REFRESHER TRAINING FOR THE CIVIL JUDGES …mja.gov.in/Site/Upload/GR/Booklet-cum-datasheet JMFC 2010...

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REFRESHER TRAINING FOR THE CIVIL JUDGES JUNIOR DIVISION (2010-BATCH) FROM 13 TO 26 MARCH, 2015 Two-Weeks Refresher Training Course was conducted for the following Civil Judges Junior Division and Judicial Magistrate First Class of 2010 batch from 13 to 26 March, 2015. 30 Judges attended the Training. Their details are given hereinafter. Previously, they had undergone the Induction Training at the Academy. 1 Group Photo

Transcript of REFRESHER TRAINING FOR THE CIVIL JUDGES …mja.gov.in/Site/Upload/GR/Booklet-cum-datasheet JMFC 2010...

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REFRESHER TRAINING FOR THE CIVIL JUDGES JUNIOR DIVISION (2010-BATCH)

FROM 13 TO 26 MARCH, 2015

Two-Weeks Refresher Training Course was conducted for the

following Civil Judges Junior Division and Judicial Magistrate First Class of 2010

batch from 13 to 26 March, 2015. 30 Judges attended the Training. Their details

are given hereinafter. Previously, they had undergone the Induction Training at

the Academy.

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Group Photo

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Mrs. G. Pratibhadevi, Deputy Director, Andhra Pradesh Judicial Academy

Shri Atul M. Kurhekar, Judge, City Civil Court, Mumbai

Cultural ProgrammeOpen Discussion

Cultural Programme Cultural Programme

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SUBJECTS FOR THE TRAINING

1) Constitutional provisions and Cr.P.C. w.r.t. arrest, custody, remand & Legal Aid.

2) Procedural Law & Basic of CPC.

3) Medical Jurisprudence.

4) Investigation, remand & bail.

5) Child Psychology & Delinquent Crimes.

6) Challenges in Trials.

7) Child friendly approach in the adjudication and disposition of matters & role of Probation Officer.

8) Convention on Rights of the Child & Juvenile Justice Bill, 2014.

9) Important provisions from Juvenile Justice Act & Maharashtra Juvenile Justice Rules, 2002 ( As amended in 2011).

10) “Gravity of the offence, character of the Juvenile & victim compensation” (Open Discussion ).

11) Juvenile Justice (Care and Protection of Children) Act, 2000.

12) Best Practices (Open Discussion) .

13) Jurisdiction.

14) PCPNDT Act.

15) Most common challenges in conducting the cases.

16) Ss. 10 to 35, C.P.C.

17) C.P.C. - Ss. 9 & 151.

18) C.P.C. Order I to IV.

19) Births and Deaths Registration Act.

20) Ss. 167, 176 & 281 Cr.P.C.

21) Physical Fitness.

22) Financial Wellness Enhancement Programme.

23) Injunction.

24) Contempt of Court.

25) Best Practices.

26) Execution.

27) CPC Order V to X.

28) Options available to the Magistrate after receiving complaints and Police Reports.

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29) Victimlogy.

30) Hindu Succession Act.

31) Written Test & Discussion.

32) Special Summons, Pardon, release of property.

33) C.P.C. Order XI to XX.

34) Limitation Act, Transfer of Property Act & Specific Relief Act.

35) Provisions as to offences affecting the Administration of Justice.

36) Social context adjudication.

37) Cyber Law.

38) PITA & Child Trafficking.

39) Electronic Evidence & The Payments and Settlement Systems Act.

40) Law of Maintenance.

41) Judgment writing, appreciation and marshaling of evidence, Ss. 27, 137 and 154 of Evidence Act, Ss. 161 & 162 of Cr.P.C.

42) D. V. Act, Mental Health Act & Framing of Charges Ss. 143 to 147 (Exercise)

43) Departmental Inquires, Recording of Statements u/s. 164 Cr.P.C. of eye-witnesses and accused and victim of sexual assault, A/V recording and Exercise discussion.

44) Transfer of suits, Interest & Cost.

45) Delay in disposal of cases & Ideas to expedite the trials & how to reduce unmerited acquittals (Group Discussion).

D.V.D.s MADE AVAILABLE FOR VIEWING DURING THE TRAINING PERIOD

1) Role of the Members of the JJB & measures under Sections 15 & 16 of

the JJ Act.

