Internship Diary Kp.docx

LB :602 MOOT COURT ,MOCK TRIAL AND INTERNSHIP

Kannu Priya Sec E, Roll No. 497 Internship Diary 2/3/2017

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Day: 1 Date: 1st Feb 2017

On the first day of internship with Pravin Sharma & Associates, I came fully prepared with my black coat, handbag with notebook, and other usual stuff as I did not want to miss out anything. Then the next thing Sir did was to ask me to leave everything in his cupboard and carry only one notebook and pen with me. As I proceeded to the courtrooms, Mr. Pravin Sharma explained me that each courtroom deals with specific law like there was a family court, criminal cases court etc Work environment, people The work environment was decent. There is a huge degree of flexibility in the working hours and work given as well. Though Mr. Pravin Sharma had told me not to ask any questions from him during internship and only observe him, he himself used to call us and brief us on the case and mannerism to be adopted in the court.

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Day: 2 Date: 2nd Feb 2017

After reaching the chamber at 10:00 am and meeting Mr. Pravin Sharma, I was asked to read a case through the file given: IN THE MATTER, OF HARDEVINDER SINGH

PETITIONER

VERSUS STATE OF HARYANA

RESPONDENT

Facts: The land was first owned by the great grandfather of the Petitioner, which was compulsorily acquired by the State. The Petitioner was subject to receive the amount of compensation under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013. The case has been settled and the amount of the compensation had also been finalized, but the payment has been delayed since more than 20 years. Thus, this petition is filed for the recovery of the amount of compensation from the State.

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Day: 3 Date: 3rd Feb 2017

In the court of Metropolitan Magistrate, Sh Pawan Kumar, Room No. 369. I witnessed the Chief Examination of the Prosecution Mrs. Rajnee Sharma, in the case of theft of gold and cash amounting to Rs 1 Lacs. The examination started with taking of oath and then brief elaboration about the facts of the case, where she explained to the court the timing, place, way the gold and cash was stolen from her by two men. One man holding her neck and another man forcefully snatching things and hurting her. Her examination was also simultaneously getting documented by the stenographer and narrated by the Hon’ble Judge.

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Day: 4 Date: 4th Feb 2017

Today, I was asked to apply for the certified copy of the Order received in a case, where we represented the matter from the side of the respondent and the order was passed for the dismissal of the petition made. While applying for the certified copy of the order, Mr. Pravin Sharma explained me that the certified copy can be applied for the final or the pending orders. In case of pending orders, first we need to get the same allowed from the respective judge, then only the form can be submitted. In case of final order being passed, we can apply for the certified copy by paying the required stamp duty as per Indian Stamp Act. Instructions for filling the certified copy application includes: 1.

It should contain the full description of the documents of which the copies are sought and

the dates of the documents 2.

Applications for the certified copy/ unauthenticated copy, made by person who is not a

party to the proceedings should also be accompanied by an affidavit of such person specifying the grounds or reasons for which the copy is required and stating how the applicant is interested in obtaining the copy.

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Day: 5 Date: 6th Feb 2017

Today I was asked to reach Dwarka Court by Mr. Pravin Sharma. We pleaded for the bail of the accused. In the court of Sh. VK Guliya, ASJ, Dwarka Court, New Delhi Case: - Sanjeev & Ors Vs State Case Type: - Criminal Case Matter: - Bail applied Section: - Under Section 302/ 201/120B/34 Observation: - The Court granted the bail to the accused because in the last hearing main witness from the prosecution side became hostile. In absence of any other evidence, the bail was granted.

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Day: 6 Date: 7th Feb 2017

Today I was asked to draft a notice of ejectment under Section 106 of the Transfer of Property Act 1882. Facts: The client and his tenant entered a rent agreement which got terminated in the month of February, thus, the notice was simply directing the tenant to vacate the property, on and from the date of receiving the notice, as the end of the rent agreement has also ended the landlord and tenant relationship. In the notice, I was also required to mention I case of failure to quit the premises as desired, the tenant would be termed as trespasser and ejected in the due course of law and the tenant would also be liable to pay the damages at the rate of Rs 1000/- per diem.

