Internship Diary

Court visit and internship diary SUBMITTED BY Meghan EXAM ROLL NO. 170371 CLASS ROLL no. 173562 LLB V Sem, Section E 3rd Year

Campus Law Centre, Faculty of Law, University of Delhi Submitted to: Dr Kailash, Professor,Law Center-II

TABLE OF CONTENTS S.No

PARTICULARS

FROM PAGE

TO PAGE

. 1.

Certificate of Internship

3

3

2. 3.

Introduction Day-wise summary

4 9

8 20

4. 5.

Conclusion Legal documents drafted

21

21

22

24

25

26

27

28

29

31

during internship a) Application U/O 13 Rule b)

10 (ANNEXURE I) Legal notice for suit for recovery (ANNEXURE II)

c)

Application for Interim Maintenance u/s 125Crpc

d)

(ANNEXURE III) Complaint u/s 190/200 Crpc(ANNEXURE IV)

Introduction Study of law entails legal knowledge and reasoning in mind of students who are going to become lawyers in future. Curriculum in law school includes a right mix of theory as well as practical. The application of law and its study are two different aspects which are duly taken care of in law colleges. The internship is a mode through which students can learn the nuances of law and see the law in action. The practice of law requires active steps to be taken right from the stage one enters into law school. During the summer vacation after our exam, I utilized the opportunity to have hands on experience on application of law. I joined internship with Mr. Dalip Singh at Patiala House court . Sir handles all affairs relating to civil and criminal matters and have matters covering wide jurisdiction beyond NCR Sir was helpful and patient enough to introduce me to the legal arena. I got valuable experience in varied areas of law. From criminal matter including filling bail applications to civil matter involving core practice of Civil Procedure code. Through this diary, I am going to share my internship experience for a period of 1 month. Although I will try my best to share my experience, yet there are certain limitations to my memory and knowledge. I have included maximum number of cases which I have handled during my internship.

Declaration This declaration is made at Delhi that this internship report contains the work accomplished by me which was assigned to me during internship. This work was done in respect of the partial fulfillment of the requirement for the award of degree of Bachelor of Law [LL.B (H)]. This has not been submitted either in whole or in part to any other Law University or affiliated Institute under University, recognized by the Bar Council of India for the award of any law degree or diploma within the territories of India. All information provided here, have been comprehended from actual legal documents and do not contain any alteration as far as the facts and judicial orders are concerned.

Acknowledgement Before submitting my detailed report/diary on internship, I find an opportunity to place on record my warm gratitude towards Professor Raman Mittal, Head and Dean of Faculty of Law, University of Delhi, Dr kailash sir, our respected teachers to encourage us towards Internship and how to perform our duty under Internship. I would like to place my warm gratitude towards Dalip Singh, Advocate, under whom, I completed my internship and I gained a detailed and useful experience for the purpose of Internship as well as for profession of advocacy in near future.

I would also like to thank and extend my regards to you sir for being an excellent mentor and teacher of the Moot Court & Internships. It is solely due to her guidance and mentorship that I have been able to complete my Internship Project successfully.

Certificate The documents attached herein is the true copy of the certificate I received by me in lieu of the work undertaken during the course of my internship

Internship Duration:

1st July to 31st July 2019.

  Working Schedule/hours spent at internship: 6 days a week, 9am to 7pm (Sometimes work used to be extended owing to client meetings or hearing on next day).

Subject Area: Sir specializes in Criminal laws and NI Act matters. I was also involved in other disciplines such as corporate laws and Divorce petition Overview of the internship: Mr. Dalip has about 1 associates in his office and 2 interns. Each intern is assigned to one associate and is supposed to work under that associate, attend all court proceedings every day and as many client-conferences as happens in a day. It was a pleasant experience to be at office and meet various clients and work directly. Conferences happen in the office as well as in Court. An intern here is expected to assist his/her assigned associate in whatever manner. I was lucky to assist at his office and his hearings, at various courts throughout delhi-Ncr Internship at Mr Dalip singh, apart from improving my legal knowledge and practical insights to law, increased my work capacity as here literally all boundaries are pushed. Below is an account of a daily diary followed by some of the work assigned and submitted.

DAY-WISE SUMMARY DAY-1 On the first day, after formal introduction I was given legal research work on Companies Act relating to compounding of offences allowable under company law In my research of the case, I learned that there are certain offences under company law which are punishable with fine and penalty, such offences are not compoundable in nature. I also researched the liability of directors in case of intentional misconduct such as fraud u/s 447. The definition of fraud have undergone varied changes after companies act 2013. A distinction have been created by law between offences involving public interest and those not involving such interest.

