Minutes of the Workshop on 26.09.2015

Minutes of the Workshop held on 26.09.2015 at Ananthapuramu

Presided over by the Chair Person Hon’ble Administrative Judge

Sri P.Naveen Rao garu, Judge of High Court of Judicature

for the State of Telangana and Andhra Pradesh

As per the direction of the Hon'ble High Court workshop was conducted on the

topic of “Judgment writing in general and Judicial Ethics.” The sub-topics included in the

workshop are

Tips about writing Judgments,

Framing of Issues and Judgment Writing,

Writing reasoned orders and

Cannons of Judicial Ethics; Conduct, Character and Integrity of a Judicial Officer.

The District Judge being Nodal officer chosen Sri S.Kamalakara Reddy,

Prl. Junior Civil Judge to assist him. The Dist. Judge took all necessary steps to conduct

workshop under the guidance of Hon'ble Administrative Judge. The District Judge had

been in touch with the Administrative judge in finalizing the modalities to conduct

workshop.

The Dist. Judge had contacted Sri Justice Ranga Reddy, former Judge High Court

of AP and other Rtd., Dist Judges to contribute articles and participate in the workshop.

Sri Justice Ranga Reddy garu readily accepted to participate in the workshop. The Dist.,

Judge contacted several professors of the SK University. Sri Sheshaiah garu, Retd.,

professor and Sri Vijayakumar garu professor, Dept of Law, S.K University consented to

contribute articles and participate in the workshop.

All the arrangements were made to receive and oversee the resource persons. Their

travel arrangements were taken care of. The Protocol Magistrate Sri Bujjappa received

the resource persons on the date of the workshop and saw them off after conclusion of it.

The Dist Judge identified two Judicial Officers namely Sri Fazululla, Senior Civil

Judge, Kadiri and Sri Kamalakara reddy, Prl., Junior Civil Judge, Ananthapur a month

before the date of workshop to prepare relevant papers and to pick up citations .

Accordingly, the above nominated Judicial Officers presented articles and placed recent

case law on the subject chosen while the workshop was in progress. Directions were also

sent to all the Judicial Officers in the district to contribute paper on the main and sub

topics.

Prl Dist., Judge of Anantapur, 3rd

Addl., Dist Judge of Anantapur, Sr., Civil Judge

of Dharmavaram, Pr., Jr., Civil Judge of Anantapur, Kadir, Jr., Civil Judge of Kadiri,

kalyanadurg, Rayadurg, Madakasira and Tadipatri presented papers on Cannons of

Judicial Ethics.

Senior Civil Judge of Dharmavaram contributed paper on Judgment writing. Sr.,

Civil Judge of Kadiri contributed paper on Framing of Issues-Judgment writing. Prl.,

Junior Civil Judge submitted paper on Writing Reasoned Orders.

All the Judicial Officers in the District participated in the workshop conducted on

Minutes of the First Workshop Ananthapuram

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26-9-2015 except Sri Ramulu, the II Addl., Dist., Judge Hindupur, being absent on

medical grounds. It is not out of place to mention that five courts are kept vacant. The

Hon'ble Adminstrative Judge Sri Naveen Rao garu in the capacity of Ex-Officio

Chairperson and chief mentor of the programme participated in the workshop.

The entire day of the workshop had been divided into four sessions.

Session Topic Duration

I Tips on Judgment Writing 10-00 AM to 11-30 AM

II Framing of Issues and Judgment Writing 11-50 PM to 1-00 PM

III Writing Reasoned Orders 1-45 PM to 3-00 PM

IV Cannons of Judicial Ethics; Conduct, Character

and Integrity of a Judicial Officer 3-20 PM to 5-00 PM

At 9-30 AM the Hon'ble Adminstrative Judge, the Dist Judge and all the Judicial

Officers assembled in front of the Dist Court Building and a group photo was taken.

Thereafter all the officers went to the Dist., Court Hall and occupied their allotted seats.

Inaugural session was commenced at 9-45 A.M by inviting the following

dignitaries on to the dias by Smt Suneetha, III Adll., Dist Judge., Anantapur.

Sri Justice P.Naveen rao garu

Sri Justice Rangareddy garu.

Sri vijay Kumar Prof Head of the Dept S.K University.

Sri Seshaiah former Prof Law dept., S.K University.

As a token of respect flower bouquets were presented to them. Hon'ble

Administrative Judge P.Naveen Rao garu lighted the lamp and declared the

commencement of the workshop.

The Principal District Judge Sri Ganesh Babu in his opening remarks welcomed

the Hon'ble Adminstrative Judge and other Judicial Officers and resource persons to the

workshop. As a pious duty Dist, Judge submitted the profile of the Hon'ble

Administrative Judge to the participants.

Thereafter, the District Judge in his opening remarks submitted as follows:

We all knew that for any statute what we find in the beginning is the word

PREAMBLE. Preamble gives the purpose and object for which it is meant. Similarly for

Judicial Officers’ workshop preamble is incorporated at the behest of the Hon'ble Acting

Chief Justice of High Court of Judicature for the State of Telangana and Andhra Pradesh.

The preamble envisages as follows:


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“To equip the Judicial Officers with sound knowledge in law, substantive as well

as procedural, and in such other faculties as may be felt necessary from time to time to

enable them to discharge their functions confidently and efficiently maintaining high

degree of rectitude”.

