NEWS LETTER - Himachal Pradesh Judicial Academyhpsja.nic.in/enewsletter6.pdf · Trainings attended...

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HIM NEWS News Letter Volume - III, Issue-II, 2014

Bi-Annual Edition

Previous Editions:

[HIM NEWS]- e-News Letter Online Issue

[HIM NEWS]- e-News Letter Vol-1, Issue-2, Online



[HIM NEWS]- News Letter Vol-3, Issue-1, Printed/online

[HIM NEWS]- News Letter Vol-3, Issue-2, Printed/online

HHIIMMAACCHHAALL PPRRAADDEESSHH JJUUDDIICCIIAALL AACCAADDEEMMYY Curzon House, Boileauganj, Shimla – 171005 (H.P.)

e-Mail: [email protected], Web: http://hpsja.nic.in Tel. 0177-2831602, Fax. 0177-2831602

2 0 1 5

HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015

Page No 2

INDEX

TOPIC # STORY HEADLINES PAGE #

1. Constitution of H.P. Judicial Academy 3-5

2. Mega Events 6-28

3. Important Events [July to December, 2014] 28-37

4. Events held from July to December 2014 38-40

5. Monthwise Events: At a Glance 40

6. Recipientwise Summary 40

7. Graphic Presentation 40-41

8. Trainings attended outside of H.P. Judicial Academy 41

9. Academy’s News 41-42

10. Faculty 42-43

11. Proposed Key Trainings 43-44

12. Important Judgments of Hon’ble Supreme Court of India 45-46

13. Upcoming Events from January to June, 2015 47-48

14. Quotes by Great Personalities 48

15. Laughter is the best Medicine-Legal Quotes 48

16. Historic Building of Hon’ble High Court of H.P. 49

17. Some of Historic Articles 49-50

18. Some of the Court Buildings in Himachal Pradesh 51

19. Proposed New Complex of Judicial Academy-Progress at

Glance

52

20. Himachal Pradesh- At a Glance 53

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Page No 3

CCOONNSSTTIITTUUTTIIOONN

PPAATTRROONN OOFF HHIIMMAACCHHAALL PPRRAADDEESSHH JJUUDDIICCIIAALL AACCAADDEEMMYY

HHoonn’’bbllee MMrr.. JJuussttiiccee MMaannssoooorr AAhhmmaadd MMiirr,,

CChhiieeff JJuussttiiccee,, HHiigghh CCoouurrtt ooff HHiimmaacchhaall PPrraaddeesshh


Page No 4

PPRREESSIIDDEENNTT OOFF HHIIMMAACCHHAALL PPRRAADDEESSHH JJUUDDIICCIIAALL AACCAADDEEMMYY

HHoonn’’bbllee MMrr.. JJuussttiiccee RRaajjiivv SShhaarrmmaa,,

JJuuddggee,, HHiigghh CCoouurrtt ooff HHiimmaacchhaall PPrraaddeesshh


Page No 5

MMEEMMBBEERRSS OOFF BBOOAARRDD OOFF GGOOVVEERRNNOORRSS OOFF

HHIIMMAACCHHAALL PPRRAADDEESSHH JJUUDDIICCIIAALL AACCAADDEEMMYY

Hon’ble Mr. Justice Sanjay Karol, Judge, High Court of H.P.

Hon’ble Mr. Justice D.C. Chaudhary, Judge, High Court of H.P.

Mr. Manish Garg, I.A.S. Secretary (Home) to the

Government of H.P.

Mr. Rakesh Kainthla, Secretary,

Director, H.P. Judicial Academy

Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge, High Court of H.P.


Page No 6

MEGA EVENT

Conference On “CYBER LAW & JUVENILE JUSTICE”

Himachal Pradesh Judicial Academy organized one day Conference on Cyber Laws

and Juvenile Justice for all the Judicial Officers of State of Himachal Pradesh on 12th

July, 2014

in the New Auditorium High Court of Himachal Pradesh, which was attended by 110 Judicial

Officers.

The Conference was inaugurated by Hon’ble the Chief Justice Shri Mansoor Ahmad

Mir. Hon’ble Sh. Justice Rajiv Sharma, Hon’ble Sh. Justice V.K. Sharma, Hon’ble Sh. Justice

Dharam Chand Chaudhary, Hon’ble Sh. Justice Tarlok Singh Chauhan, Hon’ble Sh. Justice P.S.

Rana and Hon’ble Sh. Justice Sureshwar Thakur, Hon’ble Judges of Himachal Pradesh High

Court were also present on the occasion.

Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice, High Court of H.P. (Hon’ble Patron of the Academy) being escorted to the venue.

High Dignitaries, Guests and Participants rising for the National Song


Page No 7

PRESIDENTIAL ADDRESS:

Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice, High Court of H.P. being honoured by Hon’ble Mr. Justice Rajiv Sharma, Judge, High Court of H.P.(Hon’ble President of the Academy) by presenting a bouquet.

Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice, High Court of H.P. (Hon’ble Patron of HP Judicial Academy), Hon’ble Mr. Justice Rajiv Sharma, Judge, High Court of H.P. (Hon’ble President of the Academy) and other Hon’ble Judges of High Court of H.P. illuminating the lamp of knowledge, in the Inaugural Session.

Hon’ble Mr. Justice Rajiv Sharma, Judge, High Court of H.P. (Hon’ble President of HP Judicial Academy) delivering the Presidential address.


Page No 8

Speaking on the occasion, Hon’ble Sh. Justice Rajiv Sharma stressed the need to train

the judges about the concepts related to cyber- crime to enable them to appreciate the electronic

evidence and deliver the justice to the aggrieved

INAUGURAL ADDRESS:

In his inaugural address, Hon’ble the Chief Justice emphasized the need for

continuous education of the Investigating agencies, prosecuting attorneys and trial judges to

understand the complex nature of the cyber-crime. His Lordship further stated that Technology

changes rapidly and unless investigating agencies, prosecuting attorneys and trial judges

understand the rapid change and respond to it, criminal justice administration would be unable to

provide effective remedy to the aggrieved. His Lordship pointed out that better understanding of

the cyber world would equip the judges to meet the challenges thrown by technology and will

help them in deciding cases quickly, which would ultimately benefit the society at large. His

Lordship also emphasized the need to understand the problems being faced by Juveniles and

exhorted the Judicial Officers to render quick

and speedy justice in cases relating to juveniles

and cyber crimes.

Around 110 Judicial Officers from all

Sessions Divisions of Himachal Pradesh

participated in the Conference. The Conference

was organized with an objective to enhance the skills and knowledge of the judicial officers and

to apprise and update them about the various provisions of the Cyber Laws and the laws relating

to juvenile. Sessions on Cyber Crimes and the Information Technology Act, 2000, Preservation

of Electronic Evidence: Technique, Procedure and Pitfalls, Production and appreciation of

Electronic Evidence during Trial, Mode of Proof and Evidentiary Value of Electronic Evidence,

Laws Relating to Juvenile Justice and determination of age of juveniles in conflict with law

were held.


Page No 9

Sh. D.P. Sood, Sh. R.K. Mahajan, Sh. A.K. Goel, Sh. K.C. Sood, Sh. S.S. Thakur

and Sh. Kuldip Singh Retired High Court Judges, Sh. Shrawan Dogra Advocate General, Sh.

