SUMMER INTERNSHIP REPORT CONDUCTED AT DISTRICT COURT

ROHINI COURT

Submitted in partial fulfillment of the requirements

for the award of the degree of

BBA LL.B/BA LL.B

To

Guru Gobind Singh Indraprastha University, Delhi

Intrenship Co-ordinator: Submitted by:

Ms. Sonam Das Student Name: Dhruv sharma

Roll No: 01319103516

GITARATTAN INTERNATIONAL BUSINESS SCHOOL (Capital Letters)

DELHI-110085
Batch (2016-2021)
 CERTIFICATE

I, Dhruv Sharma, Enrolment No. 01319103516 certify that the Summer Internship is
conducted by me and the Report submitted is an authentic work carried out by me under Sh.
Nitin Vashist (Name of Advocate/Firm). The matter embodied in this Report has not been
submitted earlier for the award of any degree or diploma to the best of my knowledge and
belief.

Signature of the Student

Date:

Certified that the Summer Internship Report conducted by

by Mr./Ms.______________________________, Enrolment No.: 01319103516,

Conducted at ____________________________________(Name of organisation) is

completed under my guidance.

Signature of the Guide

Date:

Name of the Guide:

Designation:

Countersigned

Summer Internship Coordinator Principal

 CONTENTS

S No Topic Page No
1 Certificate (s) i
2 Acknowledgements ii
3 List of Tables iii
4 List of Abbreviations iv
5 Chapter-1: Legal Delivery System at District Level
6 Chapter-2: Office Procedures at Advocate’s Office
7 Chapter 3: Filling A Case & Court Procedures
8 Chapter 4: Case Diary
9 Chapter 5: Learning Summary
10 References/Bibliography
11 Appendices/Annexure
 ACKNOWLEDGEMENTS

I would like to express my sincere gratitude towards Advocate Nitin Vashist chamber no. 302,
Rohini court , Delhi for giving me an opportunity to home my skills towards this profession with
his great knowledge. It was only under his guidance that I was able to complete my internship
successfully.

I wish to thank Ms. Sonam Das, Asst. Prof. of Law, Gita Rattan International Business School,
along with entire faculty of the institute for providing their valuable suggestion, guidance and
help at every stage.

Dhruv Sharma

01319103516

BBA.LLB. (H)

3rd year (5 th Semester)

 LIST OF ABBREVIATIONS

S No Abbreviated Name Full Name

1 CPC Civil Procedure Code
2 CW Civil Writ
3 Cr. p.c. Criminal Procedural Code
4 N.I. Act Negotiable Instruments Act
5 I.P.C. Indian Penal Court
6 F.I.R. First Information Report
7 ATR Action Taken Report
8 I.O Investigating Officer
 Chapter-1

LEGAL DELIVERY SYSTEM AT DISTRICT LEVEL

India, being a common law country derives most of its modern judicial framework from the
British legal system. There exists a uniform system of justice dispensation, with the Supreme
Court at the apex level and High Courts in the state along with various Subordinate Courts. Thus,
in the strict sense, the Indian Judicial System does not operate on only Federal lines, as may be
seen in the United States. It does not have the dual system court and the judiciary is one
integrated whole. There are no federal court as such to decide federal questions exclusively.

The decisions of the Subordinate Court can be appealable in the High Courts. However, though
the High Court functions independently in their area of jurisdiction, their decisions can be
challenged in the Supreme Court. The procedures for this mechanism are laid down in the
constitution and various tools have also been framed by the courts for this purpose. It may be
said, therefore, that the Indian Judiciary operates on “quasi-federal” lines.

1.1 EVOLUTION OF COURT SYSTEM IN INDIA.

History comprises of the growth, evolution and development of the legal system in the country
and sets forth the historical process whereby a legal system has come to be what it is over time.
The legal system of a country at a given time is not the creation of one man or of one day but is
the cumulative fruit of the endeavor, experience, thoughtful planning and patient labour of a
large number of people through generations.

With the coming of the British to India, the legal system of India changed from what it was in the
Mughal period where mainly the Islamic law was followed. The legal system currently in India
bears a very close resemblance to what the British left us with. As per the needs of the changing
times changes and amendments were made, but the procedure which is followed not has its roots
in the era of British-India. Little did the traders of the English East India Company while
establishing their trade in India know that they would end up establishing their rule for about 200
years here. But the evolution of law as it is today did not come about in one go altogether. It was
the Presidency Towns individually that were first affected by this change in hands of the
governance of India after which the steps towards amalgamation of the judicial system were
taken by the Charters of 1726 and 1753. To improve upon this, under the Regulating Act of 1773
Supreme Courts in the Presidency Towns and then under the Act of 1798 the Recorder’s Courts
at Madras and Bombay were established. These were ultimately replaced by the establishment of
the High Courts under the Act of 1861, which are still running in the country. It was only after
independence in 1950 that the Supreme Court was established. Reforms and codifications were
made in the pre and post independence eras and are still continuing.

Therefore development of law can be classified into:-

1 Ancient Period

India has a golden history of over 5000 years. Therefore a comprehensive study of Indian legal
history comprises of the historical process of development of legal institutions in Hindus and
Muslim periods.

i. Pre-Mughal Era

The various sources of law relied upon by the kings at that time were shrutis, smritis, puranas,
dharmasutras, dharmashastras, etc. The Arthashastra and Manusmriti were influential treatises
in India, texts that were considered authoritative legal guidance.

Ancient India represented a distinct tradition of law, and had a historically independent school
of legal theory and practice. The political structure in the Vedic Period consisted of kingdoms,
each tribe forming a separate kingdom. The basic unit of political organization was
the kula (family). A number of kulas formed a grama(village), Gramani being the head. A group
of gramas formed a vis (clan) and a number of vis formed the jana(tribe). The leader
was Rajan (the Vedic King). The king (raja) was the supreme head of the legislative, executive
and judiciary branches. The members of the council of minister could give advice to the king, but
final decisions were left to the king. The ministers and other officials were directly appointed by
the king. The sabha and thesamithi were responsible for the administration of justice at the
village level.

According to BrihaspatiSmiriti, there was a hierarchy of courts in Ancient India beginning with
the family Courts and ending with the King. The lowest was the family arbitrator. The next
higher court was that of the judge; the next of the Chief Justice who was called Praadivivaka, or
adhyaksha; and at the top was the King’s court.

Early in this period, which finally culminated into the creation of the Gupta Empire, relations
with ancient Greece and Rome were not infrequent. The appearances of similar fundamental
institutions of international law in various parts of the world show that they are inherent in
international society, irrespective of culture and tradition.

ii. Mughal Era

The ideal of justice under Islam was one of the highest in the Middle ages.The administration of
justice was regarded by the Muslim kings as a religious duty.

Sources of Islamic Law are divided into Primary and Secondary Sources.

Quran is the first and the most important source of Islamic law. It is believed to be the direct
words of God as revealed to Muhammad through angel Gabriel in Mecca and Medina. Muslim
jurists agree that the Quran in its entirety is not a legal code.

Sunna is the traditions or known practices of Prophet Muhammad, recorded in

the Hadith literature. Quran justifies the use of Sunna as a source of law.

Ijma and Qiyas are the secondary sources of Islamic law. There are 72 Muslim sects in all with
the Shia sect being the most popular in India

Under the Moghal Empire the country had an efficient system of government with the result that
the system of justice took shape. The unit of judicial administration was Qazi. Every provincial
capital had its Qazi and at the head of the judicial administration was the Supreme Qazi of the
empire (Qazi-ul-quzat). Moreover, every town and every village large enough to be classed as a
Qasba had its own Qazi.

During this period, the personal laws of the non-Muslims were applied in civil matters, but the
criminal law was the Islamic in nature. Whenever there was a conflict between Islamic Law and
sacred laws of the Hindus, the former prevailed.

2 Medieval Period (1600-1726)

The charter of 1600 established the English East India Company in India. as per the charter of
1661 the English and the Indians residing under the Company came under its jurisdiction.

From the period ranging from 1661 till 1726, laws of equity and justice in conformity with the
laws in England were followed. There was no codified law.