It is our lordship Hon'ble Acting Chief Justice's brain-child. In this regard I would

like to place before the participants that though it is not visible but you can see a hidden

icon in the above preamble pertaining to motivation. Motivation is very important in

order to inculcate efficiency maintaining high degree of rectitude. For this reason our

Hon'ble Acting Chief Justice has introduced this workshop stretching the entire calendar

year dealing with various subjects which are also enunciated in the programme. This

motivation is quite essential to reach the goal set up by the Hon’ble High Court aimed at

the Judicial Officers. It is necessary to recaptulate ourselves the circumstances under

which the Power Point presentation (PPT) was introduced in our District Judiciary. On

the last occasion i.e., on 1-8-2015, his lordship before coming to Anantapur to preside

over the District level Judicial Officers conference, suggested to me that “why do not we

introduce paper-less District Judicial Officers Conference.” Accordingly with your

lordships able guidance and direction the paperless conference was held on 1-8-2015

relatively in a successful manner. With the same zeal and encouragement, now we are

conducting the paperless workshop through PPT.

All of you knew that the workshop will have four sessions, each session is covered

by a topic approved by the Hon'ble High Court. The topic in the first session is :

Judgment writing in general; the topic in the second session is : Framing of issues and

judgment writing, the topic in the third session is : Writing reasoned order, and the topic

in the fourth session is for discussion on Ethics.

For these topics the participants have been identified in advance to submit papers

and after that the resource person of the concerned topic will initiate the discussion on the

said topics and involvement of the participants is also important in this workshop by

raising doubts. Moreover as I reminded you, the hidden icon motivation is concern, the

live example we can find in the Hon'ble Administrative Judge who is the role model as

far as Discipline, Motivation and upholding the Dignity and Decorum of the Judiciary

concern.

In this regard, I would like to submit that our Hon'ble Administrative Judge

recently put a target in the paperless conference, not by command but by his lordship

soberness, in a very gentle way, that by next coming programme ie., today's workshop

that all the Judicial Officers try to reduce the pendency to the level of opening pendency

as on 1-1-2015.

My lord, my brother and sister Judges of Anantapur unit, put their relentless efforts


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to reduce the pendency. I would like to place the statistics before your Lordship through

PPT.

34854

17981 17521

35314

0

5000

10000

15000

20000

25000

30000

35000

40000

Pendency 01-01-2015

Institutions Disposals Pendency 23-09-2015

Opening Balance 19720 AFT:1581

LA :314

OW: 4642

Institutions 7492

Disposals 6537

Closing Balance 20675

Civil Side Criminal Side

1.31% Increase in Pendency

Opening Balance 15134 AFT: 3163

LA : 3857

OW: 3964

Institutions 10489

Disposals 10984

Closing Balance 14639

** LA : Lok Adalat OW : Other wise

Consolidated Statement for the Period from 01.01.2015 to 23.09.2015

34854

35314

Disposal Rate : 33.16%

The above statistics itself cannote that the gap is only a margin of 456 cases. The

reasons are so many for not reaching the targets. One of the reasons is vacancy of five

courts, the other one is abstaining of the advocates from attending courts for various

reasons during the crucial period. Further there is no contribution from the District courts

in disposal of cases under the M.V Act on account of directions to take steps to add the

driver of the crime vehicle as one of the respondent in the claim petition.

After your Lordship visit, National Lok-Adalath was held on 8-8-2015 thereafter

on 12-9-2015, Your Lordship can find tremendous increase in disposal of the cases in the

latest National Lok-Adalath compared to earlier National Lok-Adalath and the same can

be visualized in the following graph.

460

1228

0

200

400

600

800

1000

1200

1400

No. of cases Settled 08-08-2015

No. of cases Settled 12-09-2015

Disposal rate is increased 2.66 times

Statement showing the Difference between the LokAdalats held on

08-08-2015 and 12-09-2015

460

1228


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I believe by your Lordships spontaneous encouragement, support given to us, we

can achieve the target in the near future. This type of motivational push-up, by your

Lordship, is required for the Judicial Officers, because every Judicial Officer have inbuilt

skills and knowledge but somebody should be there to motivate them to do more work in

the interest of institution in general and to the litigant public in specific.

Likewise, when your Lordship came to the Judicial Officers Conference your

Lordship instructed me to take up recruitment process which was put on hold by the order

of the Hon'ble High Court. So I have taken up the recruitment process for Process

Servers as directed by the Hon'ble High court in order to minimise the hardship which the

Judicial Officers are facing on account of dearth of staff.

I could submit the panel for the Process Servers to the Hon'ble High Court within

a span of one month and here also I would like to bring to the notice of my brother and

sister Judges that so far as this recruitment process concern I never received a single

phone call from Hon'ble Judge. Infact your Lordship has given a valuable advice to me

to make the recruitment process more transparent by adopting parameters for awarding

marks for the oral interview so as to avoid discrimination. The Hon'ble Judge has also

given me one more suggestion to complete the recruitment process as early as possible so

as to avoid unpleasant situation. Here I submit that really your Lordship's guidance has

helped me a lot in submitting report to the High Court within a short span of time without

giving any scope for rumours. So this is exactly the hidden icon touching the motivation.

I don't want to take much time because submission of papers by concerned Judicial

Officers, initiating of discussions on such papers and, expecting, some discussion from

the participants.

You have seen in the circular of the Hon'ble High Court that this workshop should

not be one sided just reading papers and submitting in the workshop but there should be

some fruitful and useful discussion also.

