Ereport201819 PDF

TAMIL NADU STATE JUDICIAL ACADEMY
ANNUAL REPORT
2018-2019
INDEX
Part Page No.

I Abstract of Programmes held during the year 2018-2019 4
Programme Description Place/Venue
II National Conference on Economic Offences: Emerging Dynamics 11

RCC*
and Dimensions
III South Zone-II Regional Conference on Enhancing Excellence of the 19

HQ*
Judicial Institutions: Challenges and Opportunities
IV Programmes for In-Service Judicial Officers
Refresher Courses
i District Judges HQ, RCC, RCM* 22

1
ii Senior Civil Judges HQ, RCC, RCM 35
iii Civil Judges HQ, RCC, RCM 46
2 Intensive Training Programme HQ 60
3 Further Intensive Training Programme HQ 61
V Special Programmes
Colloquium on Judicial District Administration: Issues and
1 Challenges HQ 61
One-day Special Evaluation Programme on Judgment

2 HQ 64
Writing and other Skills for Civil Judges of 2015, Batch
3 Workshop on Prevention of Money Laundering Act HQ 65
One-day Orientation Programme on Adoption, Guardianship
4 and Juvenile Justice HQ 67
Special Training Programme on Recent Trends in Cheque

5 RCC 69
Bouncing Cases
Training Programmes on Cyber Law, Cybercrimes,
District’s
6 Electronic Evidence, and Other Aspects of Information 70
Headquarters
Technology
7 Sensitisation Programme on Juvenile Justice Law RCM 71
8 Workshop on Anti-Corruption Law: Practice and Procedure RCM 72
Seminar on Emerging Trends in Cyber Law and Artificial

9 HQ 73
Intelligence: Impact on Investigation and Adjudication
Workshop on Cases Under Railway Property (Unlawful

10 HQ 74
Possession) Act and Railways Act
Workshop on Laws Relating to Children: Changing
11 Perspectives for Presiding Officers Dealing with Children RCC 75
Cases
12 Seminar on Labour Law: Problems and Perspectives HQ 77
13 Special Training Programme on Motor Accident Claim Cases RCC 78
2
14 Judicial Colloquium on Anti-Human Trafficking HQ 79
Seminar on Forest Laws: Need for Stringent Enforcement

15 and Application for Presiding Officers Dealing with Forest RCC 82
Cases
State Consultation on Family Laws
16 RCM 83
One-day Special Evaluation Programme on Judgment
17 Writing and other Skills for Civil Judges of 2012, Batch RCC 85
Workshop on Special Procedure relating to NDPS Cases

18 86
Exchange Programme: Visit of Trainee Civil Judges Junior 87
VI Chennai
Division/Judicial Magistrates First Class from Maharashtra
Training Programme on Information and Communication
VII RCC, RCM 89
Technology Systems
RCC, RCM,
VIII Training Programmes for Public Prosecutors Districts’ 90
Headquarters
Districts’ 93
IX Training Programmes for Advocates
Headquarters
Training Programmes for Staff Members
X Chennai and
1 Staff Members of the High Court of Madras 95
Madurai
Districts’
2 Staff Members of the District Judiciary 96
Headquarters
XI Other Activities 103
XII Acknowledgement 104
XIII Way Forward 105
* HQ: TNSJA Headquarters, Chennai; RCC: TNSJA Regional Centre, Coimbatore; and RCM: TNSJA
Regional Centre, Madurai
3
PART-I
ABSTRACT OF PROGRAMMES HELD DURING THE YEAR 2018-2019

(in chronological order)
Sl. Place/ No. of

Scheduled Programmes Period
No. Venue Participants
09.06.2018
Refresher Training Course-I for Civil Judges
1 RCC* and 54
(Batch-I)
10.06.2018
09.06.2018
2 RCM* and 54
(Batch-I)
10.06.2018
Colloquium on Judicial District

3 HQ* 10.06.2018 94
Administration: Issues and Challenges
Refresher Training Programme on Ubuntu

Operating System and Case Information Districts'
4 23.06.2018 120
Software for Staff Members of all cadres HQ
(Batch-I)
23.06.2018
5 HQ and 60
(Batch-I)
24.06.2018
23.06.2018
Refresher Training Course-I for District
6 RCC and 39
Judges
24.06.2018
23.06.2018
Refresher Training Course-I for Senior Civil
7 RCM and 74
Judges
24.06.2018
23.06.2018
Training Programme for Personal Assistants
8 Chennai and 32
to the Hon'ble Judges
28.06.2018
Refresher Training Programme on Ubuntu

Operating System and Case Information
9 Districts' 150
Software for Staff Members of all cadres 30.06.2018
HQ
(Batch-II)
Special Evaluation Programme on Judgment

10 HQ 30.06.2018 79
Writing and other Skills (Batch-I)
Special Evaluation Programme on Judgment

11 HQ 01.07.2018 77
Writing and other Skills (Batch-II)
Workshop on Prevention of Money

12 HQ 08.07.2018 75
Laundering Act
Refresher Training Programmes for Junior Districts'

13 08.07.2018 1,637
Assistants HQ
4
Sl. Place/ No. of
Training Programme for High Court Staff

14 Members in the cadres of Section Officer / Chennai 21.07.2018 100
Court Officer / Appeal Examiner (Batch-I)

15 Members in the cadres of Section Officer / Madurai 21.07.2018 44
Court Officer / Appeal Examiner (Batch-I)
21.07.2018
16 HQ and 47
Judges (Batch-I)
22.07.2018
21.07.2018
17 RCC and 55
Judges
22.07.2018
21.07.2018
18 RCM and 46
Judges
22.07.2018
28.07.2018
19 HQ and 61
Judges (Batch-I)
29.07.2018
28.07.2018
20 RCC and 54
(Batch-II)
29.07.2018
28.07.2018
21 RCM and 54
(Batch-II)
29.07.2018
One-day Orientation Programme on

22 Adoption, Guardianship and Juvenile HQ 05.08.2018 52
Justice
Refresher Training Programme for Court

23 RCM 05.08.2018 32
Managers (Phase-I)
Ministerial Staff Training Programme for

Districts'
24 Typists in copy section, Readers, Examiners, 11.08.2018 1,422
HQ *
Superintendents in copy section
Special Training Programme for Public

25 12.08.2018 84
Prosecutors (Regular cadre)

26 RCM 12.08.2018 54
(Batch-III)
Training Programmes on Cyber Law, 13.08.2018

Districts'
27 Cybercrimes, Electronic Evidence, and other and 34
HQ
aspects of Information Technology 01.10.2018
5
Sl. Place/ No. of
Special Training Programme on Recent

28 RCC 18.08.2018 37
Trends in Cheque Bouncing Cases

29 RCM 18.08.2018 116
18.08.2018
30 HQ and 60
Judges (Batch-II)
19.08.2018
Sensitisation Programme on Juvenile

31 RCM 19.08.2018 34
Justice Law
Workshop on Anti-corruption Law: Practice

32 RCM 25.08.2018 57
and Procedure
25.08.2018
Refresher Training Course-II for Civil Judges
33 RCC and 51
(Batch-I)
26.08.2018

34 Members in the cadres of Assistant Section Chennai 15.09.2018 100
Officer / Assistant (Batch-I)

35 Members in the cadres of Assistant Section Madurai 15.09.2018 80
Officer / Assistant (Batch-I)

Districts'
36 Typists (other than those in copy section), 15.09.2018 2,158
HQ
Stenographers and Executive Assistants
15.09.2018
37 HQ and 51
Judges (Batch-II)
16.09.2018
15.09.2018
Refresher Training Course-II for District
38 RCC and 39
Judges
16.09.2018
15.09.2018
39 RCM and 56
(Batch-I)
16.09.2018
29.09.2018
40 RCC and 56
(Batch-II)
30.09.2018
29.09.2018
41 RCM and 54
(Batch-II)
30.09.2018
Exchange Programme: Visit of Trainee Civil 24.09.2018

42 HQ 40
Judges Junior Division/Judicial Magistrate to
6
Sl. Place/ No. of
First Class (Deputed by Maharashtra 27.09.2018

Judicial Academy)

43 HQ 29.09.2018 144
Training Programme for advocates with upto Districts'

44 29.09.2018 1370
5 years practice HQ
Seminar on Emerging Trends in Cyber Law

45 and Artificial Intelligence: Impact on HQ 30.09.2018 75
Investigation and Adjudication
Training Programme for advocates with Districts'

46 30.09.2018
above 5 years and upto 10 years of practice HQ
Training Programmes on Cyber Law,

Cybercrimes, Electronic Evidence, and other 03.10.2018
Districts'
47 aspects of Information Technology for the to
HQ
districts of Dindigul, Theni, Coimbatore and 06.10.2018
Tiruppur

Districts'
48 Junior Bailiffs, Senior Bailiffs, Deputy 07.10.2018 2,920
HQ *
Nazirs and Central Nazir
Workshop on Cases under RP(UP) Act and

49 HQ 27.10.2018 70
Railways Act
27.10.2018
Refresher Training Course-II for Senior Civil
50 RCC and 54
Judges
28.10.2018
27.10.2018
Refresher Training Course-II for District
51 RCM and 48
Judges
28.10.2018

52 Members in the cadres of Private Secretary Chennai 27.10.2018 100
Personal Assistant

53 Members in the cadres of Private Secretary Madurai 27.10.2018 63
Personal Assistant
24.10.2018
In-service Training Programme for Public
54 RCM to 322
Prosecutors (Batch-I)
27.10.2018
10.11.2018
55 HQ and 60
Judges (Batch-I)
11.11.2018
7
Sl. Place/ No. of
10.11.2018
Workshop on Laws relating to Children:
56 RCC and 49
Changing Perspectives
11.11.2018
10.11.2018
57 RCM and 76
Judges
11.11.2018
Ministerial Staff Training Programme for Districts'

58 10.11.2018 42
Record Clerks and Record Keepers HQ
14.11.2018
In-service Training Programme for Public
59 RCM to
Prosecutors (Batch-II)
17.11.2018
Seminar on Labour Law: Problems and

60 HQ 17.11.2018 53
Perspectives
17.11.2018
61 RCM and 51
(Batch-III)
18.11.2018
Special Training Programme on Motor

62 RCC 18.11.2018 51
Accident Claim Cases
Judicial Colloquium on Anti-Human

63 HQ 24.11.2018 109
Trafficking
Seminar on Forest Laws: Need for Stringent

64 RCC 24.11.2018 44
Enforcement and Application
65 Consultation on Family Court Matters RCM 24.11.2018 63
State-level Consultation on Effective

Implementation of Juvenile Justice Act,
66 HQ 25.11.2018 60
2015 and Linkages with the POCSO Act,
2012
15.12.2018
67 HQ and 47
(Batch-I)
16.12.2018
15.12.2018
Refresher Training Course-III for Civil
68 RCC and 54
Judges (Batch-I)
16.12.2018

69 Members in the cadres of Section Officer / Chennai 15.12.2018 100
Court Officer / Appeal Examiner (Batch-II)

70 Members in the cadres of Section Officer / Madurai 15.12.2018 42
Court Officer / Appeal Examiner (Batch-II)
8
Sl. Place/ No. of

Districts'
71 Assistants / Bench Clerks – Grades I, II and 15.12.2018 2,174
HQ
III, and Translators
In-service Training Programme for Public 17.01.2019
72 Prosecutors (Batch-IV) and Police Officers RCM to 95
(Batch-II) 20.01.2019
South Zone-II Regional Conference on 19.01.2019
73 Enhancing Excellence of the Judicial HQ and 120
Institutions: Challenges and Opportunities 20.01.2019
Refresher Training Programme on Computer
74 HQ 27.01.2019 155
Operation and System Administration
75 RCC 27.01.2019 121
76 RCM 27.01.2019 166
16.02.2019
National Conference on Economic Offences:
77 RCC and 156
Emerging Dynamics and Dimensions
17.02.2019
78 Prosecutors (Batch-V) and Police Officers RCM to 106
(Batch-III) 23.02.2019
79 Members in the cadres of Assistant Section Chennai 23.02.2019 100
Officer / Assistant (Batch-II)
80 Members in the cadres of Assistant Section Madurai 23.02.2019 101
Officer / Assistant (Batch-II)
One-day Training Programme for advocates Districts'
81 23.02.2019
with upto 5 years practice HQ
23.02.2019
82 HQ and 67
(Batch-II)
24.02.2019
23.02.2019
Refresher Training Course-III for District
83 RCM and 47
Judges
24.02.2019
Refresher Training Programme for Court
84 RCC 24.02.2019 32
Managers (Phase-II)
One-day Training Programme for advocates
Districts'
85 with above 5 years and upto 10 years of 24.02.2019
HQ
practice,
86 Prosecutors (Batch-VI) and Police Officers RCM to 115
(Batch-IV) 09.03.2019
9
Sl. Place/ No. of
Workshop on Special Procedure relating to
87 RCC 16.03.2019 64
NDPS cases
16.03.2019
88 HQ and 61
Judges (Batch-II)
17.03.2019
Refresher Training Programme on Court and
89 RCC 17.03.2019 105
Office Administration
Refresher Training Programme on Court and
90 RCM 17.03.2019 108
Office Administration
91 Prosecutors (Batch-VII) and Police Officers RCM to 123
(Batch-V) 23.03.2019
23.03.2019
Refresher Training Course-III for Senior Civil
92 RCC and 39
Judges
24.03.2019
23.03.2019
Refresher Training Course-III for Civil Judges
93 RCM and 67
(Batch-III)
24.03.2019
Special Evaluation Programme on Judgment-
94 writing Skills for Civil Judges recruited in the HQ 30.03.2019 89
year 2012 (Batch-I)
Special Evaluation Programme on Judgment-
95 writing Skills for Civil Judges recruited in the HQ 31.03.2019 90
year 2012 (Batch-II)
30.03.2019
Refresher Training Course-III for Senior Civil
96 RCM and 74
Judges
31.03.2019
* HQ: TNSJA Headquarters, Chennai; RCC: TNSJA Regional Centre, Coimbatore; and RCM:
TNSJA Regional Centre, Madurai
10
PART-II
NATIONAL CONFERENCE ON ECONOMIC OFFENCES: EMERGING

DYNAMICS AND DIMENSIONS
A two-day National Conference on Economic Offences: Emerging

Dynamics and Dimensions, was held on 16th and 17th February 2019,
at TNSJA Regional Centre, Coimbatore. Hon’ble High court Judges,
Directors of State Judicial Academies and District Judges in all, 164,
from across the country, participated in the Conference. The
Conference was spilt into six working sessions on various topics vis-à-
vis economic offences, besides the inaugural and valedictory sessions.
INAUGURAL SESSION
Hon’ble Mr. Justice S. Manikumar, President, Board of

Governors, Tamil Nadu State Judicial Academy, delivered welcome
address, giving the statistics of the economic crimes for the past few
years, and enumerating the steps taken by TNSJA from
conceptualization till completion of making arrangements in
organizing the programme, and said that the best of the resource
persons in the domain of economic offences, as available in the
country, have been roped in, for better discussion and deliberations.
Special Address was given by Mr. P.H. Aravind Pandian,

Additional Advocate General, Tamil Nadu. He said that in other
countries, the judges, who are trying economic offences, are experts in
the field and thus, there is a need for specialised, qualified judges and
prosecution counsel for prosecuting this kind of offences. He also
explained the important role of the courts dealing with economic
offences.
Hon’ble Dr. Justice Vineeth Kothari, Judge, High Court of

Madras, offered keynote address, posing a question whether the
judicial system in India is equipped and manned by competent and
11
well-trained judges at all levels to face challenges or the old
time-tested wisdom and knowledge of IPC, Cr.P.C. and the
Constitution, are good enough to deal with new types of cases, and
emphasised that the need of the hour is that the presiding officers of
Subordinate Judiciary, who man the courts of first instance and deal
with this kind of cases, have to be trained and equipped in a much
targeted manner.
Delivering presidential address, Hon’ble Mrs. Justice Vijaya

Kamlesh Tahilramani, Chief Justice, High Court of Madras, and
Patron-in-Chief, Tamil Nadu State Judicial Academy, highlighted the
activities of Tamil Nadu State Judicial Academy since its inception
from the year 2001, and focused on the various dimensions of
economic crimes, while underlining the need for keeping abreast of the
developments of the law in this domain. Her ladyship quoted the
Chinese proverb, “Tell me and I forget; Show me and I remember;
involve me and I understand”.
Inaugurating the Conference, Hon’ble Ms. Justice Indira

Banerjee, Judge, Supreme Court of India, pointed out that the
economic offences not only affect the individuals, but also the
economy of the country and the integrity of the nation, and said that
in the recent times, the law on economic offences has transformed in
such a manner that it prompted introduction of amendments to the
existing statutes and enactments of new law.
Hon’ble Mr. Justice T.S. Sivagnanam, Judge, High Court of

Madras/Member, Board of Governors, Tamil Nadu State Judicial
Academy, proposed vote of thanks and called upon the delegates of the
conference to utilize the opportunity to enrich their knowledge in the
matter of economic offences.
12
Session – I
OVERVIEW OF THE CHANGING DETERMINATS IN TRIAL OF

ECONOMIC OFFENCES
The Speaker Hon’ble Mr. Justice Seetharama Murti, Judge,
High Court of Andhra Pradesh, emphasised the fact that the Economic
offences are not defined anywhere in the Act and insisted on the point
that the LGP (Liberalization, Globalization, Privatization) and advent of
new electronic gadgets and technologies paved the way for sheer
increase in economic offences.
The next speaker, Hon’ble Mr. Justice Prakash Deu Naik,

Judge, High Court of Bombay, said that the traditional mode of
recording evidence needs change. In the light of the amendment to
Section-65B the of Evidence Act, in Rajesh Rangan Rao Vs. CBI, it was
held that balance has to be struck between right to liberty and interest
of society. In Anwar case, it was held that in order to avoid
manipulation of secondary evidence, certificate is required under
Section–65B of the Evidence Act. But, when the calls are intercepted
by enforcement, it could not be made admissible, since calls to
accused to co-accused may not have certificate under Section–65B of
the Evidence Act. In respect trials relating to economic offences, His
Lordship expressed his concern that even if there is a special wing for
Investigation of economic offences, if the investigation is not proper,
courts cannot convict the accused.
At the end of the session, the Chair Person, Hon’ble Ms.