In Calcutta, the judicial system was based on the Company’s authority as a zamindar. This
continued till the charter of 1726 was passed.

Before Madras attained the position of a Presidency in 1665 it had two courts namely, the
Choultry Court and the Court of the Agent and Council.

By the charter of 1668 the Company was conferred powers to make laws for the island of
Bombay.

From this period till the passing of the Charter of 1726, there were civil and criminal courts in
these presidencies. In madras, there was the choultry court, the mayor’s court and the admiralty
court as well. On the other hand, in Bombay till 1726 judicial systems were not stable and kept
changing. Earlier there were courts like the Court of Judicature (1672) which dealt with civil and
criminal cases and matters of probates and testaments, and a Court of Conscience to decide petty
cases.

There was a system of appeals as well. In madras the appeals from the Mayor’s Court were filed
to the Governor and Council. On the other hand, Bombay had Deputy-Governor and Council as
its appellate Court. In Bombay this system elapsed due to lack of independence of the judiciary.
In the following judicial system of Bombay an admiralty court was established with a Judge-
Advocate as its head. This court apart from its existing powers enjoyed civil and criminal
jurisdiction. Later a court of Judicature was established under this system after which the
Admiralty Court lost its ground. The Admiralty court in Madras also became irregular by this
time. Another system came about in 1718 in Bombay and this gave representation to the Indians
as well by appointing 4 Indian Judges, known as Black Justices, in the Court.

Charter of 1726

In the subsequent years the Charter of 1726 was passed which granted special powers to the
Company as was requested by it. Under this Charter the Mayor’s Court was established. This
superseded all the other courts of Bombay, Madras and Calcutta. This was a court of record.

The Laws under this Charter were also applied in conformity with the laws in England on the
principles of equity and justice. Appeals from this court could be filed in the court of Governor
and Council and further in the court of King-in-Council in England.

Requisite independence was assured to the Mayor’s Courts but this along with their strict
adherence to English laws became the cause of some difficulties like hostility between the Mayor
and the Governor and Council, and non clarity regarding jurisdiction of the Mayor’s Court in
respect of the natives. The judiciary did not possess expert staff for administering justice and the
executive did not have respect for the judiciary

This system remained suspended while the French had occupied Madras which they later
surrendered in 1749. Then the Charter of 1753 was passed in order to remove the difficulties of
the preceding Charter.

This charter put the Mayor under the subjection of the Governor and Council in order to avoid
disputes between the two. Suits and actions between the natives were expressly excluded from
the jurisdiction of the Mayor’s Court unless both parties submitted them to its determination, and
a Court of Requests was created to hear small civil cases.

The defects of this Charter can be summarized by mentioning the executive ridden judiciary,
failure of impartial judgment, judiciary suffering from lack of legal knowledge, limitationof the
jurisdiction of the Courts to Presidency Towns, and no representation of Indian Judges as
opposed to earlier provisions in some courts in Bombay.

The Company’s financial break-down was the immediate cause for the enforcement of the
Regulating Act of 1773. Section 13 of the Act provided for the establishment of a Supreme Court
at Calcutta. The court, also a court of record with the power to punish for its contempt, had civil,
equity, criminal, ecclesiastical and admiralty jurisdiction. Appeals against decisions of this Court
and through the Court could be filed in all civil and criminal cases respectively before the King-
in-Council. The establishment of this Court was a welcome as it was the first British Court in
India consisting of lawyers, its jurisdiction was so wise that it covered all kinds of legal wrongs
and that since all British subject came under its jurisdiction it ensured rule of law.

The Act of Settlement 1781 aimed at removing the ambiguities created by the former Act, but
was not successful in its entirety.

With the increase in activities of the Company an urgent need of a lawyer-judge was felt to deal
with new cases. The Charter in 1798 did the needful by establishing the Recorder’s Court at
Madras and Bombay. This Court had similar jurisdiction and was subject to the same restrictions
as the Supreme Court of Calcutta. In 1801 and 1824 Supreme Courts were established in Madras
and Bombay respectively. The Constitutional powers, functions, limitations and jurisdiction of
these courts were the same as that of the Supreme Court at Calcutta.

A parallel system of judiciary was running in the mofussil areas. The Company attained the
Diwani of Bengal, Bihar, and Orissa in 1765. As per the plan of 1772 under Warren Hastings, the
Courts of Original Jurisdiction were MofussilFaujdariAdalat, the court of criminal
jurisdiction; MofussilDiwaniAdalat, the court of civil jurisdiction and Small Cause Adalat. Under
the Appellate Courts we had SadarNizamiAdalat, the criminal court of
appeals; SadarDiwaniAdalat, civil court of appeals. The Collectors started monopolizing the
trade in the districts putting the end to this system and giving rise to a new plan of 1774.

Under this system, diwan or amil, acted as the judge of the MofussilDiwaniAdalat. The Mofussil
areas of Bengal, Bihar and Orissa were divinded into six districts with a Provincial Council in
each district acting as the Appellate Court. The Council started creating difficulties and
monopolizing trade within its jurisdiction. This led to an end of this plan as well and a new plan
of 1780 was formulated.

This plan separated the executive from the judiciary. Provincial courts were left with the function
of collecting land revenue only. For civil cases, a DiwaniAdalat was established from which
appeals went to the SardarDiwaniAdalat. Though this system assured the independence of the
judiciary there were certain set-backs.

For the administration of criminal justice in a more efficient manner Warren Hastings drew a
scheme in 1781 under which for apprehending criminals, Judges of
the MofussilDiwaniAdalats were authorised to work as Magistrates and a department headed by
the Remembrance of criminal Courts was opened to look after the working of the said courts.

The Governor –General Lord Cornwallis (1786-1793) introduced changes in the judicial system
in 1787, 1790, and 1793. He had thoroughly reorganized the civil and criminal judicial system in
India in Bengal, Bihar, and Orissa. He for the first time introduced the principle of administration
according to law.

In 1787 he merged the revenue collection and power to try the revenue disputes in the same
hands of the magistrate who formed the Mal Adalat. Appeals from the Mal Adalat had to go to
the Governor General.

In the year 1790 the policy of 1787 was annulled. Cornwallis took a great step to improve
administration of justice in the Mofussil by reforming the criminal law. The scheme had three
limbs: at the lowest were the magistrates in the district, then the courts of circuits, and ultimately
there was the SadarNizamatAdalat at Calcutta (initially at Murshidabad). SadarNizamatAdalat,
put under the control of Governor-General and his Council, was being assisted by the Muslim
law officers who were to expound the law. But later he brought reforms to the plan in year 1793
and introduced the most famous plan of the history.

According to this plan the Supreme Court was divested of all its powers except for the power of
appeal and the Collector was to be given civil as well as revenue cases. Executive was estranged
from the judiciary in its entirety. He introduced professional lawyers or vakeels in the courts to
appear on behalf of the parties to contest their case in order to increase efficiency.
Cornwallis did everything on structural and procedural side but he could not do much to reform
the substantive law, particularly the criminal law which ‘was based on Muslim law and suffered
from a number of defects’.

3 Modern Period

Pre Independence

The year 1861 also constituted a conspicuous landmark in the process of development of legal
and judicial institutions in India. It was during this year that the steps were taken to establish
High Courts at Calcutta, Madras and Bombay. These High Courts were not only better
instruments of justice than the preceding courts, but also represented the amalgamation of the
hitherto existing two disparate and distinct judicial systems, the Company’s Courts in the
Provinces of Bengal, Bombay Madras, and the three Supreme Courts(established by the Royal
Charter) in the Presidency town.

The High Court enjoyed the same power over all persons and estates. It had ordinary original,
appellate and extraordinary original jurisdiction in civil cases whereas extraordinary and
appellant jurisdiction in criminal cases. While exercising ordinary original jurisdiction the Courts
were to apply the law of equity of the corresponding Supreme Court. In extraordinary original
jurisdiction, the Courts applied the law of the corresponding local court, whereas in case of
appellate jurisdiction the Courts applied the law of the court of original case filing. Acting as the
court of appeal, reference or revision in Criminal cases, the courts applied the Indian Penal Code.
The High Courts were empowered to make rules and orders for regulating all its proceedings in
civil matters. By

the subsequent charters High Courts were formed in Allahabad (1875), Patna (1912), Lahore
(1865) etc.

