PRACTICAL TRAINING III

Last date of Submission : 8th August, 2022

Submission Guidelines

1.Typed Form
2.Hard Copy Submission with Spiral Binding.
3.Follow the below mentioned Format of Cover Page. You may add
relevant image (according to your wish). Image is not mandatory to add
in Cover Page.
University of Calcutta
Three Years’ LLB
Semester - Sixth
Paper- Fifth
Subject – Practical Training III
(Moot Court Exercise and Internship)
Name –
Registration -No.
Roll No.-
Date of Examination –
Session –
4. The main body shall be in Times New Roman, Font Size 12, Line
Spacing 1.5 and Justified Aligned.
5. Students must give pg no. in their project.
6. You need to prepare two projects (Internal and External)

INTERNAL PROJECT (10 MARKS)

Page Limit – 7 - 10

Topic

Critical appraisal of concept of Moot Court in India (make a project on this

topic)
 EXTERNAL (90 marks)

Page Limit – 70 to 80 pages

For external you need to do a project consists of three items from your syllabus
i.e., Moot Court, Interviewing Techniques, Observation of Trial in Civil
and Criminal Courts and Interviewing Techniques, Pre- Trial preparation,
and Internship Diary.

I am sharing with you a format of Table of Contents for your Practical

Training III project. You may take a look on the below shared format of
Contents and made your project accordingly.
After preparing this project (at the end of this project) student will attach
Internship Certificate under whom they did internship. It must be issued
by Advocate in his pad plus seal and Registration no to be put by the
Advocate through his rubber stamp. Follow this format to make the
Internship certificate:

TO WHOM IT MAY CONCERN

This is to certify that ………………………… S/O ……………………………

residing at …………………………………………………………………. is a
bonafide student of 3 years L.L.B 6th Semester at Kolkata Police Law Institute,
7 Diamond Harbour Road, Alipore Body Guard Lines, Alipore, Kolkata, West
Bengal- 700027.
I know her/him for the last 03(three) months. She/He has been attending my
chamber (online) for the last 03(three) months from 7th March, 2022 to 10th
June, 2022.
I wish her/him every success in life.

Signature of the Advocate

With seal and Registration No

The total project must not exceed 80 pages.

1) Moot Court – You need to do three moot courts as per your syllabus. I
am giving three final moot problems on Constitutional Law, Civil Law
and Criminal Law.
In moot problem you need to write for both the parties. In this three moot you
need to give:

cover page
table of contents
index of authorities
statement of jurisdiction
facts
issues
summary of arguments
prayer

MOOT PROBLEM ON CONSTITUTION

1. Lawland College is the prominent law school in Delhi University. Lawland

College provides official recognition to certain groups of students. This
mechanism is known as ‘Lawland College Registered Student Organization’
(LCRSO) program. This status confers several benefits upon the group like
using official communication channels, financial assistance, college facilities
for meetings and office space, and most importantly Lawland College’s name
and logo. This recognition in turn is granted when these student organizations
abide by certain conditions. They have to comply with Lawland College’s
Policy of Nondiscrimination, which prohibits discrimination on grounds of
religion, race, caste, sex/sexual orientation, place of birth, age, disability,
descent and residence. The Lawland College has followed the practice for quite
some time now and takes great pride in the fact that the officially recognized
student groups allow any student to become a member irrespective of their
status or belief.

2. Baba Namdev is a renowned yogi of India and he enjoys a great following

throughout the country. Baba Namdev’s teachings primarily urge Hindus to
practice radical Hinduism and targets the youth of India as a major support
group. Baba Namdev enjoys a cult status amongst young Hindu students who
have created Faith of Baba Namdev Society (FBNS) in several educational
institutions. Baba Namdev is of the opinion that homosexuality is a curable
disease. He firmly believes that homosexuals or those who tolerate
homosexuality have no right to practice radical Hinduism. Baba Namdev also
went to the extent of saying that the Delhi High Court’s judgment in Naz
Foundation was a challenge to radical Hinduism. The Delhi High Court
sentenced him to 10 days simple imprison in December 2009. In spite of all this
Baba Namdev and FBNS continued their zealous advocacy of radical Hinduism.
3. In May 2011, FBNS submitted its application for the coveted LCRSO status
in Lawland College. The annexure in its application clearly stated that
homosexuals and non-Hindus were not eligible to seek membership. A footnote
to the annexure specified that anyone who wishes to become a member has to
sign a document titled ‘Condemn Homosexuality’. The Lawland College
rejected FBNS’s application in June 2011 stating that it does not comply with
Lawland College’s Policy of Nondiscrimination. Lawland College made it clear
to FBNS that adherence to the Nondiscrimination Policy is a sine qua non for
getting the benefits of LCRSO program but it will not suppress its activities if it
was going to operate outside it.