Justice Indira Banerjee, Judge, Supreme Court of India, raised A
query that “As a trial judge, what do we do when electronic evidence is
tampered?”; judges expressed their views and opinion on the query
and in conclusion it was answered that the trial court judge can get
expert opinion u/s 45 of the Evidence Act. Her Lordship also
questioned “whether a court can regulate the witnesses whose
evidence is monotonous?” Hon’ble Mr. Justice Joymalya Bagchi,
13
Judge, High Court of Calcutta, has quoted Section 134 Cr.P.C. that
quality of evidence is more important than quantity and the court can
persuade the prosecutors to drop the witnesses.
Session – II
DIGITAL EVIDENCE: PRODUTION AND APPRECIATION
Hon’ble Mr. Justice K.N.Phaneendra, Judge, High Court of

Karnataka, expressed his concern over preserving and producing
electronic evidence by local investigators, Mr. Krishna Sastry
Pendyala, Director OF Digital Forensic, PwC, India, has shed some
light on gadgets and electronic data, which we come across in
day-to-day affairs and how it can be hacked or tampered by criminals.
He shared the various forms of hacking and stalking by the internet
and gadgets we use, where we might not even know that we are
hacked or stalked. The facts that were shared were interesting and
intimidating and he also expressed his concern over about proving the
evidence in court of law, and in conclusion, he suggested that the
Government insist upon the applications (Apps) to create Data
Localization for privacy and jurisdiction issues.
The 2nd speaker Mr. Harold D’costa, CEO and Principal

Consultant, Cyber Security, Intelligent Quotient Security System,
elucidated as to how to identify the genuineness of electronic evidence
and gave information regarding the storage of electronic evidence,
especially in social media platforms. He also expressed his concern
over the challenges that the investigating agencies face to support the
prosecution in convicting the criminals.
14
Session – III
AN INSIGHT INTO THE FUGITIVE ECONOMIC OFFENDERS

ACT,2018
The Chairperson Hon’ble Mr. Justice Joymalya Bagchi, Judge,

High Court of Calcutta, broadly explained the scope and objectives of
the Fugitive Economic Offenders Act. His Lordship said that the
growth of financial fraud, which is coined by the Supreme Court as
economic genocide, put the country’s economy into serious threat. He
added that jus cogens principle was formed internationally only for
war crimes and not for frauds, such as swindling the banks. In
conclusion, His Lordship wished every state in the world to form as
International Legal Family, to combat the act of extradition.
The first speaker, Hon’ble Mr. Justice P.Sam Koshy, Judge,

High Court of Chhattisgarh, highlighted the provisions of the Act and
the enactment part in general, and Mr. Vivek Narayan Sharma,
Advocate, Supreme Court of India, shared his thoughts on various
view points and procedural lapses in the Act.
Session – IV
AMENDMENTS OF PREVENTION OF CORRUPTION ACT, 1988:

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

High Court of Madras, explained the major changes made in
Prevention of Corruption Amendment Act, 2018 and detailed about the
evolution of the Act. The amendment includes public servants who
are not in office at the time of prosecution. His Lordship expressed his
concern over the omission of words “agreed to take money” in a
provision of the Act, by which the accused could take advantage
during the trial. A debate a as to how far the new provisions as
amended, are better than those which were in the Act before
amendment.
15
Mr. M.L. Sharma, Former Special Director, Central Bureau of
Investigation, explained the positive and negative dimensions of the
amendment where neither “enquiry nor inquiry” cannot be conducted
without permission from the Central Government under Section 17A
of the Act. He also elucidated the nuances of Section 7 where “undue
advantage or favours” are removed in the new amendment. Mr. Vinod
Kumar, Director, Central Vigilance Commission, stated that the new
amendment was extracted from UK Bribery Act and he quoted few
cases such as Vineeth Narayan case and Justice Ganguly’s judgment
and in conclusion, the provisions of new amendment act were
analyzed elaborately.
Session – V
THE PREVENTION OF MONEY LAUNDERING ACT,2002: EVOLVING
RECENT TRENDS
The chairperson of Session-V Hon’ble Mr. Justice P.N.
Prakash, High Court of Madras, kickstarted the session with an
extensive explanation about Money Laundering and history of
Enactment of Money Laundering Act. He brushed up the thoughts by
taking the participants through the important provisions of the
Prevention of Corruption Act, and the Money Laundering Act. Mr.
Karnal Singh, Former Director, Directorate of Enforcement,
extensively touched upon many cases of Money Laundering Act and
analysed the amendments made in the Act. He also illustrated the
impact of national economy by the offence of money laundering create.
Mr. Anand Grover, Senior Advocate, Supreme Court of India,
critically analyzed the Act and put forth questions to be debated and
interpreted both by legislative and judiciary. He also compared the
procedures in Cr.P.C. and Evidence Act with the new laws such as
PMLA and NDPS Act.
The chairperson in his concluding remarks said that the
pragmatic need be approach taken by judiciary, since conundrums
16
emerge as cases of scheduled offences are trial in Magistrate Courts
and PMLA cases in special courts.
Session – VI
FEMA (FOREIGN EXCHANGE MANAGEMENT ACT, 1999) AND

FCRA (FOREIGN CONTRIBUTION (REGULATION) ACT, 2010
The Chairperson Hon’ble Mr. Justice Devan Ramachandran,

Judge, High Court of Kerala, initiated the session with developments
of FOREX (Foreign Exchange Markets) and evolution of enactments
regulating it, such as FERA (Foreign Exchange Regulation Act, 1947 &
1973) and its transition into FEMA (Foreign Exchange Management
Act, 1999) and the overview of FCRA (Foreign Contribution
(Regulation) Act ,2010
The first speaker Mr. Sudhinder, Advocate, New Delhi, said the
special feature of the Act is that, it has extra- jurisdictional
application. He explained the definitions of “current account
transactions”, “capital account transactions” and “person resident in
India”. He shared his personal experience in conducting a case, in
which the question was whether “BCCI” is a person under this act or
not? The Bombay High Court held that BCCI would be considered as
“person” as it is an inclusive definition under the provision of FEMA.
He then briefed about the other provisions of FEMA,1998, in general.
The second speaker Mr. Somashekar Sundaresan, Advocate,

Mumbai, differentiated between FERA and FEMA where FERA has
criminal pinch over it and FEMA is a civil law completely. But in 2015,
after the amendment of FEMA, Section 13 was removed and Section
18 and 19 were inserted which painted the criminality into FEMA also.
He also expatiated upon LRS (Liberalized Remittance Scheme), and
how much an individual should remit under the scheme. He
illustrated that the FEMA has many provisions which are relating that
in with other regulation, Acts, such as Banking Regulation Act, RBI,
17
SEBI, etc. He also touched upon the points of regulation of foreign
investments into India and concluded by saying that the laws are to be
reviewed time to time for the development of the country.
Valedictory Session:
Valedictory address was delivered by Hon’ble Mr. Justice T.S.

Sivagnanam, Judge, High Court of Madras/Member, Board of
Governors, Tamil Nadu State Judicial Academy. In the valedictory
note, he recapitulated the discussions made by the resource persons
and the chairpersons. Vote of thanks was delivered by Hon’ble Mr.
Justice M. Sundar, Judge, High Court of Madras/Member, Board of
Governors, Tamil Nadu State Judicial Academy.
18
PART - III
SOUTH ZONE-II REGIONAL CONFERENCE ON ENHANCING

EXCELLENCE OF THE JUDICIAL INSTITUTIONS: CHALLENGES
AND OPPORTUNITIES
In collaboration with the National Judicial Academy and the

High Court of Madras, a two-day South Zone Regional Conference on
Enhancing the Excellence of Judicial Institutions: Challenges and
Opportunities, was held on 19th and 20th January, 2019, at TNSJA
Headquarters, Chennai. 17 High Court Judges and 87 judicial officers
in the cadres of Senior Civil Judge and Civil Judge, from the southern
states, and in all 104, participated.
Five sessions on the following topics were held: (1) Constitutional

Vision of Justice; (2) High Court and District Judiciary: Building
Synergies; (3) Revisiting Norms for Appellate Review: Consequence of
Frequent and Excessive Appellate Interference; (4) Access to Justice:
Information and Communication Technology in Courts; and (5) Access
to Justice: Court and Case Management.
Hon’ble Ms. Justice Indira Banerjee, Judge, Supreme Court of

India; Hon’ble Mr.Justice Hrishikesh Roy, Chief Justice, High Court
of Kerala; Hon’ble Mr. Justice Sunil Ambwani, Former Judge, High
Court of Rajasthan; Hon'ble Dr. Justice Vineet Kothari, Judge, High
Court of Madras; Hon’ble Mr. Justice S. Manikumar, Judge, High
Court of Madras/President, Tamil Nadu State Judicial Academy;
Hon’ble Mr. Justice T.S.Sivagnanam, High Court of
Madras/Member, Board of Governors, Tamil Nadu State Judicial
Academy; Hon’ble Mr.Justice P.N.Prakash, Judge, High Court of
Madras; Hon’ble Mr. Justice M.Sundar, Judge, High Court of
Madras/Member, Tamil Nadu State Judicial Academy; Hon’ble Dr.
Justice Anita Sumanth, Judge, High Court of Madras; Hon'ble
Mr.Justice G. Raghuram, Director, National Judicial Academy; and
19
Mr. R. Venkatramani, Senior Advocate, Supreme Court of India,
spoke on the occasion.
On each of the above topics, valuable and profound insights were

made. The important points of lecture delivered by the resource
persons and the deliberations taken place are summarised below.
On the constitutional vision of justice, it was stressed that an inter-

disciplinary approach as mandated in the preamble of the
Constitution of India need to be adopted for adjudicating matters, and
the vision of the Constitution is an amalgam of equality, fraternity,
liberty and justice. Justice runs into every aspect of life, and every
Constitution throws a challenge of reading and understanding in a
manner as in consonance with the object and reasons.
Every limb of the Indian judiciary, be it higher judiciary or district

judiciary, has the power and duty to enforce public law and the
constitutional right of the citizens, bearing in mind the vision of
justice, principles and values, as envisaged in the Constitution and
the courts need to play pro-active role in interpreting the provisions of
law while applying the same in the facts and circumstances of each
case.
The touchstone of the Conference is building synergies between the

higher judiciary and the district judiciary for a better justice
administration system in the country, and once we make progress in
this direction, there will not be any doubt that the judges presiding
over the courts at different levels all over the country, will witness
further improvement, qualitatively and quantitatively, both in
dispensation of justice and administration of courts and cases by
providing greater and meaningful access to the litigating public.
The appellate courts must be cautious in interfering with the

findings given by the trial or original courts. It was also stressed to
have a re-look at Section 96 of C.P.C.
20
On access to justice, it was pointed out that in any society, as it
emerges from conflicts, a large number of people do not have access to
justice and that strengthening access involves engaging the judicial
manpower by way of better court and case management and
augmentation of resources concerning with information and
communication technology, so that the reach could be enhanced and
effectiveness improved. Further, greater infrastructure facilities at the
district-level courts must be taken up in fast pace, so as to make the
courts litigant-friendly, as the resultant effect of the judicial process
will be the instant knowledge of the decision of the cases.
21
PART – IV
REFRESHER TRAINING COURSES
1) DISTRICT JUDGES
The Refresher Training Courses for District Judges were held at

the Headquarters at Chennai and the Regional Centres at
Coimbatore and Madurai, and the details are given in the following
table:-
Date(s) of Number of
Sl.No. Place
Training Participants
21.07.2018 and 47
22.07.2018
1 Headquarters, Chennai
15.09.2018 and 51
16.09.2018
23.06.2018 and 39
24.06.2018
2 Regional Centre, Coimbatore
15.09.2018 and 39
16.09.2018
21.07.2018 and 46
22.07.2018
27.10.2018 and 48
3 Regional Centre, Madurai
28.10.2018
23.02.2019 and 47
24.02.2019
TOPICS AND RESOURCE PERSONS
(a) Headquarters, Chennai
A session on Disciplinary Proceedings was chaired by Hon'ble

Mr. Justice T.S.Sivagnanam, and co-chaired by Hon'ble Mr. Justice
C.V. Karthikeyan, Judges, High Court of Madras/Members, Board of
Governors, TNSJA, and their Lordships stressed the importance of
knowing threadbare the practice and procedure in conducting and
completing disciplinary proceedings in time.
Hon'ble Mr. Justice P.N.Prakash, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, giving the scope and
22
object of the programme, prevailed upon the judicial officers to read
the legal provisions, again and again, so that they could interpret the
same in a manner better and proper, and in consonance with the
objects and reasons of the enactments.
Hon’ble Mr. Justice M. Sundar, Judge, High Court of
Madras/Member, Board of Governors, TNSJA, speaking about the
Commercial Courts Act, 2015, with specific reference to trade mark
suits, referred to the amendments made in C.P.C. with regard to the
commercial disputes and said that the substantive law is left
untouched. His Lordship touched upon the important provisions as
envisaged under the Act and said that in trade mark suits, the law
does not allow side-by-side comparison and what is more important is
the difference or similarity as could be found by a man of average
intelligence, imperfect recollection and ordinary prudence. His
Lordship also spoke about the difference between infringement and
passing off in the light of Section 27 of the Trade Marks Act.
Hon'ble Mr. Justice C.V.Karthikeyan, Judge, High Court of
Madras/Member, Board of Governors, TNSJA, said that burden of
proof never shifts, but onus of proof does so and on this aspect,
referred to the judgment of the Supreme Court in A.Raghavamma vs.
A.Chenchamma which was delivered as early as 1964. His Lordship
explained the variance between pleadings and evidence and said that
no evidence can be let in without pleadings.
Speaking on the scope and object of the programme, Hon’ble
Mr. Justice N.Sathish Kumar, Judge, High Court of
Madras/Member, Board of Governors, TNSJA, laid an emphasis that
learning is a continuous process, as day-to-day, new and new
interpretation of legal provisions is emerging and that it will be
difficult to the judicial officers if they do not keep track of the
developments of law, which is dynamic in nature.
23
Dr. V. Kamakoti, Professor, Indian Institute of Technology
Madras, delivering a lecture on Emerging Trends in Cyber Crimes,
dwelt, in greater length, on numerous aspects relating to crimes, being
committed by the perpetrators in cyberspace. He pointed out that
cracking such crimes is a difficult task for the technical personnel,
even as new and new systems and methodologies in unraveling the
crimes, which are committed across the borders, are evolving from
time to time.
Mr. G.S. Madhusudan, Senior Programme Adviser, Indian

Institute of Technology Madras, spoke about machine learning and
artificial intelligence, which are ruling every organisation and
institution all over the world. He explained about the legal
perspectives relating to such systems and the impact it will create on
the judicial work in the years to come. The resource person also
explained, in detail, the use of artificial intelligence, which is a vertical
search system, in legal systems, particularly regarding case law
citation, sentencing determination and testimony analysis.
The relevant provisions of law with the aid of judgments of

higher courts of the country, relating to appreciation of evidence in
civil appeals were dealt with by Mr. N.Manokaran, Advocate, High
Court of Madras, who called upon the judicial officers to go through
the authorities, which will enable them to analyse the cases in right
perspective.
An overview of Prevention of Money Laundering Act, was taken

by Mr. K.Uday Bhaskar, Regional Special Director, Enforcement
Directorate, Chennai, who spoke about the various legal provisions of
the statute and also the important cases which the Enforcement
Directorate investigated. He also explained about the impact, the
offences of money laundering create, on the economy of the country.
24
Mr. K. Sukumaran, Advocate, Kumbakonam, took two sessions,
viz. (1) Arrest, Confession and Recovery, and (2) Appreciation of
Evidence in Criminal Appeals. During the course of the lecture, he
dealt with various types of confession and also the procedure to be
adopted by the investigating agency, when arrest is effected. He also
dealt with discovery of fact in the light of the relevant provision under
the Evidence Act. He further pointed out the important questions of
law and of fact to be taken into account while appreciating evidence in
deciding criminal appeals.
An overview of Narcotic Drugs and Psychotropic Substances Act

was taken by Mr. N.P. Kumar, Advocate, High Court of Madras. He
touched upon the salient features of the statute, in particular those
dealing with bail provisions and sentencing principles, as enunciated
by the higher courts of the country.
Mrs. Sarah Angeline James, Legal Officer, International Justice

Mission, handled a session on Bonded Labour and during the session,
she spoke about the ills plaguing the system and the crusade being
waged for abolition of the bonded labour system in our country, even
though the statute abolishing bonded labour came into existence as
early as 1976. She also explained the efforts being taken by the
organisations involved in rescuing and rehabilitating the bonded
labourers who are in the tangle of the perpetrators of such crimes.
An overview of Prevention of Corruption Act was taken by
Mr. K.Srinivasan, Special Public Prosecutor (CBI cases), and he
touched upon the issues of sanction under Section 19 of the Act and
the requirements under Section 197 Cr.P.C. and he referred to the
various decisions of the higher courts of the country. He also said that
the special judge presiding over the court trying corruption cases, acts
in three different capacities, viz. Chief Judicial Magistrate, Senior Civil
Judges, and Sessions Judges. He also dealt with various aspects
including tender of pardon and discharge.
25
A session on Emerging Trends in Intellectual Property Laws was
taken by Mr.R.Sathishkumar, Advocate, High Court of Madras, who
took the participants through the recent trends happening on the
issues relating to copyright, patent, trademark, design, and
geographical indication. He also dealt with the appeal and review
proceedings in cases of trade mark violation, passing off, patent
infringement, etc.
Hon'ble Mr. Justice T.S. Sivagnanam said that the complexity
of delinquency has increased and that the principle to be adopted by
the enquiry officers is preponderance of probabilities. Hon'ble Mr.
Justice C.V. Karthikeyan referred to Article 311(2) envisaging that no
dismissal or reduction in rank shall be handed out except going
through the enquiry proceedings and also dealt with the issues of
affording reasonable opportunity and following the principles of
natural justice. His Lordship also pointed out that the enquiry officer
is not a judge and the presenting officer is not a public prosecutor and
that the enquiry is only a fact-finding proceedings.
Mr. R. Singgaravelan, Senior Advocate, High Court of Madras,
spoke elaborately on various aspects of disciplinary proceedings
including the penalty of suspension to be imposed in contemplation of
the proceedings. The two categories of suspension are punitive and
interim, he said. He also reminded the judicial officers of exercising
much care on the necessary particulars of the charges, which are, in
turn, required to be specific, and the statement of allegations which
should support the charges.
A session on General Exceptions under Sections 76 to 106 of Indian
Penal Code was chaired by Hon'ble Mr. Justice N. Sathish Kumar,
Judge, High Court of Madras/Member, Board of Governors, TNSJA.
Mr. K.Sukumaran, Advocate, Kumbakonam, dealing with the topic,
highlighted the legal provisions dealing with, among others, the right
of private defence and the act of a person of unsound mind. He dealt
with the session on Charge Framing and Alteration of Charge in
26
Sessions Cases and said that as charge framing is the foundation of
trial, much care need to be taken by the judicial officers on framing
charges and that if required, during the progress of the trial, the
charge framed earlier could also be altered.
Mr. Karnal Singh, I.P.S. Director, Enforcement Directorate, New
Delhi, gave a special address and spoke about the evolution of the
Money Laundering Law and its history and said that many countries
in South Asia are not implementing anti-terror initiatives, and the
money laundered are used in terrorist and other activities.
Mr. S. Ravindran, Senior Advocate, High Court of Madras,
handled the session on Practice and Procedure in Labour Court and
Current Trends in Labour Disputes Resolution. During the session, he
explained the kinds of disputes as collective issues, viz. service
conditions, wage increase, lock-out, lay off, strike, closure, etc., and
individual issues, like non-employment, and spoke about the role of
the conciliation officers – the labour officer at the bottom level and the
labour commissioner at the top level. The importance of Sections 10,
17 and 18(3) of the Industrial Disputes Act, dealing with reference for
adjudication to be made by the Government, publication of award in
Government Gazette, and the binding nature of the settlements on the
parties, respectively, was highlighted.
(b) Regional Centre, Coimbatore

Hon’ble Mr. Justice. M. Sundar, dealt with the session on
Importance of Ethics, Integrity and Discipline. His Lordship
elaborately discussed and explained these concepts and their
importance from the perspective of the individual as well as the
institution, and laid stress on the law laid down by the Supreme Court
in particular reference to the directions of the Supreme Court in Tarak
Singh’s case. His Lordship also emphasized on the need for
approaching the cases without any prejudice. His Lordship also took a
session on An Overview of the Commercial Courts Act, 2015, and
27
lucidly explained the ingredients of Sections 26, 35, 35A and Orders 5,
6, 7, 8, 11, 13A, 15A, 18, 19 and 20 of the Civil Procedure Code,
which were amended by the Commercial Courts Act, 2015. His
Lordship extensively dealt with Sections 2(i), 3, 3A 3B, 4, 9, 6, 6A, 7,
and 7A of the Commercial Courts Act, 2015.
Mr. K. Sukumaran, Advocate, Kumbakonam dealt with the topic
on General exceptions under Sections 76 to 106 IPC. The resource
person lucidly explained the ingredients of Chapter – IV of I.P.C. He
explained to the judicial officers the difference between General
Exceptions and Specific Exceptions. The importance and significance
of Sections 40, 52, 76 to 106, 124A, 300, 309, 312, 313, of I.P.C. and
Sections 25, 27, 105 of the Indian Evidence Act were also discussed.
The distinction between judicial immunity and executive immunity
was also highlighted. The Resource Person also took the participants
through the various provisions of the Judicial Officers Protection Act
1985. All the relevant and latest case laws on the subject were referred
to. The topic on Comprehensive study of the Prevention of Corruption
Act was also handled by him and he highlighted the importance of
Sections 7, 8, 9, 13, 19, 20 and 24 of the Act, and the effective
measures that can be taken to deliver quality justice in the cases that
are filed under this Act. He pointed out the importance and
significance of Sections 57, 217, 302, 403, 406 and 511 of IPC, and
dealt with the Rule 47 of Directorate of Vigilance and Anti Corruption
Manual.
The session on Hindu Succession Act with reference to Section 6

was handled by Mr. S. Srinivasa Raghavan, Advocate, Madurai, who
took the judicial officers through Section 6 of the Act, which deals with
devolution of coparcenary interest of a Hindu. The resource person
also explained Section 29(A) (Tamilnadu amendment) which given
rights to unmarried daughters also, and discussed Act 39 of 2005.
Fundamental principles as to what is the concept of mitakshara
28
coparcenary system, what would constitute a joint family, what is
pious obligation, what would constitute a Hindu joint family and the
concept of joint family property, were elaborately discussed.
The session which dealt with Labour Law – Recent Trends, was
handled by Hon’ble Mr. Justice K. Chandru, Former Judge, High
Court of Madras. He took the participants through all the latest
developments, explained Sections 19(1) (a), 23, 24, and 36 of the
Industrial Disputes Act, and discussed the powers of the Labour
Court, and the concepts, like labour strike, contract labour disputes
and the method of solving disputes. The salient principles laid down in
the Constitution for the welfare of the working class, were explained.
The session on Factors to be considered while dealing with

passing off action and infringement of trade mark, was handled by
Mr. P.R.Ramakrishnan, Advocate, Coimbatore, who elaborately
discussed the subjects and the historical aspects of trade mark
legislation in India. He also explained about infringement action before
the courts and application of Trade Mark Act. The Resource Person
pointed out the importance and significance of Sections 2(zb), 7, 27,
29 to 33, 101 to 115, and 134 to 138 of Trade Marks Act.
On Recent Developments in Labour Laws,
Dr.V.Chandrasekaran, Industrial and Labour Law Practitioner,
Pudukkottai, spoke about the difference between the State Act and the
Central Act, and explained Sections 8, 10, and 53 of the Contract
Labour (Regulation and Abolition) Act. The Resource Person
elaborately discussed the powers of the Labour Court, and the
concepts, like contract labour disputes, and the methods of solving
disputes. Rights of workmen, disciplinary proceedings and their effect,
and retrenchment, were also discussed, during the session.
Mrs. Sarah Angleline James, Legal Officer, International