The King, in the capacity of the being regarded as the fountain of justice in English legal system,
could hear any petition filed by a party with respect to any matter with the help of the Privy
Council. This was later, exercised by the King in the form of appeals and not otherwise. Appeals
from India could be filed as of right or with the special leave of the Privy Council.

After the mutiny of 1857 the Company’s Government came to an end and the administration of
the country was placed in the hands of the Crown through the Secretary of State for India. For
this purpose the Indian Councils Act, 1861 and 1892 were passed. But these Acts were not
enough to satisfy the growth and organized demand for self-government by the Congress. Thus
came about the Morley Minto Reforms in the year 1909 with its most important aspect being the
increase of the representative element in the Legislative Councils and the extension of their
powers. But the defects such as lack of true representation, etc led to the passing of the
Government of India Act in 1919 which emphasized maximum autonomy to provinces with the
target of achieving self-government. The dissatisfaction of this led to the Government of India
Act, 1935 which aimed to establish federalism.

A Federal Court set up in Delhi was established under this Act. It is believed that out of all the
institutions set up under the Act; this was proved to be the most successful in operation. The
Court was to consist of Chief Justice and not more that six judges. This Court had original,
appellate, and advisory jurisdiction. The Court had exclusive original jurisdiction in all disputed
between the federation and the units or between the units inter se.

An appeal could go to the Privy Council without leave, against the Judgements of the Federal
Court given in its original jurisdiction and in any other matter with the leave of the Privy Council
or of the Federal Court.

In the matter of the laws to be applied the very idea of a single omni-competent legislative body
in India had been mooted in 1829 by the Governor–General, Lord William Bentick.
Administrators at that time wanted to secure uniformity of law throughout the country and that
was unattainable with three co-extensive legislative powers existing in the country. Charter of
1833 helped to receive the object desired. Under this the Governor–General of Bengal, nominated
as Governor-General of India, proposed a uniform All India Legislation and thereby created a
Legislative Council. The laws made by the Council were applicable on all persons and courts. It
had Lord Macaulay appointed as its first Law Member whose powers were increased by the
Charter of 1853. The creation of new council at Calcutta caused the centralization and
concentration of power depriving the Councils of Bombay and Madras of their law-making
powers.

An important step towards fulfilling the goal of securing a uniform and simple system of law in
India through the process of integration of the general system of codes was taken by the Charter
Act of 1833. Section 53 provided for the appointment of a Law Commission in India,
subsequently forming the first commission of India with its members appointed by the
Governor-General. The commissions’ most noteworthy contribution was the Penal Code
prepared under the guidance of the Macaulay. The Commission then drew its attention to the
complaint of the non- Hindu and non- Muslims and thus passed the lex loci report in 1837. The
report proposed an Act making a declaration that except for Hindus and Muslims all others
in Mofussil were to be put under English substantive Law to the extent that it suited the Indian
conditions.

The Second Law Commission, formed in 1853 submitted two reports, one dealing with reforms
of the judiciary and the other with the reforms of law. It recommended the amalgamation of
the SadarAdalats and the Supreme Court in all the presidencies and the adoption of uniform civil
and criminal procedure codes.

The proposals of the first two Commissions resulted in the codification of the Code for civil and
criminal cases in the year 1857 and 1861 respectively and the enactment of the Penal Code in
1860. The Limitation Act and the High Courts Act were passed in 1855 and 1861 respectively.

The Third Law Commission proved to be the most successful of all the Commissions. It drafted
several codes in its seven reports, the important ones being Indian Succession Act, Contract Act
(1872), Evidence Act, the new Limitation Act and the Divorce Act 1869. Interestingly, the
Government at this time was also considering the preparation of the Law Digest of cases. But it
ended abruptly due to the dispute amongst its members.

Many branches of law had been ascertained by now but certain were still un-codified resulting in
great deal of complexities. To this, Lord Salisbury recommended the formation of a small body
to codify the remaining laws and it resulted in the codification of the Transfer of Property Act,
the Easement Act, the Trusts Act and revision of the existing Codes.
With the expiry of the Fourth Commission, there came an end of a large scale codification
undertaken by the British Government. They had successfully enacted the necessary laws to suit
the pressing needs of the country.

Post Independence

The Indian Constituent Assembly passed the Abolition of Privy Council Jurisdiction Act in 1949
to abolish the jurisdiction of the Privy Council in respect of appeals from India and also to
provide for pending appeals.

The present day judicial system in India is quite complicated. It consists of a Supreme Court at
its top, High Courts in the middle and the Subordinate Courts at the bottom. On January 26, 1950,
the Federal Court gave way to the Supreme Court (inaugurated on January 28, 1950) under the
new Constitution and thus began an exciting new era in Indian Legal History. The Supreme
Court, highest court of the land enjoys a very wide jurisdiction. Under Article 131 of the
Constitution the Supreme Court has an exclusive original jurisdiction in cases arise from the
centre and the constituent States or between the States inter se. The Court even has appellate
jurisdiction in case of appeals from its lower courts. Under article 32 of the Constitution the
Court can issue directions, orders or writs for enforcement of the fundamental rights granted to
the people. The President in case of matters related to public importance or treaties etc even seek
the advice of the Supreme Court.

The Supreme Court is a court of record and it has the power to review its decisions.

It consists of the Chief Justice and twenty five other Judges appointed by the President of the
country. The present Chief Justice is S.H.Kapadia..

Second in the hierarchy come the High Courts. As mentioned above the first High Court in the
country was formed under the Act of 1861. But after independence the High Courts have also
become the courts of record with appellate and original jurisdiction. They have been conferred
the power to issue writs. The High Courts have superintendence over all the courts within its
territorial jurisdiction. The decisions of the High Courts become precedents and are followed by
the courts subordinate to it. Each State has its own High Court and a common High Court for
two or more States can also be made.

With respect to Subordinate Courts, the Judges are appointed by the Governor and is controlled
by the corresponding High Court.

NyayaPanchayats are the judicial component of the Panchayat system and are the lowest ring of
our judiciary. Their composition and power differs from State to State. They have jurisdiction
over petty civil and criminal cases.

Our people did not have much say in the formation and reformation of our law during the British
Period. But soon after independence Dr. Hari Singh Gaur moved a resolution in the Constituent
Assembly recommending the establishment of a statutory law revision committee. But later the
resolution was withdrawn on the assurance of the then Law Minister, Dr. B.R. Ambedkar that a
more suitable machinery, would be devised for revising law. This concern was raised time and
again and finally a non-official resolution in this regard was moved in the LokSabha on
19th November, 1954. This resolution was also withdrawn after a statement by the then Prime
Minister Pt. Jawaharlal Nehru which led to the then Law Minister Shri. C.C. Biswas announcing
in the LokSabha the decision of the Government of India, to appoint a law commission, the
membership and terms of reference.

The commission, which was initially appointed upto 31st Decmeber 1956 and then extended from
time to time upto 3oth September 1958, consisted of 7 members with Shri. M.C. Setalvad as its
Chairman. The Commission submitted fourteen reports in all, thirteen on statutes revision,
whereas the fourteenth one running into two volumes relates to reform in judicial administration.
The report was the result of a long questionnaire and deliberations held in different parts of the
country. One of the important recommendations of the Commission was of making Hindi as the
common language throughout for all legal works and the regional languages for district and
lower Courts.

The fifth report resulted in the British Statues Repeal Act, 1960 repealing 258 British Statutes.
The Second Law Commission (post independence) was appointed in 1958 under the
Chairmanship of Shri. T.L. VenkataramaAiyer for a period of three years. The commission made
important reports on law of hire-purchase and marine insurance.

The third and fourth Law Commissions were under the Chairmanship of Shri. J.L. Kapur and
submitted 16 reports and even drafted the Indian Post Office Act, 1898Various Commissions
have so far produced more than 200 reports and currently the 18th Law Commission (2006-2009)
chaired by Justice A.S. Lakshmanan is in vogue.