Therefore, I appeal to all the brother and sister Judges, after listening the

participants who presented their papers, interact and raise whatever doubts you have in

your mind and get them clarified from none other than the Hon'ble Administrative Judge,

whose presence, we should feel as a privilege, as in the normal circumstances, you will

not get this opportunity. Similarly the presence of professors, eminent academicians from

the S.K.University.

Now, I request the Hon'ble Administrative Judge to deliver valuable message on

the eve of this workshop.


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MESSAGE BY HON'BLE SRI JUSTICE NAVEEN RAO GARU, JUDGE,

HIGH COURT OF JUDICATURE FOR THE STATE OF TELANGANA AND THE

STATE OF ANDHRA PRADESH CUM ADMINISTRATIVE JUDGE FO

ANANTAPUR.

First of all I congratulate you for the work done by you in reducing the pendency.

I hope this will continue in future and it will give a good farewell to your Prl. District

Judge by bringing it to the negative side of the pendency compared to last visit. I am the

motivating person. I will be happy for that. However, I am not here to supervise you. I

am also one of the participant. We are all part of institution. The object of this workshop

is to motivate the Judicial Officers to get better output. The ordinary man will come here

and does not know about the problems with regard to the pendency and shortage of

Judicial Officers. The shortage of Judicial Officers is giving pressure on the existing

Officers. This will also have some impact on the output. This problem is everywhere

from top to bottom. I have gone through the papers given by you and after reading them

I am very happy and I am very confident that all of you are competent and you have done

good job. Therefore, the interaction is only to clear the doubts so as to give better output.

We have the privilege of Senior Judge Sri Justice Ranga Reddy garu, with his good

experience and knowledge as he worked from lower judiciary to the High Court, we can,

gain much from him. Participation of two professors from academic side will give good

influence to understand to the academic side what can be done. To initiate the discussion,

I just share one recent experience of District Judge. He participated in a workshop. In

that workshop an academician and mathematician participated and wanted to present a

paper. He wanted to adjudicate in this process. He gave an example like 5 persons were

in a dark room. One person was murdered. E was murdered. A, B, C, D were present in

the room. Nobody can see them. You have to decide who murdered E. A was 10 ft

nearer to E. B was 15 ft far away from E …... so on. Therefore, the possibility of

committing murder by A, B, C, D, has to be decided. Then he put it in facebook and

twitter. He invited the opinion of public. Basing on their opinion he analyzed. The most

possible logic is A must have committed the murder. This is not practically possible.

The academician and mathematician was not satisfied. He said why not possible.

Therefore said, we have to imagine several aspects. It is not like simple mathematical

theory. With this interaction I initiate to start the proceedings.

Thereafter Hon'ble Administrative Judge Sri P.Naveen Rao garu in his opening

remarks asked the Judicial Officer to actively participate in the workshop.


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I session commenced

The Resource person was Sri vijay Kumar garu.

The Profile of Sri Vijay Kumar was read out by Sri Srinivasulu, Addl., Sr.,Civil

Judge. ATP. Then, the paper on Judgment writing was presented by Smt shammi Sultana

The salient feature of the Judgment writing was presented shammi sultana

through PPT. They are as follows:

REASONING

Well reasoned Judgment appearlike a green fruit bearing tree.Judgment lacking proper reasoningappear like a tree having no life.The soul of a judgment is thereasoning to arrive at a rightdecision.The discussion part of thejudgment should not be dominatedby mere narration of deposition ofeach and every witness.Bachan Singh’s case (1980) 2 SCC683, and in Des Raj Vs State ofPunjab 2007 (8) SCJ 237

Reasoned Judgment is like fruit bearing tree and the Judgment without reasoning

is like a lifeless, dead tree useful only for firewood. Better eliminate discussion on

admitted facts. Go to the bottom and discuss the main dispute.

LANGUAGE, LINE &

LENGTH

•Expression of Impressive feelingsis a good communication skill.•We can learn from hearing thespeeches of Mahatma Gandhi andreading the books written by him.•Plain and simple language hasalways been appreciated inJudgment writing.•The language of the judgment isexpected to be easy understood.• Killo Kameswara Rao Vs State ofA.P. 2014(2) ALD (Crl) 982 ( heldthe language in which evidencerecorded and appreciated is farfrom satisfaction and is expectedto be some what better)

We can learn how to use language by reading the book of Mahatma Gandhi and

privy counsel Judgments.


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Resource person Sri Vijaykumar garu started Discussion

He stated that Judicial officers require language skills. If Judicial Officers have

good language they can write good judgments. The language should be simple, to the

point. He further stated that S.K university going to start a Language Lab. He stressed

that Judicial Officers should discuss their problems they encounter while discharging

their duties in the workshop. The Judicial officers shall not feel shy to discuss their career

problems and the problems they face during work. He further stated that Language and

Reasoning are relevant issues in writing Judgment. Corrections must be carried out while

delivering Judgment; do not delay in passing Judgments and the Judge was like a

soverign person discharging soverign duties. Then the discussion ensued.

Sri Raja Venkatadri, the Secretary, Dist Legal Services Anantapur put a question,

“whether or not an alternative Judgment can be passed?”

There was little confusion as what did alternative Judgment mean. Mr Kamalakar reddy

asked him to clariy whether alternative judgment means passing two judgments. Then Mr

Raja Venkatadri read out Sec 354(2) of Cr.P.C which says that “when the conviction was

doubtful under which of two sections, or under which of two parts of the same section, of

that code the offence falls, the court shall distinctly express the same and pass Judgment

in the alternative”.

