Maharashtra Judicial Academy And Indian Mediation Centre And Training Institute, Uttan Refresher Course For The Civil Judges Junior Division (2006- Batch) From 01 To 14 July, 2015 Two-Weeks Refresher Training was conducted for the Civil Judges Junior Division and Judicial Magistrates First Class of 2006 batch from Maharashtra from 01 to 14 July, 2015. Sixty Two Judges attended the Training. Trainee Judges along with (Left to right) Shri S.V.Yarlagadda (Additional Director), Mrs. P.V.Ganediwala (Joint Director), Hon'ble Shri Justice S. B. Shukre (Judge, Bombay High Court), Shri S. D. Darne (Judge, City Civil Court, Mumbai), Shri U. B. Shukla (Registrar (Vigilance-II), Bombay High Court) and Shri Atul M. Kurhekar (Judge, City Civil Court, Mumbai). 1 Subjects For The Training 1) Discussion on the topics sent 10) Child Psychology, Delinquent for writing articles. Crimes and Juvenile Law. 2) Civil Procedure at a glance 11) Contempt of Court & with special focus on Provisions as to offences execution. affecting administration of justice. 3) Reasoning and Judgment Writing. 12) Pardon, probation & Borstal Schools. 4) Arrest, custody, remand, bail and Legal Aid (Group 13) Legal date search Discussion). (Manupatra). 5) Investigation, cognizance 14) Victimology. (Ss.156(3), 190 to 210) & FIR, Statements u/s. 161, 15) Mediation & ADR. 162, 164 (Victims of sexual 16) Exercise - Ratio Writing offences), 281 and 313, -Nandkumar Lalbhai Mehata Cr.P.C. vs. New Era. 6) Special Summons, plea 17) Evidence Act, Fact in issue, bargaining, compounding and relevancy and admissions. withdrawal & Proceedings u/s. 299 Cr.P.C., dormant file 18) Of witnesses, Documentary & disposal of seized property and oral evidence and how to (Group Discussion). appreciate them. 7) Joinder of charges and trials 19) Provisions as to accused & procedure of different trials. persons of unsound mind. 8) Ss. 25 to 27, 145, 157, 20) Mental Health Act. Evidence Act - Appreciation of Evidence of informant & 21) Electronic Evidence. witnesses. 22) Departmental Inquiries. 9) Gender Justice & Law of 23) Specific relief, Transfer of maintenance & protection of property and Limitation Act. women from domestic violence (Group Discussion). 2 24) Optimum use of Orders 10 to 32) Suit valuation, Stamp Act, 14, CPC. Law of Injunction & Appointment of Receiver. 25) Suit against Public Servant and Government. 33) Judicial Officer's Skills and Conduct. 26) Revenue Laws. 34) Personality Development, 27) Rent Act Cases. Time Management & Court 28) Partition suits under Hindu Management. Law. 35) Cyber Law salient features. 29) Recent Judgments on Hindu 36) Tools and Techniques for Succession. speedy and quality justice 30) Adverse Possession & and to reduce unmerited Easement. acquittals (Discussion). 31) Final decree proceeding. 37) Impact Assessment (Feedback). 38) Visit to High Court. D.V.D.S Exhibited During The Training Period 1) Physical Fitness. 2) How to be a good Judge. Yoga Training Yoga sessions were conducted by Mrs. Sunanda Chitale to the participants. 3 Faculty Members During The Training 1) Hon'ble Shri Justice S. B. 6) Shri S. D. Darne, Judge, Shukre, Judge, Bombay High City Civil Court, Mumbai Court . 7) Shri Atul M. Kurhekar, Judge, 2) Shri B. D. Kapadnis, City Civil Court, Mumbai. Principal District and Sessions Judge, Dhule 8) Shri Vidyadhar B. Kulkarni, District Judge, Ahmednagar. 3) Mrs. P. V. Ganediwala, Joint Director, MJA 9) Shri Makrand Deshpande, Deputy Registrar, (Personnel), 4) Shri U. B. Shukla, Registrar High Court of Bombay. (Vigilance-II), Bombay High 10) Shri K. M. Jaiswal, Court Additional CMM, Mumbai. 5) Shri S. V. Yarlagadda, Additional 11) Dr. Harish Shetty, Psychiatrist, Director, MJA. Mumbai. Training Methodology 1) Lecture method, PPTs, Interactive sessions, Group Discussions and open Discussions, Exercises -Short Tests, Problem solving, Order writing, Judgment writing and English Grammer 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) Use of provisions pertaining to special summons under the Cr.P.C. and Special Acts and plea bargaining was emphasized. 4 5) Judgment writing skills, Reasoning, Sentencing, Probation of the offenders, Borstal Schools utilization, Victim compensation, framing of charges and recording of evidence were also dealt with. 6) The Judgments delivered by the Judges were checked and the Judges were asked to write Judgment during the training and those judgments were discussed. 7) The Judges were given some landmark judgments and asked to write their ratio. Special Event A Cultural programme of music and songs was conducted by the trainee Judges. 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 The participants identified the following areas in which they can show the impact of this training on their functioning. 