.P. University, Shimla, addressed the Participants during Session.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 23
GROUP PHOTOGRAPHS OF DIFFERENT COURSES
Ms. Kamla Chauhan, Deputy Director, Women & Child Development addressed the Participants during Session.
Mrs. Mamta Paul, CDPO, Shimla (Urban), addressed the participants in a Session.
Sh. R. K. Bhardwaj, District Programme Officer,Shimla, Women & Child Development addressed the Participants during Session.
Dr. Onkar Thakur, Programme Officer (HQ), Women & Child Development addressed the Participants during Session.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 24
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 25
GRAPHIC PRESENTATION ON THE FEED BACK BY PARTICIPANTS
ABOUT THE COURSE
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 26
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 27
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 28
RReeffrreesshheerr TTrraaiinniinngg PPrrooggrraammmmee oonn ““CChhaannggee MMaannaaggeemmeenntt--UUbbuunnttuu--LLiinnuuxx
OOppeerraattiinngg SSyysstteemm aanndd LLiibbrreeOOffffiiccee WWrriitteerr””
Himachal Pradesh Judicial Academy organized a two-day Change
Management- UBUNTU LINUX 14.04 Training Programmes for the Judicial Officers
of the State of Himachal Pradesh on 21st May, 2016 and 22
nd May, 2016, which was
Sh. Rakesh Kainthla, Director, H.P. Judicial Academy addressed the Participants during Session.
Dr. Parvinder Singh Arora, Civil Judge (Sr. Division)-cum-ACJM, Master Trainer addressed the Participants during Session.
Ms. Akshi Sharma, Civil Judge (Jr. Division)-cum-JMIC, Court No. 3, Shimla, Master Trainer, addressed the Participants during Session.
Sh. Rakesh Kainthla, Director, H.P. Judicial Academy addressed the Participants during joint Session.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 29
attended by 14 Judicial Officers. The training was imparted by the Ubuntu-cum-CIS
Master Trainers, Sh. Rakesh Kainthla, Director, Himachal Pradesh Judicial Academy,
Shimla and Dr. Parvinder Singh Arora, Civil Judge (Sr. Division)-cum-JMIC, Court No.
1,Paonta Sahib, District. Sirmour and assisted by Ubuntu Master Trainer Ms. Akshi
Sharma, Civil Judge (Junior Division)-cum-JMIC, Court No. 4, Shimla during the course.
TThhrreeee--ddaayy CCoouurrssee oonn ““OOffffiiccee AAddmmiinniissttrraattiioonn aanndd SSeerrvviiccee MMaatttteerr”” ffoorr
SSuuppeerriinntteennddeennttss,, RReeaaddeerrss aanndd SSeenniioorr AAssssiissttaannttss ooff SSuubboorrddiinnaattee CCoouurrttss ooff
HHiimmaacchhaall PPrraaddeesshh
Himachal Pradesh Judicial Academy organized three Courses on ―Office
Administration and Service Matter‖ for the Superintendents, Readers and Senior
Assistants of Subordinate Courts of Himachal Pradesh during the first half of the year
Participating Judicial Officers during Session.
Sh. Rakesh Kainthla, Director, H.P. Judicial Academy, addressing the participants during Session.
Mrs. Sunita Bhardwaj, Superintendent G-I, O/o the District & Sessions Judge, Shimla, addressing the participants during Session.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 30
2016 attended by 61 participants. Sh. Rakesh Kainthla Director Himachal Pradesh
Judicial Academy delivered lectures on aims and objectives of the training. Sh. Avinash
Chander, Deputy Director delivered lectures on Sexual Harassment of women at work
place (Prevention, Prohibition and Redressal Act, 2013) and the Vishaka guidelines. Sh.
Hitesh Sharma, Officer on Special duty delivered lectures on C.C.S and C.C.A Rules and
departmental enquiries. Besides this, lectures on office procedures and maintenance of
files were also delivered.
Participants during Session.
Sh. Avinash Chander, Deputy Director, H.P.
Judicial Academy, addressing the participants during Session.
Sh. Rajinder Gupta, Sr. Audit Officer (Retd.),
AG, Shimla, addressing the participants during Session.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 31
Sh. M.L. Chouhan, Financial Adviser & Chief Account Officer, HRTC, Shimla, addressing the participants during Session.
Sh. A.R. Sharma, Deputy Controller (F&A) Treasuries (Retired), addressing the participants during Session.
Sh. Hitesh Sharma, OSD, addressing the participants during Session.
Participants during Session.
