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Submitted to:-

Submitted by:

Mr. Kailash Jangeer Mr. Harish Jamil

Mehtab Ali 163572 Section - c Semester - 5th IIIrd Year

Faculty of Law CAMPUS LAW CENTER University of Delhi Delhi -110007


This declaration is made on the 30th JULY 2018 at New Delhi that, this Internship Report is prepared and drafted by me, under the aegis of Advocate RAJ KUMAR NAGAR It contains the work that was assigned to me during this internship, and successfully accomplished from my side. This report is a sincere attempt at compilation of the aforementioned work. Its submission is a partial fulfilment of the requirement for the award of Bachelor of Law, (LLB) degree. This report is the original work prepared by MEHTAB ALI, a Student of CAMPUS LAW CENTER, FACULTY OF LAW, UNIVERSITY OF DELHI, Semester - V in fulfillment of requirement for internal assessment under the supervision of my teachers MR. KAILASH JANGEER AND MR. HARISH JAMIL. Neither the said work, nor any part thereof has earlier been submitted to any University or institution for the award of any degree or diploma.

Date: 30th JULY, 2018




I have received help and encouragement from my parents and number of people in completing this report and would like to take this opportunity to thank them all.

It is my proud privilege to express my sincere gratitude to Advocate Raj Kumar Nagar under whose shadow and guidance I have successfully completed my internship. Mr.Kailash Jangeer and Mr.Harish Jamil under whose scholarly guidance the present report has been completed. I am also thankful to the entire law faculty for inspiring guidance, supervision, expert suggestion & encouragement which helped me to tide over the hardship encountered during study.




S No.


Page No.








Certificate of Internship


Daily Work - Observing the Proceedings


Drafted Document







DAY 1 : 2nd JULY 2018, MONDAY Pawan kumar v delhi institute of trauma Today I visited the court for the first time in DISTRICT CONSUMER REDRESSEL FORUM ,tehsil building,Tis Hazari court complex.we were from the plaintiff side and the plaintiff had not appeared and thus I on sirs behalf seek adjournment for the next date.

DAY 2 : 3rd JULY 2018, TUESDAY Visit to Tis Hazari Court for the first time. The interns accompanied the associates to Tis Hazari. We observed the structure of the court. It consists of 56 courts and various branches like the Delhi Legal Aid Services (DLAS) office, Mediation Centre (3RD floor), the Nazarat Branch (1st floor) that is the Process Serving Agency and is primarily responsible for the delivery / execution of various processes issued by the courts at the Tis Hazari and receiving processes from other districts/ states, the Civil Record Room and Criminal Record Room and the Copying Agency (3rd floor) among others. We also managed to meet a Naib Court and enquire about his duties and functions. He is a police employee and serves as a link between the court and the police. He described himself as a “daak – peon” or some sort of a postman – cumpeon and explained that he takes the court summons / notice to the police station under whose jurisdiction the accused / witness resides and brings the copy of the FIR and the other documents from the police station to the court. Therefore, he acts as a very important intermediary in the issue of process in criminal cases.


DAY 3 : 4th JULY 2018, WEDNESDAY We reached Tis Hazari the next day. We first had to go to the courtroom of a Session’s Judge to see if a witness in one of Mr. Cases was present. The room was crowded and asking around was futile. We were then informed by another advocate present that we could gather our information by looking at the Naib Court’s diary. He is supposed to maintain the record of every witness’ appearance or nonappearance and has to call out witnesses who are present to take the stand before the judge. We then proceeded to obtain a certified copy of a divorce decree. To do so, one has to fill a ‘Civil Certified Copy Form’, got it signed by the Advocate and party concerned, pay the fees requisite and submit it at the determined counter at the Facilitation Centre on the ground floor. A certified copy signifies that it is the true copy of the concerned document as is present in the record of the court. It has to be specified if the application is ordinary or urgent. The application also has to state whether the copy is required for private use or otherwise since the fee for the latter is higher.

DAY 4 : 5th JULY 2018, THURSDAY R.N. MARDA V TPDDL INSTITUTE Today we visited district Consumer Redressed Forum, Tehsil Building, Shalimar Bagh. We were from the plaintiff side but plaintiff did notappeared and thus I on behalf of sir ask adjournment.


DAY 5 : 6th JULY 2018, FRIDAY MAMTA JOSHI V RAM KALI & OTHERS Today the matter was under section14 (1) (e) read with section 25B of Delhi Rent Control Act for the eviction of the rented premises. The matter was under discussion .Next date was given.

DAY 6 : 7th JULY 2018, SATURDAY Since today was Saturday the day was spent at the office by going through the files. We were also given vakalatnama. Its format is quite similar to that of a power of attorney.

