January 2013 Karnataka Judicial Academy

Karnataka Judicial Academy

Crescent House, Crescent Road, Bangalore 560 001 Tel . : 2238 2894/96 Fax:2238 2895

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CONTENTS

• From the Desk of the

President

• Important Amendments

by Parliament

• Important amendments

by the Karnataka State

Legislature

• Important judgments of

Supreme Court of India

• Important judgments of

High Court of Karnataka

• Articles

• Programmes of Karna-

taka Judicial Academy

• Other News

January 2013

From the Desk of the President

PAGE 2 KARNATAKA JUDICIAL ACADEMY JANUARY 2013

2012 is behind us. We are stepping into 2013. What is in store

for us? We have a surcharged atmosphere in the country in particular

in the national capital Delhi. Violence against women, and in particular

Rape, and inadequacy of the existing laws have taken center stage.

The justice delivery system is under attack. In rape cases, every one

wants day to day trial and expeditious results of such trial.

Government is pleading its helplessness. They are unable to contain

the public fury. The role of police is under scanner. Public is agitated.

There is a demand for stringent laws, including death penalty for rape.

The Central Government is forced to appoint a committee headed by the

former Chief Justice of India, Justice J.S. Verma, to suggest amend-

ments to the existing laws. The writing is on the wall. The whole

country is vociferous in their demand for speedy trial. Therefore the

need of the hour is “Speedy Justice”. I hope the legal fraternity and in

particular Judges understand this message. Therefore the motto of

2013 cannot be anything other than “Speedy Justice”. The onus is now

shifted on the shoulders of Judges. We shall accept this challenge

and rededicate ourselves in the new year, in discharging our solemn

duty, and rendering speedy justice in all cases.

Wishing all of you a happy and eventful New Year.

(Justice N. Kumar)

Negotiable Instruments Act, 1881 *Section 6. “Cheque”.-A “cheque” is a bill of

exchange drawn on a specified banker and not

expressed to be payable otherwise than on

demand and it includes the electronic image of a

truncated cheque and a cheque in the electronic

form. Explanation I.—For the purposes of this section,

the expression—

(a)“a cheque in the electronic form” means a

cheque which contains the exact mirror image of

a paper cheque, and is generated, written and signed in a secure system ensuring the minimum

safety standards with the use of digital signature

(with or without biometrics signature) and

asymmetric crypto system;

(b) “a truncated cheque” means a cheque which

is truncated during the course of a clearing cycle, either by the clearing house or by the bank

whether paying or receiving payment,

immediately on generation of an electronic image

for transmission, substituting the further

physical movement of the cheque in writing. Explanation II.—For the purposes of this section,

the expression “clearing house” means the

clearing house managed by the Reserve Bank of

India or a clearing house recognised as such by

the Reserve Bank of India.

*Substituted by Act 55 of 2002, Sec.2, (with effect from 6.2.2003).

Section 64. Presentment for payment.- (1)…………………………...

**2) Notwithstanding anything contained in

section 6, where an electronic image of a truncated cheque is presented for payment, the

drawee bank is entitled to demand any further

information regarding the truncated cheque from

the bank holding the truncated cheque in case of

any reasonable suspicion about the genuineness

of the apparent tenor of instrument, and if the suspicion is that of any fraud, forgery, tampering

or destruction of the instrument, it is entitled to

further demand the presentment of the truncated

cheque itself for verification:

Provided that the truncated cheque so demanded by the drawee bank shall be retained by it, if the

payment is made accordingly.

**Inserted by Act 55 of 2002, Section 3 (with

effect from 6.2.2003).

Section 81. Delivery of instrument on payment or indemnity in case of loss (1)………………………………………………………….. ***2) Where the cheque is an electronic image of a

truncated cheque, even after the payment the

banker who received the payment shall be

entitled to retain the truncated cheque.

(3) A certificate issued on the foot of the printout of the electronic image of a truncated cheque by

the banker who paid the instrument, shall be

prima facie proof of such payment.”.

