minutes of the workshop on 26.09.2015
TRANSCRIPT
Minutes of the Workshop held on 26.09.2015 at Ananthapuramu
Presided over by the Chair Person Hon’ble Administrative Judge
Sri P.Naveen Rao garu, Judge of High Court of Judicature
for the State of Telangana and Andhra Pradesh
As per the direction of the Hon'ble High Court workshop was conducted on the
topic of “Judgment writing in general and Judicial Ethics.” The sub-topics included in the
workshop are
Tips about writing Judgments,
Framing of Issues and Judgment Writing,
Writing reasoned orders and
Cannons of Judicial Ethics; Conduct, Character and Integrity of a Judicial Officer.
The District Judge being Nodal officer chosen Sri S.Kamalakara Reddy,
Prl. Junior Civil Judge to assist him. The Dist. Judge took all necessary steps to conduct
workshop under the guidance of Hon'ble Administrative Judge. The District Judge had
been in touch with the Administrative judge in finalizing the modalities to conduct
workshop.
The Dist. Judge had contacted Sri Justice Ranga Reddy, former Judge High Court
of AP and other Rtd., Dist Judges to contribute articles and participate in the workshop.
Sri Justice Ranga Reddy garu readily accepted to participate in the workshop. The Dist.,
Judge contacted several professors of the SK University. Sri Sheshaiah garu, Retd.,
professor and Sri Vijayakumar garu professor, Dept of Law, S.K University consented to
contribute articles and participate in the workshop.
All the arrangements were made to receive and oversee the resource persons. Their
travel arrangements were taken care of. The Protocol Magistrate Sri Bujjappa received
the resource persons on the date of the workshop and saw them off after conclusion of it.
The Dist Judge identified two Judicial Officers namely Sri Fazululla, Senior Civil
Judge, Kadiri and Sri Kamalakara reddy, Prl., Junior Civil Judge, Ananthapur a month
before the date of workshop to prepare relevant papers and to pick up citations .
Accordingly, the above nominated Judicial Officers presented articles and placed recent
case law on the subject chosen while the workshop was in progress. Directions were also
sent to all the Judicial Officers in the district to contribute paper on the main and sub
topics.
Prl Dist., Judge of Anantapur, 3rd
Addl., Dist Judge of Anantapur, Sr., Civil Judge
of Dharmavaram, Pr., Jr., Civil Judge of Anantapur, Kadir, Jr., Civil Judge of Kadiri,
kalyanadurg, Rayadurg, Madakasira and Tadipatri presented papers on Cannons of
Judicial Ethics.
Senior Civil Judge of Dharmavaram contributed paper on Judgment writing. Sr.,
Civil Judge of Kadiri contributed paper on Framing of Issues-Judgment writing. Prl.,
Junior Civil Judge submitted paper on Writing Reasoned Orders.
All the Judicial Officers in the District participated in the workshop conducted on
Minutes of the First Workshop Ananthapuram
26.09.2015
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26-9-2015 except Sri Ramulu, the II Addl., Dist., Judge Hindupur, being absent on
medical grounds. It is not out of place to mention that five courts are kept vacant. The
Hon'ble Adminstrative Judge Sri Naveen Rao garu in the capacity of Ex-Officio
Chairperson and chief mentor of the programme participated in the workshop.
The entire day of the workshop had been divided into four sessions.
Session Topic Duration
I Tips on Judgment Writing 10-00 AM to 11-30 AM
II Framing of Issues and Judgment Writing 11-50 PM to 1-00 PM
III Writing Reasoned Orders 1-45 PM to 3-00 PM
IV Cannons of Judicial Ethics; Conduct, Character
and Integrity of a Judicial Officer 3-20 PM to 5-00 PM
At 9-30 AM the Hon'ble Adminstrative Judge, the Dist Judge and all the Judicial
Officers assembled in front of the Dist Court Building and a group photo was taken.
Thereafter all the officers went to the Dist., Court Hall and occupied their allotted seats.
Inaugural session was commenced at 9-45 A.M by inviting the following
dignitaries on to the dias by Smt Suneetha, III Adll., Dist Judge., Anantapur.
Sri Justice P.Naveen rao garu
Sri Justice Rangareddy garu.
Sri vijay Kumar Prof Head of the Dept S.K University.
Sri Seshaiah former Prof Law dept., S.K University.
As a token of respect flower bouquets were presented to them. Hon'ble
Administrative Judge P.Naveen Rao garu lighted the lamp and declared the
commencement of the workshop.
The Principal District Judge Sri Ganesh Babu in his opening remarks welcomed
the Hon'ble Adminstrative Judge and other Judicial Officers and resource persons to the
workshop. As a pious duty Dist, Judge submitted the profile of the Hon'ble
Administrative Judge to the participants.
Thereafter, the District Judge in his opening remarks submitted as follows:
We all knew that for any statute what we find in the beginning is the word
PREAMBLE. Preamble gives the purpose and object for which it is meant. Similarly for
Judicial Officers’ workshop preamble is incorporated at the behest of the Hon'ble Acting
Chief Justice of High Court of Judicature for the State of Telangana and Andhra Pradesh.
The preamble envisages as follows:
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26.09.2015
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“To equip the Judicial Officers with sound knowledge in law, substantive as well
as procedural, and in such other faculties as may be felt necessary from time to time to
enable them to discharge their functions confidently and efficiently maintaining high
degree of rectitude”.
