Court Diary

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A PROJECT REPORT ON SUMMER

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

Of
BACHELOR OF LAW (HONS) 5 YEARS
YEAR 2018-2023
Submitted to: Submitted by:

Ms. Himani Shokeen Nishtha Datta
Assistant Professor B.B.A. LL.B. (Hons.)
School of Law Enrollment No: 44533303518
CHANDER PRABHU JAIN COLLEGE OF HIGHER STUDIES AND

SCHOOL OF LAW
AFFILIATED TO GURU GOBIND SINGH INDERPRASTHA
UNIVERSITY, DWARKA, NEW DELHI
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UNDERTAKING BY THE CANDIDATE TO WHOM IT MAY CONCERN
This is to certify that I, Nishtha Datta, Enrol. No. 44533303518, have completed
the “Internship Report” under the guidance of Dr. K.B. Asthana for the partial
fulfilment of the requirement for the degree of B.B.A. LL.B.(Hons.). This is an
original piece of work and the same has not been submitted earlier to any other
Institute for the award of any other degree.
Date: 25.11.20 Signature of Student: Nishtha Datta
Place: Delhi Name of student: Nishtha Datta
Certified that, the internship report submitted in partial fulfilment of B.B.A. LL.B
(Hons.) to be awarded by GGS IP University, Delhi by Nishtha Datta, Enrol. No.
44533303518 has been completed under my guidance and is satisfactory.
DATE: SIGNATURE OF SUPERVISOR
PLACE: NAME OF SUPERVISOR

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DECLARATION
This is to certify that the report entitled ‘Internship Project’ which is submitted by Nishtha
Datta in partial fulfillment of the requirement for the degree of B.B.A./LL.B.(H) to GGSIPU,
Dwarka, New Delhi comprises only my general work & due acknowledgement has been made
in the text to all material used. Neither the same work, nor any part thereof, has earlier been
submitted to any university for any degree.
Name of the Student: NISHTHA DATTA
Approved by: Ms. Himani Shokeen (Asst. Professor)
Date: 25.11.20
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CERTIFICATE
This is to certify that the report entitled ‘Internship Project’ is submitted by Nishtha Datta,
student of 5th semester C section B.B.A. LL.B. (Hons.) of Chander Prabhu Jain College of
Higher Studies and School of Law affiliated to Guru Gobind Singh Indraprastha University,
Dwarka, Delhi.
This matter embodied in this is original & has not been submitted for the award of any other
degree.
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ACKNOWLEDGEMENT
The journey started as a student towards the Professional Life with the aim in mind to learn the
Practical Aspect of Life, ended as a memorable experience, also helped me to come off with
flying colors.
No work can be completed without other’s help or contribution. The preparation of presentation
of this humble work encompasses the immense and unlimited help and sound though of
innumerable people.
My special thanks to Mr. Rishi Saxena and all the associates working, for providing me this
opportunity to associate myself with them for my summer training. I would also like to express
my sincere gratitude to them providing me the most valuable guidance and affable treatment
given to me at every stage to boost my morale and also helping me in learning law related
procedures and activities, which helped me to add a feather in my cap.
I express my deep & sincere gratitude to my teacher, Ms. Himani Shokeen Asst. Professor
(Law), for inspiring guidance, supervision, expert suggestion & encouragement which helped me
to tide over the hardship encountered during study.
Last but not the least my sincere gratitude to all people who knowingly or unknowingly
supported me, for my moral to make this project a reality.
NISHTHA DATTA
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LIST OF ABBREVIATIONS
S.NO. ABBREVIATION EXPANSION

1. Ors. Others
2. Anr. Another’s
3. Vs. Versus
4. I.O Investigating officer
5. PW Plaintiff Witness
6. CW Complainant Witness
7. WS Written Statement
8. F.I.R. First Information Report
9. U/S Under Section
10. Cr.P.C. Criminal Procedure Code
11. C.P.C. Civil Procedure Code
12. PP Public Prosecutor
13. ADJ Additional District Judge
14. H.M.A Hindu Marriage Act
15. DW Defense Witness

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INDEX
UNDERTAKING……………………………………………………………………………..2
DECLARATION……………………………………………………………………………..3
CERTIFICATE……………………………………………………………………………….4
ACKNOWLEDGEMENT……………………………………………………………………5
LIST OF ABBREVIATIONS………………………………………………………………..6
CHAPTER-1 PREFACE OF INTERNSHIP……………………………………………..8-14
1.1 Concept of Internship
1.2 Purpose of Internship
CHAPTER-2 INTERNSHIP OBSERVATION………………………………………......15-28
2.1 Case Files
2.2 Public Prosecutor
2.3 Hierarchy of Courts
CHAPTER-3 CASE DISCUSSION………………………………………………………..29-54
CHAPTER-4 RESEARCH WORK………………………………………………………..55-74
CONCLUSION……………………………………………………………………………...75-76
REFERENCES………………………………………………………………………………77
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PREFACE
OF
INTERNSHIP
CONCEPT OF INTERNSHIP
MEANING
Internship plays an important role as an integral part of law student life. Internships provide an
opportunity for students to link theory with practice and further serve as a temporary labor pool
for those agencies that have committed to Participate in the internship program. The department
fulfills its mission of preparing Students for significant professional and managerial positions in
the public sector. Relevant professional development topics and workshops are discussed
weekly. An internship is a period of work experience offered by an organization for a limited
period of time. Once confined to medical graduates, internship is used for a wide range of placements
in businesses, non-profit organizations and government agencies. They are typically undertaken by
students and graduates looking to gain relevant skills and experience in a particular field. Employers
benefit from these placements because they often recruit employees from their best interns, who have
known capabilities, thus saving time and money in the long run. Internships are usually arranged by
third-party organizations that recruit interns on behalf of industry groups. Rules vary from country to
country about when interns should be regarded as employees. The system can be open to exploitation
by unscrupulous employers.
Internships for professional careers are similar in some ways. Similar to

internships, apprenticeships transition students from vocational school into the workforce. The lack
of standardization and oversight leaves the term "internship" open to broad interpretation. Interns
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may be high school students, college and university students, or post-graduate adults. These positions
may be paid or unpaid and are temporary. Many large corporations, particularly investment banks,
have "insights" programs that serve as a pre-internship event numbering a day to a week, either in
person or virtually. Typically, an internship consists of an exchange of services for experience
between the intern and the organization. Internships are used to determine if the intern still has an
interest in that field after the real-life experience. In addition, an internship can be used to create a
professional network that can assist with letters of recommendation or lead to future employment
opportunities. The benefit of bringing an intern into full-time employment is that they are already
familiar with the company, their position, and they typically need little to no training. Internships
provide current college students with the ability to participate in a field of their choice to receive
hands-on learning about a particular future career, preparing them for full-time work following
graduation.
PURPOSE OF INTERNSHIP PROGRAMME

