STUDENTINTERNSHIPDIARY
FIMT–SCHOOLOFLAW
FAIRFIELD INSTITUTE OF MANAGEMENT AND TECHNOLOGY
(Affiliated to Guru Gobind Singh Indraprastha University, Delhi)
SESSION 2020 -2025
NAME OF THE STUDENT :- Shubham Beniwal CLASS:- BA-
LLB SEMESTER:- 5TH SECTION:- c
ENRL. NO:- 15690103820
RESIDENTIAL ADDRESS OF STUDENT:- 277 pitampura
VILLGE NEW DELHI
CONTACT NO:- 9999799895
E MAIL I.D:- Beniwal2002@[Link]
NAME OF THE ADVOCATE/LEGAL FIRM:-Sanjay Rathee,ADVOCATE,
Chamber No 194 western wing tis hazari courts, delhi 110054
CONTACT NO:-9811075210
ABBRIEVATIONS
ABBRIEVATIONS FULL FORM
SNO,
1. HC HIGH COURT
2. OC OTHER COUNSEL
3. HON’BLE HONOURABLE
4. CR.P.C THE CODE OF CRIMINAL PROCEDURE
5. CPC CODE OF CIVIL PROCEDURE
6. IPC INDIAN PENAL CODE
7. VS. VERSUS
8. CJ CHIEF JUSTICE
9. ORS OTHERS
10. ANR. ANOTHERS
11. SC SUPREME COURT
INDEX
[Link] CASE LIST PAGE NO
1 Internship certificate 3
2 Declaration 7
3 Acknowledgement 8
4 Objectives 10
5 Cases 11
6 Conclusion 21
DECLARATION
I Shubham Beniwal student of 5th semester [Link] (Hons)
hereby declare that this report as compiled by me under summer
internship program (4 weeks) is based on my own experiences
and observations to the best of my knowledge and understanding
in its duration and the same which is submitted therefore to
Fairfield Institute of Management & Technology affiliated to
Guru Gobind Singh Indraprastha University, New Delhi is a
reliable document and is of bonafide nature.
Shubham Beniwal
15690103820
BA LLB(HONS)
5TH SEM, SEC- c
FAIRFIELD INSTITUTE OF MANAGEMENT
AND TECHNOLOGY
ACKNOWLEDGEMENT
I would like to express my heartfelt thanks to Advocates and legal
consultants , for allowing me to work under his guidance in the field
of Law in whereof he is an expert off. His valuable suggestions and
guidance made the whole experience very memorable, informative
and enlightening. He entrusted me with tasks like making case briefs,
and carrying out research work, etc. He at every support extended
from time to time which enabled me to accomplish this training.
Without his extended help and encouragement this summer
internship would not have been so practically informative and
educative for me. I would thus, like to reiterate my thanks to
Advocates and legal consultants for being my mentor in this
endeavour.
I also pay my sincere regards to the clerks and office staff of
Advocates and legal consultants sir for always being helpful and
supportive to me as an intern in order to facilitate the efficient
completion of tasks assigned.
I thereby express my sincere gratitude to all the teachers of my
institution –Fairfield Institute of Management and Technology, who
have supported me all through the procedure and in guiding me with
the valuable suggestions regarding the fields to be chosen for
practical study. Through this project I got an exposure to the practical
aspects of the laws apart from the theoretical knowledge of the
procedures soaked in the classroom. I hereby thank you all for this
opportunity that you provided to me for practical exposure of the
subjects.
OBJECTIVES
Internship is a process of education, to offer meaningful, career related
work experience to students, while simultaneously providing an
excellent source of highly motivated, career minded individuals for
employers.
The internship program serves to:
• Reinforce and strength the student’s personal values and career
objectives through an improved understanding of the work
environment.
• Assist students in identifying and acquiring the skills needed to
enter a chosen field.
• Provide practical work experience to balance the student’s
theoretical training.
• Allow students to meet and learn from professionals in the field
and develop network of contacts.
IN THE COURT OF
CASE1
SH. NEERAJ GAUR, ASJ, ROHINI COURTS, NEW
DELHI
FIR NO:-563/14
P.S:-Sangam Vihar
U/S:-307 IPC
IN THE MATTER OF:
STATE …COMPLAINANT
VERSUS
RAMAN & ANR …DEFENDANT
SUBJECT MATTER:-COMPLAIN WAS MADE FOR ATTEMPT TO
MURDER U/S 307OF IPC
CASE FACTS :-In the present case ,On 26th October 2017 around 8:00 pm
Santosh and Amit were playing the in the locality. Raman and Pushpender
reached there from whom they had previous enmity. Then Raman stabbed knife
in the stomach of Santosh and Pushpender hit Amit on his head. After causing
them injury they flee away from the spot. Amit called the police and they both
IN THE COURT OF
were taken to a nearby hospital by the police. Then the F.I.R was lodgedU/S
307 IPC against Raman and Pushpender.
Observation: The Hon’ble judge was absent so I took the next date of hearing
on 20thmarch 2022.
