408819753 Internship Diary 3 Faheem PDF

Title 408819753 Internship Diary 3 Faheem
Author Ashish Loya
Course LLB LAW (Honors
Institution Osmania University
Pages 26
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File Type PDF
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Summary

Warning: TT: undefined function: 32INTRODUCTIONI R ABDUL WAHAB Reg: no: BA 0130020, 5th year, BALLB( Hon) Tamil Nadu National Law school, Thirichirapalli, Submit the internship dairy for the year 2015 - 2016-On my request to undergo internship programme in T Gopalan & CO. got permission from...


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INTRODUCTION I R.FAHEEM ABDUL WAHAB Reg: no: BA 0130020, 5th year, BALLB( Hon) Tamil Nadu National Law school, Thirichirapalli, Submit the internship dairy for the year 2015 2016On my request to undergo internship programme in T.S Gopalan & CO. got permission from the authority. Also the same was approved by the Tamilnadu National Law School, Tiruchy.

STUDY ON THE FIRM My internship experience at T S Gopalan & Co, one of the leading law firm handling labour and civil lawswas just satisfactory. I interned under an Advocate who is one among the five partners of the firm. I got into the firm through a reference and the firm also takes people for internship only through reference or contacts. If you happened to know any of the partners of the firm through any of your friends or relatives, all you have to do is to call them and ask for internship. Based on availability, you will be provided internship. When I contacted them through phone, I was asked to forward my resume to their mail id and after that I met them personally and joined for the internship program. They were sweet & did not ask much of questions and simply asked about the institution where I study, about the timings of internship. The timings of the internship was also flexible and if you are a college goer, timings will be adjusted according to it or if you come from a different place, you can even work there for full time based on your convenience. The interns were given an option of working during Saturdays or not.

Nature of work For few weeks, I accompanied them to the court halls and I was asked to observe the court proceedings. There was not much of work given to me other than checking for item numbers and calling them up before their case comes for hearing. After observing the court proceedings, I was asked to come to their office for working. The work which was given to me mainly consisted of legal research.

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I was asked to write articles based on various legal concepts, frame FAQs based on various legislation, read judgments and make a brief note about it. Favourable and Unfavourable terms of internship Now I would like to mention about the good things about the office initially. The office has very good infrastructure, The interiors were all good and elegant making it a friendly environment to work with. There were separate cabins for each partner, a big conference hall, a waiting hall and a place for accommodating other associates and interns. Based on the availability of system, interns will be allotted system or laptop to work with. I was given a laptop to work with, in a comfortable place. I was asked to prepare a folder for myself and store all the works done by me in the particular folder. The office has huge collection of legal material. It has good collection of books like SCC, Various legal magazines, all kinds of journals, manuals, bare Acts and textbooks. They also had access to online legal sites like SCC online. My internship gave me the opportunity of going through various journals and read various judgments. The Associates of the office were very friendly and easy to approach. When the advocates are busy with their works, you can also ask for work from the Associates. Most of the Associates were my my college alumni and therefore they were very friendly and I had opportunity to interact with them about the kind of work and exposure. Since there were no other interns during the period when I interned, I was also to interact only with the Associates and lawyers who worked in the firm. Even the Advocate with whom I interned was ‘down-to-earth’ and friendly. The Associates would give me works like preparing cause list, dockets, sending mails to clients etc. I was free to leave the office once I’m done with my work after informing the Advocate. Another good thing about the office was that I was given coffee and snacks everyday during evening time. Food will also be available sometimes. Other than that, there were also restaurants near by and places to hang out and finding a PG near by wouldn’t be a difficult task. Since the office is situated in the main road, it is very easily accessible by any means. As I reside very near the firm, I was even more comfortable interning there. I had exposure to talk with various clients who also included big shots and management of big corporate. There were cake cuttings done during the birthdays of people who work in the firm. The birthdays of two associates fell during the period of my internship and I had so much fun. Bad things Now coming to the negative side, the work which was given mainly consisted of legal research alone.Drafting was never given either to interns or to associates. Every time, I had to go and ask them for any works to be done and the works which were given was also repetitive, clerical and frustrating. The folder which was created by me for storing my works was not checked by them to suggest any improvements.

