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HIM NEWS News Letter

Bi-Annual

Volume V, Issue I, 2016

Himachal Pradesh Judicial Academy Curzon House, Boileuganj, Shimla-171005 (H.P.)

(January to June 2016)

Knowledge for justice…

HIM NEWS, VOLUME 5. ISSUE 1.JULY, 2016

Page No 2

INDEX

TOPIC # STORY HEADLINES PAGE #

1. Constitution 3-5

2. Mega Events 6-12

3. Three-day Course on ―Court Management, Case Management and

Appreciation of Evidence‖ for the Civil Judges (Sr./Jr. Division) of the

State

12-16

4. Graphic Presentation on the Feedback by Participants about the Course 17-19

5. Three days Course on ―Juvenile Justice, Prevention of Children from

Sexual Offences, Child Labour and Right to Education‖ for the Members of

Child Protection Units and the Members of the Child Welfare Committee

and members of the Juvenile Justice Board.

20-24

6. Graphic Presentation on the Feedback by Participants about the Course 25-27

7. Refresher Training Programme on ―Change Management-Ubuntu-Linux

Operating System and LibreOffice Writer‖

28-29

8. Three-day Course on ―Office Administration and Service Matter‖ for

Superintendents, Readers and Senior Assistants of Subordinate Courts of

Himachal Pradesh

29-31

9. Three-day Course on ―Ubuntu-Linux 14.04 & Libre Office-Writer/Calc

4.2‖ for the Officers/Officials of Hon’ble High Court of Himachal Pradesh

and Subordinate Courts of Himachal Pradesh

32-35

10. Event held from January to June, 2016 35-37

11. Monthwise Events: At a Glance 37

12. Recipientwise Summary 37

13. Graphic Presentation 38

14. Training attended outside Himachal Pradesh Judicial Academy 39

15. Academy’s News 39-42

16. Faculty 43-44

17. Upcoming Events July to December, 2016 44-46

18. Important Judgments of Hon’ble Supreme Court of India 46-53

19. Quotes by Great Men 54

20. Court Room Humor 54

21. Proposed New Complex of Judicial Academy-Progress at a Glance 55-56

22. Himachal Pradesh-At a Glance 56-58


Page No 3

CCOONNSSTTIITTUUTTIIOONN

PPAATTRROONN OOFF HHIIMMAACCHHAALL PPRRAADDEESSHH JJUUDDIICCIIAALL AACCAADDEEMMYY

Hon’ble Mr. Justice Mansoor Ahmad Mir,

Chief Justice, High Court of Himachal Pradesh


Page No 4

PRESIDENT OF HIMACHAL PRADESH JUDICIAL ACADEMY

Hon’ble Mr. Justice Rajiv Sharma,

Judge, High Court of Himachal Pradesh


Page No 5

MEMBERS OF BOARD OF GOVERNORS OF

HIMACHAL PRADESH JUDICIAL ACADEMY

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.

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

Mr. Rakesh Kainthla, Secretary,

Director, H.P. Judicial Academy Mr. P.C. Dhiman, I.A.S.

Additional Chief Secretary (Home) to the Government of H.P.


Page No 6

MMEEGGAA EEVVEENNTT::

OOnnee--ddaayy CCoonnffeerreennccee oonn ““GGeennddeerr SSeennssiittiizzaattiioonn””

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

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

Hon’ble Mr. Justice Rajiv Sharma, Judge, High Court of Himachal Pradesh (Hon’ble President of the Academy) being honoured by Sh. Rakesh Kainthla, Director, Himachal Pradesh Judicial Academy, by presenting a bouquet.


Page No 7

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

High Dignitaries, Guests and Participants rising for the National Song


Page No 8

In ancient times, the women were

treated equal to men in the society. They

were accorded high esteem in the family and

society and were considered key player in

the development and progress of society.

Gradually, the respect accorded to women

eroded and she was objectified. The birth of

the son began to be celebrated, whereas the

birth of a daughter was mourned. The boys

were encouraged to be tough and extrovert

whereas; the girls wereencouraged to be

meek and introvert. Such continued

discouragement led to loss of self-esteem

of women and made her the object of

mental and physical cruelties. Various

social evils targeting women grew fast and

were widely accepted by the society as

normal.

Various social reformers opposedthese evil

practicesand tried to eradicate them. They

also encouraged the education of women to

help them regain their self-esteem and to

restore their lost glory. Various laws were

formulated to help the womento live with

dignity and self-esteem.

Sh. Rakesh Kainthla, Director, H.P. Judicial

Academy, delivering the Welcome Address.

Hon’ble Mr. Justice Rajiv Sharma, Judge, High

Court of H.P. (Hon’ble President of the Academy),

addressing the participants during the Special

Address.

Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief

Justice, High Court of H.P. (Hon’ble Patron of the

Academy), addressing the participants during the

Inaugural Address.


Page No 9

Mere formulation of the lawswas notsufficient,asthe women were not sensitized to come

forward to challenge the age-old stereotypes.

Hence, it has become necessary to organise

various awareness programmes to encourage

the women not to accept the gender

inequality in any of its forms and take

recourse to the laws meant to curb such

inequalities. The biased mind-set of the

others towards the women also needs to be

changed.

High Dignitaries, Guests and Participants during the Inaugural Session

Judges are also born and brought up in the same society and carry the same biases as any

other member of the society. Thus, sensitization of the judges of their roles and goals in

the courts while dealing withthe women as litigants, witnesses, colleagues and supporting

Sh. Hans Raj, Joint Director, H.P. Judicial Academy

delivering the vote of thanks.


Page No 10

staff isindispensable. Inthis backdrop, Himachal Pradesh Judicial Academy in

collaboration with National Commission for Women, New Delhi Organised one-day

Conference on ―Gender Sensitization‖ toenhance the skills and knowledge of judicial

officers, to sensitize them on gender issues and also to apprise them about the laws

relating to the prevention of crimes against women and effective implementation of the

PC&PNDT Act. The conference was attended by 111 Judicial Officers of the State of

Himachal Pradesh, 6 law teachers and 36 students from Himachal Pradesh University

Law Department, Law College of APG University,University Institute of Legal Studies

and RayatBahra University.

The conference was inaugurated by His Lordship, Hon’ble Mr. Justice

Mansoor Ahmad Mir, Hon’ble the Chief Justice, High Court of Himachal Pradesh

(Hon’ble Patron of Himachal Pradesh Judicial Academy). Hon’ble Mr. Justice Rajiv

Sharma, Judge, High Court of Himachal Pradesh (Hon’ble President of Himachal

Pradesh Judicial Academy) delivered the special address.

Hon’ble Mr. Justice Sanjay Karol, Judge, High Court of Himachal Pradesh, chairing the First Session and Hon’ble Ms. Justice Manju Goel, Former Judge of Delhi High Court, addressing the participants.

Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge, High Court of Himachal Pradesh, chairing the Second Session and Hon’ble Mr. Justice Bashir A. Kirmani, Former Judge of Jammu & Kashmir High Court and presently Member of Jammu & Kashmir Accountability Commission, addressing the participants.


