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Summer Internship Report in Law

The document is a project report submitted by Kartik Rohilla for a summer internship program as part of his Bachelor of Law degree requirements. It includes acknowledgments, a preface discussing the importance of practical legal training, and an index outlining the contents of the report. The report emphasizes the significance of internships in legal education and provides insights into various legal concepts and case studies encountered during the internship.

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0% found this document useful (0 votes)
17 views62 pages

Summer Internship Report in Law

The document is a project report submitted by Kartik Rohilla for a summer internship program as part of his Bachelor of Law degree requirements. It includes acknowledgments, a preface discussing the importance of practical legal training, and an index outlining the contents of the report. The report emphasizes the significance of internships in legal education and provides insights into various legal concepts and case studies encountered during the internship.

Uploaded by

mouktik bansal
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

A PROJECT REPORT ON

SUMMERINTERNSHIP
PROGRAMME

Submitted in partial fulfillment of the requirements for award of


the degree
Of
BACHELOR OF LAW (HONS) 5
YEARS YEAR 2016-2021

Submittedto: Submittedby:
Ms. DIVYA KATARIA KARTIK ROHILLA
AssistantProfessor B.A. LL.B.
(Hons.) SchoolofLaw Enr. No:40421503816
1111111 1111112115411111111111111111111111111111111111111….....

1
CHANDER PRABHU JAIN COLLEGE OF HIGHER STUDIES AND
SCHOOL OF LAW

2
CERTIFICATE

This is to certify that the report entitled ‘Summer Training Project’ is


submitted by KARTIK ROHILLA a student of Chander Prabhu Jain College
of Higher Studies and School of Law, B.A. LL.B. (Hons.) 7 th Semester affiliated
to Guru Gobind Singh Indraprastha University, Dwarka, Delhi.

This matter embodied in this is original & has not been submitted for the award
of any other degree.

Supervisor: Ms. DIVYA KATARIA (Asst.


Professor) Date: 30th October,2019

3
DECLARATION

This is to certify that the report entitled ‘Summer Training Project’ which is
submitted by KARTIK in partial fulfillment of the requirement for the degree
of B.B.A./LL.B.(H) to GGSIPU, Dwarka, New Delhi comprises only my
general work & due acknowledgement has been made in the text to all
material used. Neither the same work, nor any part thereof, has earlier been
submitted to any university for any degree.

Name of the Student: KARTIK ROHILLA

Approved by: Ms. DIVYA KATARIA (Asst. Professor)

Date: 30th 0ctober, 2019

4
ACKNOWLEDGEMENT
The journey started as a student towards the Professional Life with the aim in
mind to learn the Practical Aspect of Life, ended as a memorable experience,
also helped me to come off with flyingcolors.

No work can be completed without other’s help or contribution. The preparation


of presentation of this humble work encompasses the immense and unlimited
help and sound though of innumerablepeople.

My special thanks to Mr. PRINCE GUPTA, Advocate, for providing me this


opportunity to associate myself with him for my summer training. I would also
like to express my sincere gratitude to sir providing me the most valuable
guidance and affable treatment given to me at every stage to boost my morale
and also helping me in learning law related procedures and activities, which
helped me to add a feather in my cap.

I express my deep & sincere gratitude to my teacher, Mr. PRINCE GUPTA,


Asst. Professor (Law), for inspiring guidance, supervision, expert suggestion &
encouragement which helped me to tide over the hardship encountered during
study.

Last but not the least my sincere gratitude to all people who knowingly or
unknowingly supported me, for my moral to make this project a reality.

KARTIK ROHILLA

5
PREFACE
“Many hammer all over the wall and believe that with each blow
they hit the nail on the head.”

- Johann Wolfgang VonGoethe

A fairly good grasp of legal procedure is obviously essential for the prosecutors,
defense lawyers, magistrates, other senior judges and any person related or
dealing with civil or criminal matters. Where and how do they learn this law?
Most of them would probably say that they learnt the procedural law only after
completing their formal legal education at the colleges and universities. Very
few of them, could get adequate grounding in the basic principles of procedure
before leaving the portals of academic institution.

To study without practically knowing is futile and waste. With this ethos in my
mind, I joined the office of Mr. JAI KISHANfor my summer training
programme. There are various books available relating to legal matters but
without practically doing it & knowing how they are computed it’s difficult to
understand, their essence & importance. This 2 month program of training in a
well established firm/office has radically changed my outlook towards legal

6
studies and law itself. It has helped me in thinking objectively with a more
methodical approach towards problem in the real life situation & their solutions.

The Bar Council of India rightly requires that internship programme should be
one of the compulsory subjects to be included in the syllabi for the degree
course in law. It has been so included by all theuniversities.

Experience has shown that the theoretical knowledge is not quite effective and
efficient medium for legal aspirants or the future lawyers. It fails to evoke
adequate interest in the subject and falls short enough attention on the basic
fundamental principles and also on the interaction of the different sections
through which principles become operative.

Needless to say that practical knowledge of the subject matter would certainly
give an important place to the study of the judicial experience in the actual
working of the legal procedures.

In the changing society, the law of the land by its very nature would need
frequent change to keep pace with the times and also to reflect in it the changing
values and moods of the people. The contribution of the academic community
in the field of law of reforms and legislation is unfortunately far from
impressive. All this cannot be changed overnight. Patient efforts consistently
made over a period of years may change this dismal picture. That alone, it is
humbly submitted, would make the study of law both meaningful and
interesting. There is hardly any book on criminal procedure which evinces such
a treatment.

The law of crime and punishment presents its own cache of concerns. A
question of considerable importance is whether, and how far, the Indian Penal
Code (IPC) has liberated itself from the colonial inheritance; our approaches to
answeringthisquestionwillofcoursevary,dependingonhowonemaydraw

7
distinctions between the ‘post- and ‘neo’ colonial formations of the repressive
powers of the State, Likewise, in civil wrongs.

Thus this programme has enlightened as well as made me aware of the arduous
task of dealing with cases and difficulties which are faced by an advocate in his
profession. One require great prowess as a legal practitioner in order to deal
profoundly with the cases, which he/she acquires through hard work, dedication
and his zeal to work efficiently & effectively.