Later in the day,I visited the supreme court of india for hearing in the case of Dashrath Rupsingh rathod Vs State of maharastra and another, under the guidance of my leading counsel Abhishek Amritanshu ,the matter before the court was whether the place of dishonor of a cheque is relevant wrt to the filling of the case of dishonor of cheque by the complainant, The Appellant cited S.138 of Negotiable Instruments Act,1881 and various case laws like Ishar Alloy steels ,(2001) 3 SCC 609 And K.Bhaskaran (1999) ,7 SCC 510 to substantiate its point that the complainant is bound by section Ss. 177 to 179 Crpc and the place cannot be of his own choosing., The judge after hearing these arguments ,suspended the day’s hearings and gave a further day for hearing of the rest of the case.

DAY-2 On the early morning of the second 2nd day, I got to hear the arguments laid out in the case of

Shiv kumar Vs state of Maharastra, under the guidance of my leading counsel Abhishek Amritanshu ,In the presence of Hon’ble Mr.Justice N.V. RAMANA the matter before the supreme court was whether the accidental killing of the appellants wife by the sub-inspector in charge at the local thana constituted state murder, The appellant cited sec 302,sec 300 of the indian penal code to demonstrate in front of the hon’ble judge D.Y chandrachud that the intention was missing from the police officer’s side to murder the victim ,it also cited the Ram lal Vs Sitaram Sharma that in this case also ,under similar circumstances the accused was left off , even though he was on the state rolls and the victim had died , Having heard this elaborate argument ,the court suspended the rest of its proceeding, And fixed a later date for resuming.

DAY-3 On the third day, I was asked to go to the Tis Hazari Court. I observed admission/ denial, framing of issues and recording of evidence. I learnt the basic of the evidence stage i.e. how issues are framed. The word OPP i.e. onus of proof on plaintiff and OPD i.e. onus of proof on defendant at the end of the issue defines the duty of the plaintiff and the defendant to prove the issues raised. Then I went to the supreme court to observe the proceedings in the case of Tabrez Khan @guddu & Ors, vs The state of Uttar Pradesh & Anr, which falls under the criminal appellate jurisdiction .I observed the proceeding under the guidance of Shri Dalip singh ,who gave me the case file to look at ,all the facts and evidence which had been tendered before the court, To see if it fits,the story which was given by our side that is the respondent’s side,In the meantime,both the appellant and respondents sides had given their arguments ,Only the Judgement was reserved which was given by Honorable Justice Abhay Manohar Sapre,J,In this case the Judge decided that the appeal filed holds merit and the appellant side succeeds ,

The reasons given by the judge were as follows since the complainant was in a martial relationship with the respondent,then according to sharia law code 1936,the court in accordance with sections 3 and 5 quashes the appeal questioning the appeal against the marriage of the respondent 2.

DAY-4 On Day 4, I visited in the case of State Vs. Bhani Ram & Others in the court of Ld. Session Judge Sh. Narinder Sharma and under the guidance of my Ld. Counsel Sh. Dalip singh, I observed the proceedings at the stage of Arguments. As in previous hearings I observed examination of witness and now I observed that Ld. Judge asked both parties to argue and after hearing arguments from both sides Ld. Judge put the matter for pronouncement of judgment on the next i.e. 23.08.2019 and adjourn the matter. On the same day I also went in the matter of Renu Vs. Manoj Kumar in family court of Sh. Yashwant Kumar, Principal Judge, Family Court, West District, Tis Hazari Courts, Delhi with income affidavit for maintenance as ordered by the Hon’ble court on previous day of hearing and under the guidance of my Ld. Counsel Sh. Dalip singh, I observed the proceedings at the stage of maintenance order. I would like to submit that after submitting the content of the application respondent argued that the petitioner is in position to maintain herself and her daughter as she is employed but after hearing the content Ld. Judge adjourn the matter till next date of hearing. Later in the day, I accompanied Sh Dalip singh to his chambers ,where he commanded me to research on the topic related to martial rape,he taught how the SCC online and Manupatra services work and he helped me to find case laws and match these case laws with topic so as to drive a legal conclusion on the aforementioned subject.

DAY-5

On this day I and some other interns accompanied sir to the Tis Hazari court in the matter of: Raj Rani vs. Uma Luthra & Anr. FACTS: Complainant is the mother-in-law of the defendant. She has filed a case of domestic violence against the defendant. PROCEEDINGS: The Court heard both and

parties

and suggested them to settle the dispute

amicably. Both the parties first resisted to the suggestion but later, after the counselling by their respective lawyers, both the parties agreed to mediate and the matter was referred for mediation. OBSERVATIONS: I observed that the Court was keen towards the amicable settlement of the matter as it was related to a family dispute. Adjudication of a family matter is the last resort taken by the court. The court was trying to reconcile the family and save the relations of the members of the family.

