2018 - 2019 Programme report

TAMIL NADU STATE JUDICIAL ACADEMY

ANNUAL REPORT

2018-2019

2

INDEX

Part

Abstract of Programmes held during the year 2018-2019

Page No.

I 4

Programme Description Place/Venue

II National Conference on Economic Offences: Emerging Dynamics

and Dimensions RCC*

11

III South Zone-II Regional Conference on Enhancing Excellence of the Judicial Institutions: Challenges and Opportunities

HQ* 19

IV Programmes for In-Service Judicial Officers

1

Refresher Courses

i District Judges HQ, RCC, RCM* 22

ii Senior Civil Judges HQ, RCC, RCM 35

iii Civil Judges HQ, RCC, RCM 46

2 Intensive Training Programme HQ 60

3 Further Intensive Training Programme HQ 61

V Special Programmes

1

Colloquium on Judicial District Administration: Issues and

Challenges HQ 61

2 One-day Special Evaluation Programme on Judgment Writing and other Skills for Civil Judges of 2015, Batch

HQ 64

3 Workshop on Prevention of Money Laundering Act HQ 65

4

One-day Orientation Programme on Adoption, Guardianship

and Juvenile Justice HQ 67

5 Special Training Programme on Recent Trends in Cheque

Bouncing Cases RCC 69

6 Training Programmes on Cyber Law, Cybercrimes, Electronic Evidence, and Other Aspects of Information Technology

District’s Headquarters

70

7 Sensitisation Programme on Juvenile Justice Law RCM 71

8 Workshop on Anti-Corruption Law: Practice and Procedure RCM 72

9 Seminar on Emerging Trends in Cyber Law and Artificial Intelligence: Impact on Investigation and Adjudication

HQ 73

10 Workshop on Cases Under Railway Property (Unlawful Possession) Act and Railways Act

HQ 74

11 Workshop on Laws Relating to Children: Changing Perspectives for Presiding Officers Dealing with Children Cases

RCC 75

12 Seminar on Labour Law: Problems and Perspectives HQ 77

13 Special Training Programme on Motor Accident Claim Cases RCC 78

3

14 Judicial Colloquium on Anti-Human Trafficking HQ 79

15

Seminar on Forest Laws: Need for Stringent Enforcement

and Application for Presiding Officers Dealing with Forest

Cases

RCC 82

16 State Consultation on Family Laws

RCM 83

17

One-day Special Evaluation Programme on Judgment

Writing and other Skills for Civil Judges of 2012, Batch RCC 85

18 Workshop on Special Procedure relating to NDPS Cases

86

VI Exchange Programme: Visit of Trainee Civil Judges Junior Division/Judicial Magistrates First Class from Maharashtra

Chennai 87

VII Training Programme on Information and Communication Technology Systems

RCC, RCM 89

VIII Training Programmes for Public Prosecutors

RCC, RCM,

Districts’

Headquarters

90

IX Training Programmes for Advocates Districts’

Headquarters 93

X

Training Programmes for Staff Members

1 Staff Members of the High Court of Madras Chennai and Madurai

95

2 Staff Members of the District Judiciary Districts’

Headquarters 96

XI Other Activities 103

XII Acknowledgement 104

XIII Way Forward 105

* HQ: TNSJA Headquarters, Chennai; RCC: TNSJA Regional Centre, Coimbatore; and RCM: TNSJA

Regional Centre, Madurai

4

PART-I

ABSTRACT OF PROGRAMMES HELD DURING THE YEAR 2018-2019 (in chronological order)

Sl. No.

Scheduled Programmes Place/

Venue Period

No. of

Participants

1 Refresher Training Course-I for Civil Judges (Batch-I)

RCC* 09.06.2018

and 10.06.2018

54


RCM* 09.06.2018

and 10.06.2018

54

3 Colloquium on Judicial District Administration: Issues and Challenges

HQ* 10.06.2018 94

4

Refresher Training Programme on Ubuntu Operating System and Case Information Software for Staff Members of all cadres (Batch-I)

Districts' HQ

23.06.2018 120


HQ 23.06.2018

and 24.06.2018

60

6 Refresher Training Course-I for District Judges

RCC 23.06.2018

and 24.06.2018

39

7 Refresher Training Course-I for Senior Civil Judges

RCM 23.06.2018

and 24.06.2018

74

8 Training Programme for Personal Assistants to the Hon'ble Judges

Chennai 23.06.2018

and 28.06.2018

32

9

Refresher Training Programme on Ubuntu Operating System and Case Information Software for Staff Members of all cadres (Batch-II)

Districts'

HQ

30.06.2018 150

10 Special Evaluation Programme on Judgment Writing and other Skills (Batch-I)

HQ 30.06.2018 79

11 Special Evaluation Programme on Judgment Writing and other Skills (Batch-II)

HQ 01.07.2018 77

12 Workshop on Prevention of Money Laundering Act

HQ 08.07.2018 75

13 Refresher Training Programmes for Junior Assistants

Districts' HQ

08.07.2018 1,637

5

Sl. No.


Venue Period

No. of

Participants

14 Training Programme for High Court Staff Members in the cadres of Section Officer / Court Officer / Appeal Examiner (Batch-I)

Chennai 21.07.2018 100

15 Training Programme for High Court Staff Members in the cadres of Section Officer / Court Officer / Appeal Examiner (Batch-I)

Madurai 21.07.2018 44

16 Refresher Training Course-I for District Judges (Batch-I)

HQ 21.07.2018

and 22.07.2018

47

17 Refresher Training Course-I for Senior Civil Judges

RCC 21.07.2018

and 22.07.2018

55

18 Refresher Training Course-I for District Judges

RCM 21.07.2018

and 22.07.2018

46

19 Refresher Training Course-I for Senior Civil Judges (Batch-I)

HQ 28.07.2018

and 29.07.2018

61

20 Refresher Training Course-I for Civil Judges (Batch-II)

RCC 28.07.2018

and 29.07.2018

54

21 Refresher Training Course-I for Civil Judges (Batch-II)

RCM 28.07.2018

and 29.07.2018

54

22 One-day Orientation Programme on Adoption, Guardianship and Juvenile Justice

HQ 05.08.2018 52

23 Refresher Training Programme for Court Managers (Phase-I)

RCM 05.08.2018 32

24 Ministerial Staff Training Programme for Typists in copy section, Readers, Examiners, Superintendents in copy section

Districts' HQ *

11.08.2018 1,422

25 Special Training Programme for Public Prosecutors (Regular cadre)

12.08.2018 84

26 Refresher Training Course-I for Civil Judges (Batch-III)

RCM 12.08.2018 54

27 Training Programmes on Cyber Law, Cybercrimes, Electronic Evidence, and other aspects of Information Technology

Districts' HQ

13.08.2018 and

01.10.2018

34

6

Sl. No.


Venue Period

No. of

Participants

28 Special Training Programme on Recent Trends in Cheque Bouncing Cases

RCC 18.08.2018 37


RCM 18.08.2018 116

30 Refresher Training Course-I for Senior Civil Judges (Batch-II)

HQ 18.08.2018

and 19.08.2018

60

31 Sensitisation Programme on Juvenile Justice Law

RCM 19.08.2018 34

32 Workshop on Anti-corruption Law: Practice and Procedure

RCM 25.08.2018 57

33 Refresher Training Course-II for Civil Judges (Batch-I)

RCC 25.08.2018

and 26.08.2018

51

34 Training Programme for High Court Staff Members in the cadres of Assistant Section Officer / Assistant (Batch-I)

Chennai 15.09.2018 100

35 Training Programme for High Court Staff Members in the cadres of Assistant Section Officer / Assistant (Batch-I)

Madurai 15.09.2018 80

36 Ministerial Staff Training Programme for Typists (other than those in copy section), Stenographers and Executive Assistants

Districts' HQ

15.09.2018 2,158

37 Refresher Training Course-I for District Judges (Batch-II)

HQ 15.09.2018

and 16.09.2018

51

38 Refresher Training Course-II for District Judges

RCC 15.09.2018

and 16.09.2018

39


RCM 15.09.2018

and 16.09.2018

56

40 Refresher Training Course-II for Civil Judges (Batch-II)

RCC 29.09.2018

and 30.09.2018

56


RCM 29.09.2018

and 30.09.2018

54

42 Exchange Programme: Visit of Trainee Civil Judges Junior Division/Judicial Magistrate

HQ 24.09.2018

to 40

7

Sl. No.


Venue Period

No. of

Participants

First Class (Deputed by Maharashtra Judicial Academy)

27.09.2018


HQ 29.09.2018 144

44 Training Programme for advocates with upto 5 years practice

Districts' HQ

29.09.2018 1370

45 Seminar on Emerging Trends in Cyber Law and Artificial Intelligence: Impact on Investigation and Adjudication

HQ 30.09.2018 75

46 Training Programme for advocates with above 5 years and upto 10 years of practice

Districts' HQ

30.09.2018

47

Training Programmes on Cyber Law, Cybercrimes, Electronic Evidence, and other aspects of Information Technology for the districts of Dindigul, Theni, Coimbatore and Tiruppur

Districts' HQ

03.10.2018 to

06.10.2018

48 Ministerial Staff Training Programme for Junior Bailiffs, Senior Bailiffs, Deputy Nazirs and Central Nazir

Districts' HQ *

07.10.2018 2,920

49 Workshop on Cases under RP(UP) Act and Railways Act

HQ 27.10.2018 70

50 Refresher Training Course-II for Senior Civil Judges

RCC 27.10.2018

and 28.10.2018

54

51 Refresher Training Course-II for District Judges

RCM 27.10.2018

and 28.10.2018

48

52 Training Programme for High Court Staff Members in the cadres of Private Secretary Personal Assistant

Chennai 27.10.2018 100

53 Training Programme for High Court Staff Members in the cadres of Private Secretary Personal Assistant

Madurai 27.10.2018 63

54 In-service Training Programme for Public Prosecutors (Batch-I)

RCM 24.10.2018

to 27.10.2018

322

55 Refresher Training Course-II for Senior Civil Judges (Batch-I)

HQ

10.11.2018 and

11.11.2018

60

8

Sl. No.


Venue Period

No. of

Participants

56 Workshop on Laws relating to Children: Changing Perspectives

RCC 10.11.2018

and 11.11.2018

49

57 Refresher Training Course-II for Senior Civil Judges

RCM 10.11.2018

and 11.11.2018

76

58 Ministerial Staff Training Programme for Record Clerks and Record Keepers

Districts' HQ

10.11.2018 42

59 In-service Training Programme for Public Prosecutors (Batch-II)

RCM 14.11.2018

to 17.11.2018

60 Seminar on Labour Law: Problems and Perspectives

HQ 17.11.2018 53

61 Refresher Training Course-II for Civil Judges (Batch-III)

RCM 17.11.2018

and 18.11.2018

51

62 Special Training Programme on Motor Accident Claim Cases

RCC 18.11.2018 51

63 Judicial Colloquium on Anti-Human Trafficking

HQ 24.11.2018 109

64 Seminar on Forest Laws: Need for Stringent Enforcement and Application

RCC 24.11.2018 44

65 Consultation on Family Court Matters RCM 24.11.2018 63

66

State-level Consultation on Effective Implementation of Juvenile Justice Act, 2015 and Linkages with the POCSO Act, 2012

HQ 25.11.2018 60


HQ 15.12.2018

and 16.12.2018

47

68 Refresher Training Course-III for Civil Judges (Batch-I)

RCC 15.12.2018

and 16.12.2018

54

69 Training Programme for High Court Staff Members in the cadres of Section Officer / Court Officer / Appeal Examiner (Batch-II)

Chennai 15.12.2018 100

70 Training Programme for High Court Staff Members in the cadres of Section Officer / Court Officer / Appeal Examiner (Batch-II)

Madurai 15.12.2018 42

9

Sl. No.


Venue Period

No. of

Participants

71 Ministerial Staff Training Programme for Assistants / Bench Clerks – Grades I, II and III, and Translators

Districts' HQ

15.12.2018 2,174

72 In-service Training Programme for Public Prosecutors (Batch-IV) and Police Officers (Batch-II)

RCM 17.01.2019

to 20.01.2019

95

73 South Zone-II Regional Conference on Enhancing Excellence of the Judicial Institutions: Challenges and Opportunities

HQ 19.01.2019

and 20.01.2019

120

74 Refresher Training Programme on Computer Operation and System Administration

HQ 27.01.2019 155


RCC 27.01.2019 121


RCM 27.01.2019 166

77 National Conference on Economic Offences: Emerging Dynamics and Dimensions

RCC 16.02.2019

and 17.02.2019

156

78 In-service Training Programme for Public Prosecutors (Batch-V) and Police Officers (Batch-III)

RCM 20.02.2019

to 23.02.2019

106

79 Training Programme for High Court Staff Members in the cadres of Assistant Section Officer / Assistant (Batch-II)

Chennai 23.02.2019 100

80 Training Programme for High Court Staff Members in the cadres of Assistant Section Officer / Assistant (Batch-II)

Madurai 23.02.2019 101

81 One-day Training Programme for advocates with upto 5 years practice

Districts' HQ

23.02.2019


HQ 23.02.2019

and 24.02.2019

67

83 Refresher Training Course-III for District Judges

RCM 23.02.2019

and 24.02.2019

47

84 Refresher Training Programme for Court Managers (Phase-II)

RCC 24.02.2019 32

85 One-day Training Programme for advocates with above 5 years and upto 10 years of practice,

Districts' HQ

24.02.2019

86 In-service Training Programme for Public Prosecutors (Batch-VI) and Police Officers (Batch-IV)

RCM 06.03.2019

to 09.03.2019

115

10

Sl. No.


Venue Period

No. of

Participants

87 Workshop on Special Procedure relating to NDPS cases

RCC 16.03.2019 64

88 Refresher Training Course-II for Senior Civil Judges (Batch-II)

HQ 16.03.2019

and 17.03.2019

61

89 Refresher Training Programme on Court and Office Administration

RCC 17.03.2019 105

90 Refresher Training Programme on Court and Office Administration

RCM 17.03.2019 108

91 In-service Training Programme for Public Prosecutors (Batch-VII) and Police Officers (Batch-V)

RCM 20.03.2019

to 23.03.2019

123

92 Refresher Training Course-III for Senior Civil Judges

RCC 23.03.2019

and 24.03.2019

39

93 Refresher Training Course-III for Civil Judges (Batch-III)

RCM 23.03.2019

and 24.03.2019

67

94 Special Evaluation Programme on Judgment-writing Skills for Civil Judges recruited in the year 2012 (Batch-I)

HQ 30.03.2019 89

95 Special Evaluation Programme on Judgment-writing Skills for Civil Judges recruited in the year 2012 (Batch-II)

HQ 31.03.2019 90

96 Refresher Training Course-III for Senior Civil Judges

RCM 30.03.2019

and 31.03.2019

74

* HQ: TNSJA Headquarters, Chennai; RCC: TNSJA Regional Centre, Coimbatore; and RCM:

TNSJA Regional Centre, Madurai

11

PART-II

NATIONAL CONFERENCE ON ECONOMIC OFFENCES: EMERGING

DYNAMICS AND DIMENSIONS

A two-day National Conference on Economic Offences: Emerging

Dynamics and Dimensions, was held on 16th and 17th February 2019,

at TNSJA Regional Centre, Coimbatore. Hon’ble High court Judges,

Directors of State Judicial Academies and District Judges in all, 164,

from across the country, participated in the Conference. The

Conference was spilt into six working sessions on various topics vis-à-

vis economic offences, besides the inaugural and valedictory sessions.

INAUGURAL SESSION

Hon’ble Mr. Justice S. Manikumar, President, Board of

Governors, Tamil Nadu State Judicial Academy, delivered welcome

address, giving the statistics of the economic crimes for the past few

years, and enumerating the steps taken by TNSJA from

conceptualization till completion of making arrangements in

organizing the programme, and said that the best of the resource

persons in the domain of economic offences, as available in the

country, have been roped in, for better discussion and deliberations.

Special Address was given by Mr. P.H. Aravind Pandian,

Additional Advocate General, Tamil Nadu. He said that in other

countries, the judges, who are trying economic offences, are experts in

the field and thus, there is a need for specialised, qualified judges and

prosecution counsel for prosecuting this kind of offences. He also

explained the important role of the courts dealing with economic

offences.

Hon’ble Dr. Justice Vineeth Kothari, Judge, High Court of

Madras, offered keynote address, posing a question whether the

judicial system in India is equipped and manned by competent and

12

well-trained judges at all levels to face challenges or the old

time-tested wisdom and knowledge of IPC, Cr.P.C. and the

Constitution, are good enough to deal with new types of cases, and

emphasised that the need of the hour is that the presiding officers of

Subordinate Judiciary, who man the courts of first instance and deal

with this kind of cases, have to be trained and equipped in a much

targeted manner.

Delivering presidential address, Hon’ble Mrs. Justice Vijaya

Kamlesh Tahilramani, Chief Justice, High Court of Madras, and

Patron-in-Chief, Tamil Nadu State Judicial Academy, highlighted the

activities of Tamil Nadu State Judicial Academy since its inception

from the year 2001, and focused on the various dimensions of

economic crimes, while underlining the need for keeping abreast of the

developments of the law in this domain. Her ladyship quoted the

Chinese proverb, “Tell me and I forget; Show me and I remember;

involve me and I understand”.

Inaugurating the Conference, Hon’ble Ms. Justice Indira

Banerjee, Judge, Supreme Court of India, pointed out that the

economic offences not only affect the individuals, but also the

economy of the country and the integrity of the nation, and said that

in the recent times, the law on economic offences has transformed in

such a manner that it prompted introduction of amendments to the

existing statutes and enactments of new law.

Hon’ble Mr. Justice T.S. Sivagnanam, Judge, High Court of

Madras/Member, Board of Governors, Tamil Nadu State Judicial

Academy, proposed vote of thanks and called upon the delegates of the

conference to utilize the opportunity to enrich their knowledge in the

matter of economic offences.

13

Session – I

OVERVIEW OF THE CHANGING DETERMINATS IN TRIAL OF ECONOMIC OFFENCES

The Speaker Hon’ble Mr. Justice Seetharama Murti, Judge,

High Court of Andhra Pradesh, emphasised the fact that the Economic

offences are not defined anywhere in the Act and insisted on the point

that the LGP (Liberalization, Globalization, Privatization) and advent of

new electronic gadgets and technologies paved the way for sheer

increase in economic offences.

The next speaker, Hon’ble Mr. Justice Prakash Deu Naik,

Judge, High Court of Bombay, said that the traditional mode of

recording evidence needs change. In the light of the amendment to

Section-65B the of Evidence Act, in Rajesh Rangan Rao Vs. CBI, it was

held that balance has to be struck between right to liberty and interest

of society. In Anwar case, it was held that in order to avoid

manipulation of secondary evidence, certificate is required under

Section–65B of the Evidence Act. But, when the calls are intercepted

by enforcement, it could not be made admissible, since calls to

accused to co-accused may not have certificate under Section–65B of

the Evidence Act. In respect trials relating to economic offences, His

Lordship expressed his concern that even if there is a special wing for

Investigation of economic offences, if the investigation is not proper,

courts cannot convict the accused.

At the end of the session, the Chair Person, Hon’ble Ms.

Justice Indira Banerjee, Judge, Supreme Court of India, raised A

query that “As a trial judge, what do we do when electronic evidence is

tampered?”; judges expressed their views and opinion on the query

and in conclusion it was answered that the trial court judge can get

expert opinion u/s 45 of the Evidence Act. Her Lordship also

questioned “whether a court can regulate the witnesses whose

evidence is monotonous?” Hon’ble Mr. Justice Joymalya Bagchi,

14

Judge, High Court of Calcutta, has quoted Section 134 Cr.P.C. that

quality of evidence is more important than quantity and the court can

persuade the prosecutors to drop the witnesses.

Session – II

DIGITAL EVIDENCE: PRODUTION AND APPRECIATION

Hon’ble Mr. Justice K.N.Phaneendra, Judge, High Court of

Karnataka, expressed his concern over preserving and producing

electronic evidence by local investigators, Mr. Krishna Sastry

Pendyala, Director OF Digital Forensic, PwC, India, has shed some

light on gadgets and electronic data, which we come across in

day-to-day affairs and how it can be hacked or tampered by criminals.