1) Punctuality and conduct inside 2) Victim -friendly and witness and outside the Court, observing -friendly approach. the values, ethics, and 3) More study of Laws and case endeavour to be a "Good Laws. Judge". 5 4) Will be more fit Physically and 17) Dealing with the persons giving mentally. false evidence. 5) More precise and reasoned 18) Granting specific relief. judgments and orders. 19) Will render substantive justice 6) Acknowledging the author and and will show concern to do the citation when their quotes are justice rather than mere disposal used in the judgment. of cases. 7) Better understanding of laws 20) Reasoned and prompt orders which will reflect in orders and regarding disposal of properties judgments. in criminal cases. 8) Proper appreciation of evidence 21) Proper utilization of the pertaining to various provisions of S. 258 Cr.P.C., Panchnamas, witnesses and the compounding and withdrawal of hostile witnesses. the prosecution. 9) Effectively dealing with the 22) How to deal with pretty old cases of Cyber offences. cases and compliance of S. 299 10) Recording and appreciating Cr.P.C. Electronic evidence in a better 23) Special Summons and plea manner. bargaining. 11) Recording objections and 24) Control on adjournments and dealing with them during the imposing costs whenever evidence. necessary. 12) Precaustions in recording of 25) Case Management. statements of witnesses under 26) Better use of provisions in civil S.164, Cr.P.C. especially in cases to reduce delay. POCSO Act cases. 27) Dealing with Disciplinary 13) Awarding just compensation to proceedings. the victims. 28) Age determination of the 14) Attention towards Probation of Juveniles. Offenders Act and Borstal Schools Act. 29) Framing proper charges and alternate charges. 15) Awarding costs of the proceeding in non-cognizable 30) Precautions in recording of offences. statements under S.313(1)(b), Cr.P.C. 16) Fixation of responsibility, in the judgment of acquittal. 6 31) How to deal with Court 37) Utilization of interrogatories and Commissioner's report, in Civil discovery of documents. Cases. 38) Enhanced knowledge of 32) Different modes of execution. Partition, Hindu Succession etc. 33) Passing prompt orders in 39) Active participation of Judge execution proceedings and while recording evidence. deciding objections. 40) Dealing with mentally unsound 34) Service of summons and persons. Precautions before passing 41) Will use the reference material exparte order, in Civil cases. for better functioning. 35) Examination of the parties 42) Understood the value of before framing issues. investment in knowledge. 36) Framing proper issues and 43) Proper use of case-laws. deciding Preliminary issues. List of Participants Sr. Name of Judicial Officers Posting District No. 1 Smt. Moulashri Shirish Sahastrabudhe 2nd Jt. CJJD & JMFC Amravati 2 Shri Durgaprasad Narahar Kher 4th Jt. CJJD & JMFC Thane 3 Shri Tejwant Singh Angrez Singh Sandhu CJJD & JMFC Mouda, Nagpur 4 Shri Sanjay Jivan Bhattacharya CJJD & JMFC Deori, Gondia 5 Shri Samir Ganesh Baokar CJJD & JMFC Dorukh, Ratnagiri 6 Shri Pravin Ramrao Shinde Jt. CJJD & JMFC Hingoli, Parbhani 7 Smt. Reena Navin Merck 3rd Jt. CJJD & JMFC Wardha 8 Shri Vinod Jairam Dongre CJJD & JMFC Renapur, Latur 9 Smt. Jyoti Vilas Pekhale-Purkar 6th Jt. CJJD & JMFC Aurangabad 10 Smt. Baby Narsingdas Ichpurani 5th Jt. CJJD & JMFC Thane 11 Shri Laxmikant Sudamrao Padhen CJJD & JMFC Ballarpur, Chandrapur 12 Shri Harish Jadhavrao Shende CJJD & JMFC Mul, Chandrapur 7 Sr. Name of Judicial Officers Posting District No. 13 Shri Sunil Nagorao Bhosale 12th Jt. CJJD & JMFC Pune 14 Shri Kuber Bapuso Chougule CJJD & JMFC Miraj, Sangli 15 Smt. Karuna Ramkumar Rajput CJJD & JMFC Navapur, Nandurbar 16 Shri Vaibhav Vasantrao Kulkarni Jt. CJJD & JMFC Gevrai, Beed 17 Shri Satish Dinkarrao Kurhekar Jt. CJJD & JMFC Dhule 18 Smt. Vidya Gourishankar Upadhye 9th Jt. CJJD & JMFC Aurangabad 19 Smt. Pravina Vijay Hingne 10th Jt. CJJD & JMFC Aurangabad 20 Shri Manod Vaijanathrao Tokale CJJD & JMFC Wada, Thane 21 Smt. Supriya Vijaysinh Nikam Jt. CJJD & JMFC Karjat, Raigad at Alibag 22 Smt. Anita Balasaheb Kurane 2nd Jt. CJJD & JMFC Solapur 23 Shri Amol Ashok Shinde JMFC Kalyan (Rly.) Thane 24 Smt. Jayashri Sanjay Jagdale Jt. CJJD & JMFC Parner, Ahmednagar 25 Shri Pankaj Arun Patki Jt. CJJD & JMFC Cahlisgaon, Jalgaon 26 Shri Mahavir Motichand Gadiya 2nd Jt. CJJD & JMFC Ausa, Latur 27 Shri Vaibhavdatta Bapusaheb Gulve-Patil Jt. CJJD & JMFC Pimpalgaon, Nashik 28 Shri Sopan Dashrath Ghanwat Jt. CJJD & JMFC Ghodnadi, Pune 29 Shri Vivek Dadarao Deshmukh CJJD & JMFC Murbad, Thane 30 Shri Krishnarao Kamlakarrao Patil CJJD &JMFC Kille-Dharur, Beed 31 Shri Sachin Vitthal Deshmukh Jt. CJJD & JMFC Shrirampur, Ahmednagar 32 Shri Dattatraya Shankarao Khedekar J.Co-op., Ct. Mumbai 33 Shri Sushil Bhaurao Deore 4th Jt.