*** Inserted by Act 55 of 2002, Section 4 (with

effect from 6-2-2003) Section 89. Payment of instrument on which

alteration is not apparent- (1)…………………. ****(2) Where the cheque is an electronic image of

a truncated cheque, any difference in apparent

tenor of such electronic image and the runcated

cheque shall be a material alteration and it shall be

the duty of the bank or the clearing house, as the

case may be, to ensure the exactness of the apparent tenor of electronic image of the truncated

cheque while truncating and transmitting the

image. Any bank or a clearing house which receives

a transmitted electronic image of a truncated

cheque, shall verify from the party who transmitted the image to it, that the image so transmitted to it

and received by it, is exactly the same.

**** Inserted by Act 55 of 2002, Section 5 (with

effect from 6-2-2003).

Section 131. Non-liability of banker receiving payment of cheque.- ……… ……… *****Explanation II.—It shall be the duty of the

banker who receives payment based on an

electronic image of a truncated cheque held with

him, to verify the prima facie genuineness of the cheque to be truncated and any fraud, forgery or

tampering apparent on the face of the instrument

that can be verified with due diligence and ordinary

care.

***** Inserted by Act 55 of 2002, Section 6 (with

effect from 6-2-2003). Section 138. Dishonour of cheque for insufficiency, etc., of funds in the account- ……… ……... ******a term which may be extended to two years… ……… *******Within thirty days…... ****** Substituted by Act 55 of 2002, Section 7, for

“a term which may be extended to one year” (with


******* Substituted by Act 55 of 2002, Section 7, for

“within fifteen days” (with effect from 6-2-2003). Section 141. Offences by companies. ( 1 ) ……… ********Provided further that where a person is nominated as a Director of a company by virtue of

his holding any office or employment in the Central

Government or State Government or a financial

corporation owned or controlled by the Central

Government or the State Government, as the case

may be, he shall not be liable for prosecution under this Chapter.”

******** Inserted by Act 55 of 2002, Section 8 (with


Section 142. Cognizance of Offences.- Clause (b)……… *********Provided that the cognizance of a complaint

may be taken by the Court after the prescribed

period, if the complainant satisfies the Court that

he had sufficient cause for not making a complaint

within such period.

*********Inserted by Act 55 of 2002, Section 9 (with effect from 6-2-2003)

Important amendments by the Parliament PAGE 3 KARNATAKA JUDICIAL ACADEMY JANUARY 2013

Important amendments by the Karnataka State Legislature


CODE OF CIVIL PROCEDURE (KARNATAKA AAMENDMENTS) ORDER XVI:- APPEALS FROM ORIGINAL DECREES Order 41, Rule 2(2) ) - The memorandum shall also contain a statement of the amount or value

of the subject-matter in dispute in the Court of

first instance and in the appeal and a statement

of the amount of court fee paid or payable on the

appeal together with-the provision of law under which it is calculated, (Sub-rule (2) Added by Notification R.O.C. 2296/1959 dated 5th November 1959) Order 41, Rule 3 - When an appeal is present-ed after the period of limitation prescribed there-

for it shall be accompanied by an application

supported by an affidavit setting forth the facts

on which the appellant relies satisfy the Court

that he had sufficient cause for not preferring the appeal within such period, and the Court

shall not proceed to deal with the appeal if any

way (otherwise than by dismissing it either

under Rule 11 of this order or on the ground

that it is not satisfied as to the sufficiency of the

reason for the delay) until notice has been given to the respondent and his objections if any, are

heard. (Rule 3 Added by Notification R.O.C. 2296/1959 dated 5th November 1959) Order 41, Rule14(1) Provided that the Appel-

late Court may dispense with service of notice,

on respondents, against whom the suit has

proceeded ex-parte in the Court from whose de-

cree the appeal is preferred, (Sub-rule (1) Added by Notification R.O.C. 2296/1959 dated 5th November 1959) Order 41, Rule 19(2) The provisions of Section

5 of the Indian Limitation Act, 1908 shall apply to applications under sub-rule (1). (Rule 19 renumbered as 19(1) and sub-rule 2 Added by Notification R.O.C. 2296/1959 dated 5th November 1959) Order 41, Rule 21 (2) (2) The provisions of

Section 5 of the Indian Limitation Act, 1908,

shall apply to application under sub-rule (1).