He shared the various forms of hacking and stalking by the internet

and gadgets we use, where we might not even know that we are

hacked or stalked. The facts that were shared were interesting and

intimidating and he also expressed his concern over about proving the

evidence in court of law, and in conclusion, he suggested that the

Government insist upon the applications (Apps) to create Data

Localization for privacy and jurisdiction issues.

The 2nd speaker Mr. Harold D’costa, CEO and Principal

Consultant, Cyber Security, Intelligent Quotient Security System,

elucidated as to how to identify the genuineness of electronic evidence

and gave information regarding the storage of electronic evidence,

especially in social media platforms. He also expressed his concern

over the challenges that the investigating agencies face to support the

prosecution in convicting the criminals.

15

Session – III

AN INSIGHT INTO THE FUGITIVE ECONOMIC OFFENDERS

ACT,2018

The Chairperson Hon’ble Mr. Justice Joymalya Bagchi, Judge,

High Court of Calcutta, broadly explained the scope and objectives of

the Fugitive Economic Offenders Act. His Lordship said that the

growth of financial fraud, which is coined by the Supreme Court as

economic genocide, put the country’s economy into serious threat. He

added that jus cogens principle was formed internationally only for

war crimes and not for frauds, such as swindling the banks. In

conclusion, His Lordship wished every state in the world to form as

International Legal Family, to combat the act of extradition.

The first speaker, Hon’ble Mr. Justice P.Sam Koshy, Judge,

High Court of Chhattisgarh, highlighted the provisions of the Act and

the enactment part in general, and Mr. Vivek Narayan Sharma,

Advocate, Supreme Court of India, shared his thoughts on various

view points and procedural lapses in the Act.

Session – IV

AMENDMENTS OF PREVENTION OF CORRUPTION ACT, 1988:

IMPACT AND IMPLEMENTATION

The chairperson Hon’ble Dr. Justice G.Jayachandran, Judge,

High Court of Madras, explained the major changes made in

Prevention of Corruption Amendment Act, 2018 and detailed about the

evolution of the Act. The amendment includes public servants who

are not in office at the time of prosecution. His Lordship expressed his

concern over the omission of words “agreed to take money” in a

provision of the Act, by which the accused could take advantage

during the trial. A debate a as to how far the new provisions as

amended, are better than those which were in the Act before

amendment.

16

Mr. M.L. Sharma, Former Special Director, Central Bureau of

Investigation, explained the positive and negative dimensions of the

amendment where neither “enquiry nor inquiry” cannot be conducted

without permission from the Central Government under Section 17A

of the Act. He also elucidated the nuances of Section 7 where “undue

advantage or favours” are removed in the new amendment. Mr. Vinod

Kumar, Director, Central Vigilance Commission, stated that the new

amendment was extracted from UK Bribery Act and he quoted few

cases such as Vineeth Narayan case and Justice Ganguly’s judgment

and in conclusion, the provisions of new amendment act were

analyzed elaborately.

Session – V

THE PREVENTION OF MONEY LAUNDERING ACT,2002: EVOLVING

RECENT TRENDS

The chairperson of Session-V Hon’ble Mr. Justice P.N.

Prakash, High Court of Madras, kickstarted the session with an

extensive explanation about Money Laundering and history of

Enactment of Money Laundering Act. He brushed up the thoughts by

taking the participants through the important provisions of the

Prevention of Corruption Act, and the Money Laundering Act. Mr.

Karnal Singh, Former Director, Directorate of Enforcement,

extensively touched upon many cases of Money Laundering Act and

analysed the amendments made in the Act. He also illustrated the

impact of national economy by the offence of money laundering create.

Mr. Anand Grover, Senior Advocate, Supreme Court of India,

critically analyzed the Act and put forth questions to be debated and

interpreted both by legislative and judiciary. He also compared the

procedures in Cr.P.C. and Evidence Act with the new laws such as

PMLA and NDPS Act.

The chairperson in his concluding remarks said that the

pragmatic need be approach taken by judiciary, since conundrums

17

emerge as cases of scheduled offences are trial in Magistrate Courts

and PMLA cases in special courts.

Session – VI

FEMA (FOREIGN EXCHANGE MANAGEMENT ACT, 1999) AND

FCRA (FOREIGN CONTRIBUTION (REGULATION) ACT, 2010

The Chairperson Hon’ble Mr. Justice Devan Ramachandran,

Judge, High Court of Kerala, initiated the session with developments

of FOREX (Foreign Exchange Markets) and evolution of enactments

regulating it, such as FERA (Foreign Exchange Regulation Act, 1947 &

1973) and its transition into FEMA (Foreign Exchange Management

Act, 1999) and the overview of FCRA (Foreign Contribution

(Regulation) Act ,2010

The first speaker Mr. Sudhinder, Advocate, New Delhi, said the

special feature of the Act is that, it has extra- jurisdictional

application. He explained the definitions of “current account

transactions”, “capital account transactions” and “person resident in

India”. He shared his personal experience in conducting a case, in

which the question was whether “BCCI” is a person under this act or

not? The Bombay High Court held that BCCI would be considered as

“person” as it is an inclusive definition under the provision of FEMA.

He then briefed about the other provisions of FEMA,1998, in general.

The second speaker Mr. Somashekar Sundaresan, Advocate,

Mumbai, differentiated between FERA and FEMA where FERA has

criminal pinch over it and FEMA is a civil law completely. But in 2015,

after the amendment of FEMA, Section 13 was removed and Section

18 and 19 were inserted which painted the criminality into FEMA also.

He also expatiated upon LRS (Liberalized Remittance Scheme), and

how much an individual should remit under the scheme. He

illustrated that the FEMA has many provisions which are relating that

in with other regulation, Acts, such as Banking Regulation Act, RBI,

18

SEBI, etc. He also touched upon the points of regulation of foreign

investments into India and concluded by saying that the laws are to be

reviewed time to time for the development of the country.

Valedictory Session:

Valedictory address was delivered by Hon’ble Mr. Justice T.S.

Sivagnanam, Judge, High Court of Madras/Member, Board of

Governors, Tamil Nadu State Judicial Academy. In the valedictory

note, he recapitulated the discussions made by the resource persons

and the chairpersons. Vote of thanks was delivered by Hon’ble Mr.

Justice M. Sundar, Judge, High Court of Madras/Member, Board of

Governors, Tamil Nadu State Judicial Academy.

19

PART - III

SOUTH ZONE-II REGIONAL CONFERENCE ON ENHANCING

EXCELLENCE OF THE JUDICIAL INSTITUTIONS: CHALLENGES

AND OPPORTUNITIES

In collaboration with the National Judicial Academy and the

High Court of Madras, a two-day South Zone Regional Conference on

Enhancing the Excellence of Judicial Institutions: Challenges and

Opportunities, was held on 19th and 20th January, 2019, at TNSJA

Headquarters, Chennai. 17 High Court Judges and 87 judicial officers

in the cadres of Senior Civil Judge and Civil Judge, from the southern

states, and in all 104, participated.

Five sessions on the following topics were held: (1) Constitutional

Vision of Justice; (2) High Court and District Judiciary: Building

Synergies; (3) Revisiting Norms for Appellate Review: Consequence of

Frequent and Excessive Appellate Interference; (4) Access to Justice:

Information and Communication Technology in Courts; and (5) Access

to Justice: Court and Case Management.

Hon’ble Ms. Justice Indira Banerjee, Judge, Supreme Court of

India; Hon’ble Mr.Justice Hrishikesh Roy, Chief Justice, High Court

of Kerala; Hon’ble Mr. Justice Sunil Ambwani, Former Judge, High

Court of Rajasthan; Hon'ble Dr. Justice Vineet Kothari, Judge, High

Court of Madras; Hon’ble Mr. Justice S. Manikumar, Judge, High

Court of Madras/President, Tamil Nadu State Judicial Academy;

Hon’ble Mr. Justice T.S.Sivagnanam, High Court of

Madras/Member, Board of Governors, Tamil Nadu State Judicial

Academy; Hon’ble Mr.Justice P.N.Prakash, Judge, High Court of

Madras; Hon’ble Mr. Justice M.Sundar, Judge, High Court of

Madras/Member, Tamil Nadu State Judicial Academy; Hon’ble Dr.

Justice Anita Sumanth, Judge, High Court of Madras; Hon'ble

Mr.Justice G. Raghuram, Director, National Judicial Academy; and

20

Mr. R. Venkatramani, Senior Advocate, Supreme Court of India,

spoke on the occasion.

On each of the above topics, valuable and profound insights were

made. The important points of lecture delivered by the resource

persons and the deliberations taken place are summarised below.

On the constitutional vision of justice, it was stressed that an inter-

disciplinary approach as mandated in the preamble of the

Constitution of India need to be adopted for adjudicating matters, and

the vision of the Constitution is an amalgam of equality, fraternity,

liberty and justice. Justice runs into every aspect of life, and every

Constitution throws a challenge of reading and understanding in a

manner as in consonance with the object and reasons.

Every limb of the Indian judiciary, be it higher judiciary or district

judiciary, has the power and duty to enforce public law and the

constitutional right of the citizens, bearing in mind the vision of

justice, principles and values, as envisaged in the Constitution and

the courts need to play pro-active role in interpreting the provisions of

law while applying the same in the facts and circumstances of each

case.

The touchstone of the Conference is building synergies between the

higher judiciary and the district judiciary for a better justice

administration system in the country, and once we make progress in

this direction, there will not be any doubt that the judges presiding

over the courts at different levels all over the country, will witness

further improvement, qualitatively and quantitatively, both in

dispensation of justice and administration of courts and cases by

providing greater and meaningful access to the litigating public.

The appellate courts must be cautious in interfering with the

findings given by the trial or original courts. It was also stressed to

have a re-look at Section 96 of C.P.C.

21

On access to justice, it was pointed out that in any society, as it

emerges from conflicts, a large number of people do not have access to

justice and that strengthening access involves engaging the judicial

manpower by way of better court and case management and

augmentation of resources concerning with information and

communication technology, so that the reach could be enhanced and

effectiveness improved. Further, greater infrastructure facilities at the

district-level courts must be taken up in fast pace, so as to make the

courts litigant-friendly, as the resultant effect of the judicial process

will be the instant knowledge of the decision of the cases.

22

PART – IV

REFRESHER TRAINING COURSES

1) DISTRICT JUDGES

The Refresher Training Courses for District Judges were held at

the Headquarters at Chennai and the Regional Centres at

Coimbatore and Madurai, and the details are given in the following

table:-

Sl.No. Place Date(s) of Training

Number of Participants

1 Headquarters, Chennai

21.07.2018 and 22.07.2018

47

15.09.2018 and 16.09.2018

51

2 Regional Centre, Coimbatore

23.06.2018 and 24.06.2018

39

15.09.2018 and 16.09.2018

39

3 Regional Centre, Madurai

21.07.2018 and 22.07.2018

46

27.10.2018 and 28.10.2018

48

23.02.2019 and 24.02.2019

47

TOPICS AND RESOURCE PERSONS

(a) Headquarters, Chennai

A session on Disciplinary Proceedings was chaired by Hon'ble

Mr. Justice T.S.Sivagnanam, and co-chaired by Hon'ble Mr. Justice

C.V. Karthikeyan, Judges, High Court of Madras/Members, Board of

Governors, TNSJA, and their Lordships stressed the importance of

knowing threadbare the practice and procedure in conducting and

completing disciplinary proceedings in time.

Hon'ble Mr. Justice P.N.Prakash, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, giving the scope and

23

object of the programme, prevailed upon the judicial officers to read

the legal provisions, again and again, so that they could interpret the

same in a manner better and proper, and in consonance with the

objects and reasons of the enactments.

Hon’ble Mr. Justice M. Sundar, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, speaking about the

Commercial Courts Act, 2015, with specific reference to trade mark

suits, referred to the amendments made in C.P.C. with regard to the

commercial disputes and said that the substantive law is left

untouched. His Lordship touched upon the important provisions as

envisaged under the Act and said that in trade mark suits, the law

does not allow side-by-side comparison and what is more important is

the difference or similarity as could be found by a man of average

intelligence, imperfect recollection and ordinary prudence. His

Lordship also spoke about the difference between infringement and

passing off in the light of Section 27 of the Trade Marks Act.

Hon'ble Mr. Justice C.V.Karthikeyan, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, said that burden of

proof never shifts, but onus of proof does so and on this aspect,

referred to the judgment of the Supreme Court in A.Raghavamma vs.

A.Chenchamma which was delivered as early as 1964. His Lordship

explained the variance between pleadings and evidence and said that

no evidence can be let in without pleadings.

Speaking on the scope and object of the programme, Hon’ble

Mr. Justice N.Sathish Kumar, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, laid an emphasis that

learning is a continuous process, as day-to-day, new and new

interpretation of legal provisions is emerging and that it will be

difficult to the judicial officers if they do not keep track of the

developments of law, which is dynamic in nature.

24

Dr. V. Kamakoti, Professor, Indian Institute of Technology

Madras, delivering a lecture on Emerging Trends in Cyber Crimes,

dwelt, in greater length, on numerous aspects relating to crimes, being

committed by the perpetrators in cyberspace. He pointed out that

cracking such crimes is a difficult task for the technical personnel,

even as new and new systems and methodologies in unraveling the

crimes, which are committed across the borders, are evolving from

time to time.

Mr. G.S. Madhusudan, Senior Programme Adviser, Indian

Institute of Technology Madras, spoke about machine learning and

artificial intelligence, which are ruling every organisation and

institution all over the world. He explained about the legal

perspectives relating to such systems and the impact it will create on

the judicial work in the years to come. The resource person also

explained, in detail, the use of artificial intelligence, which is a vertical

search system, in legal systems, particularly regarding case law

citation, sentencing determination and testimony analysis.

The relevant provisions of law with the aid of judgments of

higher courts of the country, relating to appreciation of evidence in

civil appeals were dealt with by Mr. N.Manokaran, Advocate, High

Court of Madras, who called upon the judicial officers to go through

the authorities, which will enable them to analyse the cases in right

perspective.

An overview of Prevention of Money Laundering Act, was taken

by Mr. K.Uday Bhaskar, Regional Special Director, Enforcement

Directorate, Chennai, who spoke about the various legal provisions of

the statute and also the important cases which the Enforcement

Directorate investigated. He also explained about the impact, the

offences of money laundering create, on the economy of the country.

25

Mr. K. Sukumaran, Advocate, Kumbakonam, took two sessions,

viz. (1) Arrest, Confession and Recovery, and (2) Appreciation of

Evidence in Criminal Appeals. During the course of the lecture, he

dealt with various types of confession and also the procedure to be

adopted by the investigating agency, when arrest is effected. He also

dealt with discovery of fact in the light of the relevant provision under

the Evidence Act. He further pointed out the important questions of

law and of fact to be taken into account while appreciating evidence in

deciding criminal appeals.

An overview of Narcotic Drugs and Psychotropic Substances Act

was taken by Mr. N.P. Kumar, Advocate, High Court of Madras. He

touched upon the salient features of the statute, in particular those

dealing with bail provisions and sentencing principles, as enunciated

by the higher courts of the country.

Mrs. Sarah Angeline James, Legal Officer, International Justice

Mission, handled a session on Bonded Labour and during the session,

she spoke about the ills plaguing the system and the crusade being

waged for abolition of the bonded labour system in our country, even

though the statute abolishing bonded labour came into existence as

early as 1976. She also explained the efforts being taken by the

organisations involved in rescuing and rehabilitating the bonded

labourers who are in the tangle of the perpetrators of such crimes.

An overview of Prevention of Corruption Act was taken by

Mr. K.Srinivasan, Special Public Prosecutor (CBI cases), and he

touched upon the issues of sanction under Section 19 of the Act and

the requirements under Section 197 Cr.P.C. and he referred to the

various decisions of the higher courts of the country. He also said that

the special judge presiding over the court trying corruption cases, acts

in three different capacities, viz. Chief Judicial Magistrate, Senior Civil

Judges, and Sessions Judges. He also dealt with various aspects

including tender of pardon and discharge.

26

A session on Emerging Trends in Intellectual Property Laws was

taken by Mr.R.Sathishkumar, Advocate, High Court of Madras, who

took the participants through the recent trends happening on the

issues relating to copyright, patent, trademark, design, and

geographical indication. He also dealt with the appeal and review

proceedings in cases of trade mark violation, passing off, patent

infringement, etc.

Hon'ble Mr. Justice T.S. Sivagnanam said that the complexity

of delinquency has increased and that the principle to be adopted by

the enquiry officers is preponderance of probabilities. Hon'ble Mr.

Justice C.V. Karthikeyan referred to Article 311(2) envisaging that no

dismissal or reduction in rank shall be handed out except going

through the enquiry proceedings and also dealt with the issues of

affording reasonable opportunity and following the principles of

natural justice. His Lordship also pointed out that the enquiry officer

is not a judge and the presenting officer is not a public prosecutor and

that the enquiry is only a fact-finding proceedings.

Mr. R. Singgaravelan, Senior Advocate, High Court of Madras,

spoke elaborately on various aspects of disciplinary proceedings

including the penalty of suspension to be imposed in contemplation of

the proceedings. The two categories of suspension are punitive and

interim, he said. He also reminded the judicial officers of exercising

much care on the necessary particulars of the charges, which are, in

turn, required to be specific, and the statement of allegations which

should support the charges.

A session on General Exceptions under Sections 76 to 106 of Indian

Penal Code was chaired by Hon'ble Mr. Justice N. Sathish Kumar,

Judge, High Court of Madras/Member, Board of Governors, TNSJA.

Mr. K.Sukumaran, Advocate, Kumbakonam, dealing with the topic,

highlighted the legal provisions dealing with, among others, the right

of private defence and the act of a person of unsound mind. He dealt

with the session on Charge Framing and Alteration of Charge in

27

Sessions Cases and said that as charge framing is the foundation of

trial, much care need to be taken by the judicial officers on framing

charges and that if required, during the progress of the trial, the

charge framed earlier could also be altered.

Mr. Karnal Singh, I.P.S. Director, Enforcement Directorate, New

Delhi, gave a special address and spoke about the evolution of the

Money Laundering Law and its history and said that many countries

in South Asia are not implementing anti-terror initiatives, and the

money laundered are used in terrorist and other activities.

Mr. S. Ravindran, Senior Advocate, High Court of Madras,

handled the session on Practice and Procedure in Labour Court and

Current Trends in Labour Disputes Resolution. During the session, he

explained the kinds of disputes as collective issues, viz. service

conditions, wage increase, lock-out, lay off, strike, closure, etc., and

individual issues, like non-employment, and spoke about the role of

the conciliation officers – the labour officer at the bottom level and the

labour commissioner at the top level. The importance of Sections 10,

17 and 18(3) of the Industrial Disputes Act, dealing with reference for

adjudication to be made by the Government, publication of award in

Government Gazette, and the binding nature of the settlements on the

parties, respectively, was highlighted.

(b) Regional Centre, Coimbatore

Hon’ble Mr. Justice. M. Sundar, dealt with the session on

Importance of Ethics, Integrity and Discipline. His Lordship

elaborately discussed and explained these concepts and their

importance from the perspective of the individual as well as the

institution, and laid stress on the law laid down by the Supreme Court

in particular reference to the directions of the Supreme Court in Tarak

Singh’s case. His Lordship also emphasized on the need for

approaching the cases without any prejudice. His Lordship also took a

session on An Overview of the Commercial Courts Act, 2015, and

28

lucidly explained the ingredients of Sections 26, 35, 35A and Orders 5,

6, 7, 8, 11, 13A, 15A, 18, 19 and 20 of the Civil Procedure Code,

which were amended by the Commercial Courts Act, 2015. His

Lordship extensively dealt with Sections 2(i), 3, 3A 3B, 4, 9, 6, 6A, 7,

and 7A of the Commercial Courts Act, 2015.

Mr. K. Sukumaran, Advocate, Kumbakonam dealt with the topic

on General exceptions under Sections 76 to 106 IPC. The resource

person lucidly explained the ingredients of Chapter – IV of I.P.C. He

explained to the judicial officers the difference between General

Exceptions and Specific Exceptions. The importance and significance

of Sections 40, 52, 76 to 106, 124A, 300, 309, 312, 313, of I.P.C. and

Sections 25, 27, 105 of the Indian Evidence Act were also discussed.