Justice Missions and Ms. Roseann Rajan, Advocate, High Court of
Madras, took a session on Is the Crusade against bonded labour a
29
losing war? – the ills that plague the system. They elaborately
discussed the subject of human trafficking in the light of Section 370
IPC. The importance and significance of Sections 2, 15, 21 and 24 of
the Bonded Labour System (Abolition) Act was also explained to the
participants The Resource Persons elaborately covered the following
topics: Purpose of Human Trafficking, Purpose of Exploitation,
Elements of Trafficking, Anti-Human Trafficking Unit, Child Labour
Rescue and Rehabilitation.
The session on Law of Marriage/Succession/Guardianship,

was taken by Mr. N.Sridhar, Advocate, Coimbatore. He took the
judicial officers through Section 6 of the Hindu Succession Act 1956
which deals with devolution of coparcenaries’ interest in a Hindu Joint
family and extensively dealt with the Section 14 of the Act and Section
16 of the Hindu Marriage Act. The difference between old Act and new
Act was also lucidly explained by the resource person.
Mr. K.R. Sankaran, Advocate, Coimbatore, dealt with the topic

on Narcotic Drugs and Psychotropic Substances Act, 1985, and
discussed the provisions relating to search and seizure. The difference
between small quantity and commercial quantity was highlighted by
the resource person. Section 2 and the Schedule under Clause (xxiii)
thereof, and Sections 8, 20, 27, 27A, 29, 35 to 43, 50, 57, 59 and 67
of the Narcotic Drugs and Psychotropic Substances Act, were
explained in an elaborate manner, with the aid of many leading
Judicial precedents.
The session on Appreciation of Evidence as an Appellate Judge

in Civil Cases pertaining to Order 41 Rules 23 to 27 CPC: An overview,
was handled by Mr. V.Sivakumar, Advocate, Coimbatore. He
explained about the various factors that are to be taken into
consideration while handling Civil Appeals, took the participants
through sections 96 to 112, Order 7 Rule 11 and Orders 41 and 43 of
30
the C.P.C., and pointed out the importance of Section 11 of the Tamil
Nadu Court Fees Act and Suit Valuation Act.
(c) Regional Centre, Madurai
Hon’ble Mr.Justice M.Sundar, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, took an overview of the
Commercial Courts Act, 2015, and spoke about the factors to be
considered while dealing with passing off action and infringement of
trade mark. Hon’ble Lordship explained the salient features and the
various provisions of the Act and also gave practical exercises to
emphasise the importance of the factors that are to be taken into
consideration in trade mark infringement and passing off action cases.
Hon’ble Mr. Justice C.V. Karthikeyan, Judge, High Court of

Madras, handled the session on Disciplinary Proceedings: An
Overview, and explained the various procedures to be followed in every
stage of conducting disciplinary proceedings and emphasised that the
principles of natural justice must be strictly followed. An interaction
session was held and the participants got their doubts clarified.
Hon’ble Mr. Justice N.Sathish Kumar, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, dealt with the topic on
Charge Framing and Alteration of Charge in Sessions Cases, and
highlighted the importance of charge framing and gave some exercises
for framing charge, and the participants discussed with each other
and solved those problems.
Hon’ble Mr. Justice G.R. Swaminathan, Judge, High Court of

Madras dealt with the topic on Insolvency and Bankruptcy Code,
2016: An Overview, and explained the salient features of the Code
referring to the recent decisions of the Supreme Court and the Madras
High Court.
31
Mr. M. Vallinayagam, Senior Advocate, Madurai Bench of
Madras High Court, dealt with the topic on Guardian and Wards Act:
An Overview, and explained the factors that are to be considered while
dealing with the appointment of guardian and for granting custody of
minor children.
Mr. S.Srinivasa Raghavan, Advocate, Madurai Bench of Madras

High Court, took a session on Interpretation of Statutes and dealt with
various rules of interpretation of statutes and the circumstances in
which each rule can be applied.
Dr. M.Sivakumar, Professor, Department of Entrepreneurship

Studies, Madurai Kamaraj University, spoke on Stress and Time
Management. He explained the various reasons for stress and the
simple methods to manage stress by managing time effectively.
Mr. A.Arumugam, Advocate, Madurai Bench of Madras High

Court, dealt with Law of Inheritance under Islamic Law, explaining the
origin and source of Islamic Law and Rules of inheritance for Sunni
Muslims specifically.
Mr. David Sunder Singh, Advocate, Madras High Court, took a

session on Is the crusade against Bonded Labour a losing war? – the
ills that plague the system. He explained the provisions of the Bonded
Labour System (Abolition) Act 1976 and the broad coverage of the
definitions given in the Act, and also Section 370 I.P.C.
Mr. K.Sukumaran, Advocate, Kumbakonam, speaking on

Comprehensive Study of the Prevention of Corruption Act, explained
the latest amendments that have been made in the Act and also dealt
extensively with the different practical aspects followed in the cases
under the said Act with the aid of authorities.
32
During the first session Hon’ble Mr. Justice P.N.Prakash,
Judge, High Court of Madras, the chair person of the session, and
Mr.A.Ramesh, Senior Advocate, High Court of Madras, the speaker of
the session, dealt with the topics on 1) Arrest, Remand, Bail –
Procedures with Latest Amendments and Case Laws and 2) Victim
Compensation Scheme and its Procedure. They explained the various
case law for arrest, remand and bail and also dealt with the latest
amendments regarding arrest, remand and bail. He also explained
the procedure for the victim compensation scheme.
Mr. N.Karthikeyan, Advocate, High Court of Madras dealt with

the topic “Emerging Trends in Cyber Laws with special reference to
Information Technology Act, 2000”. The Resource person explained
the various types of Cyber Crimes and the different tools used to
investigate them. He also explained how to collect and preserve the
digital evidence procured during investigation. He later explained the
relevant provisions of I.T. Act dealing with various cyber offences and
procedures to be followed while dealing with them.
Hon’ble Mr.Justice P.N.Prakash, Judge, High Court of Madras,

dealt with the topic “Role of Judicial officers / Prosecutors / Police in
Criminal Justice System”. His Lordship explained the importance of
the participation of both judicial officers and public prosecutors in the
effective administration of criminal justice system. His Lordship also
explained the procedure regarding the FIR record maintained in police
station, which must be well-read by the judicial officers, public
prosecutors and police officers.
Mr. P.S.Vasudevan, International Corporate Trainer and

Psychologist dealt with the topic, “Stress Management”. He explained
the four ways to be followed to manage the stress in our mind. He
also urged not to compare one person with another person and said
33
that to reduce stress, eat good food and do not be worried all the time
and do not get angry with other persons.
Mr. M.Ajmal Khan, Senior Advocate, Madurai Bench of Madras

High Court, dealt with the topic “Principles of Muslim Law”. He
explained the origin and source of Islamic Law and Rules. He also
explained the rights of Muslims under various Muslim laws. Many
case law were highlighted to explain the Muslim Law.
Mr. R.Vijayakumar, Advocate, Madurai Bench of Madras High

Court, dealt with the topic, “Transfer of immovable Property (Sections
38 – 53A) and Gifts under Transfer of Property Act (Sections 122 –
129)”. The Resource person explained difficult areas where the
jurisdiction of civil court is based both expressly and impliedly and
also the latest trends under Section 34 of the Specific Relief Act and
the powers of the courts to pass orders, and discussed the said
provisions by referring to several case laws.

High Court, dealt with the topic “Evidentiary Value of Findings of
Scientific Tests in Civil Cases”. He explained the various uses of the
scientific tools for deciding paternity that are useful in matrimonial
and partition cases. He also explained the procedure to be followed
while ordering DNA Tests, in different proceedings and its evidentiary
value vis-a-vis presumption under Section 112 Evidence Act, based on
the cases decided by the Higher Court of the country.
34
2) SENIOR CIVIL JUDGES
The Refresher Training Courses for Senior Civil Judges were held
at the Headquarters at Chennai and the Regional Centres at
Coimbatore and Madurai, and the details are given in the following
table:-
Sl.No. Place
28.07.2018 and 61
29.07.2018
18.08.2018 and 60
19.08.2018
1 Headquarters, Chennai
10.11.2018 and 60
11.11.2018
16.03.2019 and 61
17.03.2019
21.07.2018 and 55
22.07.2018
27.10.2018 and 54
2 Regional Centre, Coimbatore
28.10.2018
23.03.2019 and 39
24.03.2019
23.06.2018 and 74
24.06.2018
10.11.2018 and 76
3 Regional Centre, Madurai
11.11.2018
30.03.2019 and 74
31.03.2019
Hon'ble Mr. Justice T.S. Sivagnanam, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, called upon the judicial
officers to set a benchmark for disposing of both judicial and
administrative work and said that the judicial officers should not be
satisfied only with the completion of norms, as there are other areas to
be looked into and more number of cases need be disposed of without
compromising quality.
35
Hon'ble Mr. Justice M.Sundar, Judge, High Court of
Madras/Member, Board of Governors, TNSJA, explaining the scope
and object of the programme, stressed the importance of continuous
learning and the necessity of keeping abreast of the developments of
law happening every now and then.
Speaking during the session on Prevention of Corruption Act,
Hon’ble Dr.Justice G.Jayachandran, Judge, High Court of
Madras/Member, Board of Governors, TNSJA, had an in-depth
analysis of the important provisions of the statute and of them, the
term “Expecting to be a public servant” as appear under
Explanation(a) to Section 7, and presumption under Section 20 of the
Act, were a few.
Hon'ble Mr. Justice C.V. Karthikeyan, Judge, High Court of
Madras/Member, Board of Governors, TNSJA, dealing with the session
on Appreciation of Evidence in Civil Appeals, detailed the practice and
procedure required to be followed by the judicial officers sitting in civil
appeal proceedings, in the light of Order 41 CPC. As to how to deal
with the interlocutory applications being filed in civil appeals, was also
discussed elaborately. The endeavour of the appellate judge should be
to dispose of the appeal early, so that any proceedings as may be
pending and required to be initiated in the trial court, could go on. His
Lordship took another session on disciplinary proceedings and
detailed the procedure to be followed right from the stage when the
delinquent is called upon to give explanation for dereliction of duty, till
the stage when the finding is given by the enquiry officer and
punishment, if any, is awarded by the appropriate authority.
Hon'ble Mr. Justice N.Sathish Kumar, Judge, High Court of
Madras/Member, Board of Governors, TNSJA, had a discussion and
interaction on practical issues on Case Adjudication and Court
Administration, with the participant-judicial officers, throwing light on
Section 309 Cr.P.C. and its effective use in speeding up the criminal
proceedings. The other legal provisions, His Lordship dealt with, were
36
Sections 350 Cr.P.C. and 174 I.P.C., both dealing with non-attendance
by a witness in obedience to summons.
Hon’ble Mr. Justice N. Seshasayee, Judge, High Court of
Madras, stressed the importance of judgment-writing skills,
highlighting the fact that whatever the knowledge a judicial officer
possesses, must ultimately result in judging matters. Common sense
and prudence are more required in developing conceptual skills and
furthering analytical skills, His Lordship said.
Speaking on the scope and object of the programme Hon'ble Mr.
Justice Abdul Quddhose, Judge, High Court of Madras/Member,
Board of Governors, TNSJA, laid emphasis on the judicial skills and
administration skills, the judicial officers are expected to possess, and
said that time management, being one of the areas where the judicial
officers are required to concentrate, is important, so that
apportionment of time for judicial work can be better done.
Mr. R. Gururaj, Advocate, High Court of Madras, took the
participants through the significant features of the Hindu Marriage Act
and referred to the decisions of the Supreme Court and the Madras
High Court. He also dealt with the effect of absence of ceremonies
during marriage, and other issues, like long co-habitation, procuring
children, cruelty, and DNA test. He also took a session on Specific
Performance of Contracts and during the session, he referred to the
various judgments of the Supreme Court and the Madras High Court
on the points which the judicial officers come across quite often in
their work.
Mr. N. Vijayaraghavan, Advocate, High Court of Madras, during
the session on Recent Trends in Motor Accident Claim Cases,
explained the evolution of law and the manner in which the cases
need to be dealt with, so as to see that the compensation reaches the
victim or his/her kin. By giving illustrations, he explained the doctrine
of no fault liability. He also threw light on the procedure for
adjudicating cases where the drivers of the vehicles involved in the
37
accident were without licence and the vehicles were not covered with
insurance policies.
Mr. R. Shanmugasundaram, Senior Advocate, High Court of
Madras, dealt with framing of charges with the aid of Sections 34, 109,
120-B and 149 IPC and said that Sections 34 and 149 IPC fall in one
category and Sections 109 and 120-B in another. During the session,
problems were given to the participants to find solutions.
Mr. S. Subbiah, Senior Advocate, High Court of Madras, dealt
with the issues relating to gifts, referring to the provisions of the
Transfer of Property Act, while Mr.N.Manokaran, Advocate, High
Court of Madras, handled the session on Law relating to Wills and said
that the privileges given to the testator under Section 63 of the Indian
Succession Act will not extend to witnesses.
Mr. N.R. Elango, Senior Advocate, High Court of Madras,
handled the session on Framing of Charges with the aid of Sections
34, 109, 120-B and 149 IPC, and giving problems to the participants
for finding solutions. He gave illustration of cases which were dealt
with by various courts in the country.
Mr. S. Arunkumar, Advocate, High Court of Madras, explained
the Recent Trends in Motor Accident Claim Cases and the authorities
of the Supreme Court and the Madras High Court in awarding
compensation to the victims or their kin, while Mr.N.Manokaran,
Advocate, High Court of Madras, handled the session on Law relating
to Wills, where he referred to the relevant legal provisions in the
background of the various authorities.
Hon’ble Mr. Justice K. Swamidurai, Former Judge, High Court
of Madras, took the session on Appreciation of Evidence in Civil
Appeals. The rules under Order 41 C.P.C. were explained in detail,
and the significant aspects to be taken into account by the judicial
officers sitting in appeals from original decrees, were highlighted.
38
The session on Examination of Witnesses in Criminal Cases:
Practice and Procedure was taken by Mr. N. Swaminathan, Advocate,
Tiruvarur, referring to Sections 118 and 154 of the Indian Evidence
Act. Tender of pardon and refreshing memory are, among others, the
areas which he dealt with.
Dr. S.T. Venkateswaran, Head of Department, Department of
Yoga, Government Yoga and Naturopathy Medical College, Chennai,
took a session on Lifestyle and Stress Management, and gave a large
amount of tips and titbits as to how to lead a healthy life.

The topic on Prevention of Corruption Act: An Overview, was
handled by Mr.K.Sukumaran, Advocate, Kumbakonam, who
highlighted the importance of Sections 2(c), 5, 6, 7, 9, 11 to 13, 19, 20
and 23 of the Act, and the effective measures that can be taken to
deliver quality justice in the cases that are filed under this Act. The
Resource Person pointed out the importance and significance of
Sections 21, 53, 57, 217, 302, 304, 309, 403, 404, 406 and 511 of
IPC, and explained the ingredients of the Sections 53 (A), 173, 190,
193, 195(a), 313, 315 and 464 Cr.P.C. He also dealt with Rule 47 of
Directorate of Vigilance and Anti Corruption Manual.
The session on Law of Insolvency was handled by
Mr. N. Sridhar, Advocate, Coimbatore, and he elaborately discussed
Sections 3, 4, 6, 9 to 10, 13, 20, 23, 28, 35 to 37 and 41 to 44 of the
Provincial Insolvency Act, and explained how to, and who can, file
insolvency petition, and the difference between the Creditor Petition
and Debtor Petition. He explained the ingredients of Sections 53 to 55
Transfer of Property Act, and elaborately covered the following topics:
Essential principles of acts of insolvency, adjudication, annulment,
discharge, method of proof of debts, antecedent transactions,
realization of property, duties and powers of receiver and distribution
of property. He handled the session on Suits on Dissolution of
39
Partnership Firm – Remedies available to parties. The importance and
significance of Sections 7, 8, 14, 29, 39, 44, 52 to 55 and 69 of the
Indian Partnership Act were explained to the participants. He also
dealt with the Elements of Partnership, Types of Partnership, General
Principles and Mode of Dissolution.
Mr. M. Sanjaiyan, Advocate, Coimbatore, dealt with the session

on Framing of Charges, for offences which include Sections 34, 109,
120 and 149 IPC, explaining the various provisions of the Criminal
Procedure Code, the Indian Penal Code and Indian Evidence Act. The
factors to be looked into while framing charges, were also deftly
explained to the participants. The ingredients of Sections 34, 109, 120
and 149 IPC were discussed in detail.
The topic on Effective Appreciation of Oral Evidence in civil cases

was handled by Mr. S. Srinivasa Raghavan, Advocate, Madurai
Bench of Madras High Court. The Resource Person pointed out the
importance and significance of Sections 4, 18, 31, 34, 58, 59, 68 70,
71 and 92 of Indian Evidence Act, and dealt with the doctrine of
estoppel, chief-examination, cross-examination. The difference
between the primary evidence and the secondary evidence was
highlighted. He also handled the topic on Effective Appreciation of
Documentary Evidence in Civil Cases. He highlighted the importance
of Sections 65(b) 73, 74, 76 and 77, 88 and 90 of Indian Evidence Act,
and explained in detail Section 63 of Indian Succession Act and
Section 138 of Negotiable Instrument Act, the gift deed, settlement
deed and agreement procedures.
Mr. V. Ramakrishnan, Advocate, Madurai Bench of Madras

High Court, took a session on Suits relating to Specific Performance of
Contract: Prosecution and Defence, dealing with the Sections 5, 6, 10,
14, 16, 17 and 20 to 22 of Specific Relief Act and Section 27 of Indian
Contract Act.
40
Mr. V. Sivakumar, Advocate, Coimbatore, dealt with the topic
on Hindu Marriage Act, 1955: Recent Trends, pointing out the
importance of Sections 3, 5, 7, 8, 9 and 13 of Hindu Marriage Act, and
explaining the various provisions of Dowry Prohibition Act 1961 and
Domestic Violence Act 2005. The session which dealt with Transfer of
Immovable Property and Gifts under Transfer of Property Act, was also
handled by him, and he touched upon Sections 38 to 53A and
Sections 122 to 126 of Transfer of Property Act.
An Overview of Indian Contract Act and Specific Performance of

Contracts was given by Mr. V. Lakshmanan, Advocate, Tirupur. He
extensively dealt with Sections 59 to 61, 128, 129 and 171 of Indian
Contract Act, and touched upon Sections 58 (f) and 67(A) of Transfer
of Property Act, and pointed out the importance of Sections 18 and 19
of Limitation Act.
The topic on Human Rights Issues, was handled by

Mr. V.P. Sarathi, Advocate, Coimbatore. The Resource Person
explained in detail the relevant Articles of Universal Declaration of
Human Rights(UDHR), International Covenant on Civil and Political
Rights(ICCPR) and Universal Periodical Review(UPR). He dealt with
topics like, implications of violators, global issues, women rights, right
to equality, right to education, right to employment, and also on
corporal punishment.
An overview of Disciplinary Proceedings was given by Mr. R.