Under internship program the interns gains valuable work experience and also a time to decide
the right career choice. It helps in gaining confidence by attaining practical knowledge and new
problems of cases and their execution in court premises. Internship allows interns to acquire
practical knowledge and abilities offered by the professional world which they wish to form part
of, and at the same time to improve their CV.
Legal internships provide an opportunity for students to increase their knowledge of substantive
areas of law, gain exposure to a real work environment and provide valuable support to a legal
employer. An increasing number of law schools, paralegal-programs, legal
secretarial schools and other legal educational institutions require the completion of an internship
as a prerequisite to graduation. Some internship is paid although many are not. However, most
internship programs allow students to earn school credit.
As the legal field becomes more complex and legal employment opportunities
proliferate, the traditional internship has evolved. Now a number of different
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experiential opportunities for the legal student exist including judicial clerkships, legal
clinics, summer clerkships, legal externships and pro bono projects. These programs
place students in law offices, courts and public interest organizations with the goal of
providing real-world legal experience under the guidance of faculty members, licensed
attorneys and sitting judges. While your school’s career center is the first place you
should look to find an internship, a number of internet sites also maintain lists or links
to internships.
There are various benefits to the students of the internship. We stole the following benefits of
the internship opportunity:
1. Application of knowledge acquired in law school into reality
Law student’s academic structure goes through jargons, statutes, articles, sections, provisos and
case laws. Understanding authoritative principles, analysing burning judgements and upholding
set conventions are a part and parcel of a law school’s curriculum. However, keeping this
knowledge refrained to your exam papers will not fetch you either a good job or a better
understanding of the status quo.
Whether you aspire to enter corporate world or the world of litigation or the life of an
academician, internships are equally important and pervasive in nature. Being acquainted with
practical procedures of filing Public Interest Litigation to sealing an Mergers & Acquisitions are
the aspects that one can develop a knack over in an internship.
2. Getting Exposure
Internships provide you exposure to multifarious people, situations and work. You have the
opportunity to meet people from different states or countries (if doing an international internship)
having different ideologies and perceptions towards the same thing which when observed helps
you perceive things better.
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In addition, interning under various heads of authority, i.e., ranging from interning at a research
organization to interning under an international company will provide you an understanding of a
wide and robust work culture spread through various heads.
3. Breaking the vicious circle of non-network building
The period that you’re expected to intern is in the summer and winter holidays which are
approximately 40 days in duration respectively. This period is a blessing in disguise for all the
law students as it provides all the opportunity of incorporating a change in their set, eventually
boring, routine. Not restricting itself to incorporation of change in schedule, it also provides an
opportunity to meet new people who indeed could be a boon in value addition through the period
of internship. Interning helps you develop networking with people of the same age having same
field of interest but demarcated by geographical reasons and with those who have authority in a
particular field with respect to knowledge and experience.
Networking with co-interns
In an internship, it goes without saying, you meet different interns from various law schools,
cultures, regions and backgrounds. You happen to meet a person who is of unconventional.
intellect to a person who has a radical understanding. You have the probability of meeting a very
influential person to meeting a person trying his best to coax the mentors. This exposure to
diversity in nature, behaviour and perception helps you grow as a person.
Networking with mentors
Networking with mentors shan’t be misconstrued with cajoling them. Attempting to impress
mentors by flattery and not by work will definitely attract bad impression of yours. Unnecessary
showering of words buttered with loads of extra butter repel the mentors and any other work
supervisor. Genuine questions, seeking reviews, meeting deadlines and asking for pieces of
advice are some of the factors that one needs to adopt to build a healthy relationship with the
mentor.
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4. Ingraining new skills
Whether a law student or not, it is of utmost importance to constantly upgrade and imbibe new
skills in one’s skill set. Thus, it becomes very important for a law student to timely do so; and the
same can be achieved by doing a concentrated and serious internship. Developing a logical
acumen, adapting to an articulated writing style and imbibing a well-formulated speaking skill
shall be the primary goals for an upcoming lawyer during an internship in the initial years. Upon
developing these, one shall then focus on specializing in the field of interest so determined.
Internships can help you inculcate the spirit of team-effort, make you more patient and help you
learn time-management as there is a prevalence of a controlled and stable environment. All these
things combined help you understand in which way your coursework does is preparing you for.
5. An Internship is “your experiment with the truth”
Upon completion of your first internship, you will be struck with an epiphany that hierarchical
difference between law schools and other students’ GPA has little role to play in determining
one’s understanding of work and application of law in the real world. Another epiphany that will
strike you would be that the field of interest that you were concretely having conviction in for
fetching you better career prospects would no longer be the field that might excite you upon your
completion of a particular internship. Internship is a good opportunity to explore and discover
various career prospects that might intrigue you upon which you might pursue that as your field
of interest.
6. Acquaintance with rigorousness
Since the work culture of any institute aimed at either for profiting or delivering justice or
targeting social backwardness is followed by rigorous work hours and exhaustive work-to-be-
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conducted, one gets acquainted with the same which in the future fetches them a better standing
position in comparison to one’s peers. Increasing competition, economic volatility and constant
need of delivering the best have further pushed the institutions of such work to always be on
their toes and as a result, the interns are also made subject to such conditions.
7. Unlearning The Myths
In law school, one is made subject to certain laws, rules and regulations which have long been
repealed and are outdated. An internship opportunities provide clarity with regard to such long
repealed laws, rules and regulations and help the intern to come in contact with the status quo
which the future employers expect the upcoming lawyers to be well-aware of. For example, an
upcoming lawyer is expected to know the changing position of law with respect to any revised
judgement given by the Supreme Court of India on that matter (the position of law as to
determining the act of not standing in movie theatres for the national anthem as an offence).
8. Experience building for CV
If authoritative case laws are equally important with persuasive case laws, if sparkle of sunshine
equally important with sunrise then your work experience is equally important with your score-
sheet during an interview. A law student has to always remember that Grade Point Average
(GPA) is only a gateway to an interview, however, work experience is a key factor of displaying
one’s understanding of market functionality and application of the law into present
circumstances. A wide range of internships spread judiciously over the CV of a law student shall
always provide him with the necessary edge over the others.
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9. A sacrosanct factor of measuring capability by the employers
A law student has to take into consideration a fact that his/her CV in the hands of an employer is
the one-time chance which shall determine one’s career trajectory. Even the smallest mistake
might devoid him/her of a golden opportunity. Thus, the section which the employers definitely
have a look over in any candidate’s CV is the internship experience that one has gained. Keeping
this section dull might repel the employer’s interest in your candidature.
Also, increased competence in scoring GPA has compelled the employers to adopt this approach
in order to distinguish the thin blue line between different candidates.
10. Audition in disguise
Internships initially serve the purpose of a non-binding probationary service wherein the
employers seeking to a heuristic approach of selecting few interns for a full-time position after
their graduation. Thus, if an intern works seriously and diligently, there is a possibility of
him/her being given an opportunity of a full-time position in a particular company.
11. Knowing yourself is beginning of all wisdom
During the period of internship, one gets to explore one’s threshold of efficiency and patience. A
law student shall keep on overpowering one’s own level of burning out and brainstorming.
However, being it a daunting task, it would be of immense advantage for a law student to seek
clarity in terms of the goals to be achieved and the career prospects to follow in order to bring
equanimity between the status quo’s efforts made and future aspirations.
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INTERNSHIP
OBSERVATION
CASE FILES
During the initial days of the training, I was introduced to the clientele by being given the task of
reading and maintaining the case files and updating the same as the dates of hearing passes by. I
was also provided with a Court Diary for keeping a track of the Court hearing dates as well as
keep a brief of court proceedings.
During the study of such files, I come across many facets of the matrimonial and criminal cases
as follows –
1. CIVIL CASES
 The files are divided into four parts – The Pleadings, the Documents, the Orders and the
miscellaneous documents.
 The Stages of the civil case are as follows –
 Initial plaint with the facts and circumstances of the case and the relief claimed.
 Written Statement filled by the Defendant which is a counter reply to the plaint filled
in the court by the Plaintiff.
 Rejoinder or replication filled by the plaintiff which is a reply to the Written
Statement of the Defendant.
 Evidence Stage of both the Parties.
 Documents and their denial/admission.
 Interlocutory application for various other interim reliefs.
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 Examination & Cross-Examination of the witnesses (through a Written Affidavit,