The distinction between judicial immunity and executive immunity

was also highlighted. The Resource Person also took the participants

through the various provisions of the Judicial Officers Protection Act

1985. All the relevant and latest case laws on the subject were referred

to. The topic on Comprehensive study of the Prevention of Corruption

Act was also handled by him and he highlighted the importance of

Sections 7, 8, 9, 13, 19, 20 and 24 of the Act, and the effective

measures that can be taken to deliver quality justice in the cases that

are filed under this Act. He pointed out the importance and

significance of Sections 57, 217, 302, 403, 406 and 511 of IPC, and

dealt with the Rule 47 of Directorate of Vigilance and Anti Corruption

Manual.

The session on Hindu Succession Act with reference to Section 6

was handled by Mr. S. Srinivasa Raghavan, Advocate, Madurai, who

took the judicial officers through Section 6 of the Act, which deals with

devolution of coparcenary interest of a Hindu. The resource person

also explained Section 29(A) (Tamilnadu amendment) which given

rights to unmarried daughters also, and discussed Act 39 of 2005.

Fundamental principles as to what is the concept of mitakshara

29

coparcenary system, what would constitute a joint family, what is

pious obligation, what would constitute a Hindu joint family and the

concept of joint family property, were elaborately discussed.

The session which dealt with Labour Law – Recent Trends, was

handled by Hon’ble Mr. Justice K. Chandru, Former Judge, High

Court of Madras. He took the participants through all the latest

developments, explained Sections 19(1) (a), 23, 24, and 36 of the

Industrial Disputes Act, and discussed the powers of the Labour

Court, and the concepts, like labour strike, contract labour disputes

and the method of solving disputes. The salient principles laid down in

the Constitution for the welfare of the working class, were explained.

The session on Factors to be considered while dealing with

passing off action and infringement of trade mark, was handled by

Mr. P.R.Ramakrishnan, Advocate, Coimbatore, who elaborately

discussed the subjects and the historical aspects of trade mark

legislation in India. He also explained about infringement action before

the courts and application of Trade Mark Act. The Resource Person

pointed out the importance and significance of Sections 2(zb), 7, 27,

29 to 33, 101 to 115, and 134 to 138 of Trade Marks Act.

On Recent Developments in Labour Laws,

Dr.V.Chandrasekaran, Industrial and Labour Law Practitioner,

Pudukkottai, spoke about the difference between the State Act and the

Central Act, and explained Sections 8, 10, and 53 of the Contract

Labour (Regulation and Abolition) Act. The Resource Person

elaborately discussed the powers of the Labour Court, and the

concepts, like contract labour disputes, and the methods of solving

disputes. Rights of workmen, disciplinary proceedings and their effect,

and retrenchment, were also discussed, during the session.

Mrs. Sarah Angleline James, Legal Officer, International

Justice Missions and Ms. Roseann Rajan, Advocate, High Court of

Madras, took a session on Is the Crusade against bonded labour a

30

losing war? – the ills that plague the system. They elaborately

discussed the subject of human trafficking in the light of Section 370

IPC. The importance and significance of Sections 2, 15, 21 and 24 of

the Bonded Labour System (Abolition) Act was also explained to the

participants The Resource Persons elaborately covered the following

topics: Purpose of Human Trafficking, Purpose of Exploitation,

Elements of Trafficking, Anti-Human Trafficking Unit, Child Labour

Rescue and Rehabilitation.

The session on Law of Marriage/Succession/Guardianship,

was taken by Mr. N.Sridhar, Advocate, Coimbatore. He took the

judicial officers through Section 6 of the Hindu Succession Act 1956

which deals with devolution of coparcenaries’ interest in a Hindu Joint

family and extensively dealt with the Section 14 of the Act and Section

16 of the Hindu Marriage Act. The difference between old Act and new

Act was also lucidly explained by the resource person.

Mr. K.R. Sankaran, Advocate, Coimbatore, dealt with the topic

on Narcotic Drugs and Psychotropic Substances Act, 1985, and

discussed the provisions relating to search and seizure. The difference

between small quantity and commercial quantity was highlighted by

the resource person. Section 2 and the Schedule under Clause (xxiii)

thereof, and Sections 8, 20, 27, 27A, 29, 35 to 43, 50, 57, 59 and 67

of the Narcotic Drugs and Psychotropic Substances Act, were

explained in an elaborate manner, with the aid of many leading

Judicial precedents.

The session on Appreciation of Evidence as an Appellate Judge

in Civil Cases pertaining to Order 41 Rules 23 to 27 CPC: An overview,

was handled by Mr. V.Sivakumar, Advocate, Coimbatore. He

explained about the various factors that are to be taken into

consideration while handling Civil Appeals, took the participants

through sections 96 to 112, Order 7 Rule 11 and Orders 41 and 43 of

31

the C.P.C., and pointed out the importance of Section 11 of the Tamil

Nadu Court Fees Act and Suit Valuation Act.

(c) Regional Centre, Madurai

Hon’ble Mr.Justice M.Sundar, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, took an overview of the

Commercial Courts Act, 2015, and spoke about the factors to be

considered while dealing with passing off action and infringement of

trade mark. Hon’ble Lordship explained the salient features and the

various provisions of the Act and also gave practical exercises to

emphasise the importance of the factors that are to be taken into

consideration in trade mark infringement and passing off action cases.

Hon’ble Mr. Justice C.V. Karthikeyan, Judge, High Court of

Madras, handled the session on Disciplinary Proceedings: An

Overview, and explained the various procedures to be followed in every

stage of conducting disciplinary proceedings and emphasised that the

principles of natural justice must be strictly followed. An interaction

session was held and the participants got their doubts clarified.

Hon’ble Mr. Justice N.Sathish Kumar, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, dealt with the topic on

Charge Framing and Alteration of Charge in Sessions Cases, and

highlighted the importance of charge framing and gave some exercises

for framing charge, and the participants discussed with each other

and solved those problems.

Hon’ble Mr. Justice G.R. Swaminathan, Judge, High Court of

Madras dealt with the topic on Insolvency and Bankruptcy Code,

2016: An Overview, and explained the salient features of the Code

referring to the recent decisions of the Supreme Court and the Madras

High Court.

32

Mr. M. Vallinayagam, Senior Advocate, Madurai Bench of

Madras High Court, dealt with the topic on Guardian and Wards Act:

An Overview, and explained the factors that are to be considered while

dealing with the appointment of guardian and for granting custody of

minor children.

Mr. S.Srinivasa Raghavan, Advocate, Madurai Bench of Madras

High Court, took a session on Interpretation of Statutes and dealt with

various rules of interpretation of statutes and the circumstances in

which each rule can be applied.

Dr. M.Sivakumar, Professor, Department of Entrepreneurship

Studies, Madurai Kamaraj University, spoke on Stress and Time

Management. He explained the various reasons for stress and the

simple methods to manage stress by managing time effectively.

Mr. A.Arumugam, Advocate, Madurai Bench of Madras High

Court, dealt with Law of Inheritance under Islamic Law, explaining the

origin and source of Islamic Law and Rules of inheritance for Sunni

Muslims specifically.

Mr. David Sunder Singh, Advocate, Madras High Court, took a

session on Is the crusade against Bonded Labour a losing war? – the

ills that plague the system. He explained the provisions of the Bonded

Labour System (Abolition) Act 1976 and the broad coverage of the

definitions given in the Act, and also Section 370 I.P.C.

Mr. K.Sukumaran, Advocate, Kumbakonam, speaking on

Comprehensive Study of the Prevention of Corruption Act, explained

the latest amendments that have been made in the Act and also dealt

extensively with the different practical aspects followed in the cases

under the said Act with the aid of authorities.

33

During the first session Hon’ble Mr. Justice P.N.Prakash,

Judge, High Court of Madras, the chair person of the session, and

Mr.A.Ramesh, Senior Advocate, High Court of Madras, the speaker of

the session, dealt with the topics on 1) Arrest, Remand, Bail –

Procedures with Latest Amendments and Case Laws and 2) Victim

Compensation Scheme and its Procedure. They explained the various

case law for arrest, remand and bail and also dealt with the latest

amendments regarding arrest, remand and bail. He also explained

the procedure for the victim compensation scheme.

Mr. N.Karthikeyan, Advocate, High Court of Madras dealt with

the topic “Emerging Trends in Cyber Laws with special reference to

Information Technology Act, 2000”. The Resource person explained

the various types of Cyber Crimes and the different tools used to

investigate them. He also explained how to collect and preserve the

digital evidence procured during investigation. He later explained the

relevant provisions of I.T. Act dealing with various cyber offences and

procedures to be followed while dealing with them.

Hon’ble Mr.Justice P.N.Prakash, Judge, High Court of Madras,

dealt with the topic “Role of Judicial officers / Prosecutors / Police in

Criminal Justice System”. His Lordship explained the importance of

the participation of both judicial officers and public prosecutors in the

effective administration of criminal justice system. His Lordship also

explained the procedure regarding the FIR record maintained in police

station, which must be well-read by the judicial officers, public

prosecutors and police officers.

Mr. P.S.Vasudevan, International Corporate Trainer and

Psychologist dealt with the topic, “Stress Management”. He explained

the four ways to be followed to manage the stress in our mind. He

also urged not to compare one person with another person and said

34

that to reduce stress, eat good food and do not be worried all the time

and do not get angry with other persons.

Mr. M.Ajmal Khan, Senior Advocate, Madurai Bench of Madras

High Court, dealt with the topic “Principles of Muslim Law”. He

explained the origin and source of Islamic Law and Rules. He also

explained the rights of Muslims under various Muslim laws. Many

case law were highlighted to explain the Muslim Law.

Mr. R.Vijayakumar, Advocate, Madurai Bench of Madras High

Court, dealt with the topic, “Transfer of immovable Property (Sections

38 – 53A) and Gifts under Transfer of Property Act (Sections 122 –

129)”. The Resource person explained difficult areas where the

jurisdiction of civil court is based both expressly and impliedly and

also the latest trends under Section 34 of the Specific Relief Act and

the powers of the courts to pass orders, and discussed the said

provisions by referring to several case laws.


High Court, dealt with the topic “Evidentiary Value of Findings of

Scientific Tests in Civil Cases”. He explained the various uses of the

scientific tools for deciding paternity that are useful in matrimonial

and partition cases. He also explained the procedure to be followed

while ordering DNA Tests, in different proceedings and its evidentiary

value vis-a-vis presumption under Section 112 Evidence Act, based on

the cases decided by the Higher Court of the country.

35

2) SENIOR CIVIL JUDGES

The Refresher Training Courses for Senior Civil Judges were held

at the Headquarters at Chennai and the Regional Centres at

Coimbatore and Madurai, and the details are given in the following

table:-



1 Headquarters, Chennai

28.07.2018 and 29.07.2018

61

18.08.2018 and 19.08.2018

60

10.11.2018 and 11.11.2018

60

16.03.2019 and 17.03.2019

61


21.07.2018 and 22.07.2018

55

27.10.2018 and 28.10.2018

54

23.03.2019 and 24.03.2019

39

3 Regional Centre, Madurai

23.06.2018 and 24.06.2018

74

10.11.2018 and 11.11.2018

76

30.03.2019 and 31.03.2019

74



Hon'ble Mr. Justice T.S. Sivagnanam, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, called upon the judicial

officers to set a benchmark for disposing of both judicial and

administrative work and said that the judicial officers should not be

satisfied only with the completion of norms, as there are other areas to

be looked into and more number of cases need be disposed of without

compromising quality.

36

Hon'ble Mr. Justice M.Sundar, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, explaining the scope

and object of the programme, stressed the importance of continuous

learning and the necessity of keeping abreast of the developments of

law happening every now and then.

Speaking during the session on Prevention of Corruption Act,

Hon’ble Dr.Justice G.Jayachandran, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, had an in-depth

analysis of the important provisions of the statute and of them, the

term “Expecting to be a public servant” as appear under

Explanation(a) to Section 7, and presumption under Section 20 of the

Act, were a few.

Hon'ble Mr. Justice C.V. Karthikeyan, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, dealing with the session

on Appreciation of Evidence in Civil Appeals, detailed the practice and

procedure required to be followed by the judicial officers sitting in civil

appeal proceedings, in the light of Order 41 CPC. As to how to deal

with the interlocutory applications being filed in civil appeals, was also

discussed elaborately. The endeavour of the appellate judge should be

to dispose of the appeal early, so that any proceedings as may be

pending and required to be initiated in the trial court, could go on. His

Lordship took another session on disciplinary proceedings and

detailed the procedure to be followed right from the stage when the

delinquent is called upon to give explanation for dereliction of duty, till

the stage when the finding is given by the enquiry officer and

punishment, if any, is awarded by the appropriate authority.

Hon'ble Mr. Justice N.Sathish Kumar, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, had a discussion and

interaction on practical issues on Case Adjudication and Court

Administration, with the participant-judicial officers, throwing light on

Section 309 Cr.P.C. and its effective use in speeding up the criminal

proceedings. The other legal provisions, His Lordship dealt with, were

37

Sections 350 Cr.P.C. and 174 I.P.C., both dealing with non-attendance

by a witness in obedience to summons.

Hon’ble Mr. Justice N. Seshasayee, Judge, High Court of

Madras, stressed the importance of judgment-writing skills,

highlighting the fact that whatever the knowledge a judicial officer

possesses, must ultimately result in judging matters. Common sense

and prudence are more required in developing conceptual skills and

furthering analytical skills, His Lordship said.

Speaking on the scope and object of the programme Hon'ble Mr.

Justice Abdul Quddhose, Judge, High Court of Madras/Member,

Board of Governors, TNSJA, laid emphasis on the judicial skills and

administration skills, the judicial officers are expected to possess, and

said that time management, being one of the areas where the judicial

officers are required to concentrate, is important, so that

apportionment of time for judicial work can be better done.

Mr. R. Gururaj, Advocate, High Court of Madras, took the

participants through the significant features of the Hindu Marriage Act

and referred to the decisions of the Supreme Court and the Madras

High Court. He also dealt with the effect of absence of ceremonies

during marriage, and other issues, like long co-habitation, procuring

children, cruelty, and DNA test. He also took a session on Specific

Performance of Contracts and during the session, he referred to the

various judgments of the Supreme Court and the Madras High Court

on the points which the judicial officers come across quite often in

their work.

Mr. N. Vijayaraghavan, Advocate, High Court of Madras, during

the session on Recent Trends in Motor Accident Claim Cases,

explained the evolution of law and the manner in which the cases

need to be dealt with, so as to see that the compensation reaches the

victim or his/her kin. By giving illustrations, he explained the doctrine

of no fault liability. He also threw light on the procedure for

adjudicating cases where the drivers of the vehicles involved in the

38

accident were without licence and the vehicles were not covered with

insurance policies.

Mr. R. Shanmugasundaram, Senior Advocate, High Court of

Madras, dealt with framing of charges with the aid of Sections 34, 109,

120-B and 149 IPC and said that Sections 34 and 149 IPC fall in one

category and Sections 109 and 120-B in another. During the session,

problems were given to the participants to find solutions.

Mr. S. Subbiah, Senior Advocate, High Court of Madras, dealt

with the issues relating to gifts, referring to the provisions of the

Transfer of Property Act, while Mr.N.Manokaran, Advocate, High

Court of Madras, handled the session on Law relating to Wills and said

that the privileges given to the testator under Section 63 of the Indian

Succession Act will not extend to witnesses.

Mr. N.R. Elango, Senior Advocate, High Court of Madras,

handled the session on Framing of Charges with the aid of Sections

34, 109, 120-B and 149 IPC, and giving problems to the participants

for finding solutions. He gave illustration of cases which were dealt

with by various courts in the country.

Mr. S. Arunkumar, Advocate, High Court of Madras, explained

the Recent Trends in Motor Accident Claim Cases and the authorities

of the Supreme Court and the Madras High Court in awarding

compensation to the victims or their kin, while Mr.N.Manokaran,

Advocate, High Court of Madras, handled the session on Law relating

to Wills, where he referred to the relevant legal provisions in the

background of the various authorities.

Hon’ble Mr. Justice K. Swamidurai, Former Judge, High Court

of Madras, took the session on Appreciation of Evidence in Civil

Appeals. The rules under Order 41 C.P.C. were explained in detail,

and the significant aspects to be taken into account by the judicial

officers sitting in appeals from original decrees, were highlighted.

39

The session on Examination of Witnesses in Criminal Cases:

Practice and Procedure was taken by Mr. N. Swaminathan, Advocate,

Tiruvarur, referring to Sections 118 and 154 of the Indian Evidence

Act. Tender of pardon and refreshing memory are, among others, the

areas which he dealt with.

Dr. S.T. Venkateswaran, Head of Department, Department of

Yoga, Government Yoga and Naturopathy Medical College, Chennai,

took a session on Lifestyle and Stress Management, and gave a large

amount of tips and titbits as to how to lead a healthy life.


The topic on Prevention of Corruption Act: An Overview, was

handled by Mr.K.Sukumaran, Advocate, Kumbakonam, who

highlighted the importance of Sections 2(c), 5, 6, 7, 9, 11 to 13, 19, 20

and 23 of the Act, and the effective measures that can be taken to

deliver quality justice in the cases that are filed under this Act. The

Resource Person pointed out the importance and significance of

Sections 21, 53, 57, 217, 302, 304, 309, 403, 404, 406 and 511 of

IPC, and explained the ingredients of the Sections 53 (A), 173, 190,

193, 195(a), 313, 315 and 464 Cr.P.C. He also dealt with Rule 47 of

Directorate of Vigilance and Anti Corruption Manual.

The session on Law of Insolvency was handled by

Mr. N. Sridhar, Advocate, Coimbatore, and he elaborately discussed

Sections 3, 4, 6, 9 to 10, 13, 20, 23, 28, 35 to 37 and 41 to 44 of the

Provincial Insolvency Act, and explained how to, and who can, file

insolvency petition, and the difference between the Creditor Petition

and Debtor Petition. He explained the ingredients of Sections 53 to 55

Transfer of Property Act, and elaborately covered the following topics:

Essential principles of acts of insolvency, adjudication, annulment,

discharge, method of proof of debts, antecedent transactions,

realization of property, duties and powers of receiver and distribution

of property. He handled the session on Suits on Dissolution of

40

Partnership Firm – Remedies available to parties. The importance and

significance of Sections 7, 8, 14, 29, 39, 44, 52 to 55 and 69 of the

Indian Partnership Act were explained to the participants. He also

dealt with the Elements of Partnership, Types of Partnership, General

Principles and Mode of Dissolution.

Mr. M. Sanjaiyan, Advocate, Coimbatore, dealt with the session

on Framing of Charges, for offences which include Sections 34, 109,

120 and 149 IPC, explaining the various provisions of the Criminal

Procedure Code, the Indian Penal Code and Indian Evidence Act. The

factors to be looked into while framing charges, were also deftly

explained to the participants. The ingredients of Sections 34, 109, 120

and 149 IPC were discussed in detail.

The topic on Effective Appreciation of Oral Evidence in civil cases

was handled by Mr. S. Srinivasa Raghavan, Advocate, Madurai

Bench of Madras High Court. The Resource Person pointed out the

importance and significance of Sections 4, 18, 31, 34, 58, 59, 68 70,

71 and 92 of Indian Evidence Act, and dealt with the doctrine of

estoppel, chief-examination, cross-examination. The difference

between the primary evidence and the secondary evidence was

highlighted. He also handled the topic on Effective Appreciation of

Documentary Evidence in Civil Cases. He highlighted the importance

of Sections 65(b) 73, 74, 76 and 77, 88 and 90 of Indian Evidence Act,

and explained in detail Section 63 of Indian Succession Act and

Section 138 of Negotiable Instrument Act, the gift deed, settlement

deed and agreement procedures.

Mr. V. Ramakrishnan, Advocate, Madurai Bench of Madras

High Court, took a session on Suits relating to Specific Performance of

Contract: Prosecution and Defence, dealing with the Sections 5, 6, 10,

14, 16, 17 and 20 to 22 of Specific Relief Act and Section 27 of Indian

Contract Act.