Participants during Session.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 32
TThhrreeee--ddaayy CCoouurrssee oonn ““UUbbuunnttuu--LLiinnuuxx 1144..0044 && LLiibbrreeOOffffiiccee--WWrriitteerr//CCaallcc 44..22””
ffoorr tthhee OOffffiicceerrss//OOffffiicciiaallss ooff HHoonn’’bbllee HHiigghh CCoouurrtt ooff HHiimmaacchhaall PPrraaddeesshh aanndd
SSuubboorrddiinnaattee CCoouurrttss ooff HHiimmaacchhaall PPrraaddeesshh
Himachal Pradesh Judicial Academy organized six Courses on ―Ubuntu-Linux:
14.04 & LibreOffice-Writer/Calc 4.2‖ for the Officers and Officials of Hon’ble High
Court of Himachal Pradesh and 74 participants attended these courses.
Besides this, the Academy also organized eight Courses on ―Ubuntu-Linux: 14.04
& LibreOffice-Writer/Calc 4.2‖ for the ministerial staff of Subordinate Courts of
Himachal Pradesh and these were attended by 120 participants.
Himachal Pradesh Judicial Academy has organized total 24 courses including one-
day conference on ―Gender Sensitization‖ during the first half of the year 2016, out of
which 58% i.e. 14 courses on ―Ubuntu-Linux: 14.04 & LibreOffice-Writer/Calc 4.2‖
were organized for the ministerial staff of the State Judiciary. The participants were
apprisedof latest tools and techniques of every day environment. Sh. Rakesh Kainthla,
Director, Himachal Pradesh Judicial Academy emphasized on updation of cases on CIS
and apprised the participants of the importance of updated information of cases in the
public domain.
Sh. Rakesh Kainthla, Director, H.P. Judicial Academy, addressing the participants during Session.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 33
Group Photograph
Sh. Hans Raj, Joint Director, H.P. Judicial Academy, awarding certificates of participation to the participants at the end of the Course.
.
Sh. Rakesh Kainthla, Director, H.P. Judicial Academy, awarding certificates of participation to the participants at the end of the Course.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 34
Sh. Rakesh Kainthla, Director, H.P. Judicial
Academy, addressing the participants during Session.
Participants during Session.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 35
EVENTS HELD FROM JANUARY TO JUNE, 2016
Month Events No. of
Events Participants
January, 2016
Three-Days Training Programme on “Ubuntu-
Linux 14.04 & LibreOffice-Writer/Calc 4.2” for the Officers/Officials of Hon’ble High Court
of H.P.
3 41
February, 2016
Three-Days Training Programme on “Ubuntu-
Linux 14.04 & LibreOffice-Writer/Calc 4.2” for the Officers/Officials of Hon’ble High Court
of H.P.
3 33
One day Conference on Gender Sensitization
for Judicial Officers of H.P.Note:- Participants:
Judicial Officers: 111, Law Teacher: 6, Law
Students: 36, Total Participants= 153
1 153
Three-Days Training Programme on “Ubuntu-
Linux 14.04 & LibreOffice-Writer/Calc
4.2”for the Ministerial Staff of Subordinate
2 30
Sh. Rakesh Kainthla, Director, H.P. Judicial Academy, addressing the participants during Session.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 36
March, 2016 Judiciary of Himachal Pradesh.
Three days Course on “Juvenile Justice,
Prevention of Children from Sexual Offences,
Child Labour and Right to Education” for the
Members of Child Protection Units.
1 20
Three-day Courses on “Court Management,
Case Management and Appreciation of
Evidence” for the Civil Judges (Senior & Junior
Divisions)
1 24
April, 2016
Three-day Training Programme on “Ubuntu-
Linux 14.04 & LibreOffice-Writer/Calc 4.2” for the Ministerial Staff of Subordinate Judiciary
of Himachal Pradesh.
2 30
Three-days Course on “Office Administration
and Service Matter” for Superintendents,
Readers and Senior Assistants of Subordinate
Courts of H.P.
1 20
Three-day Course on “Juvenile Justice,
Protection of Children from Sexual Offences,
Child Labour and Right to Education” for the
Members of Child Welfare Committee
1 20
May, 2016
Three-day Course on “Juvenile Justice,
Protection of Children from Sexual Offences,
Child Labour and Right to Education” for the
Members of Child Welfare Committee
2 31
Three-day Training Programme on “Ubuntu-
Linux 14.04 & LibreOffice-Writer/Calc 4.2” for the Ministerial Staff of Subordinate Judiciary
of Himachal Pradesh.
