MS RAMAIAH COLLEGE OF LAW
DLSA RURAL INTERNSHIP REPORT
Internship at- District Legal Services Authority Time
Period - 3 Weeks (21 days)
Duration- 20/04/2024 - 10/05/2024
Timings- 10:30 - 4:00
Submitted by:
[Link]
42321231048
BALLB 3RD YEAR
RAMAIAH COLLEGE OF LAW
(April-May 2024)
INTRODUCTION:
This summer internship has given me valuable insights into legal aids
and services, along with diverse knowledge from various lawyers. I
have learned about their schemes, rules, and regulations, all geared
towards achieving "Access to Justice for All." This initiative stands out
for its focus on enhancing the skills of all staff members, including
interns like me. The internship not only provided practical knowledge
in legal services but also offered essential guidance from the District
Legal Services Authority (DLSA) throughout my tenure. It serves as a
significant platform for law students, enabling us to apply our
knowledge, skills, and experiences in real-world scenarios and take
proactive steps to assist marginalised sections of society. The
firsthand experiences gained during this internship are invaluable,
shaping my professional journey and equipping me with practical
insights early in my academic career.
INTERNSHIP DURATION:
April and May
About DLSA RURAL:
The District Legal Services Authority Rural offers no cost and
proficient legal assistance to financially disadvantaged individuals
who cannot afford legal expenses for court proceedings. This service
primarily targets economically vulnerable groups, ensuring that
everyone has access to their right to justice. It caters to people with
disabilities, those from socially and economically backward
communities, and individuals facing various social or economic
challenges.
Commercial Court Visit
This DLSA rural office is located in City Civil Court Complex. I was
asked to report to the office at sharp 10:30am to complete the
formalities and signed the register of first day.
After the formalities we have visited Commercial Court to visit the
dealings of various cases.
CASE: Sunvik Steels Private Limited v. Shridhara K Shetty
Background of the Case:
- The plaintiff, who is in the business of manufacturing and selling
steel, had a business relationship with the defendant, who runs
'Beedu Hardware.'
- The defendant purchased steel from the plaintiff worth
Rs.63,76,647 during the financial year 2022-23.
- However, the defendant only paid Rs.59,64,000, leaving an
outstanding balance of Rs.4,12,647.
Legal Proceedings:
- The plaintiff, seeking to recover the unpaid amount, filed a lawsuit
against the defendant.
- The plaintiff also claimed interest at the rate of 24% per annum
on the unpaid balance.
Defendant's Response:
- Despite receiving legal notices and facing legal proceedings, the
defendant did not appear in court or contest the plaintiff's claims.
- This means the defendant did not challenge or dispute the
invoices, legal notices, or the testimony of the plaintiff's witness
(PW1).
Court Decision:
- Since the defendant did not contest the case, the court examined
the evidence presented by the plaintiff.
- The court found that the defendant indeed purchased steel from
the plaintiff and was liable to pay the outstanding amount of
Rs.4,12,647.
- However, the court considered the interest rate of 24% per
annum claimed by the plaintiff to be quite high.
- As a result, the court reduced the future interest rate on the
unpaid amount to 12% per annum, which is a more reasonable rate.
Judgment and Decree:
- The court issued a decree in favour of the plaintiff, ordering the
defendant to pay Rs.4,12,647 along with future interest at 12% per
annum.
- Additionally, the court awarded the costs of the legal proceedings
to the plaintiff, covering the expenses incurred during the lawsuit.
This case highlights the importance of fulfilling financial obligations in
business relationships and the legal consequences of failing to do so.
It also shows how courts consider factors like interest rates to ensure
fairness in judgments.
Family Court Visit
In the first family case, the parties involved were Awasthi MK and
Jignesh Kk, aged 29 and 30 respectively. Awasthi, accompanied by
her cousin brother, sought legal assistance. The case addressed issues
under Acts such as the Hindu Marriage Act, Domestic Violence Act.
The facts presented included Awasthi's husband's substance abuse,
extramarital affair, refusal to provide dowry and certificates, and a
lack of action despite discussions. Both parties belonged to the same
caste, and a direct divorce was not feasible.
Relief was sought, which proposed appointing an advocate and
pursuing maintenance cases. Options like mutual divorce and filing
MC (Maintenance Case) were considered, recorded in the complaint
book proforma.
In the second family case involving Neetu versus Sudesh, domestic
violence under sections 354 and 509 of the IPC was identified. Neetu,
a 34-year-old woman with two daughters studying in class 9, faced
challenges due to her husband's extramarital affair, harassment, and
verbal abuse in front of their children. They had been living
separately for five years.
Recommended filing a maintenance case and appointing an advocate
for legal proceedings, suggesting compensation claims against the
husband for the benefit of their children's future. Have directed the
drafting of an application to claim compensation, proposing either
buying property in the children and wife's names or depositing a
fixed amount for their welfare.
Chief Metropolitan Magistrate Court Visit
Chamber: 28
Role in the investigation as a witness:
Name of the Witness: R Kumar GS
He worked as a First Grade Assistant in the MAG Branch, Office of
the Commissioner of Police, Bangalore, from 2018 to October 2020.
- On 18.03.2019, he received an order from the DCP administration
regarding a case (Case No.23/2019) at Vidhana Soudha Police
Station.
- The investigating officer directed Mahajar to appear at the DCP
Gupta office, where he and another person went.
- Upon arrival, the system in question was shut down, and
investigations revealed that police verification certificates stored on
the system were allegedly forged.