(Rule 21 renumbered as 21(1) and sub-rule (2) Added by Notification R.O.C. 2296/1959 dated 5th November 1959) Order 41, Rule 23 23. Remand of case by Appel-

late Court, - Where the Court from whose decree

an appeal is preferred has disposed of the suit on

a preliminary point and the decree is reversed in appeal, or where the Appellate Court, while

reversing or setting aside the decree under

appeal, considers it necessary in the interests of

justice to remand the case. The Appellate Court

may by order remand the case, and may further direct what issue or issues shall be tried in the

case so remanded, and whether any further

evidence shall or shall not be taken after remand

and may further direct what issue or issues shall

be tried in the case so remanded, and shall send

a copy of its judgment or order to the Court from whose decree the appeal is preferred, with

directions to re-admit the suit under its original

number in the register of civil suits, and proceed

to determine the suit, and the evidence (if any)

recorded during the original trial shall, subject to all just exceptions be evidence during the trial

after remand. (Rule 23 Substituted by Notification R.O.C. 2296/1959 dated 5th November 1959) Order 41, Rule 27(1)(b) Rule 27 (1) (b) - The

party seeking to adduce additional evidence

satisfies the Appellate Court that such evidence,

not withstanding the exercise of due diligence,

was not within his knowledge or could not be produced by him at or before the time when the

decree under appeal was passed, or (Sub-rule(1) renumbered as clause (c) and clause (b) inserted by Notification R.O.C. 2296/1959 dated 5th November 1959) Order 41, Rule 31 Provided that where the

presiding Judge is specially empowered by the

High Court to pronounce his judgments by

dictation to a shorthand-writer in open court the transcript of the judgment so pronounced shall

after such revision as may be deemed necessary

be signed by the Judge. (Proviso to Rule 31 Added by Notification R.O.C. 2296/1959 dated 5th November 1959)

Important amendments by the Karnataka State Legislature


(Raj Kumar v Ajay Kumar and Another) R.V.Raveendran and H.L.Gokhale, JJ. (2011) 1 SCC 343

While dealing with the duties of the

Tribunals under the provisions of Motor a Vehicles Act, it is observed by the Apex Court in the above said decision in Para 16 to 19 as follows:

The Tribunal should not be a silent spectator

when medical evidence is tendered in regard to the injuries and their effect, in particular, the

extent of permanent disability. Sections 168 and

169 of the Act make it evident that the Tribunal

does not function as a neutral umpire as in a

civil suit, but as an active explorer and seeker of truth who is required to “hold an enquiry into

the claim” for determining the “just compensa-

tion”. The Tribunal should therefore take an

active role to ascertain the true and correct

position so that it can assess the “just compen-

sation”. While dealing with personal injury cases, the Tribunal should preferably equip itself

with a medical dictionary and a handbook for

evaluation of permanent physical impairment

(for example, Manual for Evaluation of Perma-

nent Physical Impairment for Orthopaedic Surgeons, prepared by American Academy of

Orthopaedic Surgeons or its Indian equivalent or

other authorised texts) for understanding the

medical evidence and assessing the physical and

functional disability. The Tribunal may also keep

in view the First Schedule to the Workmen's

Compensation Act, 1923 which gives some indication about the extent of permanent

disability in different types of injuries, in the

case of workmen. (Para-16)

If a doctor giving evidence uses technical

medical terms, the Tribunal should instruct him

to state in addition, in simple non-medical

terms, the nature and the effect of the injury. If a

doctor gives evidence about the percentage of

permanent disability, the Tribunal has to seek clarification as to whether such percentage of

disability is the functional disability with refer-

ence to the whole body or whether it is only with

reference to a limb. If the percentage of perma-

nent disability is stated with reference to a limb, the Tribunal will have to seek the doctor's

opinion as to whether it is possible to deduce the

corresponding functional permanent disability

with reference to the whole body and, if so, the

percentage. (Para 17)