2) “Ek Tha Bachpan” (Movie).

3) How to be a good Judge.

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FACULTY MEMBERS DURING THE TRAINING

1) Hon'ble Shri Justice R. Y. Ganoo, Former Judge, Bombay High Court.

2) Hon'ble Smt. Dr. Justice Shalini Phansalkar-Joshi, Judge, Bombay High Court.

3) Mrs. P. V. Ganediwala, Joint Director, MJA

4) Shri S. V. Yarlagadda, Additional Director, MJA.

5) Shri Atul M. Kurhekar, Judge, City Civil Court, Mumbai

6) Shri Makrand Deshpande, Deputy Registrar, (Personnel), High Court of Bombay.

7) Mrs. G. Pratibhadevi, Deputy Director, Andhra Pradesh Judicial Academy.

8) Dr. Shailesh Mohite, Nair Hospital, Mumbai.

9) Dr. Harish Shetty, Psychiatrist, Mumbai.

10) Adv. Maharukh Adenwalla.

11) Ms. Alpa Vora, UNICEF.

12) Ms. Anuja Gulati, UNFPA.

13) Dr. K. P. Asha Mukundan, Assistant Professor, TISS

14) Michelle Mendonca, Director, Partnerships, Justice and Care, Mumbai.

15) Ms. Rekha V. Diwekar, Dietitian, Mumbai.

16) Shri Ravinder Singh Chawla, Director, Dyota Solutions.

TRAINING MODULE

1) Lecture method, PPTs, Interactive sessions, Group Discussions and open

Discussions, Exercises (Short Tests) etc.

2) Special emphasis was laid on the aspects of sensitizing the judges on the

subjects of laws pertaining to the protection of women, Children, weaker

and backward groups of the society.

3) Emphasis was laid on the tools and techniques for speedy disposal of the

cases, quality of the judgment and order and responsiveness. The

necessity of use of provisions pertaining to special summons under the

Cr.P.C. and Special Acts and also plea bargaining was emphasized.

4) Judgment writing skills, Reasoning, Sentencing, Probation of the

offenders, Victim compensation, English grammar, framing of charges and

recording of evidence were also dealt with.

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5) The Judges were sensitized to reduce the unmerited acquittals.

6) The Judges were imparted special training for two days on Juvenile law,

Child Psychology and Child Welfare so that they can be appointed as

Principal Magistrate at any time.

SPECIAL EVENT

During this training there was a batch of Civil Judges Junior Division form

the Andhra Pradesh Judicial Academy, Secunderabad who visited and stayed in

the Academy under the exchange programme of sharing of knowledge. Mrs. G.

Pratibhadevi, Deputy Director, Andhra Pradesh Judicial Academy accompanied

them. She conducted a special session for the trainee Judges from Maharashtra.

Our regular faculty members and visiting / Guest Faculty Members conducted

sessions for the visiting Judges. A cultural Programme was organized for these

Judges from Maharashtra and Andhra Pradesh Academy.

REFERENCE MATERIAL PROVIDED TO THE TRAINEE JUDGES

The Academy provided to the trainee judges, a DVD containing soft copies

of many important judgments of the Hon. Supreme Court and Hon. High Court

and other Articles and hard copies of a few and selected judgments and Articles.

AREAS FOR IMPACT ASSESSMENT OF THE TRAINING

Mere imparting training without assessing its actual impact, is of no avail.

Hence, the participants were requested to identify the areas in which this training

can show its impact on their functioning as Judicial Officers. The following are

the areas pointed out by them.

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1) More improved and refined judgments.

2) Proper reasoning in the orders/judgments.

3) Victim/witness friendly approach.

4) Awarding just compensation to the victim.

5) Compliance of S.361, Cr.P.C.

6) Framing alternate charges, wherever necessary.

7) Awarding costs of the proceeding in non-cognizable offences.

8) Reasoned orders regarding disposal of properties in criminal cases.

9) Effectively dealing with the cases of Cyber offences, recording and appreciating Electronic evidence in a better manner.

10) Dealing with departmental proceedings.

11) Recording objections and dealing with them during the evidence.

12) Recording of statements of witnesses under S.164, Cr.P.C. especially in POCSO Act cases.