It is our lordship Hon'ble Acting Chief Justice's brain-child. In this regard I would
like to place before the participants that though it is not visible but you can see a hidden
icon in the above preamble pertaining to motivation. Motivation is very important in
order to inculcate efficiency maintaining high degree of rectitude. For this reason our
Hon'ble Acting Chief Justice has introduced this workshop stretching the entire calendar
year dealing with various subjects which are also enunciated in the programme. This
motivation is quite essential to reach the goal set up by the Hon’ble High Court aimed at
the Judicial Officers. It is necessary to recaptulate ourselves the circumstances under
which the Power Point presentation (PPT) was introduced in our District Judiciary. On
the last occasion i.e., on 1-8-2015, his lordship before coming to Anantapur to preside
over the District level Judicial Officers conference, suggested to me that “why do not we
introduce paper-less District Judicial Officers Conference.” Accordingly with your
lordships able guidance and direction the paperless conference was held on 1-8-2015
relatively in a successful manner. With the same zeal and encouragement, now we are
conducting the paperless workshop through PPT.
All of you knew that the workshop will have four sessions, each session is covered
by a topic approved by the Hon'ble High Court. The topic in the first session is :
Judgment writing in general; the topic in the second session is : Framing of issues and
judgment writing, the topic in the third session is : Writing reasoned order, and the topic
in the fourth session is for discussion on Ethics.
For these topics the participants have been identified in advance to submit papers
and after that the resource person of the concerned topic will initiate the discussion on the
said topics and involvement of the participants is also important in this workshop by
raising doubts. Moreover as I reminded you, the hidden icon motivation is concern, the
live example we can find in the Hon'ble Administrative Judge who is the role model as
far as Discipline, Motivation and upholding the Dignity and Decorum of the Judiciary
concern.
In this regard, I would like to submit that our Hon'ble Administrative Judge
recently put a target in the paperless conference, not by command but by his lordship
soberness, in a very gentle way, that by next coming programme ie., today's workshop
that all the Judicial Officers try to reduce the pendency to the level of opening pendency
as on 1-1-2015.
My lord, my brother and sister Judges of Anantapur unit, put their relentless efforts
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26.09.2015
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to reduce the pendency. I would like to place the statistics before your Lordship through
PPT.
34854
17981 17521
35314
0
5000
10000
15000
20000
25000
30000
35000
40000
Pendency 01-01-2015
Institutions Disposals Pendency 23-09-2015
Opening Balance 19720 AFT:1581
LA :314
OW: 4642
Institutions 7492
Disposals 6537
Closing Balance 20675
Civil Side Criminal Side
1.31% Increase in Pendency
Opening Balance 15134 AFT: 3163
LA : 3857
OW: 3964
Institutions 10489
Disposals 10984
Closing Balance 14639
** LA : Lok Adalat OW : Other wise
Consolidated Statement for the Period from 01.01.2015 to 23.09.2015
34854
35314
Disposal Rate : 33.16%
The above statistics itself cannote that the gap is only a margin of 456 cases. The
reasons are so many for not reaching the targets. One of the reasons is vacancy of five
courts, the other one is abstaining of the advocates from attending courts for various
reasons during the crucial period. Further there is no contribution from the District courts
in disposal of cases under the M.V Act on account of directions to take steps to add the
driver of the crime vehicle as one of the respondent in the claim petition.
After your Lordship visit, National Lok-Adalath was held on 8-8-2015 thereafter
on 12-9-2015, Your Lordship can find tremendous increase in disposal of the cases in the
latest National Lok-Adalath compared to earlier National Lok-Adalath and the same can
be visualized in the following graph.
460
1228
0
200
400
600
800
1000
1200
1400
No. of cases Settled 08-08-2015
No. of cases Settled 12-09-2015
Disposal rate is increased 2.66 times
Statement showing the Difference between the LokAdalats held on
08-08-2015 and 12-09-2015
460
1228
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26.09.2015
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I believe by your Lordships spontaneous encouragement, support given to us, we
can achieve the target in the near future. This type of motivational push-up, by your
Lordship, is required for the Judicial Officers, because every Judicial Officer have inbuilt
skills and knowledge but somebody should be there to motivate them to do more work in
the interest of institution in general and to the litigant public in specific.
Likewise, when your Lordship came to the Judicial Officers Conference your
Lordship instructed me to take up recruitment process which was put on hold by the order
of the Hon'ble High Court. So I have taken up the recruitment process for Process
Servers as directed by the Hon'ble High court in order to minimise the hardship which the
Judicial Officers are facing on account of dearth of staff.
I could submit the panel for the Process Servers to the Hon'ble High Court within
a span of one month and here also I would like to bring to the notice of my brother and
sister Judges that so far as this recruitment process concern I never received a single
phone call from Hon'ble Judge. Infact your Lordship has given a valuable advice to me
to make the recruitment process more transparent by adopting parameters for awarding
marks for the oral interview so as to avoid discrimination. The Hon'ble Judge has also
given me one more suggestion to complete the recruitment process as early as possible so
as to avoid unpleasant situation. Here I submit that really your Lordship's guidance has
helped me a lot in submitting report to the High Court within a short span of time without
giving any scope for rumours. So this is exactly the hidden icon touching the motivation.
I don't want to take much time because submission of papers by concerned Judicial
Officers, initiating of discussions on such papers and, expecting, some discussion from
the participants.
You have seen in the circular of the Hon'ble High Court that this workshop should
not be one sided just reading papers and submitting in the workshop but there should be
some fruitful and useful discussion also.