which has been duly prescribed through a Court Judgment in Civil Case).
 Final Argument
 After every hearing of the Court, within a span of 4-5 days, the Court orders are available
on the Court Websites –www.supremecourtofindia.nic.in,

www.delhihighcourt.nic.in&www.delhisitrictcourts.nic.in‘eLegalix’ database etc. I
was required to take out the printout of such courts orders and update the files in
chronological order. These Orders are later referred to for preparation for the next date
of hearing in the courts. These internet Orders cannot be used for any legal purposes but
in case any such Order is required for any legal use, which may include the written the
Cross Examination and Statement of the witnesses or the final orders, one can apply for
Certified Copy in the Court through a certified Copy Form. A copy of the Certified
Copy Form is annexed with this report for immediate reference. Such a Certified Copy
has a legal identity and can be used a various agencies.
 In all the files, before being taken up, the Client is required to sign a Vakalatnama or a
Declaration Representation which enables the Counsel to appear in the Court of Law and
the original has to be submitted to the Court before appearing on behalf of the respective
parties as their legal counsel in the Court.
 All the plaints and legal document require a specific Court value and the suits need suit
valuation before being filed/ submitted in the Court of Law. For e.g.
 For Vakalatnama – 1 Rs.2/- Advocate Welfare Stamp of Rs.5/- and Court fee of Rs.2/-
 For Process Fee From – Rs. 2/- (Court fee for No. of pages is different)
 For Certified Copy From – Rs. 4/-
 For File Inspection from – Rs.5/-or Rs.10/-
 The suit valuation and stamp duty of suit is calculated by a specific chart given in the
Court fee stamp Act 1899 and the suit Valuation Act 1887. They are to be referred in case
of high value are given through Stamp Papers of respective Value issued by the State
Bank Group (at State bank of India for Delhi District Court)
 Before filling of any of the pleading in the court, giving due respect to the Principle of
Natural Justice, the respective Counsels are required to send the advance copy of the
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same to the other party and the receipt of such serving is to be attached with the plaint at
the time of filing to the court.
 Such a notice of motion or serving of the advance copy is usually preferred by the Indian
Post. For process fee and summoning of defendants, there is a specific from which is
issued by the Indian Postal Service which has to be used to do the same. The copy of the
said form is annexed with this Report.
 I also had the chance to file a few RTIs with various Government Agencies.
 Some civil matters I went through-
 Recovery of debts due to banks and financial institution
 Cheque bounce
 Writ Petitions and Special Leave Petition
 Declaration and Partition of Property
 Civil Defamation
 Matrimonial Disputes for maintenance and custody of child
 Divorce by mutual consent
 Complainants against Administrative actions @ Armed Forces Tribunal (AFT)
 Recovery of outstanding dues of corporate Firms
 Succession & inheritance dispute cases
 Eviction of Tenant and Rent Control
 Injunction cases
 RTI Appeals ( under Right to Information Act 2005)
2. CRIMINAL CASES
 The files in the Criminal cases are similar to that of the civil cases expects the fact that
the parties to such cases are State (compulsorily), the Complainant (in some cases) and
the Accused (persons). The cases for the State are by the Public Prosecutor who is the
agent of the state whereas the Accused is at liberty to choose his/her counsel and take
legal advice.
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 The criminal case range from specific bail matters to accident cases and MACT (Motor
Accident Claims Tribunal), cases under domestic violence and dowry harassment (U/s
498 A of the Indian Penal Code), as well as Murder, Criminal Defamation, Cheating,
Forgery, Fraud, Criminal Breach of Trust, Criminal Misappropriation, Adultery,
Dishonor of Cheque U/s 138 of the Negotiable Instrument Act 1881 etc.
 In many cases, our Counsel has been successful in making the courts take cognizance of
offence in cases U/s 156 (3) and 200 of the Criminal Procedure Code when the Police
failed to take any action even on the complaint of the Petitioner and the court may direct
the police to take the investigations (U/s 156 [3] of the Cr. P. C) or may take over the
investigation itself (U/s 200 Cr. P.C.). In such cases, the criminal complaint is under the
consideration of the Court itself.
 There are two types of warrants issued against the accused – Bailable and Non – Bailable,
in bailable cases, the SHO can grant bail after filling the bail bonds and in non – bailable
cases, the accused has to appear in court for bail. In many petty criminal cases, bailable
warrants are issued against the accused. In case of non – appearance, the court can issue
non- bailable warrants for compelling appearance of the accused.
 I learned to fill a bail bond in a case where a non bailable warrant was issued against our
client for non appearance in a dishonor of cheque case.
 There are many criminal cases with a civil nature and vice versa, in such cases, the court,
may or may not, proceed with the cases separately or together, with due consideration to
the facts and circumstances of the case.
PUBLIC PROSECUTER
Public Prosecutor is a person that has been appointed either by the central Government or the State
government to represent cases on behalf of the State in criminal trials. The main role of the public
prosecutor is to serve the ends of justice in the best interests of the public. The work of public
prosecutor begins once the police have done its investigation and filed the charge sheet in the court.
The public prosecutor is expected to act impartially and present all the facts of the case, documents, and
evidence so as to assist the court in arriving at a correct judgement.
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Provisions with regards to Public Prosecutor have been provided under section 24 of the Criminal
Procedure code, 1973.
A Public Prosecutor is considered as the agent of the state to represent the interest of common
people in the criminal justice system. The prosecution of the accused is the duty of the state but
not individually the duty of the aggrieved party. They are appointed in almost all countries.
Functions
The functions of the Public Prosecutor differ according to their designation.
 Public Prosecutor- supervise the function exercised by the Additional Public

