CASE Diary- Internship Report PDF

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INTERNSHIP REPORTA REPORTSUBMITTED TOTHE CHANDRAPRABHU JAIN COLLEGE OF HIGHER STUDIES &SCHOOL OF LAW(GGSIPU)IN PARTIAL FULFILLMENT OF THE REQUIREMENT FORTHE DEGREE OFB., LL (H)(2013-2018)UNDER THE SUPERVISION OF SUBMITTED BYDR. NEETA BERI ANSH AGGARWAL(HON’BLE DEAN PROFESSOR) ENROLLMENT NO-03021...

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INTERNSHIP REPORT A REPORT

SUBMITTED TO THE CHANDRAPRABHU JAIN COLLEGE OF HIGHER STUDIES & SCHOOL OF LAW (GGSIPU)

IN PARTIAL FULFILLMENT OF THE REQUIREMENT FOR THE DEGREE OF B.A., LL.B (H) (2013-2018)

UNDER THE SUPERVISION OF DR. NEETA BERI (HON’BLE DEAN PROFESSOR)

SUBMITTED BY ANSH AGGARWAL ENROLLMENT NO03021503813

DEPARTMENT OF LAW GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

ACKNOWLEDGEMENT I have received help and encouragement from my parents and number of People on completing this report and would like to take this opportunity to thank them all. It is my proud privilege to express my sincere gratitude to Advocate VIJAY GUPTA under whose shadow and guidance I have successfully completed my internship, and my mentor DR. NEETA BERI under whose scholarly guidance the present report has been completed. I am also thankful to the entire law faculty for inspiring guidance, supervision, expert suggestion & encouragement which helped me to tide over the hardship encountered during study. I wish to extend my sincere thanks to the librarians and the staff of various libraries particularly law Lib. Of Chandra Prabhu Jain college of higher studies & school of Law, G.G.S.I.P.U., New Delhi, for their assistance rendered to locate the material for my present internship report.

Student’s Name Ansh Aggarwal

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DECLARATION This report is the original work prepared by Ansh Aggarwal, 5th year, 10th semester student [B.A., LL.B (H)], Chandra Prabhu Jain College of Higher studies & School of law in partial fulfillment of the requirement for internal assessment under the supervision of my supervisor. Neither the said work, nor any part thereof has earlier been submitted to any University or institution for the award of any degree or diploma.

Student’s Name Ansh Aggarwal

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CERTIFICATE This is to certify that the entitled “Internship Report” has been prepared by Ansh Aggarwal, under my supervision and guidance. This is his original work completed after careful research.

Place: Delhi

Dr. Neeta Bei

10th MAY, 2018

(Hon’ble Dean Professor)

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Certificate by the avocate

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INDEX 

Acknowledgement

i



Declaration

ii



Certificate

iii-iv



Introduction

1



Importance of Legal Internship

2-3



Report on Court Experience

4



General Observation of Functioning of District Courts

5



Court Diary ( List of Cases)

6-60



Expierence During the Internship second and third last



References

61-62 63

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INTRODUCTION This report examines the Internship program with Advocate VIJAY GUPTA (Tis Hazari Court). My internship started from 1st February to 4th May 2018, has immensely been a commendable learning experience for me. The internship delivered me insight look of the society through the medium of court practice, where I dealt with people directly to look into their problems under the guidance of my senior and other associates with the help of them I was able to complete my internship with an excellent learning experience. I visited different District courts as per the different matters fixed in courts in daily routine. Where I got an opportunity to appear before the Hon’ble Judges and Magistrates and also to interact with the prisoners and to know the reason for the commitment of their crime with prisoner’s that seek to utilize the rehabilitative opportunities. Imprisonment offers, combining it with the essential restorative justice a meeting between offender, victim and community. The weakness is not in the system but the weakness is in the application of system. The judiciary system and various authorities have been set up with the vision to correct the application of system. They thus, not only help in providing justice to the needy but consequently they also help in restoring faith of the oppressed towards the legal system.