DAY 7 : 9th JULY 2018, MONDAY We reached Tis Hazari around lunch to obtain further information, this time regarding the issue of process. The Alhmed at the courtroom of the same Sessions Judge as the previous day. He told us that the procedure for issue of process is markedly different in civil and criminal cases. In civil cases, a Process Fee (PF) is to be paid for the issue of process to defendants, witnesses or any other person required to be presented in the court by the party who wants to summon the other party witness. It is also called Fard Talwana. Such a party is required to fill PF form. The situation is different in criminal trial. The PF has to be paid only in noncognizable cases. The Alhmed maintains a diary of PF in all cases (civil & criminal) except those of cognizable offences. In such matters, the police are tasked with delivering the summons to the accused or witnesses.


Simultaneously, the Alhmed has to send the investigating officer of a case a notice to appear before the court. Some helpful advocates also showed us the ‘Facilitation Centre’ where forms to obtain certified copies of court documents are submitted and copies collected. The Filing Counter is also located in the vicinity of the Facilitation Centre.

DAY 8 : 10th JULY 2018, TUESDAY Visit to the court of Mr. Rakesh Kumar, Metropolitan Magistrate, Tis Hazari in the matter of North Delhi Municipal Corporation v. Chandan Singh. A challan was issued by officials of the corporation to Mr. Chandan Singh on finding standing water breeding mosquitoes on his property. The challan was issued in accordance with byelaws 3, 8, and 11 of the Delhi Municipal Corporation (Malaria and other Mosquito Borne Disease) Byelaw, 1975. The corporation could not adduce any evidence to back up its case and Mr. Singh had to be let off without any penalty. The judge criticized the shoddy investigation of the concerned authorities. We then reached the court of Dr. T.R. Naval, District and Session Judge, Karkardooma Court and watched proceedings in Ashwini Kumar Aggarwal v. The Commissioner which was a suit for recovery of Rs. 4, 09,174 /with an interest of 24% per annum. The defendant had failed to pay the plaintiff contract for his services. The judge decided the matter against the defendant but adjourned the hearing over rate of interest.


DAY 9 : 11th JULY 2018, WEDNESDAY Visit to Tis Hazari Court. The interns could barely watch the proceedings as the court was crowded and the small courtrooms were not spacious enough to accommodate everyone. In addition, the interns are usually mainly tasked with transporting files from one court room to another. 1. We had to wait till lunch time to gain some useful information. Once the









court/policeman/peon was helpful and eager to guide law students who would very soon join the fraternity. We first contacted the Alhmed in the court of a Sessions Judge and asked him to give us an overview of his functions. The Alhmed ensures that all case files are kept in an almirah kept behind him, except those fixed for the day or which are being inspected or in which compliance of some orders, including issue of processes is to be made. An Alhmed is therefore responsible for the safe custody of records. We had a number of questions that were left unanswered because the Alhmed had to arrange files for the post lunch session. 2. After that day spent at the office going through numerous case files. Saw the manner in which documents are arranged – 1. Urgent Application 2. Memo of Parties 3. Court Fee 4. Plaint 5. Interim Application 6. Application for Exemption for filing of the Original Documents 7. List of Documents 8. Vakaltnama our associates asked us to prepare a list of Dates and the list if witnesses by the plaintiff. The latter has four columns1. S.No. 2. Full name and complete address 3. Facts caught to be proved by the evidence of witnesses. 4. Documents sought to be proved by the Evidence of witness.


DAY 10 : 12th JULY 2018, THURSDAY We visited the Tis Hazari Court to observe arguments the matter of Mira Kulkarni v. Rajiv Choudharie. The suit property was owned by Ms. Kulkrani and her sister. The defendant was a builder in Delhi unbeknownst to her sister; Ms. Kulkarni promised to sell the entire property to the builder and received a token amount of Rs. 2 crore from him. He gave her papers which were blank otherwise but only contained his signatures so that the plaintiff could fill in the terms of the agreement to sell to suit her convenience. However, she failed to convince her sister to sell her share in the property. But it was not the builder who filed the suit. The plaintiff claimed that she was willing to return the money and the builder was refusing to accept it solely to harass her and extort money that he had paid to her. On being acquainted with the facts, even the Hon’ble judges remarked that the plaintiff’s behaviour in accepting blank documents was peculiar and that she should have sensed that something was amiss. The matter was then adjourned and listed for May 2017.

DAY 11 : 13th JULY 2018, FRIDAY In another case listed at Tis Hazari Court the matter was put up for final arguments. The case had been pending since 12 years. The case relates to an accident by a truck which collided with two cars at a red light and the occupants of the cars were injured. I observed that virtually no opportunity is given to the public prosecutors to raise final arguments in petty offense cases. The judge listed the matter to a later date for pronouncement of the judgement and asked us to get bail bonds on that date irrespective of whether the accused would be acquitted or convicted. This was required to ensure the presence of the accused in case the State files an appeal and the appellate court reverses


the judgement of the trial court. I was asked to check if the certified copies for which we had applied are available or not. When I went to the concerned persons (the copying section of the court, Alhmed Court, Reader of the Judge), I got to know that the orders were still not ready despite the fact that a period longer than stipulated time had lapsed. This was an impediment to further recourse which had to be taken in the case, as the certified copy was urgently required, but was not available because of the official delay.