CASE2
MS, MANU GOEL KHARAB MM, ROHINI COURTS,
NEW DELHI
FIR NO:-1312/20
P.S:-Tilak Nagar
U/S:-328, 376,34 OF IPC
IN THE MATTER OF:-
STATE
VERSUS
ROHIT KUMAR ...ACCUSED
SUBJECT MATTER: -COMPLAIN FOR RAPE
IN THE COURT OF
CASE FACTS: - In the present case, a complaint was made by a women, that
she was raped on the pretext of getting job. The incidence took place on 1 of
November 2020 when she was going to the market around 3:30 pm near B.K
Jewellers, Tilak Nagar a car stopped near in which the accused was sitting and
she knew him so she sat in the car. Then the accused gave her a glass of cold
drink after drinking that she felt unconscious and she was raped. After gaining
conscious she found herself lying on the road. The victim called her husband
and narrated the whole incidence and she went to Tilak Nagar Police Station to
lodge a complaintagainst the accused.
OBSERVATION: -The accused was granted bail as there was no evidence
against him to prove his guilt.
CASE3
Ms. DIVYA MALHOTRA, MM ROHINI COURTS,
NEW DELHI
[Link].213/4/15
IN THE MATTER OF:
KAJAL SUHAG ...COMPLAINANT
VERSUS
RAJIV SHUAG AND OTHERS …RESPONDENT
IN THE COURT OF
SUBJECT MATTER:-COMPLAINANT LIVING SEPARATELY ENTITLED
FOR MAINTENANCE U/S 125 Cr PC AND 18.19.20 OF THE DOMESTIC
VIOLENCE ACT 2005
CASE FACTS: -In the present case, the marriage between complainant was
solemnized with the respondent on 29 of August 2017 in accordance with the
Hindu Rites and Ceremonies at Delhi. Both the parties could not live together
and could not pull out their matrimonial life together as temperamental disputes
and difference arose between the parties to the marriage and they decided to live
separately since April 2019. A baby boy was born out of the wedlock on 9
February [Link] complainant alleges that she was harassed mentally and
physically by the respondent and his family members. The complainant wants
the maintenance for the development of the child.
OBSERVATION:-In this matter, the honorable court observed that income and
Expenditure of the parties is necessary not only to fix maintenance but also to
determine Permanent alimony.
Case4
IN THE COURT OF SH. NARESH KUMAR MALHOTRA,ASJ,TIS HAZARI
COURT,DELHI
FIR NO-157/20
P.S:-Anand Prabat
U/S:-302 IPC
IN THE MATTER OF:
STATE ...COMPLAINANT
VERSUS
MITHILESH ...ACCUSED
SUBJECT MATTER:-COMPLAIN WAS FOR THE OFFENCE OF
MURDER
CASE FACTS:- In the present case, the wife is charged for the murder of her
husband. The husband used to beat her after drinking alcohol and he didn't want
that her wife should work.
On 26t March 2020 around 2:00 pm the husband started abusing her and gave
her a slap as he was intoxicated so he was not able to control his actions and then
the wife gave her a beating and covered his face by the pillow due to which the
husband died and the audio clip of the incidence was recorded by the relative of
the husband and he called the police. Then the body was sent for post mortem.
OBSERVATION:-In this case, observed that the testimony of a minor is on the
same footing as that of an adult.
CASE5
IN THE COURT OF SH. [Link] SAKET COURTS, NEW DELHI
FIRNO:- -129/21
P.S:-Vasant Kunj
U/S:-376 IPC
IN THE MATTER OF: -
STATE ….COMPLAINANT
VERSUS
RAJIV . ....ACCUSED
SUBJECT MATTER: -COMPLAIN US 376 IPC FOR THE OFFENCE OE
RAPE
CASE FACTS: - In the present case, a complain was made by the victim which
was Committed in Vasant Kunj when she was returning home on 13 June 2021
around 1:00 am by a cab and the cab driver took the car to the secluded place
where he committed rape on her and then he dropped her at home. He warned
her not to utter a single word against him otherwise he will create trouble for her.