Then our Hon'ble Adminstrative Judge clarified that

“Only when the conviction is doubtful of two sections judge can pass

judgment of alternative sections but it does not mean that the judge can

pass two judgments.”

Our Hon'ble Adminstrative judge Sri Justice Naveen Rao garu enlightened us

further on the aspect of 354(2) of Cr.P.C. Nextly Sri Raja Venkatadri the Secretary,

DLSA Anantapur raised another question

“What was the difference between logical reasoning and lawful reasoning.”

Then the discussion started among the participants. Some of the officers stated that

only lawful judgments can be passed but not logical judgments that the Judicial officers

were bound by Law and Precedents. Hon'ble Adminstrative Judge had made the

participant officer to understand that

“only lawful judgments with legal reasoning and orders can be passed and logical

judgments were like moral judgments that they had no place in the Justice Delivery

System in India since its inception. His lordship further stated that every judge

should draw a line in his mind dividing of these two concepts that ultimately the

judge had to pass only lawful judgments but not logical judgments.”

The Fist session was Concluded.

The Judicial Officers took a short tea break between 11-30 A.M to 11-50 A.M.


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II Session Commenced

Sri Fazulullakhan Sr., Civil Judge of Kadiri presented the paper on Issues-Judgment

Writing.

Judge shall pass judgment to express his views but not to impress anyone.

Judgment is to preserve opinion.

Through Judgments, the Judges provide Justice. To write judgments, the required

material comprising of parties, pleadings, issues, evidence, appreciation and arguments.

He further submitted as follows:

The object of an issue is to tie down the evidence and arguments and decision to a

particular question so that there may be no doubt on what the dispute is. The Judgment,

then proceeding issue-wise would be able to tell precisely how the dispute was decided. It

is mandatory on the part of the trial court to frame all necessary ISSUES arising from

pleadings ie., material proposition of fact and law, affirmed by one party and denied by

another. Each material proposition affirmed by one party and denied by other should form

the subject of a distinct issue. The correct decision of civil lis largely depends on correct

framing of issues, correctly determining the real points in controversy which need to be

decided. The fundamental functions of the court, as to before framing and recording

issues. Reading the plaint and written statement. Oral Examination of party under rule 2

of the order X of CPC and Hearing the parties or their pleaders. As per the amended Rule

2 of Order XIV by Amendment Act 1976 a court shall pronounce judgment on all issues

both of law as well as facts, not withstanding that a case may be disposed of only on a

preliminary issue. Even if an issue is not framed, Court can decide it if both parties had

led evidence thereon.

PradeepKumar vs. Mahavir Pershad, 2002 (6) ALT 360.

Unless the trial courts judgment is based on independent assessment of the

relevant evidence on all issues, it would not amount to substantial compliance Settlement

of issues and determination of suit on issues of law or on issues agreed upon under Order

XIV of CPC.

In a decision held between A.Shanmugam Vs Ariya Kshatriya Rajakula Sangam

represented by its president reported in (2012) SCCR 565, the Hon’ble Supreme court has

taken the view

“Framing of issues is a very important stage of a civil trial. It is imperative for a judge to

critically examine the pleadings of the parties before framing of issues. Rule 2 of Order X

CPC enables the Court, in its search for the truth, to go to the core of the matter and

narrow down, or even eliminate the controversy.”


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The Hon’ble Supreme Court further held as follows “if issues are properly framed,

the controversy in the case can be clearly focused and documents can be properly

appreciated in that light. The relevant evidence can also be carefully examined. Careful

framing of issues also helps in proper examination and cross-examination of witnesses

and final arguments in the case.”

After completion of the presentation of paper our Hon'ble Administrative Judge

informed the participants that two other officers contributed papers on Judgment writing

and asked one of the officer Sri Devendra Reddy, Junior Civil Judge, Madakasira, to

present his paper. Accordingly the officer presented his paper.

Then the discussion ensued.

Sri Audhunarayana, Addl. Junior Civil Judge, Kadiri raised a question

“Can a Court go into question and decide any aspect without framing issues?”

Then the District Judge involved in the debate and addressed the gathering that `

“Despite issue is not framed, court has power to go into that

question and decide that aspect of the subject matter in case of

sufficient evidence is adduced by both parties on pleadings . At

this juncture, it is appropriate to refer ruling in

Mohd.Kareemuddn Khan vs. Syed Aza, where it was observed

that Defendant pleading perfection of title by adverse

possession. Issue not framed. However, evdience adduced by

both sides on the disputed matter. Court is not barred to go into

that question and decide that aspect of the matter. In another

case, Sunyabasi Pikra vs. Paramanand Ranasingh, it was held

that ” Both parties have laid evidence, both documentary and

oral touching that issue. Non-framing that particular issue is

immaterial. “ It is thus clear that if the there are pleadings and

sufficient evidence is available on record, the Court can go into

that question, even if issue is not framed on that question, and

decide that aspect of the matter. ”

In this regard cited the Judgment of Mohd.Kareemuddn Khan vs. Syed Aza,

where it was observed that Defendant pleading perfection of title by adverse possession.

Issue not framed. However, evdience adduced by both sides on the disputed matter. Court

is not barred to go into that question and decide that aspect of the matter. In another case,

Sunyabasi Pikra vs. Paramanand Ranasingh, it was held that ” Both parties have laid

evidence, both documentary and oral touching that issue. Non-framing that particular

issue is immaterial. ”


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It is thus clear that if the there are pleadings and sufficient evidence is available on

record, the Court can go into that question, even if issue is not framed on that question,

and decide that aspect of the matter. However, in some of the cases, the matters will be

remaded to the trial courts for failure to frame issues. In Syed Mahmood

vs. Dr.Manik Chandra 1998(3) An.W.R.340, it was observed that issues were framed and

therefore, the matter remitted back to trial court to frame issues as indicated and give

reasonable opportunity to the parties to lead evidence etc.