Parthiban, Advocate, Coimbatore. He explained the situations where
Section 17(a) of Tamil Nadu Government Servants Conducts Rules
ought to be invoked and when Section 17(b) of Tamil Nadu
Government Servants Conducts Rules ought to be invoked. The
Resource Person also explained the importance of framing precise and
succinct charges, and the procedures to be followed in case of minor
offences.
41
Hon’ble Dr. Justice G.Jayachandran, Judge, High Court of

Madras, spoke on the Scope and Object of the Programme, explaining
the purpose of having regular refresher courses and the importance of
updating the knowledge on the recent trends and amendments in law.
His Lordship also took a session on Prevention of Corruption Act –
Recent Trends, and explained the nuances of the provisions and the
terms used in the Act and the procedure to be followed while dealing
with the trap cases. His Lordship emphasised that proper appreciation
of the evidence let in by innocent witnesses.

High Court, Madurai, dealt with the topic on Effective Appreciation of
Oral Evidence in Civil Cases and Effective Appreciation of
Documentary Evidence in Civil Cases. The Resource Person explained
the various provisions of the Evidence Act and how to look into the
relevancy and admissibility of those documents referring to several
decisions of Supreme Court.
Mr.M.Sanjaiyan, Advocate, Coimbatore, handled the session on

Understanding Medico-Legal Evidence for effective disposal of criminal
cases. He explained the importance of understanding and properly
appreciating the medico-legal evidence in criminal cases.
Mr. A.Arumugam, Advocate, Madurai Bench of Madras High

Court, spoke on Law relating to Wills, explaining the significance of
the various provisions of Indian Succession Act dealing with will and
how to interpret different terms used in the wills with reference to
those provisions.
Mr. M.Vallinayagam, Senior Advocate, Madurai Bench of

Madras High Court, highlighted the salient features of the Hindu
Marriage Act, taking the participants through the important provisions
of the Act and the conflicts of some provisions with that of the Family
42
Courts Act. He called upon the participants to understand the
provisions in the true context and not just literally.

High Court dealt with the topic Evidentiary Value of Scientific Tests in
Civil Cases, explaining the various uses of the scientific tools for
deciding paternity that are useful in matrimonial and partition cases.
He also detailed the procedures to be followed while ordering DNA
Test, in different proceedings and its evidentiary value vis-à-vis
presumption under Section 112 Evidence Act.

Court, took a session on Transfer of Immovable Property (Sections 38
to 53A) and Gifts under Transfer of Property Act (Sections 122 to 129),
explaining the concept of transfer and various aspects that affect the
transfer of property and types of transfer that are valid and invalid
while Mr. V.Lakshmanan, Advocate, Tiruppur, handled a session on
an Overview of Indian Contract Act and Specific Performance of
Contracts (Sections 9 to 25), analysing the important provisions of the
Act, with the aid of illustrations.

Madras High Court, elaborately dealt with the topic on Suits on
Dissolution of Partnership Firm – Remedies available to parties, while
Mr. R.Karunanithi, Advocate, Madurai Bench of Madras High Court
discussed the human rights issues. Mr. V.J.Kumaravel, Advocate,
Madurai Bench of Madras High Court, gave an overview of the
Disciplinary Proceedings.
Mr. S. Srinivasa Raghavan, Advocate, Madurai, dealt with the

topic “Scientific Evidence in Civil Cases”. The Resource Person pointed
out the importance and significance of Sections 4, 112 and 114 of
Indian Evidence Act. He discussed about the scientific investigation/
DNA test and extensively dealt with Articles 21 and 141 of
43
Constitution of India. He also explained the various provisions of the
Civil Procedure Code. All the relevant and latest case laws on the
subject were also explained by the Resource Person.
The topic on “Section 163A of Motor Vehicle Act: Post-

amendment Scenario”, was also handled by the Mr. S. Srinivasa
Raghavan, The Resource Person explained about the procedures that
are to be followed while claiming liability under Second Schedule
under Section 163A of M.V. Act. The difference between Section 140
and 163A was lucidly explained. The Resource Person laid stress on
the law with particular reference to the directions of the Hon’ble
Supreme Court in Sunil Kumar’s case, Sinitha’s case and Puttamma‘s
case. All relevant latest case laws were also explained by the Resource
Person. He also explained the difference between no fault liability
claim under section 140 and on fault liability claim under section 166
of the M.V. Act.
The session, which dealt with “Res Sub Judice and Res Judicata
- Sections 10 and 11 CPC, was handled by Mr. V. Lakshmanan,
Advocate, Tiruppur. Referring to the case laws, the Resource Person
explained in detail the procedure to be followed while setting up the
principle of Res Judicata and Res Sub Judice. The Resource Person
extensively dealt with Sections 10 and 11 of CPC. All the relevant case
law on the subject were also explained by the Resource Person.
Another topic chosen for discussion was “Appreciation of

Evidence in Criminal Cases” and it was handled by Mr. K.R.
Sankaran, Advocate, Coimbatore. The Resource Person extensively
dealt with Sections 3 to 11, 24 to 30, 32, 33, 43,59 to 65, 73, 105,
106, 113A, 113B, 135 to 138, 141 to 149, 159 to 165 of Indian
Evidence Act. He also explained the relevant provisions of Criminal
Procedure Code and Indian Penal Code in detail.
44
The last session of the programme “Land Acquisition Act: An
Overview” and it was dealt with by Mr. V.P. Sarathi, Advocate,
Coimbatore. The factors to be looked into while handling land
acquisition cases, were deftly explained to the participants. The
difference between old Act and new Act was lucidly explained him. He
extensively dealt with the ordinance promulgated in the year 2014, the
latest amendments, and the recent developments.

High Court dealt with the topic, “Scientific Evidence in Civil Cases”.
The Resource person explained the various uses of the scientific tools
for deciding paternity that are useful in matrimonial and partition
cases. He also explained the procedure to be followed while ordering
DNA Tests, in different proceedings and its evidentiary value vis-a-vis
presumption under Section 112 Evidence Act, based on several cases
decided by the Higher Courts of the Country. Mr. S.Srinivasa
Raghavan, also dealt with the topic on Section 163A of Motor Vehicles
Act: Post-amendment Scenario.
Mr. V.Lakshmanan, Advocate, Tiruppur, dealt with the topic

“Res Sub Judice and Res Judicata - Sections 10 and 11 CPC”. He
explained the different aspects of Res Sub Judice and Res Judicata
with reference to several case law.
Mr. C.Muthu Saravanan, Advocate, Madurai Bench of Madras

High Court, dealt with the topic on Framing of Charges with the aid of
Sections 34, 149, 109 and 120B IPC. He explained how to frame
charge for offences under Sections 34, 149, 109 and 120B of IPC. He
also referred to several judgments of the Supreme Court and the
Madras High Court, to drive the point home.
Mr.J.Karthic, Director, Kvell Skill School, Certified International

Trainer and Counsellor, dealt with the topic, “Stress Management”.
He explained the importance of managing stress and the different
45
methods to manage stress. He illustrated several instances,
explaining how stress could be managed properly. Mr.B. ELAYARAJA,
Counseling Psychologist, Chennai, highlighted the stages of stress,
such as relaxed, pressurized, troubled, depression and breakdown,
and gave a large amount of tips and titbits as to how to lead a healthy
life.
CIVIL JUDGES
The Refresher Training Courses for Civil Judges were held at the
Headquarters at Chennai and the Regional Centres at Coimbatore
and Madurai, and the details are given in the following table:-
Sl.No. Place
1 Headquarters, Chennai 23.06.2018 and
60
24.06.2018
15.12.2018 and
47
16.12.2018
23.02.2019 and
67
24.02.2019
2 Regional Centre, 09.06.2018 and
54
Coimbatore 10.06.2018
28.07.2018 and
54
29.07.2018
25.08.2018 and
51
26.08.2018
29.09.2018 and
56
30.09.2018
15.12.2018 and
47
16.12.2018
3 Regional Centre, Madurai 09.06.2018 and
54
10.06.2018
28.07.2018 and
54
29.07.2018
12.08.2018 54
15.09.2018 and
56
16.09.2018
29.09.2018 and
54
30.09.2018
17.11.2018 and
51
18.11.2018
23.03.2019 and
67
24.03.2019
46

Explaining the Scope and Object of the programme, Hon'ble Mr.
Justice N.Sathish Kumar, Judge, High Court of Madras/Member,
Board of Governors, TNSJA, said that knowledge is the strength of the
judicial officers and being the foundation of the entire judicial system,
the district judiciary shoulders high responsibilities and that every
training programme is an opportunity to enhance their knowledge.
Mr. K.Sukumaran, Advocate, Kumbakonam, handled the
session on Prosecution for Contempt of Lawful Authority of Public
Servants: Offences against Public Justice and Offences relating to
documents given in evidence.
The sessions on Law of Easements and Law Governing
Temporary Injunction, were dealt with by Mr.Shangar Murali,
Advocate, High Court of Madras, and during the session, he referred to
the various judgments of the higher courts of the country and the legal
provisions, so as to make the participants better understand the
issues involved.
Development of law in Specific Relief Act is emerging in the
recent times and Mr. S.Meenakshi Sundaram, Senior Advocate,
Madurai, took the session relating to this subject, while
Mr. N.Manokaran, Advocate, High Court of Madras, dealt with the
session on Law of Precedents.
A half-a-day session was earmarked for Induction Training and
Sensitization Programme, under Section 4(5) of the Juvenile Justice
(Care and Protection of Children) Act 2015, for the Principal
Magistrates of the Juvenile Justice Boards, who recently took over the
office. Dr.S.Elumalai, Assistant Professor, Tamil Nadu Dr. Ambedkar
Law University, took an overview of the Juvenile Justice (Care and
Protection of Children) Act, 2015. Dr. S.Thenmozhi, Associate
Professor and Head I/c, Department of Counselling Psychology,
47
University of Madras, elaborately dealt with the psychological and
psychiatric aspects of children getting in conflict with law, in the light
of the preliminary assessment under Section 15 of the said Act.
Mr. A. Ratnavelu, Former District Judge, shared his experience
as to how to deal with the issues which the judicial officers come
across while hearing cases and disposing of matters. He also explained
the ways in writing good judgments taking into consideration various
aspects relating to narration of facts, framing of issues/charges,
decision/finding to each charge/issue, reasoning for decision/finding,
reference and application of law, and usage of language in lucidity.
Mr. N. Santhosh Kumar, Public Prosecutor, Railways, Chennai
Division, took the participants through the important legal provisions
as envisaged in the Railway Property (Unlawful Possession) Act and
the Railways Act and explained the significance of the enactments by
stating that the RPF officials are not legally called as police officials
and thus, the statements and the confessions recorded by them
during enquiry are admissible in evidence.
Hon’ble Mr. Justice K. Swamidurai, Former Judge, High Court
of Madras, took the participants through the provisions of the Code of
Civil Procedure, as regards temporary injunction and also referred to
the authorities of the Supreme Court and the Madras High Court in
the matter.
Mr. K.R. Tamizhmani, Advocate, High Court of Madras, took an
overview of the Wildlife Protection Act and highlighted the importance
of protecting the environment and maintaining wildlife. The necessity
of protecting the endangered species and animals was also explained
in greater length and also the initiatives taken by the Governments of
the State and Central, in protecting the environment was also touched
upon.
Mr. R. Gururaj, Advocate, High Court of Madras, took a session
on Specific Performance of Contracts and during the session, he
referred to the various judgments of the Supreme Court and the
48
Madras High Court on the points which the judicial officers come
across quite often in their work.

The topic on Recent Developments in Specific Relief Act was
handled by Mr. S.Meenakshi Sundaram, Senior Advocate, Madurai,
dealing with Sections 5, 6, 10, 14, 16, 17 and 20 to 22 Specific Relief
Act, and explaining the ingredients of Sections 37, 40 to 50, 63 and 64
of the Contract Act as well as the provisions of the Transfer of Property
Act and Registration Act.
The session on Arrest, Bail and Cancellation of Bail and Bond
was taken by Mr. N. Anantha Padmanabhan, Advocate, Madurai,
highlighting the importance of Section 41 Cr.P.C, and the effective
measures that can be taken to arrest without warrant. The difference
between the 1898 Code and the 1974 Code with respect to provisions
regarding anticipatory bail was also explained by the resource person.
He also took another session on Prosecution for Contempt of Lawful
Authority of Public Servants: Offences against public Justice and
Offences relating to documents given in evidence. During the session,
he highlighted Sections 195 and 340 Cr.P.C. and the importance of
Section 193 IPC on false evidence.
The topic on Law Governing Temporary Injunction was dealt

with by Mr.V.Lakshmanan, Advocate, Tiruppur. Referring to the case
laws, he detailed the procedures to be adopted while hearing petitions
seeking temporary injunctions, with specific reference to Order 39
Rule 3A. The session on Res Sub Judice and Res Judicata (Sections
10 and 11 C.P.C.), and Issues in the Proceedings of Preliminary and
Final Decrees, with reference to Partition Suits and Suits for Accounts,
was also handled by him. He threw much light on the procedures to be
adopted while setting up the principle of Res Judicata and Res Sub
Judice, and extensively dealt with Obiter Dictum and Estoppels.
49
Mr. Mr. V. Lakshmanan also spoke about the procedure relating
to striking out and amendment of pleadings as governed by Order VI
Rules 16 and 17 C.P.C. The difference between the Rules 16 and 17
C.P.C. of Order VI C.P.C. was lucidly explained by the resource
person. He explained that in execution proceedings, amendment can
be done only under Section 153 read with Section 151 C.P.C., and not
applicable with Order VI Rule 17 C.P.C.
Mr. K. Prabhu, Advocate, International Justice Mission, spoke

about the prevalence of bonded labour system and the ills which
plague the system. He discussed the subject of human trafficking in
the light of Section 370 IPC.
A group discussion was held, where the participant-judicial

officers, forming groups, discussed the judgment of the Madras High
Court in Murugasamy Versus State (Order dated 15.09.2017 in
Crl.O.P. No. 12148 of 2017), and thereafter, a representative from
each group made presentation on each of the following topics: (1)
Recording dying declaration; (2) Conducting test identification parade;
(3) Recording statement of witness under Section 164 Cr.P.C.; and (4)
Recording confession of accused under Section 164 Cr.P.C.
Mr. V. Sivakumar, Advocate, High Court of Madras, took a

session on Effective Appreciation of Oral and Documentary Evidence
in Civil Cases. He pointed out the importance of Sections 8, 14, 22,
23, 59, 60, 74, 92 and 101 of Indian Evidence Act, and explained all
the relevant provisions of Civil Procedure Code in detail. The difference
between Oral and Documentary evidence was lucidly explained by the
resource person.
During the session on (a) Components of Final Report, (b) Issues

involved in taking cognizance of offences, and (c) Procedure relating to
trial proceedings in Criminal Cases, Mr. K. Sukumaran, Advocate,
Kumbakonam, elaborately discussed the ingredients of Sections 2(r) &
50
(o), 17(2), 154, 156(3), 157, 173, 190, 193, 195 read with 340, 199,
202, 204, 281, 309, 325, 313, 482 Cr.P.C. He also dealt with the Rule
47 of Directorate of Vigilance and Anti Corruption Manual. The
Resource Person also touched upon the following topics: Hostile
witness, promulgation, complaint writing, matrimonial offences,
medical negligence, and sustained provocation.
A group discussion on Common Causes vs. Union of India on

Euthanasia; was held and the participants forward several groups,
where they discussed all the aspects relating to euthanasia, and
thereafter, a representative from each group present his/her group
opinion.
The session on Emerging Trends in Cybercrimes and Cyber Law
was handled by Mr. M. Sanjaiyan, Advocate, Coimbatore, pointing out
the importance of Sections 65A and 65B of the Indian Evidence Act,
and Sections 380, 490, 465, 500, 506 and 502 of the Indian Penal
Code. He extensively dealt with the Section 66 to 69 of Information
Technology Act, and the various cyber crimes being committed and
how they could be detected. The significance of storing data in
computers and how they could be stolen for money was also
explained.
The session on Jurisdiction of Civil Courts under Section 9

C.P.C. with Section 34 of Specific Relief Act, was handled by
Mr. R. Vijayakumar, Advocate, Madurai. He spoke about the ‘express
bar’ and the ‘implied bar’ in trying suits by the civil courts. To explain
the concept of ‘express bar’ in trying a suit, the Resource Person drew
the attention of the participants to the ‘express bar’ contained in
certain statutes, like, Tamil Nadu Hindu Religious and Charitable
Endowments Act, Tamil Nadu Buildings (Lease and Rent Control) Act,
Administrative Tribunals Act, Tamil Nadu Cultivating Tenants
(Protection) Act, Land acquisition Act, Land Encroachment Act, etc. He
also spoke about Avoidance of Delay in Execution Proceedings,
51
explaining the ingredients of Order XXI Rules 2, 32, 33, 35, 36, 55 to
59, 64, 71 to 73, 83, 89 to 97 and 102 C.P.C., in a detailed manner.
The resource person pointed out the various types of interim
applications that may be filed by parties pending execution
proceedings and the modes by which there could be avoidance of
delay.
The session on Insolvency and Bankruptcy: An Overview, was

handled by Mr. N.Sridhar, Advocate, Coimbatore. He extensively dealt
with Sections 3, 4, 6, 9 to 10, 13, 20, 23, 28, 35 to 37 and 41 to 44 of
The Provincial Insolvency Act, and explained how to, and who can file
insolvency petition, and the difference between Creditor Petition and
Debtor Petition. The resource person highlighted the ingredients of
Sections 53 to 55 of Transfer of Property Act, and elaborately covered
the following topics: Essential principles of acts of insolvency,
adjudication, annulment, discharge, method of proof of debts,
antecedent transactions, realisation of property, duties and powers of
receiver, and distribution of property.
Hon’ble Mr. Justice P.N.Prakash, Judge, High Court of Madras,

speaking on the Role of Judicial Officers and Public Prosecutors in
Effective Administration of Criminal Justice, laid emphasis on the
responsibilities which both the stakeholders shoulder to the litigant-
public and in turn, to the society, towards effective administration of
criminal justice.
Hon’ble Dr. Justice G. Jayachandran, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, spoke about the Scope
and Object of the Refresher Course Programme and stressed the
importance of understanding the provisions under sections 9, 10 and
11 C.P.C. properly, so that unnecessary suits may not be entertained
by the courts.
52
Hon’ble Mr. Justice N.Sathish Kumar, Judge, High Court of
Madras/Member, Board of Governors, TNSJA, spoke about the Scope
and Object of the Refresher Course Programme, calling upon the
participants to regularly update their knowledge and skills, and said
that learning is a continuous process and each training programme is
a platform for sharing knowledge.
Mr. K.Sukumaran, Advocate, Kumbakonam, dealt with the topic

on Prosecution for Contempt of Lawful Authority of Public Servants:
Offences against public justice and Offences relating to documents
given in evidence, explaining the various decisions of the Supreme
Court and the Madras High Court. The entire session was very
interactive and well received by the participants.
Mrs. Sarah Angleline James, Legal Officer, International

Justice Mission, took an Overview of Human Rights Issues vis-a-vis
Trafficking and Human Trafficking for Labour, explaining the
violations committed against the poor and vulnerable people and how
they are cheated and trafficked into the bonded labour system. She
also explained the measures being taken for rescue and rehabilitation
of those labourers and the mechanisms for preventing trafficking.
Ms. Roseann Rajan, Advocate, High Court of Madras, took a

session on Bonded Labor System (Abolition) Act – Definition and
Challenges, explaining the necessity to create awareness among the
general public and also the employers, including the Government
officials responsible to implement the Act.
Ms. Zothanpuii Varte, Advocate, High Court of Calcutta,

handled the session on The Immoral Traffic (Prevention) Act:
Challenges in Implementation, explaining the authorities and
violations of human rights committed against the girl children and
how they are lured into the trade.
53
Mr. S.Meenakshi Sundaram, Senior Advocate, Madurai Bench
of Madras High Court, spoke about the Recent Developments in
Specific Relief Act, explaining how the Limitation Act, Transfer of
Property Act, Contract Act and Registration Act are interlinked with
Specific Relief Act.
Mr. K.Kalidasan, President, Osai Environmental Organization

underscored the importance of safeguarding the forests, wildlife and
bio-diversity and the role of courts. He insisted that there should be
sustainable development and not development ignoring or destroying
the eco-system. Mr.Subbaiah, Retired Forest Range Officer explained
the important aspects of the Tamil Nadu Forest Act and Wild Life
(Protection) Act.
A group discussion on effective implementation of the directions

of Hon’ble Madras High Court given in Murugasamy vs. State by
Inspector of Police, Karumathampatty, Coimbatore, was held. The
participants were divided into eight groups and each group was given
one of the four subjects dealt with in the said judgment. One
representative from each group made presentation on the specific
topic allotted to their group.
Mr. N.Ananthapadmanaban, Advocate, Madurai Bench of

Madras High Court, dealt with the topic on Arrest, Bail and
Cancellation of Bail and Bond, explaining, elaborately, the conditions
and duties cast upon the authorities while effecting arrest and how
the Supreme Court has laid down the law on the subject by various
decisions right from A.K.Goplan’s case till Arnesh Kumar’s case.
Mr. V.Ramakrishnan, Advocate, Madurai Bench of Madras High

Court dealt with the topic on Jurisdiction of Civil Courts under
Section 9 of CPC, explaining as to when the jurisdiction of the civil
court is impliedly barred and when it is not ousted.
54
Madras High Court dealt with the topic on Suits relating to Mortgage,
while Mr. V.Lakshmanan, Advocate, Tiruppur handled the session on
Res Sub Judice and Res Judicata (Sections 10 and 11 C.P.C.).
Mr. K.Madhu Sudhan, from M/s. I Square Training and

Development, spoke as to how to manage stress and about the
importance of positive stress in life, and he demonstrated how to
manage stress through activity–based learning.
Mr. M.S.Suresh Kumar, Advocate, Madurai Bench of Madras

High Court, handled the session on Jurisdiction of Civil Courts under
Section 9 of C.P.C. with Section 34 of Specific Relief Act, explaining
the various facts of law that confer and take away the jurisdiction of
the civil courts, with various decisions of the Supreme Court and High
Courts.
Mr. K.Sukumaran, Advocate, Kumbakonam dealt with the

session on components of final report, issues involved in taking
cognizance of offences, and procedure relating to trial proceedings in
criminal cases, detailing the powers and duties of the Magistrate while
taking cognizance of offences and the various procedures that are to
be followed while exercising power under Section 173(8) Cr.P.C. and
190 Cr.P.C., and referring to several decisions of the Supreme Court.
Hon’ble Mr.Jutice P.N.Prakash, Judge, High Court of Madras,

chaired the session on Emerging Trends in Cybercrimes and Cyber
Law and Mr. N.Karthikeyan, Advocate, High Court of Madras,
explained the various types of cyber crimes and the different tools
used to investigate them, explaining how to collect and preserve the
digital evidence procured during investigation.