The victim went to Police station to lodge and F.I.R against the accused then she
was sent for medical examination.
OBSERVATION:- I observed that the offence against the women is very
sensitive and the identity of the victim is not to be disclosed, approach of the
court in cases related.
CASE6
IN THE COURT OF SH. NARESH KUMAR MALHOTRA, ASJ, TIS HAZARI
COURTS, NEW DELHI
FIR NO-162/22
P.S:-Ranhola
U/S:-302,307 1PC
IN THE MATTER OF: -
STATE ...COMPLAINANT
VERSUS
RAKESH KUMAR ...ACCUSED
SUBJECT MATTER:- COMPLAIN WASMADE FOR THE OFEENCE OF
MURDER
CASE FACTS:-In the present case, on 20th march 2022 , Mohit, Rahul and Shiv
Kumar were friends and they were celebrating the holi festival. Then there can
Rakesh who had given Rs 200 to Mohit earlier and he asked mohit to give his
money back to which mohit refused and told him that he we will not pay him.
After hearing this Rakesh warned him that he will take the money back at any
cost and Rakesh left the place. A few minutes later Rakesh came back with his
three friends which were Pawan, Vicky, Sunny and they attacked Rahul and
Mohit whereas Shiv kumar managed to escape. Rakesh attacked Mohit with
knife on his neck and he fell on the floor as he became unconscious they again
hit him on his legs. Pawan hit a stone on Rahul head due to which he fell on the
floor and all of the accused ran away.
OBSERVATION:-In this case, the accused was sent to judicial custody for 14
days.
CASE7
In the court of Mrs. Aarti Chawla, Chief Judicial
Magistrate, Ambala
In the matter of:-
[Link]. Diva ………………………………………. PETITIONER
vs
Kamini Patel …………………………………………RESPONDENT
Petition filed u/s 9 of HMA
FILED ON- 20/07/2020
Marriage took place between both the parties on 08/02/2018 at
Chandigarh, Punjab. Out of this wedlock two children were born out boy
8 months old and girl 2 years old. All went good for few years but after
that both the parties started fighting with each other even on petty issues.
One day the respondent left her matrimonial house because of the clashes
between her and her husband. Petitioner then filed a petition for
Restitution of Conjugal Rights. Qualification of the Respondent is 9th
class and of Petitioner is 10th
Observation: On 01/10/2021 both the parties sat together for the
compromise and both the counsels took one more date for compromise.
Next date : Retained for Respondent
CASE8
In The High Court of Punjab & Haryana
In the matter of:
NARENDRA PAL………………………………….. Petitioner
Vs
STATE……………………………….………………Respondent
Filed u/s 27 OF INDIAN SUCCESSION ACT
FILED ON – 19/04/2021
The petition for Probate is filed in order to get the possession of a room
of area admeasuring 48 sq. feet which is illegally acquired by the
brother of the petitioner naming Narendra Pal. The father of the
Petitioner in the will left the above stated room in the name of the
petitioner.
NEXT DATE- 4/11/2021
FROM PETITIONER’ S SIDE
CASE9
In the court of Sh. Sushil Garg, Additional District and Sessions
Judge, Dwarka District Court.
In the Matter of:
BINOD………………………………………………Petitio
ner Vs
MALIKA………………………………………………Respondent
Filed u/s 13-B of HMA
FILED ON- 11.05.2021
Marriage took place on 18/06/12. No child was born out of this Wedlock.
For few months everything went well but after that both the parties
started fighting with each other on trivial matters also. Soon they realized
that they cannot live together because of clashes so they decided to live
separately and on 21/01/2013 they got separated.
Observation- On this Date (02/06/21) the petitioner’s statement was taken.
Next date-04/09/2021- 2ND MOTION STATEMENT
CASE10
IN THE COURT OF SH. SANJAY GARG,
PRINCIPAL JUDGE, FAMILY COURT DISTRICT
COURT,DWARKA, NEW DELHI
IN THE MATTER OF :-
Deepak Giri …………….Petitioner No. 1
And
Rita Sharma (RiyaGiri) …..Petitioner No. 2
SUBJECT MATTER :-
∙ Petition Filed U/S 13(B) Of Hindu Marriage Act,1955
DATE OF HEARING: 02.08.2021
BRIEF FACTS:-
The Hindu Marriage between Deepak &Rita was solemnized on
19.04.2014 with Hindu rites & rituals on Delhi. The marriage was duly
consummated & no child was born from the wedlock. Because of some
temperaments differences the petitioner was not living together since
29.07.2014. Both the parties have tried at level best to reconcile but they
were not succeeded. The petitioners have mentally agreed that their
marriage should be dissolved by decree of divorce.