Conclusion

The societies in the beginning were rudimentary and so were the laws of the societies. Laws have
grown with the growth of society. This establishes a relationship between law and society, where
law is an instrument of social change, and as Pound would put it law must be stable, but it must
not stand still. To comprehend, understand, and appreciate the present legal system adequately, it
is necessary to acquire a back-ground knowledge of the course of growth and development of the
legal history.

A peculiar feature of the legal development in India was that for long the government
endeavored to create a system of courts without ever attempting to develop a body of law.
Conscious efforts to remove these defects were made by developing a coherent body of law. But
the coherent system of law was developed only after the process of codification. Law then
became more territorial and resulted in the abridgment of the differences of law between the
resulted in the application of uniform law throughout the country. The independence of the
judiciary is fairly well assured by the constitution itself and adequate precautions have been
taken to help the judiciary to discharge their functions effectively. Law in the country is now
mostly codified and is uniform throughout the country and the objective is now to update, reform
and bring the law in conformity with the new social conditions prevailing in the country .In
conclusion, we may say that the Indian legal system provides all the machinery for the expansion
and preservation of the law.
 1.2 HIERARCHY OF INDIAN COURT SYSTEM

Courts and Justice system in India The courts are divided into three categories with top court,
middle court and lower court. The top court is named as the Supreme Court, while the middle
court is named as High Court, and the lower court is named as District Court.

The hierarchical structure of court is being endorsed by the Constituency of Indiawith the level
of power exercised by the different level of courts. The judgments can be challenged in the
higher courts if the parties to the cases are not satisfied. The process of escalation is systematic
and thus the system of providing maximum level of satisfaction to the parties is sincerely tried by
the judiciary system.

The feature Indian judiciary system is its hierarchical structure of courts. There are different
levels of judiciary system in India empowered with distinct type of courts. The courts are
structured with very strong judiciary and hierarchical system as per the powers bestowed upon
them. This system is strong enough to make limitation of court with its jurisdiction and exercise
of the power.

The Supreme Court of India is placed at the top of the hierarchical position followed by High
Courts in the regional level and lower courts at micro level with the assignment of power and
exercising of the same for the people of India.

(a) Supreme Court

Supreme Court of India is the highest level of court of Indian juridical systemwhich was
established as per Part V, Chapter IV of the Constitution of India which endorses the concept of
Supreme Court as the Federal Court to play the role of the guardian of the esteemed constitution
of India with the status of the highest level of court in the status of appeal cases.

(i) Constitution Regulation

As conferred by Articles 124 to 147 of Indian Constituency, the jurisdiction and composition of
the Supreme Court is being fixed. This court is primarily of the status of appellate court. This
court is accepting the appeals of cases which are being heard in the High courts situated in
different states and union territories with dissatisfaction of related parties. This court also accepts
writ petitions with the suspected occurrence of activities which may infer about violation of
human rights and subsequent petitions are accepted to hear and judge the consequences of such
happenings.

These types of petitions are accepted under Article 32 of Indian constitution. This article confers
the right to ensure remedies through constitution. This court also hears about such serious issues
which need to be attended with immediate attention.

(ii) History

This court has started its operation since 28th January 1950 with the inaugural sitting, the day
since when the constitution of independent India had been effectively applicable. The court had
already taken care of more than 24,000 judgments as per report of the Supreme Court.

(iii)Structure and Application

This court is comprised of the Chief Justice along with 30 other judgesto carry on the operation
of the court. The proceeding of the Supreme Court is being heard only in the language of
English. The Supreme Court is governed by the Supreme Court Rules which was published in
the year 1966.
The same had been fixed under the Article number 145 of the Constitution of India to ensure the
regulation of procedures and practices of the Supreme Court. This article is passing through the
process of upgrading with the presently enforced Article as per the Supreme Court Rules, 2015.

(b) High Court of India

(i) Constitution

High Courts are second Courts of Importance of the democracy of India.They are run by Article
141 of the Constitution of India . They are governed by the bindings conferred by the Supreme
Court of India so far judgments and orders are concerned. The Supreme Court of India is the
highest level of courts and is responsible for fixing the guidance to the High Courts set by
precedence.

High courts are the types of courts which are instituted as the courts powered by constitution
with the effect of Article 214 Part IV Chapter V of the Indian Constitution. There are 24 high
courts in India taking care of the regional juridical system of India out of which Kolkata High
Court is the oldest.

(ii) Jurisdiction

These courts are mainly confined to the jurisdiction of state, group of states or Union
Territory. They are being empowered to govern the jurisdiction of lower courts like family, civil
and criminal courts with other different courts of the districts. These courts are of the statute of
principal civil courts so far originality of jurisdiction is concerned in the related domain of the
states and the other district courts.

These courts are treated as subordinate to High Courts by status. But High Courts are mainly
exercising their jurisdiction related to civil or criminal domain if the lower courts are proved
incapable of exercising their power as per authorization extended by law. These situations may
be generated through the inability of financial or territorial jurisdiction. There are specific areas
in which only High Courts can exercise the right for hearing like cases related to Company Law
as it is designated specially in a state or federal law.

But normally the high courts are involved in the appeals raised in the cases of lower courts with
the writ petitions as conferred in Article 226 of the Constitution of India. The area of writ
petitions is also the sole jurisdiction of high courts. The jurisdiction of High Court is varying so
far territorial jurisdiction is considered.

(iii) Official structure and application

The appointment of the judges of High Courts are being executed by the President of India with
the consultation of the Chief Justice of India, the Chief Justice of High Court and the Governor
of the state or union territory.

Decision on the number of judges in High Court is mainly dictated considering the higher
number of either the average of organization of main cases for the last years as per the average
nationally calculated or the average rate of main cases disposed per judge per year in the
respective high court.

The high courts with handling of most of the cases of a particular area are provided with the
facility of permanent benches or branches of the court situated there only. To serve the
complainants of remote regions the establishment of circuit benches had been made to facilitate
the service with the schedule of operation as per the occurrence of visit of the judge[8] .

(c) Lower Courts of India

i. District Courts

Constitution

The basis of structuring of district courts in India is mainly depending upon the discretion of the
state governments or the union territories. The structure of those courts is mainly made
considering several factors like the number of cases, distribution of population, etc. Depending
upon those factors the state government takes the decision of numbers of District Courts to be in
operation for single district or clubbing together different adjacent districts.

Normally these types of courts exercise their power of juridical service in district level. These
courts are covered by the administrative power of the High Courts under which the district courts
are covered. The judgments of the district courts are subject to review to the appellate
jurisdiction of the respective high court.

Structure and Jurisdiction

The district courts are mainly run by the state government appointed district judges. There are
additional district judges and assistant district judges who are there to share the additional load of
the proceedings of District Courts. These additional district judges have equal power like the
district judges for the jurisdiction area of any city which has got the status of metropolitan area
as conferred by the state government. These district courts have the additional jurisdictional
authority of appeal handling over the subordinate courts which are there in the same district
specifically in the domain of civil and criminal affairs.

The subordinate courts covering the civil cases, in this aspect are considered as Junior Civil
Judge Court, Principal Junior and Senior Civil Judge Court, which are also known as Sub
Courts, Subordinate Courts. All these courts are treated with ascending orders. The
subordinate courts covering the criminal cases are Second Class Judicial Magistrate Court,
First Class Judicial Magistrate Court, and Chief Judicial Magistrate Court along with
family courts which are founded to deal with the issues related to disputes of matrimonial issues
only. The status of Principal Judge of family court is at par with the District Judges.

There are in total 351 district courts in operation out of which 342 are of states while 9 are of
union territories.

ii. Village Courts

Constitution Structures and Features

The village courts are named as LokAdalat or NyayaPanchyat which means the service of justice
extended to the villagers of India. This is the system for resolving disputes in micro level. The
need of these courts is justified though the Madras Village Court Act of 1888. This act is
followed by the development post 1935 in different provinces, which are re-termed as different
states after the independence of 1947.