2 30
Change Management – Ubuntu-Linux 14.04
Training Programmefor the Judicial Officers 1 14
Three-days Course on “Office Administration
and Service Matter” for Superintendents,
Readers and Senior Assistants of Subordinate
Courts of H.P.
1 19
June, 2016
Three-day Training Programme on “Ubuntu-
Linux 14.04 & LibreOffice-Writer/Calc 4.2” for the Ministerial Staff of Subordinate Judiciary
of Himachal Pradesh.
2 30
Three-days Course on “Office Administration
and Service Matter” for Superintendents,
Readers and Senior Assistants of Subordinate
1 22
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 37
Courts of H.P.
Two-day Training Programme on CIS 2.0
Application Software for System
Administrators and Technical Manpower of
the Subordinate Judiciary
1 13
25 530
MONTHWISE EVENTS: At a Glance
Month No. of Events Recipients
January 3 41
February 4 186
March 4 74
April 4 70
May 6 94
June 4 65
Total 25 530
RECIPIENTWISE SUMMARY
Recipients
No. of Events Participants
Judicial Officers 3 191
Court Staff 18 268
Other 4 71
Total 25 530
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 38
GRAPHIC PRESENTATION
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 39
TRAINING ATTENDED OUTSIDE H.P. JUDICIAL ACADEMY
The Judicial Officers are also being nominated to attend training programmes /
Conferences/ workshops at the National Judicial Academy, Bhopal, LNJN, NICFS, Delhi,
etc. from time to time. During the period from January to June 2016, the Academy has
nominated the Judicial Officers as under:
S.No Name of the Academy where
training attended
No. of trainings
for which the
Officers
nominated
No. of Officers
attended the
trainings
1 National Judicial Academy,
Bhopal. 13 17
2 LNJN (NICFS), New Delhi. 16 16
3 Other Judicial Academies /
Institutions 4 18
Total 33 51
ACADEMY’S NEWS:
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HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 40
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ffaaccuullttyy ooff tthhee AAccaaddeemmyy..
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HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 41
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HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 42
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HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 43
FACULTY
The following Faculty Members addressed the participants in the
trainings/workshops organized by the judicial academy during the first half of year, 2016:
Sh. C. B. Barowalia, (the then
Registrar General, High Court of H.P.)
and now Judge, Hon’ble High Court
of H.P
Mrs. Shushma Vats, Joint Director,
Women & Child Department, H.P., Shimla.
Sh. Rajeev Bhardwaj,(the then
Registrar (Judicial), High Court of
H.P.) and now Registrar General
Hon’ble High Court of H.P
Sh. R. S. Guleria, Deputy Director-I,
Women & Child Development, Shimla
Sh. Rakesh Kainthla, Director,
Himachal Pradesh Judicial Academy,
Shimla-05
Ms. Kamla Chauhan, Deputy Director-II,
Women & Child Development, Shimla.
Sh. Hans Raj, Joint Director,
Himachal Pradesh Judicial Academy,
Shimla-05
Sh. M.L. Chouhan
Financial Advisor & Chief Account Officer,
Head Office, H.R.T.C., Shimla
Sh. Avinash Chander, Deputy
Director, Himachal Pradesh Judicial
Academy, Shimla-05
Sh. Hitesh Sharma,
OSD, Himachal Pradesh Judicial Academy
Sh. Partap Singh Thakur,
Central Project Coordinator,
High Court of H.P., Shimla
Sh. Pawan Kumar,
Systems Analyst,
Himachal Pradesh Judicial Academy
Dr. Parvinder Singh Arora, Civil Judge
(Sr. Division)-cum-JMIC, Court No. 1,
Paonta Sahib, District. Sirmour.
Mrs. Sunita Verma,
Superintendent G-I
O/O The District & Sessions Judge, Shimla
Ms. Akshi Sharma,
Civil Judge (Junior Division)-cum-JMIC,
Sh. G.K. Sharma, Programme Manager
Women & Child Department, H.P., Shimla
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 44
Court No. 4, Shimla
Sh. S.R. Mardi, DGP (Home Guard),
Himachal Pradesh
Sh. R.K. Bhardwaj, District Programme Officer,
Women & Child Development, Shimla
Dr. J.N. Barowalia,
District & Sessions Judge (Retired).
Dr. Onkar Thakur, Programme Officer (HQ),
Women & Child Development, H.P
Sh. B.L. Soni,
District & Sessions Judge (Retired)
Mrs. Mamta Paul, CDPO, Shimla (Urban).