Prosecutor in Session Court and High Court.
 Chief Prosecutor- supervise the functions exercised by Assistant Public Prosecutor in
Metropolitan Magistrate Court.
 Additional Prosecutor- conduct criminal proceedings in the Session Court.
 Assistant Public Prosecutor- they examine the charge sheet prepared by agencies and
submit the acquittal or discharge. They also are responsible for the evaluation of
evidence and filing revisions petitions. They also conduct the criminal proceedings in
the Court of Metropolitan Magistrate.
 Director of Prosecution- it is the head office. They exercise the overall control and
supervision of officers of Directorate. They also look after the Account Branches.
The objective of establishing a Directorate of Public Prosecutors is to supervise and scrutinise

the functions relating to various prosecution agencies at Assistant Session level and Session level
except at High Court.
Reasons for the Appointment of Public Prosecutor
Whenever any crime is committed against a group or individual, it is assumed that it has been
committed against society. It is the duty of the state to provide justice to any group of society or
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person who is affected by the crime. In India, it is necessary that the criminal justice system
should function within the limits of the Indian Constitution, which means that it is necessary for
the Public Prosecutor to act in accordance with the principles of:
 Equality before law

 Protection against double jeopardy
 Protection against self-incrimination
 Protection against ex-post law
 Right to life and personal liberty except procedure established by law
 Presumption of innocence until proven guilty
 Arrest and detention must be in accordance with the provisions of Cr.P.C.
 Equal protection of laws
 Speedy trial
 Prohibition of discrimination
 Right of accused to remain silent
Role of Public Prosecutors
It is divided into two parts:
 In investigating process
 During the trial
Role of the Public Prosecutor in the investigating process
 To make an appearance in the Court and obtain an arrest warrant

 To obtain search warrants for conducting a search in specified premises
 To obtain police custody remand for interrogation (including custodial interrogation)
of the accused
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 To initiate a proceeding for the declaration of the non-traceable offender as the

proclaimed offender
 To record the evidence of accused in the police report regarding the advisability of
the prosecutions
Role of Public Prosecutors at the time of trial
 Sentencing- when the accused is proven guilty, then the defence counsel and the
Public Prosecutor further argue to decide the quantum of punishment. At this stage,
the Public Prosecutor may argue for the adequate punishment keeping in mind the
facts, circumstances of case and gravity of the offence. It helps the judge to arrive at a
judicious decision.
 To conduct a speedy trial- Right to a speedy trial is a fundamental right and it is
impliedly given in Article 21 of Constitution of India which states “Right to life and
Personal Liberty”. The prosecutors have a responsibility to call all the witnesses
whose evidence is essential to decide the case. To cross-examine the witness and to
see that no witness if left unexamined. To produce all the necessary documents.
HIERARCHY OF COURTS
Hierarchy of courts and their jurisdiction should be properly defined to deal with the disputes
which arise every day in a big country like India. The Supreme Court of India deals with the
cases at the National level, the High Court deals with cases at the State level and Subordinate
courts (Civil and Criminal) deals with the cases at the District and Subordinate level.
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Types of Courts in India – 7 types of