Page No 11

Different sessions of the

conference were chaired by Hon’ble

Mr. Justice Sanjay Karol, Hon’ble Mr.

Justice Tarlok Singh Chauhan and

Hon’ble Mr. Justice P.S. Rana, Hon’ble

Judges of High Court of Himachal

Pradesh. Hon’ble Mr. Justice Sureshwar

Thakur, Judge, High Court of Himachal

Pradesh, addressed the participants in

the valedictory session.

Hon’ble Ms. Justice Manju Goel, Former Judge of Delhi High Court, Hon’ble Mr. Justice

Bashir A. Kirmani, Former Judge of Jammu & Kashmir High Court and presently

Member of Jammu & Kashmir Accountability Commission and Dr. V.K. Dixit, Professor

(Retd.), Delhi University being the Resource Persons enlightened the participants on

various topics, viz. PC & PNDT Act vis-à-vis Human Rights & Empowerment of

Women, Role of judiciary in effective

implementation of the PC & PNDT Act,

Laws relating to crimes against Women i.e.

Protection of Women from Domestic

Violence Act, Dowry, Child Marriage,

Rape, Acid Attack etc., Prevention of

Crime Against Women- Role of Judiciary

and Discrimination, Harassment of women

at work place and Rights and Dignity of women at workplace – Constitutional Mandate

and Guidelines by Hon’ble Supreme Court in Vishaka’s case.

Hon’ble Mr. Justice P. S. Rana, Judge, High Court of Himachal Pradesh, chairing the Third Session and Dr. V.K. Dixit, Professor (Retd.), Delhi University, addressing the participants during the Session.

Hon’ble Mr. Justice Sureshwar Thakur, Judge, High Court of Himachal Pradesh, addressing the participants during the Valedictory Session.


Page No 12

TThhrreeee ddaayy ccoouurrssee oonn ““CCoouurrtt MMaannaaggeemmeenntt,, CCaassee MMaannaaggeemmeenntt aanndd

AApppprreecciiaattiioonn ooff EEvviiddeennccee”” ffoorr tthhee CCiivviill JJuuddggeess ((SSrr.. //JJrr.. DDiivviissiioonn)) ooff tthhee SSttaattee..

Three day course on ―Court

Management, Case Management and

Appreciation of Evidence‖ for the Civil

Judges (Sr. /Jr. Division) of the State was

organized w.e.f. from 17.03.2016 to

19.03.2016 by the Academy to equip the

officers with the techniques of court and

case management and to motivate them to

GROUP PHOTOGRAPH

Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice, High Court of Himachal Pradesh (Hon’ble Patron of the Academy), illuminating the lamp of knowledge.


Page No 13

focus on the sensitive issue of the appreciation of evidence.

The course was inaugurated by Hon’ble

Mr. Justice Mansoor Ahmad Mir, Chief

Justice, Hon’ble High Court of H.P.

Speaking on the occasion, his Lordship

called upon the officers to serve the society

in a better manner by consistent

improvement in their performance by hard

work. His Lordship advised the

participating officers to consult the senior

officers and to refer to the

law Journals and books,

whenever guidance is

needed on any point of law

to provide qualitative

justice to the litigants. His

Lordship also

applauded performance of the judicial officers of the State and congratulatedthem

for the same.

The appreciation of evidence is the

heart and soul of the dispensation of

justice delivery system. The lectures

covered theoretical aspect of new

evidence scholarship, use of logic in

the legal reasoning and writing of

judgment and communication skills. A

Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice, High Court of Himachal Pradesh (Hon’ble Patron of the Academy), addressing the participants during the Inaugural Sessions.

Participants during the Inaugural Session

Sh. Rakesh Kainthla, Director, Himachal Pradesh Judicial Academy, addressing the participants during the different Sessions.


Page No 14

series of lectures on the aforesaid topics were delivered by Sh. Rakesh Kainthla,

Director of the Academy.

Efforts were also made to draw the attention of the officers to the need and

benefits of effective Court and Case Management.

Sh. C.B Barowalia, Registrar

General, Hon’ble High Court of H.P

delivered a lecture on court management

and shared his experiences in managing the

court. He also highlighted various effective

and helpful techniques for better court

management.

Sh. Rajeev Bhardwaj, Registrar

Judicial, Hon’ble High court of

Himachal Pradesh shared valuable tips

and techniques of case managements.

He also shared his experiences in

managing the caseloads during his

career. Sh. Hans Raj, Joint Director,

Himachal Pradesh Judicial Academy

shared the studies undertaken at various

levels to tackle the caseloads and manage

the courts effectively. He appealed to the

participating officers to follow the

guidelines formulated in thevarious

studies across the world in this regard.

Sh. C.B. Barowalia, the then Ld. Registrar General, High Court of Himachal Pradesh, addressing the participants during the Session.

Sh. Rajeev Bhardwaj, Registrar Judicial, addressing the participants during the Session.

Sh. Hans Raj, Joint Director, Himachal Pradesh Judicial Academy, addressing the participants during the Session.


Page No 15

Sh. Avinash Chander, Deputy Director of the Academy shared the material

from various studies conducted on the

court management in various countries as

well as in India. He highlighted the

importance of court management in saving

time of the court.

The complex nature of judicial

work,ever-increasing work load and time

constraint often cause stress to the

Judicial Officers, which affects the

efficiency and productivity of the Judicial Officers. With a view to tackle the

stress by proper time management, lectures were delivered on stress and time

management by a renowned Psychologist Dr. S.N Ghosh, Professor H.P

University Shimla.

Leadership qualities and Administrative skills help an officer in not only

properly managing the work assigned to him but also in meeting the expectations

of the society. To sharpen the leadership and administrative qualities of the

Judicial officers; a lecture was delivered by Sh. S.R. Mardi, D.G.P Home Guards,

Shimla.

Sh. Avinash Chander, Deputy Director, Himachal Pradesh Judicial Academy, addressing the participants during the Session.

Dr. S. N. Ghosh, Professor, Himachal Pradesh University, Shimla, addressing the Participants during First Session and Second Session.

Sh. S. R. Mardi, DGP (Home Guard), Himachal Pradesh addressing the participants during the Session.


Page No 16

The lectures delivered in this

three-day course were highly

appreciated by the Judicial Officers

who rated the course highly beneficial

for the discharge of their official

duties.Hon’ble Mr. Justice P.S Rana,

Judge High Court of H.P addressed

the participating Officers at the time

of valediction and appealed them to work with cool mind for the benefit of the

society. His Lordship exhorted the Officers not to succumb to the various

pressures coming across their work and to work hard by properly managing their

time for the larger benefit of the society.

Hon’ble Mr. Justice P. S. Rana, Judge, High Court of

Himachal Pradesh, addressing the participants during the

Valedictory Session.