13) Age determination of the Juveniles.

14) Special Summons.

15) Appreciation of TIP evidence.

16) Precautions in recording of statements under S.313(1)(b), Cr.P.C.

17) Judge's active participation while recording evidence.

18) Dealing with mentally unsound persons.

19) Focus on fixation of the responsibility in acquittal cases.

20) How to deal with Court Commissioner's report, in Civil Cases.

21) Passing prompt orders in execution proceedings and deciding objections.

22) Different modes of execution.

23) Service of summons and Precautions before passing exparte order, in Civil cases.

24) Examination of parties before framing issues, whenever necessary.

25) Framing proper issues and deciding Preliminary issues.

26) Control on adjournments and imposing costs whenever necessary.

27) Granting specific relief.

28) Implementation of the provisions pertaining to the interrogatories and discovery of documents.

29) Punctuality.

30) Disclosing (acknowledging the author) the citations in the judgment while quoting observations from the Judgments of the High Court or Supreme Court.

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LIST OF PARTICIPANTS

Sr. No

Name of Judicial Officer Designation District

1 Shri Umesh Baburao Murde 2nd Jt. CJJD & JMFC Sangola, Solapur

2 Smt. Savita Kishanrao Dugaonkar 5th Jt. CJJD & JMFC Baramati, Pune

3 Shri Mulla Vasim Buran CJJD & JMFC Degloor, Nanded

4 Smt. Neha Mohit Panchariya Jt. CJJD & JMFC Ballarpur, Chandrapur

5 Shri Santosh Sahadeo Kurve CJJD & JMFC Dharni, Amravati

6 Shri Deepak Shankarlalji Sharma 24th Jt. CJJD & JMFC Nagpur

7 Shri Ashish Ganpatrao Sable CJJD & JMFC Zari Zamni, Yavatmal

8 Shri Rahul Ishwar Sonawane 7th Jt. CJJD & JMFC Beed

9 Shri Dattatraya Shahuraj Wamane CJJD & JMFC Erandol, Jalgaon

10 Shri Milind Rambhau Panad CJJD & JMFC Saoli, Chandrapur

11 Shri Sachin Chandrakant Havelikar CJJD & JMFC Mudkhed, Nanded

12 Shri Zubair Zafar Khan Jt. CJJD & JMFC Chopda, Jalgoan

13 Shri Sandeep Gangadharrao Sarode CJJD & JMFC Ner, Yavatmal

14 Shri Mahesh Ramchandra Devkate CJJD & JMFC Maregaon Yavatmal

15 Shri Ramdas Daulat Wabale 2nd Jt. CJJD & JMFC Warud, Amravati

16 Shri Md. Zaheer Abbas Ab Qadar Quraishi CJJD & JMFC Sengaon, Parbhani

17 Shri Malhar Popatrao Shinde Jt. CJJD & JMFC Kinwat, Nanded

18 Smt. Ranjana Sonaji Adkine CJJD & JMFC Badnapur, Jalna

19 Shri Shaikhbabaso Sikandar Patil Jt. CJJD & JMFC Palus, Sangli

20 Smt. Susheela Ravindra Patil Jt. CJJD & JMFC Khed, Ratnagiri

21 Shri Salim Abbas Jamadar 3rd Jt. CJJD & JMFC Osmanabad

22 Shri Sachin Wamanrao Thombre CJJD & JMFC Deori, Gondia

23 Shri Sunilkumar Sugdeo Salwe CJJD & JMFC Risod, Washim

24 Shri Jagadish Shankarrao Kokate CJJD & JMFC Sindewahi, Chandrapur

25 Shri Dilip Gangadhar Jagtap 2nd Jt. CJJD & JMFC Murtizapur, Akola

26 Shri Milind Shridhar Jadhav Jt. CJJD & JMFC Aundha-Nagnath, Parbhani

27 Shri Rajesh Shiwajirao Wankhede 2nd Jt. CJJD & JMFC Wani, Yavatmal

28 Smt. Amruta Amol Shinde 6th Jt. CJJD & JMFC Kalyan, Thane

29 Shri Dipak Jagdeo Kalaskar CJJD & JMFC Aheri, Gadchiroli

30 Shri Prabhakar Nilkannth Awale Jt. CJJD & JMFC Lakhani, Bhandara

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