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Even in the court halls, I was not explained by any procedure and was asked merely to observe the proceedings which I would say would not serve any purpose. I was not taught of anything and only when I take my own initiative and raise doubts, I was able to learn a little. To conclude, I would say that this place is suitable for people who area of interest is labour law and who wanted to practise in labour law and related field. If you are a person who wants to explore and learn things out of your internship, this is not your ‘cup of tea’. This place is apt for people who would patiently do all kind of office works and feeling contended with it. Internship Diary Day 1- 27th May 2015 On the first day I visited the madras high court, with the junior advocate Mr.Guna, Courts are regarded as the temples of justice. Any person who is aggrieved by the acts of another takes his resort in courts to gethis grievances. For every law student who intends to pursue his career as a lawyer and is preparing to develop his career plans ,he will be much benefitted if he gets an opportunity to observe closely the procedures carried out in the courts. Day 2- 28th May 2015 On this day I decided to explore the court even further as this was my first internship, Junior council Mr.Guna took me to every court rooms in the entire complex and shown me everyarrangements done in the High Court complex for the aid of the advocates. Day 3- 29th May 2015 Mrs. Kavitha Balakrishnan, One of the patners gave me some tally work for the firm. Without her support this wouldn't have had happened. Day 4- 30th May 2015 It was my first Saturday at the firm. I continued the work assigned to me on the previous day by Mrs. Kavitha Balakrishnan. Day 5- 31st May 2015 It was a Sunday, and it was a half day at the firm. I had gone with Mr.Guna for fulfilment of some duties for the firm. Day 6- 1st June 2015 On this day I had assisted Mr. Anand a senior advocate of the firm. For this Iexpress my sincere gratitude to him.Adv. Anand (Advocate at Madras High Court), I am so grateful to his guidance and assistance he provided for me at the HighCourt.

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Day 7- 2nd June 2015 On this day we had gone to the registrar of the High Court and I had a chance to talk with him and understand the filing and despatch sections and had a chance to understand its working. Day 8- 3rd June 2015 Case name: palanisamy v. inspector of police ( crime no: 146/2016) The petitioner aged 50 years is a cooly worker. The police has registered a case under the sec 6(4) TNSC (RDCS) order 1982 r/w 7(1)a(ii) of essential commodity act 1955 on 11.12.2016 for carrying 100 kg of ration rice. It is that the petitioner abandoned the vehicle and ran away. He pleads that he is innocent. So he asks for anticipatory bail. Case name: vellayan v. inspector of police ( cr.no.563/2016) The prosecution alleges that the victim woman chinnathayee was found lying unconscious and had injuries on her jaw and on her private parts on 25.10.2016 by her neighbor muthu pillai. So the victim gave a complaint. Later on 13.11.2016 the petitioner gave information to the inspector that the neighbor was the one who injured her due to previous enemity. She also told that he attacked her with a billhook. The case registered under the section 354(b), 324 and 307 of I.P.C. So the police arrested the neighbor. Now the accused seeks for bail stating that the police has no authority to record the confession as the date have passed for a long time. Day 9- 4th June 2015 Case name: senkottaiyan and ors v. inspector of police (c.m.p.no: 3918/2016) This is a second relaxation bail petition filed by the accused. The petitioner was charged under 147, 447, 427, 323, 506 (i) of ipc. And the petitioner was granted bail by the court. In c.m.p no: 3455/ 2016 with certain conditions at 10:00 a.m. he should sign in the police station. As the petitioners are laborers and the only breadwinners they requested the judge to grant them relaxation on the bail petition. 5

Case name: sankar v. inspector of police ( crl.m.p.n: 4324/ 2016) Respondent registered a case against the petitioner u/s 4(1)a and 4(1-a) TNP act and the petitioner was remanded to judicial custody on 2/12/16. Police arrested the petitioner because they were in possession of 20 liters of I.D arrack. The petitioner states that he is innocent and that he will obey to any orders/ conditions given by the court. So the petitioners requests for bail. From what I have learned is that usually they come to a mutual understanding and then they fix a date. So the accused must be in jail for certain days, then he will be released. Day 10- 5th June 2015 the public prosecutor told that he would give me different kind of cases everyday from the bail petition he deals with so that I could learn new sections. Case name: dinesh, ravikumar, ayisha v. inspector of police ( CMP.NO: 4381 / 2016) The petitioner states that a false complaint have been registered against him on 1.12.2016 under section 341(wrongful restrain), 392(punishment for robbery), r/w 397( robbery or dacoit with attempt to cause death or grievous hurt), 506 (ii) of IPC by the respondent i.e the police. One kavitha from ammapet gave complaint to the police that when she was going to a shop the accused came in a apache bike and parked it in front of her, they threatened her to give her gold chain at knife point. The petitioner/ accused plead for bail and they state that they are the permanent resident of that place and that they would not tamper the witness. But the prosecutor argued that he would tamper the witness and also that he would threaten the complainant. The next is regarding a anticipatory bail petition Case name: kumar and selladurai v. sub inspector of police (C.M.P NO: 4332/2016)