Ashwani Pathak President of the H.P. High Court Bar Association, Sh. C.B. Barowalia Registrar

General, Sh. Sushil Kukreja, Sh. Arvind Malhotra, Sh. Yashwant Singh Chogal and Dr. Baldev

Singh Registrars of the High Court, Sh. Rakesh Kainthla Director and Smt. Anuja Sood Deputy

Director of H.P. Judicial Academy, Resource persons Sh. S.R. Mardi, ADGP (CID), Dr. J.N.

Barowalia Retired District & Sessions Judge, Sh. Ashok Sharma Retired Inspector General of

Police, Dr. Armaan Deep Singh S.P., CBI and Dr. S. N. Sharma Professor from Department of

Law and other dignitaries were also present on the occasion.

JUDICIAL OFFICERS DURING THE CONFERENCE ON “CYBER LAWS

AND JUVENILE JUSTICE”


Page No 10

TOPICS DISCUSSED IN THE CONFERENCE:

In different sessions of the Conference, Hon’ble Chairpersons and the Resource Persons

enlightened the participant Judicial Officers of the State on various topics, such as, the

Information Technology Act, 2000, Cyber Crimes, Preservation of Electronic Evidence:

Technique, Procedure and Pitfalls, Production of Electronic Evidence during Trial, Appreciation

of Electronic Evidence, Mode of Proof and Evidentiary Value of Electronic Evidence, Laws

Relating to Juvenile Justice, Determination of Age- Power and Procedure, Bail to the Juvenile

FIRST SESSION:

Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge, High Court of H.P. and Hon’ble

Member of Board of Governors of Himachal Pradesh Judicial Academy chaired the First

Session.

SECOND SESSION:

Dr. J. N. Barowalia, District & Sessions Judge Retired, addressing the participants.

Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge, High Court of H.P., Sh. Ashok Sharma, IGP (Retired), H.P. and Dr. J. N. Barowalia, Retired District & Sessions Judge, on the Dais during the First Session.

Shri Ashok Sharma, IGP, Retired, also addressed the participants in the First Session.


Page No 11

SECOND SESSION:

Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge, High Court of H.P. and Hon’ble

Member of Board of Governors of Himachal Pradesh Judicial Academy chaired the Second

Session.

Dr. Armaan Deep Singh, S.P., CBI, Shimla, addressing the participants in the second session.

Hon’ble Mr. Justice (Retired) S.S. Thakur, addressing the participants.

Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge, High Court of H.P., Hon’ble Mr. Justice V.K. Sharma, Hon’ble Mr. Justice(Retired) S.S. Thakur, and Sh. Armaan Deep Singh, S.P., CBI, Shimla on the Dais during the Second Session.


Page No 12

THIRD SESSION:

Hon’ble Mr. Justice P. S. Rana, Judge, High Court of H.P. chaired the Third Session.

FOURTH SESSION:

Sh. S. R. Mardi, ADGP, CID, H.P., Shimla, addressing the participants.

Hon’ble Mr. Justice (Retired) Surjit Singh, addressing the participants.

Hon’ble Mr. Justice P.S. Rana, Judge, High Court of H.P., addressing the participants.

Participant raising his query during interactive session .

Hon’ble Mr. Justice P.S. Rana, Judge, High Court of H.P., Hon’ble Mr. Justice Surjit Singh, Judge(Retired),High Court of H.P. and Sh. S. R. Mardi, ADGP, CID, H.P., Shimla, on the Dais during the Third Session.


Page No 13

FOURTH SESSION:

Hon’ble Mr. Justice Sureshwar Thakur, Judge, High Court of H.P. chaired the Fourth

Session.

GROUP PHOTOGRAPH

Hon’ble Mr. Justice Sureshwar Thakur, Judge, High Court of H.P., on the Dais during the Fourth Session.

Dr. S. N. Sharma, Professor, Department of Law, H.P. University, addressing the participants.

Hon’ble Mr. Justice Sureshwar Thakur, Judge, High Court of H.P., delivering Valedictory address to the Participants.


Page No 14

Conference On “SENTENCING AND VICTIMOLOGY”

Himachal Pradesh Judicial Academy organized one day Conference on

Sentencing & Victimology for all the Judicial Officers of State of Himachal Pradesh on 15th

November, 2014 in the New Auditorium, High Court of Himachal Pradesh, which was attended

by 95 Judicial Officers.

The Conference was inaugurated by Hon’ble the Chief Justice Shri Mansoor

Ahmad Mir. Hon’ble Sh. Justice Rajiv Sharma, Hon’ble Sh. Justice Tarlok Singh Chauhan,

Hon’ble Sh. Justice P.S. Rana and Hon’ble Sh. Justice Sureshwar Thakur Hon’ble Judges of

Himachal Pradesh High Court were also present on the occasion.


High Dignitaries rising for National Song in the Inaugural Session.

Hon’ble Mr. Justice Mansoor Ahmad Mir,

Chief Justice, High Court of H.P. being

honoured by Hon’ble Mr. Justice Rajiv

Sharma, Judge, High Court of H.P.(Hon’ble

President of the Academy) by presenting a

bouquet.


Page No 15

Speaking on the occasion, Hon’ble Sh. Justice Rajiv Sharma stressed that the court

must not only keep in view the rights of the victims of crime but also the society at large while

imposing appropriate punishment on the convict. His Lordship also stressed upon the need to

take care of the victims and to recognize their role in the dispensation of justice.

INAUGURAL ADDRESS:

In his inaugural address, Hon’ble the Chief Justice emphasized the fact that order

can be maintained in the society only if the persons breaching the law are compelled to restore

the advantages gained by them over the law abiding

citizens and such law breakers are in fact put to a

disadvantage. His Lordship further called upon all

the stakeholders to implement the legislative

mandates to provide protection to the victims and

translate these protections into reality. His Lordship

stressed upon the judges to impose appropriate

Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice, High Court of H.P. (Hon’ble Patron of HP Judicial Academy) and Hon’ble Mr. Justice Rajiv Sharma, Judge, High Court of H.P. (Hon’ble President of the Academy) illuminating the lamp of knowledge, in the Inaugural Session.

Sh. Rakesh Kainthla, Director, H.P.

Judicial Academy, delivering welcome

address during the inaugural ceremony.

Hon’ble Mr. Justice Rajiv Sharma, Judge, High Court of H.P. (Hon’ble President of HP Judicial Academy) delivering the Special address.


Page No 16

punishment and also not to forget the victims while dealing with a criminal case.

Around 100 Judicial Officers from all Sessions Divisions of Himachal Pradesh

participated in the Conference. The Conference was organized with an objective to enhance the

skill and knowledge of the judicial officers and to apprise and update them of the various

provisions and latest development of law relating to capital punishment, sentencing and

victimology, which would help the Judicial Officers in deciding the cases sensitively and

judiciously.

Sh. D.P. Sood, Sh. R.K. Mahajan, Sh. A.K. Goel, Sh. K.C. Sood, Sh. D.D. Sud, Sh.

S.S. Thakur, Sh. Kuldip Singh and Sh. V.K. Sharma, Retired High Court Judges, Sh. Shrawan

Dogra Advocate General, Sh. Yashwardhan Chauhan, President of the H.P. High Court Bar

Association, Sh. Sushil Kukreja, Sh. Arvind Malhotra, Dr. Baldev Singh and Sh. Rakesh

Chaudhary, Registrars of the High Court, Sh. Rakesh Kainthla, Director and Smt. Anuja Sood,

Deputy Director of H.P. Judicial Academy, Resource persons Prof. Mrs. Trisha Sharma, Director,

Law College, APG, University, Shimla, Prof. S.C. Raina, Faculty of Law, University of Delhi

and Prof. Gurpal Singh, Former Dean and Head Law Department, Punjabi University, Patiala

and other dignitaries were also present on the occasion.