The Tribunal should also act with caution, if it

proposed to accept the expert evidence of doctors

who did not treat the injured but who give “ready to use” disability certificates, without proper-

medical assessment. There are several instances

of unscrupulous doctors who without treating

the injured, readily give liberal disability certifi-

cates to help the claimants. But where the

disability certificates are given by duly constitut-ed Medical Boards, they may be accepted subject

to evidence regarding the genuineness of such

certificates. The Tribunal may invariably make it

a point to require the evidence of the doctor who

treated the injured or who assessed the perma-nent disability. Mere production of a disability

certificate or discharge certificate will not be

proof of the extent of disability stated therein

unless the doctor who treated the claimant or

who medically examined and assessed the extent

of disability of the claimant, is tendered for cross-examination with reference to the certifi-

cate. If the Tribunal is not satisfied with the

medical evidence produced by the claimant, it

can constitute a Medical Board (from a panel

maintained by it in consultation with reputed local hospitals/medical colleges) and refer the

claimant to such Medical Board for assessment

of the disability. (Para-18)

We may now summarise the principles discussed above:

(i) All injuries (or permanent disabilities arising

from injuries), do not result in loss of earning capacity.

(ii) The percentage of permanent disability with

reference to the whole body of a person, cannot

be assumed to be the percentage of loss of earning capacity. To put it differently, the

percentage of loss of earning capacity is not the

same as the percentage of permanent disability

(except in a few cases, where the Tribunal on the

basis of evidence, concludes that the percentage

of loss of earning capacity is the same as the percentage of permanent disability).

(iii) The doctor who treated an injured claimant

or who examined him subsequently to assess the extent of his permanent disability can give

evidence only in regard to the extent of perma-

nent disability. The loss of earning capacity is

something that will have to be assessed by the

Tribunal with reference to the evidence in

entirety.

(iv) The same permanent disability may result in

different percentages of loss of earning capacity

in different persons, depending upon the nature

of profession, occupation or job, age, education and other factors. (Para-19)

Important judgments of the Supreme Court of India

Section 309 Code of Criminal Procedure– Speedy trial– Duty of courts

(AKIL @ JAVED VS STATE OF NCT OF DELHI ) (CRIMINAL APPEAL NO(s). 1735 OF 2009) Date: 6th December 2012. Justice Swatanter Kumar and Justice Fakkir Mohamed Ibrahim Kalifulla.

While dealing with the duties of courts in speedy trial of criminal cases it is observed by the Apex Court in the above said decision in paras 33, 34 and 35 as follows:

“33. In a comprehensive decision of this Court

reported in State of U.P. V.Shambhu Nath Singh and others - (2001) 4 SCC 667 the legal position

on this aspect has been dealt with in extenso.

Useful reference can be made to paragraphs 10,

11, 13 and 18:

“10. Section 309 of the Code of Criminal Proce-

dure (for short “the Code”) is the only provision

which confers power on the trial court for

granting adjournments in criminal proceedings.

The conditions laid down by the legislature for

granting such adjournments have been clearly

incorporated in the section. It reads thus:……….

11. The first sub-section mandates on the trial

courts that the proceedings shall be held

expeditiously but the words “as expeditiously

as possible” have provided some play at the joints

and it is through such play that delay often creeps in the trials. Even so, the next limb of

the sub-section sounded for a more vigorous

stance to be adopted by the court at a further-

advanced stage of the trial. That stage is when

examination of the witnesses begins. The legisla-ture which diluted the vigour of the mandate

contained in the initial limb of the sub-section by

using the words “as expeditiously as possible” has

chosen to make the requirement for the next

stage (when examination of the witnesses has

started) to be quite stern. Once the case reaches that stage the statutory command is that such

examination “shall be continued from day to

day until all the witnesses in attendance have

been examined”. The solitary exception to the

said stringent rule is, if the court finds that adjournment “beyond the following day to be

necessary” the same can be granted for which a

condition is imposed on the court that

reasons for the same should be record-

e d ……………………………………………………………

……………………………………………………...

13. Now, we are distressed to note that it is

almost a common practice and regular

occurrence that trial courts flout the said command with impunity. Quite often such

adjournments are granted to suit the convenience

of the advocate concerned. We make it clear that

the legislature has frowned at granting

adjournments on that ground. At any rate

inconvenience of an advocate is not a “special reason” for bypassing the mandate of Section 309

of the Code………………………………………………..

