Download as doc, pdf, or txt
Download as doc, pdf, or txt
You are on page 1of 40

A PROJECT REPORT ON SUMMER

INTERNSHIP PROGRAMME

Submitted in partial fulfillment of the requirements for award of the degree of

BACHELOR OF LAW (HONS) 5 YEARS


YEAR 2013-2018
Submitted To:
Ms. AVINASH KAUR

Submitted By:
TARUN SHOKEEN
ENROLLMENT NO. 20521503813
B.A LL.B. (5TH SEMESTER)

CHANDER PRABHU JAIN COLLEGE OF HIGHER STUDIES


SCHOOL OF LAW

DECLARATION
This is to certify that this report entitled Summer Internship report which is
submitted by me in partial fulfillment of the requirement for the award of degree
B.A. LL.B(H) to GGSIP University, Dwarka, Delhi, comprises only my original
work and due acknowledgement has been made in the text to all other material
used.

DATE: 10th November 2015

Name of student: TARUN SHOKEEN

APPROVED BY: Ms. AVINASH KAUR


(Assistant professor)

Enrollment no. 20521503813

CERTIFICATE
This is to certify that this report entitled Summer Internship Report which is
submitted by TARUN SHOKEEN in partial fulfillment of the requirement for the
award of degree B.A. LL.B (Hons) G.G.S.I.P. University, Dwarka, Delhi, is a
record of the candidate own work carried out by him under my/our supervision.
The matter embodied in this thesis is original and has not been submitted for the
award of any other degree.

Supervisor
Ms. AVINASH KAUR
(Assistant professor)

ACKNOWLEDGEMENT
The most awaited moment of successful completion of an endeavor is always a
result of persons involved implicitly or explicitly there in and it
is impossible without the help and guidance of the people around us.
The successful completion of this report is the result of dedicated efforts put in by
many people and this report would be incomplete without
Giving due credit to them. This acknowledgment is the token of
gratitude in recognition of their help in our endeavor. I sincerely thank to my
supervisor Ms. AVINASH KAUR for providing useful guidance and constant
motivation throughout the project.
I express a deep sense of gratitude to all persons who have helped me in various
stages and I have consulted and referred on many occasions.

Name of student
TARUN SHOKEEN

INDEX

S. No. TOPIC/ITEMS

PAGE NO.

1.

CERTIFICATE OF GAUR & ASSOCIATES

2.

TIS HAZARI COURT & FAMILY COURT

3.

TRAINING

4.

5.

MEANING OF TRAINING
IMPORTANCE OF TRAINING

13

BENEFITS OF INTERNSHIP

15

CASE - 1
CASE - 2
CASE - 3
CASE - 4
CASE - 5
CASE - 6
CASE - 7
CASE - 8
CASE - 9
CASE - 10

17
21
25
28
30
32
34
35
36
37

6.

MY EXPERIENCE IN LEGAL FIRM

39

REPORT ON
SUMMER
INTERNSHIP
PROGRAMME

2. INTRODUCTION
- TIS HAZARI COURT
The Tis Hazari Courts Building was inaugurated in 1958, though in the earlier days
the Tis Hazari was the only court complex in the whole of the Delhi as the District
Level Court Complex. But at present Tis Hazari Court only have their jurisdiction
over Central Delhi, North Delhi, West Delhi. Courts having their jurisdiction upon
other parts of Delhi have been gradually shifted to other court complexes which
have come up in various parts of Delhi like in 2006 Rohini Court complex was
established which has courts having jurisdiction over North-West Delhi and Outer
Delhi.

The District Courts (from which both civil and criminal cases were transferred)
branched out from the original Tis Hazari Courts are: District Courts at Patiala
House (New Delhi District), Karkarduma (East Delhi District), Rohini (North West
District), Dwarka (South West District) and Saket (South District). Saket Court
Complex started functioning with effect from Saturday, 28 August 2010. The Work
of Civil and Criminal cases relating to South Civil District and South East Police
Districts earlier looked after at Patiala House Courts Complex is now taken up with
effect from the functioning of the courts of the respective districts at the new court
complex at Saket.

The Chief Metropolitan Magistrate [CMM] of entire Capital Region Delhi presides
over its court in Tis Hazari Courts Complex.