4. FBNS was incensed by the refusal of LCRSO status. Baba Namdev consulted
some of his disciples who were leading experts of Constitutional Law. In
August 2011, FBNS filed a writ petition in the Supreme Court of India
contending that the refusal of LCRSO status violated its fundamental right to
freedom of speech and expression, freedom of association, and right to
freedom of religion. Baba Namdev in a televised address stated that the State
should not be permitted to offer benefits to students on the condition that they
surrender a portion of their right to freedom of speech/association/religion.

5. The Lawland College consulted the Advocate General of the State. The
Advocate General was of the opinion that Lawland College had to place
conditions on the conferral of LCRSO status in terms of the Prohibition of
Discrimination in Universities Act. The conditions imposed by it were
reasonable and were not meant to harm any student group seeking LCRSO
status. The mere fact that it operated to the disadvantage of FBNS will not make
it unconstitutional as it had no fundamental or constitutional right to State
support of its selectivity.

6. The Chief Justice of India has constituted a Five-Judge Bench in light of

Article 145(3) of the Constitution. The Chief Justice of India has given liberty
to both the parties to frame issues of their choice.

MOOT PROBLEM ON CIVIL LAW

Savitri and Satyaban (a Major in Indian Army), both resident of Jalandhar,

belonging to Ravidasia community of Punjab, who are Hindus by religion, got
married in 2007 in Anand Karaj form of marriage, which is the marriage
ceremony of Sikhs. The couple got their marriage registered as per the
provisions of the Hindu Marriage Act, 1955 and in effect a marriage certificate
was issued by the authorities. Out of this wedlock two children were born in the
year 2008 and 2011 respectively.

In 2008, after taking retirement from Indian Army, Satyaban went to England
for higher studies and stayed there for two years. Then in April 2010, he moved
to Canada and called his wife to join him along with their first child. In January
2011, their second child was born in Canada. In February 2011, he went to New
York. Thereafter he asked Savitri to go back to India. In March 2011, Savitri
along with her children came back to Punjab (India).

After moving to New York, Satyaban severed all his contacts with Savitri. He
has developed an extra marital affair with a lady named Elizabeth Prescott. In
January 2012, Savitri wrote a letter to Satyaban expressing her willingness to
join Satyaban in New York. Satyaban in reply wrote to Savitri that she should
not come to New York, as he was interested in getting their marriage dissolved.
In April 2012, he filed a petition for divorce in Trial Court of New York on the
ground that his marriage has irretrievably broken down.

Savitri could not contest these proceedings, she having no means to go to New
York. Meanwhile in July 2012, the Trail Court of New York granted a divorce
decree in favour of Satyaban. Further, the court ordered that the husband would
pay to the wife and children an amount of Rs. 50,000 per month for their
maintenance. Since Satyaban failed to pay maintenance to wife and children,
Savitri approached the Trial Court of New York through a letter and prayed that
she be provided legal aid. Thereafter, proceedings were initiated and warrants of
arrest were issued against Satyaban. She further said that the ex parte decree of
divorce obtained by the husband was not binding on her and was illegal and that
she continues to be the wife of Satyaban. She further asserted that as per the
provisions of Hindi Marriage Act, 1956, the grounds of divorce (on the basis of
adultery, cruelty and desertion) under Section 13 of the Act are available to the
wife under the given set of circumstances. In fact, she is the actual victim, who
was being further victimized by the order of the New York, Trial Court.

In April 2013, Savitri filed a petition under Section 9 of the Hindu Marriage
Act, 1955 for Restitution of Conjugal Rights in the District Court, Jalandhar,
Satyaban appeared in the court and filed an application for dismissal of petition.
He did not file any written statement and he referred to the decree of divorce
granted by the Trial Court of New York and said that despite of notice, Savitri
did not consent the same and by not raising any objection she is deemed to have
accepted the jurisdiction of Foreign Court in trying the petition and thus stopped
from filing the present petition (Under Section 11 read with Section 151 of
Code of Civil Procedure, 1908). The case is pending for adjudication in District
Court, Jalandhar.