GROUP PHOTOGRAPH


Page No 17

GRAPHIC PRESENTATION ON THE FEED BACK BY PARTICIPANTS

ABOUT THE COURSE


Page No 18


Page No 19


Page No 20

TThhrreeee ddaayyss CCoouurrssee oonn ““JJuuvveenniillee JJuussttiiccee,, PPrreevveennttiioonn ooff CChhiillddrreenn ffrroomm SSeexxuuaall

OOffffeenncceess,, CChhiilldd LLaabboouurr aanndd RRiigghhtt ttoo EEdduuccaattiioonn”” ffoorr tthhee MMeemmbbeerrss ooff CChhiilldd

PPrrootteeccttiioonn UUnniittss aanndd tthhee MMeemmbbeerrss ooff tthhee CChhiilldd WWeellffaarree CCoommmmiitttteeee aanndd

mmeemmbbeerrss ooff tthhee JJuuvveenniillee JJuussttiiccee BBooaarrdd..

The children are future of a nation. Only a healthy and happy child can

grow into a responsible adult to contribute in the Nation building.Unfortunately, children

are the most vulnerable class who fall victims to exploitation. Various laws have been

enacted to protect the rights, growth and

safety of the children. The members of the

Juvenile Justice Board, Child welfare

committees and the child protection units

play a vital role in the implementation of the

laws pertaining to the children.

To ensure that these functionaries

perform their duties in consonance with the

spirit of the variouslaws for the betterment of

the children, the Academy organized four

refresher courses on Juvenile Justice, Prevention of Children from Sexual Offences, Child

Labour and Right to Education to update them on the various topicsand to discuss the

common problems faced by them. The first course for the members of Child Protection

Units was organized w.e.f. 09.03.2016 to 11.03.2016. Sh. Rakesh Kainthla, Director, H.P

Judicial Academy deliberated on aims and objectives of training, understanding

childabuse, its forms and myths surrounding

it. Ms. Sushma Vats, Joint Director, women

and child Department H.P Shimla discussed

various child development schemes. Dr. J.N

Barowalia, District & Sessions Judge (Retd.)

dealt with institutional and non-institutional

care under Juvenile Justice (Care & Protection

of children) Act, 2015 and highlighted the

leading judgments of Hon’ble Apex Court in the field. Sh. Hans Raj, Joint Director H.P

Sh. Rakesh Kainthla, Director, Himachal Pradesh Judicial Academy, addressing the participants during different Sessions.

Dr. J. N. Barowalia, District & Sessions Judge (Retd.), addressing the participants during the different Sessions.


Page No 21

Judicial Academy dealt with child friendly manners and sharing of the best practices,

practical field difficulties & evolving practices to meet those challenges, functions,

powers & responsibilities of District Child Protection Unit, holding of enquiries to

identify the child in need of care, ensuring fair, effective and child right centric procedure

and ensuring the participation of child and his parents during enquiries.Dr. S.N Ghosh,

Department of Psychology, H.P University, Shimla delivered a lecture on understanding

child psychology and techniques for communicating with the children. Sh. Avinash

Chander, Deputy Director of the Academy delivered lectures on the Salient features of

the Protection of the Children from Sexual Offences Act, 2012, Right to Education Act,

special issues affecting children, steps towards the rehabilitation of the childin need of

Dr. S. N. Ghosh, Professor, Himachal Pradesh University, Shimla, addressing the Participants during Session.

Mrs. Shushma Vats, Joint Director, Women & Child Department of H.P. addressing the participants during different Sessions.

Sh. Avinash Chander, Deputy Director of the Academy addressing the participants during different Sessions.

Sh. B.L. Soni, District & Sessions Judge(Retd.), addressing the participants during different Sessions.


Page No 22

care and the role of Child Protection Unit in this direction and adoption of child in need

of care and sensitive participation of the

child protection unit in the process. Sh. B.L

Soni, District & Sessions Judge (Retd.)

enlightened the participants on The Child

Labour (Prohibition & Regulation)

Act,1986 and the Prohibition of Child

Marriage Act, 2006. Sh. Partap Singh

Thakur Central Project Coordinator, High

Court of H.P dealt with the Salient features

of Juvenile Justice (Care and Protection of Children) Act, 2015.

RESOURCE PERSONS WHO ADDRESSED THE PARTICIPANTS DURING

THE COURSES

Sh. Partap Singh Thakur, Central Project Coordinator, High Court of H.P., addressing the Participants during First Session and Second Session.

Sh. R. S. Guleria, Deputy Director, Women & Child Development addressed the Participants during Session.

Dr. Sunil Sharma, Psychology Department, H.P. University, Shimla, addressed the Participants during Session.


Page No 23

GROUP PHOTOGRAPHS OF DIFFERENT COURSES

Ms. Kamla Chauhan, Deputy Director, Women & Child Development addressed the Participants during Session.

Mrs. Mamta Paul, CDPO, Shimla (Urban), addressed the participants in a Session.

Sh. R. K. Bhardwaj, District Programme Officer,Shimla, Women & Child Development addressed the Participants during Session.

Dr. Onkar Thakur, Programme Officer (HQ), Women & Child Development addressed the Participants during Session.


Page No 24


Page No 25

GRAPHIC PRESENTATION ON THE FEED BACK BY PARTICIPANTS

ABOUT THE COURSE


Page No 26


Page No 27


Page No 28

RReeffrreesshheerr TTrraaiinniinngg PPrrooggrraammmmee oonn ““CChhaannggee MMaannaaggeemmeenntt--UUbbuunnttuu--LLiinnuuxx

OOppeerraattiinngg SSyysstteemm aanndd LLiibbrreeOOffffiiccee WWrriitteerr””

Himachal Pradesh Judicial Academy organized a two-day Change

Management- UBUNTU LINUX 14.04 Training Programmes for the Judicial Officers

of the State of Himachal Pradesh on 21st May, 2016 and 22

nd May, 2016, which was

Sh. Rakesh Kainthla, Director, H.P. Judicial Academy addressed the Participants during Session.

Dr. Parvinder Singh Arora, Civil Judge (Sr. Division)-cum-ACJM, Master Trainer addressed the Participants during Session.

Ms. Akshi Sharma, Civil Judge (Jr. Division)-cum-JMIC, Court No. 3, Shimla, Master Trainer, addressed the Participants during Session.

Sh. Rakesh Kainthla, Director, H.P. Judicial Academy addressed the Participants during joint Session.


Page No 29

attended by 14 Judicial Officers. The training was imparted by the Ubuntu-cum-CIS

Master Trainers, Sh. Rakesh Kainthla, Director, Himachal Pradesh Judicial Academy,

Shimla and Dr. Parvinder Singh Arora, Civil Judge (Sr. Division)-cum-JMIC, Court No.

1,Paonta Sahib, District. Sirmour and assisted by Ubuntu Master Trainer Ms. Akshi

Sharma, Civil Judge (Junior Division)-cum-JMIC, Court No. 4, Shimla during the course.