Therefore, I appeal to all the brother and sister Judges, after listening the
participants who presented their papers, interact and raise whatever doubts you have in
your mind and get them clarified from none other than the Hon'ble Administrative Judge,
whose presence, we should feel as a privilege, as in the normal circumstances, you will
not get this opportunity. Similarly the presence of professors, eminent academicians from
the S.K.University.
Now, I request the Hon'ble Administrative Judge to deliver valuable message on
the eve of this workshop.
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26.09.2015
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MESSAGE BY HON'BLE SRI JUSTICE NAVEEN RAO GARU, JUDGE,
HIGH COURT OF JUDICATURE FOR THE STATE OF TELANGANA AND THE
STATE OF ANDHRA PRADESH CUM ADMINISTRATIVE JUDGE FO
ANANTAPUR.
First of all I congratulate you for the work done by you in reducing the pendency.
I hope this will continue in future and it will give a good farewell to your Prl. District
Judge by bringing it to the negative side of the pendency compared to last visit. I am the
motivating person. I will be happy for that. However, I am not here to supervise you. I
am also one of the participant. We are all part of institution. The object of this workshop
is to motivate the Judicial Officers to get better output. The ordinary man will come here
and does not know about the problems with regard to the pendency and shortage of
Judicial Officers. The shortage of Judicial Officers is giving pressure on the existing
Officers. This will also have some impact on the output. This problem is everywhere
from top to bottom. I have gone through the papers given by you and after reading them
I am very happy and I am very confident that all of you are competent and you have done
good job. Therefore, the interaction is only to clear the doubts so as to give better output.
We have the privilege of Senior Judge Sri Justice Ranga Reddy garu, with his good
experience and knowledge as he worked from lower judiciary to the High Court, we can,
gain much from him. Participation of two professors from academic side will give good
influence to understand to the academic side what can be done. To initiate the discussion,
I just share one recent experience of District Judge. He participated in a workshop. In
that workshop an academician and mathematician participated and wanted to present a
paper. He wanted to adjudicate in this process. He gave an example like 5 persons were
in a dark room. One person was murdered. E was murdered. A, B, C, D were present in
the room. Nobody can see them. You have to decide who murdered E. A was 10 ft
nearer to E. B was 15 ft far away from E …... so on. Therefore, the possibility of
committing murder by A, B, C, D, has to be decided. Then he put it in facebook and
twitter. He invited the opinion of public. Basing on their opinion he analyzed. The most
possible logic is A must have committed the murder. This is not practically possible.
The academician and mathematician was not satisfied. He said why not possible.
Therefore said, we have to imagine several aspects. It is not like simple mathematical
theory. With this interaction I initiate to start the proceedings.
Thereafter Hon'ble Administrative Judge Sri P.Naveen Rao garu in his opening
remarks asked the Judicial Officer to actively participate in the workshop.
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26.09.2015
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I session commenced
The Resource person was Sri vijay Kumar garu.
The Profile of Sri Vijay Kumar was read out by Sri Srinivasulu, Addl., Sr.,Civil
Judge. ATP. Then, the paper on Judgment writing was presented by Smt shammi Sultana
The salient feature of the Judgment writing was presented shammi sultana
through PPT. They are as follows:
REASONING
Well reasoned Judgment appearlike a green fruit bearing tree.Judgment lacking proper reasoningappear like a tree having no life.The soul of a judgment is thereasoning to arrive at a rightdecision.The discussion part of thejudgment should not be dominatedby mere narration of deposition ofeach and every witness.Bachan Singh’s case (1980) 2 SCC683, and in Des Raj Vs State ofPunjab 2007 (8) SCJ 237
Reasoned Judgment is like fruit bearing tree and the Judgment without reasoning
is like a lifeless, dead tree useful only for firewood. Better eliminate discussion on
admitted facts. Go to the bottom and discuss the main dispute.
LANGUAGE, LINE &
LENGTH
•Expression of Impressive feelingsis a good communication skill.•We can learn from hearing thespeeches of Mahatma Gandhi andreading the books written by him.•Plain and simple language hasalways been appreciated inJudgment writing.•The language of the judgment isexpected to be easy understood.• Killo Kameswara Rao Vs State ofA.P. 2014(2) ALD (Crl) 982 ( heldthe language in which evidencerecorded and appreciated is farfrom satisfaction and is expectedto be some what better)
We can learn how to use language by reading the book of Mahatma Gandhi and
privy counsel Judgments.
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26.09.2015
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Resource person Sri Vijaykumar garu started Discussion
He stated that Judicial officers require language skills. If Judicial Officers have
good language they can write good judgments. The language should be simple, to the
point. He further stated that S.K university going to start a Language Lab. He stressed
that Judicial Officers should discuss their problems they encounter while discharging
their duties in the workshop. The Judicial officers shall not feel shy to discuss their career
problems and the problems they face during work. He further stated that Language and
Reasoning are relevant issues in writing Judgment. Corrections must be carried out while
delivering Judgment; do not delay in passing Judgments and the Judge was like a
soverign person discharging soverign duties. Then the discussion ensued.
Sri Raja Venkatadri, the Secretary, Dist Legal Services Anantapur put a question,
“whether or not an alternative Judgment can be passed?”
There was little confusion as what did alternative Judgment mean. Mr Kamalakar reddy
asked him to clariy whether alternative judgment means passing two judgments. Then Mr
Raja Venkatadri read out Sec 354(2) of Cr.P.C which says that “when the conviction was
doubtful under which of two sections, or under which of two parts of the same section, of
that code the offence falls, the court shall distinctly express the same and pass Judgment
in the alternative”.