This conceptual model had been started to be sued from the state of Gujarat consisting of a judge
and two assessors since 1970s. The Law Commission had recommended in 1984 to form the
NyayaPanchayat in the rural areas with the people of educational attainment. The latest
development had been observed in 2008 through initiation of Gram Nyaylayas Act which had
sponsored the concept of installation of 5000 mobile courts throughout the country. These courts
are assigned to judge the petty cases related to civil and criminal offence which can generate the
penalty of up to 2 years imprisonment.

So far the available statistics of 2012 there are only 151 Gram Nyaylayas which are functional in
this big country which is far below the targeted figures of 5000 mobile courts. While trying to
find the basic reasons for this non achievement, it was found as financial constraints followed by
shown reluctance by the lawyers, respective government officials and police.

1.3 CONSTITUTION AND COMPOSITION OF DISTRICT COURTS

1. There are 6 districts courts in Delhi:-

1 Tis hazari: They are serving at North and West districts in both civil and criminal
cases. It is located between mori gate and between St. Stephens Hospital in old Delhi.
 2 Patiala house: They are serving at the New Delhi District and it also has criminal,
motor accident claims tribunal and two special CBI courts.

3 Karkardooma : They are serving at east and north east districts and consist criminal,
one matrimonial court, two motor accident claim tribunal and all labor courts.

4 Rohini: They are serving at outer and west districts and consist criminal, civil, rent,
matrimonial courts.

5 Dwarka : They are serving to south west district and consist civil, criminal, MACT ,
matrimonial courts etc.

6 Saket: They are serving t south and south west districts and have civil, criminal, MACT
etc.

(d) Nomenclature of judges

The highest court in each of the district is that of the District and Sessions Judge. Thedistrict
court is also a court of Sessions when it uses its jurisdiction on criminal mattersunderCrpc. The
Additional District Judge and the court presided have equivalent jurisdiction as the District Judge
and his district court.

However, the district judge has only supervisory control over Additional and Assistant
DistrictJudges, including decisions on distribution of work among them. The District and
Sessions judges often named as " districtjudge" when he presides over civil matters
and " sessionsjudge" when he presides over criminal matters. Being the highest
judge at district level, the District Judge has also the power to manage the state funds allocated
for the development and maintenance of courts in the district.
The district judge is also called " Metropolitan session judge" when he is presiding
over a district court in a city which is designated " Metropolitanarea " by the state
Government. Other courts subordinated to district court in the Metropolitan area are also referred
to with " metropolitan" prefixed to the usual designation. An area is designated a
metropolitan area by the concerned state Government if population of the area exceeds one
million or more than that.

(e) Appointment

The judges of subordinate courts are appointed by the Governor in consultation with the chief
justice of the High Court of that State. A minimum of seven years of practice is necessary as a
lawyer at bar is qualification for direct entry level to become a District Judge after a written
examination and oral interview by a committee of High court judges, the appointment of district
judges is notified by the state Government. This is referred to as direct recruitment. District
judges gets also appointed by way of elevation of judges from courts lower to district courts
provided they fulfill all the minimum years of service but unfortunately the entry level district
judge exams have caused the judges on the lower rungs of the Judiciary to become lax as their
chances of filling up posts for the work they had done may never fructify to promotions because
of posts later being filled up by lawyers directly becoming district judges.

1.4 ADMINSTRATIVE CONTROL OVER DISTRICT COURTS

The District and Sessions Judge is the Controlling and appointing authority of the ministerial
staff of all the Courts of his Civil and Sessions Division. The District and Sessions Judge is also
the disciplinary authority in respect of the ministerial staff of his Civil and Sessions Division.
The District and Sessions Judge is also head of the District Judiciary and is also acting as
Chairman, District Legal Services Authority. All correspondence of the subordinate courts to the
Hon’ble High Court is being routed through the office of District and Sessions Judge. In some
matters of the subordinate Courts final action is taken by the District and Sessions Judge.
There is one post of Superintendent Grade-I, in the office of District and Sessions Judge and
althea administrative work of Civil and Sessions Division is being looked after by the
Superintendent Grade-I. Initially, the administrative files are being dealt by the English Clerk
and Leave Reserve Clerk of the office of District and Sessions Judge and Accounts matters are
being dealt by the Civil Nazir and NaibNazir of the office of District and Sessions Judge. The
work often establishment of the office of District and Sessions Judge is being looked after by the
Superintendent Grade-I under the direct control of the District and Sessions Judge. The
Superintendent Grade-I is also acting as Senior Court Officer for taking up service matters. The
appointing and controlling authority in respect of the post of Superintendent Grade-I in the Civil
and Sessions Division is Hon’ble High Court of Himachal Pradesh.

Besides this, in the Court of District & Sessions Judge, one post of Superintendent Grade-II
(Reader) has been provided to attend to the court work. Civil and Criminal Ahlmads (Clerks)
have been assigned the work of dealing Civil and Criminal cases and they have to comply with
daily orders of the Court. Similarly, in the Subordinate Courts Civil and Criminal Ahlmads have
been provided in each court for maintaining Civil and Criminal Cases. In subordinate courts
posts of NaibNazir and Copyist have also been provided. In subordinate Courts one post of
Superintendent Grade-II has been provided to each court except Court No.III (Una) to attend to
the administrative matters. However, Superintendents do not dispose of any matter at their own
level.

1.5 OTHER ADJUDICATORY BODIES AT DISTRICT LEVEL.

1 Family courts

Purpose: The family courts have the entire jurisdiction which is exercised by
any DistrictCourt or any subordinate civil court in the following matters-
 i. Matrimonial cause
ii. Maintenance and alimony of spouses
iii. Custody and guardianship of children
iv. Settlement of spousal property

Functions: The family court has the power to make their own procedure.

i. They are not required to record the oral statement of the witness at length.
ii. The appeal from family courts lies directly to the High Court.
iii. The Family Court can receive any document or statement even if it is not
admissibleunder Indian Evidence Act 1872.

2 Green Courts

India is only the third country after Australia and New Zealand to have a dedicated green
court.Launched last October, NGT is headed by L.S. Panta, a retired judge of the
Supreme Court.Headquartered in New Delhi, the NGT will soon have circuit benches in
the four regions of thecountry.

Purpose:The tribunal deals with cases relating to water pollution, forest conservation, air
pollution,environment protection, public liability and biological diversity.

Functions:It deals with the cases of

i. Water and air ( prevention and control of pollution) Acts.

ii. Biological diversity Act
iii. Environment protection Act
iv. Forest conservation Act
3 CBI Courts

The CBI is headed by cabinet minister and directly reports to the prime minister.CBI is
the chief investing agency of India.

Purpose: To try the cases which are investigated by CBI and their speedy and efficient
disposal.

Functions: It deals with the following types of cases:

i. Anti corruption cases
ii. Economic crimes
iii. Special crimes
iv. Any other case under Sec 3 of the Central Govt Act.

4 Mediation Centre

Mediation is one of the Alternative Dispute Resolution Methods contemplated under

Section 89of the Code of Civil Procedure enacted by the Parliament. Mediation is a
process in which neutral third party assists the disputing parties to creatively resolve their
disputes without going to trial. Mediation presents a unique opportunity for dispute
resolution with the involvement and participation of all the parties and their advocates. A
neutral third party called " mediator" uses special negotiation skills and
communication techniques to help litigants bridge their differences and find a solution to
their dispute. Mediation always leaves the decision making power with the parties. A
Mediator does not decide what is fair or right or apportion blame. Rather, a mediator acts
as a catalyst to bring the two disputing parties together by defining issues and eliminating
obstacle for communication and settlement.
 Purpose:

i. To keep the confidentiality between the parties.

ii. To reduce burden on courts. This takes less time and cheaper than the regular
courts.

Functions:
i. For settlement between the parties effectively and efficiently.
ii. For negotiation on settlement between the parties.