Dr. Sunil Sharma,
Psychology Department,
H.P. University, Summer Hill, Shimla-5
Sh. A.R. Sharma,
Deputy Controller (F&A) Treasuries
(Retired)
Dr. Usha Bende,
(Former Fellow, Indian Institute of
Advance Study), Lower Kaithu,
Shimla.
Sh. Rajinder Gupta,
Sr. Audit officer (Retd.), AG, Shimla.
Dr. S. N. Ghosh,
Professor, H.P. University, Shimla.
Sh. Rati Ram, Superintendent,
Home (F), H.P. Secretariat, Shimla-2.
UPCOMINGEVENTSJULY TO DECEMBER, 2016*
Month Events No. of Events
July 2016
Two-day Training Programme on CIS 2.0
Application Software for System
Administrators and Technical Manpower of the
Subordinate Judiciary
2
Three-Days Training Programme on “Ubuntu-
Linux 14.04 & LibreOffice-Writer/Calc 4.2” for
the Ministerial Staff of Subordinate Judiciary of
Himachal Pradesh.
2
Three-days course on “Court Management and
Appreciation association of Evidence” for the
Civil Judges (Senior & JuniorDivisions) 2
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 45
One day Conference on “Mediation” for the
Judicial Officers of the State of Himachal Pradesh.. 1
August, 2016
Three-day Courses on “Court Management, Case
Management, Land Acquisition Act, Motor
Vehicle Act, the Scheduled Castes and
Scheduled Tribes (POA) Act” for District Judges
and Additional District Judges
1
Three days Course on “Office Administration and
Service Matter” for Superintendents, Readers and
Senior Assistants of Subordinate Courts of H.P. 1
Two-day Training Programme on CIS 2.0
Application Software for System
Administrators and Technical Manpower of the
Subordinate Judiciary
2
Three-Days Training Programme on “Ubuntu-
Linux 14.04 & LibreOffice-Writer/Calc 4.2” for
the Ministerial Staff of Subordinate Judiciary of
Himachal Pradesh.
2
September, 2016
Three-day Courses on “Court Management, Case
Management, Land Acquisition Act, Motor
Vehicle Act, the Scheduled Castes and
Scheduled Tribes (POA) Act” for District Judges
and Additional District Judges
1
Three days Course on “Office Procedure and
Fundamental Legal Concepts” for the Civil
Judges (Senior and Junior Division).
1
Three days Course on “Office Administration
and Service Matter” for Superintendents, Readers
and Senior Assistants of Subordinate Courts of
H.P.
1
Two-day Training Programme on CIS 2.0
Application Software for System
Administrators and Technical Manpower of the
Subordinate Judiciary
1
Three-Days Training Programme on “Ubuntu-
Linux 14.04 & LibreOffice-Writer/Calc 4.2” for
the Ministerial Staff of Subordinate Judiciary of
Himachal Pradesh.
3
October, 2016
Three days Course on “Office Procedure and
Fundamental Legal Concepts” for the Civil
Judges (Senior and Junior Division).
1
Three-Days Training Programme on “Ubuntu-
Linux 14.04 & LibreOffice-Writer/Calc 4.2” for
the Ministerial Staff of Subordinate Judiciary of
Himachal Pradesh.
2
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 46
November, 2016
Three days Course on “Office Procedure and
Fundamental Legal Concepts” for the Civil
Judges (Senior and Junior Division).
1
Three-Days Training Programme on “Ubuntu-
Linux 14.04 & LibreOffice-Writer/Calc 4.2” for
the Ministerial Staff of Subordinate Judiciary of
Himachal Pradesh.
3
December, 2016
Three days Course on “Office Procedure and
Fundamental Legal Concepts” for the Civil
Judges (Senior and Junior Division).
1
Three-Days Training Programme on “Ubuntu-
Linux 14.04 & LibreOffice-Writer/Calc 4.2” for
the Ministerial Staff of Subordinate Judiciary of
Himachal Pradesh.
4
32 ** This training Calendar is tentative and many more training programmes are likely to be
added in the same with the prior approval of the Competent Authority from time to time.