In the evening ,I visited the Mr Amritanshu’s chambers to find the case Laws related to Ram

lal Vs State of Haryana ,A case which he was handling from the appellant’s side ,He commanded me to study the sections which are related to the case and then proceed to find case-laws which have significantly impacted the implementation of these sections , I found the case of Sudir Ranjan Vs State of bihar and kulwanti leone vs state of

rajasthan ,who cast deep shadows on the implementation of these sections in relation to other cases

DAY-6 On the sixth day, I was given some drafting work. I had to draft an Application under Order 13 Rule 10 of CPC i.e. for producing of evidence. As one of the matter is pending before the trail court and an appeal was filed against the order of the trail court in the High court of Delhi. Some documents were required to be furnished before the Hon’ble High Court and the same were admitted in the evidence in the trail court which is attached herewith as ANNEXURE I.

DAY-7 On Day 7, I visited in the case of State Vs. Santosh Thakur in the court of Ms. Archana Sinha, Addition Session Judge, District West, Delhi with my Ld. Counsel Sh. Dalip singh. I I observed the proceeding at the prosecution witness/prosecutrix. I would like to submit that the prosecution case is that, the accused committed rape on the prosecutrix when she was alone at home as her parents visited their home town in Bihar. I observed that the firstly prosecutrix was chief examined by the public prosecutor, where prosecutrix did not identify the accused as rapist and told the court that ‘it was dark night, I was not in a position to saw the face of the accused.’ When it was turn of my Ld. Counsel Sh Dalip singh for cross examination she repeated the same thing and told us ‘I am not sure that he was on that or anyone else’. After examination of the victim court was adjourn till the next date of hearing for next prosecution witness.

DAY-8 On the eighth day, I visited High Court of Delhi. Here I witnessed Court proceeding. I also got the opportunity to see Mediation. Later on, I was given some drafting work for the matter of next day. I also visited the court of Ld. Judge Sh. Himanshu Baghel and under the guidance of my Ld. Counsel Sh. Dalip singh, I observed the proceedings during the final arguments. Case Titled as Ramesh Kumar Vs. Meena. I observed that suit was filed for permanent and mandatory injunction. I observed that Ld. Judge asked the Ld. Counsel for the plaintiff to argue first. Ld Judge heard the arguments from the side of plaintiff, thereafter arguments were heard from the side of opposite party at length. Initially, I observed that both the parties were given 1 hour time for addressing arguments. I observed that after the arguments from defendant’s side, rebuttal was allowed for Ld. Counsel for the plaintiff but that was confined to new facts only. I would like to reproduce here what Ld. Judge has noted in the order-sheet dated 10.07.2019 :

Present : Ld. Counsel for the parties.

Arguments heard at length from both sides. Both the parties are at liberty to file written submissions, if any, not exceeding 5 pages before 22.08.2019. Put up for pronouncement of judgment/clarifications, if any, on 15.08.2019. (Himanshu Baghel) Civil Judge-01, Central, Delhi In the end, I had observed that both the parties were heard orally and sufficient time was given to both the parties along with liberty to file written submission.

DAY-9 On this day, I visited Saket District Court for some property matter. The matter was at the stage of evidence. Here I witnessed chief examination and cross examination of witness. Examination-in-Chief: In the process of examination-in-chief, we ask questions from our witness. Generally the party to a case is a prime witness as they can describe the events of the case properly. In examination-in-chief, generally open ended questions are asked from the witness to make a story i.e. how, what, when happen etc. I witnessed examination-in-chief in two cases, one family matter and other in property related. Cross-examination: After examination-in-chief is done, the opposite councel cross examines the witness. One thing I observed during my internship is that most of the witnesses are tutored by the counsel. They were prepared by their counsel generally a day before on the weak points of the case which they think the opposite counsel will ask them in the court.

DAY-10

On this day, I visited in the case of State Vs. Mangilal & Others in the court of Sh. Kuldeep Nayaran, Session Judge, West District, Delhi with my Ld. Counsel Sh. Dalip singh , I observed the proceedings at the stage of Arguments on Charge. I would like to submit in nutshell that the prosecution alleged that all the accused has killed the worker of Sh. Atul Sharma who is the proprietor of the property where the crime was committed. Firstly it was argued by the Public Prosecutor who submitted that all the accused had made criminal conspiracy to kill the worker and dacoit the factory of Sh. Atul Sharma and in order to follow their criminal conspiracy they all killed worker since deceased. After hearing arguments from the Public prosecutor and complainant’s counsel, Ld. Session Asked the Counsels of accused to argue on the charge. All counsels who were appearing on behalf of their clients argued in same way that their client was not present at the time of incident as there all were in their native place and police has arrested them with the collusion of Sh. Atul Sharma. I observed that after heard arguments from both sides Ld. Judge Charged all the accused for the offence of Murder with dacoity U/s 397 R/w Sec 120B of IPC. .