Initially during my training I felt as a destitute in the legal field but it was the
guidance and enlightenment by my mentor which gave me confidence and zeal
to work and therefore learn step by step. I would like to thank respected sir for
his vision and guidance throughout this programme. He unstintingly shared his
extraordinary knowledge of the field of Law and litigation and the technically
related challenges associated with it, helping me get up to speed in an area with
which I had little previous familiarity. His passion for finding solution to the
issue addressed in different day to day challenges in cases has been a source of
inspiratio

8
REPORT ON
SUMMER
INTERNSHIP
PROGRAMME

9
INDEX
S. No. TOPICS PAGE NO.
1. List of Abbreviations 11
2. Table of Cases 12
3. 1. Concept of Law andLawyer 13
➢ CONCEPT OFLAW 14
● What “LAW”is? 17
● Explaining the terms “Law” and “Morality” or
“Justice”
● Definitions ofLaw 17
➢ CONCEPT OFLAWYER 17
● Who is aLawyer?
21
● Roles of aLawyer
21
21
4. 2. Concept ofInternship 25
➢ CONCEPT OFINTERNSHIP 25
● Meaning 26
● Benefits 26
5. 3. InternshipObservation 29
➢ CASEFILES 30
● CivilCases 30
● CriminalCases 33
➢ Making of Pleading(s) and other interim
application
35
➢ Observation at the CourtRooms
36

6. Case Studies 38

1
0
7. Conclusion 57
8. My Experiences 59
9. References 60

1
1
LIST OF ABBREVIATIONS

[Link]. ABBREVIATION EXPANSION

1. Ors. Others
2. Anr. Another’s

3. Vs Versus
4. I.O Investigatingofficer
5. PW PlaintiffWitness
6. CW ComplainantWitness
7. WS WrittenStatement
8. F.I.R First InformationReport
9. U/S UnderSection
10. Cr.P.C. Criminal ProcedureCode
11. C.P.C. Civil ProcedureCode
12. PP PublicProsecutor
13. ADJ Additional DistrictJudge
14. HMA Hindu MarriageAct

12
TABLE OF CASES

a. State v. Dharmendrakumar
b. Ashok kumar Gupta v. Ram Avtar Verma &Anr.
c. State v. Ajay @ Nathu @ Sunny &ors.
d. State v. KiranKalia
e. State [Link]
f. M/s. Lemonseeds Agro Farms [Link]. v. M/s. Hindustan
InsecticidesLtd.

g. State v. BakshishSingh
h. State v. Shailender @Monu &Anr.
i. Harjeet Kaur v. Surender SinghSehambi
j. A.K Pandey v. Ranjan
k. Sanjay Verma v. Dharmendra SinghRawat
l. Jugal Kishore v. Saurabh Sharma &ors.
m. Surender Kumar prop. v. Sh. Balaji Steel Articles &Anr.
n. State v. Surya Kant Sharma andOrs.

13
CONCEPT
OF
LAW
AND
LAWYER

14
CONCEPT OF LAW

“It is the spirit and not the form of law that keeps justice alive.”

-- Earl Warren

Although “the law” may seem to be abstract and far removed from everyday
life, it actually is a framework for much of what you do. Perhaps you get a
traffic ticket or want a local store to replace a defective toaster you purchased.
Perhapsyouhavebeencalledforjurydutyormusttestifyasawitnesstoan

accident. Perhaps you want to stop a road widening project near your home,
ponder the issues of prayer in school or abortion, or must see that the provisions
of a will are carried out. And certainly every year you must file an income tax
return. Each of these scenarios involves the law. What is law, and where does it
come from?

Law is the set of rules that guides our conduct in society and is enforceable
through public agencies. Our relations with one another are governed by many
rules of conduct from important concepts of ethics and fair play to minor
etiquette matters such as which fork to use and how to introduce strangers to
one another. We obey these rules because we think they are right or simply
because we desire the approval of others. If we do not follow these rules, others
may treat us differently from giving us a disapproving glare to completely
ostracizing us. Generally, our government is not involved in expressing
disapproval for disobedience of these kinds ofrules.
Some rules of conduct, however, are considered so important that they are
enforced through the government. Traditionally, the most serious breaches of
society’s rules are labeled crimes, and people who commit crimes may be
15
arrested, prosecuted, and punished by officials paid by the government. Crimes
are kinds of misconduct considered so harmful that the society employs public
officers to try to prevent the misconduct and to punish those who engage in it.
The prosecution of a crime is a lawsuit between the people of a state in their
collective capacity (represented by a prosecutor and called the State) and the
offender. Murder, rape, assault, theft, and fraud are categories of misconduct
that have been considered crimes for as long as there has been organized
society.

Disagreements among people and some kinds of misconduct toward others are
considered less threatening to society as a whole and are not labeled as crimesor
infractions. Yet such matters are important enough that our society provides a
government forum—the courts—for resolving them. These disputes are called
civil lawsuits and are handled in civil court. Most incidents of unintended
physical harm by one person to another (called torts) and most disagreements
arising from business transactions (contract disputes) may be heard in civil
court, and a decision is made there as to whether the person who has been sued
has acted wrongly. Unlike crimes, these disputes are between individuals
(sometimes corporate individuals). The government is not a “prosecutor” in
these lawsuits—it merely provides a forum in which two parties can handle a
dispute. A government body (for example, a town or a state) can be either a
defendant or a party seeking relief in a civil lawsuit. The way in which civil
cases are resolved is an important aspect of the “law” and helps determine our
legal responsibilities to one another.

Illustration: A Contract

Bell agrees to paint Jackson’s house for Rs. 2, 50,000/-. Bell finishes the job,
but Jackson refuses to pay more Rs. 1, 75,000/-. Bell sues Jackson for breaching
their contract, asking that Jackson be ordered to pay the Rs. 2, 50,000/- agreed
16
on.

Our society pays a great deal of attention to the law as it is used in our courts to
deal with crime is resolve disagreements. Even so, law is probably more
significant in our everyday lives as the set of rules that helps us shape our
relationships with one another (through contracts, marriages, and wills, for
example) and avoid conflicts and disagreements. In the illustration, Bell made a
contract with Jackson to paint Jackson’s house for a set amount of money. Had
both parties fulfilled their obligations, they would not have had to go to court. In
this manner law defines the types of agreements we can make with each other; it

also allows us to enforce the terms of these agreements through the courts when
necessary.

Laws also describe rules government bodies may establish for regulating certain
behavior and activities. These types of rules typically do not fall clearly into the
categories of either criminal or civil law. They include such matters as
regulating of food safety in supermarkets and restaurants, building codes, how
subdivisions may be developed, air and water pollution, hunting, and marriage
license requirements. Law also defines how government bodies and personnel
should perform their responsibilities. Government official who files to act
lawfully may lose their jobs and be punished in some othermanner.

What “LAW” is?

It is possible to describe law as the body of official rules and regulations,


generally found in constitutions, legislation, judicial opinions, and the like, that
is used to govern a society and to control the behavior of its members, so Law is

17
a formal mechanism of social control. Legal systems are particular ways of
establishing and maintaining social order.

Explaining the terms “Law” and “Morality” or “Justice”:-

When discussing law and morality or law and justice, it is important to define
the terms, from the below you will probably decide it is not possible to define
what law is, but it is possible to describe what it does and what rules apply. This
is essentially a philosophical question, which probably has no answer, but some
theories have attempted to doso.