Legal Issues*
1. Whether the marriage of Savitri and Satyaban is valid as per the provisions of
The Hindu Marriage Act, 1955?
2. Whether non-contest by wife of divorce petition filed by the husband in a
Foreign Court implied that she had conceded to the jurisdiction of the Foreign
Court?
3. Whether the principle of Res-Judicata under Section 11 of Code of Civil
Procedure, 1908 is applicable to the proceedings being initiated in District
Court, Jalandhar?

Participants may add further legal issues.

MOOT PROBLEM ON CRIMINAL LAW

1. Kunti and Karna, who reside in NCT of Delhi, solemnised their marriage
under the Hindu Marriage Act, 1955 (hereinafter “HMA”), after Kunti’s
father’s sudden illness. Her father expressed to her that his last wish was to see
her get married and have a family of her own. At the time of marriage, Karna,
26, was working as a bank manager at a private bank and 19-year old Kunti was
in her 2nd year, pursuing Psychology from Delhi University. Even though Kunti
was not mentally prepared to get married, she gave in to her father’s wishes and
consented on getting married to Karna in her very first meeting with him.

2. Before marriage, Kunti expressed that she wanted to continue with her
studies without any hindrances even after marriage. Karna and his family agreed
to her demand and both the families decided that the couple should tie the knot
on 1st of August 2018 as per Hindu rites and rituals recognised under HMA.

3. Soon after their marriage, Tuhina’s (Karna’s sister) marriage was fixed to be
held on 15th October 2018. The burden of executing the preparations for the
marriage were put on Karna and Kunti entirely due to which Kunti was unable
to attend her lectures for about 2 months. Tuhina got married and moved to
Hyderabad with her husband.

4. After Tuhina’s wedding, most of the household burden fell on Kunti’s head.
She was not able to manage the housework with her studies due to which she
was forced to take leaves from college. On some days her in-laws also asked her
to stay at home. Subsequently, she was expelled from college for not fulfilling
the attendance criteria. Kunti was very upset. She complained to Karna that she
was expelled because of being overburdened with the household work, which
was contrary to what was decided before marriage. Karna suggested that settling
in the marriage was more important and that she could always resume/restart
her course in the manner of open learning where she wouldn’t have to go to
college. Kunti was really disheartened but she gave in. Being passionate about
her studies, she started thinking about alternatives.

5. Despite all her efforts, Kunti was never appreciated for the work she did at
home. Her in-laws were always critical of her work and started ridiculing her.
Her mother-in-law left no opportunity to insult her even in public or in front of
guests. On her Mother-in-law’s birthday, Kunti got her an expensive Sari as a
present. Instead of appreciating her efforts, the mother-in-law gave the Sari to
the maid stating that it was not a good quality sari. Her father-in-law would also
never eat the food prepared by Kunti. One day she actually saw her father-in-
law throwing away the food she had cooked.

6. In another instance, when Tuhina came to visit her parents, Kunti’s father-in-
law simply threw the tea that she served him, saying that “Chai banani Tuhina
se seekh!” (Learn to make tea from Tuhina). Teary eyed, Kunti picked up the
broken pieces and cleaned the tea stains from the floor. Tuhina asked her father
to apologise to Kunti. Even though her father-in-law apologized to her, her in-
laws returned to their former ways of criticising her every now and then.

7. Karna tried helping Kunti by suggesting ways and means which she could
adopt to win the hearts of his parents, but nothing worked. This led to regular
arguments between the couple who would sometimes sleep separately. Karna
would try talking to his parents once in a while regarding Kunti’s issues. Things
would be okay for a couple of days but eventually would get back to where they
were. Kunti often discussed her marital issues with her mother. Her mother
suggested to her that she should have a child as that would solve problems in
the house. Karna too was of the opinion that they should have a child.

8. On 15th Feburary, 2019 Kunti announced that she was pregnant. Everybody
was very happy, and she was treated with love and care for some days. Her
parents visited her with gifts. They were treated extremely well by Karna and
his parents. Karna told her that he would convert his study room to a baby
room. Her in-laws gave her gifts. Seeing everyone’s reaction even Kunti
thought that the child may bring happiness to the house. However, this
treatment subsided after a couple of weeks. One month later, various relatives of
Karna’s family came to congratulate the couple on the good news. At the party,
Kunti heard her father-in-law saying, “bas ab toh pota chahiye” (now I want a
grandson). Karna and her mother-in-law also expressed the same wish.

