SCHEDULE OF INDUCTION TRAINING PROGRAMME for

CIVIL JUDGES (JUNIOR DIVISION)-cum-JUDICIAL MAGISTRATE 2ND CLASS

SESSION ~2014-15
(PUNJAB BATCH)

Broad split up of 1 year Schedule beginning from May 17, 2014 and ending on May 15, 2015.

Institutional Training at Chandigarh Judicial Academy 6 months

• May 26, 2014 to June 13, 2014
• July 1, 2014 to August 21, 2014
• September 11, 2014 to September 16, 2014 (Reconciliation)
• September 17, 2014 to October 18, 2014
• November 25, 2014 to December 20, 2014
• January 11, 2015 to January 16, 2015 (Reconciliation)
• February 1, 2015 to February 28, 2015
• April 1, 2015 to April 15, 2015 (Reconciliation)

Training at Courts at place of posting of Trainee Judicial Officers. 4 months

• May 19, 2014 to May 24, 2014

• June 16, 2014 to June 30, 2014
• August 22, 2014 to September 10, 2014
• October 20, 2014 to November 22, 2014
• December 22, 2014 to January 10, 2015
• March 1, 2015 to March 31, 2015

Police Training at Chandigarh Judicial Academy and visit to Forensic and Computer
Lab at Chandigarh and Mohali.

• January 17, 2015 to January 31, 2015 (Police Training)

Execution in Civil Cases.

• April 16, 2015 to April 30, 2015 (Execution in Civil Cases)

Bharat Darshan

• May 1, 2015 to May 15, 2015.

Yoga Classes, Aerobics, Indoor & Outdoor Games Monday to Friday

Timings 7:00 a.m. to 8:00 a.m.
Dress Track Suit
 SESSION – I (May 19, 2014 to September 16, 2014)

In civil cases the Trainee Judicial Officers will be taught as to how to

deal with various Civil Suits from the day these are received in the
Court by entrustment till the issues are framed.
AND
As far as criminal cases are concerned, the Trainee Judicial Officers will
be taught as to what they are supposed to do when they receive an FIR
or criminal complaint and how to deal with the file till the stage of
Charge.

♦ The officers will be trained here in Chandigarh Judicial Academy from

May 26, 2014 to June 13, 2014 and then July 1, 2014 to July 21, 2014.

♦ The Officers will undergo field training from May 19, 2014 to May 24,
2014; July 16, 2014 to June 30, 2014 and August 22, 2014 to September 10,
2014.

♦ During their field training, whatever difficulties are faced by Trainee Judicial
Officers, they will intimate the same to the Faculty Members by e-mail. The
work done statement will also be sent to the Academy by them. The Faculty
Members will respond to the difficulties and queries immediately.

♦ From September 11, 2014 to September 16, 2014 the Officers will reconcile
what they are taught in the Academy and practical experience in the field.

SESSION – II (September 17, 2014 –January 16, 2015)

The recording, analysis and appreciation of evidence will be taken care

of in this part of the Training.

♦ The training on this part of the matter would commence w.e.f. September 17,
2014 and would run upto October 18, 2014. Thereafter, the Trainee Judicial
Officers will go to the sessions divisions and will actually record evidence in
Civil Cases. They will be in the field from October 20, 2014 to November 22,
2014. From November 25, 2014 to December 20, 2014 they will again undergo
Institutional Training at the Academy and then field training at their respective
places of posting from December 22, 2014 to January 10, 2015.

♦ During their field training, whatever difficulties are faced by Trainee Judicial
Officers, they will intimate the same to the Faculty Members by e-mail. The
work done statement will also be sent to the Academy by them. The Faculty
Members will respond to the difficulties and queries immediately.

♦ They will be back to the Academy and period upto January 16, 2015 will be
utilized in reconciling what they have been taught in the Academy and
practical experience in the field.
 SESSION – III (January 17, 2015 to January 31, 2015)

♦ From January 17, 2015 to January 31, 2015, the Trainee Judicial Officers will
undergo Police Training and training regarding the files being maintained by
the Staff like Reader, Ahlmad, Record Keeper etc.

♦ Police Training would be provided by eminent in-service or retired Police

Officers at the Academy itself. During this period, the Trainee Judicial Officers
will also be imparted practical training regarding execution proceedings arising
in civil matters.

SESSION - IV (February 1, 2015 – April 15, 2015)

Recording of judgments and orders on various applications.

♦ From February 1, 2015 to February 28, 2015, Trainee Judicial Officers will
undergo Institutional training in the Academy.

♦ From March 1, 2015 to March 31, 2015 Trainee Judicial Officers will undergo
field training at their place of posting.

♦ TJOs will sit with the Senior Judicial Officers on the dias. They will hear
arguments alongwith orders passed on various applications, suits or criminal
cases. They will themselves pass orders and judgments. They shall e-mail the
same to the Faculty Members who will evaluate the said orders and
judgments. Wherever necessary, Faculty Members will appreciate the orders
and judgments passed by the TJOs and wherever they find fault, they will
guide TJOs through e-mail itself.

♦ From April 1, 2015 to April 15, 2015 Trainee Judicial Officers will reconcile what
they are taught in the Academy and their practical experience in the field.

SESSION - V (April 16, 2015 to April 30, 2015)

♦ During this period the Trainee Judicial Officers will be imparted practical
training regarding execution proceedings arising in civil matters.

SESSION – VI (May 1, 2015 to May 15, 2015)

♦ Bharat Darshan.
NOTE : Before the Trainee Judicial Officers are sent to the field for their Field Training,
their respective Sessions Judges will be sensitized about the matter.

They would be requested to assign Kachi Peshi to the Trainee Judicial Officers,
they would further be requested to ensure that after Lunch, all the Judicial
Officers would sit with their senior counterparts during remand proceedings.

During the training of recording and appreciation of the evidence, the Sessions
Judges will ensure that recording of evidence for Civil Cases is actually assigned
to the Trainee Judicial Officers and then Officers would actually record the
evidence.

During the 3rd session of the training the Sessions Judges will be requested to
ensure that Trainee Judicial Officers will sit on the dias alongwith their senior
counterparts during the passing off orders as well as final judgments and then
Trainee Judicial Officers will pass orders and judgments separately.
 PHASE - I

Practical Training regarding Civil Matters.

CIVIL PROCEDURE

FIRST DAY ZIMNI ORDER, WHAT TO BE SEEN AND WHAT TO BE DONE BY CIVIL
JUDGES ON RECEIPT OF FOLLOWING TYPES OF SUITS.

(i) Permanent Injunction

(ii) Mandatory Injunction
(iii) Suit for partition and separate possession.
(iv) Suit for declaration
(v) Suit for specific performance
(vi) Suit for rendition of accounts
(vii) Suit under order 1 rule 8 CPC.
(viii) Suit u/s 91 & 92 CPC
(ix) Suit u/o 37 CPC
(x) Suit for recovery
(xi) Service matters suit.
(xii) Suit against government (Whether ex-parte stay can be granted).
(xiii) Pauper suit.
(xiv) Suits regarding electricity bills and regarding disconnection on account
of non payment of electricity bill.
(xv) Interpleader Suit
(xvi) Suits by or against minors
(xvii) Rent Petition.
(xviii) Order 39 Rule 2A CPC
(xix) Contempt Petition.
(xx) Petition under section 9 of Hindu Marriage Act.
(xxi) Exemption of Notice u/s 80 CPC, some believe that the case must be
adjourned to a date after 60 days.
(xxii) Application u/s 148, 149 CPC i.e. enlargement of time and time for
affixing the Court fee.
(xxiii) Order 23, Rule 3 (Admission of Suits)
(xxiv) Suit by or against Juristic Persons (Order 30 CPC).