18. A judicious judicial officer who is commit-ted to his work could manage with the

existing infrastructure for complying with such

legislative mandates. The precept in the old

homily that a lazy workman always blames his

tools, is the only answer to those indolent

judicial officers who find fault with the defects in the system and the imperfections of the

existing infrastructure for their tardiness in

coping with such directions.”

…………………………………………………………….

…………………………………………………………….

34. Keeping the various principles, set out in the

above decisions, in mind when we examine the

situation that had occurred in the case on hand

where PW.20 was examined-in-chief on

18.09.2000 and was cross examined after two months i.e. on 18.11.2000 solely at the instance

of the appellant’s counsel on the simple ground

that the counsel was engaged in some other

matter in the High Court on the day when PW.20

was examined-in-chief, the adjournment granted by the trial Court at the relevant point of time

only disclose that the Court was oblivious of the

specific stipulation contained in Section 309 of

Cr.P.C. which mandate the requirement of

sessions trial to be carried on a day today basis.

The trial Court has not given any reason much less to state any special circumstance in order to

grant such a long adjournment of two months for

the cross-examination of PW.20. Everyone of the

caution indicated in the decision of this Court

reported in Rajdeo Sharma V. State of Bihar - 1998 Crl. L.J. 4596 was flouted with impunity. In

the said decision a request was made to all the

High Courts to remind all the trial Judges of the

need to comply with Section 309 of the Code in

letter and spirit. In fact, the High Courts were

directed to take note of the conduct of any particular trial Judge who violates the above

legislative mandate and to adopt such adminis-

trative action against the delinquent judicial

officer as per the law.





OMA @Omprakash & Anr V State of Tamil Nadu

K.S. (Criminal Appeal 143 of 2007) Justice

Radhakrishnan and Justice Dipak Misra

While dealing with sentencing policy, it is

observed by the Apex Court in the above said

decision in Para 21 as follows:

Criminal Court while deciding criminal cases

shall not be guided or influenced by the views or

opinions expressed by Judges on a private

platform. The views or opinions expressed by the

Judges, jurists, academicians, law teachers may

be food for thought . Even the discussions or

deliberations made on the State Judicial

Academies or National Judicial Academy at

Bhopal, only update or open new vistas of

knowledge of judicial officers. Criminal Courts

have to decide the cases before them examining

the relevant facts and evidence placed before

them, applying binding precedents. Judges or

academicians opinions, predilection, fondness,

inclination, proclivity on any subject, however

eminent they are, shall not influence a decision

making process, especially when judges are called

upon to decide a criminal case which rests only on

the evidence adduced by the prosecution as well

as by the defence and guided by settled judicial

precedents. National Judicial Academy and State

Judicial Academies should educate our judicial

officers in this regard so that they will not commit

such serious errors in future. (Para-21)

35. It is unfortunate that in spite of the specific

directions issued by this Court and reminded

once again in Shambhu Nath (supra) such

recalcitrant approach was being made by the trial

Court unmindful of the adverse serious conse-

quences affecting the society at large flowing

therefrom. Therefore, even while disposing of this

appeal by confirming the conviction and

sentence imposed on the appellant by the learned

trial Judge, as confirmed by the impugned

judgment of the High Court, we direct the

Registry to forward a copy of this decision to all

the High Courts to specifically follow the

instructions issued by this Court in the decision

reported in Rajdeo Sharma (supra) and reiter-

ated in Shambhu Nath (supra) by issuing appro-

priate circular, if already not issued. If such

circular has already been issued, as directed,

ensure that such directions are scrupulously

followed by the trial Courts without providing

scope for any deviation in following the proce-

dure prescribed in the matter of a trial of

sessions cases as well as other cases as provid-

ed under Section 309 of Cr.P.C. In this

respect, the High Courts will also be well

advised to use their machinery in the respec-

tive State Judicial Academy to achieve the

desired result. We hope and trust that the

respective High Courts would take serious

note of the above directions issued in the

decisions reported in Rajdeo Sharma (supra)

which has been extensively quoted and reiter-

ated in the subsequent decision of this

Court reported in Shambhu Nath (supra) and

comply with the directions at least in the

future years.”