Then our Hon'ble Adminstrative Judge clarified that
“Only when the conviction is doubtful of two sections judge can pass
judgment of alternative sections but it does not mean that the judge can
pass two judgments.”
Our Hon'ble Adminstrative judge Sri Justice Naveen Rao garu enlightened us
further on the aspect of 354(2) of Cr.P.C. Nextly Sri Raja Venkatadri the Secretary,
DLSA Anantapur raised another question
“What was the difference between logical reasoning and lawful reasoning.”
Then the discussion started among the participants. Some of the officers stated that
only lawful judgments can be passed but not logical judgments that the Judicial officers
were bound by Law and Precedents. Hon'ble Adminstrative Judge had made the
participant officer to understand that
“only lawful judgments with legal reasoning and orders can be passed and logical
judgments were like moral judgments that they had no place in the Justice Delivery
System in India since its inception. His lordship further stated that every judge
should draw a line in his mind dividing of these two concepts that ultimately the
judge had to pass only lawful judgments but not logical judgments.”
The Fist session was Concluded.
The Judicial Officers took a short tea break between 11-30 A.M to 11-50 A.M.
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26.09.2015
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II Session Commenced
Sri Fazulullakhan Sr., Civil Judge of Kadiri presented the paper on Issues-Judgment
Writing.
Judge shall pass judgment to express his views but not to impress anyone.
Judgment is to preserve opinion.
Through Judgments, the Judges provide Justice. To write judgments, the required
material comprising of parties, pleadings, issues, evidence, appreciation and arguments.
He further submitted as follows:
The object of an issue is to tie down the evidence and arguments and decision to a
particular question so that there may be no doubt on what the dispute is. The Judgment,
then proceeding issue-wise would be able to tell precisely how the dispute was decided. It
is mandatory on the part of the trial court to frame all necessary ISSUES arising from
pleadings ie., material proposition of fact and law, affirmed by one party and denied by
another. Each material proposition affirmed by one party and denied by other should form
the subject of a distinct issue. The correct decision of civil lis largely depends on correct
framing of issues, correctly determining the real points in controversy which need to be
decided. The fundamental functions of the court, as to before framing and recording
issues. Reading the plaint and written statement. Oral Examination of party under rule 2
of the order X of CPC and Hearing the parties or their pleaders. As per the amended Rule
2 of Order XIV by Amendment Act 1976 a court shall pronounce judgment on all issues
both of law as well as facts, not withstanding that a case may be disposed of only on a
preliminary issue. Even if an issue is not framed, Court can decide it if both parties had
led evidence thereon.
PradeepKumar vs. Mahavir Pershad, 2002 (6) ALT 360.
Unless the trial courts judgment is based on independent assessment of the
relevant evidence on all issues, it would not amount to substantial compliance Settlement
of issues and determination of suit on issues of law or on issues agreed upon under Order
XIV of CPC.
In a decision held between A.Shanmugam Vs Ariya Kshatriya Rajakula Sangam
represented by its president reported in (2012) SCCR 565, the Hon’ble Supreme court has
taken the view
“Framing of issues is a very important stage of a civil trial. It is imperative for a judge to
critically examine the pleadings of the parties before framing of issues. Rule 2 of Order X
CPC enables the Court, in its search for the truth, to go to the core of the matter and
narrow down, or even eliminate the controversy.”
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26.09.2015
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The Hon’ble Supreme Court further held as follows “if issues are properly framed,
the controversy in the case can be clearly focused and documents can be properly
appreciated in that light. The relevant evidence can also be carefully examined. Careful
framing of issues also helps in proper examination and cross-examination of witnesses
and final arguments in the case.”
After completion of the presentation of paper our Hon'ble Administrative Judge
informed the participants that two other officers contributed papers on Judgment writing
and asked one of the officer Sri Devendra Reddy, Junior Civil Judge, Madakasira, to
present his paper. Accordingly the officer presented his paper.
Then the discussion ensued.
Sri Audhunarayana, Addl. Junior Civil Judge, Kadiri raised a question
“Can a Court go into question and decide any aspect without framing issues?”
Then the District Judge involved in the debate and addressed the gathering that `
“Despite issue is not framed, court has power to go into that
question and decide that aspect of the subject matter in case of
sufficient evidence is adduced by both parties on pleadings . At
this juncture, it is appropriate to refer ruling in
Mohd.Kareemuddn Khan vs. Syed Aza, where it was observed
that Defendant pleading perfection of title by adverse
possession. Issue not framed. However, evdience adduced by
both sides on the disputed matter. Court is not barred to go into
that question and decide that aspect of the matter. In another
case, Sunyabasi Pikra vs. Paramanand Ranasingh, it was held
that ” Both parties have laid evidence, both documentary and
oral touching that issue. Non-framing that particular issue is
immaterial. “ It is thus clear that if the there are pleadings and
sufficient evidence is available on record, the Court can go into
that question, even if issue is not framed on that question, and
decide that aspect of the matter. ”
In this regard cited the Judgment of Mohd.Kareemuddn Khan vs. Syed Aza,
where it was observed that Defendant pleading perfection of title by adverse possession.