Similarly, there is no agreement what morality is, or justice is and there are
various “schools” of thought. We shall be looking at the writings and thoughts
of philosophers and jurists (legal scholars) each named person should be
considered as an activity in his field whose opinions are worthy ofrespect.

Definitions of law:-

1. LegalPositivism
A. John Austin :- (English jurist born

1790) “Province of

JurisprudenceDetermined”

“A rule laid down for the guidance of an intelligent being by an


intelligent being having power overhim.”

“A body of rules fixed and enforced by a sovereign political authority.”

B. ProfessorHart

(Oxford Professor of Jurisprudence, born 1907)

“The Concept of Law”(1961)

18
Hart defined law as a system of rules, a union of primary and secondary
rule.

2. Marxisttheory
Marxist theories of law generally define law as a tool of oppression used by
capitalists to control the proletariat.

3. NaturalLaw
A. Plato (Greek philosopher born 427BC)
B. Aristotle (Greek philosopher born 304BC)

“An embodiment of Reason”, whether in the individual or the


community’.

C. St Thomas Aquinas (Italian philosopher born1224)

“Summa Theologiae (Summary of Theology)”, Question 90, Art. 4

“Nothing else than an ordinance of reason for the common good, made by
him who has care of the community, and promulgated”

4. LegalRealism
A. Oliver Wendell Holmes (American judge and jurist born

1841) “The Path of the Law” in Collected Papers,1920

“The prophecies of what the courts will do … is what I mean by the law,”

B. Karl Llewellyn (American legal scholar born

1893) “The Bramble Bush”1951

19
“What officials do about disputes,”

C. Lord Browne-Wilkinson(Senior Law Lord born1930)

“The sum of the influences that determine decisions in courts of justice.”

Thus, Law is a system of rules and guidelines which are enforced through social
institutions to govern behavior. Laws are made by governments, specifically by
their legislatures. The formation of laws themselves may be influenced by a
constitution (written or unwritten) and the rights encoded therein. The law
shapes politics, economics and society in countless ways and serves as a social
mediator of relations between people.

A general distinction can be made between civil law jurisdictions (including


Canon and Socialist law), in which the legislature or other central body codifies
and consolidates their laws, and common law systems (including Islamic law),
where judge-made binding precedents, are accepted. In some countries, religion
may inform the law. For example in jurisdictions that practice Islamic law,
Jewish law or Canon law.

The adjudication of the law is generally divided into two main areas. Criminal
law deals with conduct that is considered harmful to social order and in which
the guilty party may be imprisoned or fined. Civil law (not to be confused with
civil law jurisdictions above) deals with the resolution of lawsuits (disputes)
between individuals or organizations. These resolutions seek to provide a legal
remedy (often monetary damages) to the winning litigant.

Under civil law, the following specialties, among others, exist: Contract law
regulates everything from buying a bus ticket to trading on derivatives markets.
Property law regulates the transfer and title of personal property and real
property. Trust law applies to assets held for investment and financial security.

20
Tort law allows claims for compensation if a person’s property is harmed.
Constitutional law provides a framework for the creation of law, the prosecution
of human rights and the election of political representatives. Administrative law
is used to review the decisions of government agencies. International law
governs affairs between sovereign states in activities ranging from trade to
military action. To implement and enforce the law and provide services to the
public, a government’s bureaucracy, the military and police are vital. While all
these organs of the state are creatures created and bound by law, an independent
legal profession and a vibrant civil society inform and support their progress.
Law provides a rich source of scholarly inquiry into legal history, philosophy,
economic analysis and sociology. Law also raises important and complex issues
concerning equality, fairness and justice. “In its majestic equality”, said the
author Anatole France in 1894, “the law forbids rich and poor alike to sleep
under bridges, beg in the streets and steal loaves of bread.” Writing in 350 BC,
the Greek philosopher Aristotle declared, “The rule of law is better than the rule
of any individual.”

21
CONCEPT OF LAWYER

WHO IS A “LAWYER”?

A Lawyer, according to Black’s Law Dictionary, is a ä person learned in the


law; as on attorney, counsel or solicitor; a person who is practicing law.”Law is
the system of rules conduct established by the sovereign government of a
society to correct wrongs, maintain the stability of political and social authority,
and deliver justice. Working as a lawyer involves the practical application of
abstract legal theories and knowledge to solve specific individualized problems,
or to advance the interests of those who retain (i.e., hire) lawyers to perform
legalservices.

ROLES OF A “LAWYER”:-

In most countries, particularly civil law countries, there has been a tradition of
giving many legal tasks to a variety of civil law notaries, clerks, and scriveners.
These countries do not have “lawyers” in the American sense, insofar as that
term refers to a single type of general-purpose legal services provider; rather,
their legal professions consist of a large number of different kinds of law-
trained persons, known as jurists, of which only some are advocates who are
licensed to practice in the courts. It is difficult to formulate accurate
generalizations that cover all the countries with multiple legal professions,
because each country has traditionally had its own peculiar method of dividing
up legal work among all its different types of legalprofessionals.

22
Notably, England, the mother of the common law jurisdictions,
emerged from the Dark Ages with similar complexity in its legal
professions, but then evolved by the 19 th century to a single
dichotomy between barristers and solicitors. An equivalent
dichotomy developed between advocates and procurators in some
civil law countries, though these two types did not always
monopolize the practice of law as much as barristers and
solicitors, in that they always coexisted with civil law notaries.

Several countries that originally had two or more legal professions have since
fused or united their professions into a single type of lawyer. Most countries in
this category are common law countries, though France, a civil law country,
merged its jurists in 1990 and 1991 in response to Anglo-American competition.
In countries with fused professions, a lawyer is usually permitted to carry out all
or nearly all the responsibilities listed below:-

ORAL ARGUMENT IN THE COURTS:-

Arguing a client’s case before a judge or jury in a court of law is the traditional
province of the barrister in England, and of advocates in some civil law
jurisdictions. However, the boundary between barristers and solicitors has
evolved. In England today, the barrister monopoly covers only appellate courts,
and barristers must compete directly with solicitors in many trial courts. In
countries like the United States that have a de jure monopoly like barristers. In
some countries, litigants have the option of arguing pro se, or on their own
behalf. It is common for litigants to appear unrepresentated before certain courts
like small claims courts; indeed, many such courts do not allow lawyers to
speak for their clients, in an effort to save money for all participants in asmall
case. In other countries, like Venezuela, no one may appear before a judge

23
unless represented by a lawyer. The advantage of the latter regime is that
lawyers are familiar with the court’s customs and procedures, and make the
legal system more efficient for all involved. Unrepresented parties often damage
their own credibility or slow the court down as a result of theirinexperience.