41

Mr. V. Sivakumar, Advocate, Coimbatore, dealt with the topic

on Hindu Marriage Act, 1955: Recent Trends, pointing out the

importance of Sections 3, 5, 7, 8, 9 and 13 of Hindu Marriage Act, and

explaining the various provisions of Dowry Prohibition Act 1961 and

Domestic Violence Act 2005. The session which dealt with Transfer of

Immovable Property and Gifts under Transfer of Property Act, was also

handled by him, and he touched upon Sections 38 to 53A and

Sections 122 to 126 of Transfer of Property Act.

An Overview of Indian Contract Act and Specific Performance of

Contracts was given by Mr. V. Lakshmanan, Advocate, Tirupur. He

extensively dealt with Sections 59 to 61, 128, 129 and 171 of Indian

Contract Act, and touched upon Sections 58 (f) and 67(A) of Transfer

of Property Act, and pointed out the importance of Sections 18 and 19

of Limitation Act.

The topic on Human Rights Issues, was handled by

Mr. V.P. Sarathi, Advocate, Coimbatore. The Resource Person

explained in detail the relevant Articles of Universal Declaration of

Human Rights(UDHR), International Covenant on Civil and Political

Rights(ICCPR) and Universal Periodical Review(UPR). He dealt with

topics like, implications of violators, global issues, women rights, right

to equality, right to education, right to employment, and also on

corporal punishment.

An overview of Disciplinary Proceedings was given by Mr. R.

Parthiban, Advocate, Coimbatore. He explained the situations where

Section 17(a) of Tamil Nadu Government Servants Conducts Rules

ought to be invoked and when Section 17(b) of Tamil Nadu

Government Servants Conducts Rules ought to be invoked. The

Resource Person also explained the importance of framing precise and

succinct charges, and the procedures to be followed in case of minor

offences.

42


Hon’ble Dr. Justice G.Jayachandran, Judge, High Court of

Madras, spoke on the Scope and Object of the Programme, explaining

the purpose of having regular refresher courses and the importance of

updating the knowledge on the recent trends and amendments in law.

His Lordship also took a session on Prevention of Corruption Act –

Recent Trends, and explained the nuances of the provisions and the

terms used in the Act and the procedure to be followed while dealing

with the trap cases. His Lordship emphasised that proper appreciation

of the evidence let in by innocent witnesses.


High Court, Madurai, dealt with the topic on Effective Appreciation of

Oral Evidence in Civil Cases and Effective Appreciation of

Documentary Evidence in Civil Cases. The Resource Person explained

the various provisions of the Evidence Act and how to look into the

relevancy and admissibility of those documents referring to several

decisions of Supreme Court.

Mr.M.Sanjaiyan, Advocate, Coimbatore, handled the session on

Understanding Medico-Legal Evidence for effective disposal of criminal

cases. He explained the importance of understanding and properly

appreciating the medico-legal evidence in criminal cases.

Mr. A.Arumugam, Advocate, Madurai Bench of Madras High

Court, spoke on Law relating to Wills, explaining the significance of

the various provisions of Indian Succession Act dealing with will and

how to interpret different terms used in the wills with reference to

those provisions.

Mr. M.Vallinayagam, Senior Advocate, Madurai Bench of

Madras High Court, highlighted the salient features of the Hindu

Marriage Act, taking the participants through the important provisions

of the Act and the conflicts of some provisions with that of the Family

43

Courts Act. He called upon the participants to understand the

provisions in the true context and not just literally.


High Court dealt with the topic Evidentiary Value of Scientific Tests in

Civil Cases, explaining the various uses of the scientific tools for

deciding paternity that are useful in matrimonial and partition cases.

He also detailed the procedures to be followed while ordering DNA

Test, in different proceedings and its evidentiary value vis-à-vis

presumption under Section 112 Evidence Act.


Court, took a session on Transfer of Immovable Property (Sections 38

to 53A) and Gifts under Transfer of Property Act (Sections 122 to 129),

explaining the concept of transfer and various aspects that affect the

transfer of property and types of transfer that are valid and invalid

while Mr. V.Lakshmanan, Advocate, Tiruppur, handled a session on

an Overview of Indian Contract Act and Specific Performance of

Contracts (Sections 9 to 25), analysing the important provisions of the

Act, with the aid of illustrations.


Madras High Court, elaborately dealt with the topic on Suits on

Dissolution of Partnership Firm – Remedies available to parties, while

Mr. R.Karunanithi, Advocate, Madurai Bench of Madras High Court

discussed the human rights issues. Mr. V.J.Kumaravel, Advocate,

Madurai Bench of Madras High Court, gave an overview of the

Disciplinary Proceedings.

Mr. S. Srinivasa Raghavan, Advocate, Madurai, dealt with the

topic “Scientific Evidence in Civil Cases”. The Resource Person pointed

out the importance and significance of Sections 4, 112 and 114 of

Indian Evidence Act. He discussed about the scientific investigation/

DNA test and extensively dealt with Articles 21 and 141 of

44

Constitution of India. He also explained the various provisions of the

Civil Procedure Code. All the relevant and latest case laws on the

subject were also explained by the Resource Person.

The topic on “Section 163A of Motor Vehicle Act: Post-

amendment Scenario”, was also handled by the Mr. S. Srinivasa

Raghavan, The Resource Person explained about the procedures that

are to be followed while claiming liability under Second Schedule

under Section 163A of M.V. Act. The difference between Section 140

and 163A was lucidly explained. The Resource Person laid stress on

the law with particular reference to the directions of the Hon’ble

Supreme Court in Sunil Kumar’s case, Sinitha’s case and Puttamma‘s

case. All relevant latest case laws were also explained by the Resource

Person. He also explained the difference between no fault liability

claim under section 140 and on fault liability claim under section 166

of the M.V. Act.

The session, which dealt with “Res Sub Judice and Res Judicata

- Sections 10 and 11 CPC, was handled by Mr. V. Lakshmanan,

Advocate, Tiruppur. Referring to the case laws, the Resource Person

explained in detail the procedure to be followed while setting up the

principle of Res Judicata and Res Sub Judice. The Resource Person

extensively dealt with Sections 10 and 11 of CPC. All the relevant case

law on the subject were also explained by the Resource Person.

Another topic chosen for discussion was “Appreciation of

Evidence in Criminal Cases” and it was handled by Mr. K.R.

Sankaran, Advocate, Coimbatore. The Resource Person extensively

dealt with Sections 3 to 11, 24 to 30, 32, 33, 43,59 to 65, 73, 105,

106, 113A, 113B, 135 to 138, 141 to 149, 159 to 165 of Indian

Evidence Act. He also explained the relevant provisions of Criminal

Procedure Code and Indian Penal Code in detail.

45

The last session of the programme “Land Acquisition Act: An

Overview” and it was dealt with by Mr. V.P. Sarathi, Advocate,

Coimbatore. The factors to be looked into while handling land

acquisition cases, were deftly explained to the participants. The

difference between old Act and new Act was lucidly explained him. He

extensively dealt with the ordinance promulgated in the year 2014, the

latest amendments, and the recent developments.


High Court dealt with the topic, “Scientific Evidence in Civil Cases”.

The Resource person explained the various uses of the scientific tools

for deciding paternity that are useful in matrimonial and partition

cases. He also explained the procedure to be followed while ordering

DNA Tests, in different proceedings and its evidentiary value vis-a-vis

presumption under Section 112 Evidence Act, based on several cases

decided by the Higher Courts of the Country. Mr. S.Srinivasa

Raghavan, also dealt with the topic on Section 163A of Motor Vehicles

Act: Post-amendment Scenario.

Mr. V.Lakshmanan, Advocate, Tiruppur, dealt with the topic

“Res Sub Judice and Res Judicata - Sections 10 and 11 CPC”. He

explained the different aspects of Res Sub Judice and Res Judicata

with reference to several case law.

Mr. C.Muthu Saravanan, Advocate, Madurai Bench of Madras

High Court, dealt with the topic on Framing of Charges with the aid of

Sections 34, 149, 109 and 120B IPC. He explained how to frame

charge for offences under Sections 34, 149, 109 and 120B of IPC. He

also referred to several judgments of the Supreme Court and the

Madras High Court, to drive the point home.

Mr.J.Karthic, Director, Kvell Skill School, Certified International

Trainer and Counsellor, dealt with the topic, “Stress Management”.

He explained the importance of managing stress and the different

46

methods to manage stress. He illustrated several instances,

explaining how stress could be managed properly. Mr.B. ELAYARAJA,

Counseling Psychologist, Chennai, highlighted the stages of stress,

such as relaxed, pressurized, troubled, depression and breakdown,

and gave a large amount of tips and titbits as to how to lead a healthy

life.

CIVIL JUDGES

The Refresher Training Courses for Civil Judges were held at the

Headquarters at Chennai and the Regional Centres at Coimbatore

and Madurai, and the details are given in the following table:-



1 Headquarters, Chennai 23.06.2018 and 24.06.2018

60

15.12.2018 and 16.12.2018

47

23.02.2019 and 24.02.2019

67


09.06.2018 and 10.06.2018

54

28.07.2018 and 29.07.2018

54

25.08.2018 and 26.08.2018

51

29.09.2018 and 30.09.2018

56

15.12.2018 and

16.12.2018 47

3 Regional Centre, Madurai 09.06.2018 and 10.06.2018

54

28.07.2018 and

29.07.2018 54

12.08.2018 54

15.09.2018 and 16.09.2018

56

29.09.2018 and 30.09.2018

54

17.11.2018 and 18.11.2018

51

23.03.2019 and 24.03.2019

67

47



Explaining the Scope and Object of the programme, Hon'ble Mr.

Justice N.Sathish Kumar, Judge, High Court of Madras/Member,

Board of Governors, TNSJA, said that knowledge is the strength of the

judicial officers and being the foundation of the entire judicial system,

the district judiciary shoulders high responsibilities and that every

training programme is an opportunity to enhance their knowledge.

Mr. K.Sukumaran, Advocate, Kumbakonam, handled the

session on Prosecution for Contempt of Lawful Authority of Public

Servants: Offences against Public Justice and Offences relating to

documents given in evidence.

The sessions on Law of Easements and Law Governing

Temporary Injunction, were dealt with by Mr.Shangar Murali,

Advocate, High Court of Madras, and during the session, he referred to

the various judgments of the higher courts of the country and the legal

provisions, so as to make the participants better understand the

issues involved.

Development of law in Specific Relief Act is emerging in the

recent times and Mr. S.Meenakshi Sundaram, Senior Advocate,

Madurai, took the session relating to this subject, while

Mr. N.Manokaran, Advocate, High Court of Madras, dealt with the

session on Law of Precedents.

A half-a-day session was earmarked for Induction Training and

Sensitization Programme, under Section 4(5) of the Juvenile Justice

(Care and Protection of Children) Act 2015, for the Principal

Magistrates of the Juvenile Justice Boards, who recently took over the

office. Dr.S.Elumalai, Assistant Professor, Tamil Nadu Dr. Ambedkar

Law University, took an overview of the Juvenile Justice (Care and

Protection of Children) Act, 2015. Dr. S.Thenmozhi, Associate

Professor and Head I/c, Department of Counselling Psychology,

48

University of Madras, elaborately dealt with the psychological and

psychiatric aspects of children getting in conflict with law, in the light

of the preliminary assessment under Section 15 of the said Act.

Mr. A. Ratnavelu, Former District Judge, shared his experience

as to how to deal with the issues which the judicial officers come

across while hearing cases and disposing of matters. He also explained

the ways in writing good judgments taking into consideration various

aspects relating to narration of facts, framing of issues/charges,

decision/finding to each charge/issue, reasoning for decision/finding,

reference and application of law, and usage of language in lucidity.

Mr. N. Santhosh Kumar, Public Prosecutor, Railways, Chennai

Division, took the participants through the important legal provisions

as envisaged in the Railway Property (Unlawful Possession) Act and

the Railways Act and explained the significance of the enactments by

stating that the RPF officials are not legally called as police officials

and thus, the statements and the confessions recorded by them

during enquiry are admissible in evidence.

Hon’ble Mr. Justice K. Swamidurai, Former Judge, High Court

of Madras, took the participants through the provisions of the Code of

Civil Procedure, as regards temporary injunction and also referred to

the authorities of the Supreme Court and the Madras High Court in

the matter.

Mr. K.R. Tamizhmani, Advocate, High Court of Madras, took an

overview of the Wildlife Protection Act and highlighted the importance

of protecting the environment and maintaining wildlife. The necessity

of protecting the endangered species and animals was also explained

in greater length and also the initiatives taken by the Governments of

the State and Central, in protecting the environment was also touched

upon.

Mr. R. Gururaj, Advocate, High Court of Madras, took a session

on Specific Performance of Contracts and during the session, he

referred to the various judgments of the Supreme Court and the

49

Madras High Court on the points which the judicial officers come

across quite often in their work.


The topic on Recent Developments in Specific Relief Act was

handled by Mr. S.Meenakshi Sundaram, Senior Advocate, Madurai,

dealing with Sections 5, 6, 10, 14, 16, 17 and 20 to 22 Specific Relief

Act, and explaining the ingredients of Sections 37, 40 to 50, 63 and 64

of the Contract Act as well as the provisions of the Transfer of Property

Act and Registration Act.

The session on Arrest, Bail and Cancellation of Bail and Bond

was taken by Mr. N. Anantha Padmanabhan, Advocate, Madurai,

highlighting the importance of Section 41 Cr.P.C, and the effective

measures that can be taken to arrest without warrant. The difference

between the 1898 Code and the 1974 Code with respect to provisions

regarding anticipatory bail was also explained by the resource person.

He also took another session on Prosecution for Contempt of Lawful

Authority of Public Servants: Offences against public Justice and

Offences relating to documents given in evidence. During the session,

he highlighted Sections 195 and 340 Cr.P.C. and the importance of

Section 193 IPC on false evidence.

The topic on Law Governing Temporary Injunction was dealt

with by Mr.V.Lakshmanan, Advocate, Tiruppur. Referring to the case

laws, he detailed the procedures to be adopted while hearing petitions

seeking temporary injunctions, with specific reference to Order 39

Rule 3A. The session on Res Sub Judice and Res Judicata (Sections

10 and 11 C.P.C.), and Issues in the Proceedings of Preliminary and

Final Decrees, with reference to Partition Suits and Suits for Accounts,

was also handled by him. He threw much light on the procedures to be

adopted while setting up the principle of Res Judicata and Res Sub

Judice, and extensively dealt with Obiter Dictum and Estoppels.

50

Mr. Mr. V. Lakshmanan also spoke about the procedure relating

to striking out and amendment of pleadings as governed by Order VI

Rules 16 and 17 C.P.C. The difference between the Rules 16 and 17

C.P.C. of Order VI C.P.C. was lucidly explained by the resource

person. He explained that in execution proceedings, amendment can

be done only under Section 153 read with Section 151 C.P.C., and not

applicable with Order VI Rule 17 C.P.C.

Mr. K. Prabhu, Advocate, International Justice Mission, spoke

about the prevalence of bonded labour system and the ills which

plague the system. He discussed the subject of human trafficking in

the light of Section 370 IPC.

A group discussion was held, where the participant-judicial

officers, forming groups, discussed the judgment of the Madras High

Court in Murugasamy Versus State (Order dated 15.09.2017 in

Crl.O.P. No. 12148 of 2017), and thereafter, a representative from

each group made presentation on each of the following topics: (1)

Recording dying declaration; (2) Conducting test identification parade;

(3) Recording statement of witness under Section 164 Cr.P.C.; and (4)

Recording confession of accused under Section 164 Cr.P.C.

Mr. V. Sivakumar, Advocate, High Court of Madras, took a

session on Effective Appreciation of Oral and Documentary Evidence

in Civil Cases. He pointed out the importance of Sections 8, 14, 22,

23, 59, 60, 74, 92 and 101 of Indian Evidence Act, and explained all

the relevant provisions of Civil Procedure Code in detail. The difference

between Oral and Documentary evidence was lucidly explained by the

resource person.

During the session on (a) Components of Final Report, (b) Issues

involved in taking cognizance of offences, and (c) Procedure relating to

trial proceedings in Criminal Cases, Mr. K. Sukumaran, Advocate,

Kumbakonam, elaborately discussed the ingredients of Sections 2(r) &

51

(o), 17(2), 154, 156(3), 157, 173, 190, 193, 195 read with 340, 199,

202, 204, 281, 309, 325, 313, 482 Cr.P.C. He also dealt with the Rule

47 of Directorate of Vigilance and Anti Corruption Manual. The

Resource Person also touched upon the following topics: Hostile

witness, promulgation, complaint writing, matrimonial offences,

medical negligence, and sustained provocation.

A group discussion on Common Causes vs. Union of India on

Euthanasia; was held and the participants forward several groups,

where they discussed all the aspects relating to euthanasia, and

thereafter, a representative from each group present his/her group

opinion.

The session on Emerging Trends in Cybercrimes and Cyber Law

was handled by Mr. M. Sanjaiyan, Advocate, Coimbatore, pointing out

the importance of Sections 65A and 65B of the Indian Evidence Act,

and Sections 380, 490, 465, 500, 506 and 502 of the Indian Penal

Code. He extensively dealt with the Section 66 to 69 of Information

Technology Act, and the various cyber crimes being committed and

how they could be detected. The significance of storing data in

computers and how they could be stolen for money was also

explained.

The session on Jurisdiction of Civil Courts under Section 9

C.P.C. with Section 34 of Specific Relief Act, was handled by

Mr. R. Vijayakumar, Advocate, Madurai. He spoke about the ‘express

bar’ and the ‘implied bar’ in trying suits by the civil courts. To explain

the concept of ‘express bar’ in trying a suit, the Resource Person drew

the attention of the participants to the ‘express bar’ contained in

certain statutes, like, Tamil Nadu Hindu Religious and Charitable

Endowments Act, Tamil Nadu Buildings (Lease and Rent Control) Act,

Administrative Tribunals Act, Tamil Nadu Cultivating Tenants

(Protection) Act, Land acquisition Act, Land Encroachment Act, etc. He

also spoke about Avoidance of Delay in Execution Proceedings,

52

explaining the ingredients of Order XXI Rules 2, 32, 33, 35, 36, 55 to

59, 64, 71 to 73, 83, 89 to 97 and 102 C.P.C., in a detailed manner.

The resource person pointed out the various types of interim

applications that may be filed by parties pending execution

proceedings and the modes by which there could be avoidance of

delay.

The session on Insolvency and Bankruptcy: An Overview, was

handled by Mr. N.Sridhar, Advocate, Coimbatore. He extensively dealt

with Sections 3, 4, 6, 9 to 10, 13, 20, 23, 28, 35 to 37 and 41 to 44 of

The Provincial Insolvency Act, and explained how to, and who can file

insolvency petition, and the difference between Creditor Petition and

Debtor Petition. The resource person highlighted the ingredients of

Sections 53 to 55 of Transfer of Property Act, and elaborately covered

the following topics: Essential principles of acts of insolvency,

adjudication, annulment, discharge, method of proof of debts,

antecedent transactions, realisation of property, duties and powers of

receiver, and distribution of property.


Hon’ble Mr. Justice P.N.Prakash, Judge, High Court of Madras,

speaking on the Role of Judicial Officers and Public Prosecutors in

Effective Administration of Criminal Justice, laid emphasis on the

responsibilities which both the stakeholders shoulder to the litigant-

public and in turn, to the society, towards effective administration of

criminal justice.

Hon’ble Dr. Justice G. Jayachandran, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, spoke about the Scope

and Object of the Refresher Course Programme and stressed the

importance of understanding the provisions under sections 9, 10 and

11 C.P.C. properly, so that unnecessary suits may not be entertained

by the courts.

53

Hon’ble Mr. Justice N.Sathish Kumar, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, spoke about the Scope

and Object of the Refresher Course Programme, calling upon the

participants to regularly update their knowledge and skills, and said

that learning is a continuous process and each training programme is

a platform for sharing knowledge.

Mr. K.Sukumaran, Advocate, Kumbakonam, dealt with the topic

on Prosecution for Contempt of Lawful Authority of Public Servants:

Offences against public justice and Offences relating to documents

given in evidence, explaining the various decisions of the Supreme

Court and the Madras High Court. The entire session was very

interactive and well received by the participants.

