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Ansh Internship Diary

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Ansh Internship Diary

Uploaded by

Shri Kant CLC
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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INTERNSHIP DIARY

MOOT COURT, MOCK TRIAL AND INTERNSHIP


COURSE CODE- 501

CAMPUS LAW CENTRE, FACULTY OF LAW,

UNIVERSITY OF DELHI

UNDER THE ABLE GUIDANCE OF: SUBMITTED BY -

Ms. SAKSHI KAUL (ADVOCATE)


ANSH SRIVASTAVA

SECTION: - A
CLASS ROLL NO. 201143
EXAM ROLL NO. 20309806139
TABLE OF CONTENT

S.NO TOPIC PAGE


NO.
i. Declaration 3

ii. Internship Certificate 4


iii. Acknowledgement 5

iv. Introduction 6

v. Factual and Analytical Experience About the Internship 7-9

vi. PART A: - Court Internship Cases 10-15

vii. PART B: - Drafting 16-22

viii. Conclusion 23

2
DECLARATION

I, ANSH SRIVASTAVA student of 5th semester LL.B. hereby declare that this
report as compiled by me under internship program is based on my own experiences
and observations to the best of my knowledge and understanding in its duration and
the same which is submitted therefore to Campus Law Centre, Faculty of Law,
University of Delhi is a reliable document and is of bona fide nature.

DATED: 09.12.2022

NAME: Ansh Srivastava

ROLL NO. 201143

EXAM ROLL NO. 20309806139

3
4
ACKNOWLEDGMENT

It is my pleasure to be indebted to various people, who directly or indirectly


contributed in the development of this work and who influenced my thinking,
behavior, and acts during study.

I am thankful to the Chambers of Ms. Sakshi Kaul and their advocates for their
support, cooperation, and motivation provided to me during the training for
constant inspiration, presence, and blessings.

I also extend my sincere gratitude to other advocate members in the chamber who
provided their valuable suggestions and precious time in accomplishing my
project report.

5
INTRODUCTION

Importance of Internship Diary

Education programs for law students have been of great advantage to them. The objective
of such programs is to provide an understanding of the human, social and policy contexts
of law and legal practice. This objective is met through the Legal Internship. Internships
fulfill an important component of both academic and practical education in law. The
integration of professional experience into the learning process is highly effective in
developing the understanding of law in action, as you are able to observe and perceive
the relevance and application of theory to practice. Consequently, the program is not
simply ‘work experience’ but a significant educational experience.

In a workplace setting one will be exposed to the reality of the practice of law in all its
dimensions –

1) The integration of different areas of law, policy issues;


2) The application and development of skills to the analysis and resolution of client
concerns;
3) Ethical responses to situations which arise unexpectedly and spontaneously;
4) Issues of professional responsibility including responsibility to clients and case
management;
5) The operations of the government and court system in the legal process.
6) These subjects provide the theoretical knowledge and ethical framework
necessary for you to appreciate the operation of the ‘law inaction’.

6
FACTUAL AND ANALYTICAL EXPERIENCE ABOUT THE INTERNSHIP

During the span of one months of my internship in the Chamber of Ms. Sakshi Kaul, I
visited several courts to observe various stages of all types of cases like civil, criminal,
POCSO, Insolvency, arbitration, and debt recovery cases.

I had visited to many different court proceedings. I have attended plenty of case
proceedings with Ms. Sakshi Kaul and she taught me many things about the court.

We also did discussion on various matters when reaching to court like what the matter
is, how he will be going to represent the case before the Hon’ble Bench. Many times, I
had to sit in the court and listen to other matters so that I must get the knowledge about
what is happening in the court. In many cases I have also took the next date or pass
overs as we had plenty of matters in a single day.

LEGAL INTERNSHIPS ARE PRIMARILY RESEARCH AND DRAFTING

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 task depending on the nature of the internship.