DAY-11 On this day, I visited Patiala House Court to attend Court proceedings in the complaint case under section 138 of Negotiable Instruments Act. I came to know that Sec 138 is quasi- criminal in nature i.e. being a civil wrong, the criminal procedure code i.e. CrPC is followed to prove the case. Later that day, I visited High Court of Delhi where I witnessed the recording evidence before Local Commissioner. I learnt that the evidences are produced, exhibited etc before the Local Commissioner appointed by the High Court. The procedure is different from what I have witnessed during my previous visits to the District Court.

DAY-12 On this day, I was assigned to do some research work on legal propositions for a civil matter. I was also given some drafting work. Later that day, I went to the Chamber in order to attend a scheduled client meeting. Client

meeting was related to a criminal case and our client was complainant in it. My task was to observe the meeting and write down the information being provided by the client. I learned that it is very important to hear the client patiently and if he is not able to present facts clearly, then they should be asked questions related to the case. The questions should be such that they are able to present a chronological picture of the whole case.

DAY-13 On the thirteenth day, I was asked to go to Library of Delhi High Court along with my fellow interns to collect the cases from various law journals. We learnt how to find a case law using citation like AIR 1980 SC 674. Where AIR stands for the name of the Law journal, 1980 stands for the year of publication, SC stands for Supreme Court and 674 stands for page no. of the case in the law journal. The cases of which the citation was not available, I asked the librarian to check the citation of the cases on the Software installed on their computer. Later that day, I visited Patiala House Court to attend the court proceedings in the matter of will. Jitender Kumar Mishra was the judge, that guy was amazing. It was his first day in the court after becoming Additional District Judge. Our matter was on the stage of argument, so it was listed on the Cause list. After sitting there for 2 hours looking at the way in which he deals with the matter, I became his fan. We need more judges like him who are witty and deals with matter with great pace.

DAY-14 On the fourteenth day, I visited Saket District Court where I attended court proceedings in the matter relating to execution. Decree was passed in favour, so I learnt the procedure decree is passed like how nazarat officer has to file his report, bailiff is appointed etc. Later that day, I was given work to Draft a complaint U/s 138 of Negotiable Instruments Act, 1881. During my internship, I learnt that good drafting skills play a vital role in the case. If you are able convey your case through drafting, you can win half of the case at the beginning only.

DAY-15 On Day 15th , I visited in the case of Ram Avtar Gupta Vs. MCD in MCD Tribunal with my Ld. Counsel Sh. Dalip singh . I observed arguments on the application on the condonation of delay. The Ld. Judge of the Tribunal heard arguments and condone the delay with subject to cost of Rs. 2,000/- on the applicant.

DAY-16 On this day I was assigned a legal research on topic – whether Order-7 Rule-11 is applicable to Summary Procedure or not? It was quite a tough research for me as rarely any case was available on this particular issue, furthermore, I was looking for a judgment in favor of the topic as one case of the Advocate was pending before the Saket District Court wherein he was required to produce such favorable judgment in his final arguments in order to win the case. After a lot of research and reading, at the end of two days, I could find one judgment on this issue which was favorable and was very precisely and aptly applicable to the case in hand. JUDGEMENT:

Delhi High Court,

Jammu & Kashmir Bank Ltd. v. Shri Digvijay Cement decided on 28.08.2008.

Day-17 On this day I drafted a legal notice for suit for recovery which is attached herewith as ANNEXURE II. I was also asked to do legal research work on a criminal matter.

DAY-18

On this day, I visited the court of visited in the case of State Vs. Santosh Thakur in the court of Ms. Archana Sinha, Addition Session Judge, District West, Delhi with my Ld. Counsel Sh. Dalip singh . I observed the proceeding at the arguments on the Bail Application. Firstly the

Ld. ADJ gave us permission to argue on the Application and my Ld. Counsel Sh. Dalip singh argued as I said earlier or as I drafted the Bail Application. I would like to submit that after hearing arguments on the Bail Application, Ld. ADJ gave permission to Public Prosecutor to oppose the Bail Application. Public Prosecutor opposed the Bail Application but the same was accepted by the ADJ with the condition of 2 surety of Rs. 15,000/- each.

DAY-19 On this day I was assigned a legal research on the topic – whether an appeal filed against the order dismissing the review petition is maintainable or not? It took me the whole day to research on this topic in depth. This legal research topic required in depth study and extensive research to find the settled position of the law on this point. After a lot of research and reading, I found few judgments on this issue which unambiguously revealed the settled position on this legal point. From the research and the cases found, it could be concluded that the appeal made after the rejection of the review petition is not maintainable by the virtue of Order XLVII Rule 7 of The Civil Procedure Code of 1908.