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Day: 7 Date: 8th Feb 2017

In the court of Sh. Ajay Nagar, Special Judge, Tis Hazari. Case: CBI Vs Sunil Kumar & Ors We were representing the case from the side of the respondents, but due to absence of the counsel from the other side, the court gave the next date of hearing, though we first kept waiting for the counsel

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Day: 8 Date: 9th Feb 2017

In the court of Sh Pawan Kumar, MM, Tis Hazari. Case: - State Vs Virender Singh & Ors Matter: - Cross examination of the eye witness which is the security guard in the present case Facts: In this case, due to negligence on the part of the school bus driver and teachers, a school boy fall from the school bus. Thus, the parents of the child and others approached the security guard at the school gate and asked about the principal. When it was felt that the principal is not present in the school, many people entered the school premises and damaged the school properties. Also, these people entered the personal property of the principal accompanied with the school and caused damage to the same also. The security guard informed police and locked the school gates from outside. Thus, four people remained inside the school and were taken by the police under their custody. Purpose: - Cross Examination Questions asked were like: 1.

Can you recognize the faces of the people who damaged the property and created chaos

Ans: - No, since they were many and it was dark, as this happened during evening 2.

Can you tell the court, if these are the same persons who were inside the school and were

taken by the police. Ans: - No, I didn’t see the faces while police took them in custody 3.

When were you asked by the police to give your statement

Ans: It was next day after the incidence 4.

Were the persons who damaged the property were carrying any weapons

Ans: Yes, they had danda/stick etc…. Thus, the evidence of security guard failed to prove beyond reasonable doubt, the conviction of our client, thus, the date of next hearing was given by the court.

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Day: 9 Date: 10th Feb 2017

Today, I was asked to draft the application for the grant of anticipatory bail. Case: State Vs Rahul FIR No.: 33/2017 US354/354B/34IPC P.S.: Karawal Nagar Matter: - First application for grant of anticipatory bail u/s 438 CRPC to the applicant/ Accused namely Rahul. The bail application is drafted based on the facts, that the applicant is a law-abiding citizen of India having good reputation in the society. Also, as per the facts of the case, one complaint was pending before CAW Cell Yamuna Vihar Delhi between the brother of the complainant namely Lakhan and sister of the applicant/accused. It seemed that the FIR lodged lateron by the complainant is a result of false and fabricated story against the accused/applicant.

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Day: 10 Date: 13th Feb 2017

Today, a client visited in front of me in the chamber to meet Mr. Pravin Sharma and I got the opportunity to witness the practice of Client Interview. Matter: - Client Interview conducted by the advocate Approach: - Mr. Pravin Sharma followed the Client Centered approach and tried to identify the client’s goals. Objectives of the interview: 1.

Obtain necessary facts and information from the client

2.

Try to identify the client’s goals

3.

Establish rapport with the client through active listening

4.

Time management

5.

Establish the relationship of mutual trust and confidence

Structure of the interview: 1.

Making known the objective of the interview and establishing rapport with the client

2.

Preliminary identification of the problem and remedy sorted by the client

3.

Chronological overview of the problem

4.

Assessment of the problem and trying to find solution

5.

Advising the client by explaining the law, risks, fee, procedure, warnings if any etc

6.

Reassuring the agreement and follow up

I was given the opportunity to witness and take down the notes of facts and information basis the conversation between the client and Mr. Pravin Sharma.

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Day: 11 Date: 14th Feb 2017

Today again I was asked first apply for the certified copy of relevant extracts of the petition filed in a pending case, where we were representing the case on behalf of the respondent. I filled up the required with complete details including details of the parties, date of the order etc and visited the court of Sh Pawan Kumar, MM, Tis Hazari for the approval required. Thereafter, I submitted the same along with the amount of Rs 50/- and respective person, specified on the form the date, by when, we can collect the certified copies. When I came back to the chamber, then again Mr. Pravin Sharma, was in the mid of the conversation with one of the clients, which I witnessed and started to take down the relevant notes about the facts and information which we gathered from the client.