JUDICIAL OFFICERS DURING THE CONFERENCE ON “SENTENCING

AND VICTIMOLOGY”


Page No 17

TOPICS DISCUSSED IN THE CONFERENCE:

In different sessions of the Conference, Hon’ble Chairpersons and the Resource

Persons enlightened the participants Judicial Officers of the State on various topics, such as,

the Considerations and Guidelines for Sentencing- Justice to Victims of Crime, Victimology,

Sentencing in Adversarial System & Emerging Role of a Judge- Predictability and

Uniformity in Sentencing, Judicial Perspective of Sentencing, Capital Punishment- Law,

Courts & Society, Remission and Set Off.

FIRST SESSION:

Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge, High Court of H.P. and

Hon’ble Member of Board of Governors of Himachal Pradesh Judicial Academy chaired the

First Session.

Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge, High Court of H.P. (Hon’ble Member of HP Judicial Academy) and Professor S.C. Raina, Faculty of Law, University of Delhi, on the Dais during First Session.

Professor S.C. Raina, Faculty of Law, University of Delhi, addressing the participants.

Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge, High Court of H.P. (Hon’ble Member of HP Judicial Academy), addressing the participants


Page No 18

SECOND SESSION:

Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge, High Court of H.P. and Hon’ble

Member of Board of Governors of Himachal Pradesh Judicial Academy chaired the Second

Session.

Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge, High Court of H.P. (Hon’ble Member of HP Judicial Academy), Hon’ble Mr. Justice Kuldip Singh, Judge (Retired), High Court of H.P. and Professor Gurpal Singh, Former Dean and Head Law Department, Punjabi University, Patiala, on the Dais during Second Session.

Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge, High Court of H.P. (Hon’ble Member of HP Judicial Academy), addressing the participants.

Hon’ble Mr. Justice Kuldip Singh, Judge (Retired), High Court of H.P., addressing the participants.

Professor Gurpal Singh, Former Dean and Head Law Department, Punjabi University, Patiala, addressing the participants.


Page No 19

THIRD SESSION:

Hon’ble Mr. Justice P.S. Rana, Judge, High Court of H.P. chaired the Third

Session.

Hon’ble Mr. Justice P.S. Rana, Judge, High Court of H.P., Hon’ble Mr. Justice S.S. Thakur, Judge(Retired), High Court of H.P. and Professor Mrs. Trisha Sharma, Director, Law College, APG, University, Shimla, on the Dais during Third Session.

Hon’ble Mr. Justice S.S. Thakur, Judge (Retired), High Court of H.P., addressing the participants.

Professor Mrs. Trisha Sharma, Director, Law College, APG, University, Shimla, addressing the participants.

Hon’ble Mr. Justice P.S. Rana, Judge, High Court of H.P., addressing the participants.


Page No 20

FOURTH SESSION:

Hon’ble Mr. Justice Sureshwar Thakur, Judge, High Court of H.P. chaired the Fourth

Session and also delivered Valedictory address to the participants.

GROUP PHOTOGRAPH

Hon’ble Mr. Justice Sureshwar Thakur, Judge, High Court of H.P., delivering Valedictory address.


Page No 21

WORKSHOP ON “LAW RELATING TO MOTOR

VEHICLE CLAIMS”

Himachal Pradesh Judicial Academy organized one day Workshop on “Law

Relating to Motor Accident Claims” for the District & Sessions Judges and Additional District

& Sessions Judges of Subordinate Judiciary of Himachal Pradesh on 30th

August, 2014 at Hotel

Ambassador, Manali which was attended by 33 participants.

The workshop was inaugurated by Hon’ble the Chief Justice Shri Mansoor Ahmad

Mir. Hon’ble Sh. Justice Rajiv Sharma, Hon’ble Sh. Justice Dharam Chand Chaudhary, and

Hon’ble Sh. Justice P.S. Rana, Hon’ble Judges of Himachal Pradesh High Court were also

present on the occasion.


High Dignitaries rising for National Song in the Inaugural Session

Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice, High Court of H.P. (Hon’ble Patron of the Academy) being honoured by Hon’ble Mr. Justice Rajiv Sharma, Judge, High Court of H.P.(Hon’ble President of the Academy) by presenting a bouquet.


Page No 22

INAUGURAL ADDRESS:

In his inaugural address, Hon’ble the Chief Justice emphasized upon the need to observe

the provision of Motor Vehicle Act as these are meant to ameliorate the distress of the hapless

dependents of a victim of a motor accident, who is more often than not the sole bread earner of

the family. He further exhorted the administration, police and the judiciary to comply with the

provision of Section 158 (6) of Motor Vehicle Act by treating the FIR as a claim petition to

provide immediate help to the victims of the Motor

Accidents. He asked the judges to decide the claim

petitions expeditiously and to provide, the minimum

compensation provided under section 140 of the Act

to the victims on the first date of hearing.

Speaking on the occasion, Hon’ble Sh.

Justice Rajiv Sharma traced the history of the law

related to the payment of compensation in accident

cases. He also stressed that there is need to discuss the

principles related to the payment of compensation in

motor vehicle accidents, so that the cases relating to the

motor accident claims are disposed of quickly.

Around 35 Judicial Officers participated in the workshop. The workshop was organized

with an objective to enhance the skills and knowledge of the judicial officers and to apprise

them about the various provisions of the Motor Vehicle Act and also to discuss the

pronouncements of Hon’ble Supreme Court of India and Hon’ble High Courts.

Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice, High Court of H.P. (Hon’ble Patron of HP Judicial Academy) and Hon’ble Mr. Justice Rajiv Sharma, Judge, High Court of H.P. (Hon’ble President of the Academy) illuminating the lamp of knowledge, in the Inaugural Session.


Page No 23

Sh. C.B. Barowalia Registrar General and Dr. Baldev Singh Registrar (Administration) of

High Court of Himachal Pradesh, Sh. Rakesh Kanwar Deputy Commissioner Kullu, Shri

Surinder Verma Superintendent of Police Kullu, Sh. Rakesh Kainthla, Director and Smt. Anuja

Sood, Deputy Director of H.P. Judicial Academy, Presidents Bar Associations of Kullu and

Manali and other dignitaries were also present on the occasion.

DISTRICT JUDGES & ADDITIONAL DISTRICT JUDGES AND INVITEES

PARTICIPATING IN THE WORKSHOP ON “LAW RELATING TO MOTOR

ACCIDENT CLAIMS”

Special Address:

Hon’ble Sh. Justice Rajiv Sharma, President of the Academy delivered his special address

on the occasion and traced the history of the accidents to the ancient times when the man started

riding the horse. He cited the example of King Afonso 1 of Portugal who was seriously injured in

a battle field due to fall from a horse and was consequently captured. He further cited various

examples of the fatal accidents, which happened with the development of modes of transport. He

further pointed out that there were initially no laws, which would compensate the dependents of

the deceased and the victims of the accident, but gradually need for compensation in such an

eventuality was globally felt. Laws were framed to provide compensation to such victims and

their dependents and considerable amendments were also made in the laws to make them

beneficial. Growth of the beneficial laws in the country and various celebrated judgments of the

Hon'ble Apex court containing the guiding principles in the matter of grant of compensation

were also highlighted. He further expressed his hope that the workshop being organized shall

become a platform to discuss the law and challenges in the way of grant of compensation and the

deliberations in the workshop shall certainly be fruitful and help the judicial officers in dealing

with the Motor accident claims in a better and skillful way.