TThhrreeee--ddaayy CCoouurrssee oonn ““OOffffiiccee AAddmmiinniissttrraattiioonn aanndd SSeerrvviiccee MMaatttteerr”” ffoorr

SSuuppeerriinntteennddeennttss,, RReeaaddeerrss aanndd SSeenniioorr AAssssiissttaannttss ooff SSuubboorrddiinnaattee CCoouurrttss ooff

HHiimmaacchhaall PPrraaddeesshh

Himachal Pradesh Judicial Academy organized three Courses on ―Office

Administration and Service Matter‖ for the Superintendents, Readers and Senior

Assistants of Subordinate Courts of Himachal Pradesh during the first half of the year

Participating Judicial Officers during Session.

Sh. Rakesh Kainthla, Director, H.P. Judicial Academy, addressing the participants during Session.

Mrs. Sunita Bhardwaj, Superintendent G-I, O/o the District & Sessions Judge, Shimla, addressing the participants during Session.


Page No 30

2016 attended by 61 participants. Sh. Rakesh Kainthla Director Himachal Pradesh

Judicial Academy delivered lectures on aims and objectives of the training. Sh. Avinash

Chander, Deputy Director delivered lectures on Sexual Harassment of women at work

place (Prevention, Prohibition and Redressal Act, 2013) and the Vishaka guidelines. Sh.

Hitesh Sharma, Officer on Special duty delivered lectures on C.C.S and C.C.A Rules and

departmental enquiries. Besides this, lectures on office procedures and maintenance of

files were also delivered.

Participants during Session.

Sh. Avinash Chander, Deputy Director, H.P.

Judicial Academy, addressing the participants during Session.

Sh. Rajinder Gupta, Sr. Audit Officer (Retd.),

AG, Shimla, addressing the participants during Session.


Page No 31

Sh. M.L. Chouhan, Financial Adviser & Chief Account Officer, HRTC, Shimla, addressing the participants during Session.

Sh. A.R. Sharma, Deputy Controller (F&A) Treasuries (Retired), addressing the participants during Session.

Sh. Hitesh Sharma, OSD, addressing the participants during Session.




Page No 32

TThhrreeee--ddaayy CCoouurrssee oonn ““UUbbuunnttuu--LLiinnuuxx 1144..0044 && LLiibbrreeOOffffiiccee--WWrriitteerr//CCaallcc 44..22””

ffoorr tthhee OOffffiicceerrss//OOffffiicciiaallss ooff HHoonn’’bbllee HHiigghh CCoouurrtt ooff HHiimmaacchhaall PPrraaddeesshh aanndd

SSuubboorrddiinnaattee CCoouurrttss ooff HHiimmaacchhaall PPrraaddeesshh

Himachal Pradesh Judicial Academy organized six Courses on ―Ubuntu-Linux:

14.04 & LibreOffice-Writer/Calc 4.2‖ for the Officers and Officials of Hon’ble High

Court of Himachal Pradesh and 74 participants attended these courses.

Besides this, the Academy also organized eight Courses on ―Ubuntu-Linux: 14.04

& LibreOffice-Writer/Calc 4.2‖ for the ministerial staff of Subordinate Courts of

Himachal Pradesh and these were attended by 120 participants.

Himachal Pradesh Judicial Academy has organized total 24 courses including one-

day conference on ―Gender Sensitization‖ during the first half of the year 2016, out of

which 58% i.e. 14 courses on ―Ubuntu-Linux: 14.04 & LibreOffice-Writer/Calc 4.2‖

were organized for the ministerial staff of the State Judiciary. The participants were

apprisedof latest tools and techniques of every day environment. Sh. Rakesh Kainthla,

Director, Himachal Pradesh Judicial Academy emphasized on updation of cases on CIS

and apprised the participants of the importance of updated information of cases in the

public domain.



Page No 33

Group Photograph

Sh. Hans Raj, Joint Director, H.P. Judicial Academy, awarding certificates of participation to the participants at the end of the Course.

.

Sh. Rakesh Kainthla, Director, H.P. Judicial Academy, awarding certificates of participation to the participants at the end of the Course.


Page No 34

Sh. Rakesh Kainthla, Director, H.P. Judicial

Academy, addressing the participants during Session.



Page No 35

EVENTS HELD FROM JANUARY TO JUNE, 2016

Month Events No. of

Events Participants

January, 2016

Three-Days Training Programme on “Ubuntu-

Linux 14.04 & LibreOffice-Writer/Calc 4.2” for the Officers/Officials of Hon’ble High Court

of H.P.

3 41

February, 2016


Linux 14.04 & LibreOffice-Writer/Calc 4.2” for the Officers/Officials of Hon’ble High Court

of H.P.

3 33

One day Conference on Gender Sensitization

for Judicial Officers of H.P.Note:- Participants:

Judicial Officers: 111, Law Teacher: 6, Law

Students: 36, Total Participants= 153

1 153


Linux 14.04 & LibreOffice-Writer/Calc

4.2”for the Ministerial Staff of Subordinate

2 30



Page No 36

March, 2016 Judiciary of Himachal Pradesh.

Three days Course on “Juvenile Justice,

Prevention of Children from Sexual Offences,

Child Labour and Right to Education” for the

Members of Child Protection Units.

1 20

Three-day Courses on “Court Management,

Case Management and Appreciation of

Evidence” for the Civil Judges (Senior & Junior

Divisions)

1 24

April, 2016

Three-day Training Programme on “Ubuntu-

Linux 14.04 & LibreOffice-Writer/Calc 4.2” for the Ministerial Staff of Subordinate Judiciary

of Himachal Pradesh.

2 30

Three-days Course on “Office Administration

and Service Matter” for Superintendents,

Readers and Senior Assistants of Subordinate

Courts of H.P.

1 20

Three-day Course on “Juvenile Justice,

Protection of Children from Sexual Offences,


Members of Child Welfare Committee

1 20

May, 2016

Three-day Course on “Juvenile Justice,

Protection of Children from Sexual Offences,


Members of Child Welfare Committee

2 31




2 30

Change Management – Ubuntu-Linux 14.04

Training Programmefor the Judicial Officers 1 14




Courts of H.P.

1 19

June, 2016




2 30




1 22


Page No 37

Courts of H.P.

Two-day Training Programme on CIS 2.0

Application Software for System

Administrators and Technical Manpower of

the Subordinate Judiciary

1 13

25 530

MONTHWISE EVENTS: At a Glance

Month No. of Events Recipients

January 3 41

February 4 186

March 4 74

April 4 70

May 6 94

June 4 65

Total 25 530

RECIPIENTWISE SUMMARY

Recipients

No. of Events Participants

Judicial Officers 3 191

Court Staff 18 268

Other 4 71

Total 25 530


Page No 38

GRAPHIC PRESENTATION


Page No 39

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 January to June 2016, 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. 13 17

2 LNJN (NICFS), New Delhi. 16 16

3 Other Judicial Academies /

Institutions 4 18

Total 33 51

ACADEMY’S NEWS:

HHoonn’’bbllee MMrr.. JJuussttiiccee VViivveekk SSiinngghh TThhaakkuurr aanndd HHoonn’’bbllee MMrr.. JJuussttiiccee AAjjaayy MMoohhaann

GGooeell ttooookk ooaatthh aass JJuuddggee ooff HHoonn’’bbllee HHiigghh CCoouurrtt ooff HHiimmaacchhaall PPrraaddeesshh oonn 1122tthh

AApprriill,, 22001166((FF..NN..))..