7
• During the 30 days of my internship, the things I learned during my
internship can be enumerated as:

1. FRAMING OF CHARGES:
As my Lawyer has office in New Delhi, he and his junior lawyers handle the matters at
Trial Court Level also. So, I got the opportunity to witness the process of framing of
charges. For the purpose of framing charge, therefore, the Judge is to consider
judicially whether on consideration of the materials on record, it can be said that the
accused las been reasonably connected with the offence alleged to have been
committed and that on the basis of the said materials there is a reasonable probability
or chance, as we normally call it, of the accused being found guilty of the offence
alleged. If the answer is in the affirmative, the Judge will be at liberty to presume “that
the accused has committed an offence” as mentioned in Section 228 of the Criminal
Procedure Code for the purpose of framing charge. On the contrary, if the answer is in
the negative for want of sufficient material, the Judge shall discharge the accused as no
charge can be framed.

2. CROSS EXAMINATION:

I also learnt how Cross examination is to be done. While cross examining the witness
never allow him/her to be confident ask them twisted question so that they become
nervous and are not able to answer properly. My Lawyer had asked mostly leading
questions which we were recently been taught in the Class.

3. CLIENT INTERVIEWING:

I was also given the opportunity to sit during discussions with clients. I observed that
my Lawyer listened him patiently and allowed him to finish. He asked some
questions from the client in order to get the full facts and to get the clear picture of
the client’s case. After listening the patiently, my lawyer assures the client you no
need to worry case is in our favors or going in our favors.

I learnt that Lawyer must ensure the client that he is listening and also understanding
his situation. Lawyer can reflect these by noting the points and by interacting with the
client. I witnessed the counselling related to the matter of getting possession back of
the property and divorce matter.
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4. FINAL ARGUMENTS:

I learnt that it means the final statement of a professional debate, or the conclusion of
a speech. It takes place only after both sides of the case have presented evidence and
examined witnesses to the lawyer’s satisfaction. Sometimes this process takes up a
few hours, but depending on the case and the specific charge, proceedings can go on
for days, weeks, or months. The only aspects remaining of the proceedings after the
closing statements have been delivered are the jury’s deliberation, followed by the
delivery of a verdict. Both the content and the delivery of a closing statement are
incredibly important, because it is the last thing a lawyer can say to the jury or judge
before a final decision is made about the case.

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PART A: -
COURT
INTERNSHIP
CASES

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CASE:-1
BEFORE THE COURT OF Ms. RICHIKA TYAGI, CIVIL JUDGE (02) WEST, TIS
HAZARI DISTRICT COURTS DELHI
C.S. NO. 1010/2020
IN THE MATTER OF :
Ms. PRABHJOT KAUR ........................................................................ PLAINTIFF
Versus
Mr. PARAMJEET SINGH………………………………………....…. DEFENDANT
Date of hearing : 05/10/2022
SUBJECT MATTER : suit for permanent injunction
CASE FACTS:
In this case plaintiff claims to have share in the suit property bearing no . B-11A, ground
floor, Fateh Nagar , New Delhi- 110018 and plaintiff filed this case to restraining them
from interfering in any manner and also from dispossessing the plaintiff from suit
property . the late grandfather of the plaintiff
S. Raminder Singh the suit property was bequeathed to his other son i.e. uncle of the plaintiff
after the registration of the sale deed created by plaintiff late aforementioned grandfather in
the favour of her late father which has in turn given further space for the creation of the gift
deed in her favour. It is stated by the plaintiff that property is an part and parcel of the HUF
estate to which the defendant stands as KARTA.

OBSERVATION.

Plaintiff is directed to file reply to the application U/s 10 CPC before the NDOH and also
supply an advance copy of the same to the defendant. Put up for arguments on the application
U/s 10 CPC and interim application on next date.
NEXT DATE OF HEARING:24.12.2022