DAY-20 On day 20th I visited in the NI Court of Ms. Ruchika Sharma, Metropolitan Magistrate, Delhi in the case of Indian Timber & Plywood Vs. Praveen Constructions with my counsel Sh. Dalip singh, I observed the proceedings at the stage of filling written statement. I observed that my Ld. Counsel filed the written statement and provide one copy to the opposite party also. I would like to submit that my Ld. Counsel Sh. Dalip singh took permission from the Court for oral submission and after getting permission he deny all such allegations as made by the petitioner in his petition and make some averment of the facts to the case.

DAY-21

On this day I accompanied Sir to the Family Court, Dwarka, New Delhi, in the matter of: Mamta Chamoli and Dr. Chamoli FACTS: This was a matrimonial dispute. Parties sought divorce on the ground of mutual consent. PROCEEDINGS: The first motion petition was filed by both the parties. Next date of hearing was fixed after 6 months. Meanwhile, it was suggested to the parties to try to reconcile and they have the liberty to withdraw the case within 6 months. OBSERVATIONS: I learnt the procedure followed in the divorce by mutual consent and observed the role played by the judge.

DAY-22 On this day I and some other interns accompanied Sir to the Mediation Centre, Tis Hazari, New Delhi in the matter of: Raj Rani v. Uma Luthra & Anr. FACTS: This mediation was directed by the Civil Judge Ms. Mahima Rai to this cell in the matter of Raj Rani v. Uma Luthra & Anr. PROCEEDINGS: The Mediator asked both the parties to the dispute about their willingness to mediate. Moreover, he asked both the parties to put forward their fearless opinions. Notwithstanding the efforts made by the mediator, the mediation between the parties failed and the matter was referred back to the court by the mediator for adjudication. OBSERVATIONS: I observed that the mediator was not genuinely putting effort to mediate between the parties to solve the dispute. He did not apply any mediation technique except caucus to expedite the process. It appeared to be an empty formality on the part of the mediator. I think he should have at least asked parties to come for a next hearing and tried more for mediation rather than submitting the failure report in one day that too on the basis of rarely half hour mediation. It appeared that the mediator was more keen to wind up the matter as soon as possible rather than to facilitate the mediation for which he was

specifically appointed by the court. I think mediation should be encouraged in family disputes to settle amicably. This was the last day of Internship, wherein Sir congratulated me for working very hard and diligently during my internship. Later on Sir gave me my certificate of internship and wished me best of luck.

Day 23 On this day, I visited the court of Sh. Sudhir Jain, Ld. Principal Judge of Family Court, Tis Hazari in the case of Bhupender Vs. Seema and under the guidance of Sh. Dalip singh, Ld counsel, I observed the court proceedings while at the stage of arguments. Sh. Dalip singh Counsel for the Respondent argued that on the last date of hearing court ordered the Plaintiff to pay maintenance of 4000/- per month to the Defendant but he paid only 3000/- only. So, therefore, after heard arguments from both side Ld. Family Court Judge passed the order that the Plaintiff to pay remaining sum and also pay the next month’s maintenance within 30 days of the order and also direct counsel for Respondent Sh. Dalip singh to file Updated Income Affidavit.

Day 24 On this day , I Visited in the Court of Ld. MM Judge Ms. Ruchi Asrani, in the case of Oriental Air Csonditioning Vs. Dimple Enterprises and under the guidance of Sh. Dalip singh, Ld. Counsel, I observed that the court proceedings at the state of Examination of witness who was employed in Bank. Witness was firstly examined by Plaintiff counsel and thereafter he was cross-examined by Defendant counsel Ld. Sh. Dalip singh and his evidences were tendered by way of affidavit before the court. Statement of the witness was opposed by the counsel for Defendant as he deposed falsely and all three document which were produced by him before court were fake. After heard arguments of both parties, Ld. MM Judge gave next date of hearing.

Day 25

On this day, I visited in the case of State Vs. Ishwar in the Court of ASC Sh. Ajay Kumar Malik and under the guidance of my Ld. Counsel Sh. Dalip singh, I observed the proceedings for cancellation of warrant as the accused was not present on the last date of hearing. Before going court I drafter the cancellation application. Court grants permission to argue and it was argued by Ld. Counsel Sh. Dalip singh that on last date of hearing he was absent because he mistakenly note the next date of hearing 17.06.2019 instead of 22.06.2019, resultantly court issued arrest warrant against accused. After hearing arguments and giving opportunity to Public Prosecutor, court cancel the arrest warrant with subject to cost of Rs. 1000/- (Rupees One Thousand only) which shall be paid in the account of DLSA.

Day 26 On this day I read Divorce case related files in the Chamber and did research work on them using SCC Online. I got to know about the Hindu Marriage Act sections that govern divorce in India. Then, I was asked to go to Patiala House Court and see the proceeding of the court in one of the matters. I was feeling quite happy as unlike other law firms I don’t have to sit in front of the computer and do legal research and don’t see the face of court even once.