Page No 40

HHoonn’’bbllee MMrr.. JJuussttiiccee SSaannddeeeepp SShhaarrmmaa aanndd HHoonn’’bbllee MMrr.. JJuussttiiccee CChhaannddeerrBBhhuussaann

BBaarroowwaalliiaa ttooookk ooaatthh aass AAddddiittiioonnaall JJuuddggee ooff HHoonn’’bbllee HHiigghh CCoouurrtt ooff HHiimmaacchhaall

PPrraaddeesshh oonn 1122tthh

AApprriill,, 22001166((FF..NN..))..

HHoonn’’bbllee MMrr.. JJuussttiiccee MMaannssoooorr AAhhmmaadd MMiirr,, CChhiieeff JJuussttiiccee,, HHiigghh CCoouurrtt ooff

HHiimmaacchhaall PPrraaddeesshh ((HHoonn’’bbllee PPaattrroonn,, HH..PP.. JJuuddiicciiaall AAccaaddeemmyy vviissiitteedd tthhee

ccoonnssttrruuccttiioonn ssiittee ooff NNeeww CCoommpplleexx ooff JJuuddiicciiaall AAccaaddeemmyy aatt GGhhaannddaall oonn 2277tthh

AApprriill,,

22001166 aanndd ddiirreecctteedd tthhee eexxeeccuuttiinngg aaggeennccyy ttoo eexxppeeddiittee tthhee wwoorrkk..

HHoonn’’bbllee MMrr.. JJuussttiiccee VViirreennddeerr SSiinngghh,, CChhiieeff JJuussttiiccee HHiigghh CCoouurrtt ooff JJhhaarrkkhhaanndd

mmaaddee aann iinnffoorrmmaall vviissiitt ttoo tthhee AAccaaddeemmyy ccaammppuuss aanndd sshhoowweedd kkeeeenn iinntteerreesstt iinn tthhee

aaffffaaiirrssooff tthhee AAccaaddeemmyy.. HHiiss LLoorrddsshhiipp aallssoo ddiirreecctteedd aa ggrroouupp ooff jjuuddiicciiaall ooffffiicceerrss

uunnddeerrggooiinngg iinndduuccttiioonn ttrraaiinniinngg iinn JJhhaarrkkhhaanndd JJuuddiicciiaall AAccaaddeemmyy,, wwhhoo wweerreeiinn

SShhiimmllaa oonn aaccccoouunntt ooff eedduuccaattiioonnaall ttoouurr,, ttoo vviissiitt tthhee AAccaaddeemmyy aanndd iinntteerraacctt wwiitthh tthhee

ffaaccuullttyy ooff tthhee AAccaaddeemmyy..

IIMMPPOORRTTAANNTT PPHHOOTTOOGGRRAAPPHHSS DDUURRIINNGG VVIISSIITT OOFF HHIISS LLOORRDDSSHHIIPP::


Page No 41

AArroouunndd 3355 JJuuddiicciiaall OOffffiicceerrss uunnddeerrggooiinngg IInndduuccttiioonn TTrraaiinniinngg iinn tthhee JJhhaarrkkhhaanndd

JJuuddiicciiaall AAccaaddeemmyy hhaadd aann iinntteerraaccttiivvee sseessssiioonn iinn tthhee HH..PP JJuuddiicciiaall AAccaaddeemmyy wwiitthh

tthhee DDiirreeccttoorr ooff tthhee AAccaaddeemmyy oonn ““JJuussttiiccee-- wwhhaatt iiss aa rriigghhtt tthhiinngg ttoo ddoo””.. TThhee SSeessssiioonn


Page No 42

wwaass qquuiittee ffrruuiittffuull,, aanndd tthhee ooffffiicceerrss ttooookk kkeeeenn iinntteerreesstt aanndd aaccttiivveellyy ppaarrttiicciippaatteedd iinn

tthhee ddiissccuussssiioonn..

HHiimmaacchhaall PPrraaddeesshh JJuuddiicciiaall AAccaaddeemmyy rreecceeiivveedd aapppprreecciiaattiioonnffrroomm HHoonn’’bbllee MMrr..

JJuussttiiccee VViirreennddeerr SSiinngghh,, CChhiieeff JJuussttiiccee HHiigghh CCoouurrtt ooff JJhhaarrkkhhaanndd ffoorr tthhee ccoouurrsseess

bbeeiinngg oorrggaanniizzeedd bbyy tthhee AAccaaddeemmyy oonn tthhee bbaassiiss ooff tthhee ffeeeeddbbaacckk rreecceeiivveedd bbyy hhiiss

LLoorrddsshhiipp ffrroomm tthhee ooffffiicceerrss ooff JJhhaarrkkhhaanndd uunnddeerrggooiinngg iinndduuccttiioonn ttrraaiinniinngg aabboouutt

tthhee iinntteerraaccttiivvee sseessssiioonn tthheeyy hhaadd iinn tthhiiss AAccaaddeemmyy..


Page No 43

FACULTY

The following Faculty Members addressed the participants in the

trainings/workshops organized by the judicial academy during the first half of year, 2016:

Sh. C. B. Barowalia, (the then

Registrar General, High Court of H.P.)

and now Judge, Hon’ble High Court

of H.P

Mrs. Shushma Vats, Joint Director,

Women & Child Department, H.P., Shimla.

Sh. Rajeev Bhardwaj,(the then

Registrar (Judicial), High Court of

H.P.) and now Registrar General

Hon’ble High Court of H.P

Sh. R. S. Guleria, Deputy Director-I,

Women & Child Development, Shimla

Sh. Rakesh Kainthla, Director,

Himachal Pradesh Judicial Academy,

Shimla-05

Ms. Kamla Chauhan, Deputy Director-II,

Women & Child Development, Shimla.

Sh. Hans Raj, Joint Director,

Himachal Pradesh Judicial Academy,

Shimla-05

Sh. M.L. Chouhan

Financial Advisor & Chief Account Officer,

Head Office, H.R.T.C., Shimla

Sh. Avinash Chander, Deputy

Director, Himachal Pradesh Judicial

Academy, Shimla-05

Sh. Hitesh Sharma,

OSD, Himachal Pradesh Judicial Academy

Sh. Partap Singh Thakur,

Central Project Coordinator,

High Court of H.P., Shimla

Sh. Pawan Kumar,

Systems Analyst,

Himachal Pradesh Judicial Academy

Dr. Parvinder Singh Arora, Civil Judge

(Sr. Division)-cum-JMIC, Court No. 1,

Paonta Sahib, District. Sirmour.

Mrs. Sunita Verma,

Superintendent G-I

O/O The District & Sessions Judge, Shimla

Ms. Akshi Sharma,

Civil Judge (Junior Division)-cum-JMIC,

Sh. G.K. Sharma, Programme Manager

Women & Child Department, H.P., Shimla


Page No 44

Court No. 4, Shimla

Sh. S.R. Mardi, DGP (Home Guard),

Himachal Pradesh

Sh. R.K. Bhardwaj, District Programme Officer,

Women & Child Development, Shimla

Dr. J.N. Barowalia,

District & Sessions Judge (Retired).