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CASE:-2
IN THE HON’BLE COURT OF THE DISTRICT & SESSIONS JUDGE , TIS
HAZARI COURTS (CENTRAL) , NEW DELHI
CIVIL SUIT NO. 23 OF 2021 IN THE
MATTER OF:
Bhupinder Singh……………………………………...…... PLAINTIFF

versus
Joginder Kaur and ors ......................................................... RESPONDENTS
Date of hearing: 10.10.2022
SUBJECT MATTER: suit for partition with separate possession and use and occupation
charges
BRIEF FACTS
Plaintiff is the son of defendant no.1 sister and plaintiff grandfather Late Mr. Harnam Singh
and Late Mr. Harnam Singh made a will at the time of his death that states that all of his
property movable or immovable and in that will plaintiff mother was given the property of
sister of Late Mr. Harnam Singh and other sister were given suit property bearing no. 33/23,
old Rajinder Nagar, New Delhi . But plaintiff sold the property given to her mother and wants
share in the property of other sisters of plaintiff mother . plaintiff wants 1/12th share in the
suit property or wants rent of 5000/- per month.
OBSERVATION:

the suit for partition with separate possession and use and occupation charges along with
notice of application u/Rules 1&2 of Order XXXIX CPC be issued to all the defendants on
PF/RC within a week and process be also served on defendants by way of Whatsapp and E-
mail through Nazarat Branch for 13.09.2021.
NEXT DATE OF HEARING: 13.01.2023

12
CASE:-3

IN THE HON’BLE COURT OF MS.RISHIKA SRIVASTAVA LD,S.C.J TIS


HAZARI COURTS, DELHI
C.S.No. 459 OF 2020

IN THE MATTER OF:

S. Harpreet Singh………………………………………………………..Plaintiff

versus

Smt. Narinder Jeet Kaur & Anr ................................................................ Defendants

DATE OF HEARING: 17.10.2022

SUBJECT: suit for permanent injunction

BRIEF FACTS:

Petitioner claims that he is entitled to the suit property of his grandfather as it is his ancestral
property. Defendants claims that the petitioner is not entitled to claim any share in the
property or the alleged compensation from the respondents as plaintiff has no legal share in
the suit property as he is not a legal heir to the property of Late Sh. Raminder Singh. Plaintiff
mother had divorce and taken the custody of the plaintiff at that time all the disputes were
settled between them hence plaintiff is not a legal heir.

OBSERVATION:

petitioner is legally entitled to his share in the property as he was the grandson of the late. Sh.
Raminder Singh and divorce will not affect anything in the share of the ancestral property.

NEXT DATE OF HEARING: 04.07.2023

13
CASE:-4

IN THE COURT OF MS.SUNITA KHOLI, ADDITIONAL DISTRICT COURT


JUDGE, TIS HAZARI , DELHI
M No. 293/2021

IN THE MATTER OF:

Sh. Saranjit Singh Ahulwalia…………………………………………………Plaintiff

versus

Sh. Jasbir Singh…………………………………………………………….…Defendant

DATE OF HEARING: 25.10.2022


SUBJECT: execution petition with respect to compromise decree on the behalf of plaintiff
BRIEF FACTS:
The plaintiff prays for the execution of the interim order.
OBSERVATION:
In case the defendant failed to comply with the order passed by the Hon’ble court Then to

issue NBW’s against him and to send him in the custody as well as to register FIR for non

compliance of the order passed by this Hon’ble court.

NEXT DATE OF HEARING: 04.04.2023

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CASE:-5
IN THE COURT OF DISTRICT AND SESSION JUDGE, DWARKA, NEW DELHI
Appeal No. 85 of 2021
IN THE MATTER OF :-

Sh. Rahul Dev Dutt…………………………………………………….….Appellant

versus

Ms. Prity Khastgir………………………………………………………….Respondent


DATEOF HEARING: 02.11.2022

SUBJECT: appeal under section 29 of the protection of women from domestic violence,
2005.

BRIEF FACTS:

It was mutually settled it was agreed by and between both the parties that they shall withdraw

their respective cases filed against each other or their family members and further undertook

to not to file any case in future. On the basis of this MOU they filed joint divorce petitions

under section 13(B) (1) and 13 (B) (2) of HMA, 1955 before the Ld. Principal Judge and their

respective statements were recorded and resultantly a divorce decree passed on 23.04.2018

where after both the parties were separated. the Respondent despite being from legal

profession not only she has failed to give due regard to those words, instead she is

consistently abusing and mocking the process of law by making one after the other false

statements in courts and also retracting from her undertakings given in the court which

strictly amount to contemptuous acts.