One of the officers during the discussion has raised a doubt

“Whether the Judgments of Hon’ble Supreme court and High court

can be said to be incorrect and same is not applicable to the case

before him?”

Then the Hon'ble Admnistrative Judge intervened and commented as follows:

Within the parameters of law, you can say that you are differentiating

with the Judgment of the superior Court. Though it is binding on you,

you can assign reasons why you are differentiating with the Judgment of

the High Court or Supreme Court with the facts of the case. Similarly,

instead of taking the judgment of High court and Supreme court straight

away you give reasons for taking that judgment. When you look at the

principle of law you should analize why principle of law is broken

down. You can go back to the facts of the case and in that background

of the case you should say that this judgment is not applicable. Instead

of saying that the judgment is not applicable, you can say at the most the

facts are different. So what I am saying is you independently apply

your mind.

In the meantime Sri Vijayakumar, Resource Person, said that the judges should do

research/P.Hd. on which the Administrative Judge elaborated as follows.

A good judgment is written when a good assistance is received by the Judges.

Most of the time we won’t receive this. Good judgment can be given by the judge when

he receives good assistance. It is not possible for the judge to look into all aspects. It is

the duty of the advocate to do the research work and give report. You have to find out

legal position, you have to find out rule position, you have to find out precedent and then

come to the Court. We are constrained due to pressure of work. For most of us, it is a

major problem. Not being evaluated. This is where the academicians should seriously

think about. Here also there is classification. We have people coming with vast exposure

and from rural background. I studied in Telugu Medium up to intermediate and then

shifted to English Medium. It is something that the person’s attitude should change.

That is where the academicians should help them. They have to tell them that they can


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also prove. It is not a problem. Other judges are also rendering judgments. Therefore

advocates also should be told that they should also have exposure to law whether they

came from rural background or not and in longer run the Judiciary will have benefits with

academicians also.

The District Judge continued the discussion.

Issues need not be framed when there is no dispute with regard to

material averments in the plaint as observed in Desi Kedri vs.

Huzurabad Co-Operative Marketing Society Ltd., AIR 1994 AP

301. So once admitted facts are found out in the written statement,

actually there is no need to frame an issue. Once there is no need to

frame issue you can straight away pass an order.

But if you take the judgment of the Hon’ble Supreme Court, held between Ramesh

Chand Ardawatiya vs Anil Panjwani reported in AIR 2003 SC 2508, their Lordship held

as follows:

Even if the suit proceeds ex-parte and in the absence of a written

statement, unless the applicability of Order VIII Rule 10 of the CPC is

attracted and the Court acts thereunder, the necessity of proof by the

plaintiff of his case to the satisfaction of the Court cannot be dispensed

with. In the absence of denial of plaint averments the burden of proof on

the plaintiff is not very heavy. A prima facie proof of the relevant facts

constituting the cause of action would suffice and the Court would grant

the plaintiff such relief as to which he may in law be found entitled. In a

case which has proceeded ex-parte the Court is not bound to frame issues

under Order XIV and deliver the judgment on every issue as required by

Order XX Rule 5. Yet the Trial Court would scrutinize the available

pleadings and documents, consider the evidence adduced, and would do

well to frame the 'point for determination' and proceed to construct the ex-

parte judgment dealing with the points at issue one by one.

District Judge further stated that it is settled law that even though the defendant is

remained ex parte and not contesting the suit, then also, it is the duty of the Court to

ensure that the plaintiff must establish his case. So, in that contest of matter it is

necessary to frame an issue touching the relief sought for.

The Hon'ble Administrative Judge intervened in the discussion and clarified that a

formal point/ Issue has to be framed and the Judge has to answer it.

In order to make the participant officers to understand the said clarification in a

better way, given the following example.


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“A society posses a land, out of which some common areas identified. The portion

is earmarked for commercial development. The society enters into a lease agreement.

The lease holder filed a suit to an extent of lease granted to him incorporating the

common area which is the public property saying that this is the lease granted to him and

he makes the society as defendant and seeks for declaration. In such case the society also

says that yes it has entered into a lease agreement and consented for order in favour of the

landlord but the common areas is public property. If the Court gives declaration, what

happens? It is the discretion/discussion by the court. So issue has to be framed and then

only finding has to be given. He (Landlord) has to prove that the land belongs to society

that he has taken lease of it. He may say due to some problem the society has not handed

over the land to him. So we should be very careful when public property is involved.

The 2nd

session concluded. It was lunch break.

The participant officers including the Hon'ble Administrative Judge, resource

persons and staff took working lunch at Nyaya seva sadan Bhavan between 1-00 P.M to

1-45 P.M.

III Session Commenced

Mr Kamalakara Reddy presented his paper on Writing Reasoned Orders.

The salient features are as follows.

Every Order of the Judge

should be supported by

reasons.

Reason means to draw or

come to logical conclusions.

The Judge should place all the relevant information emerged from the material

produced by the parties which made him to reach conclusion in his orders, his reasoning

should be logically valid.


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“person who is going to be affected by

the Orders should be heard”

“both parties should be given fair

amount of opportunity to put-forth their

case”

“the Judge shall apply his mind and

decide the dispute by providing reasons”.