In Criminal Appeal No. 2099 of 2008 titled Darshan Singh Appellant vs. State
of Punjab Respondent decided on January 6, 2016 the Hon’ble Apex Court had
the occasion to deal with the plea of alibi. Explaining the plea it was observed by
the Hon’ble Court:
―The word alibi means ―elsewhere‖. The plea of alibi is not one of the
General Exceptions contained in Chapter IV of IPC. It is a rule ofevidence
recognized under Section 11 of the Evidence Act. However, plea of alibi
taken by the defence is required to be proved only after prosecution has
proved its case against the accused. In the present case said condition was
fulfilled.‖
Hon’ble Supreme Court of India in Civil Appeal Nos. 823-854 of 2016 decided
on 4th
February 2016 titled Kerala Public Service Commission &Ors vs. The
State Information Commissioner &Anr. With Civil Appeal No. 855 of 2016
titled Public Service Commission U.P Vs. Raghvendra Singh had the occasion
IMPORTANT JUDGMENTS OF HON’BLE SUPREME COURT OF INDIA
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 47
to examine the question as to whether information with respect to the names of the
examiners who had evaluated the answer sheets can be supplied under the Right to
Information Act. Explaining the situation, the Hon’ble Court was pleased to
observe as under:-
10. In the present case the request of the information seeker about the
information of his answer sheets and details of the interview marks can be
and should be provided to him. It is not something which a public authority
keeps it under a fiduciary capacity. Even disclosing the marks and the
answer sheets to the candidates will ensure that the candidates have been
given marks according to their performance in the exam. This practice will
ensure a fair play in this competitive environment, where candidate puts
his time in preparing for the competitive exams, but, the request of the
information seeker about the details of the person who had
examined/checked the paper cannot and shall not be provided to the
information seeker as the relationship between the public authority i.e.
Service Commission and the Examiners is totally within fiduciary
relationship. The Commission has reposed trust on the examiners that
they will check the exam papers with utmost care, honesty and
impartially and, similarly, the Examiners have faith that they will not be
facing any unfortunate consequences for doing their job properly. If we
allow disclosing name of the examiners in every exam, the unsuccessful
candidates may try to take revenge from the examiners for doing their
job properly. This may, further, create a situation where the potential
candidates in the next similar exam, especially in the same state or in
the same level will try to contact the disclosed examiners for any
potential gain by illegal means in the potential exam.
The Hon’ble Supreme Court of India in writ petition (Civil) No. 406 of 2013
titled Re inhuman condition in 1382 prisons was pleased issue following
directions on 5th
February 2016:-
56. The sum and substance of the aforesaid discussion is that prisoners,
like all human beings, deserve to be treated with dignity. To give effect to
this, some positive directions need to be issued by this Court and these are
as follows:
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 48
The Under Trial Review Committee in every district should meet
every quarter and the first such meeting should take place on or before
31stMarch, 2016. The Secretary of the District Legal Services Committee
should attend each meeting of the Under Trial Review Committee and
follow up the discussions with appropriate steps for the release of under
trial prisoners and convicts who have undergone their sentence or are
entitled to release because of remission granted to them. The Under Trial
Review Committee should specifically look into aspects pertaining to
effective implementation of Section 436 of the Cr.P.C. and Section 436A of
the Cr.P.C. so that under trial prisoners are released at the earliest and
those who cannot furnish bail bonds due to their poverty are not subjected
to incarceration only for that reason. The Under Trial Review Committee
will also look into issue of implementation of the Probation of
Offenders Act, 1958 particularly with regard to first time offenders so
that they have a chance of being restored and rehabilitated in society. The
Member Secretary of the State Legal Services Authority of every State
will ensure, in coordination with the Secretary of the District Legal
Services Committee in every district, that an adequate number of
competent lawyers are empanelled to assist under trial prisoners and
convicts, particularly the poor and indigent, and that legal aid for the poor
does not become poor legal aid. The Secretary of the District Legal
Services Committee will also look into the issue of the release of under
trial prisoners in compoundable offences, the effort being to effectively
explore the possibility of compounding offences rather than requiring a
trial to take place. The Director General of Police/Inspector General of
Police in-charge of prisons should ensure that there is proper and
effective utilization of available funds so that the living conditions of
the prisoners is commensurate with human dignity. This also includes the
issue of their health, hygiene, food, clothing, rehabilitation etc. The
Ministry of Home Affairs will ensure that the Management Information
System is in place at the earliest in all the Central and District Jails as well
as jails for women so that there is better and effective management of the
prison and prisoners. The Ministry of Home Affairs will conduct an
annual review of the implementation of the Model Prison Manual 2016
for which considerable efforts have been made not only by senior officers
of the Ministry of Home Affairs but also persons from civil society. The
Model Prison Manual 2016 should not be reduced to yet another
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 49
document that might be reviewed only decades later, if at all. The
annual review will also take into consideration the need, if any, of making
changes therein. The Under Trial Review Committee will also look into the
issues raised in the Model Prison Manual 2016 including regular jail visits
as suggested in the said Manual. We direct accordingly.