The Faculty will provide intimation/knowledge to the Trainee Judicial Officers with
respect to the following in particular :-

• What to be done when Caveat is filed.

• What to be done when defendant comes present personally or through

Advocate on first day itself.
• It is sometimes seen that contempt petition filed under Order 39 rule 2-A CPC
remains pending for several years for the service of the respondent. On the
other hand, the main case keeps on going in the same court. In these
circumstances, both the cases can be put on the same date and the alleged
contemner can be directed to come present and reply the summons.
• To avoid the duplicacy, do not sign the summons when the same are put up by
the Advocates or their clerks, rather direct them to hand over the summons
to the Ahlmad concern and signed the summons only when the same are put
up by the Ahlmad before you.

• It was detected that an officer called the Ahlmad and asked him to prepare
summons but he refused by stating that it is not his duty and it is the duty of
the Advocate.

• Sometimes, the Civil Judges pass a restrain order restraining the respondent
from doing a particular act and then add that the status quo be maintained.
• The Civil Judges are confused about two propositions i.e:-
(1) The plaintiff has to stand on his own legs.
(2) The proposition that a particular plea of the plaintiff has not been
rebutted specifically in the written statement.
• Some of the Civil Judges are not aware as to what is the difference between a
Civil Judge and a Judicial Magistrate.
• Sometimes, what happens is, one of the parties dies and its LRs are impleaded
and in some cases some new party is added. In such like circumstances, we
seek amended title only. The result is that when we dictate and scribe
judgment, we detail the parties as per the original plaint and we forget to see
the amended title of the plaint. Therefore, whenever the amended title is
called for, a note should be given on the original plaint that the amended title
dated____ be seen before passing the judgment.

• What happens is some times we have to just grant date and still we keep the
files pending. The Advocates keep on coming for enquiring about their cases,
but somehow the dates are granted at the end of the day. This practice has to
be curbed. Be considerate towards the Advocates and the litigants so that
they do not have to come to the court just to take dates time and again. If you
are hearing arguments and the Advocate comes; see if his case is to be
disposed of first and then continue with the arguments.
WHAT HAS TO BE SECOND ZIMNI ORDER

• The defendant turns up on a day fixed for his appearance.

• The defendant turns up either personally or Advocate before the next day
fixed for his appearance.

• The Court is informed that the defendant is present in the Court or in some
other Court.

• Summons are not returned.

• Discuss Section 9-A C.P.C of service of dasti summons.

• Defendant not served personally but he/she has been served through his/her
Secretary/Member of family.

• Some times what happens the respondent/defendant is served in a case, but

the Presiding Officer does not pass appropriate order against the defendant.

• It happens that a person, defendant/opposite party in the case, comes to the

court on his own, but the Judges refuse to mark his presence by saying that
since officially you are not served, therefore, your presence could not be
marked and the Judges ask such persons to come present after being officially
served.

• Generally, when reported that the respondent has not been served, without
bothering to know the actual report, the Civil Judges direct that the
respondent be served again.
• Sometimes, in such a case, some of the Civil Judges order that the defendant
be served "through all the modes".
• The Civil Judges are to be aware that the procedure is meant to facilitate the
court to arrive at a proper decision.
• RC is not returned.

• Process is not issued for want of PF or RC etc.

• When alternative service is to be resorted to.

• In a case where publication was ordered, the publication charges were not
deposited. The officer insisted for dismissal of the case. The Advocate
requested for a date by stating that he is going to deposit the money on that
day itself. In such cases, the Magistrates/Civil Judges must be reasonable.
• What happens is, we issue publication, on occasions we issue dasti publication.
Dasti is some time likely to be misused. It may happen that a party may ensure
that its publisher has no time to send RC to the respondent. Similarly,
sometimes the publisher may be doubtful as to whether the same has been
issued by the court or not. So, in the process, the publication may be delayed.

THIRD ZIMNI ORDER

• The defendant does not appear even after being served.

• Defendant appears and seeks time for engaging an Advocate or for filing
written statement.

• Application for deleting frivolous, scandalous pleas, for providing better

particulars or production of documents.

• Defendant has been ordered to be heard ex-parte and he comes present on

the same day and prays for setting aside the ex-parte order.

• After the case is fixed for ex-parte evidence, the defendant appears before
the Court before the next date and prays for setting aside ex-parte order.

• In some of the cases, it has been found that the defendant has been ordered
to be heard ex-parte and then the case has been adjourned for consideration
of issues.
• Ex-parte stay for protecting the the public property and for restraining the
defendant from interfering into the day to day working of the employees and
to restrain the defendants from demolishing the property of the Government.
Discuss whether ex-parte stay should be granted or not.

• A party wants an ex-parte stay. It is established on the file that the plaintiff has
been in possession of the suit property for long. Injunction is sought against
the State restraining it from dispossessing the plaintiff. What will you do?

• The plaintiff alleges that he has been in possession of the demised premises as
a tenant. No receipts have been issued by the respondent. The electricity
meter is installed in a room, which is in possession of the landlord/respondent.
Now the respondent has threatened to dispossess the plaintiff illegally and
forcibly. What will you do?
• Please grant the stay wherever it is warranted. Please acquit the accused
wherever the case is of the acquittal.

• Where the plaintiff has documentary evidence and prima facie case, the ex-
parte stay is not granted.

• The proposal is that wherever the ex-parte stay is granted, the date of notice
should be the routine date. The reason is that in case the defendant has got
any grievance regarding the ex-parte stay, he would come running and if he
does not come that means that the purpose of litigation has been achieved
and there is no urgency.

• Whenever an application is filed U/O 39 Rule 4 CPC, the notice of the same
would be given immediately or of a day of the application moved U/O 39 Rule
4 CPC.

• Some times what happens is ex-parte stay is not granted and on notice the
other party appears and sometimes the defendant tries to delay the
consideration of stay application. This practice has to be curbed. The Courts
may, where deems proper, order the stay till the filing of the written
statement.

• Similarly where ex-parte stay is granted, the plaintiff appears to be delaying

the disposal of the stay application. In appropriate cases, the Civil Judges may
not extend the stay order.

• Sometimes the plaintiff is the tenant and he apprehends the illegal

dispossession at the hands of the respondent. He comes to get stay order, but
the ex-parte stay order is not granted. Visualize the alternative of sending a
Local Commissioner on the day the suit is instituted for collecting a report
regarding possession on the spot, like who is in possession.

• What to be seen while ordering status quo.

• On the first day itself the defendant appears and files written statement.

• Defendant appears and seeks time to file written statement and reply to the
stay application. How much liberty to be granted to the defendant for filing
written statement and for filing reply to stay and for consideration of stay
application.
• What to do when the defendant fails to file written statement despite
adequate opportunity.

• What rights the defendant has when the right to defence has been struck off.

• Within how much time stay application is to be disposed off after the
defendant comes present.

• What to do when the case is fixed for appearance of the defendant or for
filing written statement and the plaintiff does not appear.

• What to be done when both the plaintiff and the defendant do not appear.

• What to do when the Suit is dismissed in default but the plaintiff or the
defendant appears on the same day and seeks setting aside of the dismissal
order.

• What to do when there is a counter claim and the plaintiff does not appear on
the given date.