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Day: 12 Date: 15th Feb 2017

Today, I was asked to read one of the case, for which the final arguments were due for hearing on 17th Feb 2017 io n Karkarduma Court. Case: - Tarsem Lal Kohli Vs Avtar Singh Facts: In this case, we were representing from the side of the prosecution, who was residing in Canada. He bought a land through the Property Dealer in Delhi for the purpose of establishing office which had to be constructed as per the guidelines of the prosecution. The agreement for sale was broken into instalments out of which two instalments were already paid by the prosecution and the seller was not allowed as per the agreement to transfer the right to property or mortgage during the term of the agreement to anyone else. The seller agreed to sell the land to the prosecution before the allotment of land to himself. Through sources the prosecution got to know that as per the guidelines of the allotment of land, the seller is not allowed to resell the land. The Prosecution filed the petition for the recovery of the amount already paid with an interest of 18% p.a. During the pendency of the case the defendant died, thus, legal representative of the defendant were representing the case.

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Day: 13 Date: 16th Feb 2017

Today, I was asked to draft a written statement after going through the petition filed by the prosecution. The written statement drafted by myself, consisted of: 1.

Preliminary Objections: - like “That there is absolutely no cause of action in favor of the

Plaintiff and against the Defendant. The suit is therefore liable to be rejected on this ground.” 2.

On Merits: - which consisted of para wise reply to the plaint drafted.

The written statement drafted by myself was reviewed and corrected by Mr. Pravin Sharma.

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Day: 14 Date: 17th Feb 2017

Today, I was asked to reach Karkarduma Court for the Final Arguments of Tarsem Lal Kohli Vs Avtar Singh. Case: - Tarsem Lal Kohli Vs Avtar Singh Purpose: - Final Arguments Observation: - After the presence of both the parties, the final arguments were presented by both the sides of prosecution and defendant, where we mentioned to the court that the defendant has failed to adduce any evidence showing that the seller had the right to sell. Therefore, the hon’ble judge passed the judgement in favor of the prosecution and issued order for the payment of Rs 5 Lacs in front of the court and rest of the amount to be paid till 31st May 2017.

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Day: 15 Date: 18th Feb 2017

Today, I was asked to refer a previously filed application for maintenance under Section 125 of the Code of Criminal Procedure, 1973 and basis the same and facts of the present case draft a fresh application under section 125 of CRPC, 1973. The points that I considered while drafting the application were: 1.

Fact about the legally wedlock of the parties and jurisdiction of the court in deciding the

matter 2.

Place and date of marriage and daughter born out of the wedlock

3.

Period or time for which they stayed together

4.

Reason due to which their matrimonial life got disturbed

5.

Repeated attempts from the side of the prosecution to join the respondent

6.

Liability of the respondent to maintain the prosecution

7.

Employment details of the respondent

8.

Details with respect to amount calculated for maintenance required.

The draft was then reviewed and corrected by Mr. Pravin Sharma.

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Day: 16 Date: 20th Feb 2017

In the court of Sh Rajeev Bansal, Karkarduma Court:Case: - Pradeep Kr Das Vs Imperial Cropcare Pvt Ltd Facts: - We were representing the case from the side of the respondent and the case was filed under the Delhi Shop and Establishment Act 1954, where the prosecution who was the General Manager of the company filed the petition demanding the amount of Rs 3.27 Lacs for serving the company for the period June 2008 to Dec 2008. Though, as per the respondent the General Manager was not performing his services and was served with a notice to show cause, to which the prosecutor replied pleading for more time. Also, the prosecutor absent himself from the services during the period June 2008 to Dec 2008, and came to office on 31st Dec 2008 and filed his resignation. Observation: - In absence of the prosecution on time, the hearing was adjourned.

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Day: 17 Date: 21st Feb 2017

Today, in absence of Mr. Pravin Sharma, a client visited the chamber, meanwhile I myself took the initiative of taking down the notes of the facts of the problem of the client. In few minutes, Mr. Pravin Sharma also joined the conversation. Thereafter, I started going through a few files present and had not much work to do. Also, today I tried to understand the manner of filing done by Mr. Pravin Sharma, like Criminal case files to start with Charge Sheet, Statements given in front of police, petition filed , order etc. Every page was separately bookmarked, to help the identification of the required document.

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Day: 18 Date: 22nd Feb 2017

Today, I was asked to prepare two affidavits basis the affidavits already filed in other cases. I did the research work and understood the format of the affidavit and essentials like the below mentioned: 1.

Details of residence, w/o or s/o etc of the Deponent

2.

Facts or points which are required to agreed specifically by the Deponent

3.

Statement that the facts mentioned are true to the best of the knowledge of the Deponent

4.

Place, Date and Signature of the Deponent

The same was then reviewed and corrected, wherever required by Mr. Pravin Sharma.