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IMPORTANCE OF LEGAL INTERNSHIPS Internship is an important part of academic curriculum because they help one gain practical knowledge and experience required to excel in their respective fields. Legal internships are not an exception to this rule. Legal internships help law students decide their respective areas of interest out of a plethora of opportunities offered by legal education be it a career in a corporate law firm, litigation, academics or working for NGOs. 1. Internship is one of the modes of practical training in the sphere of legal education. Apart from the moots, legal aid and legal writing it forms the core component of practical acquisition and assimilation of law teaching syllabus for the students. 2. The process of internship provides the students with an opportunity to study and examine the structure and behavior of organizations. It shows to them the nature of legal framework of the institutions and concerned issues. Students get the benefit of an exposure to law in action rather than law in books (as acquired in class rooms) and thus help them in due acquisition of legal expertise. Legal services are the tenth most popular field choice in our Student Internship Program. Each year, a few dozen students from political science, law, and other majors do short term internships in law. Placements can be anywhere from criminal law firms, to the Department of Justice. Here’s an excerpt from a recent Internship Report. Importance of legal internships can be summarized through following threefold points: 

Internship provides a platform for practical application of classroom knowledge.



Legal Internships helps in gaining practical skills and hence gives an edge in the job market.

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Internship assists in choosing respective area of interest and hence in specialization

Legal internships are primarily research and drafting oriented. Research: Research constitutes an important aspect of any internship whether it is a law firm or a court internship. Hence one needs to be well acquainted with various legal research tools, the prominent being Manupatra, Lexis Nexis, Westlaw etc. Drafting: Drafting skills require lots of hard work and patience. One needs to be well versed with the various drafting specimens and formatting skills in order to undertake and complete such assignments properly. Apart from these, assignments may include proof reading of various legal documents, observance of court proceedings, making notes on various legal issues etc. and other tasks depending on the nature of the internship. Daily internship duties 1.

Supporting the lawyers that come into the office and program. Sitting in on meetings and appointments and offering and required assistance.

2.

Office type organizational work- photocopying, organizing papers, keeping files in order, organizing the desk

3.

Reading any suggested law related materials for my own benefit

4.

Helping clients if possible and if I am able to since I don’t know much about the field yet.

5.

Talking to various lawyers in our office

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REPORT ON COURT EXPERIENCE The internship programme with ADV. VIJAY GUPTA started from 1st February to 4th May 2018 has been an immensely commendable experience for me. District court is the base without which superior judiciary cannot stand. It is the court of original jurisdiction. No one except in case of breach of fundamental rights can directly approach high court and Supreme court without approaching the District and Session court. In High courts and supreme court both the civil and criminal cases are heard. The structure of Lower judiciary in Indian judicial system hierarchy is divided into two parts one is District court which deals with civil cases and the other is Session court which deals with criminal cases. This difference is more for theoretical understanding of the Heirarchy, though in reality the judges for both district and session can be same. The District Courts are at the top of all the subordinate or lower courts. They are however under the administrative control of the High Court of the State to which the district court belongs to. Their jurisdiction is confined to the districts they are responsible for, which could be just one or more than one. The original jurisdiction of the District Courts in civil matters is confined by not just the territorial limitations, but by pecuniary limitations as well. The pecuniary limitations are laid down by the legislature and if the amount in dispute in a matter is way above the pecuniary jurisdiction of the District Court, then the matter will be heard by the concerned High Court of that State. In case of criminal matters, the jurisdiction of the courts is laid down by the legislature. The decisions of the District Courts are of course subject to the appellate jurisdiction of the High Courts. Apart from these judicial bodies who enforce the laws and rules laid down by the legislature and executive and also interpret them (the Supreme Court & High Courts), there are numerous quasi judicial bodies who are involved in dispute resolutions. These quasi judicial bodies are the Tribunals and Regulators.

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GENERAL OBSERVATION OF FUNCTIONING OF DISTRICT COURT Functioning of district Court is very important to be understood by a legal practitioner or an advocate, because it is the first court where a case is first filed and on the decision of the Trial court, then further appeal is made in higher courts. The plaint filed in the court is given to the defendant and are asked to appear before the court with a reply to the plaint. When the defendant comes and files the reply, proceedings of the case starts. In the proceedings proper system is used and respective courts arrives with the decision. In case if any of the party is not satisfied with the decision of the court then it can appeal for it in the higher court. File includes various forms, brief facts by the plaintiff along with the allegations and prayer to the court, reply to the allegations and prayer to cancel the case by the defendant, affidavits by both the parties, recording of the statements of the witnesses and their cross and reexaminations in civil suits. Now in the case of appeal new file is not formed, the statements recorded earlier are only relied upon in the higher court though the unsatisfied party presents the additional grounds in the appeal. This is generally observed in the civil suits.