Court, took a session on Jurisdiction of Civil Courts under Section 9
C.P.C. with Section 34 of Specific Relief Act, explaining the difficult
55
areas where the jurisdiction of civil Court is based both expressly and
impliedly and also the latest trends under Section 34 of Specific Relief
Act.
Mr.A.Rathavelu, Former District Judge, took the session on

Judgment Writing. The role of trial Judges in writing judgment and
the concept, meaning and theories relating thereto were discussed and
explained during the session. It was emphasized that the trial judges
play a critical and crucial role in building the foundation of a case.
Important elements of judgments, pleadings, and issues were
emphasized. The main issues are burden of proof and cause of action.
It was pointed out that judgments should always be written in simple
and understandable language and it should be short. Brevity,
simplicity and clarity are the important characteristics of the
judgment. In the matters of summary suits, preliminary issues,
review, restoration, compromise, the order must be brief.
Notwithstanding the fact that there is pressure of work and stress,
most of the judicial officers undergo today, improving skills in writing
judgments is more demanding.
The session on Recent Developments is Specific Relief Act was
taken by Mr.R.Gururaj, Advocate, High Court of Madras. The period
of limitation for a suit for specific performance of an agreement is
three years and the time of limitation starts from the date of filing of
the agreement. Many case laws on equity, justice, false pleadings,
burden of proof, property repurchase, etc. were discussed. The recent
amendments prescribing constitution of special courts and timelines
for disposal of cases, among others, he highlighted.
Mr.N.Manokaran, Advocate, High Court of Madras, discussed

the Law of precedents by sharing his own experience in legal
profession, and said that as law is dynamic, it is much required to
56
update one’s knowledge. The judicial officers were called upon to read
the latest judgment, every day, for improving their legal skills.
The session on stress management, taken by Dr.Ennapadam

S. Krishnamoorthy, Founder, Buddhi Clinic, began with a discussion
on stages of stress such as relaxed, pressurized, troubled, depression
and breakdown. After a short exercise, different causes of stress and
the ways to deal with them were discussed. The resource person
demonstrated various exercises, calling upon the participants to follow
to an expert as much as possible, so that they could manage stress.
Mr.Sukumaran, Advocate, Kumbakonam, handled the session
on prosecution for contempt of lawful authority of public servants (a)
offences against public justice, and (b) offences relating to documents
given in evidence. He said that under sections 195 to 199 Cr.P.C.
Limitation is prescribed on taking cognizance of offences by
magistrate. Sub-section 1(a) of Section 195 provides that no Court
shall take cognizance of any offence punishable under Sections 172 to
188 IPC, or of abetment or attempt or criminal conspiracy to commit
such offence, and Sections 172 to 188 IPC relate to offence of
contempt of lawful authority of public servants. He explained that
under section 195(i) (b) Cr.P.C, the prosecution of a person for giving
false statements, by and large, depends upon the importance of the
false statement. The resource person discussed the recent judgments
on theses aspects.
Mr.T.R.Ramamoorthy, Advocate, Thuraiyur, took on Overview

of Execution Proceedings, dealing with property attachment, salary
attachment. Time limit of execution petition is 12 years, he
emphasized. Order 21 Rule 64 deals with Immovable property and
Order 21 Rule 91 setting aside sale, he said, by referring to the
decisions of the higher courts of the country.
57
Group discussion to discuss the aspects as set out in the
judgment of the Madras High Court in Murugasamy Vs. State, was
held, where the judicial officers were divided into four groups and each
group discussed one of the following topics, which are elaborately deal
with in the judgment: (1) historical background, (2) Section 164
Cr.P.C, (3) Dying Declaration, and (4) Test Identification Parde. Two
representatives from each group elucidated the historical background
and the practice and procedure to be followed in the matter, which
their groups discussed. All the groups represented the facts in their
best possible way and the nuances were analysed in the session.
Hon'ble Mr. Justice N.Anand Venkatesh, Judge, High Court of

Madras, dealt with the topic, “Registration of Criminal Cases,
Investigation, Framing of Charge and Trial: An overview”. His
Lordship explained how to register a criminal case and investigate the
same, and dealt with the Criminal Cases and Framing of Charge with
appropriate case laws. His Lordship also explained other aspects to
clear the participants’ doubts on framing of charge, investigation and
registration of criminal cases.
Mr.N.Karthikeyan, Advocate, High Court of Madras dealt with

the topic, “Emerging Trends in Cyber Crime and Cyber Laws”. The
Resource person explained the various types of cyber crimes and the
different tools used to investigate them. He further explained how to
collect and preserve the digital evidence procured during investigation.
He also explained the relevant provisions of I.T. Act dealing with
various cyber offences and procedures to be followed while dealing
with them.
Hon’ble Mr.Justice C.V.Karthikeyan, Judge, High Court of

Madras/Member, Board of Governors, TNSJA dealt with the topic on
Role of Judicial Officers, Prosecutors, and Investigating Officers, in
strengthening Criminal Justice System. His Lordship explained the
importance of the participation of both judicial officers and public
58
prosecutors in the effective administration of criminal justice referring
to the cases decided by the Madras High Court.

High Court, dealt with the topic, “Evidentiary Value of Scientific Tests
in Civil Cases”. He explained the various uses of the scientific tools
for deciding paternity that are useful in matrimonial and partition
cases. He also explained the procedure to be followed while ordering
DNA Test, in different proceedings and its evidentiary value vis-a-vis
presumption under Section 112 Evidence Act, based on several case
law.

Court, dealt with the topic “Transfer of Property Act 1) Transfer of
Immovable Property (Sections 38 to 53A) and 2) Gifts (Sections 122 to
129)”. The Resource person explained difficult areas where the
jurisdiction of civil Court is bared both expressly and impliedly and
also the latest trends under Section 34 of the Specific Relief Act and
the powers of the courts to pass orders, and discussed the points
under the said provision by referring to several decisions.
Mr.J.Karthic, Director, Kvell Skill School, Certified International

Trainer and Counsellor, dealt with the topic “Stress Management”. He
explained the importance of managing stress and different methods to
manage stress. He illustrated several instances, as to how stress
could be managed properly
59
PART–IV
PROGRAMMES FOR RECENTLY APPOINTED CIVIL JUDGES

OF 2015 BATCH
1. INTENSIVE TRAINING PROGRAMME FOR THE RECENTLY
APPOINTED CIVIL JUDGES
Twelve judicial officers, in the cadre of Civil Judge belonging to
2015 batch, who were appointed in the subsequent year(s), underwent
intensive training for the period from 30.04.2018 to 29.06.2018.
During the above-said period, they underwent training in the Forensic
Sciences Department, Chennai, between 30.04.2018 to 11.05.2018
and as part of this training, they visited the various sections of the
department and got orientated of the procedure in analysis of the
material objects. They also visited Central Prison, Puzhal, Chennai;
Tamil Nadu Police Training Academy, Vandalur, Chennai; and Land
Survey Department in Kancheepuram, for one day each. From
17.05.2016 to 01.06.2018, the trainee judicial officers observed the
court proceedings and attended the administration work in the
Metropolitan Magistrate Courts in Chennai. They underwent training
as interns to the Hon’ble Judges of the High Court of Madras, at the
Principal Seat, between 04.06.2018 and 29.06.2018.
Of the twelve officers, one Civil Judge Trainee (who had bar
experience for less than four years) underwent further intensive
training for a period of four weeks from 02.07.2018 to 27.07.2018, as
being attached to an Assistant Judge, City Civil Court, Chennai, and
another Civil Judge Trainee, who could not attend the orientation
programme, underwent training, as being attached to an Assistant
Judge, City Civil Court, Chennai, from 02.07.2018 to 13.07.2018.
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2. FURTHER INTENSIVE TRAINING PROGRAMME
Of the twelve officers, one Civil Judge Trainee (who had bar
experience for less than four years) underwent further intensive
training for a period of four weeks from 02.07.2018 to 27.07.2018, as
being attached to an Assistant Judge, City Civil court, Chennai, and
another Civil Judge Trainee, who could not attend the orientation
progrmme underwent training, as being attached to an Assistant
Judge, City Civil Court, Chennai, from 02.07.2018 to 13.07.2018.
PART-V
SPECIAL TRAINING PROGRAMMES

1. COLLOQUIUM ON JUDICIAL DISTRICT ADMINISTRATION:
ISSUES AND CHALLENGES
As a first programme of the year 2018-2019, a Colloquium on

Judicial District Administration: Issues and Challenges for the
Principal District Judges, Chief Judicial Magistrates, newly promoted
District Judges, and the Registrars of the High Court of Madras, was
held on 10.06.2018 at TNSJA Headquarters, Chennai, and in it, 94
officers participated.
Inaugural Session
During the inaugural session, Hon'ble Mr. Justice T.S.
Governors, TNSJA, welcomed the gathering, pointing out the
importance of administration of a judicial district which ultimately
leads to better judicial system.
A special address was delivered by Hon'ble Mr. Justice F.M.
Ibrahim Kalifulla, Former Judge, Supreme Court of India, on
Constitutional Principles and Values vis-à-vis District Judiciary and
His Lordship highlighted the evolution of Constitution and detailed the
discussion taken place in the constituent assembly, consisting of a
series of agreements and compromises. His Lordship also explained as
61
to how the rule of law is administered ever since the Constitution
came into being and touched upon the important Articles of the
Constitution, relating to freedom, equality, protection of life and
personal liberty, etc.
Inaugurating the programme, Hon'ble Ms. Justice Indira
Banerjee, Chief Justice, High Court of Madras/Patron-in-Chief,
TNSJA, spoke about the Judicial Behavior: Ethics, Neutrality and
Professionalism, and said that judges are independent and need to be
impartial and that competence can be improved only by hard work.
Her Ladyship also reminded the judicial officers of the conduct of a
judge outside the Court and its importance, and said that the mindset
of the judicial officers should be litigant-centric which enhances
access to justice and in a way, results in citizen-centric.
Proposing vote of thanks, Hon'ble Mr. Justice M. Sundar,
Judge, High Court of Madras/Member, Board of Governors, TNSJA,
touched upon the provisions of the Constitution relating to district
judiciary.
Working Sessions
The colloquium comprises four working sessions and each
session was chaired by a sitting Hon’ble Judge of the High Court of
Madras.
Hon'ble Mr. Justice T.S. Sivagnanam chaired the session on
Sensitivity on Impact of Arrears and Best Practices and Use of
Technology for Arrears Reduction, and Mr. C. Kumarappan, Registrar
(IT-cum-Statistics), High Court of Madras, and Mr.K.Srinivasa
Raghavan, State Informatics Officer, National Informatics Centre,
spoke about the progress of e-Courts project and the initiatives taken
from time to time to strengthen the information and communication
technology system in the district judiciary.
Session-II on Effective Co-ordination with Judicial Officers, Staff,
Advocates, and Government and Police Authorities, was chaired by
Hon'ble Mr. Justice P.N.Prakash, Judge, High Court of
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Madras/Member, Board of Governors, TNSJA, and in this session, the
challenges being faced by the stakeholders of the judicial system and
the opportunities to overcome such challenges were discussed. Mr.
Vijay Narayan, Advocate General, Tamilnadu, Dr. A.K.Viswanathan,
I.P.S., Commissioner of Police, Greater Chennai Police, and Mr.
R.Sakthivel, Registrar General, High Court of Madras spoke about the
respective roles of the stakeholders in the justice dispensation system.
Importance of timely sending of number statement, annually,
was stressed by Hon'ble Mr. Justice C.V. Karthikeyan, Judge, High
Court of Madras/Member, Board of Governors, TNSJA, who chaired
the session on Budgeting, Funds Management and Auditing, and Mr.
H. Krishnan Unni, IAS, Deputy Secretary, Finance Department,
Government of Tamilnadu, spoke in detail the Treasury Code and the
practice and procedure being followed by the Government.
The session on Adjudication through ADR Methods: Legal Aid
and Access to Justice, was handled by Hon'ble Mr. Justice N.
Seshasayee, Judge, High Court of Madras, and in the session,
Hon'ble Mr. Justice G.M. Akbar Ali, Former Judge, High Court of
Madras, and Mr.D.Bharatha Chakravarthy, Senior Mediation Trainer,
Mediator and Advocate, spoke and during the session, the necessity of
invoking Section 89 C.P.C. was emphasised. The judicial officers were
also called upon to invoke the alternative dispute resolution
mechanisms for finding permanent solution to the disputes.
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2. ONE-DAY SPECIAL EVALUATION PROGRAMME ON
JUDGMENT WRITING AND OTHER SKILLS FOR CIVIL
JUDGES
A first-ever Special Evaluation Programme on Judgment Writing
and Other Skills for Civil Judges belonging to 2015 Batch was
organised on 30th June, 2018, and 01st July, 2018, at TNSJA
Headquarters, Chennai, for the two groups of judicial officers,
separately.
Before the programme was conducted, two judgments from each
of the judicial officers in the cadre of Civil Judge belonging to 2015
batch, were requisitioned and they were evaluated on various
parameters, by the Director and the Deputy Directors of TNSJA, and
the judgments were graded as average, satisfactory, good and very
good. During the programme, each judicial officer had a one-to-one
meeting with the Director/Deputy Director and during that meeting,
the judicial officers were apprised of his/her strengths and
weaknesses and they were also given ideas and thoughts as to how to
improve their judgment-writing skills in future.
Hon'ble Mr. Justice T.S.Sivagnanam, Hon'ble Dr.Justice
G.Jayachandran, Hon'ble Mr. Justice C.V.Karthikeyan, and
Hon'ble Mr. Justice N.Sathish Kumar, Judges, High Court of
Madras/Members, Board of Governors, TNSJA, gave introduction and
overview of the programme and their Lordships laid an emphasis that
the amount of knowledge, a judicial officer possesses, must reflect in
judgment-writing and that all the skills, knowledge and intelligence
could be utilised in a better manner to discuss the issues and charges,
as the case may be, and find solutions and that ultimately, for any
judge, what matters most is judging matters.
Mr.M.Vallinayagam, Senior Advocate, Madurai Bench of Madras
High Court, handled a session on Framing of Issues and Appreciation
of Evidence in Civil Cases, Mr.K.Sukumaran, Advocate,
Kumbakonam, took a session on Framing of Charges and Appreciation
64
of Evidence in Criminal Cases and that during the respective sessions,
the resource persons took the participants through the various legal
positions relating to judgment-writing and other aspects and also the
importance of questioning the accused under Section 313 Cr.P.C.
At the end of each day, the outcome of the one-to-one meeting
was discussed at length and the queries from the participant-judicial
officers were answered and their feedback obtained.
Hon'ble Mr. Justice M. Dhandapani, Judge, High Court of
Madras, also spoke during the training programme.
3. WORKSHOP ON PREVENTION OF MONEY LAUNDERING ACT
In association with the Enforcement Directorate, Ministry of

Finance, Government of India, a day-long workshop was organised on
Prevention of Money Laundering Act, on 8th July, 2018, at TNSJA
Headquarters, Chennai, and in the programme, 75 judicial officers
and 5 public prosecutors, and in all 80, participated.
Inaugural Session
Mr.G.Chandrasekharan, Director, Tamil Nadu State Judicial
Academy, delivered welcome address, enumerating the efforts taken by
TNSJA to organise the programme, in association with the
Enforcement Directorate.
Mr.Karnal Singh, I.P.S., Director, Enforcement Directorate, New
Delhi, gave a special address and spoke about the evolution of the
Money Laundering Law and its history and said that many countries
in South Asia are not implementing anti-terror initiatives, and the
money laundered are used in terrorist and other heinous activities.
Inaugurating the workshop, Hon'ble Mr. Justice S.
Manikumar, Judge, High Court of Madras/President, Board of
Governors, TNSJA, said that the activities of money laundering, having
adverse economic effects, damage the financial institutions which are
critical to economic growth, in view of the fact that large amount of
65
money obtained illegally, is given the facade of having a legitimate
source, in the process of money laundering, which is a serious threat
to global financial system and governance and this illegal activity is
also boosting international crimes and terrorist activities.
Underscoring the need for implementing the legal, regulatory and
operational measures for combating money laundering, terrorist
financing and other related threats to the integrity of the international
financial system, His Lordship called upon the participants comprising
judicial officers and public prosecutors to follow the legal provisions,
and the rules and regulations, in a constructive manner so as to see
that such heinous activity is curbed to a large extent.
Mr.K.S.V.V.Prasad, I.R.S., Joint Director, Enforcement
Directorate, Chennai proposed vote of thanks.
Working Sessions
There were three working sessions and each session was chaired
by a sitting judge of the High court of Madras. Session-I on Money
Laundering Law: History, Need and Working was chaired by Hon'ble
Dr. Justice G.Jayachandran, Judge, High Court of Madras/Member,
Board of Governors, TNSJA, and in it, Mr. Karnal Singh, I.P.S.,
spoke. During the session, the various stages, like placement,
layering, and integration, were discussed, and so also the modes of
stashing the money, viz. domestic, returning, inbound, outbound, and
flow-through. The structure of the authorities under the statute was
also explained.
Session-II on Money Laundering Law: Salient Features and
March of Law was chaired by Hon'ble Mr. Justice P.N.Prakash,
Judge, High Court of Madras/Member, Board of Governors, TNSJA,
and Mr.A.C.Singh, Deputy Legal Advisor, Enforcement Directorate,
New Delhi, highlighted the important features of the enactment and
the recent judgments on various aspects of the law, delivered by the
higher courts of the country, were also discussed.
66
The last session on Strict Enforcement of Money Laundering
Law: Role of Stakeholders and Challenges was chaired by Hon'ble
Mr.Justice M.Dhandapani, Judge, High Court of Madras, and in this
session, Mr.G.Rajagopalan, Additional Solicitor General of India,
Chennai and Mr.A.C.Singh, Deputy Legal Advisor, Enforcement
Directorate, New Delhi, spoke, and the former listed the initiatives and
efforts taken by the Government of India in curbing the menacing
activities of money laundering.
Valedictory Session
During the valedictory session, Mr. Karnal Singh, I.P.S. gave
the scope of investigation done by the predicate agencies, like Central
Bureau of Investigation, and the reasons for filing final report with
delay. Hon'ble Mr. Justice S.Manikumar, offered valedictory address
by stating that the programme evaluation details obtained from the
participant-officers are analysed by TNSJA, so as to incorporate any
new topics in the future programmes to improve the content of the
programmes better.
4. ONE-DAYORIENTATION PROGRAMME ON ADOPTION,