• What to do when there is counter claim and the defendant does not appear
and only the plaintiff appears.

• What to do when there is counter claim and both the plaintiff and the
defendant do not appear.

• When and where to impose costs. What costs are not paid.

• What to do when it is found that the necessary party has not been impleaded.

• What to do when an application is filed in pending cases not fixed for that day.

• Application to restore a case dismissed in default.

ISSUES

• Whether to frame issues on the day when written statement is filed.

• Whether adjournment is to be granted for filing re-joinder/replication.

• There was a case for specific performance instituted in June 2006. But the
issues could be framed in this case only five years after the institution of the
suit.

Sometimes, the cases remain pending awaiting replication which is a wrong

practice and is required to be discouraged.
• Specific issues on a counter claim.

• It is found that invariably all kinds of issues are framed though they do not
arise from the pleadings.
• The Civil Judges are invariably found wanting to know as to on whom the onus
lies. The basic principle is that the onus of the issue lies on a party, which sets
up a particular plea.
• What to do in case issues are re-framed & what is necessary to do before
dictating judgment.

• Some times issues are re-framed and subsequently the issues, which were
earlier framed, are taken into consideration and judgment is rendered on
earlier issues only. Therefore, the Judges must go through the entire zimni
order sheets before returning their findings on various issues. Whenever the
issues are re-framed, then the Judges must give an endorsement on the zimini
order sheet where the earlier issues framed that "See Issues dated____"

• See, wherever the Advocate wants to say something, he be heard.

• If at some time, a judicial official gets annoyed with someone, he/she must
make it a point that the litigant or the Advocate should not suffer.

• Some times, a party comes to complain that whereas it kept on sitting outside,
the counsel for the other party came in and took the date and went away and
when the party went inside, it was informed that the case has already been
adjourned. The Judges should ensure that they should adjourn the cases only
after calling the case.

• The practice is that whenever an application is filed in a pending case some

order is passed on the application itself and thereafter the Judge forgets the
same. This practice is to be discouraged. Whenever an application is filed in a
pending case please ensure that the main file is put up and a zimny order is
recorded in the same and only then the case is adjourned.

• Sometimes notices to the Hon'ble retired Judges of the High Courts or some
other senior officers are sent in the form of a direction.

• In some civil suits where either the defendant admits the case of the plaintiff
or the defendant is ex-parte and after close of the ex-parte evidence, the civil
suits remain pending for months together for passing appropriate orders. Such
practice should be discontinued.
• The routine with the Judges is that they pick up the case in accordance with
their respective serial numbers in the cause list. Some times the worthy
Advocate approaches the court in the morning itself. Since in the case nothing
is to be done, therefore, the Advocate requests the court to grant the date in
such a case. But, the Judges advise the Advocate to come when the case is
called. The suggested solution is that since the Advocates have to cover other
courts also, therefore, if they come to collect a date, their files should be
picked up immediately and date be granted.

• The Judges should try to adjourn those cases at the outset itself, wherein
nothing is to be done, so that the court should keep only those files wherein
some concrete work has to be done.

• Some of the Officers do not ensure that the orders passed by them are duly
conveyed to the Advocates or their Clerks or the parties themselves.

• Help junior/young advocates by appointing them Local Commissioner.

Sometimes, a Civil Judge comes to know that there is no evidence of
possession on file, whereas the possession is prayed to be protected. In such
circumstances, with the consent of the counsel for the plaintiff, the Civil
Judge, on the first date, should appoint a local commissioner for recording the
conditions existing at the spot by visiting the spot.

• The Officers must grant bail and injunction in appropriate cases. Sometimes, it
has been observed by the Hon'ble Chief Justice that even in the most
deserving cases, the bail and injunction are not granted. Wherever (the
Hon'ble Chief Justice has observed) the Officers have not been able to grant
bail and injunction in the appropriate case the same would be reflected in their
ACRs.

• The Officers have been advised to be brief while dictating the orders and the
judgments.

• Once an Advocate stated that he wanted to withdraw his case, the Judicial
Officer handed over the Judicial File to the Advocate, instead of passing the
order on the file, after recording statement of the Advocate.

• On occasions, an application in a pending case is received and after receiving

reply, without affording an opportunity of being heard to the counsel for the
parties, the application is disposed of. The Officers are new and hence, they
 must realize that they still need assistance of the Bar to arrive at proper
decisions.

• Some times the cases are called, but, the Advocates of the called cases do not
come present. However, other Advocates of other cases keep sitting and
waiting for their turn. First of all, dispose of their cases particularly if they do
not have a lengthy job.

• Some of the Judicial Officers try to slam the doors of the court on a litigant on
finding a minor flaw. For the sake of an example, in one case, the application
was not signed by the Advocate inadvertently though he owned it and
proposed to sign the same, yet, the learned Judicial Officer was pleased to
dismiss the same. The result is that the Advocate, the office and the Judicial
Officer have to do the entire exercise again. The system is already
overburdened, therefore, all the Judicial Officers are advised to avoid
burdening the system further.
 (Practical Training regarding Criminal Matters)

FIRST DAY ZIMNI ORDER IN RESPECT OF WHAT TO BE SEEN AND WHAT TO BE

DONE BY JUDICIAL MAGISTRATE ON RECEIPT OF FOLLOWING :-
(i) Special report i.e. FIR
(Ii) Challan u/s 173 Cr.P.C.
(iii) Commitment order
• While committing the case, 7-10 days' date be given.

• Applications filed during the commitment proceedings must be

disposed of before committing the case, if the same are within your
jurisdiction.

(iv) Calendars
(v) Criminal Complaint in a case triable by a Magistrate.
(vi) Criminal complaint regarding offences exclusively triable by the Sessions
Court.
(vii) Complaint u/s 340 Cr.P.C.
(viii) Criminal complaint under provision of Protection of Women from Domestic
Violence Act, 2005.

(ix) Complaint u/s 138 of Negotiable Instruments Act.

• Presentation of a petition u/s 125 Cr.P.C.

• Interim orders in such applications.

• What to do when interim maintenance is not paid.

• Sometimes wives are earning even double than the income of their husband
and, still, the husband is directed to pay more amount than his income, what
to do.

• What to do when execution petition is filed to obtain interim maintenance.

• What is to be done where interim maintenance is ordered in Women

Protection Act and the order is not complied with. See Section 31 and 32 of the
said Act.

• In a case, the interim maintenance is fixed at Rs.4000/- per month. The

maintenance is sometimes paid and sometimes paid partly. The result is that
the said amount comes to Rs. 1,50,000/-, then the husband turns up with an
offer of paying a paltry sum of R.2500/- every month. (discuss)
• Some times in cases under Section 138 N.I. Act, the parties agree for making
the payment in reasonable installments and, therefore, they seek time for
payment of installments. The Magistrates, however, discourage such type of
arrangement.

• How to conduct enquiry in case of death in custody.

• What to do when the accused himself surrenders and claims that a criminal
case in the Court is pending against him.
• What to do when a person surrenders before the Magistrate though no case
is pending and files the bail application.
• What to do when no case against the person is pending but the Police seeks
Non-Bailable Warrant against a particular person.
• Sometimes it happens that bail order has been passed. The Numberdar and
the surety are present, but they are made to wait.

• What to do when the accused is produced in NDPS Cases.