9. Later Kunti talked to her in-laws and Karna, saying that it does not matter if it
is a boy or a girl and that a happy child should be born into the family. While
the males of the family were silent, her mother-in-law immediately stopped her
from saying such things, believing that saying things like these would be
inauspicious and they may not be blessed with a baby boy. The next day, for her
mother-in-law’s kitty party, Kunti made all the arrangements and prepared
dishes for the guests, as directed by her mother-in-law. Despite this, she was
again ridiculed by her mother-in-law in front of all her friends saying that the
food was tasteless and inedible. Kunti who was reaching her saturation point,
could not take it anymore and, in anger, she started crying and threw the plates
in everyone’s presence. Shouting at her mother-in-law, she went out of the
house saying- “mujhe kabhi is ghar mein shaadi karke aana hi nahi chahiye
tha” (I should have never had and come to this house). She returned to the
house around 8:00 PM. She sensed that everybody knew about the incident.
Before she could say anything, Karna lashed out at her saying “How dare you
behave with my mother like that?”. Her father-in-law also started shouting at
her saying “tameez toh sikhayi nahi hai iske maa baap ne ise” (her parents have
not taught her how to behave). On hearing this Kunti furiously said “Aap toh
matt hi bolo. Aapke toh poore khandaan ko tameez nahi hai. Aapke bete ke paas
toh reedh ki haddi bhi nahi hai ki aap logon ko kuch bol sake” (Look who is
talking. Your entire family does not know how to behave. Your son is spineless
as he cannot stand up to you). The mother-in-law then went and tightly held
Kunti by her hair telling her to shut up. Karna tried to tell her mother-in-law to
leave Kunti. She tried to push her mother-in-law away who then fell on the
ground after losing her balance. Karna helped his mother get up and threatened
Kunti to back off or he will have to take extreme measures.

10. Next morning, in an attempt to make things normal, Karna tried to console
Kunti and apologised to her. He said that she should apologise to his mother, to
which Kunti refused. Karna in a rage of anger went out, shouted her name, and
told her to come and apologise to her mother. However, Kunti was stubborn and
refused to apologise. Her in-laws exclaimed that Kunti was good for nothing
and told Karna to not waste time and leave for office. Karna told her that he had
no feelings for her.

11. Later that day Kunti called up her parents saying that she wants to leave her
matrimonial home and live with them. They said that she should try and mend
things with her new family now. Her mother told her to apologise to her
mother-in-law. Thereafter, Kunti apologised to her in-laws, but they did not pay
any heed to it. They did not talk to her much and even Karna started becoming
distant from her. She called up her friend to ask for help and she told her friend
how unhappy she was because she had failed at everything. She expressed that
her life had become meaningless. Her friend told her that she should see a
counsellor or psychologist. Without informing anyone in the family, Kunti went
to see a Psychologist. She was diagnosed with early stages of depression and
was given medicines for the same. She still did not tell this to anyone.

12. Kunti kept telling Karna how unhappy she was, but Karna ignored her as he
had started getting tired of the everyday complaints. He also came home drunk
once to the house. One day Karna and Kunti got into a heated argument where
they badly abused each other. Karna smashed the mirror with his hand which
scared Kunti. Kunti who was also howling, angrily broke her mangalsutra and
threw it on the ground.

13. On 12th April 2019 she overheard her in-law’s conversation. She heard
them saying that Kunti has always been a burden and they are dealing with her
only for the child. Hearing this, Kunti became so upset that she decided to abort
the child. Thereafter, without informing the family, she made an appointment
for the termination of her pregnancy on the 14th of April 2019, and got the child
aborted. She then left the house to stay at the Women’s Hostel for a few days.
She left behind a letter for Karna, explaining everything to him and also
informing him about the abortion. She then complained to the police against
Karna and his parents for harassing her mentally and physically. FIR was
registered against the three of them under Section 498A of the Indian Penal
Code, 1860 (hereinafter “IPC”), and they were arrested. The Trial Court
dismissed the allegations holding that the three accused were not guilty under
Section 498A, of IPC. The appeal filed before the High Court, challenging the
Trial court’s judgment, was dismissed and the order of the Trial Court was
upheld. Subsequently, a Special Leave Petition (hereinafter “SLP”) was filed
before the Hon’ble Supreme Court challenging this judgment of the High Court.

2) Observation of Trial in Civil and Criminal Courts – Each student will

observe two observation of Trial in Lower Court. In this case also you
need to observe one Civil and one Criminal case.

3) Interviewing techniques - Each student will observe two interviewing

sessions of clients. In this case also you need to observe one Civil and one
Criminal case.