DAY 12 : 14th JULY 2018, SATURDAY We visited Tis Hazari the first case was listed before the Administrative Civil Judge and was related to an inheritance suit and a subsequent will probate suit. An application under Section 10, C.P.C. was filed to stay the subsequent suit since the matter was subjudice. The judge allowed our application and stayed the suit.I got to know that the matters which are listed before the ACJ relate to Will, Probate, Letters of Administration, etc. The next case was related to the tort of malicious prosecution filed against few Delhi Police personnel. Neither the plaintiff nor the counsel for the plaintiff was present and only the plaintiff’s father was present to seek an adjournment in the matter by requesting us to do it instead. The court after perusal of the previous record of the case found out that the plaintiff had been seeking adjournments for one or the other reason and is taking the case in lack adaisical manner by not appearing before it. The court decided to impose a cost of Rs. 3000 to be paid to


each of the defendants. However, on realising that there are 4 defendants in this case and the cost would be a burden on the plaintiff, the cost was reduced to half. After that we visited the courtroom of a Session Judge to see if a witness in one of Cases was present. The room was crowded and asking around was futile. We were then informed by another advocate present that we could gather our information by looking at the Naib Court’s diary. He is supposed to maintain the record of every witnesses appearance or nonappearance and has to call out witnesses who are present to take the stand before the judge. We then proceeded to obtain a certified copy of a divorce decree to do so, one has to fill a ‘Civil Certified Copy Form’, get it signed by the Advocate and party concerned, pay the fees requisite and submit it at the determined counter at the Facilitation Centre on the ground floor. A certified copy signifies that it is the true copy of the concerned document, as is present in the record of the court. It has to be specified if the application is ordinary or urgent. The application also has to state whether the copy is required for private use or otherwise since the fee for the latter is higher.

DAY 13 : 16th JULY 2018, MONDAY This time we visited to the Karkardooma Court. The Metropolitan Magistrate there was Ms. Nabeela Wali. We observed the proceedings in the matter of M/S Asian Tex Export v. M/S Studio H. The trial was based on a complaint registered under section 138, read with section 147 and section 142, of The Negotiable Instruments Act 1881. The latter was the accused maker of 5 dishonoured cheques. Since the accused failed to appear before the court despite repeated summons, the Metropolitan Magistrate issued a bailable warrant against the representative of the accused partnership firm. We then


moved to the court of Mr. Anurag Saini, Additional District Judge, Karkardooma. The matter was titled GK Saxena v. DK Saxena, and was a suit for possession, permanent injunction and recovery of manse profits. The plaintiff, who is the father of the defendant, claimed that the property under the defendant’s possession was rightfully his. The plaintiff had enlisted his sister as a witness and she appeared on this date for cross examination. During cross examination, she admitted that the flat in question was not her father’s self-acquired property but was coparcenary in nature. Therefore, her brother could not be disentitled.

DAY 14 : 17th JULY 2018, TUESDAY STATE V MANORANJAN DESAI The matter was under section 420ipc which says cheating &dishonestly inducing property. The magistrate was on leave and thus the reader was giving the next date.

DAY 15 : 18th JULY 2018, WEDNESDAY Did not visit the court but worked with the office itself. We were tasked with drafting a plaint for defamation under section 500, Indian Penal Code, 1860 in the matter of LT. COL. HARJOT SINGH PELIA v. SHILPI ROY & ANR. The drafted plaint in its final form is attached in Part B of this project.


DAY 16 : 19th JULY 2018, THURSDAY SMT. SWEETY V SHRI JOGINDER SINGH The matter was under section 406 punishment for criminal breach of trust . The complainant also had another matter for divorce going against them.

DAY 17 : 20th JULY 2018, FRIDAY Visit to the court of Ms. Manika, Metropolitan Magistrate (Mahila Court) at Tis Hazari. The complainant was the wife of accused. She alleged regular beatings after the accused consumed alcohol. The court ordered the police to investigate the matter further and the hearing was adjourned. The next hearing we witnessed was in the court of Mr. Hem Raj Additional Civil Judge, Tis Hazari in Arushi v. The State and Ors. The case related to an application for succession certificate under Section 372 of The Indian Succession Act, 1925. She was a class I heir but her legitimacy was being challenged by the deceased’s brothers and sisters, who were class II heirs. Observed the final arguments of both parties. The court held that there were no impediments to the granting of a succession certificate to the applicant. Went through the application filed by the applicant. It was riddled with errors, something which evens the court noted. It is unfortunate that despite paying astronomical sums, litigants do not often receive quality legal service from counsels.


