METHODOLOGY OF TRAINING

To begin with, the trainee Judge shall be required to study the working of different Section like Nazarat, Malkhana, Copying, Record room, Accounts, S.W. Section etc. under the guidance of Judicial Officer incharge of the respective section and shall also sit with senior officials in these Sections. During this period, they shall also study the relevant provisions of the Rules and Orders both Civil and Criminal relating to the working of these Sections. The trainee Judge shall also sit with the Clerk of Court/Deputy Clerk of Court for about one hour daily with a view to see and study as to how pleadings are scrutinized and the office establishment work is done. The District Judge shall constantly guide the trainee Judge regarding the working of the different sections under his establishment.

After this one months programme, the Trainee Judge shall be required to attend the first part of the institutional training for one month at C.S.J.A., Bilaspur. At C.S.J.A. The trainee Judges shall be required to maintain the dress code prescribed for Civil Judges. They shall also be required to bring with them such law books and stationery as may be specified in the training programme.

After this two months programme, the District Judge shall direct the Trainee Judge to sit with a Senior Civil Judge in the Court for one month to observe Court working and proceedings of civil cases, recording and controlling of evidence,hearing of arguments etc. During this period, the trainee Judge shall also be required to prepare draft issues, draft orders on interlocutory matters and also draft judgments.

For another one month, the Trainee Judge shall be required to sit with the C.J.M./A.C.J.M./Senior Magistrate to observe Criminal Court working, framing of charges, recording and controlling of evidence, examination of accused, hearing of arguments etc. During this period, he shall be under the constant supervision of the Chief Judicial Magistrate and shall be required to prepare draft charges, draft questions for examination of accused, draft interlocutory orders draft judgments.

From time to time, the Trainee Judge shall be required to submit his draft charges, draft issues, draft judgments/orders, draft interim orders to the District Judge, who shall after perusal thereof properly guide the Trainee Judge.

During this period of training, the District Judge shall also provide to the trainee Judge records of 25 contested disposed of Civil Suits and 25 Criminal Cases (such records containing Judgment of appellate Court). The trainee Judge shall thoroughly study these records (order sheets, oral evidence, interim orders, if any, Judgment of the trial Court and that of appellate Court) and prepare his notes and submit the same to the District Judge on weekends, for his perusal and appropriate directions.

The District Judges shall call the Trainee Judges on Sundays and holidays and have a meeting with them and orally test them about the progress of their field training and deliver them lectures by way of guidance on different topics/matters and shall also discuss with the trainee Judge, day to day working of the Court and various problems, aspects connected therewith and also the administrative matters. The District Judges shall also explain the trainee Judges, about admissibility of revenue records and Khasara entries in evidence and how they are to be proved, with reference to the provisions of Section 117 of the Chhattisgarh Land Revenue Code. The provisions of Section 57, 164, 165, 168, 185, 189, 190, 248 and 257 ibid shall also be explained to them. In addition to this, they shall be explained how the discovery memo under Section 27 of the Evidence Act is to be proved and how the inadmissible part thereof, is to be excluded from evidence. The District Judge shall explain the broad principles of appreciation of evidence and rule of Corroboration. They shall also be explained the provisions relating to res gestae, and direct, indirect hearsay evidence, Primary and Secondary Evidence, public and private documents, provisions relating to burden of proof, presumptions, cross examination and impeaching the credit of the witness with reference to Sections 145 to 157 of the Evidence Act and also the principles underlying Section 165 ibid, and also Section 134. The trainee Judges shall be required to study different provisions of Chhattisgarh Rent Control Act, 2011, Court Fees Act, Suits Valuation Act, Stamp Act and particularly Section 35 & 36 thereof. They shall also be required to thoroughly study the relevant provisions of Civil Procedure Code and particularly Sections 10, 11, 144 C.P.C. and Orders 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 20, 21, 22, 23, 32, 33, 34, 35, 39 and 40 C.P.C. They shall also be explained the provisions of Sections 17 and 49 of the Indian Registration Act. Similarly they shall be required to study the different relevant provisions of Cr.P.C. like Sections 98, 100, 154, 156, 167, 193, 200, 202, 203, 451, 457 Cr.P.C. & also the chapter pertaining to framing of charges, recording of plea in summons cases and difference between summons and warrant trial and procedure relating thereto. They shall also study the relevant provisions of Contract Act like lawfulness of consideration, breach of contract and assessment of damages. From time to time the District Judges shall orally test the knowledge of the trainee Judge pertaining to the above subjects and remove his doubts and confusions.

After this two months field training programme, the Trainee Judge shall be required to attend the second part of the institutional training for one month at C.S.J.A., Bilaspur.

After this part of the training as aforesaid, the Trainee Judges shall be given 100 simple Civil Suits, few Execution Cases and M.J.C. (Civil & Criminal) and 200 simple Criminal Cases triable by Magistrate Second Class for trial and disposal. Necessarily, only such Civil Cases shall be transferred in which written statement has been filed and such Criminal Cases in which, the accused have appeared and are on the stage of framing charges and some of them are on evidence stage, so that the trainee judges may dispose of at least few Civil and Criminal cases within a period of three months. At every weekend, the trainee Judge shall submit the records of such Civil & Criminal cases in which he may have passed any order/Judgment of framed/issued charges etc. to the District Judge or any other Senior Judge, as may be directed by the District Judge, for his perusal & appropriate directions.

After gaining this experience of practical court working (for about three months), the Trainee Judges shall be required to attend the last part of the institutional training at C.S.J.A., Bilaspur for one month. The trainee Judges shall bring with them copies of atleast five judgments delivered by them in Civil and Criminal Cases.

On completion of last part of the institutional training at C.S.J.A., the Director, C.S.J.A. shall with the prior approval of the High Court issue a certificate of successful completion of training at C.S.J.A. by the trainee Judge.

After this, the trainee Judges shall, under the constant guidance of the District Judge, work on the judicial side for the remaining period of three months. During this period, if the District Judge is of the opinion that a trainee Judge needs further training, he shall accordingly send a detailed report to the High Court specifically mentioning the areas in which training is required.