Courts in India
There are various types of Courts in India, each has different powers depending on the tier and
jurisdiction conferred on them. They function according to the set hierarchy of the courts .
Supreme Court
In our country, the Constitution lays down the foundation of an integrated judiciary having
Supreme Court as the highest and final court of appeal. Article 124(1) of the Indian Constitution
states that there shall be a Supreme Court of India constituting of a Chief Justice of India.
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Initially, the Supreme Court of India consists of the Chief Justice of India and seven other
judges. The Parliament may, by law, increase or decrease the number of judges of the Supreme
Court when it is required. Now, the Supreme Court has 31 judges including the Chief Justice of
India. In our Constitution, there is a provision of appointment of judges on an ad hoc basis,
whenever it is required. Article 127(1) of the Indian Constitution deals with the appointment of
ad hoc judges. Ad hoc is a Latin term which means “for this”. It means for a particular purpose.
When a quorum of judges is not available to continue or hold the sessions of Court then ad hoc
judges were appointed. The Chief Justice of India can appoint a High court judge as an ad hoc
judge of the Supreme Court after consultation with the Chief Justice of the concerned High
Court.
The President of India appoints the judges of the Supreme Court and the later can consult with
the Chief Justice of India and also with existing judges of the Supreme Court regarding such
appointment. In case of appointment of the Chief Justice of India, the President shall consult
such judges of the Supreme Court and the High Courts.
1. For a person to be eligible as a judge of the Supreme Court, he/she must be a citizen
of India, and should have been for at least five years a judge of a High Court or of
two or more such Courts in succession, or
2. should have been an experience of practicing as an advocate of High Court for the last
ten years or of two or more such courts in succession or
3. should in the opinion of the President be an eminent jurist.
The Supreme Court of India is the highest court of appeal and is vested with various powers, it
exercises original, appellate and advisory jurisdiction.
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High Court
Article 214 of the Indian Constitution states that there shall be a High Court for each State. The
High Court consist of one Chief Justice and other judges. The President appoints the Chief
Justice of the High Court in consultation with the Chief Justice of India while other judges were
appointed by the President in consultation with the Governor of the state, Chief Justice of the
High Court as well as the Chief Justice of India. If in the High Court the office of the Chief
Justice falls vacant due to some reasons then the President can ask any of the Judge to look after
the duties of the Chief Justice.
A person may be appointed as the Chief Justice of the High Court:
1. If the person is an Indian citizen, and

2. If he had held the judicial office in the territory of India, or
3. At least an advocate for 10 years in the High Court or two or more High Courts in
succession, and
4. The age should be below 62 years.
A judge can remain in the office until he has attained the age of 62 years and can also resign
before the retirement by giving a resignation letter to the President. He can also be removed if
the Parliament passed a resolution which is supported by the majority of the total membership of
the House in which the motion of removal has been passed and by a majority of not less than
two-third members of the House present and voting has been presented before the President, on
the grounds of proved misbehaviour or incapacity. He can also vacate the office of the Court
when the President appoints him as the judge of the Supreme Court.
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Civil Courts Meaning

Civil courts deal with the cases or offences that are committed against a private individual and
not against the State unlike in criminal cases where the offence is committed against the State.
Civil wrongs include tort, breach of contract etc. In India, the hierarchy of Civil Courts is based
on the territorial and pecuniary jurisdiction of the courts. Civil Courts can deal with the cases
which have been committed within its territory and also which is within the pecuniary limits of
the court.
The Supreme Court is the highest court of appeal for entertaining civil cases and these cases can
not be filed directly in the Supreme Court, the appeal can be filed against the order of the High
Court but in case of infringement of the fundamental rights one can directly approach to the
Supreme Court.The appeal against the order of the District Court can be filed in the High Court
and the cases above the value of Rs. 20 lakhs can directly be filed in the High Court of the State.
District Court deals with the cases which lie between the value of Rs. 3 lakh to Rs. 20 lakh. The
cases up to Rs. 3 lakhs were entertained by the Civil Judge the junior division and the original
cases were entertained by him. Small Causes Courts are the lowest Court of appeal in the
hierarchy of Civil Courts and it deals with the cases of value below Rs. 3 lakh. The Civil Courts
are governed by the Civil Procedure Code. The Civil Courts can award damages or
compensation to the party whose legal rights have been infringed. Plaintiff and Defendant are the
parties to a civil case.
District Court and Additional District Court
The State Government in India has established the District Courts in every district by considering
the number of cases and population in that district. The District Courts of India are presided by a
district judge and these courts administer justice at a district level. These courts are under
administrative and judicial control of the High Court of the State to which that district belongs.
The District and Sessions Judge is the highest Court in each district. The Governor after
26
consultation with the Chief Justice of the High Court of that State appoints the judges of the
District Court and the eligibility criteria to become a judge of District Court is at least seven
years of practice as an advocate. The District Court is the highest Civil Court in a district. Civil
and Criminal Courts are two types of Courts in every district. Civil Courts exercise the power of
subject matter jurisdiction, territorial Jurisdiction, pecuniary jurisdiction and appellate
jurisdiction.
Court of Civil Judge (Senior Division)
The Court of Civil Judge of Senior Division comes at the middle of the hierarchy on the civil
side. Civil Judge or Senior Division has the authority to try civil cases of any value. There are
many additional courts of Additional Civil Judge (senior division). These additional courts have
the same jurisdiction as exercised by the principal court of Civil Judge or Senior Division. A
Senior Division or Civil Judge exercises pecuniary jurisdiction without any limit.
Court of Civil Judge (Junior Division)
The Court of Civil Judge of Junior Division is at the lowest level in deciding civil cases. It has
the power to impose any sentence in accordance with the law and it can provide capital
punishment also. Civil Judge of Junior Division can extend its jurisdiction in all the original suits
and proceedings.
Criminal Court Meaning