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Day: 19 Date: 23rd Feb 2017

Today, I was asked to reach Karkarduma Court by Mr. Pravin Sharma. In the court of Ms. Rajni Ranga, DV Act Case: - Sunita Chittauria Vs Arvind Case type: Domestic Violence Purpose: - To give maintenance to wife through court Observation: - We were representing the case from the side of the respondent. We pleaded for mediation, though the prosecution denied for the same. The hon’ble judge gave us the next date of hearing for deciding the amount of maintenance to be provided.

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Day: 20 Date: 25th Feb 2017

In the court of Ms. Neha, Tis Hazari. Case: - Satish Kumar Gupta Vs SC Johnson Products Pvt Ltd Facts: We were representing the case from the side of the respondent. There was an agreement entered between the parties, where the respondent was required to purchase the products of the prosecutor and sell the same in the specific areas. The petition is filed by the prosecutor claiming that the respondent had appointed another dealer for buying the same products within the same market, impacting the sales of the prosecutor. Though, the facts as per the respondent claim that the prosecutor was not performing well, thus, the full and final settlement was made with the prosecutor by the respondent, after sending of the notice to show cause and thereafter another dealer was engaged for selling the products. The full and final settlement was made through a cheque in favor of the prosecutor by another dealer engaged, though the prosecutor claim that the cheque was against some other products which were in stock and not to be considered as full and final settlement. Purpose: Cross examination of the representative of the prosecutor who was asked with multiple questions like: Q.

Do you maintain a ledger for the stock in hand?

A.

Yes

Q.

How do you get to know of the engagement of another dealer by the respondent?

A.

Through the common business stakeholders as nothing like this is left hidden in the

market. Moreover, we received the cheque from the dealer rather than respondent Q.

Did you respond to the notice sent to you to show cause

A.

I didn’t receive any such notice. There was no performance issues.

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Day: 21 Date: 27th Feb 2017

Today, I was asked to draft an application for the cancellation of NBW issued against the accused Vicky @ Rahul and for the restore of his forfeited surety. Facts: The Non Bailable Warrant was issued by the Hon’ble court against the accused and the surety was also forfeited as the accused was unable to present himself before the court at the time of the last hearing which was 08.03.2017. Application was thus drafted keeping the facts mentioned into consideration and the same was then reviewed and corrected by Mr. Pravin Sharma wherever required. Thereafter, I again started going through the files and observing the way the same are maintained by Mr. Pravin Sharma.

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Day: 22 Date: 28th Feb 2017

Today, I spent the time in the chamber by reading the files present on the table, and was asked to bind one of the case file in orderly manner, by placing bookmarks for easy identification of the various affidavits, petition, order etc. Thereafter, was asked to interview a client without much involvement from Mr. Pravin Sharma, though the advice was provided by Mr. Pravin Sharma. After that, I was asked to draft a rejoinder which was dictated by Mr. Pravin Sharma.

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Day: 23 Date: 1st March 2017

Today, I was asked to draft a plaint for involving the Court in the matter not decided through Arbitration as required in the Arbitration Agreement, entered between the parties: Case: - SSS Builders Vs NTPC Facts: - As per the arbitration agreement under the construction contract between the parties, the matter of dispute was referred for arbitration. Both the parties selected their arbitrators, who were required to select one more arbitrator together. As per the statement of the arbitrator selected by the petitioner, he sent reminders to the other arbitrator multiple times but got no reply on the same, leading to delay in arbitration for more than a year. Therefore, from the side of the petitioner, we had to draft a petition for requesting the court involvement, in deciding the matter of dispute. The language and plaint drafted by myself was reviewed and corrected, wherever required by Mr. Pravin Sharma.

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Day: 24 Date: 2nd March 2017

Today I was asked to reach Karkarduma Court by Mr. Pravin Sharma. In the court of Ms. Rajni Ranga, DV Act Case: - Ex Shelja Saharan Vs Rajinder Case Type: Domestic Violence Purpose: - To give maintenance to wife through court Facts: In this case, both the parties came before the court. Prosecution asked for the maintenance amount from our client. Decision: Basis the facts and circumstances of the case and prior hearing, Hon’ble Judge allowed for the maintenance amount of Rs 20,000/- to be handed over to the prosecution at the beginning of every month.