JAMNALAL BAJAJ SCHOOL OF LEGAL

STUDIES

Internship Report

UNDER THE GUIDANCE AND SUPERVISION OF

Adv. Rakesh Kumar Misra

Mahatma Gandhi Chamber NO. 10
Civil court, of Lakhimpur (kheri) 262701
For the duration 15 June 2020, to 15 July 2020

Submitted To : Submitted By :
Kalyani Gupta
1914328
B.COM. LLB ( 3rd Semester)
Faculty Of Law
Banasthali Vidyapith
 TABLE OF CONTENTS

1. COVER PAGE

2. CONTENT

● ACKNOWLEDGEMENT
● DECLARATION FORM
● TO WHOMSOEVER IT MAY CONCERN
● LIST OF ABBREVIATIONS
● OBSERVATION OF FUNCTIONING (INTRODUCTION)
● CASES OBSERVED DURING INTERNSHIP
 Acknowledgement

At the outset, I would like to thank God for his blessings and benevolently
granting me vigor and audacity to complete my internship successfully. Before
submitting my detailed report/diary on internship, I find an opportunity to place
an record my warm gratitude towards Apeksha.S.Agarwal Ma’am , Faculty of
law, Banasthali Vidyapith ( Rajasthan) our respected teachers to encourage us
towards Internship and how to perform our duty under Internship. I would like to
place my warm gratitude towards Adv. Rakesh Kumar Misra Sir under whom, I
completed my internship and I gained a detailed and useful experience for the
purpose of Internship as well as for profession of advocacy in near future. This is
to express gratitude toward the person who guided and motivated me throughout
my internship period. It gives me immense pleasure to acknowledge my
indebtedness and deep sense of gratitude and respect to Mr.Yogesh saxena
without whose constant guidance, the internship would have not been possible. I
am thankful to him for his invaluable teachings and advice given to me, for
helping me in exploring and understanding the legal drafting preparation for
cases and research methodology better

Kalyani Gupta
Dated: 20, July, 2020
DECLARATION FORM
To whomsoever it may concern
 List of Abbreviation

S.NO. ABBREVIATIONS DEFINITIONS

1 & And

2 etc Et Cetera

3 govtmntl Governmental

4 empwrmnt Empowerment

5 docs Documents

6 sol Solution
 INTRODUCTION

I have been at my internship for nearly a month. Now it feels like I just
started yesterday, but when I think about everything accomplished and
learned, and the new relationship I have formed, I realise how long it’s
been. On the first day of my internship, I went to my advocate’s office. I
was interning under District Court advocate, Mr. Yogesh Saxena, who is
both a civil and criminal lawyer, as it was my first day, he taught some
basic legal terms which are used inside the court.

Terms which he taught are:

● Adjudication - A decision or sentence imposed by a judge.

● Affidavit - A written statement made under oath, swearing to the
truth of the contests of a document.
● Annulment - A court order declaring that a marriage is void.
● Chattels - All properties except real properties; personal
properties. For example: jewellery, furniture and appliances.
● Cross-examination - The examination of a witness upon a trial or
hearing, or upon taking a deposition, by the party opposed to the one who
put on the witness stand to testify.
● Custody case - In juvenile and domestic election district court or
circuit court, the type of proceedings in which the court determines which
parent, other adult or agency shall have physical control over a child.
● ex parte - Done for , or the request of , one side in a case only,
without prior notice to the other side.
● Counterclaim - A claim presented by a defendant in opposition
to deduction from the claim of the plaintiff whether or not it arises from
the matter in question in plaintiff’s action
My lawyer taught me how to maintain case records and bundles in office
and also how to start and proceed with the case. He asked me to come
and look at the case proceeding in court hall for a case of domestic
violence. The facts of this case were:

The petitioner is an educated woman living with her father and mother in
their own house. She also runs a tailor shop in one of the rooms in their
house which was with the consent of her father and mother. The
petitioner has an elder brother (Defendant) who was married and was
living in a separate house, with his wife. The defendant asked the
petitioner ( His sister) permission to stay in her house for a maximum of
15 days within which he will search a house for him and his wife. As
there was no place she offered to give him the room where the tailoring
shop was located for 15 days and the petitioner, her father and mother
stayed in the hall. But even after 3 month he refused to vacate the house
and harmed her physically when she asked to. As it was the only income
of the family, the petitioner asked the defendant again and again to leave
the house, but he not only injured her but also used abusive words against
her and gave her mental pressure. So she filed a case against her brother
(Defendant) under protection of Women From Domestic Violence Act,
2005.
My advocate taught me how to interrogate with clients or to deal with
clients. He taught me various tips on how to proceed a successful client
counselling. They are:

● The interviewer must communicate questions accurately and

precisely.
● The interviewer must maximize the client’s ability and
willingness to answ
● The interviewer must listen actively to determine the
significance of the statement.
● The interviewer should also probe to increase the validity, clarity
and completeness of the responses.
● Decisions must be made regarding the nature of the client’s
problem and any actions to be taken.
Cases observed During Internship

● Special leave petition

Mrs. ABC is a lady living in Tamil Nadu and she owned some
commercial properties in her town. One of her tenants XYZ was having a
shop in her premises. Since her son completed his degree course and he
wanted to do business he required the shop which was rented to XYZ
since that was the biggest road facing shop in the Complex. When she
was about to send a notice seeking the tenant to vacate the premises she
received a notice from the Corporation asking her to demolish and
reconstruct the building since the condition of the building was bad and
dangerous to the public. Hence she sent a notice to the tenant asking him
to vacate on two grounds namely bonafide requirement and demolition
and reconstruction. The tenant argued that the application should not be
allowed because both the grounds are contrary to each other. But finally
the Supreme Court held that both the grounds are not contrary to each
other and ordered eviction.

● Transfer of a case

The Supreme Court of India has powers under Code of Civil Procedure
and Criminal Procedure Code to transfer a case pending in one State to
another on the application of any one of the parties to the case in the
interest of Justice. In one of our cases in which the couple was living in
Delhi after marriage. But due to some problems the husband filed a
divorce case against the wife on various fabricated and false grounds. But
after the problems she was sent out of the matrimonial home and she
went back to her parental house in Orissa. The husband was working in
 Delhi. But just to trouble her he filed the divorce case in Nasik, his native
place. We filed the petition in the Supreme Court of India and the Court
was pleased to transfer the case to Bhubaneswar family Court in Odisha.

● Termination of Contract Case

One of our clients XYZ is a big Mining Company in Odisha. They

were operating their own Mines through a raising Contractor ABC
who promised more production through the use of modern
technology. XYZ had the mining lease in their name. The main
contract between XYZ and ABC was for ten years and XYZ gave
an irrevocable Power of attorney in favor of the raising contractor.
But ABC did not increase the production and did not bring any
modern technology in the raising of Ore. Before the end of the 10
years period was over, the raising contractor ABC requested for a
one year extension which was also granted due to XYZ
considering the matter sympathetically. But to the surprise of XYZ,
the raising contractor filed a petition under S.9 of the Arbitration
Act seeking an injunction from evicting from the mines, since
there was an Arbitration clause in the contract. The trial Court
also granted such an Injunction. XYZ challenged the injunction
order of the trial Court in the High Court and the High Court
correctly reversed the order of the Trial Court. ABC came to the
Supreme Court and challenged the order of the High Court.
Finally the Supreme Court confirmed the order of the High Court
on various grounds including “no party can be compelled to
extend the contract for any reason and even if there was a wrong
termination and if there is a termination clause only the affected
party can seek damages and not an injunction”.

THANKYOU