Dr. Onkar Thakur, Programme Officer (HQ),

Women & Child Development, H.P

Sh. B.L. Soni,

District & Sessions Judge (Retired)

Mrs. Mamta Paul, CDPO, Shimla (Urban).

Dr. Sunil Sharma,

Psychology Department,

H.P. University, Summer Hill, Shimla-5

Sh. A.R. Sharma,

Deputy Controller (F&A) Treasuries

(Retired)

Dr. Usha Bende,

(Former Fellow, Indian Institute of

Advance Study), Lower Kaithu,

Shimla.

Sh. Rajinder Gupta,

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

Dr. S. N. Ghosh,

Professor, H.P. University, Shimla.

Sh. Rati Ram, Superintendent,

Home (F), H.P. Secretariat, Shimla-2.

UPCOMINGEVENTSJULY TO DECEMBER, 2016*

Month Events No. of Events

July 2016



Administrators and Technical Manpower of the

Subordinate Judiciary

2


Linux 14.04 & LibreOffice-Writer/Calc 4.2” for

the Ministerial Staff of Subordinate Judiciary of

Himachal Pradesh.

2

Three-days course on “Court Management and

Appreciation association of Evidence” for the

Civil Judges (Senior & JuniorDivisions) 2


Page No 45

One day Conference on “Mediation” for the

Judicial Officers of the State of Himachal Pradesh.. 1

August, 2016

Three-day Courses on “Court Management, Case

Management, Land Acquisition Act, Motor

Vehicle Act, the Scheduled Castes and

Scheduled Tribes (POA) Act” for District Judges

and Additional District Judges

1

Three days Course on “Office Administration and

Service Matter” for Superintendents, Readers and

Senior Assistants of Subordinate Courts of H.P. 1





2




Himachal Pradesh.

2

September, 2016

Three-day Courses on “Court Management, Case

Management, Land Acquisition Act, Motor

Vehicle Act, the Scheduled Castes and

Scheduled Tribes (POA) Act” for District Judges

and Additional District Judges

1

Three days Course on “Office Procedure and

Fundamental Legal Concepts” for the Civil

Judges (Senior and Junior Division).

1

Three days Course on “Office Administration

and Service Matter” for Superintendents, Readers

and Senior Assistants of Subordinate Courts of

H.P.

1





1




Himachal Pradesh.

3

October, 2016




1




Himachal Pradesh.

2


Page No 46

November, 2016




1




Himachal Pradesh.

3

December, 2016




1




Himachal Pradesh.

4

32 ** 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.

In Criminal Appeal No. 2099 of 2008 titled Darshan Singh Appellant vs. State

of Punjab Respondent decided on January 6, 2016 the Hon’ble Apex Court had

the occasion to deal with the plea of alibi. Explaining the plea it was observed by

the Hon’ble Court:

―The word alibi means ―elsewhere‖. The plea of alibi is not one of the

General Exceptions contained in Chapter IV of IPC. It is a rule ofevidence

recognized under Section 11 of the Evidence Act. However, plea of alibi

taken by the defence is required to be proved only after prosecution has

proved its case against the accused. In the present case said condition was

fulfilled.‖

Hon’ble Supreme Court of India in Civil Appeal Nos. 823-854 of 2016 decided

on 4th

February 2016 titled Kerala Public Service Commission &Ors vs. The

State Information Commissioner &Anr. With Civil Appeal No. 855 of 2016

titled Public Service Commission U.P Vs. Raghvendra Singh had the occasion

IMPORTANT JUDGMENTS OF HON’BLE SUPREME COURT OF INDIA


Page No 47

to examine the question as to whether information with respect to the names of the

examiners who had evaluated the answer sheets can be supplied under the Right to

Information Act. Explaining the situation, the Hon’ble Court was pleased to

observe as under:-

10. In the present case the request of the information seeker about the

information of his answer sheets and details of the interview marks can be

and should be provided to him. It is not something which a public authority

keeps it under a fiduciary capacity. Even disclosing the marks and the

answer sheets to the candidates will ensure that the candidates have been

given marks according to their performance in the exam. This practice will

ensure a fair play in this competitive environment, where candidate puts

his time in preparing for the competitive exams, but, the request of the

information seeker about the details of the person who had

examined/checked the paper cannot and shall not be provided to the

information seeker as the relationship between the public authority i.e.

Service Commission and the Examiners is totally within fiduciary

relationship. The Commission has reposed trust on the examiners that

they will check the exam papers with utmost care, honesty and

impartially and, similarly, the Examiners have faith that they will not be

facing any unfortunate consequences for doing their job properly. If we

allow disclosing name of the examiners in every exam, the unsuccessful

candidates may try to take revenge from the examiners for doing their

job properly. This may, further, create a situation where the potential

candidates in the next similar exam, especially in the same state or in

the same level will try to contact the disclosed examiners for any

potential gain by illegal means in the potential exam.

The Hon’ble Supreme Court of India in writ petition (Civil) No. 406 of 2013

titled Re inhuman condition in 1382 prisons was pleased issue following

directions on 5th

February 2016:-

56. The sum and substance of the aforesaid discussion is that prisoners,

like all human beings, deserve to be treated with dignity. To give effect to

this, some positive directions need to be issued by this Court and these are

as follows:


Page No 48

The Under Trial Review Committee in every district should meet

every quarter and the first such meeting should take place on or before

31stMarch, 2016. The Secretary of the District Legal Services Committee

should attend each meeting of the Under Trial Review Committee and

follow up the discussions with appropriate steps for the release of under

trial prisoners and convicts who have undergone their sentence or are

entitled to release because of remission granted to them. The Under Trial

Review Committee should specifically look into aspects pertaining to

effective implementation of Section 436 of the Cr.P.C. and Section 436A of

the Cr.P.C. so that under trial prisoners are released at the earliest and

those who cannot furnish bail bonds due to their poverty are not subjected

to incarceration only for that reason. The Under Trial Review Committee

will also look into issue of implementation of the Probation of

Offenders Act, 1958 particularly with regard to first time offenders so

that they have a chance of being restored and rehabilitated in society. The

Member Secretary of the State Legal Services Authority of every State

will ensure, in coordination with the Secretary of the District Legal

Services Committee in every district, that an adequate number of

competent lawyers are empanelled to assist under trial prisoners and

convicts, particularly the poor and indigent, and that legal aid for the poor

does not become poor legal aid. The Secretary of the District Legal

Services Committee will also look into the issue of the release of under

trial prisoners in compoundable offences, the effort being to effectively

explore the possibility of compounding offences rather than requiring a

trial to take place. The Director General of Police/Inspector General of

Police in-charge of prisons should ensure that there is proper and

effective utilization of available funds so that the living conditions of

the prisoners is commensurate with human dignity. This also includes the

issue of their health, hygiene, food, clothing, rehabilitation etc. The

Ministry of Home Affairs will ensure that the Management Information

System is in place at the earliest in all the Central and District Jails as well

as jails for women so that there is better and effective management of the

prison and prisoners. The Ministry of Home Affairs will conduct an

annual review of the implementation of the Model Prison Manual 2016

for which considerable efforts have been made not only by senior officers

of the Ministry of Home Affairs but also persons from civil society. The

Model Prison Manual 2016 should not be reduced to yet another


Page No 49

document that might be reviewed only decades later, if at all. The

annual review will also take into consideration the need, if any, of making

changes therein. The Under Trial Review Committee will also look into the

issues raised in the Model Prison Manual 2016 including regular jail visits

as suggested in the said Manual. We direct accordingly.