P.M.Parameshwaramurthy and Others vs State of Karnataka & Others (WP No.4340/2012 (S-RES)) Justice N.Kumar and Justice V.Suri Appa Rao, Hon’ble High Court of Karnataka while dealing with Plagiarism has held as under -

WHAT IS PLAGIARISM

‘Plagiarism’ derives from the Latin word plagiarius

meaning ‘kidnapper’ or ‘abductor’. It is the theft of

someone’s creativity, ideas or language, something

that strikes at the very heart of academic life. It is the

form of cheating and is generally regarded as being

morally and ethically unacceptable.

Plagiarism includes reproducing someone else’s

work, whether it be a published article, chapter of a

book, a paper from a friend or some file, or whatever.

Plagiarism also includes the practice of employing or

allowing another person to alter or revise the work

which a student submits as his/her own, whoever

that other person may be. (Para-55)

Plagiarism is defined in dictionaries as the

‘wrongful appropriation’, ‘close imitation’ or purloining

and publication’ of another author’s language,

thoughts, ideas or expression and the representation

of them as one’s own original work. (Para-56)

Plagiarism is defined in multiple ways in higher

education institutions and universities. STANFORD

UNIVERSITY sees plagiarism as ‘use, without giving

reasonable and appropriate credit to or acknowledging

the author or source, of another person’s original

work, whether such work is made up of code, formu-

las, ideas, language, research, strategies, writing or

other form’. YALE UNIVERSITY views plagiarism as

‘the use of another’s work, words, or ideas without

attribution’ which included using a source’s language

without quoting, using information from a source

without attribution and paraphrasing a source in a

form that stays too close to the original. PRINCETON

UNIVERSITY perceives plagiarism as the deliberate

use of ‘someone else’s language, ideas, or other

original (not common knowledge) material without

acknowledging its source. OXFORD UNIVERSITY

characterizes plagiarism as the use of a writer’s ideas or

phraseology without giving due credit. BROWN

UNIVERSITY LIBRARY explains plagiarism to be

‘appropriating another person’s ideas or words (spoken

or written) without attributing those word or ideas to

their true source. As well known institutions, they reflect

a common academic definition of plagiarism. Lack of

citation, giving credit or attribution is considered to be

plagiarism. (Para-57)

The modern concept of plagiarism as immoral and

originality as an ideal emerged in Europe only in the

18th century, particularly with Romantic movement.

Since the 18th century, new morals have been institu-

tionalized and enforced prominently in the sectors of

academia and journalism, where plagiarism is now

considered academic dishonesty and a breach of journal-

istic ethics. Plagiarism is not a crime per se but is

disapproved more on the grounds of moral offence. With-

in academia, plagiarism by students, professors, or

researchers is considered academic dishonesty or

academic fraud, and offenders are subject to academic

censure, up to and including expulsion. For professors

and researchers, plagiarism is punished by sanctions

ranging from suspension to termination, along with the

loss of credibility and perceived integrity. In academic

world plagiarism by students is a very serious offence

that can result in punishments such as a failing grade

on the particular assignment or for the course. For cases

of repeated plagiarism or for cases in which a student

commits severe plagiarism (example submitting a copied

piece of writing as original work) a student may be

suspended or expelled. In many universities, academic

degree or awards may be revoked as a penalty for plagia-

rism. Therefore, plagiarism in short means theft of some

one’s creativity, ideas, language and it is a form of cheat-

ing. In academic circles it is considered as dishonesty

and academic fraud. It is morally and ethically

unacceptable. It shows lack of character. (Ref. Wikipedia,

the free encyclopedia, etc.,). (Para-58)

Important judgments of the High Court of Karnataka


Article

Citizenship-Rights and Duties

Excerpts from “CITIZENSHIP-

RIGHTS AND DUTIES” by JUSTICE

E.S.VENKATARAMIAH, JUDGE, SUPREME

COURT OF INDIA, (Justice R.K.Tankha

Memorial Lecture, 1988 delivered under

the auspices of the Central India Law Insti-

tute, Jabalpur)