OBSERVATION:

The Respondent had filed the instant case which is entirely concocted, self-invented and

manipulated stories, false series of events levelling false allegations with a sole purpose to

harass the respondents and to extort illicit gain. However, now despite the parties already

been divorced and as per the mutual terms settled between them.

NEXT DATE OF HEARING: 10.02.2023


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PART B: -
DRAFTING

16
DRAFT:-1

IN THE HON’BLE COURT OF THE DISTRICT & SESSIONS JUDGE , TIS


HAZARI COURTS (CENTRAL) , NEW DELHI
CIVIL SUIT NO. OF 2020 IN
THE MATTER OF:
Bhupinder Singh…………………………………………….….. PLAINTIFF

versus
Joginder Kaur and ors ................................................................... RESPONDENTS

WRITTIEN STATEMENT ON BEHALF OF


RESPONDENT 2 .

MOST RESPECTFULLY SHOWETH:


PRELIMINARY OBJECTIONS:
1. That the suit is not maintainable as no cause of action arose in favour of suiter and

against respondents to file the present suit hence is liable to be dismissed.

2. That the suiter has not come with clean hands before this Hon’ble Court and for

suppressing the relevant and material facts this suit is liable to be dismissed. The suit has

nothing to do with alleged property and the same is lugging with a sole motive to abuse

the process of law and gain the unjust enrichment of law in order to fetch illicit

advantage from respondents, therefore, is liable to be dismissed at its very

threshold.

3. That the present suit has not been verified as per rules Hon’ble High Court of Delhi,

hence the same is liable to be dismissed.

4. That without admitting the facts of the case and without prejudice to the rights and

defence of the answering respondents, it is submitted that the petitioner is not entitled to

claim any share in the property or the alleged compensation from the respondent as Late

17
Sh. Harnam Singh made the WILL DEED to divide the property between four daughters

as mentioned in the will deed Joginder Kaur, Mohinder Kaur, Gursharan Kaur will get

each floor of suit property and elder daughter will get property of Late Sh. Harnam

Singh sister Roop Kaur situated at 1/A, Ramesh Nagar, New Delhi.

REPLY ON MERITS:

1. That the para no.1 in suit is wrong and denied as plaintiff is not a law abiding citizen .

2. That the para no.2 and 3 in suit is matter of record thus needs no reply.

3. That the para no. 4 and 5 in suit is wrong , incorrect and hence denied. It is denied

that all four daughters of Late Sh. Harnam Singh Mongia are legal heirs to all his assets or

suit property, as alleged.

The contents of the foregoing paras and last para of the preliminary objections may kindly be

read as part hereof which are not repeated herein for the sake of brevity and to avoid

repetition.

4. That the para no. 6 and 7 in suit is matter of record thus needs no reply .

5. That the para no .8 in suit is wrong, incorrect and hence denied. It is denied that suit

property was devolved equally on defendant 1 and defendant 2 and Late Smt. Gursharan

Kaur and Late Smt. Amrit Kaur, as alleged.

The contents of the foregoing paras and last para of the preliminary objections may kindly be

read as part hereof which are not repeated herein for the sake of brevity and to avoid

repetition.

6. That the para no. 9 in suit is matter of record thus needs no reply.

7. That the para no. 10 in suit is wrong, incorrect and hence denied . It is denied that
18
plaintiff, defendant 5 and 6 are have share in suit property, as alleged.

The contents of the foregoing paras and last para of the preliminary objections may kindly be

read as part hereof which are not repeated herein for the sake of brevity and to avoid

repetition.

That the para no. 11 and 12 in suit is wrong , incorrect and hence denied . It is denied that

there is malafide intentions of any of defendant and plaintiff have 1/12 share in the suit
th

property, as alleged. The contents of the foregoing paras and last para of the preliminary

objections may kindly be read as part hereof which are not repeated herein for the sake of

brevity and to avoid repetition.

8. That the para no. 13 in suit is wrong, incorrect and hence denied . It is denied that

legal heirs of Late Sh. Harnam Singh namely Mrs. Amrit Kaur along with Mrs. Gursharan

Kaur , Defendant 1 and Defendant 2 become the joint owners of the suit property, as alleged.