In the court of Sh. Hem Raj, Additional Civil Judge, Tis Hazari Court, DELHI

ARUSHI v. THE STATE AND ORS. Date: 16.02.2018 Petition filed by the Ms. Arushi, aged about 28 years under Section372 of Indian Succession Act on 26.08.2015. In this case petitioner Ms. Arushi is the daughter of Late Sh. Dinesh Kumar Sharma. In the matter of grant of succession certificate of the debts securities etc. of the deceased Sh. Dinesh Kumar Sharma under Section372 of Indian Succession Act.

FACTS: It is submitted that deceased Sh. Dinesh Kumar Sharma died on 23.07.2004 at AIIMS and petitioner is the only daughter of her deceased father and comes under the category of Class I legal heirs. Also respondent no.2 to 5 are the brothers and sisters of the deceased and comes under the category of class II legal heirs. No impediments in the grant of succession certificate in favour of the petitioner by the other legal heirs i.e. respondent no.2 to 5. Plaintiff has demanded partition in the property Bearing No.57D, kamla Nagar and the funds of her father. It is submitted that plaintiff born out of the wedlock of Dinesh and Rukmani Sharma, also they have divorced by way mutual consent. Hence she is the lawful legal heir of deceased. Respondent no.7 superintendent from Bara Hindu Rao Hospital acknowledges and agrees that deceased was their employee and all the service benefits of late Dinesh Kumar Sharma, Ex ward boy have already been released in favour of Smt. Shankuntla Sharma, mother of deceased in year 2005 and 2008 in accordance of nomination form 15

filled by deceased during his lifetime and as such petition for grant of succession certificate cannot be filled at such belated stage. As per the records of hospital, Sh. Dinesh Kumar Sharma was unmarried and he had nominated his mother for his provident fund and other terminal benefits and as such the present petition is not maintainable and is liable to be dismissed. On 16.02.2018 the case is for the final arguments. Both parties submitted their arguments before the court and plaintiff pleaded for granting succession certificate and her share in the name of her father. Next date given for the purpose of order on 23.02.2018.

DAY 18 : 21st JULY 2018, SATURDAY Visit to the court of Ms. Ekta Gauba, Additional Rent Controller, Tis Hazari in the matter of Mrs. Vimla Saraswat v. Mrs. Sushila Devi. The petitioner had moved an application for eviction of the tenant under section 14(1) (b) of the Delhi Rent Control Act, 1958 on the ground that the tenant had sublet the premises. The petitioner was supposed to be cross examined but this could not happen due to the paucity of time. We proceeded to the court of Mr. Harun Pratap Civil Judge, Tis Hazari for the matter of Delhi Bar Association v. PWD. This is a suit for permanent injunction. The plaintiff claimed that the land in question, that was being used as a parking lot, would be used by the defendant to construct statute of Maharaj Agrasen, thereby affecting public interest. The case was adjourned without any arguments being presented.


In the court of Ms. EktaGauba, Additional Rent Controller, Tis Hazari Courts, DELHI. SMT. VIMLA SARASWAT v. SMT. SUSHILA DEVI (Suit no: 79567/18) Date: 17.02.2018 In this case eviction petition is filed on 19.10.14 by petitioner Smt. Vimla Saraswat w/o Sh.Chander Mohan Saraswat against the Smt. Sushila Devi. Application for eviction of tenant under Section14 (1) (b) of Delhi Rent Control Act, 1958 made by petitioner in which it is submitted that the property addressed as 20/61, Shakti Nagar, Delhi110007 is a shop located in nonresidential premises and respondent has sublet the premises and now 3 other persons are working in the shop.

FACTS: In this case the submitted grounds for eviction includes that petitioner is the owner of the tenanted shop. The property was owned by father of petitioner Shri Kanhahiya Lal who died on 20.08.1922 of shop in question fall into the share of the petitioner along with other portion of the property. Shop was given on rent to the respondent and at the time of inspection in May there were 2 or 3 persons other than Raghubir were running the shop and when 17

the inspector asked them their names they told that their name are Imran Khan and Rajesh also on further enquiry they admitted that they are inducted tenants in the shop. Petitioner in this case prayed that eviction may kindly be passed in the favour of the petitioner and against the respondent with respect to the shop in question. Eviction petition filed under Section14 (1) (e) read with Section25 (B) of Delhi Rent Control Act, 1958 but respondent submits that it has to be under Section14 (1) (b) of DRC Act. It was submitted by the respondent in earlier proceedings that petitioner is abusing the law and petition filed with ulterior motives to harass the respondent who is an old widow lady, she has never sublet or assign with the possession of the suit property to any person at any point of time and shop is in exclusive control of the respondent only who is running barber shop there also it was agreed that 2 persons working in the shop are employed by the respondent and they work for her only and are not having any possession on the property, hence the petition is liable to be dismissed. Presently respondent is paying current rent rate 300/per month exclusive of electricity charges initially rent rate used to be 35/per month exclusive of electricity charges. Today, on 17.02.2017 the matter is for the cross evidence of the petitioner. Petitioner and respondent both are present with their counsels but due to the shortage of time and court staff the matter adjourned for next date i.e. 24.03.2018.