Mrs. Sarah Angleline James, Legal Officer, International

Justice Mission, took an Overview of Human Rights Issues vis-a-vis

Trafficking and Human Trafficking for Labour, explaining the

violations committed against the poor and vulnerable people and how

they are cheated and trafficked into the bonded labour system. She

also explained the measures being taken for rescue and rehabilitation

of those labourers and the mechanisms for preventing trafficking.

Ms. Roseann Rajan, Advocate, High Court of Madras, took a

session on Bonded Labor System (Abolition) Act – Definition and

Challenges, explaining the necessity to create awareness among the

general public and also the employers, including the Government

officials responsible to implement the Act.

Ms. Zothanpuii Varte, Advocate, High Court of Calcutta,

handled the session on The Immoral Traffic (Prevention) Act:

Challenges in Implementation, explaining the authorities and

violations of human rights committed against the girl children and

how they are lured into the trade.

54

Mr. S.Meenakshi Sundaram, Senior Advocate, Madurai Bench

of Madras High Court, spoke about the Recent Developments in

Specific Relief Act, explaining how the Limitation Act, Transfer of

Property Act, Contract Act and Registration Act are interlinked with

Specific Relief Act.

Mr. K.Kalidasan, President, Osai Environmental Organization

underscored the importance of safeguarding the forests, wildlife and

bio-diversity and the role of courts. He insisted that there should be

sustainable development and not development ignoring or destroying

the eco-system. Mr.Subbaiah, Retired Forest Range Officer explained

the important aspects of the Tamil Nadu Forest Act and Wild Life

(Protection) Act.

A group discussion on effective implementation of the directions

of Hon’ble Madras High Court given in Murugasamy vs. State by

Inspector of Police, Karumathampatty, Coimbatore, was held. The

participants were divided into eight groups and each group was given

one of the four subjects dealt with in the said judgment. One

representative from each group made presentation on the specific

topic allotted to their group.

Mr. N.Ananthapadmanaban, Advocate, Madurai Bench of

Madras High Court, dealt with the topic on Arrest, Bail and

Cancellation of Bail and Bond, explaining, elaborately, the conditions

and duties cast upon the authorities while effecting arrest and how

the Supreme Court has laid down the law on the subject by various

decisions right from A.K.Goplan’s case till Arnesh Kumar’s case.

Mr. V.Ramakrishnan, Advocate, Madurai Bench of Madras High

Court dealt with the topic on Jurisdiction of Civil Courts under

Section 9 of CPC, explaining as to when the jurisdiction of the civil

court is impliedly barred and when it is not ousted.

55


Madras High Court dealt with the topic on Suits relating to Mortgage,

while Mr. V.Lakshmanan, Advocate, Tiruppur handled the session on

Res Sub Judice and Res Judicata (Sections 10 and 11 C.P.C.).

Mr. K.Madhu Sudhan, from M/s. I Square Training and

Development, spoke as to how to manage stress and about the

importance of positive stress in life, and he demonstrated how to

manage stress through activity–based learning.

Mr. M.S.Suresh Kumar, Advocate, Madurai Bench of Madras

High Court, handled the session on Jurisdiction of Civil Courts under

Section 9 of C.P.C. with Section 34 of Specific Relief Act, explaining

the various facts of law that confer and take away the jurisdiction of

the civil courts, with various decisions of the Supreme Court and High

Courts.

Mr. K.Sukumaran, Advocate, Kumbakonam dealt with the

session on components of final report, issues involved in taking

cognizance of offences, and procedure relating to trial proceedings in

criminal cases, detailing the powers and duties of the Magistrate while

taking cognizance of offences and the various procedures that are to

be followed while exercising power under Section 173(8) Cr.P.C. and

190 Cr.P.C., and referring to several decisions of the Supreme Court.

Hon’ble Mr.Jutice P.N.Prakash, Judge, High Court of Madras,

chaired the session on Emerging Trends in Cybercrimes and Cyber

Law and Mr. N.Karthikeyan, Advocate, High Court of Madras,

explained the various types of cyber crimes and the different tools

used to investigate them, explaining how to collect and preserve the

digital evidence procured during investigation.


Court, took a session on Jurisdiction of Civil Courts under Section 9

C.P.C. with Section 34 of Specific Relief Act, explaining the difficult

56

areas where the jurisdiction of civil Court is based both expressly and

impliedly and also the latest trends under Section 34 of Specific Relief

Act.

Mr.A.Rathavelu, Former District Judge, took the session on

Judgment Writing. The role of trial Judges in writing judgment and

the concept, meaning and theories relating thereto were discussed and

explained during the session. It was emphasized that the trial judges

play a critical and crucial role in building the foundation of a case.

Important elements of judgments, pleadings, and issues were

emphasized. The main issues are burden of proof and cause of action.

It was pointed out that judgments should always be written in simple

and understandable language and it should be short. Brevity,

simplicity and clarity are the important characteristics of the

judgment. In the matters of summary suits, preliminary issues,

review, restoration, compromise, the order must be brief.

Notwithstanding the fact that there is pressure of work and stress,

most of the judicial officers undergo today, improving skills in writing

judgments is more demanding.

The session on Recent Developments is Specific Relief Act was

taken by Mr.R.Gururaj, Advocate, High Court of Madras. The period

of limitation for a suit for specific performance of an agreement is

three years and the time of limitation starts from the date of filing of

the agreement. Many case laws on equity, justice, false pleadings,

burden of proof, property repurchase, etc. were discussed. The recent

amendments prescribing constitution of special courts and timelines

for disposal of cases, among others, he highlighted.

Mr.N.Manokaran, Advocate, High Court of Madras, discussed

the Law of precedents by sharing his own experience in legal

profession, and said that as law is dynamic, it is much required to

57

update one’s knowledge. The judicial officers were called upon to read

the latest judgment, every day, for improving their legal skills.

The session on stress management, taken by Dr.Ennapadam

S. Krishnamoorthy, Founder, Buddhi Clinic, began with a discussion

on stages of stress such as relaxed, pressurized, troubled, depression

and breakdown. After a short exercise, different causes of stress and

the ways to deal with them were discussed. The resource person

demonstrated various exercises, calling upon the participants to follow

to an expert as much as possible, so that they could manage stress.

Mr.Sukumaran, Advocate, Kumbakonam, handled the session

on prosecution for contempt of lawful authority of public servants (a)

offences against public justice, and (b) offences relating to documents

given in evidence. He said that under sections 195 to 199 Cr.P.C.

Limitation is prescribed on taking cognizance of offences by

magistrate. Sub-section 1(a) of Section 195 provides that no Court

shall take cognizance of any offence punishable under Sections 172 to

188 IPC, or of abetment or attempt or criminal conspiracy to commit

such offence, and Sections 172 to 188 IPC relate to offence of

contempt of lawful authority of public servants. He explained that

under section 195(i) (b) Cr.P.C, the prosecution of a person for giving

false statements, by and large, depends upon the importance of the

false statement. The resource person discussed the recent judgments

on theses aspects.

Mr.T.R.Ramamoorthy, Advocate, Thuraiyur, took on Overview

of Execution Proceedings, dealing with property attachment, salary

attachment. Time limit of execution petition is 12 years, he

emphasized. Order 21 Rule 64 deals with Immovable property and

Order 21 Rule 91 setting aside sale, he said, by referring to the

decisions of the higher courts of the country.

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Group discussion to discuss the aspects as set out in the

judgment of the Madras High Court in Murugasamy Vs. State, was

held, where the judicial officers were divided into four groups and each

group discussed one of the following topics, which are elaborately deal

with in the judgment: (1) historical background, (2) Section 164

Cr.P.C, (3) Dying Declaration, and (4) Test Identification Parde. Two

representatives from each group elucidated the historical background

and the practice and procedure to be followed in the matter, which

their groups discussed. All the groups represented the facts in their

best possible way and the nuances were analysed in the session.

Hon'ble Mr. Justice N.Anand Venkatesh, Judge, High Court of

Madras, dealt with the topic, “Registration of Criminal Cases,

Investigation, Framing of Charge and Trial: An overview”. His

Lordship explained how to register a criminal case and investigate the

same, and dealt with the Criminal Cases and Framing of Charge with

appropriate case laws. His Lordship also explained other aspects to

clear the participants’ doubts on framing of charge, investigation and

registration of criminal cases.

Mr.N.Karthikeyan, Advocate, High Court of Madras dealt with

the topic, “Emerging Trends in Cyber Crime and Cyber Laws”. The

Resource person explained the various types of cyber crimes and the

different tools used to investigate them. He further explained how to

collect and preserve the digital evidence procured during investigation.

He also explained the relevant provisions of I.T. Act dealing with

various cyber offences and procedures to be followed while dealing

with them.

Hon’ble Mr.Justice C.V.Karthikeyan, Judge, High Court of

Madras/Member, Board of Governors, TNSJA dealt with the topic on

Role of Judicial Officers, Prosecutors, and Investigating Officers, in

strengthening Criminal Justice System. His Lordship explained the

importance of the participation of both judicial officers and public

59

prosecutors in the effective administration of criminal justice referring

to the cases decided by the Madras High Court.


High Court, dealt with the topic, “Evidentiary Value of Scientific Tests

in Civil Cases”. He explained the various uses of the scientific tools

for deciding paternity that are useful in matrimonial and partition

cases. He also explained the procedure to be followed while ordering

DNA Test, in different proceedings and its evidentiary value vis-a-vis

presumption under Section 112 Evidence Act, based on several case

law.


Court, dealt with the topic “Transfer of Property Act 1) Transfer of

Immovable Property (Sections 38 to 53A) and 2) Gifts (Sections 122 to

129)”. The Resource person explained difficult areas where the

jurisdiction of civil Court is bared both expressly and impliedly and

also the latest trends under Section 34 of the Specific Relief Act and

the powers of the courts to pass orders, and discussed the points

under the said provision by referring to several decisions.

Mr.J.Karthic, Director, Kvell Skill School, Certified International

Trainer and Counsellor, dealt with the topic “Stress Management”. He

explained the importance of managing stress and different methods to

manage stress. He illustrated several instances, as to how stress

could be managed properly

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PART–IV

PROGRAMMES FOR RECENTLY APPOINTED CIVIL JUDGES

OF 2015 BATCH

1. INTENSIVE TRAINING PROGRAMME FOR THE RECENTLY

APPOINTED CIVIL JUDGES

Twelve judicial officers, in the cadre of Civil Judge belonging to

2015 batch, who were appointed in the subsequent year(s), underwent

intensive training for the period from 30.04.2018 to 29.06.2018.

During the above-said period, they underwent training in the Forensic

Sciences Department, Chennai, between 30.04.2018 to 11.05.2018

and as part of this training, they visited the various sections of the

department and got orientated of the procedure in analysis of the

material objects. They also visited Central Prison, Puzhal, Chennai;

Tamil Nadu Police Training Academy, Vandalur, Chennai; and Land

Survey Department in Kancheepuram, for one day each. From

17.05.2016 to 01.06.2018, the trainee judicial officers observed the

court proceedings and attended the administration work in the

Metropolitan Magistrate Courts in Chennai. They underwent training

as interns to the Hon’ble Judges of the High Court of Madras, at the

Principal Seat, between 04.06.2018 and 29.06.2018.

Of the twelve officers, one Civil Judge Trainee (who had bar

experience for less than four years) underwent further intensive

training for a period of four weeks from 02.07.2018 to 27.07.2018, as

being attached to an Assistant Judge, City Civil Court, Chennai, and

another Civil Judge Trainee, who could not attend the orientation

programme, underwent training, as being attached to an Assistant

Judge, City Civil Court, Chennai, from 02.07.2018 to 13.07.2018.

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2. FURTHER INTENSIVE TRAINING PROGRAMME

Of the twelve officers, one Civil Judge Trainee (who had bar

experience for less than four years) underwent further intensive

training for a period of four weeks from 02.07.2018 to 27.07.2018, as

being attached to an Assistant Judge, City Civil court, Chennai, and

another Civil Judge Trainee, who could not attend the orientation

progrmme underwent training, as being attached to an Assistant

Judge, City Civil Court, Chennai, from 02.07.2018 to 13.07.2018.

PART-V

SPECIAL TRAINING PROGRAMMES

1. COLLOQUIUM ON JUDICIAL DISTRICT ADMINISTRATION:

ISSUES AND CHALLENGES

As a first programme of the year 2018-2019, a Colloquium on

Judicial District Administration: Issues and Challenges for the

Principal District Judges, Chief Judicial Magistrates, newly promoted

District Judges, and the Registrars of the High Court of Madras, was

held on 10.06.2018 at TNSJA Headquarters, Chennai, and in it, 94

officers participated.

Inaugural Session

During the inaugural session, Hon'ble Mr. Justice T.S.


Governors, TNSJA, welcomed the gathering, pointing out the

importance of administration of a judicial district which ultimately

leads to better judicial system.

A special address was delivered by Hon'ble Mr. Justice F.M.

Ibrahim Kalifulla, Former Judge, Supreme Court of India, on

Constitutional Principles and Values vis-à-vis District Judiciary and

His Lordship highlighted the evolution of Constitution and detailed the

discussion taken place in the constituent assembly, consisting of a

series of agreements and compromises. His Lordship also explained as

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to how the rule of law is administered ever since the Constitution

came into being and touched upon the important Articles of the

Constitution, relating to freedom, equality, protection of life and

personal liberty, etc.

Inaugurating the programme, Hon'ble Ms. Justice Indira

Banerjee, Chief Justice, High Court of Madras/Patron-in-Chief,

TNSJA, spoke about the Judicial Behavior: Ethics, Neutrality and

Professionalism, and said that judges are independent and need to be

impartial and that competence can be improved only by hard work.

Her Ladyship also reminded the judicial officers of the conduct of a

judge outside the Court and its importance, and said that the mindset

of the judicial officers should be litigant-centric which enhances

access to justice and in a way, results in citizen-centric.

Proposing vote of thanks, Hon'ble Mr. Justice M. Sundar,

Judge, High Court of Madras/Member, Board of Governors, TNSJA,

touched upon the provisions of the Constitution relating to district

judiciary.

Working Sessions

The colloquium comprises four working sessions and each

session was chaired by a sitting Hon’ble Judge of the High Court of

Madras.

Hon'ble Mr. Justice T.S. Sivagnanam chaired the session on

Sensitivity on Impact of Arrears and Best Practices and Use of

Technology for Arrears Reduction, and Mr. C. Kumarappan, Registrar

(IT-cum-Statistics), High Court of Madras, and Mr.K.Srinivasa

Raghavan, State Informatics Officer, National Informatics Centre,

spoke about the progress of e-Courts project and the initiatives taken

from time to time to strengthen the information and communication

technology system in the district judiciary.

Session-II on Effective Co-ordination with Judicial Officers, Staff,

Advocates, and Government and Police Authorities, was chaired by

Hon'ble Mr. Justice P.N.Prakash, Judge, High Court of

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Madras/Member, Board of Governors, TNSJA, and in this session, the

challenges being faced by the stakeholders of the judicial system and

the opportunities to overcome such challenges were discussed. Mr.

Vijay Narayan, Advocate General, Tamilnadu, Dr. A.K.Viswanathan,

I.P.S., Commissioner of Police, Greater Chennai Police, and Mr.

R.Sakthivel, Registrar General, High Court of Madras spoke about the

respective roles of the stakeholders in the justice dispensation system.

Importance of timely sending of number statement, annually,

was stressed by Hon'ble Mr. Justice C.V. Karthikeyan, Judge, High

Court of Madras/Member, Board of Governors, TNSJA, who chaired

the session on Budgeting, Funds Management and Auditing, and Mr.

H. Krishnan Unni, IAS, Deputy Secretary, Finance Department,

Government of Tamilnadu, spoke in detail the Treasury Code and the

practice and procedure being followed by the Government.

The session on Adjudication through ADR Methods: Legal Aid

and Access to Justice, was handled by Hon'ble Mr. Justice N.

Seshasayee, Judge, High Court of Madras, and in the session,

Hon'ble Mr. Justice G.M. Akbar Ali, Former Judge, High Court of

Madras, and Mr.D.Bharatha Chakravarthy, Senior Mediation Trainer,

Mediator and Advocate, spoke and during the session, the necessity of

invoking Section 89 C.P.C. was emphasised. The judicial officers were

also called upon to invoke the alternative dispute resolution

mechanisms for finding permanent solution to the disputes.

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2. ONE-DAY SPECIAL EVALUATION PROGRAMME ON

JUDGMENT WRITING AND OTHER SKILLS FOR CIVIL

JUDGES

A first-ever Special Evaluation Programme on Judgment Writing

and Other Skills for Civil Judges belonging to 2015 Batch was

organised on 30th June, 2018, and 01st July, 2018, at TNSJA

Headquarters, Chennai, for the two groups of judicial officers,

separately.

Before the programme was conducted, two judgments from each

of the judicial officers in the cadre of Civil Judge belonging to 2015

batch, were requisitioned and they were evaluated on various

parameters, by the Director and the Deputy Directors of TNSJA, and

the judgments were graded as average, satisfactory, good and very

good. During the programme, each judicial officer had a one-to-one

meeting with the Director/Deputy Director and during that meeting,

the judicial officers were apprised of his/her strengths and

weaknesses and they were also given ideas and thoughts as to how to

improve their judgment-writing skills in future.

Hon'ble Mr. Justice T.S.Sivagnanam, Hon'ble Dr.Justice

G.Jayachandran, Hon'ble Mr. Justice C.V.Karthikeyan, and

Hon'ble Mr. Justice N.Sathish Kumar, Judges, High Court of

Madras/Members, Board of Governors, TNSJA, gave introduction and

overview of the programme and their Lordships laid an emphasis that

the amount of knowledge, a judicial officer possesses, must reflect in

judgment-writing and that all the skills, knowledge and intelligence

could be utilised in a better manner to discuss the issues and charges,

as the case may be, and find solutions and that ultimately, for any

judge, what matters most is judging matters.

Mr.M.Vallinayagam, Senior Advocate, Madurai Bench of Madras

High Court, handled a session on Framing of Issues and Appreciation

of Evidence in Civil Cases, Mr.K.Sukumaran, Advocate,

Kumbakonam, took a session on Framing of Charges and Appreciation

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of Evidence in Criminal Cases and that during the respective sessions,

the resource persons took the participants through the various legal

positions relating to judgment-writing and other aspects and also the

importance of questioning the accused under Section 313 Cr.P.C.

At the end of each day, the outcome of the one-to-one meeting

was discussed at length and the queries from the participant-judicial

officers were answered and their feedback obtained.

Hon'ble Mr. Justice M. Dhandapani, Judge, High Court of

Madras, also spoke during the training programme.

3. WORKSHOP ON PREVENTION OF MONEY LAUNDERING ACT

In association with the Enforcement Directorate, Ministry of

Finance, Government of India, a day-long workshop was organised on

Prevention of Money Laundering Act, on 8th July, 2018, at TNSJA

Headquarters, Chennai, and in the programme, 75 judicial officers

and 5 public prosecutors, and in all 80, participated.

Inaugural Session

Mr.G.Chandrasekharan, Director, Tamil Nadu State Judicial

Academy, delivered welcome address, enumerating the efforts taken by

TNSJA to organise the programme, in association with the

Enforcement Directorate.

Mr.Karnal Singh, I.P.S., Director, Enforcement Directorate, New

Delhi, gave a special address and spoke about the evolution of the

Money Laundering Law and its history and said that many countries

in South Asia are not implementing anti-terror initiatives, and the

money laundered are used in terrorist and other heinous activities.

Inaugurating the workshop, Hon'ble Mr. Justice S.

Manikumar, Judge, High Court of Madras/President, Board of

Governors, TNSJA, said that the activities of money laundering, having

adverse economic effects, damage the financial institutions which are

critical to economic growth, in view of the fact that large amount of

66

money obtained illegally, is given the facade of having a legitimate

source, in the process of money laundering, which is a serious threat

to global financial system and governance and this illegal activity is

also boosting international crimes and terrorist activities.