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COURT DIARY CASE LAW – 1 IN THE COURT OF MS. MAHIMA RAI, METROPOLITAN MAGISTRATE, MAHILA COURT, (EAST), KARKARDOOMA COURT, DELHI Domestic Violence Case No. – V- 42/2014 IN THE MATTER OF : Sunita Rani Sharma

……. Aggrieved person

/Complainant Versus 1. Manish Kaushal 2. SunitaKaushal 3. OmkarNathKaushal ……Accused / Respondents P.S. Shakarpur

APPLICATION UNDER SECTION 12 OF THE POTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 (43 OF 2005). BRIEF FACTS: 

That the marriage between the complainant and Respondent no.1 was solemnized on 25.09.2009 at Laxmi Nagar, Delhi – 110093 according to Hindu rites and ceremonies with great pomp and show. The dowry was given as per demand/ sweet will of the respondents. In his marriage the mother and brother of the complainant had spent Rs 12,00,000/- approx.

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That after marriage the complainant had joined her matrimonial home and found that the respondents were not happy with the dowry articles received in the marriage. The respondents said that the brother of the complainant is working in USA, even then less dowry has been given. On the next day of marriage the respondent no.2 took all jewellery of the complainant which was given by her parental family members. The respondent no.2 used to demand costly things on the occasion of the festivals. She used to demand gold, diamond jewellery, laptop etc. from the brother of the complainant. On objection by the complainant the respondents used to abuse and harass the complainant. Respondent no.1 ,2 and 3 used to taunt that her brother has not even called them to visit USA. The respondents no.1,2& 3 used to ask the complainant to bring money from her brother for purchase of land and refusal used to quarrel with her, abused her in filthy language.



That on 24.5.2011 the complainant gave birth to a female child named Navya by caesarean operation. The complainant was not provided proper diet, care, medical attention prior to birth of the child and even after operation. She was not even allowed to take rest against the advice of doctor. The respondents were not happy with the birth of female child and they pressurized the complainant to give birth to a male child but again unfortunately on 16.10.2012 second female child namely Ravya was born through caesarean operation. After birth of this child the cruelty was increased upon the complainant. The complainant was asked to do all work of the house without proper food, rest etc.



That the second child was ill but no medicine was being provided to her. The complainant was not allowed to use mobile phone to talk with her mother or brother. On 3.8.2013 the second child was having fever, the complainant requested the respondent to show her to doctor but neither they took her nor allowed the complainant to take her to doctor. In the night at 10 PM the daughter Ravya cried too much, then respondent no.1 and 2 took the female child to unknown hospital or nursing home but did not take the complainant with her. The complainant was slapped and pushed by the respondent no 2 and left at home

even after

complainant’s repeated requests to take her along with the baby to the hospital. A neighbourtook pity upon the respondent and asked her son namely Vicky to take the respondent in their car to the hospital where her daughter Ravya had died. 7

Despite requested requests respondent no.1 and 2 did not disclose as to how complainant’s daughter Ravya who was around 9 months at that time had died. The respondent no.1 used to consume liquor daily and whenever the complainant asked about the cause of death of daughter he used to abuse her in filthy language and used to give her merciless beating. 

That on 14.12.2013 respondent no.1 quarreled with the respondent throughout the night, slapped the respondent, where she bled through her lips, threw hot tea upon her, and not let her eat food throughout the day and when she cried and asked for help neither respondent no.2 nor respondent no.3 came to help her. The respondent no.2 said that the complainant will have to stay there as they like ans in case she is unable to live she may go to her parental home. Complainant thought that her one daughter has already died , there is danger to her life and to the life of her other daughter, she called her elder sister Rita Sharma on 15.12.2013 and with her came to the parental home at 12/411 A, Lalita Park, Laxmi Nagar , New Delhi-110092 with daughter Navya with just few winter and basic clothes. The respondent left all her belonging behind.