Day 27 On this day,I visited in the case of, I visited in the case of State Vs Ram Narayan in the Court of Hon’ble Justice Rohinton Nariman, Supreme court and under the guidance of my Ld. Counsel Sh. Dalip singh, The matter was before the judge and he asked us what we wanted to say,wesubmitted that charge of 509 was not made out.That as per the allegations in the complaint there was a quarrel that took place on the road between complainant and accused in which accused allegedly abuse the complainant.We argued that if we see prima facie , the quarrel that took place and accused abuse then the same is for the complainant only just Because his wife who was standing near him and heard the abusive language does not attract 509 IPC whereas 509 can only be made out when intentionally a man abuse a woman.The accused did not have intention to insult lady.On the other hand Ld.APP argued sufficient material is on record to charge the accused.The judge heard thearguments and reserved the case for order at first Monday of next month.

Day 28

On this day, I visited the court of Ld. Metropolitan Magistrate, Sh. Manoj Kumar, Central Delhi and under the guidance of my Ld. Counsel, Sh. Dalip singh, I observed the proceedings during examination-in-chief and cross examination. Case was titled as Pankhi Lal Meena Vs. Laxman Singh Meena. I observed firstly, Witnesses were divided into two parts such as Complainant witness and respondent witnesses. I would like to mention that this matter was listed for record the testimony of complainant witness. Upon enquiry, I found that cross examination had to be conducted by respondent witness. There were three witnesses who were present on behalf of complainant who were given number as CW 2, CW 3 and CW 4 and their evidences by way of affidavit were tendered before the court. I observed that this would like to be called examinationin-chief of witnesses. I observed later that these witnesses were cross-examined by respondent counsel. I observed that in most of the times Judge played a role of mute spectator, however at some time, he used to put court questions and witnesses were required to answer those questions. I observed that the testimony started with the oath of witnesses. There after all three witnesses were discharged after recording the testimony of witnesses.

Day 29 On this day, I was assigned to do some research work on legal propositions for a civil matter. I was also given some drafting work. Later that day, I went to the Chamber in order to attend a scheduled client meeting. Client meeting was related to a criminal case and our client was complainant in it. My task was to

observe the meeting and write down the information being provided by the client. I learned that it is very important to hear the client patiently and if he is not able to present facts clearly, then they should be asked questions related to the case. The questions should be such that they are able to present a chronological picture of the whole case.

Internship Experience 1. This internship helped me a lot to learn about the court procedures. From doing legal research to drafting to preparing for the case to actually pleading the matter before the court. 2. The internship was proved to be very helpful for learning insight of legal profession. I got to know how to deal with the clients, how to prepare for the matter etc. 3. The internship helped to learn the basic ettiquettes of the court of law from the point of entering the court room to the point of leaving the court room. 4. The thing which bothers me a lot was the fact that the judiciary is overburdened. The judicial officer does not have the adequate time to listen to a matter properly. The adjournment or long dates for the matter become the part of court process in a country where Right to Speedy Trial is considered as a fundamental right. 5. Another thing that bothers was that the parties are not interested in the disposal of matter rather they considered that the long delay in deciding the matter is good for them. Most

of parties want take some kind of revenge from the other parties by involving them in never ending litigation process. 6. “Giving justice is something like searching for a black cat in a dark room where there is none”. The statement seems to be correct in the context of Indian Judiciary where it takes ages for the disposal of cases and when the matter is decided then either the party is dead or the subject matter is long gone. 7. There is ignorance about legal principles and proceedings amongst the citizens of this country. The people coming to the court are not aware of their rights and duties. 8. The procedure for the conduct of litigation is pretty dilatory and too many appeals are possible. I agree that there are many opportunities provided under the law for the parties to be heard. But I do like the principle as it ties into the basic principle of natural justice.

(ANNEXURE I) BEFORE THE HIGH COURT OF DELHI AT NEW DELHI (ORIGINAL CIVIL JURISDICTION)

I.A. NO. _______ OF 2019 IN C.S.(OS) NO. OF

IN THE MATTER OF:

X …PLAINTIFF VERSUS

Y …DEFENDANTS

APPLICATION ON BEHALF OF THE PLAINTIFF UNDER ORDER XIII RULE 10 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR SUMMONING OF JUDICIAL RECORD OF MULTIPLE CONNECTED MATTERS FOR THE PURPOSES OF ADMISSION/DENIAL AND FOR NECESSARY ORDERS AND DIRECTIONS.

The Plaintiff above named

MOST RESPECTFULLY SHOWETH:

1.