- FAMILY COURT

The need to establish the Family Courts was first emphasized by late Smt Durga Bai
Deshmukh after her visit to China in the year 1953, where she had the opportunity to
study the working of Family Courts. She discussed the subject with Honble Mr. Justice
M.C. Chagla of Bombay High Court and also Honble Mr Justice P.B. Gajendragadkar,
then the Judge, Bombay High Court. She also discussed the matter of setting up of the
Family Courts with the then Prime Minister Pandit Jawahar Lal Nehru. Several women
associations, welfare organizations and individuals also mounted pressure for setting-up
of the Family Courts to provide a forum for speedy settlement of family relates disputes.
The emphasis was on a non- adversarial method of resolving family disputes and
promoting conciliation and securing speedy settlement of dispute relating to marriage
and family affairs.
The Law Commission in its 59th report (1974) also recommended for setting-up of
special courts where rules of procedure would be simpler. The Law Commission also
emphasized that such courts may adopt and approach radical steps distinguished from
the existing civil courts and that such courts should make reasonable efforts for
settlement before commencement of the trial. In 1975, the Committee on the Status of
Women recommended that all matters concerning the family be dealt with separately.
In 1984, the Family Courts Act was passed and it came into force on September 14,
1984. The objective was to take family and marital disputes away from the overcrowded
intimidating and congested environment of traditional courts of law and bring them to
congenial and sympathetic surroundings. The aim was conciliation between the
estranged family members and not confrontation.

The Family Courts Act, 1984 could not be implemented in Delhi for a long period of 25
years due to different reasons. To implement the Family Courts Act, 1984, a committee
headed by Honble Mr. Justice Vijender Jain (as his lordship then was) was constituted
9

in the Delhi High Court in the year 2006. The work was commenced and continued with
full devotion and sincerity. With the passage of time, the committee was guided by
Honble Mr. Justice Badar Durrez Ahmad and Honble Mr. Justice Pradeep Nandrajog at
different points of time. Finally Honble Mr. Justice A.P. Shah, the then Chief Justice of
Delhi High Court constituted a committee in November 2008 comprising Honble Mr.
Justice Pradeep Nandrajog, Honble Mr. Justice Muralidhar and Honble Mr. Justice
Manmohan, Judges of Delhi High Court. It was due to the zeal, enthusiasm and hardwork of the committee that the first Family Court in Delhi was set-up at Dwarka District
Court Complex on 15.05.2009

INTRODUCTION
10

This summary is a brief description of my internship I did in the office of


Legal Firm Gaur & Associates. I interned for a period of 8weeks which was quite a
learning and new experience as I got to witness the practical application of laws
which I studied in my books only.
For a law student internship plays a very extensive role as it makes a student
familiar to legal atmosphere and helps him learn tactics of a good lawyer from
early age. My sir was very busy lawyer with lot of cases in hand, this gave me an
opportunity to grasp more and more in short period of two months.
My sir assigned me some quality work I was capable of doing and understanding.
Since I have just completed two years of my course and have not studied all major
legal subjects so it was a bit difficult for me to be aware of every law or act my sir
researched on. So my work was only confined to tasks like drafting, finding cases,
some research work, interacting with clients, organizing the files and documents,
maintaining the books, accompanying clerk to various sections and attending court
proceedings with my sir.
My drafting work included drafting of legal notices, affidavits, wills and preparing
synopsis of various cases, making list of dates of events. I was familiar with this
kind of drafting work as we were taught some parts of drafting in the first year
itself and also observing my sir helped me a lot. Plus the staff members were
always there for help if I get confused or commit a mistake.
Very often I used to accompany the clerk when he went to file a case or getting a
copy of order or judgment or for making any other inquiry. I used to attend courts
proceedings of our cases with my sir on daily basis. It helped me getting to know
the environment of the courtroom, the language of the judge, presence of mind of
lawyers.
My regular task was to maintain the masses of files that lie in my office and to
check if their documents are complete and in order. It made my seniors work easy
as everything was organized and in place. It also used to make me aware which
cases are currently going on and which are on coming dates.
One of the most interesting tasks was communicating with the clients as I get to
know people from different fields and different backgrounds. I used to interact
with them first handedly if my sir was busy in some other work or with some other

11

clients. Sometimes it gets difficult because people get emotional while explaining
their problem and its quite tough to handle such situations.
My whole period of internship gave me an ample knowledge of legal subjects
which is surely going to help me in future. I learnt some practical aspects of law
during this period which is very essential for becoming a good lawyer.