Pre-Compliance of 3 main

ingredients under

AUDI ALTERM PARTAM

to call it a Reasoned Order

.

Every litigant who

approaches the

Court with a prayer is

entitled to know the

reasons for acceptance or

rejection

of such request, if not it

amounts to

Denial of Justice.


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While speaking about purpose of the judgment :

(1) to clarify your own thoughts;

(2) to explain your decision to the parties

(3) to communicate the reasons for the decision to the public

(4) to provide reasons for an appeal Court to consider.”

As rendered by

Justice Roslyn Atkinson,

Supreme Court of Queensland

Sri Sheshaiah garu discussed the topic.

Judges are not computers. They are human beings. They should pass judgments

providing adequate reasons. How you base reasoning, Legal reasoning and inducting

reasoning. Understand the case and give reasons. People are forgetting the

JURISPRUDENCE. Jurisprudence is not a subject but it is a movement. Give reasons on

the basis of Jurisprudence. When the politicians are in the crisis Supreme Court will

come to their rescue.

The District Judge stated that quite often number of applications are being filed

before the courts of law to set aside exparte order U/O 9 r 7 and exparte decree U/O 9 r

13 and asked whether such applications, which should contain the sufficient cause and

good cause, lacking such sufficient and good grounds, be allowed or not. He further

posed a question whether such an application which was devoid of reasons over which

there was no opposition or objection can be allowed or not.

The debate continued. Some of the officers stated that if the application is devoid

of sufficient cause and good cause, they be dismissed summarily. Some said that such

applications may be either allowed or dismissed, however the order should be supported

by reasons. It is further said that on account of lapses on the part of the counsel, the

application should not be dismissed. Some of the participants said that on mere

technicalities such applications shall not be dismissed however if the judge wish to allow

or dismiss the such applications where there were no reasons or where there was no much

or no opposition, they may be allowed by reasoned orders. It is further stated that


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allowing or not allowing such applications depends upon facts and circumstances of the

case. In this regard, the mind of the Judge is in conflict either to simply dismiss the

petitions u/o 9 r 4, u/o 9 r 7, u/o 9 r 9 and u/o 9 r 13 for lack of reasons or ultimately to

ensure the disposal of the main case on merits and resolve the dispute and give a finalty

by following the Judgment of the Hon’ble supreme court that the case should not be

disposed off on mere technicalities.

In 1996 6 SCC 660 United Bank of India Vs. Naresh Kumar & Ors., it had been

held by the Hon’ble Supreme Court that

“Procedural defects which do not go to the root of the matter should not be

permitted to defeat a just cause. There is sufficient power in the Courts, under the Code,

to ensure that injustice is not done to any party who has a just case as for as possible a

substantive right should not be allowed to be defeated on account of a procedural

irregularity on mere technicalities which is curable.”

At this juncture Hon'ble Administrative Judge stated that it was the problem

encountered by all the judges even at the highest level.

This session was concluded. Tea break was taken between 3-00 P.M to 3-20 P.M.

After the tea break the IV session commenced.

IV Session Commenced

Sri Ganesh Babu presented his paper on Judicial Ethics.

The salient features are as follows:

He has expanded the word ETHICS in the following manner.

ETHICS

E Etiquette

T Trust

H Honesty

I Impartiality

C Courtesy

S Sagacity

http://indiankanoon.org/doc/445276/


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He further analyzed each alphabet in this way.

Etiquette: Etiquette is a code of behaviour that delineates expectations for social

behaviour according to contemporary conventional norms within a society, social class or

group. One should maintain at any cost professional etiquette.

Trust: The dictionary meaning of the word Trust is firm belief in someone. The

Judicial Officers should gain Trust from the litigant public.

Honesty: A man free of deceit, “Truthful and sincere”. Thus all human beings on this

earth should have honest living. In the case of Judicial Officers, they must not only be

honest to the core, but should not create even a room of doubt in the minds of litigant

public from the temple of Justice.

Integrity: The ordinary meaning of the term Integrity is the quality of having strong

moral principles, so also internal consistency and free from corruption. Every person

more so the Judicial Officer should promote integrity.

Courteous: One should be polite, respectful and considerate. Coming to the Judiciary,

the Judge must treat litigant public, advocates and staff in a Courteous manner.

Sagacity: One should be sagacious by showing good Judgment.


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Defining the Terms

We often use words like ethics and values, but for all the talk of ethics in law

enforcement, it's important to establish what ethics and ethical behavior are, and what

they aren't.

Values: Values is the term given to those ideas, behaviors and actions that are important

to us. The societal values are those ideals that are held most dear by a culture or group,

and these are the values from which we derive our understanding and expectation of

ethics and ethical behavior.

Such ideals include: Integrity, Honesty, Hard work, Kindness, Compassion,

Empathy, Sympathy, Justice, Bravery.

These ideals, these so-called universal values.

Ethics is, in essence, doing the right thing, whatever that may be. The "right

thing" is based on those values society holds dear. Ethical principles are premised on the

notion that right is always right and wrong is always wrong.

Promoting Ethics and Ethical Behavior

Oath of Office

Code of Ethics

Representing the Badge


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After conclusion of the paper presentation the discussion ensued.

Sri Kamalakar Reddy, Prl. Junior Civil Judge, Ananthapuram raised an issue

“Whether a Judge can be a member of non-profit or non-

governmental., organisations or not?”