IDEAL CITIZENSHIP

Who is an ideal citizen? Every person

who can be called a citizen under Part II of the

Constitution of India is not necessarily an ideal

citizen. There are three basic postulates

according to late Shri.V.S.Srinivasa Sastry

which make an ideal citizen: (i) a sense of

public spirit, meaning by that the desire to

sink his own personal ends in the larger ends

of his community; the anxiety to subordinate

himself whenever necessary for the benefit of

the society of which he is a member, (ii) that

the citizen should have what we regard as

practical common sense, a shrewd eye on the

affairs of the world, and (iii) that the citizen

must be able to understand and appreciate

what lies at the bottom of the welfare of society

that is what are the different elements that go

to make up that welfare. A training of a citizen

is not complete unless it includes a prepara-

tion not only to understand but to value and

promote the constituents of social welfare.

Need for obedience to law : Man is the only

creature in the universe who plans and

prepares to kill other beings belonging to his

own species. No other creature does so. He

shares some of the primary instincts, such as,

the instinct of hunger, the instinct of procrea-

tion and the instinct of self-preservation with

other living creatures. In addition he has the

capacity to think and remember. He has the

ability to communicate with others more easily

than other creatures. Anger, greed, lust, pride

and envy move him to action easily. He has the

capacity to overcome the ravages of nature.

With all this he finds that he is often miserable.

Wants, demands, desires or claims torment

him. He needs the resources, such as,

persons, commodities, environment, services

etc. at the specific time and place for the satis-

faction of his wants demands, desires and

claims. When he finds that many other human

beings are also after the same resources which

are limited in their availability tensions grow.

He needs, therefore, outlets for these tensions

which take the form of the legislative, adminis-

trative and judicial processes which are hedged

in by rules, conventions and procedures

providing for the release of tensions. The entire

machinery of State evolved by man for the

governance of a specific geographical area is

intended only to serve as a shock absorber and

to relieve the human beings from the conse-

quences of the social tensions referred to

above. These rules, conventions and proce-

dures assume the existence of a certain state of

affairs which will make them effective. A clear

sense of obedience on the part of the people to

the norms laid down by the State is a neces-

sary prerequisite for the success of any admin-

istration. This, however, is not sufficient.

Such obedience to law should be backed up by

other extra legal factors, such as, a sense of

fellow-feeling, a deep concern for others’ inter-

ests and the willingness to discharge all the

obligations which are necessary to make others

feel secure about their rights. It is only at our

peril we disregard law. When we consciously

try to disobey law when it suits us, how can we

complain when some body else disobeys laws

and it hurts us in its turn?

Citizenship and strikes : Let us look at the way

the professional men, such as, lawyers, doctors

and teachers conduct themselves. Can you

ever think of making innocent suffer only

because you do not like what the Government

or a Government servant has done? Who


suffers if lawyers, doctors and teachers go on

strike? They are the harassed litigants,

patients and students. Is it just that these

professional men should make them unneces-

sarily suffer to satisfy their own fancies? In

the bargain lawyers, doctors and teachers do

not suffer. They get their income in any event.

These strikes also cause immeasurable injury

to the entire community. These strikes are not,

therefore, signs of good citizenship.

The position of labour is also the same.

Resorting to strikes for trivial reasons, destroy-

ing of public property and causing injury to

innocent people is not a mark of good citizen-

ship. There are other ways of showing your

dissatisfaction about what may have happened.

In Japan, I am told, the strikes take place in

such a way that the production is not affected

and there is no loss of property or injury to

persons. Japan rightly has become a leading

industrialized country but we are what we are.

When I say that the labour force should not

resort to strikes, I also emphasise the social

duty of the managements to be just and fair to

the working classes. The major part of the

property of the rich consists of the labour

contributed by the workers. You can legiti-

mately possess property provided you have duly

paid your workers, otherwise it will amount to

theft of the labour of the workers. Therefore,

society should be directed towards a more equi-

table basis of distribution between the proprie-

tors and the workers. A humane approach

towards workers’ problems will bring its own

reward.