• What to do when case the property is presented before a Magistrate in NDPS

Cases.
• What to do when applications seeking blood sample, handwriting, Narco Test,
Finger-prints, DNA Test of the accused etc., are filed.
• What to do when the accused claims that he has caused no injury to the
injured/complainant and the M.L.R. showing injury is false.
• What to be considered in bail applications.
• What to be considered when Police Remand is sought in bailable offences.
• If the Magistrate is convinced that some recovery is required to be effected
from an accused, therefore, the Magistrate has to grant remand on police
request. Sometimes, the recovery is required to be effected, yet, the request
for police remand is declined.

• What is to be done when the accused either surrenders or is produced before

the Court by claiming that he is a proclaimed offender.
• What to be done when Proclaimed Offender appears and some witnesses have
already been examined.
• What to be considered and done while entertaining bail applications in Non-
Bailable offences.
• Precautions to be observed while granting bail u/s 167(2) Cr.P.C.
• In a case filed under Section 420, 467 and 468 IPC, the accused was in jail for
103 days, but, the challan was not presented. The Magistrate called for the
report of the SHO for the next date. In the meantime, the SHO presented the
challan. The application for bail is dismissed. Discuss.

• The Magistrate must ensure that in every remand application, the date of
arrest of the accused is recorded. It is the duty of the Magistrate to ensure
that provisions of Section 167(2)Cr.P.C are not violated.

• What to be done when ladies are produced before the Court with allegations
of prostitution.
• What to do when the accused either appears or he claims that he is a minor.
• What to do when an accused is presented and transit remand is prayed for.
• What to do when a person files bail application by alleging that he has been
granted anticipatory bail or a regular bail by the Hon’ble Superior Court, or any
other Superior Court.
• In small quantity cases, where the total prescribed imprisonment is one
month, even there the bail applications are dismissed by the Magistrates.
Resultantly, when the man is out of jail, he has already spent more time in the
jail than the time he would have spent in the jail had he been convicted and
sentenced.

• What if the accused jumps bail during anticipatory bail or when the bail order
is passed by a Superior Court.
• What if the accused, while on bail, does not appear on a particular date.
• Whether the Court can refuse to accept Challan.
• What to do when the challan is present but the accused is not present.
• What to do when the challan is presented and the accused is also present.
• Whether the Court can direct the prosecution to file Challan.
• Do not refuse to attest the affidavit of a prosecution witness on the ground
that the police station concerned is not within your jurisdiction.
• What to do when a criminal complaint is presented under offences triable by
the Magistrate.
• What to do when a criminal complaint is presented in a Sessions case.
• Sometimes it happens that there are two cases arising out of the same
transaction. One is committed to the Sessions Judge and the other is triable by
the Magistrate.
• The tendency of fixing too many cases in their cause lists.

• When the Magistrate can take notice of offence on his own.

• What to be considered and recorded in summoning order.
• No criminal case/complaint be proceeded against the public servant if the
mandatory sanction to prosecute is not there.

• Conducting preliminary enquiry.

• What to be seen and recorded in order u/s 319 Cr.P.C.
• Consideration of charge in a criminal complaint.
• Some times, almost on every date, one or the other accused seeks exemption.
What to do?

• Wherever the application for exemption of the presence of the accused is

filed, consider it sympathetically. The intention should be to allow the
application if the Advocate undertakes that he would not be handicapped on
account of the absence of the accused. Requests of Senior citizens, Ladies and
ailing persons should be considered sympathetically

• In one of the cases, it has been discovered that there were three accused. Two
accused were being summoned, whereas the 3rd accused was appearing
regularly. He is coming to court from Delhi after every fortnight. In such like
cases, the accused, who has been coming regularly, his presence can be
exempted till the presence of the other accused is secured/obtained.
Otherwise also, the accused has to come from such a distant place only to
collect a date. The said purpose can also be achieved through the counsel of
such an accused.

• The application for discharge in session Trial.

• Consideration of charge.
• Application for discharge.
• What to do when there is criminal complaint and also a challan/FIR on the
same transaction.
• In a case an FIR was quashed and the accused appears before the learned trial
Magistrate with a certified copy of the said order issued by the Hon'ble High
Court. The learned trial Magistrate did not take notice thereof. In such like
circumstance, the procedure is to have the order verified from the Hon'ble
High Court through the Superintendent of this office and act accordingly.

• What to be seen while accepting Bail Bonds furnished by a Party or its Surety.
• The Judges should also realize that surety bond and the surety is such, which is
reasonable.

• Application for exemption of accused.

• What to be done at the time of consideration of charge when the accused is
deaf or dumb.
• Application for releasing of case property on Superdari, before, during or after
trial.
• Application for return of documents annexed with Challan during, before or
after trial.
• What to be done if unattested copies of statement of witnesses are demanded
by accused or prosecution.
• What to do when there are two cross cases regarding same incident.
• Application for Pardon.
• What to do when interim bail is sought for performance of a particular job like
appearing in an examination.
• Compounding of offences (Section 320 Cr.P.C.)
• It is observed that in cases where the offence is compoundable, after
recording the statement of the complainant or the person who is aggrieved
the cases are not being disposed off for days together.

• Withdrawal from Prosecution (Section 321 Cr.P.C.)

• What to do when Advocate or Litigant goes berserk.
• Application for cancellation of bail.
• What to do when there is request for recording Dying Declaration.
• Some Judicial Officers are insulting and rude to the Advocates
• It is seen that sometimes the dying declaration only refers to the Jeth, Jethani,
Deor, Chacha from which identity of the accused could not be established.
Therefore, the Magistrates while recording the dying declaration should be
careful that wherever the patient refers to a person with his designation or
relation, the Magistrate must ask questions for establishing the identity of
such a person properly.

• What to do when there is request for recording statement u/s 164 Cr.P.C.
• In a case of theft, the statement of the accused must be recorded as to
whether he claims ownership of stolen property.
• The case is under Sections 406 and 498-A IPC and the mother-in-law and the
father-in-law of the lady have remained in jail for a week, what the Judge is to
do in case the bail application is presented.

• The allegations are that the accused had stolen Rs.59,000/- and one LCD.
However, no recovery of any kind stands effected. The bail application has
been dismissed by holding that the allegations are serious.

• In one case, cheque was of Rs. one lakh and the bail order of Rs.4 lakhs was
passed.

• Sometimes the Hon’ble High Court or Supreme Court directs that the accused
be not arrested till a particular date and before that date if a regular bail
application is filed that be considered and disposed off by the Magistrate.
What to do.
• In a case where the FIR is registered under Sections 323, 452 and other similar
Sections, interim anticipatory is granted to the accused. Subsequently, the
police arrest the accused by adding Section 326 IPC. When the accused is
brought before the Magistrate, it is brought to his notice that the accused was
already under interim anticipatory bail. The prosecution states that the interim
bail order was not in the notice of the police. After the police comes to know
about the interim anticipatory in question the police seeks police remand of
the accused. What the Magistrate should do?

• Sometimes, neither the presence of the accused has been marked, nor his
presence has been exempted, nor any other explanation for his absence has
been given. But, at the same time, the case is being proceeded for recording
the evidence of the prosecution/complainant in the absence of the accused.

• Sometimes, it happens that an Advocate has a grievance against a particular

court. The Sessions Judges tries to redress the same. But, some of the Officers
take it personally and try to be vindictive towards such an Advocate.

• In some of the cases, it has been observed that free legal aid assistance has
been provided to a particular party. On occasions the Judicial Officers impose
costs upon such a party. The Judicial Officers are requested to find out some
other way of meeting any exigency.