12

MEANING OF TRAINING
Training is an organized activity aimed at imparting information or instructions to
improve the recipient's performance or help to attain a required level of knowledge
or skill. It is a learning process that involves the acquisition of knowledge,
sharpment of skills, concepts, rules or changing of attitudes and behaviors to
enhance the performance of person. Training is about the acquisition of knowledge,
skills and abilities. Training is an attempt to improve the current or future
performance of a person by increasing his ability to perform through learning

IMPORTANCE OF TRAINING
Studying competitive is the key to sustainability. Training the students, keeping
them motivated and up-to-date with latest technology is essential to achinving the
goal. Our education system has always stressed on the importance of training.
Traning can increase performance of the trainee and also elevate the image and
social status. Traning brings direct benefits to student. It is tyranny that brings
tremendous change in terms of knowledge, attitudes and behavior of the student.
Depending upon the needs of various jobs the method of training is very important.
The soul purpose of training is to build the necessary skills of the students and to
create positive feelings among them. Traning is important is following ways:Optimum Utilization of Human Resources Training and Development
helps in optimizing the utilization of human resource that further helps the
employee to achieve the organizational goals as well as their individual goals.

Development of Human Resources Training and Development helps


to provide an opportunity and broad structure for the development of
human resources technical and behavioral skills in an organization. It
also helps the employees in attaining personal growth.

Development of skills of employees Training and Development helps


in increasing the job knowledge and skills of employees at each level. It
13

helps to expand the horizons of human intellect and an overall


personality of the employees.

Productivity Training and Development helps in increasing the


productivity of the employees that helps the organization further to
achieve its long-term goal.

Team spirit Training and Development helps in inculcating the sense


of team work, team spirit, and inter-team collaborations. It helps in
inculcating the zeal to learn within the employees.

Organization Culture Training and Development helps to develop


and improve the organizational health culture and effectiveness. It helps
in creating the learning culture within the organization.

Organization Climate Training and Development helps building the


positive perception and feeling about the organization. The employees
get these feelings from leaders, subordinates, and peers.

14

BENEFITES OF INTERNSHIP

I have certainly enjoyed the benefits of training under the able


guidance of my advocate MR. NAVEEN GAUR. Training has brought
a better understanding and provided me with a better vision in
the law world. I have experienced and learned procedure for
various legal proceedings. One of the important benefits of
internship is that it helped me to understand formal legal
presentations of any case. A law student can experience many
benefits of training which will further help in developing good
image, personality, skills.
Training has made me more knowledgeable, better equipped and
experienced in law field. Training has helped me in improving the
performance. It enlarges the scope of law in my life. I got to know
about my different law and sections and their applications as well.
Training has helped me to know about the procedure which is
being followed in our domestic law system. I have experienced
the role and need of law and courts in life.
Training is the best method of an overall development of future
lawyers. It increases motivation, efficiency in process, resulting in
financial gain. It also increased the capacity to adopt new
technologies and methods. It increased innovation in strategies
and products.

15

WORK PERFORMED
DURING INTERNSHIP

Cases are given below:-

16

CASE NO.1
IN THE COURT OF SH. KAMLESH KUMAR, LD,
APJ, FAMILY COURT
Ankit Garg
v.
Priyanka Jain

Petition No.
12864/2015
This is a case of petition for divorce by mutual consent under Section 13(B),
13(1) of the Hindu Marriage Act, 1955.
Section- 13 (2) of Hindu Marriage Act, 1955

Brief Facts
This petition filed by the petitioner no.1 (Ankit Garg) and petitioner no.2 (Priyanka
Jain) Who got married at Delhi on 5/may/2013, according to the hindu rites and
17

customs, they lived together as husband and wife till the 25/may/2013 and there
has been no cohabitation after the 25/may/2013 out of the said wedlock no child
was born. They have failed to stay together as husband and wife and have agreed to
dissolve the marriage.
Under this petition that it has been decided between the parties that one time
settlement amount/alimony of Rs. 16, 00,000 cash shall be payable by the first
party to the second party at the time of signing of compromise cum - mutual
settlement deed 04/April/2014.
That the parties to the present petition have resolved all their differences regarding
Istridhan, Maintenance, Alimony etc. and nothing remains between the parties and
the marriage was mutually agreed to be dissolved between the parties.
That after the grant of the first motion by the Honble Court, the parties to the
present petition tried to resolve their differences but to no avail. There are thus no
chances of the parties re - counseling their differences and lived together as a
husband and wife therefore parties decided to dissolve their Marriage.
From the joint statement of the petitioners recorded on oath, it is evident that the
petitioners have filed the present petition voluntarily without any undue influence
from any quarter.
The petition complies in the provision of Sec. 13 (B)(1) of the said Act.
1st Motion- 31/May/2014
2nd Motion- 3/December/2014

