MAY 2016 MARCH 2021 CJA CJA e - N EWSLE TTER Monthly Newsletter of Chandigarh Judicial Academy of Punjab & Haryana High Court For circulation among the stakeholders in Judicial Education FROM THE DESK OF CHIEF EDITOR VOLUME : 06 The Madhya Pradesh State Judicial Academy organized: ―All India State ISSUE : 03 Judicial Academies Director‘s Retreat‖ on 6-7 March, 2021 at Jabalpur. The objective of the Retreat was to provide a platform to all the state judicial academies (SJAs) across the country. This was to deliberate upon diverse themes of judicial education and training. The purpose was In this Issue: to share the best practices prevalent amongst SJAs. The goal was, how From the Desk of Chief Editor to achieve judicial excellence. The Retreat was inaugurated by Hon‘ble Latest Cases: Civil the President of India Sh.Ram Nath Kovind. The Hon‘ble Chief Justice of Latest Cases: Criminal Latest Cases: Family Law India, Justice S.A.Bobde also addressed. Hon‘ble Justices, Justice Events & Forthcoming N.V.Ramana, Justice Ashok Bhushan, Justice Hemant Gupta and Event Notification Justice S.Ravindra Bhat of the Supreme Court attended and participated in the Retreat. Hon‘ble Chief Justices of High Courts of Madhya Pradesh, Patna, Karnataka, Meghalaya, Bombay and Jammu & Kashmir also participated. The Chairmen/ Presidents/Judges In-charge and Directors of SJAs were part of the Retreat. Chandigarh Judicial Academy was represented by Hon‘ble Mr.Justice T.S.Dhindsa, President, BOG, CJA, Director (Academics), Dr.Balram K Gupta and Editorial Board Director (Administration), Ms.Shalini Singh Nagpal. HMJ Tejinder Singh Dhindsa Editor–in-Chief The entire programme was structured in five plenary sessions besides Dr. Balram K. Gupta Chief Editor the valediction. I was slated to speak in the third session on Shaping Dr. Gopal Arora the Judges: the Challenge of Continued Judicial Education. Judges Mr. Baljinder Singh Sra Ms. Mahima Sikka do what others avoid to do. Therefore, their shaping as judges requires Editors specialized and skilful training. Many aspects were deliberated and discussed. I have been engaged in Judicial Education (JE) since early 2013. All possible efforts have been made to develop their adjudicatory skills. The change over from class-rooms to court-rooms is not easy. Therefore, PAN India one year foundation training has been structured. The class-rooms do not produce lawyers, judges, scientists and surgeons. It is the court-rooms, laboratories and the operation theatres which are the real nurseries to nurture the different skills. 1 CJA The foundation training has two fundamental components. The training at the Judicial Academies (JAs). The other component is the attachment in courts. The JA class-rooms are to be converted into court-rooms. The JA court-rooms are to provide the basic exposure. What the Trainee Judicial Officers (TJOs) are expected to do. Also how to do and perform. The court-room attachments provide the opportunity to perform. It is the blending of the two together which is important. Both require the acquiring of the practical skills to ultimately perform in court. This one year period of training is very important. It has been felt that there is need for Mentors and Mentoring of Judicial Officers. The faculty of JAs is also required to play the role of Mentors to TJOs during the training and even beyond. There is also need for Mentoring during the court attachments. As also during the two initial years of performing as judges. Why Mentoring! Why do the lawyers join the senior when they enter the legal profession! What is Mentoring! What is the role of a Mentor! Mentors are wise counselors. They are guardians. They are teachers. Mentoring is grooming. It is nurturing judicial minds. It is irrigating adjudicatory minds. It is inculcating objectivity and positivity of mind. It is confidence building. It is equipping the young judicial minds with the basic raw material required to be confident judges. Mentoring is kindling the spark within. Sometimes, the young judges find the task tough. Difficult. Not able to cope up with the work. It becomes a burden. Gradually, they get into depression. They even resign. The Mentor is most needed in such cases. They have to save the judicial officer. They have to salvage the situation. It is a challenge for the Mentor. It has to be surmounted by playing the balming role. The Mentors play the role of a coach. A seasoned judge has already faced the roughs and the toughs of the judicial life. Mentors have experience. The young judicial minds are to learn from their experiences. Mentoring is a double edged tool. When the Mentor shares his experiences, he is shaping the future judges. The Mentor may have also committed mistakes. Therefore, it is also at the same time ‗self building and shaping‘ better. You feel that you have contributed in shaping the judge. Helping to be a good judge is a lifetime