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

Refresher CourseFor The Civil Judges Junior Division (2010-Batch)

From 09 To 22 February, 2015

Two-Weeks Refresher Course was conducted for the Civil Judges

Junior Division and Judicial Magistrates First Class of 2010 batch from

Maharashtra from 09 to 22 February, 2015. Fifty Judges attended the Training.

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Hon'ble Shri Justice V. M. Kanade (Judge, Bombay High Court & Director of the Academy),Mrs. P. V. Ganediwala (Joint Director, MJA), Shri S. V. Yarlagadda (Additional Director, MJA)

and Shri V. B. Kakatkar (Deputy Director, MJA) alongwith participants

Subjects Covered

1) Procedural challenges in Civil trails.

2) Civil Procedure at a glance with special focus on execution.

3) Social context adjudication.

4) Limitation Act.

5) Specific Relief Act.

6) Lease and License & Maharashtra Rent Control Act & Easement Act.

7) Coparcenary, Coparcenary property – maintenance by survivorship & succession, effect of Hindu Succession Act, 1956, Maharashtra Amendments & Central Amendments.

8) Rule of Law.

9) Medical Jurisprudence.

10) Child Psychology & Personality Development.

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

12) Conventions on Juvenile Law, Juvenility & community service.

13) Role of Social Worker and Probation Officer under Juvenile Law.

14) Ss. 34, 149, 120-B & 109 IPC.

15) PCPNDT Act.

16) Provisions of the Constitution and Cr.P.C. w.r.t. Arrest, custody and remand & Short test.

17) Investigation, Inquiry, Complaints, Police Reports & Duty of Magistrate.

18) Reasoning.

19) Statements u/s 161, 162, 164, 281 & 299, Cr.P.C. & Sanction & consent to prosecute, Procedural differences in trials under Chapter XVIII to XXI,Cr.P.C. and Special Acts like Prohibition Acts.

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

21) Tender of pardon – Ss. 306 & 307 of Cr.P.C.

22) Probation of Offenders Act & Victim Compensation (Ss. 361, 421, 431, 357, Cr.P.C.).

23) Ss. 210, 299 & 317 Cr.P.C. (Proceedings).

24) FIR & Statements u/s. 164 of Cr.P.C. with reference to Ss. 157 & 145 of Evidence Act - Appreciation of Evidence of informant & witness.

25) Corroboration, omission and contradiction with reference to Ss. 161 & 162 of Cr.P.C.

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26) Ss. 164(5A), 206, 281, 313(1)(b), 322, 323, 325, 357, 421 & 431 Cr.P.C. & 208 of M.V. Act.

27) Options available upon receiving complaint, police report and S. 169 Cr.P.C.

28) Ss. 328 to 339 Cr.P.C. & Mental Health Act.

29) Judgment Writing.

30) Law of Maintenance.

31) PITA & Child Labour.

32) Forest Laws and Wild Life Laws (Civil & Criminal).

33) Evidence - Kinds of Evidence, oral evidence & documentary evidence.

34) Burden of Proof, Onus of Proof & Presumptions.

35) Electronic Evidence & Departmental Inquiries.

36) Financial Wellness Enhancement Programme.

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

1) Conduct inside and outside the Court.

2) Physical Fitness.

3) How to be a good Judge.

Yoga Training

During the training period Yoga Training has been provided to the Judicial

Officers.

Faculty

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

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

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

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

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

6) Ms. Mohua Nigudkar, Assistant Professor, TISS, Mumbai.

7) Ms. Anuja Gulati, UNFPA.

8) Adv. Nausheen Yousuf, Majlis.

9) Ms. Michelle Mendonca, Director, Partnerships, Justice and Care, Mumbai.

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

11)Dr. Harish Shetty, Psychiatrist, Mumbai.

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

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) Use of provisions pertaining to special summons under the Cr.P.C. and

Special Acts and plea bargaining was emphasized.

5) 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.

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

7) The Judgments delivered by the Judges were checked and the Judges

were asked to write Judgment during the training and those judgments

were discussed.

8) The Judges were given some landmark judgments and asked to write their

ratio.

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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.

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 and outside the Court, observing the values, ethics, and endeavour to be a "Good Judge".

2) Victim -friendly and witness -friendly approach.

3) More study of Laws and case Laws.

4) Will be more fit Physically and mentally.

5) More precise and reasoned judgments and orders.

6) Acknowledging the author and the citation when their quotes are used in the judgment.

7) Better understanding of laws which will reflect in orders and judgments.

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

9) Effectively dealing with the cases of Cyber offences.

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

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

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

13) Awarding just compensation to the victims.

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14) Attention towards Probation of Offenders Act and Borstal Schools Act.

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

16) Fixation of responsibility, in the judgment of acquittal.

17) Dealing with the persons giving false evidence.

18) Granting specific relief.

19) Will render substantive justice and will show concern to do justice rather than mere disposal of cases.

20) Reasoned and prompt orders regarding disposal of properties in criminal cases.

21) Proper utilization of the provisions of S. 258 Cr.P.C., compounding and withdrawal of the prosecution.

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

23) Special Summons and plea bargaining.

24) Control on adjournments and imposing costs whenever necessary.

25) Case Management.

26) Better use of provisions in civil cases to reduce delay.

27) Dealing with Disciplinary proceedings.

28) Age determination of the Juveniles.

29) Framing proper charges and alternate charges.

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

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

32) Different modes of execution.

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

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

35) Examination of the parties before framing issues.

36) Framing proper issues and deciding Preliminary issues.

37) Utilization of interrogatories and discovery of documents.

38) Enhanced knowledge of Partition, Hindu Succession etc.

39) Active participation of Judge while recording evidence.