RESEARCH AND DRAFTING OF COURT PAPERS:-

Often, lawyers brief a court in writing on the issues in a case before the issues
can be orally argued. They may have to perform extensive research into relevant
facts and law while drafting legal papers and preparing for oral argument.

In England, the usual division of labour is that a solicitor will obtain the facts of
the case from the client and then brief a barrister (usually in writing). The
barrister then researches and drafts the necessary court pleadings (which will be
filed and served by the solicitor) and orally argues the case.

In Spain, the procurator merely signs and presents the papers to the court, but it
is the advocate who drafts the papers and argues the case. In some countries,
like Japan, a scrivener or clerk may fill out court forms and draft simple papers
for lay persons who cannot afford or do not need attorneys, and advise them on
how to manage and argue their owncases.

ADVOCACY (WRITTEN AND ORAL) IN ADMINISTRATIVE


HEARINGS:-

In most developed counties, the legislature has granted original jurisdiction over
highly technical matters to executive branch administrative law. In a few
countries, there is a special category of jurists with a monopoly over this form
of advocacy; for example, France formerly had counsels’ juridiques (who were
merged into the main legal profession in 1991). In othercountries, like the

24
United States, lawyers have been effectively barred by statute from certain types
of administrative hearings in order to preserve their informality.

CLIENT INTAKE AND COUNSELING

An important aspect of a lawyer’s job is developing and managing relationships


with clients (or the client’s employees, if the lawyer works in-house for a
government or corporation). The client-lawyer relationship often begins with an
intake interview where the lawyer gets to know the client personally, discovers
the facts of the client’s case, clarifies what the client wants to accomplish,
shapes the client’s expectations as to what actually can be accomplished, begins
to develop various claims or defenses, and explains her or his fees to theclient.

In England, only solicitors were traditionally in direct contact with the client.
The solicitor retained a barrister if one was necessary and acted as an
intermediary between the barrister and the client. In most cases a barrister
would be obliged, under what is known as the “cab rank rule”, to accept
instructions for a case in an area in which they held themselves out as
practicing, at a court at which they normally appeared and at their usualrates.

LEGAL ADVICE:-

Legal advice is the application of abstract principles of law to the concrete facts
of the client’s case in order to advice the client about what they should do next.
In many countries, only a properly licensed lawyer may provide legal advice to
clients for good consideration, even if no lawsuit is contemplated or is in

progress. Therefore, even conveyances and corporate in-house counsel must


first get a license to practice, though they may actually spend very little of their
careers in court. Failure to obey such a rule is the crime ofunauthorized.

25
CONCEPT
OF
INTERNSHI
P

26
CONCEPT OF INTERNSHIP
MEANING

Internship plays n important role as an integral paert of law student life.


Internships provide an opportunity for students to link theory with practice and
further serve as a temporary labor pool for those agencies that have committed
to Participate in the internship program. The department fulfills its mission of
preparing Students for significant professional and managerial positions in the
public sector. Relevant professional development topics and workshops are
discussedweekly.

BENEFITS OF INTERNSHIP PROGRAMME

Under internship programme the interns gains valuable work experience and
also a time to decide the right career choice. It helps in gaining confidence by
attaining practical knowledge and new problems of cases and their execution in
court premises. Internship allows interns to acquire practical knowledge and
abilities offered by the professional world which they wish to form part of, and
at the same time to improve theirCV.

Legal internships provide an opportunity for students to increase their


knowledge of substantive areas of law, gain exposure to a real work
environment and provide valuable support to a legal employer. Anincreasing

number of law schools, paralegal programs, legal


secretarial schools and other legal educational institutions require the
completion of an internship as a prerequisite to graduation. Some internship is
paid although many are not. However, most internship programs allow students
to earn schoolcredit.

27
As the legal field becomes more complex and legal employment
opportunities proliferate, the traditional internship has evolved. Now a
number of different experiential opportunities for the legal student exist
including judicial clerkships, legal clinics, summer clerkships, legal
externships and pro bono projects. These programs place students in law
offices, courts and public interest organizations with the goal of
providing real-world legal experience under the guidance of faculty
members, licensed attorneys and sitting judges. While your school’s
career center is the first place you should look to find an internship, a
number of internet sites also maintain lists or links to internships.

There are various benefits to the students of the internship. We stole the
following benefits of the internship opportunity:

1. REAL WORLDEXPEREINCE:
Participating in an internship allows a law student to gain a better
prospective of post-graduation employment by applying the principles
and theories one has developed in the classroom. This practical
application creates an easier transition for them from the classroom to the
workingworld.
2. CHOICES:
May be if they work well with the computers or maybe you discovered a
passion for some other field of law. With the knowledge and experience
they gain from their internship they can be in a better position to make
choices about your future career.....................................

3. NETWORKING:

An internship facilitates the development of professional contacts .These


contacts may be helping them in the future by acting as a reference for
28
another or assist them in securing full time employment.

4. PERSONALDEVELOPMENT:

They further develop a personal work ethic and are able to investigate
their career interests and prospective career goals. Additionally an
internship enables them to develop specific skills and knowledge related
to their interests............................................................
The internship provides the student the technical know-how of the theory
they learn in the classes. Regular court visits enables the students or
intern to see and learn the various court activities, court procedures and
hearing. All this leads to the overall development of the intern and adds
to their existingknowledge..

29
INTERNSHIP
OBSERVATION

30
CASE FILES

During the initial days of the training, I was introduced to the clientele by being
given the task of reading and maintaining the case files and updating the same
as the dates of hearing passes by. I was also provided with a Court Diary for
keeping a track of the Court hearing dates as well as keep a brief of court
proceedings.

During the study of such files, I come across many facets of the civil and
criminal cases as follows –

1. CIVILCASES

➢ The files are divided into four parts – The Pleadings, the Documents,
the Orders and the miscellaneousdocuments.
➢ The Stages of the civil case are as follows–
● Initial plaint with the facts and circumstances of the case and
the reliefclaimed.
● Written Statement filled by the Defendant which is a counter
reply to the plaint filled in the court by thePlaintiff.
● Rejoinder or replication filled by the plaintiff which is a reply to
the Written Statement of theDefendant.
● Evidence Stage of both theParties.
● Documents and theirdenial/admission.
● Interlocutory application for various other interimreliefs.
● Examination & Cross-Examination of the witnesses (through a
Written Affidavit, which has been duly prescribed through a Court
Judgment in CivilCase).
● FinalArgument