Underscoring the need for implementing the legal, regulatory and

operational measures for combating money laundering, terrorist

financing and other related threats to the integrity of the international

financial system, His Lordship called upon the participants comprising

judicial officers and public prosecutors to follow the legal provisions,

and the rules and regulations, in a constructive manner so as to see

that such heinous activity is curbed to a large extent.

Mr.K.S.V.V.Prasad, I.R.S., Joint Director, Enforcement

Directorate, Chennai proposed vote of thanks.

Working Sessions

There were three working sessions and each session was chaired

by a sitting judge of the High court of Madras. Session-I on Money

Laundering Law: History, Need and Working was chaired by Hon'ble

Dr. Justice G.Jayachandran, Judge, High Court of Madras/Member,

Board of Governors, TNSJA, and in it, Mr. Karnal Singh, I.P.S.,

spoke. During the session, the various stages, like placement,

layering, and integration, were discussed, and so also the modes of

stashing the money, viz. domestic, returning, inbound, outbound, and

flow-through. The structure of the authorities under the statute was

also explained.

Session-II on Money Laundering Law: Salient Features and

March of Law was chaired by Hon'ble Mr. Justice P.N.Prakash,

Judge, High Court of Madras/Member, Board of Governors, TNSJA,

and Mr.A.C.Singh, Deputy Legal Advisor, Enforcement Directorate,

New Delhi, highlighted the important features of the enactment and

the recent judgments on various aspects of the law, delivered by the

higher courts of the country, were also discussed.

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The last session on Strict Enforcement of Money Laundering

Law: Role of Stakeholders and Challenges was chaired by Hon'ble

Mr.Justice M.Dhandapani, Judge, High Court of Madras, and in this

session, Mr.G.Rajagopalan, Additional Solicitor General of India,

Chennai and Mr.A.C.Singh, Deputy Legal Advisor, Enforcement

Directorate, New Delhi, spoke, and the former listed the initiatives and

efforts taken by the Government of India in curbing the menacing

activities of money laundering.

Valedictory Session

During the valedictory session, Mr. Karnal Singh, I.P.S. gave

the scope of investigation done by the predicate agencies, like Central

Bureau of Investigation, and the reasons for filing final report with

delay. Hon'ble Mr. Justice S.Manikumar, offered valedictory address

by stating that the programme evaluation details obtained from the

participant-officers are analysed by TNSJA, so as to incorporate any

new topics in the future programmes to improve the content of the

programmes better.

4. ONE-DAY ORIENTATION PROGRAMME ON ADOPTION, GUARDIANSHIP AND JUVENILE JUSTICE

In collaboration with the Indian Council for Child Welfare, an

Orientation Programme on Adoption, Guardianship and Juvenile

Justice was held on 5th August, 2018, at TNSJA Headquarters,

Chennai, for the District Judges, numbering 52.

Inaugural Session

Mr.G.Chandrasekharan, Director, Tamil Nadu State Judicial

Academy welcomed the gathering.

Mr. Job Zachariah, Chief of UNICEF, Chennai, giving special

address, said that there is scope for the children to be placed in social

mainstream and that the neighbouring state of Kerala is a model of

68

foster care and that such mechanism for the better care and

protection of children need to be followed.

Hon’ble Mr. Justice K. Chandru, Former Judge, High Court of

Madras, referring to the Directive Principles of State Policy of the

Constitution of India, under Articles 39(e) and (f) and 45, said that a

legislative change conferring the order of adoption on the District

Magistrate, has been proposed.

Hon'ble Mr. Justice S. Manikumar, Judge, High Court of

Madras/President, Board of Governors, Tamil Nadu State Judicial

Academy/Chairman, Juvenile Justice Committee, inaugurating the

programme, said that TNSJA has been conducting programmes on

women and children as often as possible. Referring to the

Lakshmikanth Pandey case, where timeline was fixed for early disposal

of adoption cases, His Lordship spoke about the importance of Section

61 of the Juvenile Justice (Care and Protection of Children) Act, 2015,

which the courts should bear in mind before passing adoption order,

and also enumerated the steps being taken by the Juvenile Justice

Committee at the High Court of Madras – the recent one was to involve

the School Education Department to draw a calendar of programmes

to create awareness and sensitivity among the children as well as the

teachers on the importance of safeguarding the interests of children.

Mrs. Andal Damodaran, President, ICCW, Tamilnadu proposed

vote of thanks.

Working Sessions

Hon'ble Mr. Justice P.Rajamanickam, Judge, High Court of

Madras/Member, Juvenile Justice Committee, during the session on

Adoption of Children in India (Past and present) with reference to Laws

and Guidelines, explained the significance of Sections 58 and 59 of the

Juvenile Justice Act dealing with in-country adoption and inter-

country adoption, respectively, of orphan, abandoned and surrendered

children.

69

Mr. S.Thanasekarapandian, Joint Director, Department of

Social Defence, handled a session on Role of CWC, Specialised

Adoption Agency and State Adoption Resource Authority, while Mrs.

Chandra Devi Thanikachalam, Vice President, ICCW, Tamilnadu,

spoke about the Scrutiny of Adoption Cases and explained the tasks to

be performed by the adoption scrutinizing agencies and the purpose of

home visit.

Hon’ble Mr. Justice K. Chandru, Former Judge, High Court of

Madras, illustrated the challenges being faced by the courts in

guardianship matters, with special emphasis on curtailing the delay in

disposing of cases, while Hon'ble Mrs. Justice R. Hemalatha, Judge,

High Court of Madras/Member, Juvenile Justice Committee, gave an

outline of the challenges in Juvenile Justice with specific reference to

the recent amendments and its effects on adoption.

An open house discussion was held at the end of the working

sessions.

5. SPECIAL TRAINING PROGRAMME ON RECENT TRENDS IN CHEQUE BOUNCING CASES

The judicial officers in the cadre of Civil Judge, numbering 36,

participated in the Special Training Programme on Recent Trends in

Cheque Bouncing Cases, held on 18.08.2018.

Mr. V. Sivakumar, Senior Advocate, Coimbatore, dealt with the

topic on Proceedings under Section 138 of Negotiable Instruments Act:

Techniques for early disposal. The Resource Person explained the

ingredients of Sections 138, 142 to 145, and 147 of the Act, took the

participants through the various provisions of the Cr.P.C and Indian

Penal Code. He emphasised the officers to cut short long

adjournments and to have a hold over the day-to-day proceedings.

A group discussion was held, where the participant-judicial

officers, forming several groups, discussed the practical problems

70

being faced by them in courts and the judgment in K. Senthilmurugan

vs P. Sathishkumar [2018 (2) MWN (CRL) DCC 56 (MADRAS)], and

thereafter one representative from each group made presentation.

The session on Mr. M. Sanjaiyan, Senior Advocate, Coimbatore,

spoke about the precedents and recent trends in the law, pointing out

the importance of Sections 251, 258, and 264 of Cr.P.C. and

discussing the various provisions of the Indian Penal Code, and the

fundamental concepts, like appreciation of evidence, burden of proof,

misuse of cheque, summons trial, and sentence of imprisonment.

The session on Cheque Bouncing Cases: Banker’s Perspectives

was handled by Mr. Kunal Kishor, Chief Manager(Law), Indian Bank,

Zonal Office, Coimbatore. In this session, the resource person took the

participants through various rules regarding the Negotiable

Instruments Act and the Reserve Bank of India Regulations in the

matter and also explained the practice followed by the banks where

cheque is issued to the account-holder, deposited, honoured, and all

other stages, when the instrument passes through.

6. TRAINING PROGRAMMES ON CYBER LAW, CYBERCRIMES, ELECTRONIC EVIDENCE, AND OTHER ASPECTS OF INFORMATION TECHNOLOGY, AT JUDICIAL DISTRICTS' HEADQUARTERS

In pursuance of the direction of the e-Committee of the Supreme

Court of India, it was decided by the Hon’ble Governing Body of the

Tamil Nadu State Judicial Academy to conduct a training programme

on Cyber Law and Cybercrimes, Electronic Evidence and other aspects

of Information Technology, at each District Headquarters from

13.08.2018 to 06.10.2018, for the judicial officers functioning in the

respective districts, with the services of Mrs.R.Arulmozhiselvi, Sub

71

Judge, Avinashi, as resource person, who, earlier, underwent training

at the Sardar Vallabhbhai Patel National Police Academy, Hyderabad.

The programme was conducted in each judicial district

headquarters for two hours between 6.00 p.m. to 8.00 p.m. after

closure of court hours and during the programme, the topics on

Overview of Cybercrimes and Cyber Law, Digital Evidence: Pre-trial

and Post-trial Stages, Courtroom Practice: Trial Stage and Handling

Electronic Evidence, and Appreciation and Admissibility of Electronic

Evidence, were covered.

7. SENSITISATION PROGRAMME ON JUVENILE JUSTICE LAW

In the day-long Sensitisation Programme on Juvenile Justice

Law, held on 19.08.2018 at TNSJA Regional Centre, Madurai, 33

judicial officers, 31 District Child Protection Officers, 34 Probation

Officers, and 5 State Juvenile Police Unit Officials – in all 103 – took

part.

During the first session, Dr.S.Elumalai, Assistant Professor,

Tamil Nadu Dr.Ambedkar Law University, took an overview of the

Juvenile Justice Act, 2015, explaining the powers and responsibilities

of the Juvenile Justice Boards, the District Child Protection Officers

and the Probation Officers under the Act.

Mr. S.Thanasekarapandian, Joint Director, Department of

Social Defence, spoke about the role of Probation Officer, District

Child Protection Officer, and Child Welfare Committee, in Juvenile

Justice Delivery System, and their responsibilities to identify proper

and effective rehabilitation machineries for the children in conflict

with law.

Dr. M.Selvi, Consultant Clinical Psychologist, dealt with the

topic on the Psychological Aspects in dealing with Juveniles and the

72

Preliminary Assessment under Section 15 of Juvenile Justice Act,

2015. She detailed the characteristics of the children who get into

conflict with law, explaining the procedures followed to assess the

mental capacity of the juveniles.

A group discussion on effective implementation of the objectives

of the Juvenile Justice Act, 2015, was held and the representatives of

the groups presented their views.

8. WORKSHOP ON ANTI-CORRUPTION LAW: PRACTICE AND PROCEDURE

The District Judges and the Senior Civil Judges, in all 55,

handling corruption cases, participated in the workshop on Anti-

Corruption Law: Practice and Procedure, held on 25.08.2018 at TNSJA

Regional Centre, Madurai.

Mr. K.Sukumaran, Ex. Public Prosecutor/Advocate,

Kumbakonam, dealt with the topic on Salient features of Prevention of

Corruption Act, 1988, and the Recent Amendments. The important

provisions of the Old Act and the corresponding amendments made

recently, were explained in detail. He also referred to several

authorities dealing with the important provisions of the Act.

Mr. K.Shanmugam, ADSP, Directorate of Vigilance and Anti-

Corruption, handled the session on Practical Aspects of Investigation

of Anti-corruption Cases. He along with the team of his department

personnel demonstrated, by way of enacting a drama, the various

stages and procedures adopted in trap cases.

Mr. K.S.V.V.Prasad, Joint Director, Directorate of Enforcement,

Chennai, took the session on Prevention of Money Laundering Act,

2002: An Overview. He explained the functioning of the Enforcement

Directorate and the importance of the said Act, and spoke about the

73

modus operandi adopted by the perpetrators of crimes in laundering

money.

Group Discussion and Presentation on speedy disposal of Anti-

corruption cases, was held at the end of the programme.

9. SEMINAR ON EMERGING TRENDS IN CYBER LAW AND ARTIFICIAL INTELLIGENCE: IMPACT ON INVESTIGATION AND ADJUDICATION

For the first time, a programme on Artificial Intelligence, having

been incorporated in the annual calendar, was held on 30th

September, 2018, at TNSJA Headquarters, Chennai, and 75 judicial

officers took part in the programme.

Hon'ble Mr. Justice C.V. Karthikeyan, Judge, High Court of


object of the programme, said that artificial intelligence system is

making inroads into every walk of life and the impact is now felt more

in medical science for diagnosis and that the AI system analyses big

data and gives solution and that the day is not far off when such

systems will have a greater role in the judicial system.

Mr. V. Balu, Advocate, High Court of Madras, handled the

session on Electronic and Digital Evidence: Importance of Procedural

Aspects in Trial Proceedings, while Dr.R.Baskaran, Associate

Professor, Department of Computer Science and Engineering, Anna

University, Chennai, took a session on Awareness of Artificial

Intelligence and Legal Perspectives.

The session on Recent trends in, and Investigation of, Cyber

Crimes was taken by Mr.Praveen Kumar Abhinapu, I.P.S.,

Superintendent of Police, CBCID, Chennai, who, during the session,

highlighted the aspects relating to investigation of cybercrimes and the

challenges the investigating officers face during investigation. He also

shared his experience of investigating important cases of cybercrimes.

74

An overview of Cyber Forensics was taken by Mr.K.Manivannan,

Assistant Director, Computer Forensics Division, Forensic Sciences

Department, Chennai. He detailed the practice and procedure followed

in the forensic laboratory as regards the forensic analysis of digital

evidence. He also requested the judicial officers to follow certain

precautions before sending the electronic data and devices for forensic

examination.

10. WORKSHOP ON CASES UNDER RAILWAY PROPERTY

(UNLAWFUL POSSESSION) ACT AND RAILWAYS ACT

In the Annual Calendar 2018-2019, for the first time, an

exclusive programme on Cases under the Railway Property (Unlawful

Possession) Act and the Railways Act was included and in this

programme held on 27th October 2018, at TNSJA Headquarters,

Chennai, the judicial officers, numbering 70, dealing with these Acts

were the participants.

Hon'ble Mr. Justice Abdul Quddhose, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, spoke about the

importance of judicial ethos and said that judicial knowledge must

include legal and non-legal things, ethics and conduct. His Lordship

called upon the judicial officers to follow the Bangalore Principles in

letter and spirit and reminded the participants that mutual

involvement between the resource persons and the participants makes

the latter understand the subject better.

Mr.C.S. Santhosh, Assistant Public Prosecutor, Southern

Railway, Madurai Division, took the participants through the

important legal provisions as envisaged in the Railway Property

(Unlawful Possession) Act and the Railways Act and explained the

significance of the enactments by stating that the RPF officials are not

legally called as police officials and thus, the statements and the

confessions recorded by them during enquiry are admissible in

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evidence. The inquiry aspects in the cases under the aforesaid Acts

were well-explained by Mr.P.Ponraj, Security Commissioner, Southern

Railway Headquarters, who shared his experience of enquiring into

some of the important cases.

Dr. S.T.Venkateswaran, Head of Department, Department of

Yoga, Government Yoga and Naturopathy Medical College, Chennai,

took a session on Lifestyle and Stress Management.

11. WORKSHOP ON LAWS RELATING TO CHILDREN: CHANGING PERSPECTIVES FOR PRESIDING OFFICERS DEALING WITH CHILDREN CASES

44 judicial officers in the cadre of District Judge and Civil Judge

participated in the two-day workshop held on 10.11.2018 and

11.11.2018 at TNSJA Regional Centre, Coimbatore.

Dr. S.Elumalai, Assistant Professor, Tamil Nadu Dr. Ambedkar

Law University, elaborately discussed the Salient Features of Juvenile

Justice (Care and Protection of Children) Act, by tracing its history,

scope and objectives. The role of Judiciary in the development of law

for the care and protection of children, who are in conflict with law,

was also explained with clarity through various decisions of the

Supreme Court and the various High Courts. The concept of

rehabilitation and social reintegration was also highlighted.

Dr. A. Selvaraj, Professor, Govt. Arts College, Coimbatore,

handled the topic on Conducting Preliminary Assessment – Practical:

An Overview, and deftly explained the factors that are to be looked into

while analysing a child’s behavior. The various stages of development

in the psychological aspects of a child, starting from child to

adolescence and the difference between development and maturing of

the emotional, social and physical characteristics, were the other

issues touched upon by the resource person.

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The session on Concerns and Challenges relating to Protection of

Children from Sexual Offences Act, 2012: (a) Procedure relating to

remand, and recording statements of victim and witness under Section

164 Cr.P.C., and (b) Appreciation of Evidence, was handled by Mr. M.

Madhivanan, Advocate, Coimbatore, who pointed out the scope and

object of the Act and the significance of Sections 161 to 165 of Cr.P.C.

Mrs. Sarah Angeline James, Legal Officer, International Justice

Mission, along with Ms. Roseann Rajan, Advocate, High Court of

Madras, took the session on The Child Labour (Prohibition and

Regulation) Act and Bonded Labour System (Abolition) Act. The

Resource Persons elaborately discussed the subject of human

trafficking in the light of section 370 IPC.

Mrs. T. Vijayalakshmi Menon, Member, Child Welfare

Committee, took the session on Commissions for Protection of Child

Rights Act, 2005: An Overview. She discussed the subject of child

right and the concept of rehabilitation and social reintegration.

Mr. A. Velmurugan, Deputy Superintendent of Police,

Coimbatore, handling the topic on Investigation of Offences involving

Children as Victims/Witnesses/Offenders, explained the procedures in

handling juvenile victims with respect to the POCSO Act. He dealt

with the procedures of District Child Care Protection Unit and the role

of Special Juvenile Police Unit (SJPU) with respect to children in need

of care and protection. He also discussed the following topics:

determination of age of juveniles, role of police while dealing with

victims of child sexual abuse, procedures for producing children

before the Child Welfare Committee, procedures to be followed with

respect to missing children, procedures to be followed in case of child

labour, procedures to be followed in case of child marriage, and child

trafficking.

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The session on Adoption under the Juvenile Justice (Care and

Protection of Children) Act, was handled by Dr. Augustus Samuel

Dodd, Grace Kennett Foundation, Madurai. The role of Judiciary and

the court procedure for adoption of child, was discussed during the

session. The Resource Person touched upon both in-country adoption

and inter-country adoption.

12. SEMINAR ON LABOUR LAW: PROBLEMS AND

PERSPECTIVES

The district judges, dealing with the cases relating to labour law

and industrial disputes, numbering 53, participated in the one-day

Seminar on Labour Law: Problems and Perspectives, held on

17.11.2018 at TNSJA Headquarters, Chennai.

Hon'ble Mr. Justice N. Sathish Kumar, Judge, High Court of


object of the programme, touched upon very many issues where the

judicial officers are required to concentrate on, so that the process of

learning and the application of knowledge will be better.

Mr. S. Ravindran, Senior Advocate, High Court of Madras, said

that labour jurisprudence transformed from pro-labour regime to the

present regime where the rights of the labourers are very hard to win

and that the types of issues which the workers get involved in, are

collective and individual. He referred to the important legal provisions

as contemplated in the Industrial Dispute Act. Illustrating a case, he

informed that the present industrial unrest defied solution through

conciliation proceedings and ultimately, it was resolved by the district

administration.

Mr. S. Senthilnathan, Advocate, High Court of Madras, referred

to the important decisions of the Supreme Court and the Madras High

Court in labour jurisprudence, while Mrs.S.Kalaivani, Additional

Commissioner of Labour (Retd.), Government of Tamilnadu, shared

her experience as a labour officer and a conciliation officer and she

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spoke about the state of industrial climate having impact on labour

issues, the functioning of work committees and the challenges

involved in conflict management.

13. SPECIAL TRAINING PROGRAMME ON MOTOR ACCIDENT CLAIMS CASES

One-day Special Training Programme on Motor Accident Claims

for District Judges and Senior Civil Judges, was conducted on

18.11.2018, at TNSJA Regional Centre, Coimbatore, and in it, 49

judicial officers participated.

Mr. S. Srinivasa Raghavan, Advocate, Madurai Bench of

Madras High Court, dealt with the topic on Distinction Between No

Fault Liability and On Fault Liability under the Motor Vehicles Act,

explaining all the basic concepts involved in the law of insurance

relating to motor vehicles and the limits of the liability of an insurer.

He took the participants through all the latest developments and

explained the difference between no fault liability claim under section

140 and on fault liability claim under section 166 of the Act. Liability

of the insurer with respect to gratuitous passengers, mini door auto,

tractor trailer and rig lorry, were also lucidly explained.

The topic on Second Schedule to Section 163A of the Motor

Vehicles Act: Scope of recent amendment, was also handled by Mr. S.