57. A word about the Model Prison Manual is necessary. It is a detailed
document consisting of as many as 32 chapters that deal with a variety of
issues including custodial management, medical care, education of
prisoners, vocational training and skill development programmes, legal aid,
welfare of prisoners, after care and rehabilitation, Board of Visitors,
prison computerization and so on and so forth. It is a composite document
that needs to be implemented with due seriousness and dispatch.
58. Taking a cue from the efforts of the Ministry of Home Affairs in
preparing the Model Prison Manual, it appears advisable and necessary
to ensure that a similar manual is prepared in respect of juveniles who are
in custody either in Observation Homes or Special Homes or Places of
Safety in terms of the Juvenile Justice (Care and Protection of Children)
Act, 2015.
59. Accordingly, we issue notice to the Secretary, Ministry of Women
and Child Development, Government of India, returnable on 14th March,
2016.The purpose of issuance of notice to the said Ministry is to require
a manual to be prepared by the said Ministry that will take into
consideration the living conditions and other issues pertaining to
juveniles who are in Observation Homes or Special Homes or Places of
Safety in terms of the Juvenile Justice (Care and Protection of Children)
Act,2015.
60. The remaining issues raised before us particularly those relating to
unnatural deaths in jails, inadequacy of staff and training of staff will be
considered on the next date of hearing.
In Criminal Appeal No. 9-10 of 2016 titled as Prem SagarManocha
Appellant(s) vs. State (NCT of Delhi) Respondent (s) decided on January 6,
2016, the Apex Court had the occasion to deal with the provision contained in
section 340 Cr.P.C with respect to the position of an expert. It was observed by the
Hon’ble court:
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 50
Expert evidence needs to be given a closer scrutiny and requires a
different approach while initiating proceedings under Section 340 of
CrPC. After all, it is an opinion given by an expert and a professional and
that too especially when the expert himself has lodged a caveat regarding
his inability to form a definite opinion without the required material. The
duty of an expert is to furnish the court his opinion and the reasons for his
opinion along with all the materials. It is for the court thereafter to see
whether the basis of the opinion is correct and proper and then formits own
conclusion. But, that is not the case in respect of a witness of facts. Facts
are facts and they remain and have to remain as such forever.The witness of
facts does not give his opinion on facts; but presents the facts as such.
However, the expert gives an opinion on what he has tested or on what has
been subjected to any process of scrutiny. The inference drawn thereafter is
still an opinion based on his knowledge. In case, subsequently, he comes
across some authentic material which may suggest a different opinion, he
must address the same, lest he should be branded as intellectually
dishonest. Objective approach and openness to truth actually form the basis
of any expert opinion.
It was further held:-
Hence, merely because an expert has tendered an opinion while also
furnishing the basis of the opinion and that too without being conclusive
and definite, it cannot be said that he has committed perjury so as to help
somebody. And, mere rejection of the expert evidence by itself may not also
warrant initiation of proceedings under Section 340 of CrPC.
In Criminal Appeal No. 1592-1593 of 2015 titled UsmanganiAdambhaiVahora
Appellant vs. State of Gujarat &Anr. Respondents,decided on 08.01.2016,the
Hon’ble Apex Court had the occasion to deal with the sensitive issue pertaining to
transfer of the case from trial court to another trial court on the application of the
accused leveling allegations against the Presiding judge. While deprecating the
practice of recusal from the hearing of the case by the Judge, the Hon’ble Court
was pleased to guide the trial judges as under:-
…Solely because an accused has filed an application for transfer, he is not
required to express his disinclination. He is required under law to do his
duty. He has to perform his duty and not to succumb to the pressure put by
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 51
the accused by making callous allegations. He is not expected to show
unnecessary sensitivity to such allegations and recuse himself from the
case. If this can be the foundation to transfer a case, it will bring anarchy
in the adjudicatory process. The unscrupulous litigants will indulge
themselves in court haunting. If they are allowed such room, they do not
have to face the trial before a court in which they do not feel comfortable.
The High Court has gravely erred in this regard. So far as the non-
examination of the witnesses is concerned, as the factual score would
uncertain, the matter had travelled to the High Court in revision
assailing the order passed under Section 319 CrPC. Be that as it may,
the High Court has not adverted to the issue who was seeking
adjournment and what was the role of the learned trial judge. Grant of
adjournment could have been dealt with by the High Court in a different
manner. It has to be borne in mind that a judge who discharges his duty is
bound to commit errors. The same have to be rectified. The accused has
never moved the superior court seeking its intervention for speedy trial. The
High Court has innovated a new kind of approach to transfer the case. The
High Court should have kept in view the principles stated in K.P. Tiwari v.