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The police registered a fir against the accused under the section 379 and 21(1) of mines and minerals ( development and regulations) act, 1957. The fact is that on 25.11.2016 about 5 in the morning the S.I.of police was on rounds. They conducted a inspection at dhanda four roads near the petrol bunk. During the inspection the police found out that the accused was illegally transporting sand from mettur worth 3000 rs. The accused also absconded the vehicle. So the police registered a FIR under the above the sections. So they applied for anticipatory bail petition.

Day 11- 6th June 2015 Today we dealt with a different kind of bail petition in which the accused failed to comply with conditions and then he re applied for extension of time for fulfilling the conditions of the bail. Case name: chinnakannu v. sub inspector of police ( C.M.P.No: 4396/ 2016) In this the case was registered against one rajkunar, p. saravanan, tamilarasan on 23.9.2014 on the report the given by one mani and a FIR was registered under 379 of IPC. It is said that while they were trying to steal the bell the petitioner helped them cover the bell with a bead sheet so that no one would see them steal, he helped them to commit the crime. Later he got anticipatory bail on 28.01.206 he was told to produce sureties within 15 days from granting the bail. The petitioner states that he was afraid of the police and went to theni there got sick with jaundice so he wasn’t able to move from that place. As undergoing treatment the doctor told him to not to travel. He delayed to fulfill the condition of producing the sureties by 305 days. So this above petition is to state the reason for the delay of the petitioner to fulfill the condition. chinnakannu v. sub inspector of police ( C.M.P.No: 4397/ 2016) This petition is to file again for the extension of time to produce the sureties, as there was a delay he has to file petition. 7

Day 12- 7th June 2015 Case name: mariappan v. inspector of police (cr.no.179/2016) Here the petitioner has submitted a bail petition. On 12.07.2016 at about 6.00 one arukkani gave a complaint to the police that on 11.07.2016 the complainant’s daughter committed suicide by hanging herself. After the investigation it was found that the petitioner has harassed her. So a case was registered under the section 174(3) Cr.P.C

(suspicious death) and

498(A), 306 IPC. The petitioner states that he is innocent and that he did not commit the offence. He is also under judicial custody from 09.12.2016. Case name: Rep. by all women police v. ranjith The accused no:3 was married to the complainant. The accused here requests for anticipatory bail. The accused states that he and wife started and quarreling and also that her mother would also threaten him that they complaint against dowry case. On 19. 8. 2016 they had a quarrel from some problem and her mother got admitted in the hospital and told that the accused beat her. The police used to call him for frequent interrogation even during night time. He has requested for AB stating that there is no complaint or FIR filed against him. on 19-09-2016 his wife lodged a complaint stating the his father used fire log to injure her so he was arrested. The police have registered under the section 498A, 324 & 506(ii) IPC. Day 13- 7th June 2015 Case name: thirumurugan V. inspector of police (C.M.P.No: 4400/2016) A FIR was registered under the section 323, 392, 506(ii) of IPC on 16.12.2016. The complainant thathapan had one and half acre of agricultural land. Athanurpatti pandyan bought 10 acres of the adjoining land. As there was no way for those 10 acres he asked for the complainants half an acre. The complainant refused to give so the accused threatened him also on 16.12.16 the accused and his people build a hut in his land and snatched the Rs. 10,000