GUARDIANSHIP AND JUVENILE JUSTICE
In collaboration with the Indian Council for Child Welfare, an

Orientation Programme on Adoption, Guardianship and Juvenile
Justice was held on 5th August, 2018, at TNSJA Headquarters,
Chennai, for the District Judges, numbering 52.
Inaugural Session
Mr.G.Chandrasekharan, Director, Tamil Nadu State Judicial

Academy welcomed the gathering.
Mr. Job Zachariah, Chief of UNICEF, Chennai, giving special
address, said that there is scope for the children to be placed in social
mainstream and that the neighbouring state of Kerala is a model of
67
foster care and that such mechanism for the better care and
protection of children need to be followed.
Hon’ble Mr. Justice K. Chandru, Former Judge, High Court of
Madras, referring to the Directive Principles of State Policy of the
Constitution of India, under Articles 39(e) and (f) and 45, said that a
legislative change conferring the order of adoption on the District
Magistrate, has been proposed.
Hon'ble Mr. Justice S. Manikumar, Judge, High Court of
Madras/President, Board of Governors, Tamil Nadu State Judicial
Academy/Chairman, Juvenile Justice Committee, inaugurating the
programme, said that TNSJA has been conducting programmes on
women and children as often as possible. Referring to the
Lakshmikanth Pandey case, where timeline was fixed for early disposal
of adoption cases, His Lordship spoke about the importance of Section
61 of the Juvenile Justice (Care and Protection of Children) Act, 2015,
which the courts should bear in mind before passing adoption order,
and also enumerated the steps being taken by the Juvenile Justice
Committee at the High Court of Madras – the recent one was to involve
the School Education Department to draw a calendar of programmes
to create awareness and sensitivity among the children as well as the
teachers on the importance of safeguarding the interests of children.
Mrs. Andal Damodaran, President, ICCW, Tamilnadu proposed
vote of thanks.
Working Sessions
Hon'ble Mr. Justice P.Rajamanickam, Judge, High Court of
Madras/Member, Juvenile Justice Committee, during the session on
Adoption of Children in India (Past and present) with reference to Laws
and Guidelines, explained the significance of Sections 58 and 59 of the
Juvenile Justice Act dealing with in-country adoption and inter-
country adoption, respectively, of orphan, abandoned and surrendered
children.
68
Mr. S.Thanasekarapandian, Joint Director, Department of
Social Defence, handled a session on Role of CWC, Specialised
Adoption Agency and State Adoption Resource Authority, while Mrs.
Chandra Devi Thanikachalam, Vice President, ICCW, Tamilnadu,
spoke about the Scrutiny of Adoption Cases and explained the tasks to
be performed by the adoption scrutinizing agencies and the purpose of
home visit.
Hon’ble Mr. Justice K. Chandru, Former Judge, High Court of
Madras, illustrated the challenges being faced by the courts in
guardianship matters, with special emphasis on curtailing the delay in
disposing of cases, while Hon'ble Mrs. Justice R. Hemalatha, Judge,
High Court of Madras/Member, Juvenile Justice Committee, gave an
outline of the challenges in Juvenile Justice with specific reference to
the recent amendments and its effects on adoption.
An open house discussion was held at the end of the working
sessions.
5. SPECIAL TRAINING PROGRAMME ON RECENT TRENDS IN

CHEQUE BOUNCING CASES
The judicial officers in the cadre of Civil Judge, numbering 36,

participated in the Special Training Programme on Recent Trends in
Cheque Bouncing Cases, held on 18.08.2018.
Mr. V. Sivakumar, Senior Advocate, Coimbatore, dealt with the

topic on Proceedings under Section 138 of Negotiable Instruments Act:
Techniques for early disposal. The Resource Person explained the
ingredients of Sections 138, 142 to 145, and 147 of the Act, took the
participants through the various provisions of the Cr.P.C and Indian
Penal Code. He emphasised the officers to cut short long
adjournments and to have a hold over the day-to-day proceedings.
A group discussion was held, where the participant-judicial

officers, forming several groups, discussed the practical problems
69
being faced by them in courts and the judgment in K. Senthilmurugan
vs P. Sathishkumar [2018 (2) MWN (CRL) DCC 56 (MADRAS)], and
thereafter one representative from each group made presentation.
The session on Mr. M. Sanjaiyan, Senior Advocate, Coimbatore,

spoke about the precedents and recent trends in the law, pointing out
the importance of Sections 251, 258, and 264 of Cr.P.C. and
discussing the various provisions of the Indian Penal Code, and the
fundamental concepts, like appreciation of evidence, burden of proof,
misuse of cheque, summons trial, and sentence of imprisonment.
The session on Cheque Bouncing Cases: Banker’s Perspectives

was handled by Mr. Kunal Kishor, Chief Manager(Law), Indian Bank,
Zonal Office, Coimbatore. In this session, the resource person took the
participants through various rules regarding the Negotiable
Instruments Act and the Reserve Bank of India Regulations in the
matter and also explained the practice followed by the banks where
cheque is issued to the account-holder, deposited, honoured, and all
other stages, when the instrument passes through.
6. TRAINING PROGRAMMES ON CYBER LAW, CYBERCRIMES,

ELECTRONIC EVIDENCE, AND OTHER ASPECTS OF
INFORMATION TECHNOLOGY, AT JUDICIAL DISTRICTS'
HEADQUARTERS
In pursuance of the direction of the e-Committee of the Supreme

Court of India, it was decided by the Hon’ble Governing Body of the
Tamil Nadu State Judicial Academy to conduct a training programme
on Cyber Law and Cybercrimes, Electronic Evidence and other aspects
of Information Technology, at each District Headquarters from
13.08.2018 to 06.10.2018, for the judicial officers functioning in the
respective districts, with the services of Mrs.R.Arulmozhiselvi, Sub
70
Judge, Avinashi, as resource person, who, earlier, underwent training
at the Sardar Vallabhbhai Patel National Police Academy, Hyderabad.
The programme was conducted in each judicial district
headquarters for two hours between 6.00 p.m. to 8.00 p.m. after
closure of court hours and during the programme, the topics on
Overview of Cybercrimes and Cyber Law, Digital Evidence: Pre-trial
and Post-trial Stages, Courtroom Practice: Trial Stage and Handling
Electronic Evidence, and Appreciation and Admissibility of Electronic
Evidence, were covered.
7. SENSITISATION PROGRAMME ON JUVENILE JUSTICE LAW

In the day-long Sensitisation Programme on Juvenile Justice
Law, held on 19.08.2018 at TNSJA Regional Centre, Madurai, 33
judicial officers, 31 District Child Protection Officers, 34 Probation
Officers, and 5 State Juvenile Police Unit Officials – in all 103 – took
part.
During the first session, Dr.S.Elumalai, Assistant Professor,

Tamil Nadu Dr.Ambedkar Law University, took an overview of the
Juvenile Justice Act, 2015, explaining the powers and responsibilities
of the Juvenile Justice Boards, the District Child Protection Officers
and the Probation Officers under the Act.
Mr. S.Thanasekarapandian, Joint Director, Department of

Social Defence, spoke about the role of Probation Officer, District
Child Protection Officer, and Child Welfare Committee, in Juvenile
Justice Delivery System, and their responsibilities to identify proper
and effective rehabilitation machineries for the children in conflict
with law.
Dr. M.Selvi, Consultant Clinical Psychologist, dealt with the

topic on the Psychological Aspects in dealing with Juveniles and the
71
Preliminary Assessment under Section 15 of Juvenile Justice Act,
2015. She detailed the characteristics of the children who get into
conflict with law, explaining the procedures followed to assess the
mental capacity of the juveniles.
A group discussion on effective implementation of the objectives

of the Juvenile Justice Act, 2015, was held and the representatives of
the groups presented their views.
8. WORKSHOP ON ANTI-CORRUPTION LAW: PRACTICE AND

PROCEDURE
The District Judges and the Senior Civil Judges, in all 55,
handling corruption cases, participated in the workshop on Anti-
Corruption Law: Practice and Procedure, held on 25.08.2018 at TNSJA
Regional Centre, Madurai.
Mr. K.Sukumaran, Ex. Public Prosecutor/Advocate,

Kumbakonam, dealt with the topic on Salient features of Prevention of
Corruption Act, 1988, and the Recent Amendments. The important
provisions of the Old Act and the corresponding amendments made
recently, were explained in detail. He also referred to several
authorities dealing with the important provisions of the Act.
Mr. K.Shanmugam, ADSP, Directorate of Vigilance and Anti-

Corruption, handled the session on Practical Aspects of Investigation
of Anti-corruption Cases. He along with the team of his department
personnel demonstrated, by way of enacting a drama, the various
stages and procedures adopted in trap cases.
Mr. K.S.V.V.Prasad, Joint Director, Directorate of Enforcement,

Chennai, took the session on Prevention of Money Laundering Act,
2002: An Overview. He explained the functioning of the Enforcement
Directorate and the importance of the said Act, and spoke about the
72
modus operandi adopted by the perpetrators of crimes in laundering
money.
Group Discussion and Presentation on speedy disposal of Anti-

corruption cases, was held at the end of the programme.
9. SEMINAR ON EMERGING TRENDS IN CYBER LAW AND

ARTIFICIAL INTELLIGENCE: IMPACT ON INVESTIGATION
AND ADJUDICATION
For the first time, a programme on Artificial Intelligence, having
been incorporated in the annual calendar, was held on 30th
September, 2018, at TNSJA Headquarters, Chennai, and 75 judicial
officers took part in the programme.
Hon'ble Mr. Justice C.V. Karthikeyan, Judge, High Court of
object of the programme, said that artificial intelligence system is
making inroads into every walk of life and the impact is now felt more
in medical science for diagnosis and that the AI system analyses big
data and gives solution and that the day is not far off when such
systems will have a greater role in the judicial system.
Mr. V. Balu, Advocate, High Court of Madras, handled the
session on Electronic and Digital Evidence: Importance of Procedural
Aspects in Trial Proceedings, while Dr.R.Baskaran, Associate
Professor, Department of Computer Science and Engineering, Anna
University, Chennai, took a session on Awareness of Artificial
Intelligence and Legal Perspectives.
The session on Recent trends in, and Investigation of, Cyber
Crimes was taken by Mr.Praveen Kumar Abhinapu, I.P.S.,
Superintendent of Police, CBCID, Chennai, who, during the session,
highlighted the aspects relating to investigation of cybercrimes and the
challenges the investigating officers face during investigation. He also
shared his experience of investigating important cases of cybercrimes.
73
An overview of Cyber Forensics was taken by Mr.K.Manivannan,
Assistant Director, Computer Forensics Division, Forensic Sciences
Department, Chennai. He detailed the practice and procedure followed
in the forensic laboratory as regards the forensic analysis of digital
evidence. He also requested the judicial officers to follow certain
precautions before sending the electronic data and devices for forensic
examination.
10. WORKSHOP ON CASES UNDER RAILWAY PROPERTY

(UNLAWFUL POSSESSION) ACT AND RAILWAYS ACT
In the Annual Calendar 2018-2019, for the first time, an

exclusive programme on Cases under the Railway Property (Unlawful
Possession) Act and the Railways Act was included and in this
programme held on 27th October 2018, at TNSJA Headquarters,
Chennai, the judicial officers, numbering 70, dealing with these Acts
were the participants.
Hon'ble Mr. Justice Abdul Quddhose, Judge, High Court of
Madras/Member, Board of Governors, TNSJA, spoke about the
importance of judicial ethos and said that judicial knowledge must
include legal and non-legal things, ethics and conduct. His Lordship
called upon the judicial officers to follow the Bangalore Principles in
letter and spirit and reminded the participants that mutual
involvement between the resource persons and the participants makes
the latter understand the subject better.
Mr.C.S. Santhosh, Assistant Public Prosecutor, Southern
Railway, Madurai Division, took the participants through the
important legal provisions as envisaged in the Railway Property
(Unlawful Possession) Act and the Railways Act and explained the
significance of the enactments by stating that the RPF officials are not
legally called as police officials and thus, the statements and the
confessions recorded by them during enquiry are admissible in
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evidence. The inquiry aspects in the cases under the aforesaid Acts
were well-explained by Mr.P.Ponraj, Security Commissioner, Southern
Railway Headquarters, who shared his experience of enquiring into
some of the important cases.
Dr. S.T.Venkateswaran, Head of Department, Department of
Yoga, Government Yoga and Naturopathy Medical College, Chennai,
took a session on Lifestyle and Stress Management.
11. WORKSHOP ON LAWS RELATING TO CHILDREN:

CHANGING PERSPECTIVES FOR PRESIDING OFFICERS
DEALING WITH CHILDREN CASES
44 judicial officers in the cadre of District Judge and Civil Judge

participated in the two-day workshop held on 10.11.2018 and
11.11.2018 at TNSJA Regional Centre, Coimbatore.
Dr. S.Elumalai, Assistant Professor, Tamil Nadu Dr. Ambedkar

Law University, elaborately discussed the Salient Features of Juvenile
Justice (Care and Protection of Children) Act, by tracing its history,
scope and objectives. The role of Judiciary in the development of law
for the care and protection of children, who are in conflict with law,
was also explained with clarity through various decisions of the
Supreme Court and the various High Courts. The concept of
rehabilitation and social reintegration was also highlighted.
Dr. A. Selvaraj, Professor, Govt. Arts College, Coimbatore,

handled the topic on Conducting Preliminary Assessment – Practical:
An Overview, and deftly explained the factors that are to be looked into
while analysing a child’s behavior. The various stages of development
in the psychological aspects of a child, starting from child to
adolescence and the difference between development and maturing of
the emotional, social and physical characteristics, were the other
issues touched upon by the resource person.
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The session on Concerns and Challenges relating to Protection of
Children from Sexual Offences Act, 2012: (a) Procedure relating to
remand, and recording statements of victim and witness under Section
164 Cr.P.C., and (b) Appreciation of Evidence, was handled by Mr. M.
Madhivanan, Advocate, Coimbatore, who pointed out the scope and
object of the Act and the significance of Sections 161 to 165 of Cr.P.C.
Mrs. Sarah Angeline James, Legal Officer, International Justice

Mission, along with Ms. Roseann Rajan, Advocate, High Court of
Madras, took the session on The Child Labour (Prohibition and
Regulation) Act and Bonded Labour System (Abolition) Act. The
Resource Persons elaborately discussed the subject of human
trafficking in the light of section 370 IPC.
Mrs. T. Vijayalakshmi Menon, Member, Child Welfare

Committee, took the session on Commissions for Protection of Child
Rights Act, 2005: An Overview. She discussed the subject of child
right and the concept of rehabilitation and social reintegration.
Mr. A. Velmurugan, Deputy Superintendent of Police,

Coimbatore, handling the topic on Investigation of Offences involving
Children as Victims/Witnesses/Offenders, explained the procedures in
handling juvenile victims with respect to the POCSO Act. He dealt
with the procedures of District Child Care Protection Unit and the role
of Special Juvenile Police Unit (SJPU) with respect to children in need
of care and protection. He also discussed the following topics:
determination of age of juveniles, role of police while dealing with
victims of child sexual abuse, procedures for producing children
before the Child Welfare Committee, procedures to be followed with
respect to missing children, procedures to be followed in case of child
labour, procedures to be followed in case of child marriage, and child
trafficking.
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The session on Adoption under the Juvenile Justice (Care and
Protection of Children) Act, was handled by Dr. Augustus Samuel
Dodd, Grace Kennett Foundation, Madurai. The role of Judiciary and
the court procedure for adoption of child, was discussed during the
session. The Resource Person touched upon both in-country adoption
and inter-country adoption.
12. SEMINAR ON LABOUR LAW: PROBLEMS AND

PERSPECTIVES
The district judges, dealing with the cases relating to labour law
and industrial disputes, numbering 53, participated in the one-day
Seminar on Labour Law: Problems and Perspectives, held on
17.11.2018 at TNSJA Headquarters, Chennai.
Hon'ble Mr. Justice N. Sathish Kumar, Judge, High Court of
object of the programme, touched upon very many issues where the
judicial officers are required to concentrate on, so that the process of
learning and the application of knowledge will be better.
Mr. S. Ravindran, Senior Advocate, High Court of Madras, said
that labour jurisprudence transformed from pro-labour regime to the
present regime where the rights of the labourers are very hard to win
and that the types of issues which the workers get involved in, are
collective and individual. He referred to the important legal provisions
as contemplated in the Industrial Dispute Act. Illustrating a case, he
informed that the present industrial unrest defied solution through
conciliation proceedings and ultimately, it was resolved by the district
administration.
Mr. S. Senthilnathan, Advocate, High Court of Madras, referred
to the important decisions of the Supreme Court and the Madras High
Court in labour jurisprudence, while Mrs.S.Kalaivani, Additional
Commissioner of Labour (Retd.), Government of Tamilnadu, shared
her experience as a labour officer and a conciliation officer and she
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spoke about the state of industrial climate having impact on labour
issues, the functioning of work committees and the challenges
involved in conflict management.
13. SPECIAL TRAINING PROGRAMME ON MOTOR ACCIDENT

CLAIMS CASES
One-day Special Training Programme on Motor Accident Claims

for District Judges and Senior Civil Judges, was conducted on
18.11.2018, at TNSJA Regional Centre, Coimbatore, and in it, 49
judicial officers participated.
Mr. S. Srinivasa Raghavan, Advocate, Madurai Bench of

Madras High Court, dealt with the topic on Distinction Between No
Fault Liability and On Fault Liability under the Motor Vehicles Act,
explaining all the basic concepts involved in the law of insurance
relating to motor vehicles and the limits of the liability of an insurer.
He took the participants through all the latest developments and
explained the difference between no fault liability claim under section
140 and on fault liability claim under section 166 of the Act. Liability
of the insurer with respect to gratuitous passengers, mini door auto,
tractor trailer and rig lorry, were also lucidly explained.
The topic on Second Schedule to Section 163A of the Motor

Vehicles Act: Scope of recent amendment, was also handled by Mr. S.
Srinivasa Raghavan, Advocate, Madurai Bench of Madras High Court.
He said that certain procedures are to be taken into consideration,
while claiming liability under Second Schedule to Section 163A of M.V.
The difference between Sections 140 and 163A was also highlighted.
Dr. B.Palanisamy, Physiatrist, Civil Assistant Surgeon,

Coimbatore Medical College Hospital, dealt with the session on
Accidents, Injuries, Trauma, Pain and Suffering: Assessment of
Disability, elaborately discussing the subject of assessment of
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disability and explaining the nature of injuries that are likely to be
caused in a motor accident and how the disability is calculated
depending on the injuries suffered. He threw much light on the
procedure in case of disability certificate. permanent physical
impairment disability, visual disability, loco motor disability,
assessment of loss of earning capacity, multiple disability and the
guidelines for evaluation of disabilities. The telescopic formula for
calculating disability A+B(90-A)/90 was also explained.
14. JUDICIAL COLLOQUIUM ON ANTI-HUMAN TRAFFICKING
A one-day Judicial Colloquium on Anti-Human Trafficking was

organised by the Tamil Nadu State Judicial Academy (TNSJA), in co-
ordination with the Ministry of Home Affairs, Government of India,
and the Police Department, Government of Tamilnadu, on 24.11.2018,
at TNSJA Headquarters Chennai, and in it, 52 judicial officers in the
cadres of District Judge, Senior Civil Judge, and Civil Judge, 44 Police
Officers, 6 Government officials, and 4 Representatives of the Non-
Governmental Organizations, – in all, 106 participated.
Mr. Amaraesh Pujari, I.P.S., Additional Director General of

Police, CBCID, Tamilnadu, giving scope and object of the programme,
stated that anti-human trafficking is a form of modern-day slavery and
it has taken several dimensions and the activities of perpetrators are
nefarious and notorious. He has also pointed out that technology is
also giving greater aid to the persons involved in such criminal
activities, while urging that the awareness as regards the menace of
anti-human trafficking has to be built up among not only the
stakeholders, but also the general public.
Inaugurating the programme, Hon’ble Mr. Justice