investment. Also, it is lifetime achievement. It is lifetime partnership as well. This is a continuous process. One after the other. This understanding. This realization can pave the way for the future. The future is assured. Mentoring is important across different professions. It would be useful to draw on personal experiences. I taught law for more than two decades (1969-1990). Some of my students came to law teaching. I did their Mentoring. I shared some of the basics. Good communication. Good understanding of the subject. Clarity of mind. Eye contact. Body CJA language. Smooth flow of thought process. Teaching from your mind. No notes. No other aids. Good memory. If you have to lecture for one hour, be prepared for three hours material. A teacher should be able to quench the thirst of the students. In fact, the teachers need to make the students thirsty. Mere giving of the basics in the beginning is not the only role of a Mentor. Mentoring is regular monitoring. At each step. Observe and guide. Informal sittings. Free exchange. Freely pointing out what needs to be done. In different situations. How to handle them. Teaching is an art. A skill which one learns with experience. The in-puts of the Mentor make all the difference. The Mentor needs to understand his mentee. His plus points. Also the negative ones. How to meaningfully exploit the plus points. How to ensure that the negative ones are avoided. Totally. The Mentor will draw upon his own experiences. Once the Mentor understands the mentee. The shaping takes place. This recipe has produced some of the accomplished professors of law and vice chancellors of different law schools/universities. I switched over to the legal profession in early 1991. It was a fulfilling experience to Mentor the young lawyers chambering with me. They are doing so well. I also had the opportunity of observing the struggling lawyers. It was good to guide and counsel them. I found that some of the young lawyers arguing well. I would often come out of the court- room and pat the young lawyers. A few words of encouragement. You are doing well. Continue with your full effort. You have the potential. Now they are senior advocates and judges. When they meet, they acknowledge thankfully the small gestures which helped in shaping them. I took over as Director, National Judicial Academy in early 2013. Since 2015, I am looking after the Chandigarh Judicial Academy. This has been an enriching experience. I have found that Mentoring is an important and an integral part of judicial education. A serious thought needs to be given to it. The Mentoring scheme needs to be given a proper shape. It can go a long way in strengthening judicial education. May I urge you to give your suggestions. I would keenly look forward to have them. The same would help in working out a wholesome Mentoring Scheme. Balram K. Gupta CJA LATEST CASES: CIVIL "Precision, transparency and seamless administration are key features of a system which adopts technology in pursuit of efficiency. Technology has enabled both administrators and citizens to know precisely when an electronic record is uploaded. The considerations which Parliament had in its view in providing for crucial amendments to the statutory scheme by moving from manual to electronic forms of governance in the assessment of duties must not be ignored. Tax administration must leave behind the culture of an age in which the assessment of duty was wrought with delays, discretion, doubt and sometimes, the dubious. The interpretation of the court must aid in establishing a system which ensures certainty for citizens, ease of application and efficiency of administration." - Dr D.Y. Chandrachud, J. in Union of India v. G.S. Chatha Rice Mills, (2021) 2 SCC 209, para 57 Subodh Kumar Vs. Shamim Ahmed :2021 the Court may refuse to make the reference. SCC OnLine SC 164: Application Under The court also suggested amendment of Order IX Rule 13 CPC Can Be Allowed Section 11 of the Act to provide a period of Only When Sufficient Cause Is Made Out limitation for filing an application under this To Set Aside Ex Parte Decree: Supreme provision, which is in consonance with the Court–HELD-An application under Order 9 object of expeditious disposal of arbitration Rule 13 of the Code of Civil Procedure can proceedings. be allowed only when sufficient cause is made out to set aside the exparte decree. In Sabita Shashank Singh Vs. Shashank this case, the tenant had filed an application Shekhar Singh :TRANSFER PETITION (C) to set aside an ex-parte decree against him NO. 908 OF 2019:Single Bench Hearing which was dismissed by the Trial Court on Transfer Petition Cannot Invoke Article the ground that no deposit was made by the 142 To Pass A Decree Dissolving tenant as required by Section 17 of the Marriage By Mutual Consent: Supreme Provincial Small Cause Courts Act, 1887 Court-HELD-The Supreme Court observed along with the said application.