CHAPTER -2

OFFICE PROCEDURES AT ADVOCATE’S OFFICE

Office procedure can be defined as the series of steps in which the activities are performed .It is
related to what is done? When, How, where, and who does it? Office procedures are necessary
to ensure efficiency in the Court. Handling calls in and out, document filing, taking messages,
client interaction and even furniture arrangement can all fall under office procedure.
Office procedures makes a uniform way of doing things that create professionalism, efficiency
and consistency within the office environment

2.1CLIENT COUNSELLING

Counseling aims at helping the clients understand and accept themselves “as they are”, The main
objective of counseling is to bring about a voluntary change in the perceptions of the client. The
commonly understood goals of counseling can be stated as:
1. Facilitating behaviour change.
2. Improving the client’s ability to establish and maintain relationships.
3. Enhancing the client’s effectiveness and ability to cope.
4. Promoting the decision-making process and facilitating client potential.
5. Development of client
The steps required are:-
a) Adopt a normal conversational style of talking – be a human first and then a lawyer.
b) Be gradual in introducing the law to your client – don’t bombard him with your legal
knowledge.
c) Explain legal concepts to your client in simple layman language – excessive legal jargon
is to be avoided.
d) Be slow and steady – winning the client’s trust is the first key to a successful client
counseling session.
e) Never guarantee the effectiveness of a suggested solution – false promises are dangerous
and might disappoint the judges.

Personal observation
During my internship I learned,
1. You do not need to be an expert in any particular field of law. If you are unsure about
something, tell the client that you will research an issue rather than misstating the law.
2. Be frank with the client regarding the strengths and weaknesses of their case.
3. Lay out the possible routes the client can take (do not forget about “non-traditional”
alternatives such as: contacting the other party by letter, telephone, or in person;
 negotiation; mediation; etc.)

2.2 TAKING NOTES

Lawyer in his diary notes down each case under the date on which the case has its hearing. It is
an systematic way to keep an record for all the case from which he has to dealt.
It addresses academic survival skills and requires active use of writing, speaking, and other
forms of self-expression. It also provides opportunities for information gathering, synthesis, and
analysis in solving problems and in critical thinking. When you finish you should be able to:
a) Listen carefully and critically to what is being communicated.
b) Increase your comprehension and retention of material through accurate and meaningful

notes.
c) Clarify ideas and embellish the material presented.
d) Develop excellent review and reusable resources.

PERSONAL OBSERVATION

During my internship, I noticed that my advocate used to consult the notes time and again. He
used to believe that once effective note taking is done, one does not have to call the client to askl
the same set of facts again and again. He indulged me into the note taking step several times
indicating what should be noted and what must be avoided.

2.3 LEGAL RESEARCH

It is the analyzing of the information that is at one’s disposal, that is, finding, understanding and
applying of law. Be it legislation, case laws or opinions of the higher courts; legal professionals
need to be thorough with the current laws, the practices and the procedures, to be able to fully
and efficiently cater to the interests of a client. And it does not stop there. Relevant scientific
knowledge, if any, business practices, and any technical aspects involved in the case, for
example, regarding the environment or construction engineering etc., have to be studied and
understood. In short, developing a holistic picture of the matter at hand is at the center of
carrying out legal research that is genuinely fruitful. The purpose of such research spans from
constructing the arguments a lawyer needs to forward in a court of law to the documents she/he
needs to study for a due diligence exercise required to be conducted prior to a transaction.

Personal observation

When we use the research softwares correctly and intelligently, then just in one click, the
required information can be obtained. It requires a lot of practice and experience to use research
methods properly and effectively.

2.4 DRAFTING

Drafting is a science and can be acquired only by long practice. In simple terms, drafting refers
to the act of writing legal documents. The key feature of drafting is that it presents a brief
knowledge about the significant facts of the situation or issue. Drafting demands a lot of skills
combined with patience from the advocates. A properly drafted document aims at accuracy and
truth.

STEPS

The whole process of drafting should follow three drafts before it is ready to be presented before
the authority. These drafts and their purposes are:-

i. The first draft: - Aims at the comprehensiveness and fullness of the facts .
ii. The second draft: - Aims at the improving of the first draft by the correction of the
form and the language by a considerable amount of trimming.
iii. The final draft: - As the name suggests, it aims at giving a final touch and the finish up
to make the document authoritative and able to convince.

Personal observation
During my internship, I learned that drafting is the very first thing that must be done properly to
get win-win situation in any case. For comprehensive drafting, intensive legal research must also
be carried out. Good drafting skill is not a onetime procedure. It is acquired only by a lot of
practise. While drafting one must also adhere to the standards prescribed, font size, etc.

2.5 ACCOUNT SETTLING

Account settling is the fees of the lawyer as it is not specified because it varies from client to
client and also from lawyer to lawyer.
So basically there is no specified income, it’s on the potential of lawyer. As this is private so he
never discussed in front of me.
It is negotiating the price for doing the work.

2.6 COURT FEES

Court fees are the payment of the fees for the adjudication of the cases, the failure of payment of
court fees may lead to the dismissal of plaint as its basic requirement of court and it has to be
paid. The procedure and amount is different for all the cases.

In criminal cases:-
1. Bail application- Rs. 10
2. Criminal Miscellaneous:- Rs. 10
3. Criminal Revision cases- Rs. 15
4. Criminal Appeals- Rs. 15

2.7 RELATIONSHIP WITH COURT STAFF

Support staff are the people who work with the lawyer and help during the cases i.e associates
and munshi.
I took myself also as an support staff because I have taken the date when the main counsel is
absent, went with munshi for certified copy,went to filing center.
He was very humble, supportive, positive towards me and to all his associate, they also did lunch
together and worked as a team.
 CHAPTER 3:

FILING A CASE & COURT PROCEDURES

3.1.1 Procedures of filing a case at registry

Meaning

Filing a case means to claim a right suing a person or an agency before a court. In case you have
subjected to an unfair treatment the court shall intervene and deliver your right after they tried the
case.

Procedure of filing a case

For filing a civil case or civil law suit, there is a detailed process laid down, if the process is not
followed, then the registry has a right to dismiss the suit. The Procedure is as follows:

Filing of Suit/Plaint - Plaint is the written complaint or allegation. One who files it is known as
"Plaintiff" and against whom it is filed is known as "Defendant". It contains Name of the Court,
Nature of Complaint, Names and Address of parties to be suit, it also contain verification from
plaintiff, stating that, contents of the plaint are true and correct

Vakalatnama- Vakalatnama is a written document, by which the person/party filing the case
authorities the Advocate/Lawyer to represent on their behalf. However a person/party filing a
case, May also represent their own case personally in any court and in this case he do not need
Vakalatnama"

On General Terms, a Vakalatnama may contain below terms:

i. The client will not hold the Advocate responsible for any decision
ii. The client will bear all the costs and/expenses incurred during the proceedings
iii. The advocate will have right to retain the documents, unless complete fees are paid
iv. The client is free to disengage the Advocate at any stage of the Proceedings
 v. The Advocate shall have all the right to take decisions on his own in the court of Law,
during the hearing, to the best interest of client

Filing -Filing of plaint before Chief Ministerial Officer paying appropriate court fee & process
fees, different amount of court fees is paid for different type of documents.

Hearing: How Proceedings are conducted - On the first day of hearing, if the court thinks
there are merits in the case, it will issue notice to the opposite party, to submit their arguments,
and fix a date. When the notice is issued to the opposite party, the plaintiff is needed to do the
following:

i. File requisite amount of procedure - fee in the court.

ii. File 2 copies of plaint for each defendant in the court.
iii. Of, the 2 copies for each defendant, one shall be sent by Register/post/courier, and one by
Ordinary post.
iv. Such filing should be done within 7 days, from date of order/notice.

Written Statement -

i. When the notice has been issued to the respondent, he is required to appear on the date
specified in the notice
ii. Before such date, the respondent is required to record his written statement i.e. his barrier
against the claim raised by offended party, inside 30 days from date of administration of
notice, or inside such time as given by court
iii. The written statement should specifically deny the allegations, which defendant thinks
are false. Any allegation not specifically denied is deemed to be admitted
iv. The written statement should also contain verification from the Defendant, stating that,
the contents of written statement are true and correct
v. The time period of 30 days, for filing a Written Statement, but after seeking permission of
the court it can be extended to 90 days

Replication by Plaintiff - Replication is a reply, filed by the plaintiff, against the "written
statement" of Defendant and it should also specifically deny the allegations raised by the
Defendant in written statement. Anything which is not denied is deemed to be accepted.Once
Replication is filed, pleadings are stated to be complete.