DAY 19 : 23nd JULY 2017, MONDAY Did not visit the court but worked with the office only. We were tasked with drafting an application under Sec 151 of Code of Civil Procedure, 1908 in the matter of MANOJ KUMAR ARYA v. LALIT SHARMA. The drafted application in its final form is attached in Part B of this project. 18

DAY 20 : 24th JULY 2018, TUESDAY Since it was a Saturday, the day was spent at the office, going through voluminous files. In one such case, we noticed that Mr. Had filed an application for the appointment of a local commissioner under Order XXVI Rule 9 of the Code of Civil Procedure 1908. The matter was titled Mira Kulkarni v. M/S Rajiv Choudharie (HUF) & Anr. Order XXVI Rule 9 has to be read with section 75 of Code of Civil Procedure 1908. The associates informed us that they wanted a Local Commissioner to be appointed for inspection of the dispute portion of the land and to evaluate the property. He has to then submit a report on the basis of which further proceedings take place. The Local Commissioner is not a judge and cannot adjudicate on a dispute. We researched and found a case, namely Haryana Waqf Board v. Shanti Sarup (2008) 8 SCC 671 where it was held by the apex court that a Local Commissioner could be appointed for clarifying the physical features of the suit property even in a suit for perpetual injunction and not just cases of partition. Sir cited this to us and asked us to look for more precedents.

DAY 21 : 25st JULY 2018, WEDNESDAY We were asked to work from the office and look at files with transcripts of the examination in chief and cross examination. We noted that on account of an amendment to Order 18 Rule 4 of CPC, the only mode of examination in chief is through filing affidavits that are titled ‘Affidavit in lieu of examination in chief. Such an affidavit also has to be filed after the cross examination of witnesses. However, it is only in the case of chief examination that courts are denied the


opportunity to appreciate and assess the demeanour of witnesses since it is not conducted in their presence. But the court can do so during cross examination and re-examination. Also clarified that the important task of examining and cross examining witnesses could not be delegated to Local Commissioners, who just have to record evidence. The courts justifiably and robustly retain such aspects of the trial exclusively for themselves. Also, appointment of a Local Commissioner is not a matter of routine. Faith in the judicial adjudicatory process is affirmed and enhanced when litigants observe the conclusion of proceedings in the court and return with the impression that a fair and equitable procedure had been adopted.

DAY 22 : 26nd JULY 2018, THURSDAY At the office, the interns were told to come for client counselling in a divorce case. The woman/wife had decided to file for divorce. She did not allege any cruelty or other matrimonial faults for seeking divorcee but explained that she wished to end her marriage due to issues of compatibility. She claimed that she had lived with her husband for only two out of the five years for which they were married. Since she was not accusing her spouse of any fault, told us that we would have to look beyond the ambit of the Hindu Marriage Act, 1955, and research on judicial precedents for divorce on grounds of irretrievable break down of marriage. We found a handful of cases on the above mentioned point of law, namely Anil Kumar Jain v. Maya Jain, Ashok Hurra v. Rupa Hurra, Chandrakala Menon v. Vipin Menon and Samar Ghosh v. Jaya Ghosh wherein the Supreme Court, in exercise of its power Under Article 142 of the Constitution granted decree of divorce on account of irretrievable breakdown in order to meet the ends of justice. But in each of these judgements, it reiterated that this


extraordinary power in not available to the High Court and must be resorted to only in exceptional circumstances.

DAY 23 : 27rd JULY 2018, FRIDAY Helped the associate’s research case law on cases of dowry death. Was giving legal advice to the parents of the deceased wife. The accused husband had been convicted under section 304B of the Indian Penal Code but was seeking to get his offence compounded if the deceased wife’s family members agreed to it. Fortunately, we located a judgement with facts very similar to those that had been given to us in Narayani Gautam & Ors. v. State. It was a decision of the Delhi High Court from November 5, 2009. The accused had filed an application for quashing of the FIR against him under section 482 of the Code of Criminal Procedure 1973 (inherent powers of the High Court) due to compounding of certain offences does not come in the way of the HC quashing an FIR / Criminal complaint. But the nature of the offence alleged to have been committed must be kept in mind. Since dowry death is a heinous social evil, a compromise will only embolden the perpetrators of such crimes. Thus, the judges wisely decided against such compounding. The interns were asked to help the associates gather case law for arguments before the National Consumer Dispute Redressal Commission. The facts of the case were that the complainant had filed a complaint against the manufacturer of a BMW as well as its retailer for an inherent manufacturing defect. The State Commission had held the Opposite Parties liable to pay compensation for the defect. However, a dispute had arisen about who between the two parties would shell out the compensation. The answer to this issue was found in the apex court judgement of Hindustan Motors Ltd. v. Shiva Kumar (2000) 10 SCC 654. The judgement was applied 21