• Sometimes in the criminal cases in which free legal aid has been provided,
copies supplied to the accused are not complete. Hence, the Judicial Officers
 in such cases are advised to be co-operative with the free legal aid Advocates
and ensure that whenever they demand, copies be supplied.

• In which ever case the free legal aid is provided, it should be written on file in
bold letters that free legal aid is provided in this case.

• The Judicial Officers may call the free legal aid Advocates provided to the
accused by making a phone call.

• Sometimes free legal aid services are provided to a litigant and a private
Advocate also appears on his behalf, even then, whenever the free legal
Advocate appears his presence must be marked on behalf of the said litigant.

• While making complaint (against Advocates) instead of giving your opinion,

actual act done by the Advocate be mentioned.
 PHASE - II
THE RECORDING, ANALYSIS AND APPRECIATION OF EVIDENCE WILL BE TAKEN CARE IN THIS PART OF TRAINING

EVIDENCE
CIVIL CASES

• How much opportunity is to be granted to the plaintiff and the prosecution.

• How many opportunities are to be granted to conclude the evidence of the

defendant.

• Application for permission to produce some, more evidence when the same
has already been closed by order.

• How to prove documents like Jamabandi, Girdawari, Statement of Accounts,

Entries in the Accounts Books, Cheque, Pronote, Will, Bank Statements,
Electricity Bills, Voter Cards, Passports, Ration Cards and Income Tax Returns.

• Application for secondary evidence.

• Application for additional evidence.

• Proof and appreciation of documents 30 years old.

• Zimni order regarding closing evidence of plaintiff by order or for declaring

cross examination of witnesses as Nil or for striking defence of the
defendants.

• Some times what happens is that the court either closes the evidence of a
party or holds the cross examination of a witness nil. Thereafter, an application
is filed either for grant of another opportunity to adduce the evidence by the
party whose evidence is closed by order or for calling the witness. Some times
what happens is that the Judicial Officer dismisses the said application by
stating that he has no authority to recall or revoke his/her earlier order. But,
Hon'ble Mr. Justice Kannan has circulated an order thereby declaring that the
Judge passing such an order has got the requisite authority to
reconsider/review her/his earlier decision.

• Difference between documents which have been exhibited and which have
been marked only.
• What to be seen when allowing evidence in rebuttal.

• Objections which are raised usually during examination and cross examination
and objections which are raised ordinarily regarding exhibition of the
documents.

• Application for de-exhibiting a document.

• Sometimes it happens that an Advocate seeks adjournment in a case where

the witnesses are being recorded, on account of an urgency, the courts may in
such cases adjourn the case for the next date after imposing some costs
compensating the witness.

• The courts invariably grant last opportunity and on some occasions close the
evidence of the plaintiff, defendant or prosecution. The court by adopting
one of the ways closes the evidence and then adjourns the case for the
appropriate next step. But, it is advisable that it should be ordered that in case
the party whose evidence has been closed by order brings in any evidence on
the next date, it would be recorded first subject to costs of Rs.____.

• Some times it becomes clear in the morning itself that there is no witness in
the particular cases, but the cases are kept pending till 4.00 p.m.

• Application u/s 45 of Indian Evidence Act and Order 29 Rule 29 CPC.

• Application u/s 10 CPC.

• Application for consolidation of 2 suits.

• Application for review of one’s own order.

• Application for setting aside ex-parte order.

• Application for setting aside ex-parte judgment.

• There is to be one judgment in 2 connected cases if tried together.

• Ex-parte suit has always to be decreed, consider and discuss.

• Application for amendment of Plaint or Written statement

CRIMINAL

• It is for the Magistrate to specify the witnesses which are to be summoned on

the next date.

• Application for de-exhibition of documents.

• Application for additional evidence.

• Application for re-calling the witness for further cross examination.

• Application for re-examination and cross examination of the witnesses.

• Application under section 65 of Indian Evidence Act.

• Some witness may be dispensed with by the officer like the witnesses
pertaining to registering FIR, like who drew/scaled site plan, photographer etc.

• There may be no need to examine several witnesses to prove one point.

• Ensure that the Doctor prosecution witness is summoned first so that he may
not be transferred in the mean time.

• Application u/ss 311, 319, 91 Cr.P.C.

• What to be done if prosecution has failed to conclude evidence despite

adequate opportunity.

• What is to be taken care of while recording statements of accused u/s 313

Cr.P.C.

• Objections raised during examination or cross examination of prosecution

witnesses.

• Where the evidence of a Magistrate is to be recorded through Video

Conferencing, it is not necessary that summons to him/her be sent one month
in advance. Therefore, ensure that even if there is a notice of one or two days,
the notice should be served upon the Magistrate and the Magistrate must get
her/his statement recorded through Video Conferencing.

• In a case under Section 125 Cr.P.C, interim maintenance was granted and the
case was adjourned for evidence of the petitioner. On the next date, the
petitioner insisted for the payment of interim maintenance ordered by the
learned JMIC and the learned JMIC insisted that first witnesses be recorded.
Discuss.
• In a case, Advocate's father-in-law passed away, but, a Judicial Officer
imposed costs and granted date.

• There is judgment of the Hon'ble Supreme Court (Sh.P.S.Batra, Advocate) as per

which courts must not insist on production of vehicles in accident cases.

• Please ensure that you are polite and courteous towards all human beings,
particularly towards the doctors. Please also ensure that the moment it comes to
your notice that there is a doctor present in your court for the purpose of his/her
evidence, record his/her evidence promptly in order to free him/her as early as
possible, as there may be patients, may be your relatives, awaiting the doctors.

• Some of the Magistrates have remarked that they would never close evidence of the
prosecution in a case under Section 498-A IPC (Discuss)

• Section 299 Cr.P.C. also see 82.4.

 PHASE - III

RECORDING OF JUDGMENTS AND ORDERS ON VARIOUS APPLICATIONS

RECORDING OF JUDGMENT AND ORDERS.

• The ingredients of a Judgment.

• Give a sample of every kind of Judgment to TJOs.

• What if a typographical mistake is detected after the judgment is signed.
• If the Judge has committed an error on recording a finding on merits of the
case, what should he do?

• In which cases probation is to be granted.

• A finding on each of the offences charged to be made separately, similarly a
sentence order regarding each of the offences on which the accused has been
convicted to be passed.
• Accused is to be held guilty and then to be convicted.

• The witness has not named even a single person, who has caused a particular
injury, but the Magistrate has convicted ten accused for the offence
punishable under Section 323 IPC. However, on the strength of the discussion,
he should have convicted all of them under Section 323 read with Section
149 IPC. For that matter, he was required to prove on file that all the accused
had common intention of causing the injury in question. But no reference
was made to Section 149 IPC.

• A person was convicted under Section 148 IPC, but no ingredient of the
Section 148 IPC was discussed or proved on file.

• The accused were convicted under Section 341 IPC, but no ingredient of this
Section 341 was discussed.

• The convicts have a right of being heard on the question of probation. But,
they were heard only on the quantum of sentence.
• There are a few courts which hear the arguments, but do not like to
pronounce the order for months together.

• Sometimes the Civil Judges order "the suit be decreed." It means that
somebody else has to decree the suit, whereas it is the job of the Civil Judge
himself.
• One of the Civil Judges has decreed the suit for recovery and has directed that
the decretal amount be paid within seven days.
• In some of the cases, the arguments extended by an Advocate against whom
ultimately the judgment is delivered are not reflected in the judgment and at
the same time sometimes even the judgments cited by such an Advocate also
do not find mention in the judgment.