Page No 24

TOPICS DISCUSSED IN THE WORKSHOP:

In different Sessions of Workshop, the Hon’ble Chairpersons and the

Resource Persons enlightened the participant Judicial Officers of the State on various topics,

such as, necessity of driving licence, grant of driving

licences, form and contents of Driving licences, addition to

driving licences (Section 3 to Section 11), No fault liability

[Liability to pay compensation in case of death and

permanent disablement] (Section 140 to Section 142),

Insurance of Motor Vehicles against third party risks,

Requirement of policies, Duty of Insurers to satisfy

judgments and awards against persons insured in respect of third party risks and Transfer of

certificate of insurance (Section to 146 to Section 157), Duty of the police to forward the

information regarding the accident and procedure in case of such reports (Section 158), Special

provision as to compensation in hit and run motor accident, scheme for payment of

compensation (Section 161 & Section 163), Refund in certain cases of compensation paid under

Section 161 of M.V. Act (Section 162), Special provision as to payment of compensation on the

basis of structural formula (Section 163A) – Option (Section 163B), Claims Tribunals,

Application for compensation, Option regarding claim for compensation, Award of compensation

and Procedure and Power of the Claims Tribunals (Section 165 to Section 169), Impleading

insurer in certain cases, Award of interest and Recovery of money as arrear of land revenue

(Section 170 to Section 174) and Important judgments of Hon’ble Supreme Court and High

Court of H.P.

Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice, High Court of H.P. (Hon’ble Patron of the Academy) and Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge, High Court of H.P. during the session.

Hon’ble Mr. Justice Rajiv Sharma, Judge, High Court of H.P. (Hon’ble President of the Academy) and Hon’ble Mr. Justice P.S. Rana, Judge, High Court of H.P. during the session.


Page No 25

GROUP PHOTOGRAPH

Hon’ble Mr. Justice P.S. Rana, Judge, High Court of H.P. and Hon’ble Mr. Justice Rajiv Sharma, Judge, High Court of H.P. (Hon’ble President of the Academy) addressing the Participant Judicial Officers.


Page No 26

WORKSHOP ON “NEGOTIABLE INTRUMENTS ACT,

1881 AND ADJUDICATION OF OFFENCES UNDER

THE PREVENTION OF CORRUPTION ACT, 1988”

Himachal Pradesh Judicial Academy organized one day Workshop on “Negotiable

Instruments Act” and “Adjudication of Offences under the Prevention of Corruption Act,

1988” for the District Judges and Additional District Judges of Himachal Pradesh, which

was attended by 35 Officers. The workshop was inaugurated by His Lordship, Hon’ble

the Chief Justice Shri Mansoor Ahmad Mir.

In his inaugural address, Hon’ble the Chief Justice emphasized upon the need to

observe the judicial discipline. His Lordship impressed upon the officers to deliver the judgments

within time schedule so as to minimize hardship to the people of the state. His Lordship

emphasized the need to apprise the judicial officers about the changes in the recent years in

Negotiable Instrument Act with the judgments of the Hon’ble Supreme Court. His Lordship said

that concerted efforts are required to weed out the menace of increasing corruption. His Lordship

also stressed on the need to bring attitudinal changes to deal with the cases of negotiable

instruments and corruption.

The aim of organizing this Workshop was

to enhance the skills and knowledge of the participant

Judicial Officers and also to apprise and update them

with the development of law under the Negotiable

Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice, High Court of H.P. (Hon’ble Patron of the Academy), lighting the lamp of knowledge during the Inauguration Session.

Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice, High Court of H.P. (Hon’ble Patron of the Academy), addressing the Participant Judicial Officers during the Inaugural Session.


Page No 27

Instruments Act and the Prevention of Corruption Act, so that the cases relating to the Negotiable

Instruments Act and corruption are dealt with effectively and expeditiously.

Sh. C.B. Barowalia Registrar General, Shri Rakesh Chaudhary, Registrar

(Administration) High Court of Himachal Pradesh, Sh. Rakesh Kainthla, Director and Smt.

Anuja Sood, Deputy Director of H.P. Judicial Academy and other dignitaries were also present

on the occasion.


In different Sessions of Workshop, the Resource Persons enlightened the

participant Judicial Officers of the State on various topics, such as, Salient features of the

Negotiable Instruments Act, Identifying bottlenecks of trial and procedure in dealing with

complaints u/s 138 of the Act, Statute & Impact of recent amendments, Sharing best

practices and finding solutions, Referral orders to Lok Adalats, Pronouncements of

Hon’ble Apex Court and High Courts, Salient Features of the Prevention of Corruption

Act, Substantive Issues, burden of proof, Procedural Issues: Conduct of trial- finding

guilt-approach to sentencing, and pronouncements of Hon’ble Apex Court and High

Courts.

Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice, High Court of H.P. (Hon’ble Patron of the Academy), interacting with Media.


Page No 28

Participants were also addressed by Sh J.N. Barowalia, District & Sessions Judge (retired)

GROUP PHOTOGRAPH

Hon’ble Mr. Justice V. K. Sharma, Judge (Retired), High Court of H.P. while addressing the Participants.

Hon’ble Mr. Justice D.C. Chaudhary, Judge, High Court of H.P. addressing the Participants.

Hon’ble Mr. Justice S.S. Thakur, Judge(Retired), High Court of H.P. addressing the Participants.

Shri Rakesh Kainthla, Director, H.P. Judicial Academy addressing the Participants.


Page No 29

IMPORTANT EVENTS [JULY TO DECEMBER, 2014]

COURSE ON “ADR MECHANISM, EFFECTIVE

COURT, CASE MANAGEMENT AND

PROCEDURAL ISSUES OF TRIAL IN CIVIL

CASES”

Himachal Pradesh Judicial Academy organized two courses on “ADR

Mechanism, Effective Court Case Management and Procedural Issues of Trial in Civil

Cases” from 21.07.2014 to 23.07.2014 for the Judicial Officers attended by 19 participants

and from 19.08.2014 to 21.08.2014 attended by 18 participants.


In different Sessions of Course, the Resource Persons enlightened the participant Judicial

Officers of the State on various topics, such as, Strengths and weaknesses of ADR

Mechanisms and ways to strengthen their capacity, Mediation- Role of Referral Judge, Civil

Suit- Evaluation- Court Fee, Stamp Act & Limitation Act, Necessary and Proper parties; Mis-

joinder and Non-joinder, Framing of Issues- additional issues & disposal of preliminary

issues, Admissions, rejection & return of documents, Legal Services- A Constitutional Right,

Ineffective Legal aid & ineffective assistance of counsel: Effect on the trial and

Responsibility of Courts & Legal Services Authority, Role of Courts in Strengthening Access

to Justice, Discovery of documents & interrogatories, How and for what purpose

Commission may be issued, Examination of parties/counsel under order 10 Rule 1 & 2,

Substitution and Abatement, Execution of Civil Decree Sensitive and Responsible Judging,

Section 89 CPC, Mechanism for participative justice, Identification of appropriate ADR

Mechanism, Latest amendments in Code of Civil Procedure, Burden of Proof & Presumption

of Law and Facts, Appreciation of Evidence, dealing with witnesses- documents & exhibits,

Injunctions as equitable remedy & discretionary relief, types of injunction, Principles to be

observed while refusing, granting & vacating ex-parte injunction, Violation of injunction &

breach of order; Consequences, remedy & defense available, Effective Case Management,

Docket Management and Personal Management in the Court, Use of statutory provisions and

procedural laws for arrears reduction, Effective Court Management, Importance of Court


Page No 30

Management and case flow management in speedy disposal of cases, Sharing best practices

of trial and Court Management, Summary Procedure: Classes of suits to which the order

applies, Appearance of defendant and consequences of non-appearance, Power to compel

appearance through summons & warrants: sensitivity & responsibility in exercise of power.