Citizenship and representative democracy:

Development of good citizenship very much

depends upon absence of factors which exercise

undue influence on the minds of the people. In

the ancient Greek city States where it was

possible to practice direct democracy every free

person (of course the slaves were not included

in the group of free persons) had a voice in the

governance of the city and he could freely regis-

ter his voice at the market place where they met

to transact the business of administration.

Now we have resorted to the system of repre-

sentative democracy on account of the vast

areas to be administered and the numerous

members who are entitled to franchise. But the

system of democracy is possible and can

survive only if there is homogeneity and

equality amongst citizens.

The concept of equality is the golden thread

which runs throughout our Constitution. But

this concept is seriously threatened by factors

like caste, religion, or language. Persons who

do not belong to the dominant group in a

constituency cannot get elected because of

these anti-democratic factors. It is only in the

next birth, if there is one, a man can belong to

a dominant group, if he does not belong to it in

this birth. His character, attainments and

capacity cannot often prevail upon the consid-

erations of caste, religion or language which are

in reality the inhibiting factors. Even in more

advanced democracies these group loyalties

prevail. Equal eligibility of citizens to public

offices would mean equality between one citizen

and another, the question to what community

he belongs not arising at all. No class of public

servants, no individual members thereof should

even regard themselves as dependent for their

appointment, fair treatment, or promotion on

the good grace of the leaders of any community.

That feeling must convert them, shall I say

degrade them even without their knowledge into

servants of that community.

(To be Continued in the Next News Letter)

Programmes of Karnataka Judicial Academy


ContinuingEducationProgrammesforDistrictJudgeswereconductedfrom10.12.12

to13.12.12and17.12.12to19.12.12

Hon’ble Mr.Justice K.Shivashankar Bhat, Former Judge,

High Court of Karnataka addressing the District Judges

District Judges in continuing education programme from

10.12.2012 to 13-12-2012 District Judges in continuing education programme from

17.12.2012 to 19-12-2012

Hon’ble Dr. Justice Shivaraj V.Patil, Former Judge, Supreme

Court of India addressing the District judges


ForCivilJudges2008-2009Batch,XthandXIthRefresherCourseswere

conductedfrom13.12.12to15.12.12and20.12.12to22.12.12

Hon’ble Mr.Justice B.K.Somashekar, Former Judge, High

Court of Karnataka addressing the Civil Judges on

14.12.2012

Director of Karnataka Judicial Academy,

Mr.L.Subramanya, addressing the Civil Judges

Civil Judges participating in Refresher Courses during December 2012

Other News


WorkshopforExciseOf�icerson16.12.12atKarnatakaJudicialAcademywas

inauguratedbyHon’bleMr.JusticeN.Kumar,Judge,HighCourtofKarnatakaand

PresidentofKarnatakaJudicialAcademy

Other News


Twodaysworkshopon“PersepctivesofMarginalizedWomenandLaw”heldat

Mysoreon08.12.2012and9-12-2012wasinauguratedbyHon’bleMr.Justice

N.Kumar,Judge,HighCourtofKarnatakaandPresidentofKarnatakaJudicialAcademy

OnedaytrainingforJudgmentwriters/StenographersofHon’bleHighCourtofKarna-

taka, in accessing internet throughOnlineLegalResearchFacilityOn19.12.2012at

Karnataka Judicial Academy which was graced by Hon’ble Mr. Justice

Ashok.B.Hinchageri, Judge, High Court of Karnataka and Hon’ble Mr. Justice

B.ShivashankarBhat,FormerJudge,HighCourtofKarnataka

GOVERNANCE

KARNATAKA JUDICIAL ACADEMY

Hon’ble Mr. Justice Vikramjit Sen

Patron-in-Chief

Hon’ble Chief Justice,

High Court of Karnataka

Hon’ble Mr. Justice N. Kumar

President

Board of Governors

Hon’ble Mr. Justice Ashok B. Hinchigeri

Hon’ble Mr. Justice A.S. Bopanna

Hon’ble Mrs. Justice B.V. Nagarathna

Hon’ble Mr. Justice B.V. Pinto

Documents

January 2013 Karnataka Judicial Academy