• In an execution petition, a Judge refused to receive and entertain an objection

petition filed by a party. He did not permit even it being placed on the file.

• Sometimes officers refuse to accept written arguments.

• Give clear findings on each of the offences charged.

• The Advocates invariably report that the judgments cited by them are not
reflected or referred to in the judgment.

• In the judgments recorded by the Judicial Officers, the names of the counsel
are not reflected.

• One SSP has stated that some times even when the police is convinced that no
police case is made out against a person, the police has to register a criminal
case by wilting under the pressure of the Public, which organizes Dharna and
Gherao etc. He stated that the police does so in the hope that the Judiciary will
rectify the error. On the other hand, some of the Magistrates state that since
the police has mentioned in the FIR some Sections which indicate grave
offences, therefore, they are not going to grant bail to the accused.

• I wanted to cross the road. The moment I stepped on the road, the respondent
came driving his truck rashly and negligently. He struck his truck against me. At
the time of the accident, I was on the extreme left side of my road. Who is
negligent?
 CONSTITUTIONAL AND SUBSTANTIVE LAWS

For teaching this part of the curriculum, the 5th period on every working day will be
utilized.

Sr.No. Topics Units

The Indian Constitution & Judicial System

(a) Constitutional Values :

• Constitutionalism
• Rule of Law.

(b) Justice as a value under Indian Constitution

• Preamble, Articles 13, 14, 21, 38 and 39.

(c) Fundamental Duties.

(d) Delegated Legislation.

Judicial Process :
• Fair Trial- Attributes and Principles of
Natural Justice.
Role of a Judge

Judge as a pivot of the court system; Judiciary

as a catalyst to Social Change; Judge as a
Guardian of Rights; Adherence to Core
Constitutional Values; Judge in a Democratic
Society; Judge as Judicial Reformer.
Court Craft & Court Management
Managerial functions: Planning
(classification of cases-distribution
according to expertise)

Judicial leadership

Delegation, Supervision, review and

assessment including
the problem of delay and arrears

Court Management

Case Load Management

Case Flow Management

Adjudication Management

Co-ordination with High Court and

Addressing Grievances.
Law and Society, Judiciary and Ethics and
Integrity of Judicial Process (including High
Court Rules and Orders)

Law as an instrument of Social Change; law as

a product of traditions and culture;
Relationship between Constitutional Values
and Societal values; Gender Justice.

Qualities of a Judge for Effective Decision-

making (Empathy, reflection, rectitude, ability
to develop sympathetic detachment)

Personal qualities - humility, sobriety and

courtesy, integrity, tolerance, punctuality.

Judge as a Public Servant

Interaction of a judge with other judges

including the judges of the Supreme Court,
High Court, District & Sessions Judges, and
other officers – such as Executive Officers,
Advocates, Prosecution & Subordinate staff.

Judicial Accountability.

Recusal
Fairness
Standards for Ethical Conduct of Judges
Court Rules, interface with society
Identifying and Avoiding Prejudices and
Biases.
Access to Justice Initiatives

Alternative Dispute Resolution Measures (Civil

Procedure Code, mediation, conciliation,
judicial settlement, plea bargaining).

Legal Aid

Working of NALSA, HALSA and PULSA

Legal Services Authority Act, 1987

With Rules and Regulations.
Practice Norms (Judicial)

General Rules (civil and criminal) and circular

letters issued by
the High Courts to regulate court working on
the judicial side.
(Details to be supplied by the State Judicial
Academy/High Court
concerned); Maintenance and inspection of
court registers.

Interpretation of Statutes :-
• Role of Interpretation – Internal and
External Aids.
• Doctrine of Stare Decisis.
• Legal language and Latin Maxims.
Environmental Laws
• Concept of Environment Ecology.
• Environment Pollution and Sustainable
Development.
• Environment protection : Common Law
Remedies (Tort).
• Statutory Remedies :-
♦ IPC – Sections 268, 294A, 426, 430, 431
and 432.
♦ CPC – Sections 91 and 133.
♦ Cr.P.C.- Section 89.
♦ Environment Protection Legislation : An
Overview.
REVENUE

Revenue Terminology (used in land records)

Mutations and Fard Badar

Khasra Girdawaris

Musavi, Field Book and Roznaamchas

Land demarcation and different units of area

and linear measurement of land

Zamabandi, its importance and appreciation

Partition of agricultural land and Jurisdiction

of Civil Courts vis-à-vis Revenue
Authorities/Revenue Courts.

Punjab Land Revenue Act : Appreciation of

evidence provided by land records in trial of
Civil Suits; Presumption of truth attached to
revenue record and Section 44 of Indian
Evidence Act.

Interface with computerization of

revenue/Land records and its admissibility vis-
à-vis Section 65A of Indian Evidence Act.

Introduction of Pedigree Table its preparation

use and importance.

Hierarchy of Revenue Officers.

Arrears of Land Revenue; procedure of

realization.

Visit to a village for acquainting the TJOs with

the original revenue record, features of
revenue estate and demarcation of agriculture
land with the help of revenue officials.

Probation of Offenders Act, 1958

Common Intention and Common Object
(Sections 34 and 149 IPC)
General Exceptions in criminal cases
(Section 76 to 95 IPC)
Law regarding Criminal Conspiracy
(Section120A-120B IPC)
Contempt of lawful authority of public
servants.
Contempt of Courts Act
How to handle Litigant or Advocate who goes
berserk.
False Evidence and Offences against Public
Justice
(Section 191-229A IPC)
Offences relating to Public Nuisance and
Obscenity
(Section 268 and 294 IPC)
Offences relating to cheating
(Section 415 to 420 IPC)
Offences relating to Defamation
(Section 499 to 502 IPC)
Law of Evidence
• (Sections 1 – 100)
• Law of Estoppel
• Sections 118 and 119
• Sections 161 to 164
General Clauses Act, 1989
Punjab Courts Act, 1918
Oaths Act, 1969
Suits Valuation Act, 1887
Indian Stamp Act, 1887
Courts Fee Act, 1870
Purchase of movable and immovable property
by Judicial Officers

Filing of return of property every year

High Court Rules and Orders
Hindu Law on Succession

Joint Family Property

Coparcenary under Hindu Law and Devolution

of Coparcenary Interest in property
Liquidated and Unliquidated damages vis-à-vis
Indian Contract Act, 1872
And
Enforceability of Contracts and remedy
available to beneficiaries
Specific Relief Act, 1963
• Specific Performance of Contracts.
• Rectification and Cancellation of
Instruments
• Recession of Contracts
• Mandatory and Perpetual Injunctions
Registration Act, 1908 : General View
Indian Succession Act, 1925
• Section 63 of Indian Succession Act
• Sections 68 and 69 of Indian Evidence Act.
• Wills, Probate & Letters of Administration.
Right to Information Act, 2005.
Transfer of Property Act, 1882 : An Overview.
The Limitation Act, 1963
The Partnership Act, 1932 with special
reference to Dissolution of Firm, Registration
of Firm and its effects
Marginal Communities and the Law.

•Scheduled Caste and Scheduled Tribes

(Prevention of Atrocities) Act, 1989.
Negotiable Instruments Act, 1988
Sections 138 to 141.
India Arms Act, 1959 and
The Public Gambling Act, 1867.
• Protection of Women from Domestic
Violence Act, 2005.