Issue not framed. However, evdience adduced by both sides on the disputed matter. Court
is not barred to go into that question and decide that aspect of the matter. In another case,
Sunyabasi Pikra vs. Paramanand Ranasingh, it was held that ” Both parties have laid
evidence, both documentary and oral touching that issue. Non-framing that particular
issue is immaterial. ”
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26.09.2015
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It is thus clear that if the there are pleadings and sufficient evidence is available on
record, the Court can go into that question, even if issue is not framed on that question,
and decide that aspect of the matter. However, in some of the cases, the matters will be
remaded to the trial courts for failure to frame issues. In Syed Mahmood
vs. Dr.Manik Chandra 1998(3) An.W.R.340, it was observed that issues were framed and
therefore, the matter remitted back to trial court to frame issues as indicated and give
reasonable opportunity to the parties to lead evidence etc.
One of the officers during the discussion has raised a doubt
“Whether the Judgments of Hon’ble Supreme court and High court
can be said to be incorrect and same is not applicable to the case
before him?”
Then the Hon'ble Admnistrative Judge intervened and commented as follows:
Within the parameters of law, you can say that you are differentiating
with the Judgment of the superior Court. Though it is binding on you,
you can assign reasons why you are differentiating with the Judgment of
the High Court or Supreme Court with the facts of the case. Similarly,
instead of taking the judgment of High court and Supreme court straight
away you give reasons for taking that judgment. When you look at the
principle of law you should analize why principle of law is broken
down. You can go back to the facts of the case and in that background
of the case you should say that this judgment is not applicable. Instead
of saying that the judgment is not applicable, you can say at the most the
facts are different. So what I am saying is you independently apply
your mind.
In the meantime Sri Vijayakumar, Resource Person, said that the judges should do
research/P.Hd. on which the Administrative Judge elaborated as follows.
A good judgment is written when a good assistance is received by the Judges.
Most of the time we won’t receive this. Good judgment can be given by the judge when
he receives good assistance. It is not possible for the judge to look into all aspects. It is
the duty of the advocate to do the research work and give report. You have to find out
legal position, you have to find out rule position, you have to find out precedent and then
come to the Court. We are constrained due to pressure of work. For most of us, it is a
major problem. Not being evaluated. This is where the academicians should seriously
think about. Here also there is classification. We have people coming with vast exposure
and from rural background. I studied in Telugu Medium up to intermediate and then
shifted to English Medium. It is something that the person’s attitude should change.
That is where the academicians should help them. They have to tell them that they can
Minutes of the First Workshop Ananthapuram
26.09.2015
Page 12 of 23
also prove. It is not a problem. Other judges are also rendering judgments. Therefore
advocates also should be told that they should also have exposure to law whether they
came from rural background or not and in longer run the Judiciary will have benefits with
academicians also.
The District Judge continued the discussion.
Issues need not be framed when there is no dispute with regard to
material averments in the plaint as observed in Desi Kedri vs.
Huzurabad Co-Operative Marketing Society Ltd., AIR 1994 AP
301. So once admitted facts are found out in the written statement,
actually there is no need to frame an issue. Once there is no need to
frame issue you can straight away pass an order.
But if you take the judgment of the Hon’ble Supreme Court, held between Ramesh
Chand Ardawatiya vs Anil Panjwani reported in AIR 2003 SC 2508, their Lordship held
as follows:
Even if the suit proceeds ex-parte and in the absence of a written
statement, unless the applicability of Order VIII Rule 10 of the CPC is
attracted and the Court acts thereunder, the necessity of proof by the
plaintiff of his case to the satisfaction of the Court cannot be dispensed
with. In the absence of denial of plaint averments the burden of proof on
the plaintiff is not very heavy. A prima facie proof of the relevant facts
constituting the cause of action would suffice and the Court would grant
the plaintiff such relief as to which he may in law be found entitled. In a
case which has proceeded ex-parte the Court is not bound to frame issues
under Order XIV and deliver the judgment on every issue as required by
Order XX Rule 5. Yet the Trial Court would scrutinize the available
pleadings and documents, consider the evidence adduced, and would do
well to frame the 'point for determination' and proceed to construct the ex-
parte judgment dealing with the points at issue one by one.
District Judge further stated that it is settled law that even though the defendant is
remained ex parte and not contesting the suit, then also, it is the duty of the Court to
ensure that the plaintiff must establish his case. So, in that contest of matter it is
necessary to frame an issue touching the relief sought for.
The Hon'ble Administrative Judge intervened in the discussion and clarified that a
formal point/ Issue has to be framed and the Judge has to answer it.
In order to make the participant officers to understand the said clarification in a
better way, given the following example.
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26.09.2015
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“A society posses a land, out of which some common areas identified. The portion
is earmarked for commercial development. The society enters into a lease agreement.
The lease holder filed a suit to an extent of lease granted to him incorporating the
common area which is the public property saying that this is the lease granted to him and
he makes the society as defendant and seeks for declaration. In such case the society also
says that yes it has entered into a lease agreement and consented for order in favour of the
landlord but the common areas is public property. If the Court gives declaration, what
happens? It is the discretion/discussion by the court. So issue has to be framed and then
only finding has to be given. He (Landlord) has to prove that the land belongs to society
that he has taken lease of it. He may say due to some problem the society has not handed
over the land to him. So we should be very careful when public property is involved.
The 2nd
session concluded. It was lunch break.
The participant officers including the Hon'ble Administrative Judge, resource
persons and staff took working lunch at Nyaya seva sadan Bhavan between 1-00 P.M to
1-45 P.M.
III Session Commenced
Mr Kamalakara Reddy presented his paper on Writing Reasoned Orders.
The salient features are as follows.
Every Order of the Judge
should be supported by
reasons.
Reason means to draw or
come to logical conclusions.