C.V.Karthikeyan, Judge, High Court of Madras/Member, Board of
Governors, TNSJA, said that the objective of the programme, is to
sensitise the participant-officers on the perils of our social system,
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where thousands of women and children are trafficked for sex, labour
and organ trade. His Lordship expressed his concern on the increase
of anti-social activities in the trade of trafficking women and children,
which are detrimental to the social fabric of our country. His Lordship
also referred to the statistics vis-à-vis human trafficking as brought
out by the National Crime Records Bureau for the year 2016 and
stated that the statistics gives a grim picture as to the state of affairs
of our country on this aspect. Though there are various legislations
prescribing tough penalties to the perpetrators, there is still lack of
implementation mechanism, which need to be strengthened, His
Lordship said, while urging the judicial officers and other stakeholders
to put into practice a better adjudication process, and investigation
and rescue mechanisms and calling upon the participants to utilise
the opportunity to gain knowledge on these aspects.
Dr. P.M.Nair, I.P.S. (Retd.), Chairperson, Centre for Police

Studies and Public Security, Tata Institute of Social Sciences,
Mumbai, spoke about the Concepts, Dimensions, Responses,
Challenges and Innovations in Anti-Human Trafficking. He made
greater insights into the issues as relating to human trafficking and
other issues connected therewith and incidental thereto. The tentacles
of the nefarious activities has assumed greater proportions year after
year, he said. He also highlighted the importance of strengthening the
investigation mechanism, more particularly, so that the consecutive
stages of legal process will take its right way, so as to see that the
perpetrators of such crimes are brought to book and put behind bars,
by way of increasing the rate of conviction. All the stakeholders of the
system, who are associated with the issues of anti-human trafficking,
need to be sensitized and must be aware of the damage being caused
to the society by the criminals indulging in such activities. He called
upon the participants to exchange their views for strengthening the
80
system and the process, as only by way of collective efforts, things
could be done at a satisfactory level.
Mr. Anoop Jaiswal, I.P.S. (Retd.), Former Director General of

Police, Tamilnadu, dealt with the session on Human Trafficking vis-à-
vis Human Rights. He took the participants through the evolution of
human rights and the intrinsic relationship between human rights
and human trafficking. He pointed out that there are transnational
dimensions of such activities and reminding the participants of the
fact that life is larger than law, and that one must be socially sensitive
so that solution could be found to the problems the country is
entangled with. He also said that in any organised crime, such as anti-
human trafficking, criminal is identified first and then the crime,
unlike the conventional crime where crime is identified before
criminal.
The session on Effective Implementation of the Practice and

Procedure relating to Investigation, Prosecution and Adjudication in
Human Trafficking Cases, was handled by Mr. Bhuwan Ribhu,
Bachpan Bachao Andolan, New Delhi, who dealt with the issues and
challenges the children, particularly those illiterate, abandoned,
orphan and trafficked, are facing. He also referred to several real-time
instances where children got into the hands of anti-social elements
and said that getting the children escape from their clutches is very
difficult. Pointing out that billions and billions of dollars are involved
in human trafficking, he prevailed upon the participants to do better
by way of enforcing the legal provisions in a strict manner so that
future leaders, who are the children now, can be cared, safeguarded
and protected.
At the end of the day-long programme, an open house discussion

was held, where the participants exchanged their views and opinions
on the issues being faced by them and the participants found the
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sessions on various topics, and the discussion and interaction, useful
and beneficial to their day-to-day work involving such cases.
Mr. R. Raja Srinivas, Deputy Superintendent of Police, CBCID,

Juvenile Justice Unit, Tamilnadu, proposed to vote of thanks.
15. SEMINAR ON FOREST LAWS: NEED FOR STRINGENT

ENFORCEMENT AND APPLICATION FOR PRESIDING
OFFICERS DEALING WITH FOREST CASES
The presiding officers of courts dealing with forest cases,

numbering 43, took part in the one-day Seminar on Forest Laws, was
held on 24.11.2018, at TNSJA Regional Centre, Coimbatore.
Mr. K. Kalidasan, President, Osai Environmental Organization,

Coimbatore, dealt with the topic on Safeguarding Forests, Wildlife and
Biodiversity: Role of Courts, speaking about the biosphere,
conservation of forests, wildlife, sources of river, deforestation, global
warming, greenhouse effects and indiscriminate killing of wildlife. He
pointed out that out of the 18 biodiversity hotspots in the world, India
has two and they are Eastern Himalayas and Western Ghats. He
discussed about the various species living in the Western Ghats and
explained the consequences of the destruction happening in animal
habitats.
The topic on Animal Behavior and ecology – Anatomical and

social behavior of herbivores and carnivores – Man-animal conflict –
Corridor fragmentation, was handled by Dr. N. Kalaivanan, Veterinary
Assistant Surgeon, Theni. He discussed the types of elephants,
elephant family group, feeding, elephant habitats, genuine elephant
tusk, man-elephant conflict.
Mr. D. Venkatesh, I.F.S., District Forest Officer, Coimbatore,

detailed the problems relating to handling forest and wildlife offences
including trial in court, the problems and hurdles faced while booking
offences, and the legal procedure for detection and eviction of
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encroachment in forest areas. He also lucidly explained the
ingredients of the Sections 9, 29, 39 and 54(1) of the Wildlife
(Protection) Act, and highlighted the importance of Sections 4, 11, 16
and 49 of the Indian Forest Act, and explained the legal issue of
encroachment of forest land by the private persons.
Group discussion on Safeguarding Forests, Wildlife and

Biodiversity: Role of Courts, was held and the judicial officers
presented their views and opinion.
16. STATE CONSULTATION ON FAMILY LAWS
A one-day State Consultation on Family Laws was held on

24.11.2018 at TNSJA Regional Centre, Madurai, and in the
programme, 58 judicial officers in the cadres of District Judge, Senior
Civil Judge, and Civil Judge took part.
Hon’ble Mr.Jutice T.S.Sivagnanam, Judge/Chairman,

Committee for Sensitisation of Family Court Matters, High Court of
Madras/Member, Board of Governors, TNSJA, spoke about enhancing
judicial skills: (1) understanding conflicts in relationship; (2) services
of counsellors, welfare experts, medical experts and NGOs; and (3) the
art of thinking out of box. His Lordship explained the essential judicial
skills that require to be enhanced and the five main causes for
conflict, emphasised the importance of understanding the conflict in
relationships and to find out the ‘epicentre’ of the problem for proper
reconciliations of conflicts, and discussed the methods as to how to
solve the conflicts.
Mrs.B.S.Ajeetha, Advocate, High Court of Madras, elaborately

discussed the procedure relating to execution of maintenance/alimony
orders, reconciliation and settlement culture: ADR. She explained the
importance of passing enforceable orders in family disputes and the
problems and difficulties the courts are facing while executing alimony
83
orders. She also explained the necessity to improve the infrastructure
of family courts that would help in resolving the conflicts easily. She
also referred to various decisions of the Supreme Court and the High
Courts, propounding principles for granting maintenance.
Mr.S.Srinivasa Raghavan, Advocate, Madurai Bench of Madras

High Court, discussed in detail as to how to tackle multiple legal
disputes regarding divorce, judicial separation, restitution of conjugal
rights, adoption, the procedure as regards maintenance under Section
125 Cr.P.C., the procedure relating to Protection of Women from
Domestic Violence Act, Section 498-A Indian Penal Code, and Dowry
Prohibition Act. He explained the important role of a Family Court
Judge to control desperate emotions and the importance of
sensitisation of all the stakeholders to avoid multiplicity of
proceedings. He also requested the participants to improve the
possibilities of granting gag orders and injunctions against filing of
other proceedings without permission of the family court where the
main case is pending.
Mrs.N.Chitra, Psychologist, Madurai, took a session on (1)

Understanding Child Welfare Practices: Children’s Welfare and Best
Interests; (2) Child Custody and Visitation Rights including Interim
Custody; and (3) Shared Parenting: Every kid needs both parents. She
explained the various aspects and different issues that have to be
considered while dealing with matrimonial disputes. She circulated a
problem and discussion on various possibilities of granting suitable
orders regarding custody, visitation rights and shared parenting,
keeping in mind the welfare of child and its best interests, was held.
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17. ONE-DAY SPECIAL EVALUATION PROGRAMME ON
JUDGMENT WRITING AND OTHER SKILLS FOR CIVIL
JUDGES
A one-day Special Evaluation Programme on Judgment Writing
and Other Skills for Civil Judges belonging to 2012 Batch was
organised on 30th March, 2019, and 31st March, 2019, at TNSJA
Headquarters, Chennai, for the two groups of judicial officers,
separately.
Before the programme was conducted, two judgments from each
of the judicial officers in the cadre of Civil Judge belonging to 2012
batch, were requisitioned and they were evaluated on various
parameters, by the Director and the Deputy Directors of TNSJA, and
the judgments were graded as average, satisfactory, good and very
good. During the programme, each judicial officer had a one-to-one
meeting with the Director/Deputy Director and during that meeting,
the judicial officers were apprised of his/her strengths and
weaknesses and they were also given ideas and thoughts as to how to
improve their judgment-writing skills in future.
Hon'ble Mr. Justice C.V.Karthikeyan, Hon'ble Mr. Justice
N.Sathish Kumar, High Court of Madras/Members, Board of
Governors, TNSJA, Hon'ble Mr. Justice N. Seshasayee, Judge, High
Court of Madras, gave introduction and overview of the programme
and their Lordships laid an emphasis that the amount of knowledge, a
judicial officer possesses, must reflect in judgment-writing and that all
the skills, knowledge and intelligence could be utilised in a better
manner to discuss the issues and charges, as the case may be, and
find solutions and that ultimately, for any judge, what matters most is
judging matters.
Mr.M.Vallinayagam, Senior Advocate, Madurai Bench of Madras
High Court, handled a session on Framing of Issues and Appreciation
of Evidence in Civil Cases, while Mr.K.Sukumaran, Advocate,
85
Kumbakonam, took a session on Framing of Charges and Appreciation
of Evidence in Criminal Cases and that during the respective sessions,
the resource persons took the participants through the various legal
positions relating to judgment-writing and other aspects and also the
importance of questioning the accused under Section 313 Cr.P.C.
At the end of each day, the outcome of the one-to-one meeting
was discussed at length and the queries from the participant-judicial
officers were answered and their feedback obtained.
18. WORKSHOP ON SPECIAL PROCEDURE RELATING TO
NDPS CASES
34 judicial officers in the cadre of District Judge participated in
the one-day workshop held on 16.03.2019 at TNSJA Regional Centre,
Coimbatore.
Hon’ble Dr. Justice G. Jayachandran, Judge, High Court of

Madras, chaired the sessions. on (1) Narcotic Drugs and Psychotropic
Substances Act, 1995: An Overview, and (2) Presumption of Culpable
Mental State vis-à-vis Reverse Burden of Proof”. His Lordship, lucidly
explained the ingredients of Sections 2, 7, 14, 35, 36 and 67, of NDPS
Act, the provisions relating to search and seizure. The difference
between small quantity and commercial quantity was also explained
by the resource person. His Lordship also took the participants
through the various provisions of the Customs Act and explained their
significance. All the relevant and latest case law on the subject were
also explained.
The topics (1) Measures for Expediting Disposal of NDPS cases
and (2) Sentencing Policy for Drug Offenders under the NDPS Act”
were also handled by the Hon’ble Dr. Justice G. Jayachandran,
Judge, High Court of Madras. His Lordship highlighted the importance
of the directions of the Hon’ble Supreme Court of India in Balbir’s
case, S.K. Raju’s case, Baldev’s case and Hira Singh‘s case. His
Lordship emphasised the significance of Sections 24, 27A, 37, 41, 42,
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43, 51, 52, and 52(A) of the NDPS Act. His Lordship also explained
about the effect of retracted confession given by the accused in NDPS
offences.
The session on (1) Disposal of Narcotic Contrabands, (2)
Provisions relating to Search and Seizure under the NDPS Act, and (3)
March of Law in NDPS Cases”, was handled by Mr.K.Sukumaran,
Advocate, Kumbakonam. The Resource Person highlighted the
importance of Sections 12, 19, 27 to 43, 49, 52 (A), 54, 66, 67, 68(J)
of NDPS Act, the various provisions of the Cr.P.C, Indian Evidence Act
and Indian Contract Act. He took the participants through Article 21
of Constitution of India. all the relevant case law on the subject were
also explained by the resource person.
PART-VI
EXCHANGE PROGRAMME: VISIT OF TRAINEE CIVIL JUDGES
JUNIOR DIVISION/JUDICIAL MAGISTRATE FIRST CLASS
FROM MAHARASHTRA
Sharing best practices being adopted in various states of the
country is a method, by which the judicial officers of a state visiting
the other state learn the procedures and practices followed in the
visiting state. Giving its contribution to this process, TNSJA received
40 judicial officers in the cadre of Civil Judge (Junior
Division)/Judicial Magistrate First Class, from the state of
Maharashtra for training for four days from 24th to 27th September,
2018, at TNSJA Headquarters, Chennai.
Inaugurating the programme, Hon’ble Mr. Justice T.S.
Governors, TNSJA, said that learning is a continuous process and
training and development of human resources is one of the core
activities of any organization across the world and that exchange
programme gives greater opportunities for the visiting judicial officers
to learn more about the historical, sociological and cultural
characteristics of the place of visit, in addition to the legal aspects.
87
The judicial officers were given training in TNSJA for two days,
where Hon’ble Mr.Justice B. Rajendran, Former Judge, High Court
of Madras; Mr. G.S. Madhusudan, Senior Programme Adviser, Indian
Institute of Technology Madras; Dr.S.Elumalai, Assistant Professor,
Tamil Nadu Dr. Ambedkar Law University; Mr.V.Karthic, Senior
Advocate, High Court of Madras; Mr. Ravi Kant Upadhyay, I.F.S.,
Principal Chief Conservator of Forests, Chennai; Hon’ble Dr. Justice
P. Jyothimani, Former Judge, High Court of Madras; and
Dr.S.Thenmozhi, Associate Professor and Head In-charge,
Department of Counselling Psychology, University of Madras, spoke on
the various law subjects.
On 25.09.2018, the judicial officers visited the Guindy National
Park, where they were explained about the forest crimes being
committed by the perpetrators and how they are investigated. They
were called upon to deal with the cases, keeping always in mind the
necessity of protection of environment for the generations to come.
At the end of the classroom programme on day two, a group
discussion was held, where several groups with each group comprising
certain number of visiting judicial officers and the judicial officers in
the cadres of Senior Civil Judge and Civil Judge from the districts of
Chennai, Tiruvallur and Kancheepuram, were formed, and each group
was given a topic for discussion and thereafter, one each from
Maharashtra and Tamilnadu from each group made presentation.
Interaction session was held followed by the group discussion.
On 26.09.2018, the judicial officers visited the Principal Seat of
the High Court of Madras and the City Civil Court, Chennai, and the
rich heritage of the Madras High Court building was explained to the
visitors.
On the last day, i.e. 27.09.2018, they visited the places of
interest in Chennai and Puducherry, including Mamallapuram and
other historic places.
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PART – VII
TRAINING PROGRAMME ON INFORMATION AND

COMMUNICATION TECHNOLOGY SYSTEMS
REFRESHER TRAINING PROGRAMME ON COMPUTER
OPERATION AND SYSTEM ADMINISTRATION
As a first, Tamil Nadu State Judicial Academy incorporated a

Refresher Training Programme on Computer Operation and System
Administration in the Annual Calendar 2018-2019, with the target
group of system officers/analysts, assistant programmers, and
computer operators, working in the judicial districts. This programme
was held on 27.01.2019 at TNSJA Headquarters at Chennai and the
Regional Centres at Coimbatore and Madurai. In Chennai 155 staff
members participated and in Coimbatore and Madurai 120 and 155
staff members respectively, took part.
The Ubuntu-cum-CIS Master Trainers, Mr. S. Prakash, XI
Metropolitan Magistrate, Saidapet, Chennai, and Mr. C.B. Vedagiri,
Assistant Registrar (e-Courts Project), High Court of Madras, Chennai,
took the sessions in Chennai; Mrs. R. Arulmozhiselvi, Sub Judge,
Avinashi, and Dr. S.T. Lakshmi Ramesh, Sub Judge, Arakkonam, in
Coimbatore; and Mr.A.R.V.Ravi, Sub Judge, Aruppukottai, and Mr.
N. Sundaram, Secretary, District Legal Services Authority, Cuddalore,
in Madurai.
In the programmes, the staff members were imparted training on
the following topics: (1) e-Courts Project, and Importance and Working
of CIS in District Judiciary: An Overview; (2) Citizen-Centric Services;
3) Implementation of e-Module: e-Filing, e-Pay, e-Summons, etc.; (4)
Role of Technical Manpower and Usage of e-Courts Monitoring Portal;
(5) Computer Operating System and Data: (a) Networking, DCMS,
Centralised Filing System, and Studio-based Video Conferencing
System, and (b) Collection, Preservation and Sharing of Data; (6)
Significant Features of CIS; and (7) System Administration: Server and
LAN.
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PART – VIII
TRAINING PROGRAMMES FOR PUBLIC PROSECUTORS

1) SPECIAL TRAINING PROGRAMMES
In the Annual Calendar 2018-2019 of Tamil Nadu State Judicial

Academy, one programme each for the public prosecutors (regular
cadre) and the public prosecutors (tenure-based), at the Headquarters
at Chennai and the Regional Centres at Coimbatore and Madurai,
were included. In pursuance thereof, a Refresher Training Programme
for the public prosecutors (regular cadre) was held on 11.08.2018 at
Coimbatore, 18.08.2018 at Madurai, and 29.09.2018 at Chennai.
In the programme at Chennai, the public prosecutors who are in

the regular cadre, working in the northern districts of Tamilnadu
participated; those working in the western parts of the State took part
in Coimbatore; and those, who are functioning in the districts located
in the central and southern parts of the State, participated in
Madurai, and in all, about 325 public prosecutors were the
participants.
In the afore-said programmes, the following subjects were taken

by the High Court Judges and the experts in criminal law: 1) Role of
Public Prosecutors in Effective Prosecution of Criminal Case, (2)
Procedural Aspects of Pre-trial Proceedings: Bail, Return of Property,
Police Custody, Discharge, Charge Framing, Trial, Arguments, etc.; (3)
Marshalling of Proper Evidence: Examination of Witnesses, Marking of
Documents, Marking of Material Objects, and Cross-examination of
Hostile and Defence Witnesses; and (4) Effective implementation of
the direction of the Hon’ble Madras High Court in Murugasamy vs.
State – Group discussion and Presentation by participants.
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2) IN-SERVICE TRAINING PROGRAMMES
Accepting the proposal received from the Prosecution

Department, Government of Tamilnadu, for imparting training to the
public prosecutors, both regular cadre and tenure-based, it was
decided by the Hon’ble Governing Body of TNSJA to extend the
support and the space and facility at TNSJA Regional Centre at
Madurai for the in-service training programmes.
On discussion having been held, it was decided to have the

programmes for the duration of four days each for the seven batches
of public prosecutors from across the state of Tamilnadu and as such,
programmes for four batches have so far been held and that for three
more batches, they will be held, and the dates of the programmes are
detailed below:-
Prog. Dates
Batch
Code From To
PP 1 I 24.10.2018 27.10.2018
PP 2 II 14.11.2018 17.11.2018
PP 3 III 11.12.2018 14.12.2018
PP 4 IV 17.01.2019 20.01.2019
PP 5 V 20.02.2019 23.02.2019
PP 6 VI 06.03.2019 09.03.2019
PP 7 VII 20.03.2019 23.03.2019
To give the best inputs and knowledge, so that application

thereof could be proper and better, the best of the resource persons as
available in the domain of criminal law, forensic medicine, forensic
sciences, human rights, sentencing principles, etc., were/are roped in,
and the subjects which are covered during the training programmes
are as follows:-
91
• Role, Duties and • The Prohibition of Child
Responsibilities of Marriage Act
Prosecutors
• Importance of Ethics, • The Child Labour
Integrity and Discipline (Prohibition and Regulation)
Act
• Constitution of India • Bonded Labour System
(Abolition) Act
• Code of Criminal Procedure • Relevant Central and State
Special Enactments
• Indian Penal Code • Sentencing Principles
• Indian Evidence Act • Relevance of Medico-legal
Evidence in Criminal Trials
• NDPS Act • Appreciation of Evidence of
• POCSO Act Forensic Science in Criminal
Trials
• Prevention of Corruption Act • Human Rights Issues
• Pre-Conception and Pre- • Law of Precedents
Natal diagnostic Techniques
Act
• Prevention of Cruelty to • Cyber Law and Crimes;
Animals Act Cyber Forensics
• Tamil Nadu Forests Act • Offences against Women and
Children
• Wild Life Protection Act • Human Trafficking Law
• Prevention of Food • Health and Stress
Adulteration Act Management
• The Immoral traffic • Communication Skills
(Prevention) Act • Interpersonal Skills
The public prosecutors who attended the programmes, found

their learning as an eye-opener, and the response was overwhelming.
They requested that such programmes may be held every year.
On the last day of each of the programmes, the sessions were

combined with the training programmes for the judicial officers.
Further, acceding to the request of the Police Department,