- An expert removed the hard disk from the CPU, which was sealed
and marked as MU-1.
- He signed a slip confirming the identification of the hard disk and
other related documents.
- During questioning, he mentioned that he lacked detailed
knowledge of computer hardware and software bugs.
- The defence lawyer for the accused raised questions about the
source and authenticity of the hard disk and its relevance to the
government's systems.
- He clarified that he had signed the documents and confirmed
certain procedural aspects but were not involved in the actual
investigation process.
Mayo Hall Visit
Visited city civil courts Mayo Hall unit and observed the case
proceedings.
Case: Mrs. Rekha Venkatesh -V/s - NITHIN RAJ. K
In case number [Link].1789/2024, the court upheld the
complainant's claim under Section 138 of the Negotiable Instruments
Act. The complainant had loaned Rs.35,00,000 to the accused for
family and business purposes, with the accused issuing post-dated
cheques that bounced due to insufficient funds. Despite initially
pleading not guilty, the accused was convicted based on the
presented evidence. Later, both parties agreed to a joint memo
where the accused accepted liability to repay the loan amount.
Consequently, the court ordered the accused to pay Rs.35,00,000 to
the complainant as fine under Section 357(1)(b) of the Cr.P.C., with a
default sentence of 6 months' simple imprisonment if the fine is not
paid.
High Court Visit
Case: Riyaz Ahmed Shariff vs Purvankara Projects Ltd
This case involves a Writ Petition seeking several reliefs, including a
writ of mandamus to consider an application filed under Section 28
of the Specific Relief Act in an arbitration case. The relevant facts
include a Memorandum of Understanding (MOU) between the
parties, arbitration proceedings, and subsequent execution of a sale
deed in favor of the claimant based on an arbitral award.
The key points and decisions in the case are:
1. The arbitral award held the claimant entitled to specific
performance of the MOU.
2. The claimant-initiated execution proceedings resulting in the
execution of a sale deed.
3. Challenges to the arbitral award under Section 34 of the
Arbitration and Conciliation Act, 1996, were dismissed.
4. The petitioners sought relief under Section 28 of the Specific Relief
Act to rescind the contract after execution of the sale deed.
5. The court considered the discretion and circumstances under
Section 28 and noted the absence of precedent allowing such
applications post-execution.
6. The court referred to previous judgments and held that the
petitioners failed to demonstrate entitlement under Section 28 after
full execution of the decree.
7. The court also rejected arguments citing other judgments as
inapplicable to the case.
8. The relief sought was denied, considering the scheme of the
Arbitration and Conciliation Act, 1996.
Overall, the court dismissed the Writ Petition as lacking merit and did
not award costs.
Cyber Crime Police Station and Commissioner of Police
The IT Act plays a crucial role in combating cybercrime by providing
legal frameworks for investigation and prosecution. Recently, there
has been a rise in various online frauds such as share trading scams,
FedEx courier fraud, part-time job scams, sextortion schemes, fake
insurance schemes, OLX fraud, fake web link or OTP scams, and
matrimonial fraud. In cases of online financial fraud.
Individuals can dial 1930 or contact the NCRP portal for assistance.
During my visit to the Police Commissioner's office, I aimed to
understand their responsibilities, jurisdiction, and strategies for
combating cybercrime while also learning about law enforcement
procedures, crime prevention strategies, community policing
initiatives, and the role of technology in modern policing. Interacting
with officers and staff allowed me to observe their workflow and
gain insights into the technologies and systems they use, providing
me with a comprehensive understanding of law enforcement
practices and enhancing my skills in this field.
Anganvadi Kendra Billal Nagar Nelamangala Town
At the center for kids' education and care, Nagarathnamma and
Mumtaz Begum assist children by teaching them basic skills, as their
parents cannot afford to send them to school. The center provides
ration support for one month, benefiting around 20 children aged 3
months to 6 years and 10 children aged 6-3 years. Additionally, they
distribute ration to approximately 25-30 households, including
support for pregnant women (5) and post-pregnancy women (6). The
daily schedule for children includes milk at 10:30 am, sihi laddu at
11:30 am, lunch at 1:30 pm, nap time at 2:30 pm, and playtime at
3:30 pm, with the center closing at 4:00 pm.
NGO
Visited an NGO called Sandeep Seva Nilayam, established in 1993 by
Lily to address leprosy cases in Nelamangala. The NGO is actively
engaged in initiatives aimed at eradicating and preventing
communicable diseases like leprosy, tuberculosis, and AIDS, along
with activities supporting disadvantaged women and children. They
have registered 493 children under the National Child Labour Special
Residential School Project in Nelamangala Taluk and established 362
self-help groups benefiting 5430 women. Additionally, they operate
34 self-help groups in slum areas of Bengaluru Urban District,
supporting 510 women through bank loans. The NGO also runs
programs focused on women empowerment, village development,
child labor rehabilitation, a missing child bureau, and a day care
center for children.
CONCLUSION
My time during the DLSA rural internship has been immensely fulfilling and
enlightening. I appreciate being able to directly observe the vital function of
legal aid and assistance in communities that lack resources. This internship
has given me valuable perspectives on the obstacles encountered by rural
residents and the significance of ensuring justice is accessible to everyone.
I'm grateful for the opportunity to participate in impactful projects and
gain insights from dedicated professionals dedicated to assisting the
disadvantaged. This experience has enriched my comprehension of social
justice matters and motivated me to persist in advocating for beneficial
transformations in our communities.