18

Personal Observation
When I was read out this case during my internship period, several points were
read by me which are as follow. This petition was filed under The Hindu Marriage
Act, 1955. Petition was filed by Ankit Garg (Respondent 1) and Priyanka Jain
(Respondent 2) under Sec. 13(B) (Divorce by mutual consent) of the Hindu
Marriage Act, 1955.
Parties marriage on 5/05/2013 according to the Hindu rites and rituals and lived
together till 25/05/2013 as a husband and wife and there has been no cohabitation
after 25/05/2013 and no child were born by this wedlock. They have failed to stay
together as husband and wife and agreed to dissolve their marriage.
In the first motion of this petition that one time settlement amount/alimony of Rs.
16, 00,000 cash shall be payable by the first party to the second party at the time of
signing of compromise cum- mutual settlement deed . After this parties have
resolve their differences regarding alimony, Istridhan and maintenance. After first
motion court give six months time period to the parties tried to resolve their all
differences and living together as a husband and wife but there was no positive
response comes in this time period.
19

In second (2nd) motion honble court gives final decision and both the parties were
agreed to dissolve their marriage by the mutual consent.

20

CASE NO.2
IN THE COURT OF SH. SUDHANSHU KAUSHIK,

State
v.
Sushil Kumar

Court Room no.

Case no.

206

245/14

Mediation Cell
308

This is the case of Rash Driving or riding on a public and causing hurt and
grievous hurt by act endangering life of personal safety and others under the
Sections of Indian Penal Code, 1860.
Section 279, 337, 338 of Indian Penal Code, 1860.

Sec.279 Rash driving or riding on a public way.


Sec. 337 Causing hurt by act endangering life or personal safety of others
21

Sec. 338 Causing grievous hurt by act endangering life or personal safety of
others.

Brief Facts:
This is a case of accident; the brief facts are as that the parties are that injured
persons met with an accident on 10/april/2014 in which Tara Chand (injured)
received grievous injuries and Sheila (injured), Sonia (injured) and Sumit (injured)
received simple injuries F.I.R. no. 245/14 U/S 279/337/338 IPC was registered at
PS Punjabi Bagh.
After the negotiations, both the parties have agreed to settle their dispute. The
parties here to confirm and declare that they have voluntarily and out of their own
will have arrived at this settlement agreement. It is an amicable solution for
resolving their disputes and differences.
The parties have agreed to settle their entire disputes on the following terms
and conditions:
1. Accused Sushil Kumar and injured persons namely Tare Chand (jeeja
of accused), Shiela (sister of accused), Sonia (wife of accused) and
(bhanja of accused) have agreed that being, family members
settled their dispute and agreed to compound the offence

Sumit

they have
U/S 337/ 338

of IPC.
2. Both parties further agreed that they shall approach the concerned

MM for compounding of criminal case pending vides FIR No.


U/S 279. 337/338 IPC PS Punjabi Bagh.
22

245/14

3. Accused also expressed his willingness to plead guilty for non


compoundable offence u/s 279 IPC.
The above agreement has been entered into between the parties voluntarily,
without any pressure, coercion or duress. The parties have signed the agreement in
token of having agreed the terms of settlement.

23

Personal Observation
When I read out this case during my internship period, several points were read by
me which are as follow.
This is a case of accident. In this case four people was injured in accident namely
Tara Chand received grievous injuries and Sheila, Sonia and Sumit received
simple injuries. After that F.I.R. no. 245/14 under Section. 279/337/338 of IPC was
registered at Punjabi Bagh Police Station against accused Sushil Kumar who
drove vehicle at the time of accident.
After the negotiations, both the parties have agreed to settle their dispute. The
parties confirm and declare that they have voluntarily and out of their own will
have arrived at this settlement agreement. It is an amicable solution for resolving
their disputes and differences. Injured persons are relatives of accused person and
being a family member they have agreed to settle their dispute and agreed to
compound the offence of Section 337/338 of Indian Penal Code. Accused also
expressed his willingness to plead guilty for non compoundable offence u/s 279
Indian Penal Code. Agreement has been entered into between the parties
voluntarily, without any pressure. The parties have signed the agreement on the
terms of settlement.