• Pre-Conception and Pre-Natal Diagnostic

Techniques Act (Regulation and Prevention of
Misuse Act), 1994.
• Drug and Cosmetics Act, 1940
• The narcotic drugs and psychotropic
substances Act, 1985.
Police Act, 1861 and Punjab Police Rules
Food Safety and Standards, 2006
Food Security Act.
• Information Technology Act, 2000
• Computer Forensics and E-Evidence.
Anti-Human Trafficking
• Immoral Traffic (Prevention) Act, 1956.
• Protection of Children from Sexual Offences
Act, 2012.
• Labour Welfare Legislation : An Overview.
Children Labour (Prohibition and
Regulation) Act, 1986.
Ajmal Amir Kasab Trial
 GUIDELINES FOR FACULTY MEMBERS
• Daily, from Monday to Friday, invariably, 4 units each day will be utilized for
providing practical training to the Trainee Judicial Officers and 5th period will
be utilized in providing theoretical training.

• 6th period every day will be reserved for revision of the work done during the
day by sitting in the Library. There will be only 3 units on every Saturday.

• While teaching practical aspect of the matter, in every period the Resource
Persons will teach only for ½ hour and remaining ½ hour will be utilized in the
interaction.

• To virtually handover practical propositions to the Trainee Judicial Officers

and to seek individual solution/reaction and then discuss the solution in the
open house.

• As far as possible whatever we are referring to, we must show the same to the
TJOS like summons, bailable warrants, endorsements of Ahlmad, Jamabandi,
Girdawari, Challans, Plaints, Written Statements.

• To take up actual problems of pending matters/pending files and then

introduce the same to the Trainee Judicial Officers.

• During practical and theoretical training during these entire periods, the
emphasis would be on journey of a Judicial File beginning from its institution
till its final disposal and final consignment to the record room.

• The intention would always be to discuss the matter with the practical aspect
in view.

• As far as possible, the atmosphere in the class should be practical instead of

theoretical.

• Resource Persons will get in touch with the Ahlmads to arrange actual matters
pending before the Court and then he/she will handover copies thereof to the
Trainee Judicial Officers and will discuss.
• We will ensure that whenever we talk about a Statute, we ensure that all the
Trainee Judicial Officers know as to what objective is required to be achieved
by that Statute.

• While talking about the jurisdiction of the Civil Court, we talk about the
jurisdiction of Civil Court vis-à-vis the cases where the jurisdiction of Civil Court
is barred.

• Whatever topics we are going to take up with the Trainee Judicial Officers,
we shall first discuss them in the entire faculty.

• We will ensure that Trainee Judicial Officers are not reluctant in interacting in
Hindi/Haryanvi as far as the Trainee Judicial Officers from Haryana are
concerned as well as in Punjabi as far as Trainee Judicial Officers from the
State of Punjab are concerned.

• Whenever the Resource Person does not have actual/complete information

regarding the questions raised by the Trainee Judicial Officers, he shall be
candid, and come back to the problem after consulting his records.
 GUIDELINES TO SESSIONS JUDGES REGARDING FIELD TRAINING

♦ During Field Training :-

(a) Actual Kachi Peshi will be assigned to the Trainee Judicial Officers; they
shall themselves pass Zimni Orders. They shall do this duty in the fore-
noon session. They will e-mail whatever Zimni orders they have passed.
They shall also e-mail the problems faced by them to the Academy.
Faculty Members will analyse zimni orders they have passed and will also
respond to problems faced and sent by Trainee Judicial Officers.

(b) After lunch, Trainee Judicial Officers will sit with their respective Senior
Colleagues and observe the bail applications and remand requests being
dealt with. TJOs will themselves pass orders separately on remand
requests and on bail applications; then they will e-mail the same to the
Faculty Members who will respond to the same.

(C) Sessions Judges will assign duties to the Trainee Judicial Officers to
record evidence in civil cases.
 GENERAL INSTRUCTIONS FOR TRAINEE JUDICIAL OFFICERS

• Checking cleanliness of the Court.

• Send reply to the information sought to Hon’ble High Court quickly.

• The Civil Judges are to be aware that the procedure is meant to facilitate the
Court to arrive at proper decision.

• Civil Judges must know difference between:-

(a) Plaintiff has to stand on his own leg.

(b) Proposition not rebutted is deemed to be admitted.

• Be courteous to the litigants, witnesses and the Advocates.

• It is seen that Civil Judges do not put full signatures on leave applications. Not
appreciable.
 TRAINEE JUDICIAL OFFICERS WILL GO THROUGH THIS PART OF SYLLABUS
THEMSELVES AND WOULD COME PREPARED WHILE ATTENDING THE CLASSES.

CIVIL

Place of suing. (Sections 15 to 25 of CPC)

Institution of suits and parties to suits. (Section 26 & Order 1 of CPC)

Frame of suits. (Or. II CPC along with relevant High Court Rules)

Jurisdiction of Courts, stay of suits , res-judicata and consolidation of suits.

(Section 9, 10 & 11)

Pleadings in general. ((Or. VI CPC along with relevant High Court Rules))

Issuance and service of summons. (Sections 27, 32 and Or. 11 CPC along

with relevant High Court Rules))

Appearance of parties and consequences of non-appearance.

(Or. IX CPC along with relevant High Court Rules)

Ex-parte order/decree. (Or. IX CPC along with relevant High Court Rules)

Law of discovery and Inspection. (Or. XI CPC along with relevant High Court
Rules)

Production impounding and return of documents. (Or. XIII CPC along with

relevant High Court Rules)

Framing and striking off issues including Preliminary Issues.

(Or. XIV CPC along with relevant High Court Rules)

Summoning and attendance of witnesses. (Or. XVI CPC along with

relevant High Court Rules)

Taking of evidence and examination of witnesses. (Or. XVIII CPC

along with relevant High Court Rules)

Evidence by Affidavits. (Or. XIX CPC along with relevant

High Court Rules)

Evidence on commissions.

(Or. XXVI CPC along with relevant High Court Rules)

Foreign Commissions. (Or. XXVI CPC along with relevant

High Court Rules)

Issues of Commissions. (Sections 75 – 78 and Or. XXVI CPC along

with relevant High Court Rules)

Grant of adjournments.

(Or. XVII CPC along with relevant High Court Rules)

Admissions of facts and documents. (Or. X CPC alongwith relevant High Court
Rules)

Withdrawal & adjustment of suits. (Or. XXIII CPC alongwith relevant High
Court Rules)

Suits by indigent person. (Or. XXXIII & Order XLIV CPC along with relevant
High Court Rules)

Attachment before judgment. (Or. XXXVIII CPC along with relevant High Court
Rules)

Law of summary procedure. (Or. XXXVII CPC along with relevant High Court
Rules)

Law of Restitution. (Section 144)

Inherent powers of courts. (Section 151-153)

Award of interest (Section 34)

Award of Costs. (Section 35)

Grant of injunctions temporary, permanent and interlocutory.

(Order XXXIX CPC).

Art of writing Judgment under CPC and HC Rule and Orders

Execution of orders and decrees & its various modes (Section 36-74 order
XXI)

Stay of execution. (Or. XLI CPC along with relevant High Court Rules)

Arrest and Detention of Judgment debtor ( Or. XXI CPC)

Attachment of property in execution. (Or. XXI CPC along with relevant High
Court Rules)

Sale of property in execution. (Or. XXI CPC along with relevant High Court
Rules)

Effect of death, marriage and insolvency of parties.