The Judge should place all the relevant information emerged from the material
produced by the parties which made him to reach conclusion in his orders, his reasoning
should be logically valid.
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26.09.2015
Page 14 of 23
“person who is going to be affected by
the Orders should be heard”
“both parties should be given fair
amount of opportunity to put-forth their
case”
“the Judge shall apply his mind and
decide the dispute by providing reasons”.
Pre-Compliance of 3 main
ingredients under
AUDI ALTERM PARTAM
to call it a Reasoned Order
.
Every litigant who
approaches the
Court with a prayer is
entitled to know the
reasons for acceptance or
rejection
of such request, if not it
amounts to
Denial of Justice.
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26.09.2015
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While speaking about purpose of the judgment :
(1) to clarify your own thoughts;
(2) to explain your decision to the parties
(3) to communicate the reasons for the decision to the public
(4) to provide reasons for an appeal Court to consider.”
As rendered by
Justice Roslyn Atkinson,
Supreme Court of Queensland
Sri Sheshaiah garu discussed the topic.
Judges are not computers. They are human beings. They should pass judgments
providing adequate reasons. How you base reasoning, Legal reasoning and inducting
reasoning. Understand the case and give reasons. People are forgetting the
JURISPRUDENCE. Jurisprudence is not a subject but it is a movement. Give reasons on
the basis of Jurisprudence. When the politicians are in the crisis Supreme Court will
come to their rescue.
The District Judge stated that quite often number of applications are being filed
before the courts of law to set aside exparte order U/O 9 r 7 and exparte decree U/O 9 r
13 and asked whether such applications, which should contain the sufficient cause and
good cause, lacking such sufficient and good grounds, be allowed or not. He further
posed a question whether such an application which was devoid of reasons over which
there was no opposition or objection can be allowed or not.
The debate continued. Some of the officers stated that if the application is devoid
of sufficient cause and good cause, they be dismissed summarily. Some said that such
applications may be either allowed or dismissed, however the order should be supported
by reasons. It is further said that on account of lapses on the part of the counsel, the
application should not be dismissed. Some of the participants said that on mere
technicalities such applications shall not be dismissed however if the judge wish to allow
or dismiss the such applications where there were no reasons or where there was no much
or no opposition, they may be allowed by reasoned orders. It is further stated that
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allowing or not allowing such applications depends upon facts and circumstances of the
case. In this regard, the mind of the Judge is in conflict either to simply dismiss the
petitions u/o 9 r 4, u/o 9 r 7, u/o 9 r 9 and u/o 9 r 13 for lack of reasons or ultimately to
ensure the disposal of the main case on merits and resolve the dispute and give a finalty
by following the Judgment of the Hon’ble supreme court that the case should not be
disposed off on mere technicalities.
In 1996 6 SCC 660 United Bank of India Vs. Naresh Kumar & Ors., it had been
held by the Hon’ble Supreme Court that
“Procedural defects which do not go to the root of the matter should not be
permitted to defeat a just cause. There is sufficient power in the Courts, under the Code,
to ensure that injustice is not done to any party who has a just case as for as possible a
substantive right should not be allowed to be defeated on account of a procedural
irregularity on mere technicalities which is curable.”
At this juncture Hon'ble Administrative Judge stated that it was the problem
encountered by all the judges even at the highest level.
This session was concluded. Tea break was taken between 3-00 P.M to 3-20 P.M.
After the tea break the IV session commenced.
IV Session Commenced
Sri Ganesh Babu presented his paper on Judicial Ethics.
The salient features are as follows:
He has expanded the word ETHICS in the following manner.
ETHICS
E Etiquette
T Trust
H Honesty
I Impartiality
C Courtesy
S Sagacity
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He further analyzed each alphabet in this way.
Etiquette: Etiquette is a code of behaviour that delineates expectations for social
behaviour according to contemporary conventional norms within a society, social class or
group. One should maintain at any cost professional etiquette.
Trust: The dictionary meaning of the word Trust is firm belief in someone. The
Judicial Officers should gain Trust from the litigant public.
Honesty: A man free of deceit, “Truthful and sincere”. Thus all human beings on this
earth should have honest living. In the case of Judicial Officers, they must not only be
honest to the core, but should not create even a room of doubt in the minds of litigant
public from the temple of Justice.
Integrity: The ordinary meaning of the term Integrity is the quality of having strong
moral principles, so also internal consistency and free from corruption. Every person
more so the Judicial Officer should promote integrity.
Courteous: One should be polite, respectful and considerate. Coming to the Judiciary,
the Judge must treat litigant public, advocates and staff in a Courteous manner.
Sagacity: One should be sagacious by showing good Judgment.
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Defining the Terms
We often use words like ethics and values, but for all the talk of ethics in law
enforcement, it's important to establish what ethics and ethical behavior are, and what
they aren't.
Values: Values is the term given to those ideas, behaviors and actions that are important
to us. The societal values are those ideals that are held most dear by a culture or group,
and these are the values from which we derive our understanding and expectation of
ethics and ethical behavior.
Such ideals include: Integrity, Honesty, Hard work, Kindness, Compassion,
Empathy, Sympathy, Justice, Bravery.
These ideals, these so-called universal values.
Ethics is, in essence, doing the right thing, whatever that may be. The "right
thing" is based on those values society holds dear. Ethical principles are premised on the
notion that right is always right and wrong is always wrong.
Promoting Ethics and Ethical Behavior
Oath of Office
Code of Ethics
Representing the Badge
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After conclusion of the paper presentation the discussion ensued.