40) Dealing with mentally unsound persons.

41) Will use the reference material for better functioning.

42) Understood the value of investment in knowledge.

43) Proper use of case-laws.

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List Of Participants

Sr. No.

Name of Judicial Officers Designation Posting

1 Shri Naresh Keshaorao Walke CJJD & JMFC Digras, Yavatmal

2 Ms. Renuka Devendra Patange-Ingle Jt. CJJD & JMFC Bhandara

3 Shri Tushar Balasaheb Waje 2nd Jt. CJJD & JMFC Gangapur, Aurangabad

4 Shri Prasad Nandkumar Deshpande 5th Jt. CJJD & JMFC Beed

5 Ms. Dipti Tukaram Jadhav 2nd Jt. CJJD & JMFC Wai, Satara

6 Ms. Paurnima Pradip Sanas 2nd Jt. CJJD & JMFC Vaduj, Satara

7 Shri Sachin Shivajirao Ubale 3rd Jt. CJJD & JMFC Hingoli, Parbhani

8 Shri Ninad Ashok Ingley 6th Jt. CJJD & JMFC Yavatmal

9 Shri Umakant Basappa Kalapagar Jt. CJJD & JMFC Arni, Yavatmal

10 Shri Devendra Balasaheb Patange Jt. CJJD & JMFC Tumsar, Bhandara

11 Shri Pavankumar Ghanshyam Tapadiya 6th Jt. CJJD & JMFC Pandharpur, Solapur

12 Shri Suresh Tukaram Shinde Jt. CJJD & JMFC Renapur, Latur

13 Shri Nandkishor Haribhau Tikhe 2nd Jt. CJJD & JMFC Kelapur, Yavatmal

14 Shri Vijay Appa Awaghade 2nd Jt. CJJD & JMFC Kaij, Beed

15 Shri Paresh Rajan Wagdole 2nd Jt. CJJD & JMFC Tuljapur, Osmanabad

16 Shri Vinod Mulchand Bansod Jt. CJJD & JMFC Anjangaon, Amravati

17 Ms. Reena Suresh Rai Jt. CJJD & JMFC Junnar, Pune

18 Shri Chandrabhushan Namdeorao Ondare CJJD & JMFC Dharmabad, Nanded

19 Shri Amardeep Dadarao Tidke CJJD & JMFC Ghansawangi, Jalna

20 Shri Nitin Chandrakant Pawar CJJD & JMFC Washi, Osmanabad

21 Shri Rohit Prembahadur Yadav CJJD & JMFC Shirur-Ksar, Beed

22 Ms. Pragati Bhaskar Yerlekar 5th Jt. CJJD & JMFC Amravati

23 Shri Suhas Prabhakar Bhosale 6th Jt. CJJD & JMFC Islampur, Sangli

24 Shri Rahul Kamalkishor Purohit Jt. CJJD & JMFC Amgaon, Gondia

25 Shri Kiran Kashinath Ghule 7th Jt. CJJD & JMFC Solapur

26 Shri Deepak Rameshchandra Bhola CJJD & JMFC Armori, Gadchiroli

27 Ms. Bhagyashree Ashok Kaduskar 2nd Jt. CJJD & JMFC Bhandara

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Sr. No.

Name of Judicial Officers Designation Posting

28 Shri Manoj Janardhan Mohod CJJD & JMFC Bhadgaon, Jalgaon

29 Shri Sunil Dadarao Sawarkar Jt. CJJD & JMFC Tirora, Gondia

30 Shri Sachin Narayan Bhavsar 20th Jt. CJJD & JMFC Nagpur

31 Ms. Pratibha Prabhakar Khape Jt. CJJD & JMFC Satana, Nashik

32 Ms. Vidya Mahadeorao Dewar 4th Jt. CJJD & JMFC Chandrapur

33 Shri Ashish Dagadu Waman 3rd Jt. CJJD & JMFC Nashik Road, Nashik

34 Shri Ajit Balbhim Chavan CJJD & JMFC Uran, Raigad at Alibag

35 Shri Sharad Ginyandev Dubale 5th Jt. CJJD & JMFC Dhule

36 Shri Amol Sharad Deshmukh CJJD & JMFC Dharangaon, Jalgaon

37 Shri Vaibhav Chintamani Joshi Jt. CJJD & JMFC Khalapur, Raigad at Alibag

38 Shri Dhananjay Shriram Pisal 6th Jt. CJJD & JMFC Dhule

39 Shri Jayant Mahadeo Panchal CJJD & JMFC Chopada, Jalgaon

40 Shri Santosh Vishnupant Pawar CJJD & JMFC Nandura, Buldhana

41 Shri Vinod Vasantrao Patil Jt. CJJD & JMFC Mukhed, Nanded

42 Ms. Ratnamala Vyankatesh Dafrey 3rd Jt. CJJD & JMFC Bhandara

43 Shri Sopan Pandurang Rachkar Jt. JMFC Khadki (Cont.), Pune

44 Shri Jayraj Ramesh Ghadge 21st Jt. CJJD & JMFC Nagpur

45 Shri Gopal Damodar Agrawal 22nd Jt. CJJD & JMFC Nagpur

46 Shri Dhiraj Sarwanand Parwani 23rd Jt. CJJD & JMFC Nagpur

47 Shri Rajesh Yashwantrao Khandare Jt. CJJD & JMFC Morshi, Amravati

48 Shri Digambar Narsingrao Chamle CJJD & JMFC Mahagaon, Yavatmal

49 Shri Anand Devidasrao Karbhajan 2nd Jt. CJJD & JMFC Warora, Chandrapur

50 Shri Nilesh Rajaram Indalkar Jt. CJJD & JMFCDhamangaon Rly.,

Amravati

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