Judicial Academy And Indian Mediation Centre And Training Institute, Uttan (ISO 9001-2008 Certified Institute)

Orientation Programme For The District Judges (Regular/Adhoc) From 24 August to 13 September, 2015

Three-Weeks Orientation Programme was conducted for the District Judges from Maharashtra from 24 August to 13 September, 2015. Forty Nine Judges attended the Training.

Trainee Judges along with (Left to right) Mrs. P.V.Ganediwala (Joint Director, MJA) and Hon'ble Shri Justice V. M. Kanade, (Judge, and Director of the Academy)

1 Trainee Judges along with (Left to right) Hon'ble Shri Justice R.D. Dhanuka (Judge, Bombay High Court), Hon'ble Shri Justice Anoop V. Mohta (Judge, Bombay High Court) and Mrs. P.V.Ganediwala (Joint Director, MJA)

Trainee Judges along with (Left to right) Mrs. P.V.Ganediwala (Joint Director, MJA), Hon'ble Shri Justice S.C. Dharmadhikari, (Judge, Bombay High Court), Shri S.V.Yarlagadda (Additional Director, MJA).

2 Trainee Judges along with (Left to right) Mrs. P.V.Ganediwala (Joint Director, MJA) and Hon'ble Shri Justice D. R. Dhanuka (former Judge of High Court of Bombay)

Trainee Judges along with Mrs. P.V.Ganediwala (Joint Director, MJA), Shri B. D. Kapadnis (Principal District and Sessions Judge, ) and Shri K. D. Patil (Former Joint Director, MJA)

3 Subjects Covered

1) Fundamentals of Civil Laws. 15) Law of injunction u/s. 36 to 41 of the Specific Relief Act, 2) MACP. 1963 with reference to 3) Office Administration. provisions O. 39 CPC. 4) Prevention of Corruption Act 16) Maharashtra Prevention and & Criminal Law Amendment Eradication of Human Ordinance, 1944. Sacrifice and other Inhuman, Evil and Aghori Practices and 5) Judgment Wiring, Sentencing Black Magic Act, 2013. & Victim Compensation. 17) MCS Rules – Conduct Rules, 6) Judgment Writing (Appellate Disciplinary & Appeals & Court). Provisions pertaining to persons of unsound mind. 7) Transfer of Property Act. 18) Forest Laws in States of 8) Limitation Act. Maharashtra & Goa. 9) Evidence -Kinds of Evidence 19) Classification of easements -Oral & Documentary with distinctions, nature & Evidence -Appreciation extinctions. thereof in Civil & Criminal Cases. 20) Ss. 138 to 147 of the Negotiable Instruments Act, 10) Revision of important 1881. provisions of Cr.P.C. 21) Ss. 27 & 32 (1) of the 11) Culpable Homicide, Murder & Evidence Act. Culpable Homicide not amounting to Murder. 22) Wild Life Laws & Prevention of Cruelty to Animals Act. 12) Ss. 307, 308, 304B, 306 & 498A of IPC & Dowry. 23) Relevancy of facts, circumstantial evidence, 13) Ss. 5 & 6 of the Specific Concepts of “admission” and Relief Act 1963 with “confessions” (Ss. 17 to 31, reference to Articles 64, 65 & Evidence Act). 110 of the Limitation Act 1963 with distinctions between 24) Recording of Evidence them. including expert evidence with emphasis on 14) Basic Structure Theory. contradiction, omissions & improvements.

4 25) Burden of proof, 38) Pardon proceedings S. 306 Presumptions. to 308 Cr.P.C. 26) Appreciation of Evidence. 39) Sessions Trial, Criminal Revision & Appeal, Chapter 27) Conspiracy, abetment, cases, Disposal of Property, attempt & Vicarious Liability. Compensation. 28) Tools and techniques for 40) Mediation & ADR. speedy disposal and how to reduce unmerited acquittals. 41) Basic Human Anatomy. 29) POCSO Act & ITPA Matters 42) Forensic Science. and Sensitization of Judges. 43) Sexual Offences Against 30) Appeal against order & Woman – Recording of Decree. evidence of child witness. 31) Adoption. 44) Execution of Money Decree. 32) Various kinds of Jurisdiction 45) Hindu Laws. of High Court. 46) Rent Act. 33) Life and Personal Liberty. 47) PCPNDT Act. 34) Cyber Law & Electronic Evidence. 48) Intellectual Property Laws. 35) Probation & Borstal Schools 49) Arbitration & Conciliation Act. & Most common challenges 50) SC & ST (Prevention of in criminal trials and Atrocities) Act. solutions. 51) Discussion of the Orders and 36) Proceedings u/s. 299, Cr.P.C Judgments written. 37) Proceeding of perjury and 52) Role Constitution Law in Intentional Interruption to Criminal Law. Judicial proceedings (chapter 26 Cr.P.C.), 53) Exercises.

D.V.D.s Made Available For Viewing During The Training Period

1) How to be a good Judge. 2) Physical fitness. 3) Conduct inside and outside the Court.