24

CASE NO. 3

IN THE COURT OF SMT. SHIVALI SHARMA, METROPOLITAN MAGISTRATE

Anju Shekharan
V.
Guna Shekharan

5/February/2015

Brief Facts:
The present case under Sec. 12 of Domestic violence act 2005 and the same is filed
by Smt. Anju Shekhran against her husband and in-laws, in the present petition she
is claiming maintenance, residence for herself and her two minor children.

Proceeding:

25

I was appeared along with petitioner Anju Shekhran and her counsel. The case is
fixed for evidence of Mrs. Anju Shekhran but the

opposite counsel took

adjournment on the ground that case not prepared for the same and the Honble
court adjourned the matter for 1/7/2015 and granted last opportunity for cross
examination to M/s Anju Shekhran.

Personal Observation
When I was reading this case during my internship period, several points were read
by me which are as follows:
In this case complainant was filed under Sec. 12 of Domestic Violence Act 2005.
Petition filed by petitioner (Anju Shekhran) against respondent (Guna Shekhran
and Her in -laws). Basic fact of this case is that husband (Guna Shekhran and her
in-laws) hit his wife and harassed her.
Under this petition petitioner filed a petition under Sec. 12 of Domestic Violence
Act and claimed for maintenance and residence for her and her two minor children.

26

On the date of hearing I appeared with Anju Shekhran and her counsel, case was
fixed for evidence but at the same time opposite party took up an adjournment on
the ground that case not prepared for the same and the Honble court adjourned the
matter for 1/7/2015 and granted last opportunity for cross examination to M/s Anju
Shekhran

27

CASE NO. 4

IN THE COURT OF SH. KRISHNA KUMAR,

Tasleem @ pappu
v.
The State (NCT Govt. of Delhi)

FACTS
This is a very interesting rape case which shows the presence of moral justice.
Facts of caseIn this case a lady filed a case against a man named Tasleem that he raped her.
It was told by the victim that while she was present at her house alone, one person namely Pappu
on the plea of asking a screw driver entered inside her room and bolted the door and thereafter on
the point of knife by thing out the same from the room, extended threat to her and forcible
committed rape upon her. Thereafter extending threat to her as not to disclose incident to anyone,
said Pappu left from the spot. She disclosed to her husband about the incident. In pursuance of
the statement of the prosecutrix F.I.R. was registered at P.S. Nangloi.
Investigation was done by ASI Neena Devi and all the articles collected from the spot i.e. knife,
petticoat and socks etc. were given for tests in concerned labs.

28

DECISION
All the reports were not in favor of prosecutrix but decision was given in favor of prosecutrix
and accused was given punishment of 10 years under section 376 IPC.
This decision was completely given on the basis of corroborated statements of prosecution
witness 1, 2 and 3 i.e. prosecutrix, husband of prosecutrix and FSL report expert.
Court didnt find any force on the said defence plea of false implication by the prosecutrix
merely at the instance of her husband due to earlier quarrel on account of petty issue of Rs. 200/.
as court was of the considered view that a woman in the tradition bound non-permissive society
in India would be extremely reluctant even to admit any instance which is likely to reflect on her
chastity and she was naturally conscious about the danger of being ostracized by the society and
therefore court dont see any reason as to why the prosecutrix will go to the extent of going to
depose regarding commission of rape upon her by the accused, in case accused actually have not
committed rape upon her.

OBSERVATION
In this case I observed that court rely on the quality but not quantity of evidences and witnesses.
In this case court just basically relied upon the statement of the victim.

29

CASE NO. 5

IN THE COURT OF SH. TARUN SEHRAWAT,

Date:-18.05.2015

Rajinder Yadav & ors. Plaintiffs


v.
Mangal Singh & ors. Defendants

FACTS
Plaintiffs are the owner in possession of completely builds up old house situated in Abadi Area of
Lal Dora of Anand Parbat, Delhi. That house was constructed about five decades ago by the
father of the plaintiffs. Defendants demolished the entire existing structure on their plot and
started unauthorized, illegal new construction in it even without getting a plan sanctioned from
the competent authority.
Defendants during raising unauthorized construction, tried to remove the bricks from the wall of
the house of plaintiffs existing adjacent to the plot of defendants.

