Maharashtra Judicial Academy And Indian Mediation Centre And Training Institute, Uttan

Orientation Programme For The District Judges

From 20 July, 2015 To 09 August, 2015

Three-Weeks Orientation Programme was conducted for the District

Judges from Maharashtra from 20 July, 2015 to 09 August, 2015. Forty Nine

Judges attended the Training.

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

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

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Trainee Judges along with (Left to right) Mrs. P.V.Ganediwala (Joint Director, MJA), Hon'ble Shri Justice C. K.Thakker (Former Judge, Supreme Court of India),

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

Hon'ble Shri Justice V. M. Kanade, Judge, Bombay High Court and Director of the Academy addressing the Trainee Judges

Cultural Programme

Subjects For The Training

1) Fundamentals of Civil Laws.

2) Important provisions of CPC.

3) What is a fair trial.

4) Revision of important provisions of Cr.P.C.

5) Judgment Wiring, Sentencing & Victim Compensation.

6) Judgment Writing (Appellate Court).

7) Appeal against decree and order.

8) Culpable Homicide, Murder & Culpable Homicide not amounting to Murder.

9) Adoption.

10) Ss. 307, 308, 304B, 306 & 498A of IPC & Dowry.

11) Oral & Documentary Evidence.

12) Ss. 27 & 32 of the Evidence Act.

13) Prevention of Corruption Act & Criminal Law Amendment Ordinance, 1944.

14) Gender Justice with reference to Criminal Laws.

15) Arbitration & Conciliation Act.

16) Land Acquisition.

17) Court Management & Case Management.

18) Basic Structure Theory.

19) Law of injunction u/s. 36 to 41 of the Specific Relief Act, 1963 with reference to provisions O. 39, CPC .

20) Ss. 5 & 6 of the Specific Relief Act 1963 with reference to Articles 64, 65 & 110 of the Limitation Act 1963 with distinction between them.

21) Contradictions, Omissions & Improvements – How to be marked while recording evidence in Civil & Criminal Cases.

22) Forest Laws & Wild Life Laws.

23) Classification of easements with distinctions, nature & extinctions.

24) Ss. 138 to 147 of the Negotiable Instruments Act, 1881.

25) PCPNDT Act.

26) Relevancy of facts & circumstantial evidence & Concepts of admission, confessions & (Ss. 17 to 31, Evi. Act)

27) Recording of Evidence including expert evidence with emphasis on contradiction, omissions & improvements.

28) Cyber Law.

29) Electronic Evidence.

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30) Burden of proof, Presumptions.

31) Appreciation of Evidence.

32) Conspiracy, abetment, attempt & Vicarious Liability.

33) NDPS Act.

34) MOCCA.

35) MCS Rules – Conduct Rules, Disciplinary & Appeals.

36) Specific Relief Act w.r.t C.P.C.

37) Exercise on Bail order & Discussion on solved problems.

38) Use of police statements in the light of S. 27, Evidence Act, Probation & Borstal School.

39) Mediation & ADR (Group Discussion)

40) Compensation under M.V. Act.

41) Life and Personality Liberty.

42) Muslim Law.

43) Human Rights & Role of subordinate Judiciary in enforcement of the constitutional rights and protection

44) Physical Fitness.

45) Restitution, divorce, Maintenance and Child custody in matrimonial matters.

46) Basic Human Anatomy.

47) Forensic Science.

48) Important provisions of Transfer of Property Act & S. 8 of The Hindu Minority and Guardianship Act, 1956.

49) How to achieve best evidence in trial of offences against women and children (Group Discussion)

50) Challenges in enforcement of SC & ST (Prevention of Atrocities) Act & Civil Rights Protection Act.

51) Most Common Challenges in Criminal Trial and Solutions (Group Discussion).

52) Legal data search (Manupatra etc.)

53) Charge, Joinder of charges & Alteration / Addition of charges, Admission & Discussion of Mentally ill persons & provisions pertaining to persons of unsound mind, Chapter 25 Cr.P.C.

54) Transfer of Property Act.

55) Limitation Act.

56) POCSO Act & ITPA Matters and Sensitization of Judges.

57) Constitutional Law & Civil Procedure Code.

58) Sessions Trial.

59) Criminal Revision & Appeal.

60) Hindu Succession.

61) Rent Act.

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62) Rule of Law.

63) Personality Development.

64) * S. 299 Cr.P.C. Proceedings

* Pardon.

* Contempt of Court.

* Proceedings under Chapter XXVI.

65) Compensation by MACP.

66) Court Management & Case Management.

67) Exercise: On Bail Order, Judgment writing and Ratio Writing - Nandkumar Lalbhai Mehata vs. New Era.

68) Feedback on Exercise.

69) Sharing of experiences.