Srinivasa Raghavan, Advocate, Madurai Bench of Madras High Court.

He said that certain procedures are to be taken into consideration,

while claiming liability under Second Schedule to Section 163A of M.V.

The difference between Sections 140 and 163A was also highlighted.

Dr. B.Palanisamy, Physiatrist, Civil Assistant Surgeon,

Coimbatore Medical College Hospital, dealt with the session on

Accidents, Injuries, Trauma, Pain and Suffering: Assessment of

Disability, elaborately discussing the subject of assessment of

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disability and explaining the nature of injuries that are likely to be

caused in a motor accident and how the disability is calculated

depending on the injuries suffered. He threw much light on the

procedure in case of disability certificate. permanent physical

impairment disability, visual disability, loco motor disability,

assessment of loss of earning capacity, multiple disability and the

guidelines for evaluation of disabilities. The telescopic formula for

calculating disability A+B(90-A)/90 was also explained.

14. JUDICIAL COLLOQUIUM ON ANTI-HUMAN TRAFFICKING

A one-day Judicial Colloquium on Anti-Human Trafficking was

organised by the Tamil Nadu State Judicial Academy (TNSJA), in co-

ordination with the Ministry of Home Affairs, Government of India,

and the Police Department, Government of Tamilnadu, on 24.11.2018,

at TNSJA Headquarters Chennai, and in it, 52 judicial officers in the

cadres of District Judge, Senior Civil Judge, and Civil Judge, 44 Police

Officers, 6 Government officials, and 4 Representatives of the Non-

Governmental Organizations, – in all, 106 participated.

Mr. Amaraesh Pujari, I.P.S., Additional Director General of

Police, CBCID, Tamilnadu, giving scope and object of the programme,

stated that anti-human trafficking is a form of modern-day slavery and

it has taken several dimensions and the activities of perpetrators are

nefarious and notorious. He has also pointed out that technology is

also giving greater aid to the persons involved in such criminal

activities, while urging that the awareness as regards the menace of

anti-human trafficking has to be built up among not only the

stakeholders, but also the general public.

Inaugurating the programme, Hon’ble Mr. Justice

C.V.Karthikeyan, Judge, High Court of Madras/Member, Board of

Governors, TNSJA, said that the objective of the programme, is to

sensitise the participant-officers on the perils of our social system,

80

where thousands of women and children are trafficked for sex, labour

and organ trade. His Lordship expressed his concern on the increase

of anti-social activities in the trade of trafficking women and children,

which are detrimental to the social fabric of our country. His Lordship

also referred to the statistics vis-à-vis human trafficking as brought

out by the National Crime Records Bureau for the year 2016 and

stated that the statistics gives a grim picture as to the state of affairs

of our country on this aspect. Though there are various legislations

prescribing tough penalties to the perpetrators, there is still lack of

implementation mechanism, which need to be strengthened, His

Lordship said, while urging the judicial officers and other stakeholders

to put into practice a better adjudication process, and investigation

and rescue mechanisms and calling upon the participants to utilise

the opportunity to gain knowledge on these aspects.

Dr. P.M.Nair, I.P.S. (Retd.), Chairperson, Centre for Police

Studies and Public Security, Tata Institute of Social Sciences,

Mumbai, spoke about the Concepts, Dimensions, Responses,

Challenges and Innovations in Anti-Human Trafficking. He made

greater insights into the issues as relating to human trafficking and

other issues connected therewith and incidental thereto. The tentacles

of the nefarious activities has assumed greater proportions year after

year, he said. He also highlighted the importance of strengthening the

investigation mechanism, more particularly, so that the consecutive

stages of legal process will take its right way, so as to see that the

perpetrators of such crimes are brought to book and put behind bars,

by way of increasing the rate of conviction. All the stakeholders of the

system, who are associated with the issues of anti-human trafficking,

need to be sensitized and must be aware of the damage being caused

to the society by the criminals indulging in such activities. He called

upon the participants to exchange their views for strengthening the

81

system and the process, as only by way of collective efforts, things

could be done at a satisfactory level.

Mr. Anoop Jaiswal, I.P.S. (Retd.), Former Director General of

Police, Tamilnadu, dealt with the session on Human Trafficking vis-à-

vis Human Rights. He took the participants through the evolution of

human rights and the intrinsic relationship between human rights

and human trafficking. He pointed out that there are transnational

dimensions of such activities and reminding the participants of the

fact that life is larger than law, and that one must be socially sensitive

so that solution could be found to the problems the country is

entangled with. He also said that in any organised crime, such as anti-

human trafficking, criminal is identified first and then the crime,

unlike the conventional crime where crime is identified before

criminal.

The session on Effective Implementation of the Practice and

Procedure relating to Investigation, Prosecution and Adjudication in

Human Trafficking Cases, was handled by Mr. Bhuwan Ribhu,

Bachpan Bachao Andolan, New Delhi, who dealt with the issues and

challenges the children, particularly those illiterate, abandoned,

orphan and trafficked, are facing. He also referred to several real-time

instances where children got into the hands of anti-social elements

and said that getting the children escape from their clutches is very

difficult. Pointing out that billions and billions of dollars are involved

in human trafficking, he prevailed upon the participants to do better

by way of enforcing the legal provisions in a strict manner so that

future leaders, who are the children now, can be cared, safeguarded

and protected.

At the end of the day-long programme, an open house discussion

was held, where the participants exchanged their views and opinions

on the issues being faced by them and the participants found the

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sessions on various topics, and the discussion and interaction, useful

and beneficial to their day-to-day work involving such cases.

Mr. R. Raja Srinivas, Deputy Superintendent of Police, CBCID,

Juvenile Justice Unit, Tamilnadu, proposed to vote of thanks.

15. SEMINAR ON FOREST LAWS: NEED FOR STRINGENT ENFORCEMENT AND APPLICATION FOR PRESIDING OFFICERS DEALING WITH FOREST CASES

The presiding officers of courts dealing with forest cases,

numbering 43, took part in the one-day Seminar on Forest Laws, was

held on 24.11.2018, at TNSJA Regional Centre, Coimbatore.

Mr. K. Kalidasan, President, Osai Environmental Organization,

Coimbatore, dealt with the topic on Safeguarding Forests, Wildlife and

Biodiversity: Role of Courts, speaking about the biosphere,

conservation of forests, wildlife, sources of river, deforestation, global

warming, greenhouse effects and indiscriminate killing of wildlife. He

pointed out that out of the 18 biodiversity hotspots in the world, India

has two and they are Eastern Himalayas and Western Ghats. He

discussed about the various species living in the Western Ghats and

explained the consequences of the destruction happening in animal

habitats.

The topic on Animal Behavior and ecology – Anatomical and

social behavior of herbivores and carnivores – Man-animal conflict –

Corridor fragmentation, was handled by Dr. N. Kalaivanan, Veterinary

Assistant Surgeon, Theni. He discussed the types of elephants,

elephant family group, feeding, elephant habitats, genuine elephant

tusk, man-elephant conflict.

Mr. D. Venkatesh, I.F.S., District Forest Officer, Coimbatore,

detailed the problems relating to handling forest and wildlife offences

including trial in court, the problems and hurdles faced while booking

offences, and the legal procedure for detection and eviction of

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encroachment in forest areas. He also lucidly explained the

ingredients of the Sections 9, 29, 39 and 54(1) of the Wildlife

(Protection) Act, and highlighted the importance of Sections 4, 11, 16

and 49 of the Indian Forest Act, and explained the legal issue of

encroachment of forest land by the private persons.

Group discussion on Safeguarding Forests, Wildlife and

Biodiversity: Role of Courts, was held and the judicial officers

presented their views and opinion.

16. STATE CONSULTATION ON FAMILY LAWS

A one-day State Consultation on Family Laws was held on

24.11.2018 at TNSJA Regional Centre, Madurai, and in the

programme, 58 judicial officers in the cadres of District Judge, Senior

Civil Judge, and Civil Judge took part.

Hon’ble Mr.Jutice T.S.Sivagnanam, Judge/Chairman,

Committee for Sensitisation of Family Court Matters, High Court of

Madras/Member, Board of Governors, TNSJA, spoke about enhancing

judicial skills: (1) understanding conflicts in relationship; (2) services

of counsellors, welfare experts, medical experts and NGOs; and (3) the

art of thinking out of box. His Lordship explained the essential judicial

skills that require to be enhanced and the five main causes for

conflict, emphasised the importance of understanding the conflict in

relationships and to find out the ‘epicentre’ of the problem for proper

reconciliations of conflicts, and discussed the methods as to how to

solve the conflicts.

Mrs.B.S.Ajeetha, Advocate, High Court of Madras, elaborately

discussed the procedure relating to execution of maintenance/alimony

orders, reconciliation and settlement culture: ADR. She explained the

importance of passing enforceable orders in family disputes and the

problems and difficulties the courts are facing while executing alimony

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orders. She also explained the necessity to improve the infrastructure

of family courts that would help in resolving the conflicts easily. She

also referred to various decisions of the Supreme Court and the High

Courts, propounding principles for granting maintenance.

Mr.S.Srinivasa Raghavan, Advocate, Madurai Bench of Madras

High Court, discussed in detail as to how to tackle multiple legal

disputes regarding divorce, judicial separation, restitution of conjugal

rights, adoption, the procedure as regards maintenance under Section

125 Cr.P.C., the procedure relating to Protection of Women from

Domestic Violence Act, Section 498-A Indian Penal Code, and Dowry

Prohibition Act. He explained the important role of a Family Court

Judge to control desperate emotions and the importance of

sensitisation of all the stakeholders to avoid multiplicity of

proceedings. He also requested the participants to improve the

possibilities of granting gag orders and injunctions against filing of

other proceedings without permission of the family court where the

main case is pending.

Mrs.N.Chitra, Psychologist, Madurai, took a session on (1)

Understanding Child Welfare Practices: Children’s Welfare and Best

Interests; (2) Child Custody and Visitation Rights including Interim

Custody; and (3) Shared Parenting: Every kid needs both parents. She

explained the various aspects and different issues that have to be

considered while dealing with matrimonial disputes. She circulated a

problem and discussion on various possibilities of granting suitable

orders regarding custody, visitation rights and shared parenting,

keeping in mind the welfare of child and its best interests, was held.

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17. ONE-DAY SPECIAL EVALUATION PROGRAMME ON

JUDGMENT WRITING AND OTHER SKILLS FOR CIVIL

JUDGES

A one-day Special Evaluation Programme on Judgment Writing

and Other Skills for Civil Judges belonging to 2012 Batch was

organised on 30th March, 2019, and 31st March, 2019, at TNSJA

Headquarters, Chennai, for the two groups of judicial officers,

separately.

Before the programme was conducted, two judgments from each

of the judicial officers in the cadre of Civil Judge belonging to 2012

batch, were requisitioned and they were evaluated on various

parameters, by the Director and the Deputy Directors of TNSJA, and

the judgments were graded as average, satisfactory, good and very

good. During the programme, each judicial officer had a one-to-one

meeting with the Director/Deputy Director and during that meeting,

the judicial officers were apprised of his/her strengths and

weaknesses and they were also given ideas and thoughts as to how to

improve their judgment-writing skills in future.

Hon'ble Mr. Justice C.V.Karthikeyan, Hon'ble Mr. Justice

N.Sathish Kumar, High Court of Madras/Members, Board of

Governors, TNSJA, Hon'ble Mr. Justice N. Seshasayee, Judge, High

Court of Madras, gave introduction and overview of the programme

and their Lordships laid an emphasis that the amount of knowledge, a

judicial officer possesses, must reflect in judgment-writing and that all

the skills, knowledge and intelligence could be utilised in a better

manner to discuss the issues and charges, as the case may be, and

find solutions and that ultimately, for any judge, what matters most is

judging matters.

Mr.M.Vallinayagam, Senior Advocate, Madurai Bench of Madras

High Court, handled a session on Framing of Issues and Appreciation

of Evidence in Civil Cases, while Mr.K.Sukumaran, Advocate,

86

Kumbakonam, took a session on Framing of Charges and Appreciation

of Evidence in Criminal Cases and that during the respective sessions,

the resource persons took the participants through the various legal

positions relating to judgment-writing and other aspects and also the

importance of questioning the accused under Section 313 Cr.P.C.

At the end of each day, the outcome of the one-to-one meeting

was discussed at length and the queries from the participant-judicial

officers were answered and their feedback obtained.

18. WORKSHOP ON SPECIAL PROCEDURE RELATING TO

NDPS CASES

34 judicial officers in the cadre of District Judge participated in

the one-day workshop held on 16.03.2019 at TNSJA Regional Centre,

Coimbatore.

Hon’ble Dr. Justice G. Jayachandran, Judge, High Court of

Madras, chaired the sessions. on (1) Narcotic Drugs and Psychotropic

Substances Act, 1995: An Overview, and (2) Presumption of Culpable

Mental State vis-à-vis Reverse Burden of Proof”. His Lordship, lucidly

explained the ingredients of Sections 2, 7, 14, 35, 36 and 67, of NDPS

Act, the provisions relating to search and seizure. The difference

between small quantity and commercial quantity was also explained

by the resource person. His Lordship also took the participants

through the various provisions of the Customs Act and explained their

significance. All the relevant and latest case law on the subject were

also explained.

The topics (1) Measures for Expediting Disposal of NDPS cases

and (2) Sentencing Policy for Drug Offenders under the NDPS Act”

were also handled by the Hon’ble Dr. Justice G. Jayachandran,

Judge, High Court of Madras. His Lordship highlighted the importance

of the directions of the Hon’ble Supreme Court of India in Balbir’s

case, S.K. Raju’s case, Baldev’s case and Hira Singh‘s case. His

Lordship emphasised the significance of Sections 24, 27A, 37, 41, 42,

87

43, 51, 52, and 52(A) of the NDPS Act. His Lordship also explained

about the effect of retracted confession given by the accused in NDPS

offences.

The session on (1) Disposal of Narcotic Contrabands, (2)

Provisions relating to Search and Seizure under the NDPS Act, and (3)

March of Law in NDPS Cases”, was handled by Mr.K.Sukumaran,

Advocate, Kumbakonam. The Resource Person highlighted the

importance of Sections 12, 19, 27 to 43, 49, 52 (A), 54, 66, 67, 68(J)

of NDPS Act, the various provisions of the Cr.P.C, Indian Evidence Act

and Indian Contract Act. He took the participants through Article 21

of Constitution of India. all the relevant case law on the subject were

also explained by the resource person.

PART-VI

EXCHANGE PROGRAMME: VISIT OF TRAINEE CIVIL JUDGES

JUNIOR DIVISION/JUDICIAL MAGISTRATE FIRST CLASS

FROM MAHARASHTRA

Sharing best practices being adopted in various states of the

country is a method, by which the judicial officers of a state visiting

the other state learn the procedures and practices followed in the

visiting state. Giving its contribution to this process, TNSJA received

40 judicial officers in the cadre of Civil Judge (Junior

Division)/Judicial Magistrate First Class, from the state of

Maharashtra for training for four days from 24th to 27th September,

2018, at TNSJA Headquarters, Chennai.

Inaugurating the programme, Hon’ble Mr. Justice T.S.


Governors, TNSJA, said that learning is a continuous process and

training and development of human resources is one of the core

activities of any organization across the world and that exchange

programme gives greater opportunities for the visiting judicial officers

to learn more about the historical, sociological and cultural

characteristics of the place of visit, in addition to the legal aspects.

88

The judicial officers were given training in TNSJA for two days,

where Hon’ble Mr.Justice B. Rajendran, Former Judge, High Court

of Madras; Mr. G.S. Madhusudan, Senior Programme Adviser, Indian

Institute of Technology Madras; Dr.S.Elumalai, Assistant Professor,

Tamil Nadu Dr. Ambedkar Law University; Mr.V.Karthic, Senior

Advocate, High Court of Madras; Mr. Ravi Kant Upadhyay, I.F.S.,

Principal Chief Conservator of Forests, Chennai; Hon’ble Dr. Justice

P. Jyothimani, Former Judge, High Court of Madras; and

Dr.S.Thenmozhi, Associate Professor and Head In-charge,

Department of Counselling Psychology, University of Madras, spoke on

the various law subjects.

On 25.09.2018, the judicial officers visited the Guindy National

Park, where they were explained about the forest crimes being

committed by the perpetrators and how they are investigated. They

were called upon to deal with the cases, keeping always in mind the

necessity of protection of environment for the generations to come.

At the end of the classroom programme on day two, a group

discussion was held, where several groups with each group comprising

certain number of visiting judicial officers and the judicial officers in

the cadres of Senior Civil Judge and Civil Judge from the districts of

Chennai, Tiruvallur and Kancheepuram, were formed, and each group

was given a topic for discussion and thereafter, one each from

Maharashtra and Tamilnadu from each group made presentation.

Interaction session was held followed by the group discussion.

On 26.09.2018, the judicial officers visited the Principal Seat of

the High Court of Madras and the City Civil Court, Chennai, and the

rich heritage of the Madras High Court building was explained to the

visitors.

On the last day, i.e. 27.09.2018, they visited the places of

interest in Chennai and Puducherry, including Mamallapuram and

other historic places.

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PART – VII

TRAINING PROGRAMME ON INFORMATION AND

COMMUNICATION TECHNOLOGY SYSTEMS

REFRESHER TRAINING PROGRAMME ON COMPUTER OPERATION AND SYSTEM ADMINISTRATION

As a first, Tamil Nadu State Judicial Academy incorporated a

Refresher Training Programme on Computer Operation and System

Administration in the Annual Calendar 2018-2019, with the target

group of system officers/analysts, assistant programmers, and

computer operators, working in the judicial districts. This programme

was held on 27.01.2019 at TNSJA Headquarters at Chennai and the

Regional Centres at Coimbatore and Madurai. In Chennai 155 staff

members participated and in Coimbatore and Madurai 120 and 155

staff members respectively, took part.

The Ubuntu-cum-CIS Master Trainers, Mr. S. Prakash, XI

Metropolitan Magistrate, Saidapet, Chennai, and Mr. C.B. Vedagiri,

Assistant Registrar (e-Courts Project), High Court of Madras, Chennai,

took the sessions in Chennai; Mrs. R. Arulmozhiselvi, Sub Judge,

Avinashi, and Dr. S.T. Lakshmi Ramesh, Sub Judge, Arakkonam, in

Coimbatore; and Mr.A.R.V.Ravi, Sub Judge, Aruppukottai, and Mr.

N. Sundaram, Secretary, District Legal Services Authority, Cuddalore,

in Madurai.

In the programmes, the staff members were imparted training on

the following topics: (1) e-Courts Project, and Importance and Working

of CIS in District Judiciary: An Overview; (2) Citizen-Centric Services;

3) Implementation of e-Module: e-Filing, e-Pay, e-Summons, etc.; (4)

Role of Technical Manpower and Usage of e-Courts Monitoring Portal;

(5) Computer Operating System and Data: (a) Networking, DCMS,

Centralised Filing System, and Studio-based Video Conferencing

System, and (b) Collection, Preservation and Sharing of Data; (6)

Significant Features of CIS; and (7) System Administration: Server and

LAN.

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PART – VIII

TRAINING PROGRAMMES FOR PUBLIC PROSECUTORS

1) SPECIAL TRAINING PROGRAMMES

In the Annual Calendar 2018-2019 of Tamil Nadu State Judicial

Academy, one programme each for the public prosecutors (regular

cadre) and the public prosecutors (tenure-based), at the Headquarters

at Chennai and the Regional Centres at Coimbatore and Madurai,

were included. In pursuance thereof, a Refresher Training Programme

for the public prosecutors (regular cadre) was held on 11.08.2018 at

Coimbatore, 18.08.2018 at Madurai, and 29.09.2018 at Chennai.

In the programme at Chennai, the public prosecutors who are in

the regular cadre, working in the northern districts of Tamilnadu

participated; those working in the western parts of the State took part

in Coimbatore; and those, who are functioning in the districts located

in the central and southern parts of the State, participated in

Madurai, and in all, about 325 public prosecutors were the

participants.