Filing of Other Documents - Once, the pleadings are complete, and then both the parties are
given opportunity to produce and file documents, on which they rely, and to substantiate their
claims. Filing of Documents should be admitted and taken on record. In brief the procedure is as
follows:

i. Documents filed by one party may or may not be admitted by opposite party
ii. In case documents are denied by opposite party, then they can be admitted by the witness
presented by party whose documents are denied
iii. Once the document has been admitted it shall form a part of the record of court, and all
the details of suit such as name of parties, title of suit etc, shall be inscribed on the
document
iv. Documents, which are rejected i.e. not admitted, are returned to the respective parties.
v. It is necessary that document should be filed in "original", and a spare copy should be
given to the opposite party.

Framing of Issues – Issues are framed by the Court and on the basis of “Issues” arguments and
examinations of witness takes place. Below are the key points:

i. Issues are framed, keeping in view the disputes in the suit, and the parties are not allowed
to go outside the purview of "Issues"
ii. Issues may be of: Fact or Law
iii. At the time of passing final order, the court will deal with each issue separately, and will
pass judgement on each issue

List of witness -

i. All witness, the parties wish to produce, and to be examined, has to be presented before
the court
ii. Within 15 days from the date on which issues were framed or within such other period as
the court may fix, both the parties to the suit will have file a list of witness
 iii. The parties may either call the witness by themselves, or can ask the court to send
summons to them
iv. In case court send summons to witness then the party which asked for such witness has to
deposit money ' with the Court for their expenses, is known as "Diet Money"
v. Any witness, who is not appeared before the court, if he is required by the court to do so,
then the court may penalize in terms of fine
vi. Finally on the date, the witness will be examined by both the parties
vii. Once, the Examination and Cross- Examination of witness is over, and also the admission
and denial of documents, then the court will fix a date for final hearing.

Final Hearing -

i. On final hearing day, the arguments will take place

ii. The arguments should strictly be restricted to the issues framed
iii. Before the final Arguments, the parties with the permission of Court can amend their
pleadings
iv. The court may refuse to listen for anything which is not contained in the pleadings
v. Finally, the court will pass a "final Order", either on the day of hearing itself, or some
other day which will fixed by the court.

Certified copy of order - It is the final order of court, and having the seal and stamp of court. It
is useful, in case of Appeal or in case of execution of the order.

Appeal, Reference and Review - When an order is passed against a party to the suit, it is not
that it has no further remedy. Such party can further initiate the proceedings, by way of:

1. Appeal,
2. Reference, or
3. Review
STRUCTURE OF COURT STAFF AND THEIR FUNCTION :

Reader Manages all the files listed for hearing on a given day and put same in
front of judge also manage the cause list.
Stenographer Takes diction as given by the judge in all the case and makes a soft copy
as well as hard copy for the same.

Ahlmad He is the record keeper and custodian of all thr file pending in the court

Nazir He is custodian of all the judicial files pertains to the execution of the
decree.

Court Master He is helping hand of the judge also make callsfor the matter listed.

3.2 COURT PROCEDURE

Court have some rules and regulations to be followed while you are standing in the court firstly
when the judge came everyone address him by standing secondly you have to maintain the
decorum and be silent

None can use there phone, before entering the court your phone should be on silent , no
beverages and food is allowed and you must stand whenever you speak to the judge .

3.3 HEARING AND PLEADING

In law as practiced in countries that follow the English models, a pleading is a formal written
statement of a party's claims or defenses to another party's claims in a civil action. The parties'
pleadings in a case define the issues to be adjudicated in the action.
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as
a government agency or a Parliamentary committee. A hearing is generally distinguished from a
trial in that it is usually shorter and often less formal.

3.4 ACTION BY COURT

A lawsuit is any proceeding by a party or parties against another in a court of law. Sometimes,
the term "lawsuit" is in reference to a civil action brought in a court of law in which a plaintiff, a
party who claims to have incurred loss as a result of a defendant's actions, demands a legal or
equitable remedy.

3.5 RECEIVING A COPY OF AN ORDER

A court order is an official proclamation by a judge (or panel of judges) that defines the legal
relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such
ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A
court order must be signed by a judge; some jurisdictions may require it to be notarized.

The content and provisions of a court order depend on the type of proceeding, the phase of the
proceedings in which they are issued, and the procedural and evidentiary rules that govern the
proceedings.

An order can be as simple as setting a date for trial or as complex as restructuring contractual
relationships by and between many corporations in a multi-jurisdictional dispute. It may be a
final order (one that concludes the court action), or an interim order (one during the action). Most
orders are written, and are signed by the judge. Some orders, however, are spoken orally by the
judge in open court, and are only reduced to writing in the transcript of the proceedings.
3.6 APPEAL PROCEDURE

An appeal is not a retrial or a new trial of the case. ... Appeals in either civil or criminal cases are
usually based on arguments that there were errors in the trial's procedure or errors in the judge's
interpretation of the law. Appeal Procedure. The party appealing is called the appellant, or
sometimes the petitioner.
 CHAPTER 4:

CASE DIARY

Case no.1

In The Hon’ble Court of Ms. Kamla Devi, M.M,Distirct Court, Tis Hazari

In the matter of :-

State. … Prosecution

Versus

Khor Ghani …Defence

Facts of the case-

The accused was the tribal. He went into the forest to hunt the animals. He shoot an arrow to
hunt the animal. The accused shoot the arrow with bona fire intention but the arrow caused the
death of “R” . The accused is charged for the murder of “R” and is facing trial.

Issues-

1. Whether Accused is liable for murder of “R” or not ?

2. Whether Accused lies under general exception u/s 80 or not ?

Self Observation- The case is filed under sec 302 of IPC, The sec defines punishment for murder.

Court Observation- In the proceeding, the reply was filed by the counsel of the defence. In the
proceeding, the state as well as the defence side asked for the next date as to prepare their case as
well as to collect necessary evidence & documents for further proceeding. The court was also
very cooperating as it allowed the respondent to take their time and collect the necessary
documents and evidences.

Next date of hearing- 29-07-18

CASE NO.2

In The Hon’ble Court of Mr. Rajkumar, MM, District Court,Tis Hazari

In the matter of:

State ....Prosecution

Versus

Shaligram .... Defence

Facts of the case-

The accused was helping the check post authority. He stop a bullock cart suspecting it’s caring
smuggled rice. The authority came and check the bullock cart and found nothing smuggling.
They permitted the complainant to go away. The complaint filed criminal proceeding alleging he
was wrongfully confined.

Issues-

1. Whether the complainant was wrongfully confined or not ?

2. Whether the Accused lies under general exception u/s 79 or not ?

Self Observation-the Accused should get the benefit of general exception as it is justified by law.

Court Observation- It was being observed that matter as decided by the court as the accused by
acquitted as his act was justified by law u/s79.
CASE NO. 3

In The Hon’ble Court of Mrs.Babli , MM, District Court, Tis Hazari

In the matter of:

State ...Prosecution

Versus

Chandra Shekhar ... Defence

Facts of the case-

The accused possessed certain land. While he was ploughing, 8 to 10 members armed with spear
and lathies proceed towards the accused. The accused warned them not to enter into the field.
The assailants didn’t heard his rods more over they copayment forward and unyoked the bullock.
The accused fired against them, resulting the death of one person of the assailants.

Issues-

1. Whether the Accused is liable for the death of assailants or not ?

2. Whether the Accused lies under general exception of right of probate defence or not ?

Self Observation- the Accused should get the benefit of right of private defence as he warned
the assailants but they didn’t heard his voice.