57. A word about the Model Prison Manual is necessary. It is a detailed

document consisting of as many as 32 chapters that deal with a variety of

issues including custodial management, medical care, education of

prisoners, vocational training and skill development programmes, legal aid,

welfare of prisoners, after care and rehabilitation, Board of Visitors,

prison computerization and so on and so forth. It is a composite document

that needs to be implemented with due seriousness and dispatch.

58. Taking a cue from the efforts of the Ministry of Home Affairs in

preparing the Model Prison Manual, it appears advisable and necessary

to ensure that a similar manual is prepared in respect of juveniles who are

in custody either in Observation Homes or Special Homes or Places of

Safety in terms of the Juvenile Justice (Care and Protection of Children)

Act, 2015.

59. Accordingly, we issue notice to the Secretary, Ministry of Women

and Child Development, Government of India, returnable on 14th March,

2016.The purpose of issuance of notice to the said Ministry is to require

a manual to be prepared by the said Ministry that will take into

consideration the living conditions and other issues pertaining to

juveniles who are in Observation Homes or Special Homes or Places of

Safety in terms of the Juvenile Justice (Care and Protection of Children)

Act,2015.

60. The remaining issues raised before us particularly those relating to

unnatural deaths in jails, inadequacy of staff and training of staff will be

considered on the next date of hearing.

In Criminal Appeal No. 9-10 of 2016 titled as Prem SagarManocha

Appellant(s) vs. State (NCT of Delhi) Respondent (s) decided on January 6,

2016, the Apex Court had the occasion to deal with the provision contained in

section 340 Cr.P.C with respect to the position of an expert. It was observed by the

Hon’ble court:


Page No 50

Expert evidence needs to be given a closer scrutiny and requires a

different approach while initiating proceedings under Section 340 of

CrPC. After all, it is an opinion given by an expert and a professional and

that too especially when the expert himself has lodged a caveat regarding

his inability to form a definite opinion without the required material. The

duty of an expert is to furnish the court his opinion and the reasons for his

opinion along with all the materials. It is for the court thereafter to see

whether the basis of the opinion is correct and proper and then formits own

conclusion. But, that is not the case in respect of a witness of facts. Facts

are facts and they remain and have to remain as such forever.The witness of

facts does not give his opinion on facts; but presents the facts as such.

However, the expert gives an opinion on what he has tested or on what has

been subjected to any process of scrutiny. The inference drawn thereafter is

still an opinion based on his knowledge. In case, subsequently, he comes

across some authentic material which may suggest a different opinion, he

must address the same, lest he should be branded as intellectually

dishonest. Objective approach and openness to truth actually form the basis

of any expert opinion.

It was further held:-

Hence, merely because an expert has tendered an opinion while also

furnishing the basis of the opinion and that too without being conclusive

and definite, it cannot be said that he has committed perjury so as to help

somebody. And, mere rejection of the expert evidence by itself may not also

warrant initiation of proceedings under Section 340 of CrPC.

In Criminal Appeal No. 1592-1593 of 2015 titled UsmanganiAdambhaiVahora

Appellant vs. State of Gujarat &Anr. Respondents,decided on 08.01.2016,the

Hon’ble Apex Court had the occasion to deal with the sensitive issue pertaining to

transfer of the case from trial court to another trial court on the application of the

accused leveling allegations against the Presiding judge. While deprecating the

practice of recusal from the hearing of the case by the Judge, the Hon’ble Court

was pleased to guide the trial judges as under:-

…Solely because an accused has filed an application for transfer, he is not

required to express his disinclination. He is required under law to do his

duty. He has to perform his duty and not to succumb to the pressure put by


Page No 51

the accused by making callous allegations. He is not expected to show

unnecessary sensitivity to such allegations and recuse himself from the

case. If this can be the foundation to transfer a case, it will bring anarchy

in the adjudicatory process. The unscrupulous litigants will indulge

themselves in court haunting. If they are allowed such room, they do not

have to face the trial before a court in which they do not feel comfortable.

The High Court has gravely erred in this regard. So far as the non-

examination of the witnesses is concerned, as the factual score would

uncertain, the matter had travelled to the High Court in revision

assailing the order passed under Section 319 CrPC. Be that as it may,

the High Court has not adverted to the issue who was seeking

adjournment and what was the role of the learned trial judge. Grant of

adjournment could have been dealt with by the High Court in a different

manner. It has to be borne in mind that a judge who discharges his duty is

bound to commit errors. The same have to be rectified. The accused has

never moved the superior court seeking its intervention for speedy trial. The

High Court has innovated a new kind of approach to transfer the case. The

High Court should have kept in view the principles stated in K.P. Tiwari v.

State of M.P.[6] which are to the following effect:-

―… It has also to be remembered that the lower judicial officers

mostly work under a charged atmosphere and are constantly under

a psychological pressure with all the contestants and their lawyers

almost breathing down their necks—more correctly up to their

nostrils. They do not have the benefit of a detached atmosphere of

the higher courts to think coolly and decide patiently. Every error,

however gross it may look, should not, therefore, be attributed to

improper motive.‖…….

The Hon’ble Apex Court in Criminal Appeal No. 182 of 2016 titled State of M.P Vs.

Udaibhan along with Criminal Appeal No. Criminal Appeal No. 183 of 2016 titled

State of M.P Vs. Hakim Singh &Ors. decided on 1st March 2016 while stressing the

need of imposition of just sentence, was pleased to hold as under:-

--- The law on the principles governing proper sentencing has been

elaborated by this Court in large number of cases. It is the duty of the

Court awarding sentence to ensure justice to both the parties and

therefore undue leniency in awarding sentence needs to be avoided


Page No 52

because it does not have the necessary effect of being a deterrent for the

accused and does not re-assure the society that the offender has been

properly dealt with. It is not a very healthy situation to leave the injured

and complainant side thoroughly dissatisfied with a very lenient

punishment to the accused. In the present case the order of punishment

imposed by the High Court suffers from the vice of being over-lenient

even in absence of any mitigating circumstance--.

In Civil Appeal No. 2308 & 2309 titled Vijay Prakash Jararth vs. Tej Prakash

Jairath decided on 1st March 2016, Hon’ble Apex Court had the occasion to deal

with the question as to at what stage the counter-claim could be filed in a civil suit.