In the afore-said programmes, the following subjects were taken

by the High Court Judges and the experts in criminal law: 1) Role of

Public Prosecutors in Effective Prosecution of Criminal Case, (2)

Procedural Aspects of Pre-trial Proceedings: Bail, Return of Property,

Police Custody, Discharge, Charge Framing, Trial, Arguments, etc.; (3)

Marshalling of Proper Evidence: Examination of Witnesses, Marking of

Documents, Marking of Material Objects, and Cross-examination of

Hostile and Defence Witnesses; and (4) Effective implementation of

the direction of the Hon’ble Madras High Court in Murugasamy vs.

State – Group discussion and Presentation by participants.

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2) IN-SERVICE TRAINING PROGRAMMES

Accepting the proposal received from the Prosecution

Department, Government of Tamilnadu, for imparting training to the

public prosecutors, both regular cadre and tenure-based, it was

decided by the Hon’ble Governing Body of TNSJA to extend the

support and the space and facility at TNSJA Regional Centre at

Madurai for the in-service training programmes.

On discussion having been held, it was decided to have the

programmes for the duration of four days each for the seven batches

of public prosecutors from across the state of Tamilnadu and as such,

programmes for four batches have so far been held and that for three

more batches, they will be held, and the dates of the programmes are

detailed below:-

Prog.

Code Batch

Dates

From To

PP 1 I 24.10.2018 27.10.2018

PP 2 II 14.11.2018 17.11.2018

PP 3 III 11.12.2018 14.12.2018

PP 4 IV 17.01.2019 20.01.2019

PP 5 V 20.02.2019 23.02.2019

PP 6 VI 06.03.2019 09.03.2019

PP 7 VII 20.03.2019 23.03.2019

To give the best inputs and knowledge, so that application

thereof could be proper and better, the best of the resource persons as

available in the domain of criminal law, forensic medicine, forensic

sciences, human rights, sentencing principles, etc., were/are roped in,

and the subjects which are covered during the training programmes

are as follows:-

92

• Role, Duties and

Responsibilities of Prosecutors

• The Prohibition of Child

Marriage Act

• Importance of Ethics,

Integrity and Discipline

• The Child Labour

(Prohibition and Regulation) Act

• Constitution of India • Bonded Labour System (Abolition) Act

• Code of Criminal Procedure • Relevant Central and State Special Enactments

• Indian Penal Code • Sentencing Principles

• Indian Evidence Act • Relevance of Medico-legal

Evidence in Criminal Trials

• NDPS Act

• POCSO Act

• Appreciation of Evidence of Forensic Science in Criminal

Trials

• Prevention of Corruption Act • Human Rights Issues

• Pre-Conception and Pre-Natal diagnostic Techniques Act

• Law of Precedents

• Prevention of Cruelty to

Animals Act

• Cyber Law and Crimes;

Cyber Forensics

• Tamil Nadu Forests Act • Offences against Women and

Children

• Wild Life Protection Act • Human Trafficking Law

• Prevention of Food Adulteration Act

• Health and Stress Management

• The Immoral traffic

(Prevention) Act

• Communication Skills

• Interpersonal Skills

The public prosecutors who attended the programmes, found

their learning as an eye-opener, and the response was overwhelming.

They requested that such programmes may be held every year.

On the last day of each of the programmes, the sessions were

combined with the training programmes for the judicial officers.

Further, acceding to the request of the Police Department,

Government of Tamilnadu, police officers were also nominated to

participate in the programmes for Batches–III and IV and they will

participate in the remaining programmes also.

93

It was always the endeavour of TNSJA to bring the judicial

officers, public prosecutors, and the police officers in one and the

same programme, so that the interaction and discussion in the

programme, will, in a long way, help better the criminal justice

system, and with this initiative, TNSJA has made it a reality.

PART – IX

TRAINING PROGRAMMES FOR ADVOCATES

It is the endeavour of TNSJA that the fledgling advocates are

inculcated training to ensure that the justice delivery system works

effectively.

A plan was drawn and a mechanism devised, to revitalise the

members of the bar with practice for upto 10 years, grouping them

under two categories – those who have bar experience for upto five

years and those who have bar experience for more than five years and

upto ten years.

The programmes were conducted at the districts headquarters,

from 29.09.2018 and 30.09.2018, and considering the needs of the

young lawyers, the sessions on the following topics were earmarked

in the programmes:-

I. Training Programme for advocates with upto 5 years of practice

Sl.No. Topics on Civil Law Sl.No. Topics on Criminal Law

1. Drafting of pleadings and petitions

1. Drafting of pleadings and petitions

2. Marshalling proper evidence: Oral and documentary

2. Examination of witnesses: Chief and cross, and re-examination

3.

Interlocutory applications: Need for institution – An analysis

3. Fundamental principles of law of evidence

4. Jurisdictional Issues vis-à-vis civil courts

4. Trial proceedings in criminal cases

5. Trial proceedings in civil cases

5. Procedural and Substantive law: An overview

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II. Training Programme for advocates with above 5 and upto 10 years of practice

Sl.No. Topics on Civil Law Sl.No. Topics on Criminal

Law

1 to 5 As mentioned at I (1) to (5) above

1 to 5 As mentioned at I (1) to (5) above

6 Proceedings in Civil Appeal cases

6 Proceedings in Criminal Appeal/ Revision cases

7 Law of marriage and succession

7 Trial proceedings in Sessions Cases

The participant-advocates found the programmes more useful to

their professional growth and the number of advocates who

participated in the programmes in all the seven centres, were about

2000.

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PART – X

TRAINING PROGRAMMES FOR THE STAFF MEMBERS

1. STAFF MEMBERS OF THE HIGH COURT OF MADRAS

It is equally important that the skills of the staff members need

to be improved on account of the increase in their workload in the

recent years. Therefore, TNSJA took every endeavour to include in its

annual calendar, programmes for the staff members of the High Court

of Madras and the modules of such programmes were devised in such

a manner that it achieved proficiency, swiftness, and professionalism

in their functions.

The table below gives the particulars of the training programmes

conducted by TNSJA for the staff members of the High Court of

Madras:-

Sl. No.

Description of the Programme

Place Date(s) of

Programme Number of

participants

1

Training Programme for

Personal Assistants to the

Hon’ble Judges

Principal

Seat at

Chennai

23.06.2018

to

28.06.2018

32

2


High Court Staff Members

in the cadre of SO/CO/AE

(Batch-I)

Principal

Seat at

Chennai

21.07.2018 100

3

Training Programme for High Court Staff Members in the cadre of SO/CO/AE (Batch-I)

Madurai Bench at Madurai

21.07.2018 44

4

Training Programme for High Court Staff Members in the cadre of Assistant Section Officer / Assistants

(Batch-I)

Principal

Seat at

Chennai

15.09.2018 100

5

Training Programme for High Court Staff Members in the cadre of Assistant Section Officer / Assistants (Batch-I)


15.09.2018 80

96

Sl. No.

Description of the Programme

Place Date(s) of

Programme Number of

participants

6



in the cadres of Private

Secretaries / Personal

Assistants

Principal

Seat at

Chennai

27.10.2018 100

7



in the cadres of Private

Secretaries / Personal

Assistants

Madurai

Bench at

Madurai

27.10.2018 63

8



in the cadre of SO/CO/AE

(Batch-II)

Principal

Seat at

Chennai

15.12.2018 100

9

Training Programme for High Court Staff Members in the cadre of SO/CO/AE (Batch-II)


15.12.2018 42

10

Training Programme for High Court Staff Members in the cadres of Assistant Section Officers / Assistants (Batch-II)

Principal Seat at

Chennai 23.02.2019 100

11

Training Programme for High Court Staff Members in the cadres of Assistant Section Officers / Assistants (Batch-II)


23.02.2019 101

2. STAFF MEMBERS OF THE DISTRICT JUDICIARY

The staff members working in the district-level courts in

Tamilnadu and Puducherry, take strenuous efforts, in view of the

manifold increase in the number of cases, year after year, to see that a

better practice, which is litigant-friendly, is put in place in the courts.

TNSJA, in order to make the staff members of the district judiciary

well-equipped with the rules, practices and procedures, in handling

the issues, both of administrative and judicial, includes in its annual

calendar, the cadre-specific programmes for better reach. The

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particulars of the programmes, which have been conducted by TNSJA,

at the Districts Headquarters, are given in the following table:-

Sl. No

Description of the Programme Date of

Programme No. of

participants

1

Refresher Training Programme on Ubuntu Operating System and Case Information Software for Staff Members of all cadres (Batch-I) Headquarters

23.06.2018

2

Refresher Training Programme on Ubuntu Operating System and Case Information Software for Staff Members of all cadres (Batch-I) Headquarters

30.06.2018

3 Refresher Training Programme for

Junior Assistants 08.07.2018 1,637

4

Ministerial Staff Training Programme for Typists in copy section, Readers, Examiners, Superintendents in copy section

11.08.2018 1,422

5

Ministerial Staff Training Programme for Typists (other than those in Copy Section), Stenographers and Executive Assistants

15.09.2018

2,158

6 Ministerial Staff Training Programme for Junior Bailiffs, Senior Bailiffs, Deputy Nazirs and Central Nazir

07.10.2018 2,920

7 Ministerial Staff Training Programme

for Record Clerks and Record Keepers 10.11.2018 42

8 Ministerial Staff Training Programme for Assistants / Bench Clerks – Grades I, II and III and Translators

15.12.2018 2,174

3) REFRESHER TRAINING PROGRAMME FOR COURT MANAGERS

(PHASE – I)

For the first time, a refresher training programme for Court

Managers, was organised on 05.08.2018 at TNSJA Regional Centre,

Madurai and 32 Court Managers participated in the programme.

Mr.C.Kumarappan, Registrar (IT-cum-Statistics), High Court of

Madras dealt with the topic on E-court Project: Role of Court Manager

in Effective Implementation and IT System Management, explaining

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the various aspects of the E-Courts project and detailed the present

and future projects to improve the IT infrastructure, and highlighting

the importance of the role of Court Managers in implementing all the

E-Courts projects effectively and in maintaining the IT System

Management efficiently.

Mr.A.R.V.Ravi, Sub Judge, Aruppukottai, handled the session

on Court Management, Case Management and Compilation of

Statistics. He elaborately dealt with the use of CIS for compilation of

statistics.

Mr.V.R.Poobalan, Former District Judge, took the session on (a)

Case record management and physical verification of case bundles; (b)

monitoring prompt and proper consignment of records, and (c)

destruction of records. He explained the various records and registers

that form in Part I, Part II and Part III, their life span and the period of

their preservation. He also explained as to with how to monitor

consignment of records.

Mr.A.Nazir Ahamed, Member Secretary, Tamil Nadu State Legal

Services Authority, detailed the aspects relating to co-ordination with

DLSA/District Mediation Centre in organising Lok Adalat and

Mediation Programmes, by explaining the origin and development of

the National and State Legal Services Authorities, the hierarchy and

the different levels of the committees and the authorities. He

underscored the role of the Court Managers in identifying, referring

and disposal of cases through ADR methods.

Group discussion on Court Development Plan and its

Implementation was held and a representative from each group

presented his/her group’s views and suggestions

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4. REFRESHER TRAINING PROGRAMME ON COURT AND OFFICE

ADMINISTRATION FOR CHIEF ADMINISTRATIVE OFFICERS AND

SHERISTDARS OF DISTRICT COURTS

Hon’ble Mr. Justice Abdul Quddhose, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, gave the “Scope and

Object of the Programme”. His Lordship explained the various

important works of the Chief Administrative Officers and Sheristdars

in various District Courts.

Mr.S.Karuppiah, Principal District Judge, Nagercoil and

Mr. A.K.Mehbub Ali Khan, Deputy Director, TNSJA Regional centre,

Madurai dealt with the topic “(1) Court and Office Administration, (2)

Recruitments, Promotion, Transfer and Posting of staff members and

(3) Important Features of – a) Tamil Nadu Government Servants

(Conditions of Service) Act, 2016, b) Tamil Nadu Ministerial Service

Rules”.

Mr.L.K.R.Krishnamoorthy, Advocate, Tirunelveli dealt with the

topic “(1) Disciplinary Proceedings: Practice and Procedure, ((2) The

Tamil Nadu Civil Services (Discipline and Appeal) Rules: An Overview,

(3) The Tamil Nadu Government Servants’ Conduct Rules, 1973: An

overview”. He explained the Tamil Nadu Government Servants

Conduct Rules and the Disciplinary Proceedings rules. He also

explained the various rules of Tamil Nadu Government Servants

Discipline and Appeal rules.

In the Third session, Prof. P.Kumaran, Assistant Professor,

Government Law College, Madurai, dealt with the topic “Right to

Information Act – (1) Practice and Procedure and (2) Duties and

Responsibilities of Public Information Officers”. He very clearly

explained the Right to Information Act with suitable case laws. He

also explained the various rules of Right to Information Act and its

100

procedures. He also explained the Public Information Officers duties

and responsibilities of public information officers under Right to

Information Act.

Mr. N.M.Dhandapani, Superintendent (Retd.), Treasury and

Accounts Office, Madurai dealt with the topic “Budget, Finance and

Audit”. He explained as to how the bill is passing in the Treasury

Office. He also explained the audit point of the bill passed in the

Treasury Office. How to prepare the Budget and Reconciliation

statement in our office to was explained by him.

The session on (1) Court and Office Administration 2)

Recruitment, Promotion, Transfer and posting of Staff Members (3)

Important Features of a) Tamil Nadu Government Servants

(Conditions of Service) Act, 2016 b) Tamil Nadu Ministerial Service

Rules”, was handled by Mr. K. Rajasekar, Prinicipal District Judge,

Tirunelveli and Mr. S. Nagarajan, Chief Judicial Magistrate,

Coimbatore, also FAC of Deputy Director of TNSJA, RC, CBE. The

Resource Persons pointed out the importance and significance of Rule

57(2) of TNGS COS Act 2016. They also explained about the various

provisions of the TNJMS and the Important Government Orders.

The Resource Persons dealt with the Compassionate

Appointment rules and procedures. Classification of Service for Direct

Recruitment, District Transfer and Seniority List were also discussed

by them. The Resource Persons compared the working pattern of Chief

Administrative Officers and Sheristdars with that of Orchestra, where

effective co-ordination between stakeholders has been highlighted. The

Resource Persons lucidly explained the role of Chief Administrative

Officers and Sherishtdars in the Judicial District. They also

emphasized the importance of co-ordination of Chief Administrative

Officers and Sheristdars with Judges, Advocates, Staff etc., for their

efficient and effective functioning. The Resource Persons laid stress on

the duties and responsibilities of Chief Administrative Officers and

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Sheristdars and told them that they are indispensable to the System.

They play vital role in Court and Office Administration.

The session on (1) Disciplinary Proceedings: Practice and

Procedure 2) The Tamil Nadu Civil Services (Discipline and Appeal)

Rules: An overview, 3) The Tamil Nadu Government Servant’s Conduct

Rules, 1973:An overview”, handled by Mr. R. Parthiban, Advocate,

Coimbatore. He explained the situations where Section 17(a) Tamil

Nadu Government Servants Conducts Rules ought to be invoked and

when Section 17(b) Tamil Nadu Government Servants Conducts Rules

ought to be invoked. The Resource Person also explained the

importance of framing precise and specific charges. He also explained

the procedures to be followed in case of minor offences. Rules relating

to suspension, Extension of service of Government Servant under

Suspension beyond the date of superannuation, Oral Enquiry,

Findings of the Inquiry Officer, The Time Limit to Complete the

Inquiry, Action on the Report of Inquiry Authority, Appeal, Period of

limitation for appeals were also elaborately discussed by the Resource

Person. All the participants actively took part in interaction with the

resource person during the session.

After the lunch break, the 3rd session commenced at 02.15 p.m.

This session which dealt with “Right to Information Act- 1) Practice

and Procedure and 2) Duties and Responsibilities of Public

Information Officers” was handled by Mrs. B. Priya, Assistant

Professor, Government Law College, Coimbatore. The Resource Person

pointed out the importance and significance of sections 2f, 2h, 2j, 5 to

11, 18 to 21 of the RTI Act in an elaborate manner. The Resource

Person highlighted the importance of transparency, accountability of

the RTI Act. The Resource person explained about the Offline

Procedure and Online Procedure. She also discussed the duties and

Responsibilities of Public Information Officers. All the participants

102

took an active part in the discussions, by raising their queries and

getting it clarified from the Resource Person.

The topics “Budget, Finance and Audit” were handled by

Mr. L. Thirumurugesan, Sheristdar, (Retd.), CJM Court, Coimbatore.

The Resource Persons explained the classification of Allotment of

Funds in the every year. He discussed about the type of Bills. He also

explained the procedures to be followed in Reconciliation

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PART-XI

OTHER ACTIVITIES

1) RESEARCH

In pursuance of the Government order issued by the

Government of Tamilnadu for appointment of research fellow and

research assistants for doing research activities in Tamil Nadu State

Judicial Academy, the process of appointment was undertaken and

one research fellow and two research assistants, having been

appointed, joined TNSJA, recently. In the years to come, TNSJA, by

utilising their services, will engage itself to do research on the issues

and problems, which the judicial officers come across, and the

challenges they encounter and need solutions.

2) STUDY MATERIAL TO THE JUDICIAL OFFICERS

It was decided by the Hon’ble Governing Body of TNSJA to

provide volumes 25 to 30 of Manual of Tamilnadu Acts and Rules to

all the courts in Tamilnadu and Puducherry, in addition to volumes 1

to 24, which were already supplied during the years 2015 and 2018,

in two spells, with an object of making the judicial officers to update

their knowledge on the areas of work they are involved in.

(3) ONLINE FACILITIES TO JUDICIAL OFFICERS

The judicial officers functioning in Tamil Nadu and Puducherry,

were provided with online judgment access facility, as licensed by

CDJ Law Journal and Law Weekly.

104

PART-XII

ACKNOWLEDGEMENT

TNSJA believes that if the resource persons and the participant-

judicial officers engage in interaction and discussion to the extent

possible during the training programmes, it will pave way for greater

understanding of the concepts, thoughts, and the manner of analysis

of evidence, etc., all leading to find better solutions to the problems.

The experts in the various domains of law made it possible to take

various sessions in the Headquarters and the Regional Centres of

TNSJA, during the programmes catering to the needs of not only the

judicial officers, but also the other stakeholders of justice dispensation

system, viz. advocates, police officials, government officials, staff

members, members of non-governmental organizations, and others.

TNSJA places on record its gratitude to all the resource persons,

who, in spite of their other professional commitments, made it to take

sessions for the benefit of the judicial officers and other stakeholders

functioning in the judiciary.

TNSJA always takes endeavours to rope in the best of the

resource persons, who are the experts not only in law, but also in

other disciplines, like managerial and leadership skills, and those

associated with law, all with an object to give the best inputs to the

participants, so as to get better output from them. It is noteworthy

that the resource persons, who take sessions at the Headquarters and

at the Regional Centres of TNSJA, bring into focus the different

dimensions of the trends - legal, social, economic, and technological –

emerging from time to time.

105

PART-XIII

WAY FORWARD

Recently, a Government Order appointing 213 Civil Judges was

issued by the Government of Tamilnadu and they will join the Tamil

Nadu State Judicial Service shortly and occupy the posts of Civil

Judge Junior Division/Judicial Magistrate First Class, and before they

start presiding over courts, they will have to undergo induction

training for a period of one year as per the training module and

schedule approved by the Hon’ble Governing Body of TNSJA. Such

training encompasses several phases which include Foundation and

Orientation Programme, Academic Training, Field and Institution

Training, Practical Training, On-the-job training, and Reflective

Training.

TNSJA strives hard, every now and then, to see that the benefits

of every programme, as organised by it, reach those who are

associated with justice administration and dispensation, thus

enabling them to do their best in their respective areas of work, for

expeditious disposal of cases, both in quality and quantity, leading to

greater effectiveness of the institution.

TNSJA considers training and development of human resources

as its core activity and always takes endeavors to introduce new and

new programmes every year, with better content and facilitation,

catering to the needs of every stakeholder-group of the judicial system

– all towards having quality and talented manpower to overcome

challenges they encounter and find solutions to the issues and

problems they face, in their day-do-day work, by way of continuous

training and learning.

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2018 - 2019 Programme report

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Transcript of 2018 - 2019 Programme report