Court Observation-In the proceeding, the state as well as the defence side asked for the next
date as to prepare their case as well as to collect necessary evidence & documents for further
proceeding. The court was also very cooperating as it allowed the respondent to take their time
and collect the necessary documents and evidences.
Next date of hearing-:7-8-2018.
CASE NO. 4

In The Hon’ble Court of Mrs. Pushpa , ASJ, Rohini

In the matter of:

State ...PLAINTIFF

Versus

Mohinder Pal ... DEFENDANT

Facts of the case-

The accused was the owner of the factory. The workers demanded for the enhancement of wages.
They began to strike. They enetered the office of the accused shouting slogans , they destroyed
goods and the furniture if the office. The accused came out of his room and fired a shoot from his
revolver resulting the death of one worker.

Issues-

1. Whether the said accused has committed murder or not?

Self Observation- The sec 300 of ipc defines the offence of murder and 302 defines its
punishment and sec 34 defines common intention. It is an offence of serious nature.

Court Observation- It was been observed that allegations of murder upon accused has been
framed out under 302/34 of IPC and matter pending for evidence.
Case no.5

In The Hon’ble Court of Mr. Dhani Ram , MM, Rohini

In the matter of :-

State …PLAINTIFF

Versus

Ram Kumar …DEFENDANT

Facts of the case-

The prosecutrix- a young girl aged 19 years and her husband were arrested by head constable and
a constable. They took wife and husband to the police station. They confined the wife in a room
and her house anand in another room. While constable was guarding in front of the room , where
the husband sat, the head constable raped the wife. She cried. Her husband and constable heard
the cries.

Issues-

1. Whether head constable is liable u/s 376 or not ?

2. Whether constable be liable for abetment or not ?

Self Observation- section 376 of IPC, 1860 defines rape and the head constable should be liable
for the rape. As constable and her husband heard the cries when head constable raped her.

Court Observation- The court held the conviction of head constable for rape and constable for
abetment for rape and his conduct and consistency was towards facilitating the crime as
otherwise he would have reacted on hearing the cries of the helpless prosecutrix.
Case no.6

In The Hon’ble Court Of Anu Aggarwal, Tis Hazari

In the matter of :-

PRIYANKA VERMA …PLAINTIFF

VERSUS

AJAY VERMA …DEFENDANT

FACTS OF THE CASE-

A Petition filed under section 13(1)(i-a) of Hindu Marriage Act ,1995. The wife was seeking for
divorce as she was mentally and physically harassed. The Husband used to restrain his wife from
meeting his parents and used to beat him in front of other people. The women suffered menal
agony as well as physical cruelty.

ISSUES-

1. Whether the petitioner was subjected to cruelty or not?

SELF OBSERVATION- This Sec defines cruelty as a ground of divorce. It is an faulty ground
for divorce.

COURT OBSERVATION-In this case, it was transferred to the another court as the sitting judge
is absent.

In my case the judge of court no - 255 was absent and that is why the case was transferred to
Court no - 215 of Tis Hazari Court.
NEXT DATE OF HEARING- 24-8-18

Case no.7

In The Court of Hon’ble Justice Yashwant Kumar, Family Court, Tis HAZARI

In the matter of :-

Deepanshu Taneja …PLAINTIFF

VERSUS

SWATI TANEJA …DEFENDANT

FACTS OF THE CASE-

Petition filed under section 13 (B)(1) of the HMA for dissolution of the marriage by a decree of
divorce by mutual consent. The wife and husband mutually agreed to live separately. They found
that they doesn’t have enough compatibility and cannot live together anymore.

ISSUES-

1. Whether both the parties are mutually agreed for divorce or not?

SELF OBSERVATION- Sec 13 B of HMA tells about divorce by mutual consent. Mutual
consent means when both the parties agree to separate peacefully.

Court Observation- In this case a mutual petition was filed by the parties with their consent,
which is known as the ‘first motion’ in which the parties have to live separately for 6 months and
after the completion of 6 months they can file the second motion petition for final divorce.
During the judicial separation the husband and wife are prohibited to stay in any physical
relation and if any type of physical relation establishes in between then the motion will revoked.

NEXT DATE OF HEARING-28-9-18

Case no. 8

In The Court of Hon’ble Justice R.S. NAAG, Family Court, Tis Hazari

In the matter of :-

SONU JOSHI …PLAINTIFF

VERSUS

GEETA SHARMA …DEFENDANT

FACTS OF THE CASE-

Divorce application u/s 13(ia) of Hindu Marriage Act 1955 is filed. The wife lodged an false
F.I.R against her husband and in laws. She used to demand money from husband and if it was
not paid, she doesn’t food to the husband and quarrel with him

ISSUES-

1. Whether the respondent has done cruelty or not?

SELF OBSERVATION- - This Sec defines cruelty as a ground of divorce. It is an faulty
ground for divorce. Sec 307 of ipc gives the punishment for offence of attempt to murder.

COURT Observation:- The counsel of the petitioner pleaded that bail should be given to the
petitioner as the complaint made by wife was baseless. After listening to the argument of counsel
the court granted bail to the petitioner.

Case no.9

In The Court of Hon’ble Justice R.S. Naag , Family Court, Rohini

In the matter of :-

CHANDNI NIGAM …PLAINTIFF

VERSUS
SANJEEV PRAKASH …DEFENDANT

FACTS OF THE CASE-

Petition filed under 125 of CRPC seeking for maintenance. The petitioner was unable to maintain
herself. She was facing difficulty as she was earning very less and doesn’t have any other source
of income. She filed an petition for maintenance u/s 125 of CrPC. She was earning only 6000
rupees only. She also has to pay the rent of her house.

ISSUES-
 1. Whether the respondent is liable to get maintenance or not?

SELF OBSERVATION- Every women is entitled to get maintenance from her husband is she is
unable to maintain herself or doesn’t have sufficient income for her daily expenses.

COURT OBSERVATION- For seeking maintenance ,the aggrieved party has to file certain
documents as evidences like temporary residential address ,income statement etc and the same
time the court assure whether the documents produced are genuine enough to grant maintainence
to the aggrieved party or not.

NEXT DATE OF HEARING- 27-8-18

Case no.10

In The Hon’ble Court Of Ms. VANDANA, M.M, TIS HAZARI

In the matter of :-

MAINAWATI …PLAINTIFF
 VERSUS

YOGESH SHARMA …DEFENDANT

FACTS OF THE CASE-

Petition filed under section 13 (1)(i-a) of Hindu Marriage Act. The husband was seeking for
divorce as he was mentally and physically harassed. The wife used to quarrel with the husband
and in laws. She want to live separately from her in laws. Also she doesn’t take part in household
works.

ISSUES-

1. Whether Divorce should be granted or not?

SELF OBSERVATION- - This Sec defines cruelty as a ground of divorce. It is an faulty

ground for divorce. Both the wife and husband can take divorce on this ground.

COURT OBSERVATION-When argument were going on and the judge was very patiently
listening to both the parties. The judge firstly allowed the petitioner side to speak and then the
defendant side to express there views. After a long drawn argument the judge gave a final date as
to pronounce his final judgement.

NEXT DATE OF HEARING- 13-8-18

 CHAPTER 5:

LEARNING SUMMARY

ACHIEVEMENTS DURING THE INTERNSHIP

1. Learned a bit of procedural work of district courts in Delhi basically in Tis Hazari.
2. Experienced how advocates work in their chambers.
3. Gained some more confidence.
4. Learned how advocates maintain a healthy relationship with other advocates in a court
room.

ETHICAL ISSUES OBSERVED OR FACED

1. Bribery in judicial systems is now very common. Every other lawyer use to give bribe.
2. Corruption of some judges, other staff member in the court, ahlmad room staff, etc ask
for money to do work.
3. Unethical lawyers used to hide facts, improper dress code and they even bribe others.
4. The use of threat, force, deception or bribery to influence a witness or an informant.
5. Interns used to wear black coats.

SUGGESTIONS

1. There should be more systematic system.

2. Need more cleanliness in court.
3. Less formalities for giving justice on time.
4. Everything should be computerized which is possible.
5. Proper rules and regulations to stop bribery.
 BIBLIOGRAPHY

1) www.vakilno1.com

2) www.wikipedia.com

3) www.quora.com

4) www.pathlegal.in

5) www.jurisnet.in