“Whether a Judge be a member of social media apps such as facebook,

whatsup & twitter etc., or not?”

“Whether a Judge can write a book, take up classes and receive

remuneration during his tenure as a Judge or not?”

Then, the Hon'ble Administrative Judge had clarified above questions by stating that,

“Judge can be member of social media apps but he should not be member

of public groups that he could be a closed group or Pvt., group member of

judicial officers' to exchange views on law and recent developments in law

and can enhance his skills.” “The Judicial Officers shall take care of that

no advocate should be a member to the above groups”

“He further stated that the Judge can produce books and takeup academic

classes but the remuneration he would receive shall be disclosed to the

Government.”

Sri Justice Ranga Reddy garu spoke about the Judicial Ethics.

A State consists of three organs, the Legislative, the Executive and Judiciary. The

Judiciary has neither the power of Purse nor the power of Sword nor even the Physical

force to enforce its own decisions. Inspite of it, the Courts have enjoyed high prestige

and commanded great respect of the people. This is because of the moral authority of the

Courts and the confidence.

Weakening of the Judicial system in the long run has necessarily the effect of

under mining the foundations of the democratic structure. The delays in disposal of

Cases has in some measure shaken the confidence of the people in the capacity of the

Courts to reduce their grievances and to grant adequate and timely relief. Any stress on

speedy disposal of Cases at the cost of substantive justice would impair the faith and

confidence of the people in Judicial System-perhaps in a much greater degree than would

be the case if there is delay on the disposal of cases. That would amount to substituting

one evil for another. For solving this problem, vacancies in all the categories should be

filled as soon as vacancies arise.

Preservation of a democratic society is the great task which the law has to

perform. If democracy is to survive, the rule of law must flourish. People respect Law, if

there is harmony between Law and Justice. The most important of the fundamental right

in our constitution is that of equality before law and equal protection of the laws. The trial


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Court Judge is the key man in our Judicial System, the most important and influential

participant in the dispensation of justice. The image of common man is projected by the

trial Court judges and this, in turn, depends upon their intellectual, moral and personal

qualities.

Errors committed by the trial Judge can sometimes be so crucial that they change

the entire course of the trial and thus result in irreparable miscarriage of justice. Apart

from that a rectification of the error by the appellate Court which must necessarily be

after a long lapse of time, can hardly compensate for the mischief which resulted from the

error committed by the trial Judge. Justice Hanna of Irish Free State observed “The real

basis of establishment of Law and Order lies in the competency, honest and fidelity of the

lower rank of Judges”.

Law is said to be one of the noble professions. The course of legal studies do not

contain any provision for effective and realistic acquisition of the skills necessary for

practice of law on administration of justice nor are the law graduates required to undergo

a Course of training before they are enrolled.

Law is perhaps the only profession for which there is no prescription of any

internship or housemanship before the graduates enter the profession. The law graduates

are enrolled without any training or equipment or any instruction in professional etiquette

of lawyers. I wish that in the interest of profession, Law Counsels do make fresh attempts

at reorganisation of legal education so as to provide that the law students get more

meaningful training, if not as part of course of study, at least as a pre enrolment of

exercise. He said that law nothing but refined common sense.

Conclusion:

The Nodal Officer / The Principal District Judge summed up the entire

programme. Nodal Officer observed “the entire day is exhilarating that all the participant

officers showed interest, participated actively”, however, the Nodal Officer hoped and

wished that by next workshop the participants would improve their presentation on the

topics to be presented and expected more interaction from the participants. He further

said “the inspirational message of the Hon’ble Administrative Judge in the beginning and

his Lordship’s involvement soon after the completion of submission of the papers by the

respective participants and the clarifications given by the Lordship to the doubts raised by

the participants made the workshop lively, electrifying and more interactive and thereby

the object for which the preamble of the workshop drafted is fully accomplished.”

Hon'ble Adminstrative Judge spoke on this occasion.


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Speech of Justice Sri P.Naveen Rao garu, Administrative Judge, High Court of AP., Hyd

It is surprise to notice from Sri Ranga Reddy, his commitment to the Judiciary and

his enthusiasm in the Judiciary. He has shared his experiences, with opening remarks as

well in response to the judicial officers presentation, what a Judicial Officer has to do and

not to do. Another surprising thing I have noticed is Sri Ganesh Babu, District Judge. He

immediately responded for the doubts and you (referring to Prl. District Judge)

immediately responded by referring to various provisions. He is a good leader what I

noticed. I am proud to say. You will be missing him in a few weeks from now. May be I

myself is also missing. The inputs given by him in his personal experience over a period

of time and the presentation and the hard work he has done can be seen in this

presentation and it is a very well presented one and a very good one and he has given a

new meaning for the word “Ethics” so far as this profession is concerned. I hope that it

will give you a new enthusiasm in dealing with the matters. The academic side version

was also very good, in fact this is a new experience for us and interacting with

academicians and knowing from them. It helps us in two ways. We do not interact with

academicians and of course we are not supposed to interact also. But how the Judges are

being viewed and being presented outside is now brought to our notice.

He has explained what are the weaknesses Judiciary is having and what are the

expectations of ordinary people on Judiciary. The assessment given by Mr. Seshaiah is

very useful and knowledgable. Over all I think Sessions went on well. I have gone

through all the articles before I came here and infact I made note of those officers who

presented articles. But my only suggestion is that there is room for improvement and I

hope by next time you prepare them well. Some shortcomings are noticed. My

assessment of the papers presented by the Officers is very good. Still there need be some

improvement and this (Workshop) be the first of its kind. Next time, I will request all of

you, to have more interaction and participation in the workshop. All of you prepare

papers on the topics. The next topic (in the next workshop) is Appreciation of evidence

in criminal cases. All of you please prepare well. Next time I will be here, but there will

be somebody in his place (refering to District Judge) to take care of it, things have to go

on. I wish him all success in his post retirement life.