Sri Kamalakar Reddy, Prl. Junior Civil Judge, Ananthapuram raised an issue
“Whether a Judge can be a member of non-profit or non-
governmental., organisations or not?”
“Whether a Judge be a member of social media apps such as facebook,
whatsup & twitter etc., or not?”
“Whether a Judge can write a book, take up classes and receive
remuneration during his tenure as a Judge or not?”
Then, the Hon'ble Administrative Judge had clarified above questions by stating that,
“Judge can be member of social media apps but he should not be member
of public groups that he could be a closed group or Pvt., group member of
judicial officers' to exchange views on law and recent developments in law
and can enhance his skills.” “The Judicial Officers shall take care of that
no advocate should be a member to the above groups”
“He further stated that the Judge can produce books and takeup academic
classes but the remuneration he would receive shall be disclosed to the
Government.”
Sri Justice Ranga Reddy garu spoke about the Judicial Ethics.
A State consists of three organs, the Legislative, the Executive and Judiciary. The
Judiciary has neither the power of Purse nor the power of Sword nor even the Physical
force to enforce its own decisions. Inspite of it, the Courts have enjoyed high prestige
and commanded great respect of the people. This is because of the moral authority of the
Courts and the confidence.
Weakening of the Judicial system in the long run has necessarily the effect of
under mining the foundations of the democratic structure. The delays in disposal of
Cases has in some measure shaken the confidence of the people in the capacity of the
Courts to reduce their grievances and to grant adequate and timely relief. Any stress on
speedy disposal of Cases at the cost of substantive justice would impair the faith and
confidence of the people in Judicial System-perhaps in a much greater degree than would
be the case if there is delay on the disposal of cases. That would amount to substituting
one evil for another. For solving this problem, vacancies in all the categories should be
filled as soon as vacancies arise.
Preservation of a democratic society is the great task which the law has to
perform. If democracy is to survive, the rule of law must flourish. People respect Law, if
there is harmony between Law and Justice. The most important of the fundamental right
in our constitution is that of equality before law and equal protection of the laws. The trial
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Court Judge is the key man in our Judicial System, the most important and influential
participant in the dispensation of justice. The image of common man is projected by the
trial Court judges and this, in turn, depends upon their intellectual, moral and personal
qualities.
Errors committed by the trial Judge can sometimes be so crucial that they change
the entire course of the trial and thus result in irreparable miscarriage of justice. Apart
from that a rectification of the error by the appellate Court which must necessarily be
after a long lapse of time, can hardly compensate for the mischief which resulted from the
error committed by the trial Judge. Justice Hanna of Irish Free State observed “The real
basis of establishment of Law and Order lies in the competency, honest and fidelity of the
lower rank of Judges”.
Law is said to be one of the noble professions. The course of legal studies do not
contain any provision for effective and realistic acquisition of the skills necessary for
practice of law on administration of justice nor are the law graduates required to undergo
a Course of training before they are enrolled.
Law is perhaps the only profession for which there is no prescription of any
internship or housemanship before the graduates enter the profession. The law graduates
are enrolled without any training or equipment or any instruction in professional etiquette
of lawyers. I wish that in the interest of profession, Law Counsels do make fresh attempts
at reorganisation of legal education so as to provide that the law students get more
meaningful training, if not as part of course of study, at least as a pre enrolment of
exercise. He said that law nothing but refined common sense.
Conclusion:
The Nodal Officer / The Principal District Judge summed up the entire
programme. Nodal Officer observed “the entire day is exhilarating that all the participant
officers showed interest, participated actively”, however, the Nodal Officer hoped and
wished that by next workshop the participants would improve their presentation on the
topics to be presented and expected more interaction from the participants. He further
said “the inspirational message of the Hon’ble Administrative Judge in the beginning and
his Lordship’s involvement soon after the completion of submission of the papers by the
respective participants and the clarifications given by the Lordship to the doubts raised by
the participants made the workshop lively, electrifying and more interactive and thereby
the object for which the preamble of the workshop drafted is fully accomplished.”
Hon'ble Adminstrative Judge spoke on this occasion.
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Speech of Justice Sri P.Naveen Rao garu, Administrative Judge, High Court of AP., Hyd
It is surprise to notice from Sri Ranga Reddy, his commitment to the Judiciary and
his enthusiasm in the Judiciary. He has shared his experiences, with opening remarks as
well in response to the judicial officers presentation, what a Judicial Officer has to do and
not to do. Another surprising thing I have noticed is Sri Ganesh Babu, District Judge. He
immediately responded for the doubts and you (referring to Prl. District Judge)
immediately responded by referring to various provisions. He is a good leader what I
noticed. I am proud to say. You will be missing him in a few weeks from now. May be I
myself is also missing. The inputs given by him in his personal experience over a period
of time and the presentation and the hard work he has done can be seen in this
presentation and it is a very well presented one and a very good one and he has given a
new meaning for the word “Ethics” so far as this profession is concerned. I hope that it
will give you a new enthusiasm in dealing with the matters. The academic side version
was also very good, in fact this is a new experience for us and interacting with
academicians and knowing from them. It helps us in two ways. We do not interact with
academicians and of course we are not supposed to interact also. But how the Judges are
being viewed and being presented outside is now brought to our notice.