in the National Commission’s Order in the matter of Ess Pee Automotive Ltd. v. SPN Singh (decided on 12.12.2014) therefore, as per precedent, it is established that for manufacturing defects in the vehicle, the dealer could not be held liable. The warranty of the vehicle is provided by the manufacturer and the defects quoted by the complainant were directly remitted to the warranty policy given by the manufacturers who failed to rectify the defect. Hence the position was clear in law.

DAY 24 : 28th JULY 2018, SATURDAY Today was the last day of my internship with not much of work left for this day. I followed Sir to the Court where the matter titled P.S. Gill v. Union of India was listed. The case was concerned with corruption. I finished synopsis of the case files I was reading during the week. After finishing the synopsis, sir called me and presented me my certificate of internship. He asked me about my experience working under him to which I felt grateful. After this, I received a certificate from, thereby wrapping up a wonderful experience and I had a wonderful month of learning and observing things in the court.










That the Plaintiff is serving in the Corps of Electronics & Mechanical Engineers of the Indian Army as an Lieutenant Colonel in his present posting. He enjoys a reputation of unblemished integrity and honest throughout his professional career till date. In recognition of his services to the Country the Plaintiff was awarded a special commendation from the Chief of Army Staff in the year 2014. It will not be out of place to mention here that considering ability and integrity, the Plaintiff is due to appear for the promotion board shortly.


That the Defendant No. 1 is well acquainted with the Petitioner through common friends since 2003 as the wife of Defendant No. 2 (Lt. Col Aveek Dey) who was also enrolled with the Petitioner during Degree Engineering Course. It is a matter of fact that since the inception of marriage between Defendant No. 1 and Defendant No. 2 there were frequent fights which often lead to physical abuse as well.


It was during this difficult period in the life of Defendant No. 1 that the Petitioner along with his wife sympathized with Defendant No. 1’s difficulty. However, the frequent fights led to divorce between the two Defendants. It was during this time that the Petitioner under the instruction and company of his wife decided to provide mental and moral support to Defendant No. 1. 3.

That during this period the Defendant No. 1 had approached the Petitioner and his wife to help the Defendant No. 1 financially. In view of the fact that the Defendant No. 1 being a single mother with a young child, the Petitioner’s wife never shirked from her duty as a friend and provided her immense emotional and moral strength after the said divorce. During this period, the Defendant No. 1 had urged Petitioner’s wife to accompany her to several places under various personal grounds but due to prior commitments had requested her husband i.e. the Petitioner to accompany the Defendant No. 1,who in good faith and as a sincere sympathiser agreed to accompany the said Defendant only pursuant to his wife’s instruction. It is without saying during all this while, the Petitioner was absolutely unaware of the Defendants sinister plans to defame and malign the reputation of the Petitioner.


That the Defendant No. 1 under a figment of her imagination took up a fancy for the Petitioner and made it known to the Petitioner that she wanted to marry him which could be accomplished only if the Petitioner divorced his legally wedded wife.


That the Petitioner was shocked at such treaties and unacceptable exhortations by Defendant No. 1, to which the Petitioner raised serious objection and refused to any of the frivolous demands made


by the Defendants. On such refusal and objection, the Defendants threatened the Petitioner with dire consequence and threatened to ruin and damage his reputation by implicating his name in sexual harassment case. The Defendant No. 1 also made an illegal demand of Rs. 20, 00, 000/ (Rupees Twenty Lakhs) from the Plaintiff. 6.

That under these circumstances, the Petitioner and his wife discontinued any social contact or interactions to protect their family and their marriage. It is apparent that the Defendant No. 1 post this incident was determined to hurt, and harm the public image and reputation of the Petitioner as well as his professional career.


That sometime in the first week of February, 2017 the Defendant No. 1 along with her Husband Lt. Col Aveek Dey i.e. Defendant No. 2, circulated an audio recording on social media and Whatsapp to the Petitioner’s colleague and common friends containing certain disparaging and damaging statements against the Petitioner. It will not be out of place to mention here that this was never accidental but an evil conspiracy to lower the Petitioner’s prestige. A true copy of the recordings has been annexed herewith as Annexure 1.


That it is a matter of fact that even after the purported divorce the Defendant No. 1 has been in constant touch with her former husband i.e. Defendant No. 2and hence, have been plotting schemes to malign the Petitioner and create impediments in his professional and personal life.