That the aforesaid Suit is pending adjudication before this Hon’ble Court and is listed for

evidence of the Plaintiff before the Local Commissioner, Ms._________ , on _.2.2019. 2.

That the application Under Order XIII Rule 10 was moved by the plaintiff before this

Hon’ble court on _.11.2018 and the same was allowed. But due to inadvertent error, the same was not taken on record.

3.

That in order to prove his case, the Plaintiff has relied upon certain judicial records

including pleadings, documents, etc. which have been filed in various other matters which are pending between the same parties. 4.

That since the Plaintiff is relying upon the said judicial records to prove his case, it is

necessary that the original documents be produced for the said purpose. Accordingly, the Plaintiff is filing the present Application under Order XIII Rule 10 read with Section 151 of the Code of Civil Procedure, 1908, thereby, inter-alia, praying for the summoning of the judicial record of multiple connected matters as are pending between the parties herein. 5.

That the said records are being relied upon by the Plaintiff in order to prove his case and

are records pertaining to matters between the parties to this Suit as well as the mother of the parties. As such, in order to prove the documents, the summoning of the concerned judicial records (stated more particularly in detail herein later) is absolutely imperative and necessary. 6.

That the Plaintiff seeks the summoning of the following judicial records for the next date

of hearing i.e. _.2.2019 before the Local Commissioner:

i. Suit bearing No.

in the matter titled “Y V/s X and Ors.” as currently pending before

the Court of Ld. Additional District Judge, Patiala House Courts, New Delhi.

ii. Suit bearing No.

in the matter titled “X V/s Z” as currently pending before the Court of

Ld. Additional District Judge, Patiala House Courts, New Delhi. It is reiterated herein that the Plaintiff is relying upon the record of the aforesaid judicial proceedings including the pleadings and documents filed by the parties and accordingly it is imperative and necessary that the aforesaid judicial record be summoned. 7.

That the present Application is bona fide and deserves to be allowed in the interest of

justice.

PRAYER

In view of the facts and circumstances mentioned hereinabove, it is most respectfully prayed on behalf of the Applicant herein, that this Hon’ble Court may graciously be pleased to:

(i).

Allow the present Application thereby direction the summoning of the aforesaid judicial

records as stated in para 6 of the present Application; (ii) To pass any other order as this Hon’ble Court deems fit and proper.

(ANNEXURE II) LEGAL NOTICE FOR SUIT FOR RECOVERY Dear Sir, On behalf of and under the instruction of my client, Sh. Rajiv Sehgal, S/o Sh. Inder Raj Sehgal, R/o -29, Indira Park Ext. Gali No. 8, Near Chander Nagar, Delhi 110051, I have been authorized and instructed to serve upon you this legal notice. 1. That my client is the self- made business man, running his business under the head of M/S RAJU TRADING COMPANY, dealing in the manufacturing and trading of the Oil Engine spare parts. 2. That my client was in continuous business relationship with you from almost last one decade. The orders placed by you were always delivered by my client and on the other hand the bills raised vide GR No. 39729 dated 28-12-16 of amount Rs 25,398/- , by my client were paid by you in the reasonable period of time.

3. That the last order placed by you to my client for the supply of the good was also duly delivered to you by my client on time, but the payment for this order placed by you for Rs. 25,398 is not yet delivered to my client. The amount of this transaction is pending for approx. one year. 4. That my client visited your office, Addressed Raghunath Ganj, Katni, Madhya Pradesh several times in this 1 year period to collect the due payment of the good supplied to you. But every time you made a false promise that you will deposit the due amount of money in the account of my client. 5. That several times my client called you on your mobile number and also on your office number but every time only new excuses were given to my client for the delay of the due payment. 6. That my client waited for all this long time due to the respect of the business relation that he had with you from last 1 decade. 7. That with your repetitive excuse for non-payment of the due amount, it is clear that you don’t have the good intention to pay the due amount of the last order placed by you to my client. We, therefore, call upon you through this legal notice to pay Rs.25,398/- i.e.(Twenty Five Thousand Three Hundred Ninety Eight) with interest @24% p.a. which is the market rate, trade practice and general usage.

Take notice that you are liable to comply with this legal notice latest within a period of 15 day time from the date of receipt of this legal notice failing which my client will positively initiate civil suit for recovery of money in courts against you entirely on your risk and cost which you may please note. Take further notice that you are also liable to pay Rs.11,000/- being the cost of this legal notice within same 15 day time as stated above, along with the amount claimed above. Copy Kept. Yours faithfully,

Through: (Advocate)

(ANNEXURE III)

DEPONENT BEFORE THE COURT OF FAMILY COURT, PRINCIPAL JUDGE, ROHINI, NEW DELHI COMPLAINT CASE NO.

OF 2019

IN RE:Ms Kiran & Anr.