I just wish to say, I thought of giving no detailed notes. I have gone through the

Notes prepared by you, most of the issues are covered there and I just tell you we have

two quotations which I thought very useful to all of us.

In “THE MAJESTY OF THE JUDICIARY” written by Hon’ble late Justice VR

KRISHNA IYER observed as under: Judges have the highest duty to the people of

administering justice, based on fearless truth, moral rectitude and negation of addiction

for power and lucre. Austerity, never ostentation, is the essence of forensic parameters.


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Declaration of wealth and high code of conduct are binding principles.

In “THE LITERATURE OF THE LAW” selected and introduced by Brian Harris,

he has extracted two contrasting views of two different countries and centuries apart.

LORD MANSFIELD at the trial of the radical John Wilkes, 1770 observed as under:

I will not do that which my conscience tells me is wrong, upon this occasion, to

gain the huzzas of thousands, or the daily praise of all the papers which come from the

press: I will not avoid doing what I think is right; though it should draw on me the whole

artillery of libels; all that falsehood and malice can invent, or the credulity of a deluded

populace can swallow.

Judge HILLER B ZOBEL at the trial of the Nanny, Louise Woodward, 1998

observed as under:

Elected officials may consider popular urging and sway to public opinion polls.

Judges must follow their oaths and do their duty, heedless of editorials, letters, telegrams,

picketers, threats, petitions, panellists and talk shows. In this country, we do not

administer justice by plebiscite.

Then he writes, “…. These extracts from two countires and two centuries apart,

exemplify the continuing vitality of the common law tradition……..”

Hon'ble Aministrative Judge further eloborated that these works of different

people of different ages relevant for us even in the present day context.

His Lordship further added “We see open discussion on various issues on TV

shows, example is Bombay incident and that I was talking about that Huzuz logic in the

morning . By doing that mathematics to the logic, the trial will be conducted by

everybody. Then there is no need of courts of law. Everybody says there is no need for

any system”.

“what we are doing now debate and discuss (referring to T.V shows over a crime)

and most of the English papers debated even now. Even a small incident 'mother killed

her daughter' will be discussed as to why it had happened and further discuss that because

her husband is not-balanced. And if she (mother) is a rich person then the media circulate

several jokes regarding that lady so on and so forth.

“If we go by that kind of trials, a day may come, people ask us to conduct trial

without adducing proper evidence”.

His Lordship further explained

“We also see lot of incidents. I will share one example with you. I was dealing

with a matter regarding the blocking of roads in Military Cantonment area of

Secunderabad. Initially my personal view prevailed over me and I granted an order.

Military people, in appeal, submitted that they needed to block the roads that if they

didn’t block the roads security problem would arise. Further submitted that because


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civilians were travelling through the roads, they were not able to organize security and

were not able to provide the training as they intended to. Then the Division Bench

remanded the matter for consideration. I gone through the record. Inspite of my personal

view that it should not be blocked, I allowed the military people to block the road. As far

as security is concerned, though civilians use it, it is a military road. And even now the

debate goes on that the roads should not be blocked. Several representations were made

to the Government of India, but, we are helpless. We have to go in accordance with law,

whether it was right or wrong, whether we agree or not”.

“The sessions are very knowledgeable and educative to me also. Several issues

have been discussed. More voluntary debate should be there by next workshop. I wish

you, keep in mind all these things, which we have been discussing since morning, are

known to us. Still we discuss them. They only help us to understand some kind of short

falls which we had unknowingly done or experienced. Wish you all the Best. I come soon

and involve in the debate next time. Thanking you.”

Prl., Dist., Judge further stated that it was heartening to note that all the participant

officers presented their papers by sending 'soft copies' to the Dist court. He further

elaborated that all the 'presented papers' were put in the Dist. Court website “e-courts,

Anantapur”, that the participant officers read out the papers on their respective topics by

going through their 'Laptops'. The salient features were being displayed through the PPT

while the officers were reading out, their papers.

Prl. District Judge stated that it was not out of place to acknowledge the

contribution of Sri Kamalakar Reddy, Prl. Junior Civil Judge, Ananthapuram to the Nodal

Officer in picking up the decisions and placed the same during the discussion in the

workshop and his contribution of technical know-how was applauded. He further

informed that he would be failing in his duty if he did not acknowledge the services

rendered by the Court Manager, Smt. Madhavi more particularly, in beautiful preparation

of salient features relating to the papers presented by the participant officers and

presentation of PPTs and also acknowledged the contribution of Sri H. Srinivasulu Junior

Assistant, OP Cell & his team and Sri Kiran Kumar , System Officer in operating the

PPT without interruption/pause and aptly and overseeing the arrangements.

After conclusion of the session Sri Bujjappa, the Addl., Judicial Magistrate of First

Class proposed vote of thanks to the dignitaries and invitees.

The workshop is finally concluded by 6.00 P.M.

Submitted By

N. Ganesh Babu,

Nodal Officer/ Prl. District Judge,

Ananthapuram.

Minutes of the Workshop on 26.09.2015

Documents

Transcript of Minutes of the Workshop on 26.09.2015