That the said audio recording was circulated to extract money from the Petitioner as both the Defendant No. 1 and Defendant No. 2 are aware of the Petitioner’s social setup. The Defendant No. 1 had also


made such defamatory speech public amongst his colleagues and friends knowing very well that the Petitioner is due for promotion. 10. That it will not be out of place to mention here that the Defendants’ sinister conspiracy endeavoured to lower the Petitioner’s prestige in the eyes of the colleagues and friends in the Indian Army and neighbourhood by falsely projecting him as a man of poor character and have given all members of society/community an opportunity to raise an eye/ object on the Petitioner’s reputation and public image. Thus the acts of the Defendants have caused the Petitioner’s character assassination and said false statements have tarnished the good name of the Petitioner. 11. That it seems that the Defendants deliberately and knowingly with a malafide intention to attack/tarnish the image of the Plaintiff made the said frivolous and vexatious recordings circulated publically with some ulterior motive and malice while knowing it to be false. 12. That








allegations/imputation and gestures in public only with an intent to defame the Petitioner and hurt his integrity therein causing great mental, social, spiritual, and professional loss to the Petitioner for which the Defendants are responsible and liable to pay damages to the Plaintiff. 13. That for the reasons disclosed above and for the words, representations, imputations and gestures made and imputed/gestures by both the Defendants in public, they are responsible for hurting, blackmailing and harming the Petitioner’s reputation. Thus, the Defendants are liable to be prosecuted and punished for the offence of defamation with imminent legal action.


14. The persistent conduct of the defendant in the past allows the reasonable apprehension that they shall continue dispatching tarnishing messages to all and sundry to humiliate and bring further odium to the plaintiff. It is in these circumstances that the urgent intervention of this Hon’ble Court is implored. 15. That the cause of action arose on 16.01.2018 when the Defendant No. 1 proposed the Plaintiff for marriage. The cause of action arose in February, 2017 when the defendants circulated audio recordings on Whatsapp to the Petitioner’s colleague and common friends containing certain disparaging and damaging statements against the Petitioner thereby causing immense damage to the reputation and goodwill of the plaintiffs and lowered their image in the eyes of the recipients of the impugned email and numerous others. The cause of action further arose on demanding payment of Rs. 20, 00, 000/ (Rupees Twenty Lakhs) from the plaintiff with the intention to extort money from the Plaintiff. The cause of action thus is continuing and subsisting. 16. That for the purpose of pecuniary jurisdiction and / or relief of damages the Suit is valued at Rs. 20,00,100/ (Rupees Twenty Lacs One Hundred Only), on which the advalorem court fees of Rs. 80,004/ (Eighty Thousand Four Only)is affixed. For the relief of permanent injunction the relief is valued at Rs.5000/on which the court fees of Rs. 500/is affixed. Thus, a total court fee of Rs. 83000/ (Rupees Eighty Three Thousand Only) has been affixed. This Hon’ble Court has the pecuniary jurisdiction to try and adjudicate the present plaint. Any further court fees payable in respect of any punitive damages awarded shall be paid as required.


17. That the Plaintiff and the Defendants have a place of permanent residence in New Delhi. The plaintiffs and a number of the other recipients of the impugned audio recordings dated February, 2018 are located in Delhi, thus the reputation and goodwill of the plaintiff is, amongst other places, severely affected in Delhi. The Plaintiff and the Defendants both have their place of work in Delhi. A significant part of the cause of action has arisen in Delhi. Hence, this Hon’ble Court has the territorial jurisdiction to entertain the present Suit. 18. That the suit is within the period of limitation as provided for by the Limitation Act. That no other or similar proceeding is filed or pending before any other Court and the Plaintiff have no efficacious remedy but the instant Suit. The Plaintiff reserves the right to present such additional facts, documents and grounds as may come to their knowledge or possession hereafter. 19. That the instant petition is in the interest of justice and bona fide.

PRAYER NOW WHEREFORE IN THE FACTS AND CIRCUMSTANCES OF THECASE, THISHON’BLE COURT MAY BE PLEASED TO:a) Pass an order directing the Defendants to publish an unconditional apology in any two of the National Daily Newspapers both in Delhi and Kolkata; b) Pass an order directing the Defendants to give an unconditional apology through social media by circulating the said message on Whatsapp, Facebook and any other social media site to the Petitioner, his colleague and common friends;


c) Pass a decree/ order/ direction thereby awarding damages of Rs. 4, 00, 000/ (Rupees Four Lakhs) against the defendant in favour of the Plaintiff towards loss of reputation and goodwill and donate the same to the Bangla Sahib Gurudwara, Connaught Place for the obnoxious acts done by the Defendants; d) Pass a decree / order / direction thereby awarding punitive damages against the defendant in favour of the plaintiffs as deemed fit by this Hon’ble Court, and / or; e) Cost of the suit be awarded to the Plaintiff, and / or; f) Any other relief that this Hon’ble Court deems fit in the facts and circumstances of the case, in favour of the Plaintiff and against the Defendant/s. PLAINTIFF VERIFICATION:

It is verified at ……….. on this the ……. day of …………, 2018 that the contents of paragraphs ………….to ………….of the plaint are true and correct to the best of our knowledge as well as based on information derived from the records of the Plaintiff maintained in the ordinary course of business and what is stated in paragraphs …… to …… based upon information received and believed to be true by us. Paragraph ….is the prayer to this Hon’ble Court. PLAINTIFF DELHI FILED THROUGH DATED:…………………… (COUNSEL FOR PLAINTIFF)











1. That the above noted Complaint is pending before this Hon’ble Court and is fixed for hearing in June, 2018. 2. That the next date of hearing has been fixed for after six months from the last date of hearing. The last date of hearing was on 19.11.2016 and the next date of hearing is on 21.08.2018.


3. That the Accused had taken a friendly loan of Rs.10, 00, 000 (Ten Lakh Rupees) from the Complainant in the month of April, 2015 and same has not been returned till date. The accused issued a Cheque No. 010924 dated 18.01.2016 for Rs. 10,00, 000 which was drawn on Allahabad Bank, IFSC Code – ALA0212145, Branch– Green Park, New Delhi – 110016 in order to discharge his liability. However, on presenting the said cheque with Complainant’s bankers Indian Overseas Bank, Sector 12, R. K. Puram, on 18.01.2016 and 28.01.2016, the cheques was returned as dishonoured with the remark “Funds Insufficient” vide cheque return memo dated 20.01.2016 and 30.01.2016 respectively. 4. That the Accused deliberately did not keep the account adequately funded upon which the Cheque were drawn. 5. That the Complainant is in dire need of money for his personal reasons. Also, it has been more than a year that the Complainant’s sum of Rs.10, 00, 000 is blocked. 6. That if an early hearing to the above noted Complaint is not provided then the Complainant will suffer an irreparable loss and injury. PRAYER

In view of the above, it is most humbly prayed that the captioned matter may very graciously be fixed at the earliest, for adjudication in the interest of justice. Any other relief which this Honourable Court deems fit and appropriate in the facts and circumstances of the case may also be granted in favour of the Applicant. APPLICANT THROUGH New Delhi___________


Date: (Counsel for the Applicant)


It is verified at New Delhi on this the ____ day of August 2018 that the contents of paragraphs 1 to 6 of the application are true and correct to the best of my knowledge and believed to be true by me. Last paragraph of the application is the prayer to this Hon’ble Court.







I, Manoj Kumar Arya, aged about 36 years, S/o Omendra Pal Singh, R/o Flat No. 67, Sector12, R.K. Puram, New Delhi – 110022, do hereby solemnly affirm and declare asunder: 1. That I am the complainant in the above noted case and is well conversant with the facts and circumstances of the case and is competent to swear this affidavit. 2. That the accompanying application to the above complaint, has been drafted by the counsel under my instructions and the contents of the same are true and correct to my knowledge and belief. The contents of the said application may be read as part and parcel of this affidavit as the same are not being repeated herein for the sake of brevity.


Verified at New Delhi on this _____ day of February, 2018 that the contents of the affidavit are true and correct to my knowledge and belief no part of it is false and nothing has been concealed therefrom. DEPONENT



During this internship, gaining practical experience was far more different than gaining knowledge. By observing the court proceedings daily my faith in Indian judiciary has levelled up. It is observed that there is a legal procedure adopted by the litigants and lawyer who came to the courts seeking justice for their disputes arising due to different causes between the parties. The procedure is initiated by filing the petition through the registry branch, thereafter the case is allotted to the respective court for further legal proceedings. It is also observed that the litigants have strong faith in Judicial System of India and they come to the court expecting that the will get justice from the legal system followed in the court of law. However it is also felt that sometimes this is stirred due to some unwarranted situation but they continue to have the roots of their faith unshaken. It is because if the litigants are not satisfied with the judgement given by the District Court then they have open option of filing the appeal in higher courts i.e. High Court and Supreme Court to get the verdict of these esteemed courts. In the present scenario of modern technology our legal system have also adopted the technical methods for moderating the functioning of legal proceedings through feeling, stamping and register etc., this modernization of legal system has not only made the system transparent and easy for the public but also provides a smooth approach to the all stakeholders in judiciary. There is also a provision of mediation cell in each court to sought out the pity issues of litigants through their counselling and providing friendly atmosphere to resolve their issues without indulging into the lengthy proceedings, this provision not only save the precious time of court but also saves the money and social relation of the litigants.


While having the aforesaid observation I have gained the practical knowledge of legal practice as well as acquired the skills of drafting petition and filing the same before the court and also cultivated a confidence within myself to appear in the honourable courts and familiarized myself with the proceeding including obtaining certified copies, succession certificate, probate certificate, during my internship.


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