(Or. XXII CPC along with relevant High Court Rules)

Suit by or against the Govt. (Section 79-80 and Or. XXVII CPC along with
relevant High Court Rules)
Suits by or against corporations. (Or. XXIX CPC along with relevant High Court
Rules) Suits by or against firms. (Or. XXX CPC along with relevant High Court
Rules)

Suits by or against minor. (Or. XXXII CPC along with relevant High Court Rules)
Suits by or against person of unsound mind.

(Or. XXXII CPC along with relevant High Court Rules)

Suits relating to mortgages. (Or. XXXIV CPC along with relevant High Court
Rules)

Receiver - Appointment & Rules (Order XL)

Public nuisance. (Section 91)

Public charity. (Section 92)

Transfer of cases. (Section 22)

Doctrine of election and its, operation collusion.

CRIMINAL

Arrest of the persons with specific emphasis regarding obligations of the

persons making arrest, and rights of person to be arrested.

(Section 41-60A Cr.PC)

Service of summons and warrants how to be effected. (Sec 61-90)

Law regarding proclaimed offenders and recording of evidence in absence

of accused. (Section 82-86 and 299 Cr.P.C)

Processes to compel production of documents and things etc.

(Sections 91 & 92 Cr.PC )

Law regarding issuance of search warrants.

(Section 93 -94 Cr.PC)

Law and procedure relating to disposal of application for maintenance u/s

125 Cr.P.C and its execution including an application for interim
maintenance .

First Information Report (F.I.R) (Section 154 Cr.PC)

Investigation of a non-cognizable offence (Section 155 Cr.P.C.).

Ordering investigation by Magistrate under provisions of Section 156(3)

Cr.PC.

Recording of statements/confessions under section 164 Cr.P.C. including

Dying Declaration with relevant High Court Rules and Orders.

Police Custody, Judicial Custody, Transit remand and concept, nature &
implications of compulsive bail. (Section 167 Cr.PC)

Judicial Remand (under section 309(2) of CrPC) How it is different from the
one under section 167 Cr.PC.

Powers of the magistrate to stop the investigation in a summons case

(Sec.167 (5) of Cr.P.C.)
Final report of investigation u/s 173(2) Cr.P.C.

Further investigation and reinvestigation. [Section 173 (8)]

Inquest proceedings & Inquiry by Magistrate into cause of death & Inquiry
by Judicial Magistrate in cases of custodial rape or custodial death. (Section
174 -176 Cr.PC)

Determination of jurisdiction of the criminal courts in inquiries and trials

(Sec. sections 177 to 189)

Prosecution for contempt of lawfull authority of public servants, for

offences against public justice and for offences relating to documents
given in evidence. (sec.195 and 340 Cr. PC)

Law regarding mandatory sanction to prosecute.

(Section 196 &197)

Taking cognizance of an offence in a complaint case and issue of

processeses to accused (Sec. sections 200 to 204 CrPC)

Commitment of cases (including cross case trials by magistrate) to

Sessions Court in case of police challan and on complaint.

(Section 208, 209 & 323 Cr.PC)

Framing charges, joinder of charges and persons who can be charged

jointly (Chapter 17 section 211, 218, 219, 223, 224 CrPC)

Alteration/Addition of charges during trial. (Sec 216 Cr.P.C.)

Trial of warrant cases on a charge sheet submitted by the local police in a

(Chapter 19, Sections 238 to 243 and Sec. 248 of the Cr.PC)

Trial of warrant cases other than police report under Section 173 of CrPC.
on complaints (Chapter 19 Secs. 244 to 247 Cr.PC and 248 Cr.P.C.etc.)

How to record the evidence of a hostile witness, and of witness summoned

to produce record etc. in criminal trial.

Trial in summons cases. (Section 251 to 259 CrPC)

Examination of witnesses on commissions. (Section 251 to 259 Cr.PC)

Summary trial and how it differs from trial of summon cases.

(Section260-265Cr.PC)
Protest petition in criminal cases. Procedure for trial of a police case and
complaint case arising out of same offence.
(Sec. 173 of CrPC, Section 190 CrPC and Section 210 of the CrPC).

Plea Bargaining in criminal trials. (Chapter 21A of the CrPC)

Concept of free legal aid in criminal trial. (Section 304 Cr.P.C.) Examination
of accused during the trial. Implications of non-recording of statement v/s
313 of Cr.P.C. (Section 313 Cr.P.C)

Summoning of additional accused during trial. What is evidence within the

meaning of the provisions of Sec 319 Cr.P.C.

(Section 319 Cr.PC)

Compounding of offences. (Section 320 Cr.P.C)

Withdrawal from prosecution (321 Cr.PC)

Trial of persons previously convicted of offences against, coinage, stamp

law or property (324 Cr.PC)

Procedure to be followed during trial involving persons of unsound mind.

(Section 328 to 339 Cr.P.C)

Powers of Courts regarding transfer of criminal cases.

(Section 406 to 412 and 326 Cr.PC)

Offences affecting the administration of justice. ( Sec. 340 – 352 Cr.PC)

Appreciation of evidence in criminal cases and writing judgment (Sec. 353-

364 and 325 Cr.PC)

Principles of law regulating the grant of regular bail and anticipatory bail.
(Section 436 to 441 Cr.PC)

(a) Principles for cancellation of bails.

(b) Law relating to Bonds & sureties.

(Section 440 to 450 Cr.PC)

Release, confiscation and disposal of case property in criminal cases.

(Section 451 TO 459 Cr.P.C)

Effect of absence of charge. (Section 464 Cr.PC)

Procedure for proving report of the chemical examiner, post mortem

report or other reports etc.
 Return of documents exhibited during course of trial.

Procedure to be followed to receive evidence on affidavits.

Quantum of sentence,

Arrest of persons from foreign states under Extradition Act 1962 & Chapter
VII-A Cr. PC.

Law relating to trial of Army personnel.

Schedule for Induction Training Programme of newly recruited Civil Judges (Jr. Divn)
[PCS(JB)].

Phase - I

Kachi Peshi, Service of Summons, Filing of Replies for appearance by defendants, Framing of
Issues.

Period from 19th May 2014 to September 16, 2014.

♦ 19th May 2014 to 24th May, 2014 Field Training.

♦ 26th May, 2014 to 13th June, 2014 Institutional Training.

♦ 16th June, 2014 to 30th June, 2014 Field Training

♦ 1st July, 2014 to 21st August, 2014 Institutional Training.

♦ 22nd August, 2014 to 10th September, 2014 Field Training.

♦ 11th September, 2014 to 16th September, 2014 Reconciliation.

Phase –II

Recording , analysis and appreciation of evidence (Trial).

♦ 17th September, 2014 to 18th October, 2014 Institutional Training.

♦ 20th October, 2014 to 22nd November, 2014 Field Training.

♦ 25th November, 2014 to 20th December, 2014 Institutional Training.

♦ 22nd December, 2014 to 10th January, 2015 Field Training.

♦ 11th January, 2015 to 16th January, 2015 Reconciliation.

Phase – III

Police Training at the Academy.

♦ 17th January, 2015 to 31st January, 2015 Police Training.

Phase – IV

Recording of Judgments

♦ 1st February, 2015 to 28th February, 2015 Institutional Training.

♦ 1st March, 2015 to 31st March, 2015 Field Training.

♦ 1st April 2015 to 15th April, 2015 Reconciliation

Phase – V

Execution

♦ 16th April, 2015 to 30th April, 2015 Execution

Phase – VI

Bharat Darshan

♦ 1st May, 2015 to 15th May, 2015 Bharat Darshan