31
➢ After every hearing of the Court, within a span of 4-5 days, the
Court orders are available on the Court Websites –
[Link],
[Link]&[Link]‘eLegal
ix’ database etc. I was required to take out the printout of such
courts orders and update the files in chronological order. These
Orders are later referred to for preparation for the next date of
hearing in the courts. These internet Orders cannot be used for any
legal purposes but in case any such Order is required for any legal
use, which may include the written the Cross Examination and
Statement of the witnesses or the final orders, one can apply for
Certified Copy in the Court through a certified Copy Form. A copy
of the
CertifiedCopyFormisannexedwiththisreportforimmediatereference.S
uch a Certified Copy has a legal identity and can be used a various
agencies.
● In all the files, before being taken up, the Client is required to sign a
Vakalatnama or a Declaration Representation which enables the Counsel
to appear in the Court of Law and the original has to be submitted to the
Court before appearing on behalf of the respective parties as their legal
counsel in theCourt.
● All the plaints and legal document require a specific Court value and the
suits need suit valuation before being filed/ submitted in the Court of
Law. Fore.g.
● For Vakalatnama – 1 Rs.2/- Advocate Welfare Stamp of Rs.5/- and Court
fee ofRs.2/-
● For Process Fee From – Rs. 2/- (Court fee for No. of pages isdifferent)
● For Certified Copy From – Rs.4/-
● For File Inspection from – Rs.5/-orRs.10/-
32
● The suit valuation and stamp duty of suit is calculated by a specific chart
given in the Court fee stamp Act 1899 and the suit Valuation Act 1887.
They are to be referred in case of high value are given through Stamp
Papers of respective Value issued by the State Bank Group (at Tis Hazari
State bank of India for Delhi DistrictCourt)
● Before filling of any of the pleading in the court, giving due respect to the
Principle of Natural Justice, the respective Counsels are required to send
the advance copy of the same to the other party and the receipt of such
serving is to be attached with the plaint at the time of filing to thecourt.

● Such a notice of motion or serving of the advance copy is usually


preferred by the Indian Post. For process fee and summoning of
defendants,thereisaspecificfromwhichisissuedbytheIndianPostalService
which has to be used to do the same. The copy of the said form is
annexed with this Report.
● I also had the chance to file a few RTIs with various Government
Agencies.
● Some civil matters I wentthrough-
● Writ Petitions and Special LeavePetition
● Declaration and Partition ofProperty
● CivilDefamation
● Matrimonial Disputes for maintenance and custody ofchild
● Divorce by mutualconsent
● Complainants against Administrative actions @ Armed Forces Tribunal
(AFT)
● Recovery of outstanding dues of corporateFirms
● Succession & inheritance disputecases
● Eviction of Tenant and RentControl
● Injunctioncases

33
● RTI Appeals ( under Right to Information Act2005)

2. CRIMINALCASES
● The files in the Criminal cases are similar to that of the civil cases
expects the fact that the parties to such cases are State (compulsorily), the
Complainant (in some cases) and the Accused (persons). The cases for
the State are by the Public Prosecutor who is the agent of the state
whereas the Accused is at liberty to choose his/her counsel and take legal
advice.
● The criminal case range from specific bail matters to accident cases and
MACT (Motor Accident Claims Tribunal), cases under domesticviolence

and dowry harassment (U/s 498 A of the Indian Penal Code), as well as
Murder, Criminal Defamation, Cheating, Forgery, Fraud, Criminal
Breach of Trust, Criminal Misappropriation, Adultery, Dishonor of
Cheque U/s 138 of the Negotiable Instrument Act 1881etc.
● In many cases, our Counsel has been successful in making the courts take
cognizance of offence in cases U/s 156 (3) and 200 of the Criminal
Procedure Code when the Police failed to take any action even on the
complaint of the Petitioner and the court may direct the police to take the
investigations (U/s 156 [3] of the Cr. P. C) or may take over the
investigation itself (U/s 200 Cr. P.C.). In such cases, the criminal
complaint is under the consideration of the Courtitself.
● There are two types of warrants issued against the accused – Bailable and
Non – Bailable, in bailable cases, the SHO can grant bail after filling the
bail bonds and in non – bailable cases, the accused has to appear in court
for bail. In many petty criminal cases, bailable warrants are issued against
the accused. In case of non – appearance, the court can issue non-
bailable warrants for compelling appearance of theaccused.
34
● I learned to fill a bail bond in a case where a non bailable warrant was
issued against our client for non appearance in a dishonor of chequecase.
● In one of the discussion, I came to know about the Test Identification
Parade where in the articles of the offence (for eg. – robbery items)
sealed by the Duty Officer at the time of recovery, produce them before
the Court for identification and evidence/charge decision in such cases. In
case of absence of such seal on the items, the court, at its discretion, can
recognize non-admissibility as such evidence articles and render them as
tampered andillegible.
● In matrimonial cases of criminal nature, like that u/s 498 A of the Indian
Penal Code 1860, the Court may direct the parties formediation

settlement before taking cognizance of the Offence and taking any


adverse action against either of theparties.
● There are many criminal cases with a civil nature and vice versa, in such
cases, the court, may or may not, proceed with the cases separately or
together, with due consideration to the facts and circumstances of the
case.

MAKING OF PLEADING(S) AND OTHER INTERIM APPLICATIONS

There are many pre-requisites to the pleading before being filed at the Court for
a case. They are as follows:-
Notice ofMotion

● List ofDocuments
● Index
● Memo ofParties
● Receipt of Advance Copy being sent to otherparties
● Plaint with facts and circumstances of thecase
● Cause ofaction

35
● Jurisdiction clause of thecourt
● Declaration of no alternate efficaciousremedy
● Prayer / ReliefClaimed
● Affidavit of Deponent withVerification
● List of witnesses (ifany)
● Annexure/document of thePlaints
● Ample research to support your relief orclaim.

➢ The parties to a case (criminal and civil both) can file interlocutory
application which is a kind of interim relief during the pendency of the
suit/complaint case. Any order passed henceforth on such application is
known as interlocutory Decree orOrder.
➢ Vide a recent judgment; it has been made mandatory to fileWritten
Evidence by way of Affidavit in civil cases at the stage of Witness
Evidence in a suit.
➢ InacircularcirculatedoverthedistrictcourtandtheDelhiHigh
[Link] Courts have requested that all the research work/ Court
judgment being relied upon by the Councils in the cases shall hand over a
copy of the same to the Presiding Officer at the time of hearing.

36
OBSERVATION AT THE COURT ROOMS

● Ahlmad Room– Each district court, Irrespective of being civil or


criminal, has an Ahlmad Room, which is a record room or file room for
each of the Courts. These rooms are meant to maintain the judicial files
which are kept according to the dates and others. It is the task of
the record- keeper to send the files to the court on the date of hearing.
After the dismissal of the cases, it is sent to the recordroom.