FIRST COURSE

JUDICIAL OFFICERS PARTICIPATING IN THE COURSE:

Shri C. B. Barowalia, Registrar General, High Court of H.P. lighting the lamp of knowledge.


Page No 31

Hon’ble Mr. Justice S.S. Thakur, Judge (Retired), High Court of H.P. addressing the Participants.

Shri Virender Singh, District & Sessions Judge, Shimla addressing the Participants.

Shri B. L. Soni, District & Sessions Judge (Retired) addressing the Participants.

Hon’ble Mr. Justice Surjit Singh, Judge(Retired), High Court of H.P. addressing the Participants.

Hon’ble Mr. Justice Kuldip Singh, Judge(Retired), High Court of H.P. addressing the Participants.

Mrs. Trisha Sharma, Director, Law College, APG University Shimla addressing the Participants.


Page No 32

GROUP PHOTOGRAPH

SECOND COURSE

Hon’ble Mr. Justice Mansoor Ahmad Mir, Hon’ble the Chief Justice, High Court of

Himachal Pradesh and Patron of Himachal Pradesh Judicial Academy, inaugurated three days

Course on “ADR Mechanism, Effective Court & Case Management and Procedural Issues of

Trial in Civil Cases” organized by Himachal Pradesh Judicial Academy for the Judicial Officers,

from 19th

to 21st August, 2014, at Shimla. The course was attended by 17 Judicial Officers of the

rank of District Judges, Additional District Judge and Civil Judges (Senior and Junior Division).

Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice, High Court of H.P. (Hon’ble Patron of the Academy), lighting the lamp of knowledge and addressing participants during the Inaugural Session.


Page No 33

While inaugurating the Course, Hon’ble the Chief Justice stressed that Section 89

and other provisions of the Code of Civil Procedure should be effectively used to provide speedy

and economic justice to the litigant public. His Lordship also emphasized that efforts should be

made to settle the disputes by adopting the techniques of Alternative Disputes Resolution

Mechanisms, such as, arbitration, conciliation, mediation, Lok Adalats and also through judicial

settlement. His Lordship highlighted various provisions of the Code of Civil Procedure, to

effectively deal with the procedural issues of trial in civil cases. His Lordship advised the judicial

officers to act impartially and to uphold the spirit of the Constitution of India, so that the faith of

the people in the judicial system is strengthened.

Sh. C.B. Barowalia, Registrar General, High Court of Himachal Pradesh, Sh.

Rakesh Kainthla, Director and Smt. Anuja Sood, Deputy Director, H.P. Judicial Academy and

Sh. Partap Singh Thakur, Central Project Coordinator, High Court of Himachal Pradesh, were

also present in the inaugural ceremony of the course.

Participants were also addressed by Sh J.N. Barowalia, District & Sessions Judge (retired)


Hon’ble Mr. Justice Kuldip Singh, Judge (Retired), High Court of H.P. addressing the Participants.

Mrs. Trisha Sharma, Director, Law College, APG University Shimla addressing the Participants.

Hon’ble Mr. Justice A. K. Goel, Judge(Retired), High Court of H.P. addressing the Participants.


Page No 34

GROUP PHOTOGRAPH

COURSE ON “PROTECTION OF WOMEN FROM DOMESTIC

VIOLENCE ACT, NEGOTIABLE INSTRUMENTS ACT, PLEA

BARGAINING, LAW RELATING TO CHILD MARRIAGE &

PROCEDURAL ISSUES OF TRIAL IN CRIMINAL CASES ”

Himachal Pradesh Judicial Academy organized two courses on “Protection of

Women From Domestic Violence Act, Negotiable Instruments Act, Plea Bargaining,

Law Relating to Child Marriage & Procedural Issues of Trial In Criminal Cases” for

the Judicial Officers from 08.09.2014 to 10.09.2014 which was attended by 19 participants

and second course was organized from 17.11.2014 to 19.11.2014 which was attended by 22

participants.

FIRST COURSE

Hon’ble Mr. Justice Mansoor Ahmad Mir,

Chief Justice, High Court of H.P.(Hon’ble Patron of the Academy), being escorted to the Venue.

Mrs. Anuja Sood, Deputy Director of the Academy during inaugural session.


Page No 35

Hon’ble Mr. Justice Mansoor Ahmad Mir, Hon’ble the Chief Justice, High Court of

Himachal Pradesh and Patron of Himachal Pradesh Judicial Academy, inaugurated

three days Course on “Protection of Women from Domestic Violence Act, Negotiable

Instruments Act, Plea Bargaining, Law relating to Child Marriage and Procedural Issues of Trial

in Criminal Cases” organized by Himachal Pradesh Judicial Academy for the Judicial Officers,

from 8th

to 10th

September, 2014, at Shimla. The course was attended by 19 Judicial Officers of

the rank of the Civil Judges (Senior and Junior Division).

While inaugurating the Course, Hon’ble the Chief Justice stated that the plea

bargaining and its procedure laid down under the Code of Criminal Procedure should be

effectively used to dispose of the criminal matters at the earliest. His Lordship also apprised the

Judicial Officers about the salient features of the Protection of Women from Domestic Violence

Act and the Law relating to child marriage. His Lordship advised the Judicial Officers to act

Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice, High Court of H.P. (Hon’ble Patron of the Academy), lighting the lamp of knowledge and addressing the participants during the Inaugural Session.

Judicial Officers during the Session.


Page No 36

impartially and to uphold the spirit of the Constitution of India, so that the faith of the people in

the judicial system is strengthened.

Sh. C.B. Barowalia, Registrar General, High Court of Himachal Pradesh, Sh.

Rakesh Kainthla, Director and Smt. Anuja Sood, Deputy Director, H.P. Judicial Academy and

Sh. Partap Singh Thakur, Central Project Coordinator, High Court of Himachal Pradesh, were

also present in the inaugural ceremony of the course.

GROUP PHOTOGRAPH

GROUP PHOTOGRAPH


Shri Rakesh Kainthla, Director, H.P. Judicial Academy addressing the Participants.


Page No 37

Refresher Course on “Ubuntu - Linux Operating System & LibreOffice-

Writer” Himachal Pradesh Judicial Academy organized six Refresher Courses on

“Ubuntu-Linux Operating System & LibreOffice-Writer” for the Judicial Officers of

State of Himachal Pradesh as per recommendation of Hon’ble e-Committee, Supreme Court

of India, courses were organized on 26.07.2014 & 27.07.2014, 16.08.2014 & 17.08.2014,

20.09.2014 & 21.09.2014, 27.09.2014 & 28.09.2014, 01.11.2014 & 02.11.2014 and

27.12.2014 & 28.12.2014 which were attended by 122 participants.