State of M.P.[6] which are to the following effect:-
―… It has also to be remembered that the lower judicial officers
mostly work under a charged atmosphere and are constantly under
a psychological pressure with all the contestants and their lawyers
almost breathing down their necks—more correctly up to their
nostrils. They do not have the benefit of a detached atmosphere of
the higher courts to think coolly and decide patiently. Every error,
however gross it may look, should not, therefore, be attributed to
improper motive.‖…….
The Hon’ble Apex Court in Criminal Appeal No. 182 of 2016 titled State of M.P Vs.
Udaibhan along with Criminal Appeal No. Criminal Appeal No. 183 of 2016 titled
State of M.P Vs. Hakim Singh &Ors. decided on 1st March 2016 while stressing the
need of imposition of just sentence, was pleased to hold as under:-
--- The law on the principles governing proper sentencing has been
elaborated by this Court in large number of cases. It is the duty of the
Court awarding sentence to ensure justice to both the parties and
therefore undue leniency in awarding sentence needs to be avoided
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 52
because it does not have the necessary effect of being a deterrent for the
accused and does not re-assure the society that the offender has been
properly dealt with. It is not a very healthy situation to leave the injured
and complainant side thoroughly dissatisfied with a very lenient
punishment to the accused. In the present case the order of punishment
imposed by the High Court suffers from the vice of being over-lenient
even in absence of any mitigating circumstance--.
In Civil Appeal No. 2308 & 2309 titled Vijay Prakash Jararth vs. Tej Prakash
Jairath decided on 1st March 2016, Hon’ble Apex Court had the occasion to deal
with the question as to at what stage the counter-claim could be filed in a civil suit.
The Hon’ble Court was pleased to observe as under:-
It is quite apparent from the factual position noticed hereinabove, that after
the issues were framed on 18.10.1993, the counter claim was filed by the
appellants before this Court (i.e. by defendant Nos.3 and 4before the trial
court) almost two and a half years after the framing of the issues. Having
given our thoughtful consideration to the provisions relating to the filing of
counter claim, we are satisfied, that there was no justification whatsoever for
the High Court to have declined, the appellant before this Court from filing
his counter claim on 17.06.1996,specially because, it is not a matter of
dispute, that the cause of action, on the basis of which the counter claim was
filed by defendant Nos.3 and 4,accrued before their written statement was
filed on 11.11.1992. In the present case, the respondent-plaintiff's evidence
was still being recordedby the trial court, when the counter-claim was filed. It
has also not been shown to us that any prejudice would be caused to the
respondent-plaintiff before the trial court, if the counter-claim was to be
adjudicated upon, along with the main suit. We are of the view, that no serious
injustice or irreparable loss (as expressed in paragraph 15 of Bollepanda
P.Pooncha'scase), would be suffered by the respondent-plaintiff in this case.
In criminal Appeal No. 462 of 2016 titled Rambraksh @ Jalim appellant versus
State of Chhattisgarh,Respondent decided on 12 May 2016 the question before the
Hon’ble Apex Court arose as to when the conviction could be sustained on the last
seen theory. The Hon’ble Court was pleased to observe as under:-
It is trite law that a conviction cannot be recorded against the accused merely
on the ground that the accused was last seen with the deceased. In other
words, a conviction cannot be based on the only circumstance of last seen
together. Normally, last seen theory comes into play where the time gap,
between the point of time when the accused and the deceased were seen last
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 53
alive and when the deceased is found dead, is so small that possibility
of any person other than the accused being the perpetrator of the crime
becomes impossible. To record a conviction, the last seen together itself would
not be sufficient and the prosecution has to complete the chain of
circumstances to bring home the guilt of the accused.
In Civil Appeal No. 3486 OF 2016 titled Narayan appellant versus
Babasaheb&Ors respondents decided on 5th April 2016, the question before
the Hon’ble Apex Court arose as to the period of limitation to file a suit for
setting aside the transfer of immovable property made by the guardian and
consequently, a suit for possession to avoid the transfer by the guardian
in violation of Section 8(2) of the 1956 Act? The Hon’ble Court was pleased to
observe as under:-
26. A close analysis of the language of Article 60 would indicate that it applies
to Suits by a minor who has attained majority and further by his legal
representatives when he dies after attaining majority or from the death of
the minor. The broad spectrum of the nature of the Suit is for setting aside
the transfer of immovable property made by the guardian and consequently, a
Suit for possession by avoiding the transfer by the guardian in violation of
Section 8(2) of the 1956 Act. In essence, it is nothing more than seeking to set
aside the transfer and grant consequential relief of possession.