5 Yoga Training

Yoga sessions were conducted by Mrs. Sunanda Chitale to the participants.

Faculty

1) Hon'ble Shri Justice 10) Mrs. P. V. Ganediwala, V. M. Kanade, Judge, Bombay Joint Director, MJA. High Court. 11) Shri S. V. Yarlagadda, 2) Hon'ble Shri Justice Additional Director, MJA. Anoop V. Mohta, Judge, Bombay High Court. 12) Shri Atul M. Kurhekar, Judge, City Civil Court, Mumbai. 3) Hon'ble Shri Justice S.C. Dharmadhikari, Judge, 13) Adv. Prathamesh D. Popat, Bombay High Court. Counsel & Accredited Mediator, Mumbai. 4) Hon'ble Shri Justice R. D. Dhanuka, Judge, 14) Adv. Milind Sathe. Bombay High Court. 15) Michelle Mendonca, Director, 5) Hon'ble Shri Justice Partnerships, Justice and Care, M. S. Sonak, Judge, Mumbai. Bombay High Court. 16) Dr. Nilima Mehta, 6) Hon'ble Shri Justice D. R. Visiting Faculty, Nirmala Niketan, Dhanuka, former Judge of High School of Social Work & Court of Bombay Adoption Expert, Mumbai.

7) Shri K. D. Patil, 17) Dr. Shailesh Mohite, Nair Former Joint Director, MJA. Hospital, Mumbai (Session at Nair Hospital) 8) Shri R. R. Gandhi, Principal District & Session 18) Ms. Anuja Gulati, UNFPA. Judge, Thane 19) Ms. Nandini V. Jadhav. 9) Shri B. D. Kapadnis, Principal District and Sessions Judge, Dhule.

6 Training Methodology

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, Social Context Adjudication and execution of decree. 3) Emphasis was laid on the tools and techniques for speedy disposal of the cases, quality judgments and orders and responsiveness. 4) Sessions were conducted on judgment writing skills, Reasoning, Sentencing, Probation of the offenders, Borstal Schools utilization, Victim compensation, English grammar, framing of charges and recording of evidence were also dealt with. 5) The Judgments delivered by the Judges were checked and the Judges were asked to write Judgment during the training and those judgments were discussed. 6) The Judges were sensitized to reduce the unmerited acquittals. 7) The Judges were given some landmark judgments and asked to write their ratio.

Special Event

1) During the training period the participants attended the Felicitation Programme of The Hon'ble Shri Justice Mohit S. Shah, The Chief Justice, High Court of Bombay at the Academy. 2) Team of Ms. Anuja Gulati, UNFPA has conducted a Street-Play (Pathnatya) on how to protect the women from domestic violence. 3) The participants visited to Nair Hospital, Mumbai.

7 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 judgments. Important case laws by Hon'ble Shri Justice R. D. Dhanuka, Judge, Bombay High Court on the Arbitration and Conciliation Act. Article on “Personal Liberty” - Article 21 of the Constitution of provided by Adv. Milind Sathe. Study material provided by Hon'ble Shri Justice D. R. Dhanuka, Former Judge, Bombay High Court.

Areas For Impact Assessment Of The Training

The participants identified the following areas in which they can show the impact of this training on their functioning.

1) Good conduct inside and 9) Reasoned orders regarding outside the Court. disposal of properties in criminal 2) Punctuality. cases. 3) More precise and reasoned 10) How to deal with pretty old judgments and orders. cases and compliance of S. 299 Cr.P.C. 4) Proper appreciation of evidence pertaining to various 11) Effectively dealing with the Panchnamas and the hostile cases of Cyber offences. witnesses. 12) Recording and appreciating 5) Victim/witness friendly approach. Electronic evidence in a better manner. 6) Awarding just compensation to the victim. 13) Dealing with departmental proceedings. 7) Proper consideration of the provisions pertaining to 14) Recording of statements of Probation of Offenders Act and witnesses under S.164, Cr.P.C. Borstal Schools Act. especially in POCSO Act cases. 8) Framing proper charges and 15) Recording objections and alternate charge. dealing with them during the evidence and active participation of Judge while recording evidence.

8 16) Age determination of the 21) Passing prompt orders in Juveniles. execution proceedings and 17) Precautions in recording of deciding objections. statements under S.313(1)(b), 22) Service of summons and Cr.P.C. Precautions before passing 18) Dealing with mentally unsound exparte order, in Civil cases. persons. 23) Framing proper issues and 19) Necessity of fixation of deciding Preliminary issues. responsibility in the judgment of 24) Control on adjournments and acquittal. imposing costs whenever 20) Different modes of execution. necessary. 25) Granting specific relief.