Vs

Ravinder Prasad

APPLICATION U/S 125 (1) FIRST PROVISO OF CR. PC FOR INTERIM MAINTENANCE & EXPENSES OF PROCEEDINGS MOST RESPECTFULLY SHOWETH:1.

That the complainants/applicants have filed an application/complaint for maintenance and expenses of proceedings, which is pending adjudication before this Hon’ble Court.

The contents of the accompanying application/complaint may be read as part and parcel of present application as the same are not repeated here for the sake of brevity. 2.

That the complainants/applicants have limited source of income for the livelihood of self and her minor child and their maintenance and are on the verge of starvation.

3.

That the grant of Interim maintenance and expenses of proceedings would serve the end of justice.

PRAYER:It is, therefore, most respectfully prayed that this Hon’ble court may be pleased to direct the respondent/accused to pay a sum of Rs.15,000/- per month each (total Rs. 30,000/-) as and by

way

of

her

maintenance

and

Rs.10,000/-

as

cost

of

present

litigation

to

complainants/applicants, from the date of filing of present complaint/application and continue to pay future maintenance at the above said amount. Any other and further order, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, may be also passed in favour of the complainant.

Delhi Dated:

Complainant July, 2019 Through

Counsel

(ANNEXURE IV)

BEFORE THE COURT OF CHIEF METROPOLITAN MAGISTRATE, PHC, NEW DELHI COMPLAINT CASE NO.

of 2019

IN RE:Ms. X

Vs

Niloy Kumar Pande PS-Sarojani Nagar U/S 380 IPC COMPLAINT U/S 190/200 Cr.PC

MOST RESPECTFULLY SHOWETH:-

1.

That on 20/06/2019, complainant approached her CA for filing their income tax return and on demand for the PAN Card and Aadhar Card by her CA, complainant found that her both the documents are missing from the hand bag. Complainant searched for these documents but with no result.

2.

That on 28/06/2019, complainant found that the two cheque books of ICICI Bank, are also missing and even after thorough search complainant could not find any of these documents. The complainant rarely made any payment by cheque from these cheque books.

3.

That on the same day complainant made stop payment request against cheque no. 333648 to333670 to her banker.

4.

That on 29/06/2019 at 09:04:24, the request of complainant was completed vide service request number SR552326570.

5.

That from an SMS received on 04/07/2019 at 12:18AM from Niloy Kumar Pande, complainant came to know that he had stolen the cheque books and other documents. The contents of the SMS are as under:“Kaha gaya himat pakra gaya. Himat ha to p nick kar. me case kar raha hu. 4 chek ha me janta the tum gadari karoga. tuma khic ka laka awnga. himat ha to ghar me jake ruk.”

6.

That now complainant recollect that accused has played this mischief during her cohabitation with him from 03/04/2019 (13:27 hrs) to 05/04/2019 (13:28 hrs) at hotel The Lila Palace Chankayapuri (Room No. 215), New Delhi.

7.

That during the course of hearing of his anticipatory bail application (dismissed on 06/07/2019 by the Hon’ble Session Court) in a rape case, accused disclosed that two cheques from these cheque books are in his possession.

8.

That the complainant has very strong apprehension that accused shall misuse these valuable documents for some sinister purpose to cause harm to her.

9.

That on 10/07/2019, complainant made a complaint in writing to SHO, PS-Sarojani Nagar, against accused and forwarded copy of the complaint to Commissioner of Police, DCP and ACP concerned by courier/speed post.

10.

That the accused has committed the offence within the territorial jurisdiction of this Hon’ble Court.

Hence, this Hon’ble Court has jurisdiction to entertain the present

petition and to try the same. PRAYER:- It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to direct SHO,PS-Sarojani Nagar to register an FIR against the accused for the offences of committing theft punishable U/S 380 IPC, in the interest of justice. It is prayed accordingly. Place : Delhi Dated:

Complainant July, 2019

Through Counsel

BEFORE THE COURT OF CHIEF METROPOLITAN MAGISTRATE, PHC, NEW DELHI COMPLAINT CASE NO. of 2019 IN RE:Ms. X

Vs

Niloy Kumar Pande

AFFIDAVIT I, Ms. X aged 28 years D/o Mr. Y R/o XYZ, Rohini, Delhi-85, hereby solemnly affirm and declare as under:1.

That the accompanying complaint under section 199/200 Cr.PC has been drafted by my counsel under my instructions. The contents of the complaint have been explained to me in vernacular and the same are understood by me as true and correct.

2.

That the contents of the accompanying complaint may be read as part and parcel of present affidavit as the same are not repeated here for the sake of brevity. DEPONENT

VERIFICATION:

Verified at Delhi on this day of July, 2019 that the contents of the above affidavit are true and correct and nothing material has been concealed or suppressed therefrom. DEPONENT