The Hon’ble Court was pleased to observe as under:-

It is quite apparent from the factual position noticed hereinabove, that after

the issues were framed on 18.10.1993, the counter claim was filed by the

appellants before this Court (i.e. by defendant Nos.3 and 4before the trial

court) almost two and a half years after the framing of the issues. Having

given our thoughtful consideration to the provisions relating to the filing of

counter claim, we are satisfied, that there was no justification whatsoever for

the High Court to have declined, the appellant before this Court from filing

his counter claim on 17.06.1996,specially because, it is not a matter of

dispute, that the cause of action, on the basis of which the counter claim was

filed by defendant Nos.3 and 4,accrued before their written statement was

filed on 11.11.1992. In the present case, the respondent-plaintiff's evidence

was still being recordedby the trial court, when the counter-claim was filed. It

has also not been shown to us that any prejudice would be caused to the

respondent-plaintiff before the trial court, if the counter-claim was to be

adjudicated upon, along with the main suit. We are of the view, that no serious

injustice or irreparable loss (as expressed in paragraph 15 of Bollepanda

P.Pooncha'scase), would be suffered by the respondent-plaintiff in this case.

In criminal Appeal No. 462 of 2016 titled Rambraksh @ Jalim appellant versus

State of Chhattisgarh,Respondent decided on 12 May 2016 the question before the

Hon’ble Apex Court arose as to when the conviction could be sustained on the last

seen theory. The Hon’ble Court was pleased to observe as under:-

It is trite law that a conviction cannot be recorded against the accused merely

on the ground that the accused was last seen with the deceased. In other

words, a conviction cannot be based on the only circumstance of last seen

together. Normally, last seen theory comes into play where the time gap,

between the point of time when the accused and the deceased were seen last


Page No 53

alive and when the deceased is found dead, is so small that possibility

of any person other than the accused being the perpetrator of the crime

becomes impossible. To record a conviction, the last seen together itself would

not be sufficient and the prosecution has to complete the chain of

circumstances to bring home the guilt of the accused.

In Civil Appeal No. 3486 OF 2016 titled Narayan appellant versus

Babasaheb&Ors respondents decided on 5th April 2016, the question before

the Hon’ble Apex Court arose as to the period of limitation to file a suit for

setting aside the transfer of immovable property made by the guardian and

consequently, a suit for possession to avoid the transfer by the guardian

in violation of Section 8(2) of the 1956 Act? The Hon’ble Court was pleased to

observe as under:-

26. A close analysis of the language of Article 60 would indicate that it applies

to Suits by a minor who has attained majority and further by his legal

representatives when he dies after attaining majority or from the death of

the minor. The broad spectrum of the nature of the Suit is for setting aside

the transfer of immovable property made by the guardian and consequently, a

Suit for possession by avoiding the transfer by the guardian in violation of

Section 8(2) of the 1956 Act. In essence, it is nothing more than seeking to set

aside the transfer and grant consequential relief of possession.

27. There cannot be any doubt that a Suit by quondam minor to set aside the

alienation of his property by his guardian is governed by Article 60. To impeach

the transfer of immovable property by the Guardian, the minor must file the

Suit within the prescribed period of three years after attaining majority.

28. The Limitation Act neither confers a right nor an obligation to file a Suit, if

no such right exists under the substantive law. It only provides a period of

limitation for filing the Suit.

29. Hence, we are of the considered opinion that a quondam minor

plaintiff challenging the transfer of an immovable property made by his

guardian in contravention of Section 8(1)(2) of the 1956 Act and who seeks

possession of property can file the Suit only within the limitation

prescribed under Article 60 of the Act and Articles 109, 110 or 113 of the Act

are not applicable to the facts of the case.


Page No 54

Quotes by Great men

Injustice anywhere is a threat to justice everywhere.

-Martin Luther King, Jr.

Nothing is to be preferred before justice.

-Socrates

The virtue of justice consists in moderation, as regulated by wisdom.

-Aristotle

There is a higher court than courts of justice and that is the court of conscience. It

supersedes all other courts.

-Mahatma Gandhi

A vow is a purely religious act, which cannot be taken in a fit of passion. It can be

taken only with a mind purified and composed and with God as witness.

-Mahatma Gandhi

Court Room Humor

Lawyer: And where was the location of the accident?

Witness: Approximately junction 23 on the MI.

Lawyer: And where is junction 23?

Witness: Probably between junction 22 & 24.

Lawyer: Are you qualified to give urine sample?

Witness: Yes, I have been since early childhood.


Page No 55

PROPOSED NEW COMPLEX OF JUDICIAL ACADEMY- Progress at a Glance


Page No 56

Indoor

HHIIMMAACCHHAALL PPRRAADDEESSHH- At a Glance

The nature has blessed Shimla, the capital

of the beautiful Hill State, with all the

natural bounties, which one can imagine.

The Town is surrounded by the green

hilltops and snow covered peaks. The

Town has a fascinating airport situated on

the hilltop known as Jubberhatti. The aerial

view of the airport and lush green hills is an

unforgettable experience.


Page No 57

Himachal Pradesh is well known for

its tourist spots. Hatu peak, 8 km away

from Narkanda is a beautiful place.

The road leading to this peak is

surrounded by pine and spruce trees

and the peak offers a fabulous view of

the entire Himalayan ranges, snow

covered mountains, thick forests,

green fields and apple orchards. It

appears that we have arrived above the

sky level keeping the clouds beneath us.

Himachal is known as land of Gods

(Dev Bhumi). Fairs and festivals

are part and parcel of our rich

culture. This small Hill State has

the privilege of hosting various

international fairs and festivals.

Shivrarti fair of Mandi is also a fair

of international acclaim. The

cultural exhibition of the fair attracts everyone and each when several traditional musical

instruments are played in the

processions making everyone

to dance in rhythm.

Paragpur, a small village of

District Kangra, H.P founded

in the 16th century was

declared as the country’s first

heritage village in December

1997, as the locals have kept

its cultural heritage intact.


Page No 58

Many places like shops, streets, water bodies and houses etc. tell about the ancient glory

of the village, which has remained unchanged.

Himachal literally means in the

―lap of the snow‖. The State

dwells in villages and every

village has its own independent

identity. The villagers have

developed adaptability to the

peculiar climatic conditions.

During snowfall, the villages

come under snow covers and it

appears that a beautiful bride has

been decorated in white attire.

The Suketi Fossil Park is famous as Asia’s oldest fossil Park, which is located on the left

bank of Markanda River in

District Sirmaur of H.P.

Fossils and skeletons of pre-

historic animals were

unearthed from this very

location. The Park was built

by the Geological Survey of

India. The other major

attraction is the Museum,

which contains various fossils, models, charts and paintings depicting various aspects of

the plants and animal life of the past and present in Shivalik range.


Page No 59

Shri Rakesh Kainthla

Director

HIMACHAL PRADESH JUDICIAL ACADEMY

Curzon House, Boileauganj, Shimla – 171005 (H.P.)

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

Tel. 0177-2831602, Fax. 0177-2831602

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