30

OBSERVATIONS
On hearing of case plaintiff prayed to the Honble court in view of the above facts to pass a
decree of permanent injunction in favor of plaintiffs.
Plaintiffs also filled an application under order 39 rules 1& 2 & with section 151 CPC, to pass an
ex- parte ad interim injunction in favor of plaintiff.
Court granted relief to plaintiffs and stay orders are passed by court. After this, the case matter is
to be heard on next dates by the court.

31

CASE NO. 6
IN THE COURT OF SH. VIJAY KUMAR DAHIYA,

Sudha Gupta
V.
State (NCT of Delhi)
This is petition under article 226 of constitution of India, for issuance of a writ/order in the
nature of certiorari thereby quashing the FIR No 145/2010 registered at PS Raghubir Nagar.
DATE:-10.07.2015
On this date we got the easiest case of our internship but it is an important thing to learn. This
case is good example to explain compoundable and non- compoundable cases.
FACTS
In this case it was alleged by Smt. Sudha Gupta that she went with his son to visit their flats and
when they entered the premises, she and her son were mercilessly beaten by the accused persons
and one of the relative of Mahesh Chand gave a danda blow on the hand of the her due to which
fracture in his little finger besides other injuries. It was further alleged by the petitioners that
after some time two other relatives of Sudha came to spot and they were also beaten by Mahesh
Chand.
After this incident, both the parties settled their disputes amicably without any fear, pressure or
coercion from any corner and as such the joint petition was filed for quashing of the aforesaid
FIR. After the settlement arrived at between the parties, petitioner did not wish to pursue the FIR
and they did not have any objection in the FIR quashing.

32

DECISION
The FIR was quashed.

OBSERVATION
In this case judge observed very carefully and made it sure that there is no pressure on any party.
Honorable judge asked from each and every petitioner whether he want quashing of FIR.
Affidavits of all the petitioners were also taken.

33

CASE NO. 7

IN THE COURT OF SH. GAURAV SHARMA,

Mr. Mohit Mathur


.Complainant
Versus
1)
2)

M/s Hindustan Tubewells


Accused no.1
Dalbir Singh
Proprietor
M/s Hindustan Tubewells
Accused no.2

Complaint under section 138 of negotiable instruments act, 1881 (as amended)
Read with section 420 of the Indian Penal Code.
The complainant had contacted accused no.2 proprietor of the accused no.1 for
executing the work of re-development of tube well bore at the complainants
residence. An advance payment for an amount of Rs.2,75,000 was made to accused
no.2 for the execution of the desired work at the premises. The MOU cum receipt
specifically stipulates that accused no.2 undertakes that in case he fails to carry out
and completely execute the work on or before 31 st Jan, 2015, He shall return the
advance payment to him by the complainant and for which he accused no.2 on
behalf of accused no.1 had issued and handed over to the complainant two post
dated cheques accused no.2 failed to carry out and execute the same.
The cheques of the accused were returned unpaid by the complainants bank on
08.07.2015 with remarks Funds Insufficient
It is noteworthy that the said cheques on the pact of accused tantamount to
cheating, defrauding and unlawful losses.
Next Date:
34

15.09.2015

35

Case NO. 8
IN THE COURT OF SMT. VANDANA,

Ranbir Singh

Appellant
Versus

State of NCT of Delhi

Respondent

Application under section 482 of the code criminal procedure for exemption
from filing certified copies of the annexure.
Brief Facts:
That the petitioner has filed the present criminal appeal under section 341 read
with section 482 of the code of criminal procedure , seeking relief for setting aside
with order dates 26.09.2014 and the proceedings initiated there upon , passed by
the court of Ms. Sujata Kohli , additional session judge / special judge (NDPS) Tis
Hazari , Delhi.
That the petitioner crave leave this Honble court to refer and rely upon the
contents of the said appeal at the time of hearing of this application , as the same
are not being reproduced here for the sake of brevity.
Appeal is pending before the Honble High Court of Delhi.