Induction Training Programme for Newly Appointed Judicial Officers

Himachal Pradesh Judicial Academy is organizing Induction Training Programme

for three newly appointed Judicial Officers. This programme started from 17th December,

2014. Sh. Rakesh Kainthla, Director, H.P. Judicial Academy highlighted the Aim and object

of the training, brief introduction of curriculum and behaviour of the Judges while discharging

judicial functions. Various topics like Judicial Ethics, How to be a good Judge, Conduct of the

Judicial Officer, Summoning of Parties, Parties to the suit, necessary parties, proper parties,

joinder, mis-joinder and non-joinder of parties and causes of action, Summoning of witnesses,

Service of Summons and notices, Offences and Penalties, Offences triable by Special Courts,

Relevant Facts and Facts in Issue, Oral and Documentary Evidence, Circumstantial Evidence,

Proof, Disproof, not proved, presumptions and conclusive proof, Bail and Remand,

Cognizance of Criminal Cases, Committal of cases, sentencing and theories of Punishment,

Role of Police, Arrest, Search and Seizure, Scientific & Medical evidence, Child witness,

Summoning of witnesses and Accused (Section 311 and 319), Statement of Accused (Section

313), Defence Evidence, Exclusion of Oral Evidence by Documentary Evidence, Burden of

Proof, Gender Justice, Definition of Crime, General Principles of Criminal Law, Elements of

Crime, Actus Reus & Mens rea, Joint & Constructive Liability, general defences, Abetment,

Attempt, Consent, Criminal Conspiracy etc. will be covered till the second half of the next

year. Officers will be sent to Revenue, police and settlement department to observe and

understand their working. They will be sent to the courts to apprise them of the functioning of

the courts. Officers will also be sent to the courts for the practical training.


Page No 38

Orientation Training Programme on “UBUNTU-LINUX-12.04.1 LTS,

LibreOffice-Writer and Internet”

Himachal Pradesh Judicial Academy organized twenty Orientation Training

Programmes on ”Ubuntu-Linux: 12.04.01 LTS, LibreOffice-Writer & Internet” for

the Court Staff of Subordinate Judiciary of Himachal Pradesh during the Second Half of

the year in which 304 officials participated.

EEVVEENNTTSS HHEELLDD FFRROOMM JJUULLYY TTOO DDEECCEEMMBBEERR,, 22001144

Month Events No. of

Events

Participants

July, 2014 Induction Training Programme for Newly

appointed Law Clerks of High Court of H.P. 1 2

Orientation Training Programme on Ubuntu-

Linux-12.04.1 LTS, LibreOffice-Writer &

Internet for Ministerial Staff working in the

Subordinate Courts of Himachal Pradesh.

3

45

One day Conference on Cyber Laws & Juvenile

Justice for all the Judicial Officers of Himachal

Pradesh.

1 110

Refresher Course on Service & Execution of

Processes for Naib Nazirs, Civil Nazirs, Bailiffs

& Process Servers working in the Subordinate

Courts of Himachal Pradesh.

1 25

Three days Course on ADR Mechanism,

Effective Court & Case Management and

Procedural Issues of Trial in Civil Cases for

1

19

Group Photograph of Newly appointed Judicial Officers.


Page No 39

District/Addl. District & Sessions Judge of

Himachal Pradesh.

Two days Refresher Training Programme in

Ubuntu-Linux Operating System and

LibreOffice - Writer for the Judicial Officers of

Himachal Pradesh.

1 22

Three days Training Programme for SDOs (C),

Tehsildars & Naib Tehsildars on quasi

Judicial/Revenue matters.

1 23

August,2014 Orientation Training Programme on Ubuntu-




3

46




Himachal Pradesh.

1 22

Three days Course on ADR Mechanism,

Effective Court & Case Management and

Procedural Issues of Trial in Civil Cases for

District/Addl. District & Sessions Judge of H.P.

1 18

One day Workshop on Law Relating to Motor

Vehicle Claims for the District & Sessions Judges

and Additional District Sessions Judges of

Himachal Pradesh.

1 33

September,2014 Orientation Training Programme on Ubuntu-




4

60

Three days Course on Protection of Women

from Domestic Violence Act, Negotiable

Instruments Act, Plea Bargaining, Law relating

to Child Marriage and Procedural Issues of

Trial in Criminal Cases for the Civil Judges

(Senior and Junior Division) of Himachal Pradesh.

1 19




Himachal Pradesh.

2 46





2

50

October, 2014 Orientation Training Programme on Ubuntu-




4 61




2 49


Page No 40


November, 2014 One day Conference on Sentencing &

Victimology for all the Judicial Officers of

Himachal Pradesh.

1 95

Three days Course on Protection of Women

from Domestic Violence Act, Negotiable

Instruments Act, Plea Bargaining, Law relating

to Child Marriage and Procedural Issues of

Trial in Criminal Cases for the Civil Judges

(Senior and Junior Division) of Himachal Pradesh.

1

22

Orientation Training Programme on Ubuntu-




3

45




Himachal Pradesh.

1 24

December, 2014 Orientation Training Programme on Ubuntu-




3

47

Induction Training Programme for newly

appointed Judicial Officers.

Continued……

1

3

Half day Workshop on Negotiable Instruments

Act, 1881 (1st half) and Half day Workshop on

Adjudication of offences under the Prevention

of Corruption Act, 1988 (2nd

half) for the District

& Sessions Judges and Additional District

Sessions Judges of Himachal Pradesh.

1 35




Himachal Pradesh.

1

8





2

50

Total 44 979 Legend: Training on Ubuntu-Linux for Judicial Officers Workshops & Conferences for Judicial Officers

Other Important Courses for Judicial Officers Courses for Court Staff


Page No 41

MONTHWISE EVENTS: At a Glance

Month No. of Events Recipients

July 9 246

August 6 119

September 9 175

October 6 110

November 6 186

December 8 143

Total 44 979

RECIPIENTWISE SUMMARY

Recipients No. of Events Participants

Judicial Officers 16 478

Officers from other Departments 1 23

Court Staff 27 478

Total 44 979

GRAPHIC PRESENTATION


Page No 42

TRAINING ATTENDED OUTSIDE H.P. JUDICIAL ACADEMY

The Judicial Officers are also being nominated to attend training programmes / Conferences/

workshops at the National Judicial Academy, Bhopal, LNJN, NICFS, Delhi, etc. from time to

time. During the period from July to December 2014, the Academy has nominated the Judicial

Officers as under:

S.No Name of the Academy where training

attended

No. of trainings for

which the Officers

nominated

No. of Officers

attended the

trainings

1 National Judicial Academy, Bhopal. 27 44

2 LNJN (NICFS), New Delhi. 19 19

3 Other Judicial Academies/ Institutions 4 15

Total 50 78

AACCAADDEEMMYY’’SS NNEEWWSS::

Visit of Hon’ble Mr.

Justice Mansoor Ahmad Mir, Chief Justice

(Hon’ble Patron of the Academy), High

Court of H.P. to the site of new complex of

Judicial Academy at Ghandal on 8th

November, 2014.

Hon’ble Mr. Justice Tarlok Singh Chauhan, Hon’ble Mr. Justice P.S. Rana and

Hon’ble Mr. Justice Sureshwar Thakur took oath as Judges of High Court of

Himachal Pradesh on 30th

November, 2014.