The contents of the foregoing paras and last para of the preliminary objections may kindly be

read as part hereof which are not repeated herein for the sake of brevity and to avoid

repetition.

9. That the para no. 14 in suit is wrong , incorrect and hence denied . It is denied that

defendant no.1 and 2 are liable to pay a sum of Rs. 5000 per month to the plaintiff in respect

to share of 1/12 in suit property, as alleged.

The contents of the foregoing paras and last para of the preliminary objections may kindly be

read as part hereof which are not repeated herein for the sake of brevity and to avoid

repetition.

10. That the para no. 15 and 16 in suit is wrong , incorrect and hence denied . It is denied

that plaintiff has share of 1/12 in suit property and want separate possession was well ass its

use and occupation charges to the extent of his share.

19
It is denied that defendant no . 1,2 ,3 and 4 have tried to dispose off the suit property in order

to frustrate the share of the plaintiff, as alleged

The contents of the foregoing paras and last para of the preliminary objections may kindly be

read as part hereof which are not repeated herein for the sake of brevity and to avoid

repetition.

11. That the para no. 17 in suit is matter of record thus need no reply .

12. That the para no. 18. In suit is wrong , incorrect hence denied . It is denied that

defendants might create 3rd party rights and dispose of the suit property in order to defeat the

rights of the plaintiff and other defendants in the said property as there is no right of plaintiff

and defendant 5 and 6 in said property, as alleged. The contents of the foregoing paras and

last para of the preliminary objections may kindly be read as part hereof which are not

repeated herein for the sake of brevity and to avoid repetition.

13. That the para no. 19 in suit is wrong , incorrect hence denied that 1/12th share of the

plaintiff as all legal heirs of the decreased are deemed to be in joint and constructive

possession of the suit property, as alleged

The contents of the foregoing paras and last para of the preliminary objections may kindly be

read as part hereof which are not repeated herein for the sake of brevity and to avoid

repetition.

20
DRAFT:-2
IN THE COURT OF MS.SUNITA KHOLI, ADDITIONAL DISTRICT
COURT JUDGE, TIS HAZARI , DELHI
EX No. 2021

IN THE MATTER OF:

Sh. Saranjit Singh Ahulwalia …plaintiff

versus

Sh. Jasbir Singh …Defendant

EXECUTION PETITION WITH RESPECT TO COMRPOMISE DECREE


ON THE BEHALF OF PLAINTIFF

The plaintiff prays for the execution of the interim order. The particulars where of

are stated in the column hereunder: -

1. NO. OF PETITION

2. Name of parties As per title

3. Date of order of which order dated passed Execution


is sought by this hon’ble court

4. Whether an appeal was


Filed against the
order Under
execution

5. Whether any payment has


Been received towards
Satisfaction of order.

6. Whether any application was


Made previous to this and is
So their dates and results.

21
7. Amount of costs if allowed
By court

8. Against whom
execution Sought.

PRAYER:
That plaintiff humbly prays that the

It is further prayed that in case the defendant failed to comply with

the order passed by this Hon’ble court Then to issue NBW’s against him and to

send him in the custody as well as to register FIR for non compliance of the order

passed by this Hon’ble court.

Pass any other order or direction which this Hon’ble court may deem fit

and proper, may also be passed in favour of the complainant and against the

defendant in the interest ofjustice

PLAINTIFF
New Delhi
Date: 2021 Through

Sakshi Kaul,
Advocate
Salvus Law Associates
Chamber No. 109, 1st Floor
Western Wing
Tis Hazari Court
Delhi-54

VERFICATION:

I, the above named Complainant/ Applicant verify that the contents of this execution
application are true to our knowledge and belief. Signed and Verified at New Delhi on
this.

PLAINTIFF
22
CONCLUSION

In the end, I would like to opine that the real legal practice is 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 this body and how this body works.
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 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 with the
same soul as that of a human. In other words, or as that of our counsel, law 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 unequal in respect of each other.

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.

With Warm Regards,


Yours Faithfully
Ansh Srivastava
Section: A
Class Roll No. 201143
Exam Roll No. 20309806139

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