● Cause List - Each Court has a Cause List, which is systematic


arrangement of Court Cases to be heard on one day. This cause list is
available at the Court door and on the Court websites as well after putting
in the requisite information. Call outs are made according to the order in
such cause lists at theCourt.
● Court Lock - Up– Each court complex has its own Police Lock up
where the arrested Accused persons are kept before being bought before
the Hon’ble Magistrate for extension of Judicial or Police Remand.
Recently, the Delhi police have also started a Video Conferencing
Facility wherein the Magistrate can grant ‘Rehnumai’ or extension over
the Video Conference with the accused Persons from the Respective jail
complexitself.
● Case Status- The Court Clerk of the Judge/Magistrate has to update the
Court website everyday with the respective orders in the cases given by
the Presiding Officer. This new electronic Form of case status is very
Convenient and user friendly as well as fast and efficient. With a click of
a button, one can find a case with all its respective details on the court
website and get instantly updated about last Courtsproceedings.

37
● Nayab Court -The Nayab Court is the representative of the Police
Present in the all the Court. His duty is to keep track of the Police cases in
the Court, the reporting of such court proceeding to the respective IOs
(Investigation Officers), summon them and assist the court vis-à-vis the
Police under its local jurisdictionlimits.
● Record Room –The Record Room is where all the Court files are kept.
Whenever any person or Counsel wants to inspect the case files, one can
apply for inspection through a Form along with the respective Court
Room Reference Number and Court stamp of Rs. 5/- ( for ordinary
inspection) and Rs. 10/- ( For urgentinspection).
● Passes -The Supreme Court and Delhi High Court has a system of Court
Pass wherein the Litigants and Other Staff apply for Pass through a Form
which is counter signed and recommended by a legal Personnel. It has all
the important details of the applicant and the purpose ofpass.

38
CASE STUDIES

40
COURT: DATE : 15 MAY 2019

TIS HAZARI

IN THE MATTER OF :

STATE

Versus

DHARMENDRA KUMAR

Subject matter dealt with :

The above said case dealt with sections 363/376D of Indian Penal Code &
sections 3 & 4 of POCSO Act.

Procedure Observed :

Sections 363/376D IPC talks about :

Section 363 IPC talks about kidnapping and section 376D IPC states the offence
of gang rape with a woman. Sections 3 & 4 of Protection Of Child from Sexual
Offences Act discusses about the sexual offences committed against children. In
our case, the charge has already been framed, witnesses have been summoned
as well as been cross – examined. Also, the statement of the accused has been
taken intoaccount.

Observation :

In this case, an 8 year old girl alleged that she was raped by a man. She said that
the alleged man oftenly came there to collect lose money but that day he
41
convinced the girl to come with him. According to her they went into a park 7
then the man raped her. The complaint was registered at P.S. Karol Bagh. The
police arrested the accused and the girl identified the man in front of the court.
Also, medical report clarifies that the girl was raped and the case is pending in
Tis Hazari Court. The next date of hearing held was 20th October 2019.

42
COURT: DATE : 17 MAY2019

TIS HAZARI

IN THE MATTER OF :

Ashok Kumar Gupta

Versus

Ram Avtar Verma & Anr.

Subject matter dealt with :

Extortion

Procedure Observed :

To summon the accused. The case in discussion is a complaint case.

Observation:-

The above case was brought in the court of RAKESH KUMAR RAMPURI (MM). In
this case, the complainant said that some persons wanted to extort money from him by
inducing imminent danger to him and his life and also threatened to kidnap his son if
he fails to deliver the requested sum of money
i.e. 25 lakhs. On the other hand, it was also informed that accused persons are
demanding money as according to them, the complainant was liable to pay the
money as he lost that money in gambling and betting. The police did not
register the complaint and therefore, the complainant filed a complaint case
before the Hon’ble Court

43
COURT: DATE : 20 MAY2019

TIS HAZARI

IN THE MATTER OF :

STATE

Versus

AJAY @ NATHU @ SUNNY & Ors.

Subject matter dealt with :

Producing of accused by the police before the Court.

Procedure Observed :
For noting down the statement of the accused and frame the charges on him, the
accused was produced before the Court.

Observation :

In the Room No. 74 of Tis Hazari Court, in the court of Shri. Dinesh Bhatt,
MM, the accused Ajay @ Nathu @ Sunny was produced by the police before
the court in order to get the statement of the accused. In this case, police went to
the accused’s house in order to arrest the accused and some of his accomplice
for some other offence but as the policemen reached his home and demanded
his arrest, he and his family members started firing upon them which resulted in
grievous injuries to the policemen and then the accused with his family
members ran away. The police arrested the accused some days later and framed
charges like attempt to murder in section 307 IPCetc.

44
COURT: DATE : 8 JULY2019

TIS HAZARI

IN THE MATTER OF :

STATE

Versus

KIRANKALIA

Subject matter dealt with :

The case was under section 376-D and section 120-B of IPC.

Procedure Observed :

Cross examination was going on the statement given by victim under section
164CrPC.

Observation :

The statement was recorded under section 164 CrPC where the girl has made a
contradictory statement before the Magistrate and after that the accused persons
got bail by getting benefit of the statement of the prosecutrex recorded under
section 164 CrPC. Case is pending before the Special Magistrate Ms. Nivedita
Sharma, ASJ, Tis Hazari court, Delhi and prosecution evidence is going on .

DETAILED VERSION OF THE CASE :

POLICE VERSION / STORY OF PROSECUTION

Kiran Kalia’s case is under section 376 D and 120 B IPC. In this case the
prosecutrex alleged that accused Kiran Kalia was known to her for the last
about 2 month and she lured her by saying that she will send her to some male
persons and she will get good money. The prosecutrex was tempted by her offer
45
and

46
started visiting Kiran Kalia. On this Kiran Kalia used to give her Rs.500 to
please a male.

On 8 August 2017 at about 3 p.m the prosecutrex reached at the residence of the
Kiran Kalia and around 9 p.m Kiran Kalia got a phone call from one Ajay and
after attending phone call Kiran Kalia told her that Ajay was his old
acquaintance and she used to sell girls to him. After that Kiran Kalia directed
her that she has to go to Hari Nagar where one person will be there and she has
to spent whole night with him. The deal was struck for Rs.3000, out of which
Kiran Kalia promised her to give Rs.500 thereafter the prosecutrex and Kiran
Kalia came to Vir Bazar, VikasPuri.

After sometime two boys who came on a motor cycle meet them near PVR,
Vikas Puri and out of those two boys one boy name was Ajay. At the instance
of Kiran Kaila the prosecutrex sat on the motor cycle with them and thereafter
those two boys took her to a flat at Dwarka where two persons were
already there. The prosecutrex talk to Kiran Kalia on phone and informed
her that there are four person, thereafter Ajay also talk to Kiran Kalia then the
prosecutrex did not agreed. However both the boys who brought her from Vikas
Puri and the remaining two had sexual intercourse with her turn by turn against
her consent. On this she raised a noise and on this they directed her to keep
quite and said that they will leave her at her place and thereafter two boys out of
one was sitendar and the other one made her to sit between them and started on
theroad.