Criminal wrong is a wrong against the whole society not only against the victim. Criminal Courts
deal with criminal matters which are considered as a crime against the State.
27
The Supreme Court exercises appellate jurisdiction through which it has the power to withdraw
cases from the High Court regarding criminal matters. The appeal against the order of the
District Court can be filed in the High Court of the State.
The hierarchy of the Criminal Courts in India is given in Section 6 of the Criminal Procedure
Code, 1973 which is given as follows:
1. Session Court
2. Judicial Magistrate of the first class
3. Judicial Magistrate of the second class
4. Executive Magistrate
Session Court
The lowest court of appeal in the hierarchy of Criminal Court is the Court of sessions where the
sessions judge conducted the trial. Section 9 of CrPC empowers the State Government to
establish a Session Court for every sessions division. The High Court appoints the judge of
Session Court. Additional Session Judges and Assistant Session Judges can also be appointed by
the High Court to exercise jurisdiction in a Session Court.
This Court deals with cases related to theft, murders, dacoity etc. Session Court is empowered to
provide a sentence of death and can impose fines for a criminal offence.
The High Court can appoint the Sessions Judge of one division to be an Additional Sessions
Judge of another division. When the office of the Sessions Judge left vacant due to some reasons
then the High Court has the power to do arrangements for the disposal of any urgent case. If any
case is pending before the Session Court then Additional or Assistant Sessions Judge shall have
jurisdiction to deal with such a case and in a situation where there is no Additional or Assistant
28
Session Judge then Chief Judicial Magistrate in the sessions division can deal with such
application.
Subordinate Judge Class I
Section 11 of the CrPC provided that the State Government can establish the Court of Judicial
Magistrate of the first class in the district and any number by consulting with the High Court of
the respective State.
It is given in Section 15 of the CrPC that a Judicial Magistrate is subordinate to the Chief
Judicial Magistrate and it is subject to the control of the Sessions Judge.
Section 29 of the CrPC empowered the Judicial Magistrate of First Class that he may impose a
fine not more than ten thousand rupees or may pass a sentence of imprisonment for not more
than three years.
Subordinate Judge Class II
Section 11 of the CrPC empowered the State Government that it can establish the Court of
Judicial Magistrate of the second class in the district and in any number by consulting with the
High Court of the respective State.
Section 29(3) of the CrPC empowered the Judicial Magistrate of Second Class that he may
impose a fine of not more than five thousand rupees or may pass a sentence of imprisonment for
not more than one year or both.
It is incorporated in Schedule I and Schedule II of the Cr.P.C. that the offences which are triable
by either “Any Magistrate” or “Judicial Magistrate of the Second Class” such offences can be
tried by a Judicial Magistrate.
29
CASE DISCUSSION
AND RESEARCH
WORK
INDEX
S.NO. TITILE DATE PAGE
NO.
1. CASE 1- GAGANDEEP 02.06.20
VERSUS
PRIYANKA (PARMINDER KAUR @ PRIYANKA)
2. CASE 2- BHUPINDER PAL SINGH TANEJA 05.06.20
VERSUS
CROWN REAL TECH & ORS.
3 CASE 3- MOHIT 08.06.20
VERSUS
MURARI
4. CASE 4- ORIENTAL BANK 09.06.20
VERSUS
BABY & ORS.
5. CASE 5- SANDEEP YADAV 11.06.20
VERSUS
DEEPIKA
6. CASE 6- SOUTH DELHI MONEY CHANGER 15.06.20
30
VERSUS
METAPHOR EXPORTS
7. CASE 7- ANVLEKHA MALIK 15.06.20
VERSUS
SHEKHAR MALIK
8. CASE 8- NEHA ANEJA 17.06.20
VERSUS
BHARAT ANEJA
9. CASE-9 ANJALI TRIVEDI 18.06.20
VERSUS
ABHISHEK
10. CASE 10- PRIYANKA SHARMA 22.06.20
VERSUS
SANDEEP KUMAR AND ORS.
11. CASE 11- DEEN MOHAMMAD 24.06.20
VERSUS
MOHAMMAD AZAD & OTHERS
12. CASE 12- KULDEEP SONI 26.06.20
VERSUS
VINOD KUMAR VERMA & ORS.
13. RESEARCH 1- 02.06.20- 07.06.20
HI NDU MARRIAGE ACT
14. RESEARCH 2- 08.06.20- 14.06.20
DRAFTING OF PLAINT
15. RESEARCH 3- 15.06.20- 18.06.20
HOW TO OBTAIN THE COPY OF FIR
16. RESEARCH 4- 19.06.20- 23.06.20
BAIL APPLICATION
17. RESEARCH 5- 24.06.20- 28.06.20
INVESTIGATION OF CRIMINAL CASES
31
CASE – 1
DATE: 02.06.2020 COURT ROOM NO. : 07
BEFORE MR. MAHESH CHANDRA GUPTA, PRINCIPAL JUDGE, FAMILY COURT
ROHINI COURT , NEW DELHI
IN
PETITION NO. 9717 OF 2019
IN THE MATTER OF:
GAGANDEEP …PLAINTIFF
VERSUS
PRIYANKA (PARMINDER KAUR @ PRIYANKA) …DEFENDANTT
PETITION UNDER SECTION 13(1)(ia) OF HINDU MARRIAGE ACT, 1955 AS

AMENDED BY MARRIAGE LAW FOR DECREE OF DIVORCE.
FACTS OF THE CASE:
The petitioner and the respondent were married according to the hindu rites and customs on
21.03.2017. The respondent came along with the petitioner at her matrimonial home, later the
respondent’s brother came to her matrimonial home and requested the petitioner to send the
respondent for 2-3 days and he took the respondent with him. After this on the next day the
32
petitioner made a call to the respondents to bring her back but the respondent refused to come
back to her matrimonial home along with the petitioner. After waiting for two-three days, the
petitioner went to bring the respondent back where the elder sister of the respondent threatened
the petitioner to fill a false case against him, later the family filed a false case against the
petitioner hence this petition for divorce was filed.
OBSERVATION: The matter was listed for the respondent evidence and same was closed;
further matter was put up for argument.
NEXT DATE OF HEARING : 30.06.2020

33
CASE – 2
DATE : 05.06.2020 COURT ROOM NO. 409
BEFORE MR. ASHOK KUMAR METROPOLITAN MEGISTRATE
SAKET COURT, NEW DELHI
IN
CC NO. 1611 OF 2017
IN THE MATTER OF
BHUPINDER PAL SINGH TANEJA …COMPLAINANT
VERSUS
CROWN REAL TECH & ORS. …ACCUSED
COMPLAINT UNDER SECTION 190 OF CrPC FOR TAKING COGNIZANCE OF THE