27. There cannot be any doubt that a Suit by quondam minor to set aside the
alienation of his property by his guardian is governed by Article 60. To impeach
the transfer of immovable property by the Guardian, the minor must file the
Suit within the prescribed period of three years after attaining majority.
28. The Limitation Act neither confers a right nor an obligation to file a Suit, if
no such right exists under the substantive law. It only provides a period of
limitation for filing the Suit.
29. Hence, we are of the considered opinion that a quondam minor
plaintiff challenging the transfer of an immovable property made by his
guardian in contravention of Section 8(1)(2) of the 1956 Act and who seeks
possession of property can file the Suit only within the limitation
prescribed under Article 60 of the Act and Articles 109, 110 or 113 of the Act
are not applicable to the facts of the case.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
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Quotes by Great men
Injustice anywhere is a threat to justice everywhere.
-Martin Luther King, Jr.
Nothing is to be preferred before justice.
-Socrates
The virtue of justice consists in moderation, as regulated by wisdom.
-Aristotle
There is a higher court than courts of justice and that is the court of conscience. It
supersedes all other courts.
-Mahatma Gandhi
A vow is a purely religious act, which cannot be taken in a fit of passion. It can be
taken only with a mind purified and composed and with God as witness.
-Mahatma Gandhi
Court Room Humor
Lawyer: And where was the location of the accident?
Witness: Approximately junction 23 on the MI.
Lawyer: And where is junction 23?
Witness: Probably between junction 22 & 24.
Lawyer: Are you qualified to give urine sample?
Witness: Yes, I have been since early childhood.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 55
PROPOSED NEW COMPLEX OF JUDICIAL ACADEMY- Progress at a Glance
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
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Indoor
HHIIMMAACCHHAALL PPRRAADDEESSHH- At a Glance
The nature has blessed Shimla, the capital
of the beautiful Hill State, with all the
natural bounties, which one can imagine.
The Town is surrounded by the green
hilltops and snow covered peaks. The
Town has a fascinating airport situated on
the hilltop known as Jubberhatti. The aerial
view of the airport and lush green hills is an
unforgettable experience.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
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Himachal Pradesh is well known for
its tourist spots. Hatu peak, 8 km away
from Narkanda is a beautiful place.
The road leading to this peak is
surrounded by pine and spruce trees
and the peak offers a fabulous view of
the entire Himalayan ranges, snow
covered mountains, thick forests,
green fields and apple orchards. It
appears that we have arrived above the
sky level keeping the clouds beneath us.
Himachal is known as land of Gods
(Dev Bhumi). Fairs and festivals
are part and parcel of our rich
culture. This small Hill State has
the privilege of hosting various
international fairs and festivals.
Shivrarti fair of Mandi is also a fair
of international acclaim. The
cultural exhibition of the fair attracts everyone and each when several traditional musical
instruments are played in the
processions making everyone
to dance in rhythm.
Paragpur, a small village of
District Kangra, H.P founded
in the 16th century was
declared as the country’s first
heritage village in December
1997, as the locals have kept
its cultural heritage intact.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
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Many places like shops, streets, water bodies and houses etc. tell about the ancient glory
of the village, which has remained unchanged.
Himachal literally means in the
―lap of the snow‖. The State
dwells in villages and every
village has its own independent
identity. The villagers have
developed adaptability to the
peculiar climatic conditions.
During snowfall, the villages
come under snow covers and it
appears that a beautiful bride has
been decorated in white attire.
The Suketi Fossil Park is famous as Asia’s oldest fossil Park, which is located on the left
bank of Markanda River in
District Sirmaur of H.P.
Fossils and skeletons of pre-
historic animals were
unearthed from this very
location. The Park was built
by the Geological Survey of
India. The other major
attraction is the Museum,
which contains various fossils, models, charts and paintings depicting various aspects of
the plants and animal life of the past and present in Shivalik range.
HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016
Page No 59
Shri Rakesh Kainthla
Director
HIMACHAL PRADESH JUDICIAL ACADEMY
Curzon House, Boileauganj, Shimla – 171005 (H.P.)
e-Mail: [email protected], Web: http://hpsja.nic.in
Tel. 0177-2831602, Fax. 0177-2831602