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

1) How to be a good Judge.

2) Conduct inside and outside the Court.

Yoga Training

Yoga sessions were conducted by Mrs. Sunanda Chitale to the

participants.

Faculty

1) Hon'ble Shri Justice C. K. Thakker, Former Judge, Supreme Court of India.

2) Hon'ble Shri Justice V. M. Kanade, Judge, Bombay High Court.

3) Hon'ble Shri Justice A.S. Oka, Judge, Bombay High Court.

4) Hon'ble Smt. Justice R. S. Dalvi, Judge, Bombay High Court.

5) Hon'ble Smt. Justice Mridula R. Bhatkar, Judge, Bombay High Court.

6) Hon'ble Shri Justice R. D. Dhanuka, Judge, Bombay High Court.

7) Hon'ble Shri Justice M. S. Sonak, Judge, Bombay High Court.

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

9) Shri K. D. Patil, Former Joint Director, MJA.

10) Shri B. D. Kapadnis, Principal District and Sessions Judge, Dhule.

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

12) Kum. A.G. Faraswani, Principal Judge, Family Court, Aurangabad.

13) Shri U. B. Shukla, Registrar, (Vigilance II), High Court, Appellate Side, Bombay.

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

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

16) Shri F.M. Khwaja, Adhoc Judge, City Civil Court and Additional Session Judge, Dindoshi, Mumbai.

17) Dr. Nilima Mehta, Visiting Faculty, Nirmala Niketan, School of Social Work & Adoption Expert, Mumbai.

18) Ms. Anuja Gulati, UNFPA.

19) Adv. Milind Sathe.

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

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

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) 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.

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

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

During this training team of Ms. Anuja Gulati, UNFPA has conducted a

Street-Play (Pathnatya) on how to protect the women from domestic violence

and participants visited to Nair Hospital, Mumbai.

Reference Material Provided To The Trainee Judges

Compilation on MACP, 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 on judgment

writing. Study material provided by Shri K. D. Patil, Former Joint Director, MJA

on the subject of Contradiction,Corroboration, Documentary Evidence, Evidence

and Oral Evidence. PPT by Dr. Shailesh Mohite, Nair Hospital, Mumbai on

Medical Jurisprudence. Notes on Basik Structure Theory by Hon'ble Shri Justice

M. S. Sonak, Judge, Bombay High Court. Article on MACT prepared by Delhi

Judicial Academy. Important case laws by Hon'ble Shri Justice R. D. Dhanuka,

Judge, Bombay High Court on the Arbitration and Conciliation Act. Notes on

Hindu Succession Act and Rent Act by Shri Atul M. Kurhekar, Judge, City Civil

Court, Mumbai.

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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 outside the Court.

2) Punctuality.

3) More precise and reasoned judgments and orders.

4) Proper appreciation of evidence pertaining to various Panchnamas and the hostile witnesses.

5) Victim/witness friendly approach.

6) Awarding just compensation to the victim.

7) Proper consideration of the provisions pertaining to Probation of Offenders Act and Borstal Schools Act.

8) Framing proper charges and alternate charge.

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

10) How to deal with pretty old cases and compliance of S. 299 Cr.P.C.

11) Effectively dealing with the cases of Cyber offences.

12) Recording and appreciating Electronic evidence in a better manner.

13) Dealing with departmental proceedings.

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

15) Recording objections and dealing with them during the evidence and active participation of Judge while recording evidence.

16) Age determination of the Juveniles.

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

18) Dealing with mentally unsound persons.

19) Necessity of fixation of responsibility in the judgment of acquittal.

20) Different modes of execution.

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

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

23) Necessity of examination of the parties before framing issues.

24) Framing proper issues and deciding Preliminary issues.

25) Control on adjournments and imposing costs whenever necessary.

26) Granting specific relief.

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

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List of Participants

Sr. No.

