IINNDDEEXX
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]- e-News Letter Vol-2, Issue-1, Online
[HIM NEWS]- e-News Letter Vol-2, 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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HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
Page No 3
CCOONNSSTTIITTUUTTIIOONN
PPAATTRROONN OOFF HHIIMMAACCHHAALL PPRRAADDEESSHH JJUUDDIICCIIAALL AACCAADDEEMMYY
HHoonn’’bbllee MMrr.. JJuussttiiccee MMaannssoooorr AAhhmmaadd MMiirr,,
CChhiieeff JJuussttiiccee,, HHiigghh CCoouurrtt ooff HHiimmaacchhaall PPrraaddeesshh
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
Page No 4
PPRREESSIIDDEENNTT OOFF HHIIMMAACCHHAALL PPRRAADDEESSHH JJUUDDIICCIIAALL AACCAADDEEMMYY
HHoonn’’bbllee MMrr.. JJuussttiiccee RRaajjiivv SShhaarrmmaa,,
JJuuddggee,, HHiigghh CCoouurrtt ooff HHiimmaacchhaall PPrraaddeesshh
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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”
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
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 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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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”
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
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 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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
TOPICS DISCUSSED IN THE WORKSHOP:
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
TOPICS DISCUSSED IN THE WORKSHOP:
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
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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 S.S. Thakur, 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.
Hon’ble Mr. Justice A. K. Goel, Judge(Retired), High Court of H.P. addressing the Participants.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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-
Linux-12.04.1 LTS, LibreOffice-Writer &
Internet for Ministerial Staff working in the
Subordinate Courts of Himachal Pradesh.
3
46
Two days Refresher Training Programme in
Ubuntu-Linux Operating System and
LibreOffice - Writer for the Judicial Officers of
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-
Linux-12.04.1 LTS, LibreOffice-Writer &
Internet for Ministerial Staff working in the
Subordinate Courts of Himachal Pradesh.
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
Two days Refresher Training Programme in
Ubuntu-Linux Operating System and
LibreOffice - Writer for the Judicial Officers of
Himachal Pradesh.
2 46
Refresher Course on Service & Execution of
Processes for Naib Nazirs, Civil Nazirs, Bailiffs
& Process Servers working in the Subordinate
Courts of Himachal Pradesh.
2
50
October, 2014 Orientation Training Programme on Ubuntu-
Linux-12.04.1 LTS, LibreOffice-Writer &
Internet for Ministerial Staff working in the
Subordinate Courts of Himachal Pradesh.
4 61
Refresher Course on Service & Execution of
Processes for Naib Nazirs, Civil Nazirs, Bailiffs
& Process Servers working in the Subordinate
2 49
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
Page No 40
Courts of Himachal Pradesh.
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-
Linux-12.04.1 LTS, LibreOffice-Writer &
Internet for Ministerial Staff working in the
Subordinate Courts of Himachal Pradesh.
3
45
Two days Refresher Training Programme in
Ubuntu-Linux Operating System and
LibreOffice - Writer for the Judicial Officers of
Himachal Pradesh.
1 24
December, 2014 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
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
Two days Refresher Training Programme in
Ubuntu-Linux Operating System and
LibreOffice - Writer for the Judicial Officers of
Himachal Pradesh.
1
8
Refresher Course on Service & Execution of
Processes for Naib Nazirs, Civil Nazirs, Bailiffs
& Process Servers working in the Subordinate
Courts of Himachal Pradesh.
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
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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,
District & Sessions Judge (Retired).
Shri B.L. Soni,
District & Sessions Judge (Retired)
Shri J.L. Gupta,
District & Sessions Judge (Retired)
Shri B. S. Chouhan,
District & Sessions Judge (Retired).
Shri A.C. Dogra,
District & Sessions Judge (Retired).
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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
Naib Nazirs, Civil Nazirs, Bailiffs & Process Servers working
in the Subordinate Courts of Himachal Pradesh. 1
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
Three Days Course on Office Administration and
Service Matters for Superintendents, Readers and
Senior Assistants of Subordinate Judiciary of Himachal
Pradesh.
1
Refresher Course on Service & Execution of Processes for
Naib Nazirs, Civil Nazirs, Bailiffs & Process Servers working
in the Subordinate Courts of Himachal 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
Naib Nazirs, Civil Nazirs, Bailiffs & Process Servers working
in the Subordinate Courts of Himachal Pradesh. 1
Three Days Course on Office Administration and
Service Matters for Superintendents, Readers and
Senior Assistants of Subordinate Judiciary of Himachal
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
Three Days Course on Office Administration and
Service Matters for Superintendents, Readers and
Senior Assistants of Subordinate Judiciary of Himachal
Pradesh.
1
Refresher Course on Service & Execution of Processes for
Naib Nazirs, Civil Nazirs, Bailiffs & Process Servers working 1
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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
Three Days Course on Office Administration and
Service Matters for Superintendents, Readers and
Senior Assistants of Subordinate Judiciary of Himachal
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
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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.
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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]
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
Page No 51
SOME OF THE COURT BUILDINGS IN HIMACHAL PRADESH
DISTRICT COURT COMPLEX, UNA
DDIISSTTRRIICCTT CCOOUURRTT CCOOMMPPLLEEXX,, BBIILLAASSPPUURR
SSUUBB--DDIIVVIISSIIOONNAALL JJUUDDIICCIIAALL CCOOMMPPLLEEXX-- GGHHUUMMAARRWWIINN
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
Page No 52
PROPOSED NEW COMPLEX OF JUDICIAL ACADEMY – Progress at a Glance
HIM NEWS, VOLUME 3. ISSUE 2. JANUARY, 2015
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