That on 4.1.2014 in the evening a message came from respondent no.1 that he will leave daughter Navya but he did not come, then the complainant and her mother went to the respondent no 1, 2, 3 house in Faridabad on 5.1.2014 to look for the baby girl, both the complainant and her mother were forced to wait for 15 minutes outside their house the respondent and his family used this time to hide the girl child Navya in a store room, which was later mentioned by the respondent no 1 to the complainant in a phone call. After the quarrel and abuses by the respondent no 1, 2, 3 the complainant and her mother were forced to leave. The respondent 2, 3 are part and parcel in keeping away the baby girl Navya from mother, the complainant, but continuously denied knowing about the location of the girl, while the respondent no 1 was hiding himself and the girl child in the house all the time. The respondents said that they have approach to the police and political circle nothing will happened to them whatever complaint is made by the complainant against them. The complainant again sent complaint to the SHOP S. Sarai Kawaza, Sector 37, Haryana dated 6.1.2014.

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That the complainant was receiving indecent and unwelcome calls and messages from unknown persons on cell phone no. 919310376169. Some people had also referred to a post on a Facebook profile. The complainant gave complainant to the Cyber Crime Delhi Police, Mandir Marg, New Delhi on 20.1.2014 and

on

10.02.2014 the complainant gave detailed complaint to the SHO P.S. Shakarpur, Delhi-110092 against the respondents no. 1, 2 and 3. 

That after complaint the calls and messages stopped coming for few days but thereafter the same process continued. The complainant suspected involvement of the respondent no.1 as he had threatened that he would malign her image, social respect and will not allow her to live respectful life. The brother of the complainant spoke with some of the people who called last time, they referred to a Facebook page of someone called Raj Kumar Singh from New Delhi with a post with the complainant’s number and a picture. Then the brother of the complainant complained to the company Facebook to remove the page from the website.



That the respondent no.1 had added the name and picture of brother of complainant (which is cut out from a picture in Facebook) in his company’s website falsely stating that her brother is responsible for marketing and public relation in his company without his brother’s permission, consent or knowledge as he works and resides in USA. The complainant lodged complaint to Cyber Crime Delhi Police, Mandir Marg, New Delhi on dated 01.04.2014 and the complainant also gave complainant to CAW Cell against Respondent no.1, 2 and 3.

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That the respondent no. 1 is running a security company named Shivam Enterprises, office at C-207, PulPrahaladpur, Tughlakabad , New Delhi and at D382, Bsasement, PulPrahaladpur , Near New Life Medical Center, Tughlakabad , New Delhi-110044, he is managing around 150 workers and his earning is more than Rs.100,000/- per month.

Observations: On 04.02.2018 , Complainant was absent & the Ld. Counsel of the complainant mentioned the court that she is not well and the Ld. Counsel also approached the court for the short date for filling the evidence affidavit on behalf of the complainant and

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On 21.03.2018 Affidavit of evidence is filled by the Ld. Counsel of the petitioner, further court asked from the complainant for the settlement but she denied for the same and mentioned the court that the same has been took place twice a times but no possibilities arrieved till yet.

Next Date of Hearing: On 04.02.2018 next date was 21.03.2018 for filling of Affidavit of Evidence and for the Evidence of the Complainant and On 21.03.2018 next date is 10.05.2018 for the Evidence of the Complainant.

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CASE LAW – 2

IN THE COURT OF MS. S.K. MISHRA, METROPOLITAN MAGISTRATE, KARKARDOOMA COURTS, DELHI.

IN THE MATTER OF:Saira Bano

…Complainant/Aggrieved Person Versus

1. Mohd. Iftekhar @ M.I. Chaudhary (HUSBAND) 2. Ms. Sadiya (DAUGHTER OF IFTEKHAR) 3. Ms. Ayman (DAUGHTER OF IFTEKHAR) 4. Faizan @ Raja (SON OF IFTEKHAR) 5. Saleem 6. Father of Saleem…….Accused/ Respondents P.S. Usmanpur

APPLICATION UNDER SECTIONS 12,17,18...