The Prosecutrex saw a Police and raised an alarm. On this both of them threw
her on the road and left. She can identify the three, one is Ajay, other is Sitendar
and the remaining one can be identified if he can brought before her. She can
identify the place of crime and also the residence of Kiran Kalia.

The statement of 164 was recorded where the girl has made a contradictory
statement before the Magistrate on 13 August 2017 and said as under :
47
She reside at her residence with my parents, brothers and sisters.

One day she meet one Kiran Kalia who assured her to get a job, thereafter she
took her to her residence where Kiran kalia used to call boys and used to force
her to have sex with them and Kiran Kalia used to give her Rs.100.

On 8 August 2017 Kiran kalia had called her on phone and sent her to Dwarka
at one flat with two boys and there the boys made physical relation with her
consent.

The deal was struck of Rs.4000 but the boys gave her only Rs.1000, thereafter
left her to Vikas Puri and from there she went to kiran kalia residence and
narrated the whole story and thereafter she came to police Station with Kiran
kalia and at the instance of Kiran kalia she gave the statement to the Police.

After completion of investigation chargesheet has been filed and the case was
put for trial. The accused persons got bail by getting benefit of the ststment of
the prosecutrex recorded under section 164 of [Link] the case is pending
before the Special designated court of Ms. Nivedita Sharma ASJ, Tis Hazari
Court, Delhi and Prosecution evidence is going on.

48
COURT: DATE : 10 JULY2019

TIS HAZARI

IN THE MATTER OF :

STATE

Versus

DEEPAK GOEL

Subject matter dealt with :

The case was under Section 420, 467, 468, 471, 120-B and section 34 IPC.

Procedure Observed :

Lawyer of the accused argued in the court that the accused should get Interim
Bail.

Observation :

Accused’s tried their level best to come out from the jail but their bail
applications were rejected , however they later on entered into a settlement
before the Mediation Centre and gave a part payment of the accused of the
cheated amount and came out on interim bail but they did not fulfill their
remaining commitment , accordingly their interim bail was rejected by Rakesh
Kumar, ASJ, Tis Hazari Court , Delhi on 10 July 2019 and matter is now fixed
for framing of charges.

DETAILED VERSION OF THE CASE :


The main accused Deepak Goel was introduced with complainant Baldev
Sapra by co-accused Dharmendra Yadav who was known to complainant and
the complainant was having good terms withhim.

49
The introduction was pre-planned conspiracy. After the introduction the accused
Deepak Goel started visiting the factory of the complainant to win his
confidence. After first meeting Deepak Goel went again to the complainant
factory with his wife Chanchal Goel. Chanchal Goel informed the complainant
that his husband deals in properties and he can fetch good property at
reasonable rate.

The complainant had become very confident and trusted them. On the false trust
, the complainant was cheated at a tune about Rs.30 crores by showing deals
and giving forged sale deeds. On inquiry it was found that all the sale deeds
were fake and forged,then they were arrested and sent to jail after thecase.

The Accused persons tried their level best to come out from the jail but their
bail applications were rejected, however later on they entered into a settlement
before Mediation Centre and gave a part payment of cheated amount and came
on interim bail but they did not fulfill their remaining commitment, accordingly
their interim bail was rejected by the Rakesh Kumar, ASJ, Tis Hazari Court,
Delhi on 12 August 2019 and the matter is now fixed for framing ofcharges.

50
COURT: DATE : 11 JULY2019

HIGH COURT OF DELHI,NEW DELHI

IN THE MATTER OF :

M/S. Lemon seeds Agro farms Pvt. Ltd.

Versus

M/S. Hindustan Insecticides Ltd.

Subject matter dealt with :

Suit for recovery of damages due to breach of contract.

Procedure Observed :

Listing of documents before the court.

Observation :

In this case, the defendants requested a list of prices of fruits & vegetable seeds
from the plaitiff and then ordered the vegetable seeds to the plaintiff. The
plaintiffs accordingly managed the given order and the material requested and
made a bill of Rs. 6,19,487. But, did not get any response from the defendant.
The plaintiff suffered a huge amount of loss due to non-responsiveness of the
defendant. Therefore, the plaintiff demanded a sum of Rs.13,47,059 after
adding the packaging cost of Rs.60,000 as well as rent cost rendered due to safe
storage of the order.

50
COURT: DATE : 17 JULY2019

ROHINI COURT

IN THE MATTER OF :

STATE

Versus

Bakshish Singh

Subject matter dealt with :

The case was under sections 186/353/333

Procedure Observed :

The witness was Cross Examined.

Observation: The above mentioned case is stated in the court of Abhilash


Malhotra (MM), Rohini Court. The case is registered under FIR No. 701/05,
P.S- Prashant Vihar. The case dealt with offence of obstructing public servant in
discharge of public function, assault or criminal force to deter public servant
from discharging of his duty and voluntarily causing grevious hurt to deter
public servant from his duty. The statementof Sh. Het Ram, S/o [Link],

R/O Budh Vihar, near sector 23 Rohini,Delhi was recorded as he was being
Cross Examined as the witness of the above mentioned case. After cross
examining the witness and recording his statement, the next date of hearing was
given as 19 July 2019.

51
COURT: DATE : 15 JULY2019

TIS HAZARI

IN THE MATTER OF :

STATE

Versus

Shailender @ Monu &Anr.

Subject matter dealt with: The case was registered U/S


365/376/392/411/506/342,IPC.

Procedure Observed :

I.O was called before the court for the statement.

Observation : Room no. 126 in Tis Hazari court is the fast track court of Ms.
Nivedita Anil Sharma (ASJ). The above mentioned case deals with the offence
of kidnapping and rape of a girl. The case was registered at P.S- Raja Garden.

The I.O statement was being taken and recorded. one of the accused Shailender
was present in the court and the other was called from the jail. The Additional
Session Judge Ms. Nivedita Anil Sharma also questioned one accused
Shailender. Since the court is a fast track court the next date of hearing was
given by the judge i.e 27th July2019.

52
COURT: DATE : 16 JULY2019

TIS HAZARI

IN THE MATTER OF :

HARJEET KAUR

Versus

SURENDER SINGH SEHAMBI

Subject matter dealt with :

Section 156(3) CrPC, Section 200 CrPC, Section 494 IPC, Section 491 IPC,
Section 506 IPC, Section 13(1)(i-a).