Name Designation District

1 Shri. Jadhav T. B. Adhoc District Judge-4 and Asstt. Session Judge Ahmednagar

2 Shri Baghele S.U. Adhoc District Judge-1 and Asstt. Session JudgeShrirampur,

Ahmednagar

3 Shri Mohite V.G. Adhoc District Judge-5 and Asstt. Session Judge Ahmednagar

4 Shri Verma O.B. Adhoc District Judge-1 and Asstt. Session Judge Amravati

5 Shri Modak P.J. Adhoc District Judge-2 and Asstt. Session Judge Amravati

6 Shri Shaikh M.S. Adhoc District Judge-1 and Asstt. Session Judge Achalpur, Amravati

7 Shri Anubhule D.K. Adhoc District Judge-3 and Asstt. Session Judge Aurangabad

8 Shri Upadhye S. A. Adhoc District Judge-2 and Asstt. Session Judge Aurangabad

9 Shri Raje D.G. Adhoc District Judge -1 and Asstt. Session Judge Majalgaon, Beed

10 Shri Bagi K.A. Adhoc District Judge-2 and Asstt. Session Judge Dhule

11 Shri Kothalikar D.E. Adhoc District Judge-1 and Asstt. Session Judge Amalner, Jalgaon

12 Smt. Ghule P.V. Adhoc District Judge-2 and Asstt. Session Judge Jalgaon

13 Smt. Pardeshi R.P. Adhoc District Judge-2 and Asstt. Session Judge Jalna

14 Shri Ghatpande R.S. Adhoc District Judge -2 and Addl. Session Judge Kolhapur

15 Shri Khambayate P.M. Adhoc District Judge -3 and Addl. Session Judge Kolhapur

16 Shri Salunkhe S.R. Adhoc District Judge-4 and Asstt. Session Judge Kolhapur

17 Shri Yellatti S.M. Adhoc District Judge-1 and Asstt. Session Judge Latur

18 Smt. Bela N. Naik Adhoc District Judge-1 and Asstt. Session Judge Margao

19 Shri Khwaja F.M.Adhoc Judge, City Civil Court and Addl. Session

JudgeDindoshi, Mumbai

20 Shri Thakare P.B.Adhoc District Judge, Small Causes Court and

Asstt. Session JudgeMumbai

21Smt. Joshi U.L. Adhoc Judge, City Civil Court and Asstt. Session

JudgeMumbai

22 Shri Ali H.A.Adhoc District Judge, Small Causes Court and

Asstt. Session JudgeMumbai

23 Smt. Deshmukh Y.G.Adhoc Judge, City Civil Court and Asstt. Session

JudgeMumbai

24 Shri Pavaskar R.S.Adhoc Judge, City Civil Court and Asstt. Session

JudgeMumbai

25 Shri Gupta B.R.Adhoc Judge, City Civil Court and Asstt. Session

JudgeMumbai

26 Shri Agrawal G.P. Adhoc District Judge-2 and Asstt. Session Judge Nagpur

27 Shri Gwalani S.H. Adhoc District Judge-4 and Asstt. Session Judge Nagpur

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Sr. No.

Name Designation District

28 Shri Gavande S.B. Adhoc District Judge-5 and Asstt. Session Judge Nagpur

29 Shri Patil P.G. Adhoc District Judge -1 and Asstt. Session Judge Nanded

30 Shri Waghmare H.R. Adhoc District Judge-2 and Asstt. Session Judge Nanded

31 Shri Gondhalekar S.P. Adhoc District Judge-1 and Asstt. Session Judge Shahada, Nandurbar

32 Shri Chitnis P.K. Adhoc District Judge -1 and Asstt. Session Judge Nashik

33 Shri Kathare V.V. Adhoc District Judge-2 and Asstt. Session Judge Malegaon, Nashik

34 Shri Pathan M.S. Adhoc District Judge-2 and Asstt. Session Judge Nashik

35 Shri Raghuwanshi V.G. Adhoc District Judge-3 and Asstt. Session Judge Nashik

36 Shri Dhoble G.S. Adhoc District Judge -1 and Addl. Session Judge Bhoom, Osmanabad

37 Smt. Sayonara Laad Adhoc District Judge-1 and Asstt. Session Judge Mapusa, Panaji

38Smt. Vijaya V. Ambre

Adhoc District Judge-1 and Asstt. Session Judge Panaji

39 Shri Ghate P.S. Adhoc District Judge-1 and Asstt. Session Judge Parbhani

40 Shri Thube S.G. Adhoc District Judge-2 and Asstt. Session Judge Parbhani

41 Shri Kadam V.K. Adhoc District Judge -1 and Addl. Session Judge Baramati, Pune

42Shri Salgar A.S.

Adhoc District Judge-1 and Asstt. Session JudgeKhed –

Rajgurunagar, Pune

43 Shri Rajkarne A.M. Adhoc District Judge-2 and Asstt. Session Judge Baramati, Pune

44 Shri Avate A.S. Adhoc District Judge-3 and Asstt. Session Judge Baramati, Pune

45 Shri Tamboli S.R. Adhoc District Judge-4 and Asstt. Session Judge Baramati, Pune

46 Shri Jagdale J.C. Adhoc District Judge-4 and Asstt. Session Judge Pune

47 Shri Gudadhe D.K. Adhoc District Judge-1 and Asstt. Session Judge Khed, Ratnagiri

48 Smt. Ponkshe S.P. Adhoc District Judge-1 and Asstt. Session Judge Solapur

49 Smt. Khadse A.S. Adhoc District Judge-1 and Asstt. Session Judge Wardha

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