OFFENCES COMMITTED BY THE ACCUSED U/S 138 R/W S.141-143 OF THE N.I.
ACT, 1881 TOWARDS DISHONOUR OF CHEQUES DRWAN AT HDFC BANK IN THE
SUM OF RS. 50,00,000/- AND RS. 20,00,000/-. BOTH THE SAID CHEQUES PERTAIN
TO THE SAME TRANSACTION AS MENTIONED IN THE COMPLAINT.
34
FACTS OF THE CASE :
The accused represented to the complainant that they are developing a real estate project. It was
represented that the said project will comprise of various office spaces and is located at a prime
location with modern facilities and necessary amenities. The accused represented that if the
complainant booked an office space in the said project then the company shall pay an assured
return of Rs. 1,00,000/- p.m. It was represented that the project would be completed in 6 months’
time and execute a registered conveyance deed in the favour of the complainant.
The company sent a letter to the complainant that they were unable to complete the work and
will not be able to hand over the possession of the office space purchased by the complainant and
will buy back the said premises. The accused company requested the complainant to extend the
time period of handing over the possession of the office space. They even issued 6 post dated
cheques towards monthly assured return in the amount of Rs. 90,000/-.
The 2 cheques of monthly assured return were dishonoured for the reason “payment stopped by
the drawer”. Later the accused paid the amount of dishonoured cheque through RTGS. The
accused company still was not able to complete the project and the complainant was asked not to
deposit the cheque. However, nothing happened and the complainant deposited the cheque and
was returned unpaid with the remarks “funds insufficient”.
The accused party in active collusion with each other cheated the complainant.
OBSERVATION : It is informed by counsel for the defendants that company has been admitted
before the NCLT and moratorium is in operation and IRP has been appointed.

35
CASE – 3
BEFORE MS. UDITA JAIN METROPOLITAN MAGISTRATE,
DWARKA COURTS, DELHI
IN
CA NO. 1916 OF 2019
IN THE MATTER OF
MOHIT …COMPLAINANT
VERSUS
MURARI …ACCUSED
COMPLAINT UNDER SECTION 138 THE NEGOTIABLE INSTRUMENT ACT, 1881.
FACTS OF THE CASE :
The complainant in his complaint stated that the accused approached the complainant for
financial help of Rs. 90,000 and promised to return the same in 6 months. Further complainant
stated that as he knew the accused since the elementary school, he gave the amount of Rs. 90,000
as a friendly loan to the accused. On completion of initial time that was 6 months accused asked
for further extension of 2 months. After 2 months a post dated cheque was given by the accused
to the complainant. Later when cheque was presented in the bank on the assurance of the
36
accused, bank issued the memo in which it mentioned as insufficient fund due to which the
complainant tried to contact the accused but the accused started avoiding the complainant,
thereafter complainant filled the complaint under section 138 of negotiable instrument act, 1881
before this Hon’ble court.
OBSERVATION : The matter was listed today for the appearance of the accused and on plea of
accused matter was referred to mediation.

37
CASE – 4
DATE : 09.06.2020 COURT ROOM NO. : 205
BEFORE MR V. K. DAHIYA ADDL.DISTT. JUDGE, SOUTH WEST,
DWARKA COURT, DELHI
IN
CS NO. 1835 OF 2018
IN THE MATTER OF
ORIENTAL BANK …PLAINTIFF
VERSUS
BABY & ORS. …DEFENDANT
SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908 FOR
RECOVERY OF RS. 4,00,000/- (RUPEES FOUR LAKHS ONLY).
FACTS OF THE CASE :
Randhir, the husband (now deceased) of the defendant (baby) took a loan of amount
Rs.5,00,000/- for farming from the plaintiff. Defendant no.5 and 6 (suresh and balwant
respectively) were the witness for the same and defendant no.2, 3 and 4 (sonia, shivani and
pushkar respectively) were three minor children of the defendant. Initially the defendant’s
husband deposited 4 instalments of the loan, that is, amount of Rs.1 lakh before he died which
38
later on the investigation by the bank was found out; therefore according to bank’s term and
conditions they filed the suit for recovery against the family and the witnesses, hence this suit.
OBSERVATION: The matter was listed for plaintiff evidence however both the parties jointly
requested for settlement therefore same was referred to mediation centre.

39
CASE – 5
BEFORE MR. PITAMBAR DUTT PRINCIPAL JUDGE, FAMILY COURT,
DWARKA COURTS, DELHI
IN
IN THE MATTER OF
SANDEEP YADAV …PETITIONER
VERSUS
DEEPIKA …RESPONDENT
PETITION UNDER SECTION 13(1) (ia) OF HINDU MARRIAGE ACT, 1955 AS

AMENDED BY MARRIAGE LAW FOR DECREE OF DIVORCE.
FACTS OF THE CASE :
Marriage was solemnized on 09.05.15. Respondent has done MBA from USA. Earlier she was
working as manager with HDFC Bank Ltd. After which she worked as a business head with
Maria Public School and now she is CEO with M/S Zouis Healthcare Pvt. Ltd. Since marriage
respondent intended to lead high societal life and stretched her imagination beyond her reach and
means of the petitioner. Respondent is under the influence of her family since inception of
40
marriage. Behaviour of respondent was very rude and callous and indifferent towards the
petitioner and his family. In order to save his marriage, petitioner moved to a rented house in
Dwarka along with the respondent but it was of no use as the respondent kept humiliating him
for his job, family and friends. In August 2015, the respondent informed about her pregnancy to
petitioner and also left her job for it. The petitioner offered to enrol her to one of the multi super
speciality hospital in Dwarka as the petitioner being flying crew and at times he remains out of
station and in his absence the petitioner thought it would be convenient for respondent to be easy
access to medical care. However, mother and the sister of the respondent insisted her to enrol
herself in Gurgaon near their house. Petitioner had no other option to bow down in order to avoid
any unpleasant situation. On 23.03.2016, a baby girl was born and the petitioner borne the
expenses. In month of January 2017, when the petitioner was out of station for his work, the
mother of respondent called the petitioner and started abusing and told him the respondent has
committed suicide and he should be ready to face the consequences. When the petitioner rushed
into his house and found the respondent was watching television, the petitioner asked the
respondent why did her mother say so. The respondent informed she did not attend the call of her
mother and her mother was under the impression that the respondent has committed suicide. The
respondent continuously asked the petitioner to sell the Dwarka house and buy one in Gurgaon in
her exclusive name.
OBSERVATION: Arguments took place and the respondent was asked to file a fresh affidavit
along with 8 years of Income Tax Return.