36

CASE NO. 9
IN THE COURT OF SMT. KAMINI LAU

Neeta Chopra and ANR

Petitioner
Versus

State

Respondent

Application under section 482 of the code of criminal procedure seeking


restoration of the above mentioned petition to its original number.

Brief Facts
That the above mentioned petition was pending before this Honble court and vide
order dated 29.11.2014 the said petition was dismissed for non-prosecution by this
Honble court and hence the present application.
Both the petitioners are senior citizens aged about 63 years and are permanent
residents of Delhi. It is humbly submitted that they are falsely implicated in the
present case by the investigating agencies at the behest of the complainant.
Next date
09.10.2015

37

Case NO. 10
IN THE COURT OF SH. RP PANDEY, ADJ

State
Versus
Surinder Bhatt

Brief Facts
The witness Krishan Dagar had come to the house of his cousin brother Vishal
about 10-15 days prior to the commencement of the said offence on 07.04.13 at
about 11:30 after taking the meals at the flat of his cousin Vishal in Paschim Vihar,
Kishan along with his friend Pardeep who lives in same flat on the first floor. We
were walking in front of the said house after they had reached nearby their flat one
Honda city car of silver color came from the back side and stopped nearby them.
When Krishan reached near the said car in the impression that they had stopped for
some address query Kishan saw that one of the accused Pahuja was driving the
said car. The accused Pahuja was driving the said car. The other accused sitting at
the back seat fired from the pistol type weapon which was in his hand towards him
and the bullet hit on his thigh and then he again fired upon him the other bullet
injury which hit him on the right leg below knee and thereafter, the driver of the
car left the place.
After 20 minutes the car again came back at this time the accused Charu had fired
3-4 rounds pointing towards Krishan and Pardeep but none of those bullets hit any
of them. Thereafter they left the place.

38

Charge
RP Pandey, additional sessions judge (O), Tis Hazari, Delhi do thereby charged
Surinder Bhatt @Charu Son Sh. Ram Sagar, as under:
That on 07.04.13 on the night intervening 8.4.13 at about 12.00 midnight on road
in front of H.N.O B-5/312 , sector II , Paschim Vihar within the jurisdiction of
PS: Paschim Vihar, accused along with CO accused Ramesh and Satish in
furtherance of common intention assaulted on the person of Krishnan Dagar and
caused bullet injury on his person and also fired towards Pardeep with such
intention or knowledge and under such circumstances that , if by that act had
caused his death , that they all would have been guilty of murder and thereby
committed an offence punishable under section 307/34 IPC.
Section of IPC included in the case:
Section 307 attempt to murder:
Whoever does any act with such intention or knowledge and under such
circumstances that, if he by that act caused death, he would be guilty of
Order , Shall be punished with imprisonment of either description for a term which
may extend to 10yrs and shall also be liable to fine ; and if hurt is caused to any
person by such act , the offender shall be liable either to imprisonment for life, or
to such punishment as in here in before mentioned.
Essentials
PART 1 a. Accused did some act
b. Such act was done with intention
PART 2 a. Accused did some act
b. Such act was done with knowledge or intention
c. Hurt was caused to the victim by the act
PART 3 a. Accused did some act.
b. Intention or Knowledge
c. Hurt
d. Accused when committed offence was under sentence of life
imprisonment
39

My Experience In a Legal Firm


This past summer, I spent a month in GAUR &
ASSOCIATES Law firm, Civil and Criminal Law had
always been one of the career ideas bouncing around my
head. So, I decided to do internship in Civil as well as in
Criminal Law.

I was assigned with various Civil and Criminal cases and


researched legal propositions related to various types of
agreements, contracts, petitions , rent control act, also with
many criminal procedures and much more . I wrote up some
cases in which I took part may u call it by reading or
attending the cases personally. The projects I was involved in
sometimes made my head spin. The best part of my
experience was working with my Mr. Naveen Gaur
(DIRECTOR) and Mr. Kaushlendra Singh (ASSISTANT .
DIRECTOR) who seemed to have solutions to all my
problems and for proving the nice ideas to work upon.
Simply put, I could not have done this work without the lots
of help I received cheerfully from them. They even explained
my how A LEGAL FIRM really works and what it basically
deals with and most importantly what is the role of the law
towards the society.
The work environment at the FIRM was great and through
this internship I ended up with way more than better
research skills.
40

You might also like