Procedure Observed :Under the court of Shri Dhirendra Rana, we had to


submit affidavit of Mrs. Harjeet kaur but the Judge was on leave on that day.

Observation :

I observed that when a complaint is file in a Bigmay case, the police refused to
lodge FIR as it is a non-cognizable and bailable offence, then with the directions
of court, complaint is to be filed under Section 200 CrPC.

I learned Various Sections such as :

Section 156(3)CrPc – Magistrate may order for an investigation after lodging


FIR in cognizable offences.
Section 200 CrPC – Magistrate taking cognizance of offence on complaint.

Section 497 IPC – Adultery

Section 494 IPC – Bigmay

Section 506 IPC – Criminal intimidation punishment, if threat to be cause death


or grevious hurt, etc. (Non-cognizable) (Bailable).

53
COURT: DATE : 28MAY2019

ROHINI COURT

IN THE MATTER OF :

SANJAY VERMA

Versus

DHARMENDRA SINGH RAWAT

Subject matter dealt with :

Filing of Status Report.

Procedure Observed :

Matter was fixed for filing of status report of Police. I.O was not present. Issued
notice to I.O for filing of status report on next date of hearing.

Next date of hearing : 30 JULY 2019.

Observation :

The case was fixed for submission of the status report by the Investigation
officer but I.O was not present and the the court issued notice to the I.O. to
submit status report on the next date of hearing i.e. on 30 JULY 2019.

54
COURT: DATE : 12 JULY2019

TIS HAZARI

IN THE MATTER OF :

A.K. PANDEY

Versus

RANJAN HANDA

Suject matter dealt with :

Section 138 of Negotiable Instrument Act 1881.

Procedure Observed :

At present the case is set for cross examination of defendants.

Observation :

At present the case is set for cross examination of defendants. Honb’le Judge
asked to reappear at 2.30 pm for cross.

55
COURT: DATE : 12 JULY2019

TIS HAZARI

IN THE MATTER OF :

Jugal Kishore

Versus

Saurabh Sharma &Ors.

Subject matter dealt with :

Section 138 Negotiable Instrument Act,1881.

Procedure Observed :

Complaint case. Under Complaint Case No. 939/1/15.

Observation :

Since there was a strike, I as an intern appeared before the court on behalf of my
senior Advocate Sh. JAI KISHAN.

The judge Ms. Riya Guha (MM), court no.264,Tis Hazari, gave two dates, one
for mediation i.e 28th July 2019 and the other one for court proceeding i.e 25 th
August 2019.

56
COURT: DATE : 28 MAY2019

TIS HAZARI

IN THE MATTER OF :

Surender Kumar prop.

Versus

Sh Balaji steel articles &Anr.

Subject matter dealt with :

The case was under Section 138,Negotiable Instrument Act,1881.

Procedure Observed :

Cc no. 263/1/14 & 262/1/14

Observation :

The case was registered under section 138, NI ACT,1881.


In this case the judge Ms. Riya Guha (MM), stated for the transfer of case to the
same area where the complainant has his bank account, i.e under the jurisdiction
of Dwarka Court.

The next date for the matter was stated as 6th October 2019.

57
COURT: DATE : 31 MAY2019

TIS HAZARI

IN THE MATTER OF :

STATE

Versus

SURYA KANT SHARMA AND ORS.

Subject matter dealt with :

Section 498-A, Section 406 and Section 34 IPC.

Procedure Observed :

Matter of supply of challan to accused persons.

Observation :
The case was listed for supply of copy of challan to the accused persons but the
presiding officer was on leave. I observed that in any case where the proceeding
has been instituted on a police report, the magistrate shall without any delay
furnish to the accused free of cost the copy of complete set of final report or
chargesheet.

58
CONCLUSION

It is absolutely impossible to conclude one’s experience and experimental


journey; likewise, it is impossible to conclude one’s training process because
with each step and every level of difficulty a new and more proficient
personality is born.

As from my above submissions in the project it can be easily construed that my


experience of the legal arena was very exciting and proactive. But sometimes I
felt a bit obtuse in understanding and absorbing the procedures and different
legal dogmas.

Initially during my training I felt as a destitute in the legal field but it was the
guidance and enlightenment by my mentor which gave me confidence and zeal
to work and therefore learn step by step. I would like to thank respected sir for
his vision and guidance throughout this programme. He unstintingly shared
hisextraordinary knowledge of the field of Law and litigation and the
technically related challenges associated with it, helping me get up to speed in
an area with which I had little previous familiarity. His passion for finding
solutions to the issues addressed in different day to day challenges in cases has
been a source of inspiration.

Assistant Professor Ms. DIVYA KATARIA, of Law at Chander prabhu Jain


College of Higher Studies and School of Law, was tremendously supportive of
the work on this project and continues to serve as exemplary models of both
scholarly productivity and collegiality. She gave very generously of her time to
provide useful background information on the scope of the issues associated
with Law.

In the end, I would like to opine that the real legal practice is absolutely
59
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, but what we have learned from this internship is the
mechanism of thisbody.

I was surprised to see how the simplest of laws were applicable in the most
difficult of situations and how loopholes leave so much scope for evolution and
improvisation today in this field. I also observed that law is everything but
constant but with the same soul as that of a human. In other words or as that of
our Counsel, laws may come and law may repeal, but they must always stay
true to our original values and in case of laws, they must always be faithful to
the Constitution, which is the most supreme law of the land and governs all
equals and unequals in respect of eachother.

To conclude, I would like to state that like the arrow goes forward only after
pulling in to backward, bullet goes forward only after pressing the trigger
backward, likewise, every human being will get happy only after facing the
difficulties in their life path….so do not afraid to face your difficulties. They
will push youforward.

With a vote of thanks and gratefulness for reading this report thoroughly and for
giving me this wonderful opportunity to grow my vision in this field, I conclude
this report with a great lot in my mind.

60
MY EXPERIENCE

It was a great experience working under the guidance of Senior Advocate JAI
KISHAN and his juniors. Everyone is very cooperative and understanding.
They guided me at every step and helped me in learning the technicality of legal
world. They taught me how to deal with clients in this problems. I am thankful
to Senior Advocate JAI KISHAN and his juniors, my college, my teachers for
their guidance and help without them this project could never be reality.

61
REFERENCES
I was allowed to use internet library for research work of the cases. Sir had
explained me how to use the citations and how to research the case digests and
commentaries for the case proceedings.

The judgments and facts/doctrines hence forth used are photocopied for the use
of the Counsel and for the Court.

Some of the sources of my research work are –

● Manupatra
● Recent CivilReports
● Supreme Court CriminalDigest
● Supreme Court CivilDigest
● Lawyer’s ClubIndia
● E-Judis
● eLegalix
● Many other commentaries and internetsurfing

62

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