Government of Tamilnadu, police officers were also nominated to
participate in the programmes for Batches–III and IV and they will
participate in the remaining programmes also.
92
It was always the endeavour of TNSJA to bring the judicial
officers, public prosecutors, and the police officers in one and the
same programme, so that the interaction and discussion in the
programme, will, in a long way, help better the criminal justice
system, and with this initiative, TNSJA has made it a reality.
PART – IX
TRAINING PROGRAMMES FOR ADVOCATES

It is the endeavour of TNSJA that the fledgling advocates are
inculcated training to ensure that the justice delivery system works
effectively.
A plan was drawn and a mechanism devised, to revitalise the
members of the bar with practice for upto 10 years, grouping them
under two categories – those who have bar experience for upto five
years and those who have bar experience for more than five years and
upto ten years.
The programmes were conducted at the districts headquarters,
from 29.09.2018 and 30.09.2018, and considering the needs of the
young lawyers, the sessions on the following topics were earmarked
in the programmes:-
I. Training Programme for advocates with upto 5 years of
practice
Sl.No. Topics on Civil Law Sl.No. Topics on Criminal Law
Drafting of pleadings Drafting of pleadings and
1. 1.
and petitions petitions
Marshalling proper Examination of witnesses:
2. evidence: Oral and 2. Chief and cross, and re-
documentary examination
Interlocutory
applications: Need for Fundamental principles of
3. 3.
institution – An law of evidence
analysis
Jurisdictional Issues Trial proceedings in
4. 4.
vis-à-vis civil courts criminal cases
Procedural and
Trial proceedings in
5. 5. Substantive law: An
civil cases
overview
93
II. Training Programme for advocates with above 5 and upto
10 years of practice
Sl.No. Topics on Criminal
Sl.No. Topics on Civil Law
Law
As mentioned at I (1) As mentioned at I (1) to
1 to 5 1 to 5
to (5) above (5) above
Proceedings in Civil Proceedings in Criminal
6 6
Appeal cases Appeal/ Revision cases
Law of marriage and Trial proceedings in
7 7
succession Sessions Cases
The participant-advocates found the programmes more useful to

their professional growth and the number of advocates who
participated in the programmes in all the seven centres, were about
2000.
94
PART – X
TRAINING PROGRAMMES FOR THE STAFF MEMBERS
1. STAFF MEMBERS OF THE HIGH COURT OF MADRAS

It is equally important that the skills of the staff members need
to be improved on account of the increase in their workload in the
recent years. Therefore, TNSJA took every endeavour to include in its
annual calendar, programmes for the staff members of the High Court
of Madras and the modules of such programmes were devised in such
a manner that it achieved proficiency, swiftness, and professionalism
in their functions.
The table below gives the particulars of the training programmes

conducted by TNSJA for the staff members of the High Court of
Madras:-
Sl. Description of the Date(s) of Number of

Place
No. Programme Programme participants
Training Programme for Principal 23.06.2018
1 Personal Assistants to the Seat at to 32
Hon’ble Judges Chennai 28.06.2018
Training Programme for
Principal
High Court Staff Members
2 Seat at 21.07.2018 100
in the cadre of SO/CO/AE
Chennai
(Batch-I)
Madurai
3 High Court Staff Members
Bench at 21.07.2018 44
Madurai
(Batch-I)
High Court Staff Members Principal
4 in the cadre of Assistant Seat at 15.09.2018 100
Section Officer / Assistants Chennai
(Batch-I)
Madurai
5 in the cadre of Assistant
Bench at 15.09.2018 80
Section Officer / Assistants
Madurai
(Batch-I)
95
Sl. Description of the Date(s) of Number of
Place
No. Programme Programme participants
6 in the cadres of Private Seat at 27.10.2018 100
Secretaries / Personal Chennai
Assistants
High Court Staff Members Madurai
7 in the cadres of Private Bench at 27.10.2018 63
Secretaries / Personal Madurai
Assistants
Principal
8 Seat at 15.12.2018 100
Chennai
(Batch-II)
Madurai
9 High Court Staff Members
Bench at 15.12.2018 42
Madurai
(Batch-II)
10 in the cadres of Assistant Seat at 23.02.2019 100
Section Officers / Chennai
Assistants (Batch-II)
High Court Staff Members Madurai
11 in the cadres of Assistant Bench at 23.02.2019 101
Section Officers / Madurai
Assistants (Batch-II)
2. STAFF MEMBERS OF THE DISTRICT JUDICIARY
The staff members working in the district-level courts in

Tamilnadu and Puducherry, take strenuous efforts, in view of the
manifold increase in the number of cases, year after year, to see that a
better practice, which is litigant-friendly, is put in place in the courts.
TNSJA, in order to make the staff members of the district judiciary
well-equipped with the rules, practices and procedures, in handling
the issues, both of administrative and judicial, includes in its annual
calendar, the cadre-specific programmes for better reach. The
96
particulars of the programmes, which have been conducted by TNSJA,
at the Districts Headquarters, are given in the following table:-
Sl. Date of No. of

Description of the Programme
No Programme participants
Refresher Training Programme on
Ubuntu Operating System and Case
1 Information Software for Staff 23.06.2018
Members of all cadres (Batch-I)
Headquarters
Refresher Training Programme on
Ubuntu Operating System and Case
2 Information Software for Staff 30.06.2018
Members of all cadres (Batch-I)
Headquarters
Refresher Training Programme for
3 08.07.2018 1,637
Junior Assistants
Ministerial Staff Training Programme
for Typists in copy section, Readers,
4 11.08.2018 1,422
Examiners, Superintendents in copy
section
5 for Typists (other than those in Copy
15.09.2018
Section), Stenographers and Executive 2,158
Assistants
6 for Junior Bailiffs, Senior Bailiffs, 07.10.2018 2,920
Deputy Nazirs and Central Nazir
7 10.11.2018 42
for Record Clerks and Record Keepers
8 for Assistants / Bench Clerks – 15.12.2018 2,174
Grades I, II and III and Translators
3) REFRESHER TRAINING PROGRAMME FOR COURT MANAGERS

(PHASE – I)
For the first time, a refresher training programme for Court

Managers, was organised on 05.08.2018 at TNSJA Regional Centre,
Madurai and 32 Court Managers participated in the programme.
Mr.C.Kumarappan, Registrar (IT-cum-Statistics), High Court of

Madras dealt with the topic on E-court Project: Role of Court Manager
in Effective Implementation and IT System Management, explaining
97
the various aspects of the E-Courts project and detailed the present
and future projects to improve the IT infrastructure, and highlighting
the importance of the role of Court Managers in implementing all the
E-Courts projects effectively and in maintaining the IT System
Management efficiently.
Mr.A.R.V.Ravi, Sub Judge, Aruppukottai, handled the session

on Court Management, Case Management and Compilation of
Statistics. He elaborately dealt with the use of CIS for compilation of
statistics.
Mr.V.R.Poobalan, Former District Judge, took the session on (a)

Case record management and physical verification of case bundles; (b)
monitoring prompt and proper consignment of records, and (c)
destruction of records. He explained the various records and registers
that form in Part I, Part II and Part III, their life span and the period of
their preservation. He also explained as to with how to monitor
consignment of records.
Mr.A.Nazir Ahamed, Member Secretary, Tamil Nadu State Legal

Services Authority, detailed the aspects relating to co-ordination with
DLSA/District Mediation Centre in organising Lok Adalat and
Mediation Programmes, by explaining the origin and development of
the National and State Legal Services Authorities, the hierarchy and
the different levels of the committees and the authorities. He
underscored the role of the Court Managers in identifying, referring
and disposal of cases through ADR methods.
Group discussion on Court Development Plan and its

Implementation was held and a representative from each group
presented his/her group’s views and suggestions
98
4. REFRESHER TRAINING PROGRAMME ON COURT AND OFFICE
ADMINISTRATION FOR CHIEF ADMINISTRATIVE OFFICERS AND
SHERISTDARS OF DISTRICT COURTS
Hon’ble Mr. Justice Abdul Quddhose, Judge, High Court of

Madras/Member, Board of Governors, TNSJA, gave the “Scope and
Object of the Programme”. His Lordship explained the various
important works of the Chief Administrative Officers and Sheristdars
in various District Courts.
Mr.S.Karuppiah, Principal District Judge, Nagercoil and

Mr. A.K.Mehbub Ali Khan, Deputy Director, TNSJA Regional centre,
Madurai dealt with the topic “(1) Court and Office Administration, (2)
Recruitments, Promotion, Transfer and Posting of staff members and
(3) Important Features of – a) Tamil Nadu Government Servants
(Conditions of Service) Act, 2016, b) Tamil Nadu Ministerial Service
Rules”.
Mr.L.K.R.Krishnamoorthy, Advocate, Tirunelveli dealt with the

topic “(1) Disciplinary Proceedings: Practice and Procedure, ((2) The
Tamil Nadu Civil Services (Discipline and Appeal) Rules: An Overview,
(3) The Tamil Nadu Government Servants’ Conduct Rules, 1973: An
overview”. He explained the Tamil Nadu Government Servants
Conduct Rules and the Disciplinary Proceedings rules. He also
explained the various rules of Tamil Nadu Government Servants
Discipline and Appeal rules.
In the Third session, Prof. P.Kumaran, Assistant Professor,

Government Law College, Madurai, dealt with the topic “Right to
Information Act – (1) Practice and Procedure and (2) Duties and
Responsibilities of Public Information Officers”. He very clearly
explained the Right to Information Act with suitable case laws. He
also explained the various rules of Right to Information Act and its
99
procedures. He also explained the Public Information Officers duties
and responsibilities of public information officers under Right to
Information Act.
Mr. N.M.Dhandapani, Superintendent (Retd.), Treasury and

Accounts Office, Madurai dealt with the topic “Budget, Finance and
Audit”. He explained as to how the bill is passing in the Treasury
Office. He also explained the audit point of the bill passed in the
Treasury Office. How to prepare the Budget and Reconciliation
statement in our office to was explained by him.
The session on (1) Court and Office Administration 2)

Recruitment, Promotion, Transfer and posting of Staff Members (3)
Important Features of a) Tamil Nadu Government Servants
(Conditions of Service) Act, 2016 b) Tamil Nadu Ministerial Service
Rules”, was handled by Mr. K. Rajasekar, Prinicipal District Judge,
Tirunelveli and Mr. S. Nagarajan, Chief Judicial Magistrate,
Coimbatore, also FAC of Deputy Director of TNSJA, RC, CBE. The
Resource Persons pointed out the importance and significance of Rule
57(2) of TNGS COS Act 2016. They also explained about the various
provisions of the TNJMS and the Important Government Orders.
The Resource Persons dealt with the Compassionate

Appointment rules and procedures. Classification of Service for Direct
Recruitment, District Transfer and Seniority List were also discussed
by them. The Resource Persons compared the working pattern of Chief
Administrative Officers and Sheristdars with that of Orchestra, where
effective co-ordination between stakeholders has been highlighted. The
Resource Persons lucidly explained the role of Chief Administrative
Officers and Sherishtdars in the Judicial District. They also
emphasized the importance of co-ordination of Chief Administrative
Officers and Sheristdars with Judges, Advocates, Staff etc., for their
efficient and effective functioning. The Resource Persons laid stress on
the duties and responsibilities of Chief Administrative Officers and
100
Sheristdars and told them that they are indispensable to the System.
They play vital role in Court and Office Administration.
The session on (1) Disciplinary Proceedings: Practice and

Procedure 2) The Tamil Nadu Civil Services (Discipline and Appeal)
Rules: An overview, 3) The Tamil Nadu Government Servant’s Conduct
Rules, 1973:An overview”, handled by Mr. R. Parthiban, Advocate,
Coimbatore. He explained the situations where Section 17(a) Tamil
Nadu Government Servants Conducts Rules ought to be invoked and
when Section 17(b) Tamil Nadu Government Servants Conducts Rules
ought to be invoked. The Resource Person also explained the
importance of framing precise and specific charges. He also explained
the procedures to be followed in case of minor offences. Rules relating
to suspension, Extension of service of Government Servant under
Suspension beyond the date of superannuation, Oral Enquiry,
Findings of the Inquiry Officer, The Time Limit to Complete the
Inquiry, Action on the Report of Inquiry Authority, Appeal, Period of
limitation for appeals were also elaborately discussed by the Resource
Person. All the participants actively took part in interaction with the
resource person during the session.
After the lunch break, the 3rd session commenced at 02.15 p.m.
This session which dealt with “Right to Information Act- 1) Practice
and Procedure and 2) Duties and Responsibilities of Public
Information Officers” was handled by Mrs. B. Priya, Assistant
Professor, Government Law College, Coimbatore. The Resource Person
pointed out the importance and significance of sections 2f, 2h, 2j, 5 to
11, 18 to 21 of the RTI Act in an elaborate manner. The Resource
Person highlighted the importance of transparency, accountability of
the RTI Act. The Resource person explained about the Offline
Procedure and Online Procedure. She also discussed the duties and
Responsibilities of Public Information Officers. All the participants
101
took an active part in the discussions, by raising their queries and
getting it clarified from the Resource Person.
The topics “Budget, Finance and Audit” were handled by

Mr. L. Thirumurugesan, Sheristdar, (Retd.), CJM Court, Coimbatore.
The Resource Persons explained the classification of Allotment of
Funds in the every year. He discussed about the type of Bills. He also
explained the procedures to be followed in Reconciliation
102
PART-XI
OTHER ACTIVITIES
1) RESEARCH
In pursuance of the Government order issued by the

Government of Tamilnadu for appointment of research fellow and
research assistants for doing research activities in Tamil Nadu State
Judicial Academy, the process of appointment was undertaken and
one research fellow and two research assistants, having been
appointed, joined TNSJA, recently. In the years to come, TNSJA, by
utilising their services, will engage itself to do research on the issues
and problems, which the judicial officers come across, and the
challenges they encounter and need solutions.
2) STUDY MATERIAL TO THE JUDICIAL OFFICERS
It was decided by the Hon’ble Governing Body of TNSJA to

provide volumes 25 to 30 of Manual of Tamilnadu Acts and Rules to
all the courts in Tamilnadu and Puducherry, in addition to volumes 1
to 24, which were already supplied during the years 2015 and 2018,
in two spells, with an object of making the judicial officers to update
their knowledge on the areas of work they are involved in.
(3) ONLINE FACILITIES TO JUDICIAL OFFICERS
The judicial officers functioning in Tamil Nadu and Puducherry,

were provided with online judgment access facility, as licensed by
CDJ Law Journal and Law Weekly.
103
PART-XII
ACKNOWLEDGEMENT
TNSJA believes that if the resource persons and the participant-

judicial officers engage in interaction and discussion to the extent
possible during the training programmes, it will pave way for greater
understanding of the concepts, thoughts, and the manner of analysis
of evidence, etc., all leading to find better solutions to the problems.
The experts in the various domains of law made it possible to take
various sessions in the Headquarters and the Regional Centres of
TNSJA, during the programmes catering to the needs of not only the
judicial officers, but also the other stakeholders of justice dispensation
system, viz. advocates, police officials, government officials, staff
members, members of non-governmental organizations, and others.
TNSJA places on record its gratitude to all the resource persons,

who, in spite of their other professional commitments, made it to take
sessions for the benefit of the judicial officers and other stakeholders
functioning in the judiciary.
TNSJA always takes endeavours to rope in the best of the

resource persons, who are the experts not only in law, but also in
other disciplines, like managerial and leadership skills, and those
associated with law, all with an object to give the best inputs to the
participants, so as to get better output from them. It is noteworthy
that the resource persons, who take sessions at the Headquarters and
at the Regional Centres of TNSJA, bring into focus the different
dimensions of the trends - legal, social, economic, and technological –
emerging from time to time.
104
PART-XIII
WAY FORWARD
Recently, a Government Order appointing 213 Civil Judges was

issued by the Government of Tamilnadu and they will join the Tamil
Nadu State Judicial Service shortly and occupy the posts of Civil
Judge Junior Division/Judicial Magistrate First Class, and before they
start presiding over courts, they will have to undergo induction
training for a period of one year as per the training module and
schedule approved by the Hon’ble Governing Body of TNSJA. Such
training encompasses several phases which include Foundation and
Orientation Programme, Academic Training, Field and Institution
Training, Practical Training, On-the-job training, and Reflective
Training.
TNSJA strives hard, every now and then, to see that the benefits
of every programme, as organised by it, reach those who are
associated with justice administration and dispensation, thus
enabling them to do their best in their respective areas of work, for
expeditious disposal of cases, both in quality and quantity, leading to
greater effectiveness of the institution.
TNSJA considers training and development of human resources

as its core activity and always takes endeavors to introduce new and
new programmes every year, with better content and facilitation,
catering to the needs of every stakeholder-group of the judicial system
– all towards having quality and talented manpower to overcome
challenges they encounter and find solutions to the issues and
problems they face, in their day-do-day work, by way of continuous
training and learning.
********
105

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TAMIL NADU STATE JUDICIAL ACADEMY

Part Page No.

Programme Description Place/Venue

II National Conference on Economic Offences: Emerging Dynamics 11

III South Zone-II Regional Conference on Enhancing Excellence of the 19

i District Judges HQ, RCC, RCM* 22

iii Civil Judges HQ, RCC, RCM 46

2 Intensive Training Programme HQ 60

3 Further Intensive Training Programme HQ 61

One-day Special Evaluation Programme on Judgment

Special Training Programme on Recent Trends in Cheque

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

Seminar on Emerging Trends in Cyber Law and Artificial

Workshop on Cases Under Railway Property (Unlawful

13 Special Training Programme on Motor Accident Claim Cases RCC 78

Seminar on Forest Laws: Need for Stringent Enforcement

Workshop on Special Procedure relating to NDPS Cases

XII Acknowledgement 104

XIII Way Forward 105

ABSTRACT OF PROGRAMMES HELD DURING THE YEAR 2018-2019

Sl. Place/ No. of

Colloquium on Judicial District

Refresher Training Programme on Ubuntu

Refresher Training Programme on Ubuntu

Special Evaluation Programme on Judgment

Special Evaluation Programme on Judgment

Workshop on Prevention of Money

Refresher Training Programmes for Junior Districts'

Training Programme for High Court Staff

Training Programme for High Court Staff

One-day Orientation Programme on

Refresher Training Programme for Court

Ministerial Staff Training Programme for

Special Training Programme for Public

Refresher Training Course-I for Civil Judges

Training Programmes on Cyber Law, 13.08.2018

Special Training Programme on Recent

Special Training Programme for Public

Sensitisation Programme on Juvenile

Workshop on Anti-corruption Law: Practice

Training Programme for High Court Staff

Training Programme for High Court Staff

Ministerial Staff Training Programme for

Exchange Programme: Visit of Trainee Civil 24.09.2018

First Class (Deputed by Maharashtra 27.09.2018

Special Training Programme for Public

Training Programme for advocates with upto Districts'

Seminar on Emerging Trends in Cyber Law

Training Programme for advocates with Districts'

Training Programmes on Cyber Law,

Ministerial Staff Training Programme for

Workshop on Cases under RP(UP) Act and

Training Programme for High Court Staff

Training Programme for High Court Staff

Ministerial Staff Training Programme for Districts'

Seminar on Labour Law: Problems and

Special Training Programme on Motor

Judicial Colloquium on Anti-Human

Seminar on Forest Laws: Need for Stringent

65 Consultation on Family Court Matters RCM 24.11.2018 63

State-level Consultation on Effective

Training Programme for High Court Staff

Training Programme for High Court Staff