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which he had for buying pipes. So now the petitioner seeks for bail and also states that it is a false accusation. Case name: habbar v. inspector of police( c.m.p.no: 4322/2016) In this I was given only the modification bail petition and other case weren’t given to me so only conditions put forth by the petitioner were known to me. The petitioners obtained bail on 15.12.2016. in the their modified bail petition they want ration card and voter I.D as their sureties. But the judicial magistriate-2 insisted to submit solvency certificates. They plead that the lengthy proceedings and inability to obtain sureties and expensive in nature. So they ask for modification. Day 14- 9th June As there is no court we had discussion regarding a revision petition filed by the public prosecutor. in the below mentioned case the judge has passed an order for an interim petition filed by the accused , so the prosecutor has filed a revision petition stating that the order passed by the judge is wrong and to reverse the judgment. After filing the revision petition the court has sent notice to the respondent/ petitioner stating that they must be present before the court on 6/01/2017 and if they fail to do so then the judgment would be given in favour of the revision petitioner. Case name: forest range officer v. k.balasubramanian Fact: on 17.5.2015 at 3 P.M the respondent’s son karthikeyan was carrying 11.200 kg sandalwood in the respondent’s car bearing reg.no. TN 37 BF 9615 illegally from the reserved forest and the revision petitioner caught hold of the vehicle in the yercaud check post and confiscated the vehicle under section 49 (b) of the Tamil Nadu forest act. The criminal proceeding is pending. The respondent filed for a interim petition to get the custody

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of the vehicle and the learned judicial magistrate No.VI Salem passed in favour of the respondent. So the revision petition was filed to get the custody of the vehicle. The points to argue for the revision petitioner are as follows: 

It is contrary to the well-established law and facts besides illegal.



The learned judicial magistrate failed to understand to the tenor section 451 of Cr.p.c and concluded as if the vehicle could be ordered to be released on terms. But as it transported illegally it should not be released in the interest of justice.



The vehicle in the accused name but based on the fact the father of the accused is the owner of the vehicle.



Also that this order is contrary to the judgment reported in AIR 2002 SC 221, AIR 2000 SC 2729, wherein it is uniformly decided that the vehicle used for illegal transportation from the reserved forest shall not be ordered to be released.



The lower court also failed to see that the if the interim custody is granted then the he would sell or alter the vehicle and the police would not be able to prove the prosecution case.

Day 15- 10th June Today was the discussion regarding the cancellation of bail petition A short brief about this case is that the petitioner/accused were in possession of a land in ayothiapattanam when the informant filed a suit for injunction and said that the property was his. The 2nd additional munsif favored the informant then it is overturned by the 2nd additional subordinate judge then again it was over turned in favor of the informant by the high court. In order to get the possession of the property the informant he bought materials build fences and

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the petitioner with the help of others stooped the informant with the help of police. The informant filed a FIR stating they damaged the crops under the section 379 of IPC. Case name: babu kumar and inspector of police v. madheswaran the petitioner is the complainant and he lodged a complaint on 13.07.2015 against the accused who stole his property worth Rs.1,30,250 from his agricultural land. And a FIR was registered under the section 379 of IPC. The accused filed for AB on 1.8.2015 and they got it (C.M.P.No: 2411/2015) now the petitioner files a petition for cancellation of bail after 1 year by using the following arguments. 

The respondents did not comply with the conditions imposed by the honorable court and also the 1st accused tries to tamper the witness and continuously giving life threat to the de facto complainant.



The respondents threatened him.



The respondents would disturb public peace.

Day 16- 11th June The additional session judge heard only the bail petitions. Case name: srinivasan and chikkan v. S.I. of police This is a interesting case as the case really twisted with facts. The accused were remanded to judicial custody on 15.12.2016 for the crime 174 of cr.p.c @ to 302 and 201 of IPC for the incident on 25.4.2015. According to the F.I.R the complainant was married to the deceased ayyanar. On 25.4.2015 she got the news that her husband met with an accident and passed away so filed a complaint on the same day. On 5.5.2015 the police found out that it was a suspicious death. On 4.11.2016 the new police officer found out that one thangamany (a3) had

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illicit relationship with the complainant and that he has murdered the deceased. So the petitioners A1 and A2 are requesting for bail as they are arrested on a false complainant. Case name: archunan v. inspector of police (cr.no.725/2016) The petitioner was remanded to judicial custody for the offence u/s 4(1) (a) 4(1-A) TNP act on 14-12-16. He was arrested for the posse...


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