FACULTY The following Faculty Members addressed the participants in the

trainings/workshops organized by the judicial academy during the Second half of year, 2014:

Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice, High Court of H.P. while

administrating oath to Hon’ble Mr. Justice Tarlok Singh Chauhan, Hon’ble Mr. Justice P.S.

Rana and Hon’ble Mr. Justice Sureshwar Thakur as Judges of High Court of Himachal

Pradesh.


Page No 43

Hon’ble Mr. Justice A.K. Goel,

Judge(Retired), High Court of H.P.

Hon’ble Mr. Justice Surjit Singh, Judge

(Retired)

President, H.P. State Consumer Disputes

Redressal Commission, Shimla.

Hon’ble Mr. Justice S. S. Thakur, Judge

(Retired), High Court of H.P.

Hon’ble Mr. Justice Kuldip Singh,

Judge(Retired), High Court of H.P.

Hon’ble Mr. Justice V.K. Sharma, Judge

(Retired), High Court of H.P.

Prof. Mrs. Trisha Sharma,

Director, Law College, APG University, Shimla

Sh. C.B. Barowalia,

Registrar General,

High Court of H.P., Shimla-01.

Shri Virender Singh,

Member Secretary,

H.P. State Legal Services Authority, Shimla

Shri Rakesh Kainthla,

Director,

H.P. Judicial Academy, Shimla-05

Shri Arvind Malhotra,

Registrar (Vigilance),

High Court of H.P., Shimla-01.

Dr. Baldev Singh,

Registrar (Administration),

High Court of H.P.,Shimla-01.

Shri Yashwant Singh Chogal,

Registrar (Judicial),

High Court of H.P.,Shimla-01.

Sh. R.K. Tomar,

Additional District & Sessions Judge-II,

Shimla

Shri Madan Kumar,

Addl. Secretary (Law)

to the Government of H.P., Shimla.

Shri Naresh Kumar,

Administrative Officer,

H.P. State Legal Services Authority,

Shimla -09.

Mrs. Anuja Sood,

Deputy Director,

H.P. Judicial Academy, Shimla-05

Dr. Abira Basu,

Civil Judge (Sr. Division)-cum-ACJM,

Court No. 2, Nurpur.

Sh. Partap Singh Thakur,

Central Project Coordinator,

High Court of H.P., Shimla

Dr. Parvinder Singh Arora,

Civil Judge (Sr. Divn.)-cum-ACJM,

Court No. 1, Paonta Sahib,

Distt. Sirmour (H.P.).

Ms. Divya Jyoti Patial,

Civil Judge (Jr. Divn.)-cum-JMIC,

Court No. 2, Nurpur, District Kangra (H.P.).

Dr. J.N. Barowalia,

District & Sessions Judge (Retired).

Shri L.R. Sharma,


Shri B.L. Soni,

District & Sessions Judge (Retired)

Shri J.L. Gupta,

District & Sessions Judge (Retired)

Shri B. S. Chouhan,


Shri A.C. Dogra,



Page No 44

Shri S.R. Mardi,

ADGP, CID, H.P., Shimla.

Dr. Armaan Deep Singh,

S.P., CBI, Shimla.

Shri Ashok Sharma, I.G.P, Retired

Dr. S.N. Sharma,

Professor,

Department of Law, HPU, Shimla

Dr. Man Singh,

Addl. Secretary (Revenue)

to the Govt. of H.P., Shimla.

Prof. S.C. Raina,

Faculty of Law, University of Delhi.

Prof. Gurpal Singh,

Former Dean and Head Law Department,

Punjabi University, Patiala.

Dr. Usha Bende,

(Former Fellow, Indian Institute of Advance

Study), Lower Kaithu, Shimla.

Sh. Pawan Kumar,

Systems Analyst,

H.P. Judicial Academy, Shimla

Shri Rajinder Gupta,

Sr. Audit officer (Retd.), AG, Shimla.

Sh. A.R. Sharma,

Deputy Controller (F&A) Treasuries

(Retired)

Shri Rati Ram Sharma,

Superintendent (Home-B), H.P. Secretariat,

Shimla.

PROPOSED KEY TRAININGS:

The Academy is in a process of organizing the following key Advance

Courses/Workshops/Conferences, for the Judicial Officers and ministerial staff of the State of

Himachal Pradesh:

Three days Course on Protection of Women from Domestic Violence Act, Negotiable

Instruments Act, Plea Bargaining, Law relating to Child Marriage and Procedural

Issues of Trial in Criminal Cases for the Civil Judges (Senior and Junior Division) of

Himachal Pradesh.

One Day Conference on “NDPS Act & Related Issues” for all the Judicial Officers of

Himachal Pradesh.

Three Days Course on “Land Revenue Matters” for all the Judicial Officers of

Himachal Pradesh.

One Day Conference on “Gender Sensitization” (in collaboration with National

Commission for Women) for all the Judicial Officers of Himachal Pradesh.

Three Days Advance Course on “Civil & Criminal Adjudication” for the District &

Sessions Judges and Additional District & Sessions Judges of Himachal Pradesh.


Page No 45

One Day Workshop on “The Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989” for the District & Sessions Judges and Additional

District & Sessions Judges of Himachal Pradesh.

Important Judgments of Hon’ble Supreme Court

Hon’ble Supreme Court of India in RANIKUNTLA RAJAMMA by Lrs. K.

SARWANAMMA decided on 17/07/2014 held that the provisions of Transfer of

property Act supersede the rules of Hindu Law in so far as such rules require the delivery

of possession to the donee. Thus a gift by a Hindu of his immovable property made

without delivery of the possession is valid on acceptance of gift by the donee.

Hon’ble Supreme Court of India in Narinder Singh vs. State of H.P decided on

27/07/2014 held that merely because a part of the investigation has been done by a non-

deputed officer in a case under Prevention of Corruption Act, the proceedings are not

affected; unless the accused is able to establish that the investigation was done by an

officer not authorized to do so and a serious prejudice has been caused to him by this

investigation.

Hon’ble Supreme Court of India in Singh Ram Vs. Sheo Ram decided on 21/08/2014

held that mere expiry of period of 30 years in case of usufructuary mortgage, does not

extinguish the right of the mortgagor under section 62 of T.P Act. The right of the

mortgagor continues till the money is paid out of the rents and profits and partly out of

the rents and profits and partly by deposit by the mortgager.

Hon’ble Supreme Court of India in Arnesh Kumar vs. State of Bihar decided on

02/07/2014 held that in cases under section 498-A I.P.C and section 4 of Dowry

Prohibition Act, 1961 and in all other cases where the offence is punishable with

imprisonment for a term which may be less than 7 years or which may extend to 7 years,

whether with or without fine, the police officers shall satisfy themselves about the

necessity of arrest under the parameters laid down in section 41 Cr.P.C after the

registration of a case. The Hon’ble court was pleased to issue various directions to the

police while dealing with such cases.

Hon’ble Supreme Court of India in Rakesh vs. State of U.P decided on 13/08/2014 held

that magistrate can take cognizance of the offence on a protest petition filed by the


Page No 46

complainant even if he had accepted the cancellation report filed by the police after

investigation.

Hon’ble Supreme Court of India examined the scope of Section 326(3) of Cr.P.C. in J.V

Bharuni & Others vs. State of Gujrat decided on 16/10/2014 regarding de novo trial of

the summary case by the successor Magistrate. It was held that in case the court has

recorded the evidence elaborately and in verbatim and the defence has been given full

scope for the cross-examination; de novo trial by the successor Magistrate is not required

and he can proceed further with the trial of the case.