He has explained what are the weaknesses Judiciary is having and what are the
expectations of ordinary people on Judiciary. The assessment given by Mr. Seshaiah is
very useful and knowledgable. Over all I think Sessions went on well. I have gone
through all the articles before I came here and infact I made note of those officers who
presented articles. But my only suggestion is that there is room for improvement and I
hope by next time you prepare them well. Some shortcomings are noticed. My
assessment of the papers presented by the Officers is very good. Still there need be some
improvement and this (Workshop) be the first of its kind. Next time, I will request all of
you, to have more interaction and participation in the workshop. All of you prepare
papers on the topics. The next topic (in the next workshop) is Appreciation of evidence
in criminal cases. All of you please prepare well. Next time I will be here, but there will
be somebody in his place (refering to District Judge) to take care of it, things have to go
on. I wish him all success in his post retirement life.
I just wish to say, I thought of giving no detailed notes. I have gone through the
Notes prepared by you, most of the issues are covered there and I just tell you we have
two quotations which I thought very useful to all of us.
In “THE MAJESTY OF THE JUDICIARY” written by Hon’ble late Justice VR
KRISHNA IYER observed as under: Judges have the highest duty to the people of
administering justice, based on fearless truth, moral rectitude and negation of addiction
for power and lucre. Austerity, never ostentation, is the essence of forensic parameters.
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Declaration of wealth and high code of conduct are binding principles.
In “THE LITERATURE OF THE LAW” selected and introduced by Brian Harris,
he has extracted two contrasting views of two different countries and centuries apart.
LORD MANSFIELD at the trial of the radical John Wilkes, 1770 observed as under:
I will not do that which my conscience tells me is wrong, upon this occasion, to
gain the huzzas of thousands, or the daily praise of all the papers which come from the
press: I will not avoid doing what I think is right; though it should draw on me the whole
artillery of libels; all that falsehood and malice can invent, or the credulity of a deluded
populace can swallow.
Judge HILLER B ZOBEL at the trial of the Nanny, Louise Woodward, 1998
observed as under:
Elected officials may consider popular urging and sway to public opinion polls.
Judges must follow their oaths and do their duty, heedless of editorials, letters, telegrams,
picketers, threats, petitions, panellists and talk shows. In this country, we do not
administer justice by plebiscite.
Then he writes, “…. These extracts from two countires and two centuries apart,
exemplify the continuing vitality of the common law tradition……..”
Hon'ble Aministrative Judge further eloborated that these works of different
people of different ages relevant for us even in the present day context.
His Lordship further added “We see open discussion on various issues on TV
shows, example is Bombay incident and that I was talking about that Huzuz logic in the
morning . By doing that mathematics to the logic, the trial will be conducted by
everybody. Then there is no need of courts of law. Everybody says there is no need for
any system”.
“what we are doing now debate and discuss (referring to T.V shows over a crime)
and most of the English papers debated even now. Even a small incident 'mother killed
her daughter' will be discussed as to why it had happened and further discuss that because
her husband is not-balanced. And if she (mother) is a rich person then the media circulate
several jokes regarding that lady so on and so forth.
“If we go by that kind of trials, a day may come, people ask us to conduct trial
without adducing proper evidence”.
His Lordship further explained
“We also see lot of incidents. I will share one example with you. I was dealing
with a matter regarding the blocking of roads in Military Cantonment area of
Secunderabad. Initially my personal view prevailed over me and I granted an order.
Military people, in appeal, submitted that they needed to block the roads that if they
didn’t block the roads security problem would arise. Further submitted that because
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civilians were travelling through the roads, they were not able to organize security and
were not able to provide the training as they intended to. Then the Division Bench
remanded the matter for consideration. I gone through the record. Inspite of my personal
view that it should not be blocked, I allowed the military people to block the road. As far
as security is concerned, though civilians use it, it is a military road. And even now the
debate goes on that the roads should not be blocked. Several representations were made
to the Government of India, but, we are helpless. We have to go in accordance with law,
whether it was right or wrong, whether we agree or not”.
“The sessions are very knowledgeable and educative to me also. Several issues
have been discussed. More voluntary debate should be there by next workshop. I wish
you, keep in mind all these things, which we have been discussing since morning, are
known to us. Still we discuss them. They only help us to understand some kind of short
falls which we had unknowingly done or experienced. Wish you all the Best. I come soon
and involve in the debate next time. Thanking you.”
Prl., Dist., Judge further stated that it was heartening to note that all the participant
officers presented their papers by sending 'soft copies' to the Dist court. He further
elaborated that all the 'presented papers' were put in the Dist. Court website “e-courts,
Anantapur”, that the participant officers read out the papers on their respective topics by
going through their 'Laptops'. The salient features were being displayed through the PPT
while the officers were reading out, their papers.
Prl. District Judge stated that it was not out of place to acknowledge the
contribution of Sri Kamalakar Reddy, Prl. Junior Civil Judge, Ananthapuram to the Nodal
Officer in picking up the decisions and placed the same during the discussion in the
workshop and his contribution of technical know-how was applauded. He further
informed that he would be failing in his duty if he did not acknowledge the services
rendered by the Court Manager, Smt. Madhavi more particularly, in beautiful preparation
of salient features relating to the papers presented by the participant officers and
presentation of PPTs and also acknowledged the contribution of Sri H. Srinivasulu Junior
Assistant, OP Cell & his team and Sri Kiran Kumar , System Officer in operating the
PPT without interruption/pause and aptly and overseeing the arrangements.
After conclusion of the session Sri Bujjappa, the Addl., Judicial Magistrate of First
Class proposed vote of thanks to the dignitaries and invitees.
The workshop is finally concluded by 6.00 P.M.
Submitted By
N. Ganesh Babu,
Nodal Officer/ Prl. District Judge,
Ananthapuram.