OBSERVATION: The statement of both the parties was on 02.08.2021
& the Hon’ble Court granted the 1stMotion in the said matter.
CONCLUSION
Pursuing this summer training I got an opportunity to get some exposure
in the field of law. Research work was the basis of my internship and
included dimensions of criminal medico legal experts to civil corporate
litigation. All of which was an over the top experience.
Such summer trainings help a law student to reborn and replenish
himself and to explore his bounds of training. Expertise in law comes
through thorough reading which the pre-requisite to our training was.
When it comes to observance of trials in the courts, it was one of the
most essential parts of learning for an intern. Observance of trials and
court proceedings help in understanding the very root of the law in
India. Proceedings are the whole mechanism in to whose analysis is
always advisable.
With a vote of thanks and gratefulness for reading this report
thoroughly and for giving me this wonderful opportunity to grow up
my vision in this field of law, I conclude this report with a great lot
in my mind.
With Warm Regards
Sincerely,
Shubham Beniwal
15690103820
B.A LLB (Hon’s)
5TH SEM, SEC- c
Please share your Internship experience in `150-200
words?
Internship is a process of education, to offer meaningful, career related
work experience to students, while simultaneously providing an
excellent source of highly motivated, career minded individuals for
employers.
In the end, I would like to opine that the real legal practice is
absolutely different from the theoretical version of law which we
study. Without exposure to the real world, one cannot understand the
analytical and positive application of law and jurisprudence and the
actual function and structure of law. What we study is the body, what
we learned from the internship is the mechanism of this body. I was
surprised to see how the simplest of laws were applicable in the most
world, difficult of situations and how loopholes leave so much scope
of evolution and improvisation today in this field. I also observed
that the law is everything but constant with the same soul as that of
human in other words or as that of counsel, law may come and law
may repeal, but they must always be faithful to the constitution,
which is the most supreme law of the land and governs all equals and
unequal in respect of each other.
Please mention any 5 qualities of a successful lawyer
• Communication
• Research
• Attention to detail
• Teamwork
• Time management
Enlist any 3-5 suggestions for smooth and effective
working of Indian Judiciary
A powerful, independent judiciary is of great importance for
India’s development. As the basic core of life is a fast and
productive operation. Yet by its definition Indian judiciary has
been very weak and inefficient. Furthermore, our laws and their
implementation have contributed to immense suffering for the
litigants and driven people to search for possible remedies.
The very core of society is an autonomous and unbiased judiciary
and a swift and effective operation. But, by its very nature, our
judiciary has become weighty, and appallingly slow. Our laws and
their implementation and adjudication resulted in immense
suffering for litigants and pushed citizens to try extralegal
alternatives. Relative to other governmental agencies, and even
compared to other courts in many countries, the justice system
is financed poorly.
According to the World Bank’s Ease of Doing Business survey,
India ranks 168 out of 190 countries on ‘contract compliance.’
Using Mumbai numbers, it notes that settling a disagreement
from the date of filing takes 1445 days.
India has one of the highest numbers of under-trial prisoners in
the country. A little more than two-thirds of the nearly 4.2 lakh
inmates in India are awaiting trial. The criminals languish in jail
not because they are found guilty and sentenced to prison but
because they are convicted of the crimes that are too serious to
deserve parole, or merely because they are too vulnerable and
disempowered to secure parole.
The propagation of justice in our society is heavily dependent on
the judiciary. Hence its credibility is central to the sustainability
of India’s civil order. As long as Indian citizens believe in court
mechanisms and integrity, the judiciary remains the interpreter
of the laws and the determinant of social justice, it should be.
Sadly, some things restrict the application of our laws to all
Indian people. Many who challenge courts not only pay the
burden of the case; they also waste a great deal of time waiting.
Another problem which calls for change is to overreach the
judiciary. There is a need to appoint more judges in court. In
2015, the Supreme Court overturned the National Commission
for Judicial Appointments (NJAC) Act, declaring it
unconstitutional. A renewed version of this idea and aim could
help to appoint more judges effectively. An autonomous
executive authority should be formed specifically to ensure the
compliance of court-issued decisions, to enhance confidence in
their efficacy. The government has to take immediate steps to
avoid this court system being disrupted and out of control for
everyone other than the moneyed.