Hon’ble Supreme Court of India has elaborately dealt with the provision contained in

section 321 Cr. P.C. in Bairam Muralidhar vs. State of Andhra Pradesh decided on

31/07/2014 and held that the public prosecutor must apply his mind independently to the

facts and circumstances of the case before approaching the court for the withdrawal from

the prosecution of the case in cases under Prevention of Corruption Act. It was further

held that the prosecutor cannot withdraw from the prosecution of the case on the ground

that the withdrawal from prosecution would advance cause of justice and serve the public

interest.

Hon’ble Supreme Court of India held in Kulai Ibrahim @ Ibhrim vs. State,

represented decided on 03/07/2014 that while dealing with a case of a Juvenile; it is

necessary to examine the documents mentioned in Rule 12(a) (1) to (iii) of the J.J Rules

2000. In case the documents are unavailable or appear to be fabricated or manipulated; it

is necessary to obtain the medical report for age determination of the accused. Since J.J

Act is a beneficial Legislation, therefore, in case two views are possible scales must tilt in

favour of the view that supports the claim of the Juvenile

The Hon’ble Supreme Court in Yoginder Partap Singh vs. Savitri Pandee & Anr.

Decided on 19/09/2014 has observed that in case the complaint under section 138 of

Negotiable Instrument Act is filed before the expiry of 15 days from the service of the

notice upon the accused; such a complaint is premature and no cause of action arises to

the complainant. Such a complaint is no complaint in the eyes of the law. It was further

held that the complaint cannot be re-filed after expiry of 15 days. The only option

available to the complainant is to file a fresh complaint.

The Hon’ble Supreme Court has dealt with the question of maintenance in Jaminiben

Hirenbhai Vyas & Anr vs. Hirenbhai Rameshchandra Vyas & Anr decided on

19/11/2014 and held that the Magistrate has the discretion to award the maintenance from


Page No 47

the date of filing of application or from the date of order; but he must record the reasons

for choosing any of the two dates.

UUPPCCOOMMIINNGG EEVVEENNTTSS JJAANNUUAARRYY TTOO JJUUNNEE,, 22001155**

Month Events No. of

Events January, 2015 Refresher Course on Service & Execution of Processes for

Naib Nazirs, Civil Nazirs, Bailiffs & Process Servers working

in the Subordinate Courts of Himachal Pradesh. 1

February, 2015 Orientation Training Programme on Ubuntu-Linux-12.04.1

LTS, LibreOffice-Writer & Internet for Ministerial Staff

working in the Subordinate Courts of Himachal Pradesh. 2

Refresher Course on Service & Execution of Processes for



Three Days Course on Office Administration and

Service Matters for Superintendents, Readers and

Senior Assistants of Subordinate Judiciary of Himachal

Pradesh.

1

March,2015 One Day Conference on “NDPS Act & Related

Issues” for all the Judicial Officers of Himachal

Pradesh. 1




Pradesh.

1




Three days Course on Protection of Women from Domestic

Violence Act, Negotiable Instruments Act, Plea

Bargaining, Law relating to Child Marriage and

Procedural Issues of Trial in Criminal Cases for the Civil

Judges (Senior and Junior Division) of Himachal Pradesh.

1

April, 2015 Refresher Course on Service & Execution of Processes for






Pradesh.

1

Three Days Course on “Land Revenue Matters” for

the District & Sessions Judges and Additional District &

Sessions Judges of Himachal Pradesh. 1

May, 2015 Three Days Course on “Land Revenue Matters” for

the District & Sessions Judges and Additional District &

Sessions Judges of Himachal Pradesh. 1




Pradesh.

1


Naib Nazirs, Civil Nazirs, Bailiffs & Process Servers working 1


Page No 48

in the Subordinate Courts of Himachal Pradesh.

June, 2015 One Day Conference on “Gender Sensitization” (in

collaboration with National Commission for Women)

for all the Judicial Officers of Himachal Pradesh. 1




Pradesh.

1

Total 17 ** This training Calendar is tentative and many more training programmes are likely to be added

in the same with the prior approval of the Competent Authority from time to time.

QQuuootteess bbyy GGrreeaatt ppeerrssoonnaalliittiieess

So long as you do not achieve social liberty, whatever freedom is provided by the law is of no

avail to you.

B. R. Ambedkar

We are Indians, firstly and lastly.

B. R. Ambedkar

"Democracy is good. I say this because other systems are worse."

Jawaharlal Nehru 1960

"Earth provides enough to satisfy every man's need, but not every man's greed."

`Mahatma Gandhi 1946

If you have ten thousand regulations you destroy all respect for the law

Winston Churchill

ATTORNEY: How was your first marriage terminated?

WITNESS: By death.

ATTORNEY: And by whose death was it terminated?

WITNESS: Take a guess.

ATTORNEY: Doctor, how many of your autopsies have you performed on dead people?

WITNESS: All of them. The live ones put up too much of a fight.

The judge frowned at the tired robber and said, “then you admit breaking into the same

store on three successive nights?” ”Yes, your honor.”

“And why was that?” “Because my wife wanted a dress.”

LAUGHTER IS THE BEST MEDICINE-Legal Jokes

http://www.brainyquote.com/quotes/quotes/b/brambedk388773.html






Page No 49

The judge check with his records, “But it says here you broke in three nights in a row!”

“Yes sir. She made me exchange it two times.”

HISTORIC BUILDING OF HON’BLE HIGH COURT OF H.P.

SOME OF THE HISTORIC ARTICLES

Historic Document [18-03-1664]

Letter under the seal of Mir Khan, an Officer of Aurangzeb to Raja Shatar Singh of

Chamba (A.D. 1664-1690) also known as Chattar Singh, it is notified that the Pargana of Bhalei

which had been seized by Sangram Pal Balauria and the Pargana of Bhadrawah, which had been

given to him, are transferred to the Chamba Raja. Date of the Document falls on 18th

March,

A.D. 1664.


Page No 50

Civil Suit for permission of wall under the Sirmour State [1875]

Certificate of enrollment as Pleader to practice in the Judicial Court of Koti State

established under the Authority of Darbar [20-04.1944]


Page No 51

SOME OF THE COURT BUILDINGS IN HIMACHAL PRADESH

DISTRICT COURT COMPLEX, UNA

DDIISSTTRRIICCTT CCOOUURRTT CCOOMMPPLLEEXX,, BBIILLAASSPPUURR

SSUUBB--DDIIVVIISSIIOONNAALL JJUUDDIICCIIAALL CCOOMMPPLLEEXX-- GGHHUUMMAARRWWIINN


Page No 52

PROPOSED NEW COMPLEX OF JUDICIAL ACADEMY – Progress at a Glance


Page No 53

HIMACHAL PRADESH –At a Glance

A VIEW OF PONG DAM

A VIEW OF REWALSAR

MONISTRY

A VIEW OF PRASHAR LAKE

A VIEW OF KOL DAM

A VIEW OF CHAIL IN SUMMER

A VIEW OF KAMAKSHA DEVI TEMPLE

AT KAO (KARSOG-MANDI)

IN DISTRICT MANDI

Director H.P. Judicial Academy, Curzon House, Boileuganj, Shimla-171005 Tel. No. 0177-2831602, Fax: 0177-2831602 eMail: [email protected], Website: http://www.hpsja.nic.in

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