List of Participants

Sr. Name Designation District No. Newasa, 1 Shri Navandar S.R. District Judge – 1 and Addl. Session Judge, Sangamner, 2 Shri Gandhi J.L. District Judge – 2 and Asstt. Session Judge, Ahmednagar Kopargaon, 3 Shri Raghuwanshi A.P. District Judge – 2 and Addl. Session Judge, Ahmednagar 4 Shri Kakani R.R. District Judge – 6 and Addl. Session Judge,

5 Smt. Nair S.S. District Judge – 7 and Asstt. Session Judge, Aurangabad

6 Shri Vyas K. L. Adhoc District Judge -1 and Addl. Session Judge, Chandrapur Warora, 7 Shri Mehta N.P. Adhoc District Judge -1 and Astt. Session Judge, Chandrapur 8 Shri Padwad U.M. District Judge – 1 and Addl. Session Judge, Gadchiroli

9 Shri Kapure N.P. Adhoc District Judge -1 and Addl. Session Judge, Jalna Jaysingpur, 10 Shri Jagtap S.D. District Judge – 1 and Addl. Session Judge, Kolhapur 11 Shri Deshmukh S.G. District Judge – 2 and Asstt. Session Judge, Udgir, Shri Edgar P. 12 District Judge-4 and Asstt. Session Judge, Margao Fernandes 13 Shri Malabade R.K. Judge, City Civil Court and Addl. Session Judge, Mumbai

14 Shri Choudhari K.R. Judge, City Civil Court and Asstt. Session Judge, Mumbai

15 Shri Mare A.N. Judge, City Civil Court and Asstt. Session Judge, Mumbai

16 Shri Bhadgale S.R. Judge, City Civil Court and Addl. Session Judge, Mumbai

9 Sr. Name Designation District No. 17 Shri Avhad V.P. Judge, City Civil Court and Addl. Session Judge, Mumbai

18 Smt. Sayyad P.F. Judge, City Civil Court and Asstt. Session Judge, Dindoshi, Mumbai

19 Shri Nimbalkar V.D. Judge, City Civil Court and Asstt. Session Judge, Dindoshi, Mumbai

20 Shri Belkar S.M. Judge, City Civil Court and Asstt. Session Judge, Dindoshi, Mumbai

20 Shri Pande R.M. Judge, City Civil Court and Addl. Session Judge, Mumbai

22 Smt. Baraliya M.A. District Judge – 12 and Asstt. Session Judge, Nagpur

23 Smt. Raut A.C. District Judge – 14 and Asstt. Session Judge, Nagpur

24 Shri Dixit A.V. Adhoc District Judge -1 and Addl. Session Judge, Nagpur

25 Shri Mohabey A.G. District Judge – 2 and Asstt. Session Judge, Niphad, Nashik

26 Smt. Ghodke S.S. District Judge – 9 and Addl. Session Judge, Nashik

27 Smt. More M.H. District Judge – 10 and Addl. Session Judge, Nashik Omerga, 28 Shri Mungale M.S. District Judge – 1 and Addl. Session Judge, Osmanabad 29 Ms. Vijaya D. Pol District Judge-2 and Addl. Session Judge, Mapusa, Panaji

30 Shri Divate M.P. District Judge – 2 and Addl. Session Judge, Hingoli,

31 Shri Kachare S.B. District Judge – 14 and Addl. Session Judge, Pune

32 Shri Bahalkar S.B. District Judge – 20 and Asstt. Session Judge, Pune

33 Smt. Pandhare R.N. District Judge – 21 and Addl. Session Judge, Pune

34 Shri Wadne J.D. District Judge – 23 and Asstt. Session Judge, Pune

35 Shri Naikwad P.B. Adhoc District Judge -2 and Asstt. Session Judge, Pune

36 Shri Nerlekar M.R. District Judge – 4 and Asstt. Session Judge, Raigad at Alibag

37 Smt. Ghadge N.T. Adhoc District Judge -2 and Asstt. Session Judge, Raigad at Alibag

38 Shri Shelke B.D. District Judge – 2 and Asstt. Session Judge, Khed, Ratnagiri Pandharpur, 39 Shri Patil P.J. District Judge – 1 and Addl. Session Judge, Shri Kulkarni Vikas 40 District Judge – 1 and Addl. Session Judge, , Solapur Shivruprao 41 Shri Shrimangale N.N. District Judge – 5 and Asstt. Session Judge, Thane

42 Shri Gogarkar S.P. District Judge – 3 and Addl. Session Judge, Kalyan, Thane

43 Shri Patwardhan H.M. District Judge – 7 and Addl. Session Judge, Thane

10 Sr. Name Designation District No. 44 Shri Deshpande M.G. District Judge – 10 and Addl. Session Judge, Thane

45 Shri Ghumare D.S. District Judge – 6 and Asstt. Session Judge, Kalyan, Thane

46 Shri Pradhan N.R. District Judge – 2 and Asstt. Session Judge, Vasai, Thane

47 Shri Bawankar R.N. District Judge – 12 and Asstt. Session Judge, Thane

48 Shri Sharma S.J. District Judge – 1 and Addl. Session Judge, Pusad, Yavatmal

49 Shri Dorle S.P. District Judge – 1 and Addl. Session Judge, Kelapur, Yavatmal

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