41
CASE – 6
BEFORE SHRI PARAS DALAL METROPOLITAN MAGISTRATE,
SOUTH- EAST, DWARKA COURT, DELHI
IN
CA NO. 6310 OF 2019
IN THE MATTER OF
SOUTH DELHI MONEY CHANGER …COMPLAINANT
VERSUS
METAPHOR EXPORTS …ACCUSED
COMPLAINT UNDER SECTION 138 THE NEGOTIABLE INSTRUMENT ACT, 1881.
FACTS OF THE CASE :
Complainant was a company duly incorporated under the Companies Act 1956. Complainant
was engaged in the business of Foreign Exchange and has earned enviable goodwill in the
concerned business market. Mr. Bhupinder Singh, the sales executive of the complainant
company was duly authorized by way of resolution to sign verify and institute this complaint on
behalf of the complainant and to do other ancillary acts which were necessary for effective
42
adjudication of the case. Accused no. 1 was the company incorporated under the Companies Act
and the accused No. 2 was in charge and actively involved in day to day function and affairs of
the accused No. 1. Accused No. 4 is the wife of the accused No. 2 whereas the accused No. 3,5
and 6 are the sons of the accused No. 2. The accused No. 2 to 6 visited the complainant for
purchasing 1500 US $ for travelling to Bangkok and the complainant raised the invoice No.
20066, 20067, 20068, 20069, 20070 all dated 05. 04. 2014 for total sum of Rs. 9,13,130. In
discharge of their liability towards the complainant the accused No. 1 through the accused No. 2
and on behalf of the accused No. 2-6 issued ne cheque dated 05.04.2014 for Rs. 9,13,130 in
favour of complainant with assurance that the same will be honoured on its presentation. But the
cheque when presented to the bank was returned unpaid by the banker of the accused with the
remark “payment stopped by drawer” on 08.04.2014. after dishonour of the cheque the
complainant issued a legal notice dated 03.05.2014. to the accused by the registered courier.
OBSERVATION: It was ordered that the court will serve notice to the official liquidator.

43
CASE – 7
BEFORE SHRI SUDHIR JAIN PRINCIPAL JUDGE, SESSIONS COURT, FAMILY

COURT,
ROHINI COURT, DELHI
IN
IN THE MATTER OF
ANVLEKHA MALIK …PETITIONER
VERSUS
SHEKHAR MALIK …RESPONDENT
PETITION UNDER SECTION 125 OF CODE OF CRIMINAL PROCEDURE.
FACTS OF THE CASE :
Marriage was solemnized between the petitioner and the respondent on 06.05.2011 as per Hindu
rituals. It was the second marriage of the petitioner and the respondent as both were divorcee.
Respondent used to blame the petitioner for the dissolution of his first marriage. Petitioner
informed the respondent that the sister of the respondent was stealing money from her purse and
on questioning the sister of the respondent said that she was just looking at the purse but the
44
sister had hidden the money without the consent of the petitioner. Respondent took signatures of
petitioners on various papers and the respondent obtained HDFC credit card in the name of the
petitioner. Petitioner was 6 months pregnant. Respondent’s brother used to taunt and pressurize
the petitioner for the male child and the parents of the respondent planned that if male child will
be born then gold ginni and fixed deposit of Rs. 70,000 will be made. Even the respondent
started taunting and pressurizing the petitioner for the male child. Petitioner and respondent were
blessed with the girl child on 20.01.2012 and because of this the behaviour of the respondent and
his family members changed towards the petitioner. They became harsher, cruel and they
stopped talking to the petitioner. Petitioner’s mother was unwell so after returning from the
hospital petitioner called the respondent to pick her up from the hospital but the respondent
refused as he was busy with his work. Next day they had the same argument. Petitioner then
went to her parental home. Respondent instead of reconciling started harassing and pressurizing
the petitioner. Petitioner works as a front-desk officer in Jagannath International School,
Pushpanjali Enclave, Pitampura, Delhi where petitioner’s daughter studies. The salary of the
petitioner was not sufficient. Jewellery of the petitioner was in the custody of the respondent’s
family members. Petitioner lodged a complaint in CAW cell, Rohini against the respondent and
his family members and demanded Rs. 25,000 for her maintenance per month.
OBSERVATION: Settlement of the case was done. Petitioner got the full custody rights of the
child and respondent had no visiting rights.
45
CASE – 8
BEFORE MS. SHEETAL CHAUDHARY, METROPOLITAN MAGISTRATE,
SAKET COURT, DELHI
IN
APPL NO. 62776 OF 2016
IN THE MATTER OF
NEHA ANEJA …PLAINTIFF
VERSUS
BHARAT ANEJA …DEFENDANT
APPLICATION UNDER SECTION 12 OF PROTECTION OF WOMEN FROM

DOMESTIC VIOLENCE ACT, 2015
FACTS OF THE CASE :
Applicant and respondent marriage got solemnized on 10.02.12 as per Hindu rites and
ceremonies. After the marriage for few days the family members of the respondent were pleasant
to the applicant. But after that the behaviour of the respondent and his family members towards
the petitioner changed completely. Respondent’s brother’s wife took all the jewellery from the
applicant by saying that she will keep it safely in the locker and that whenever the applicant
46
needed it she can ask her. But later on asking several times jewellery was not returned to the
applicant. On 15.02.12 the applicant was suffering from high fever and on repeated request she
was admitted to the hospital. Applicant’s parents visited the hospital and were surprised to see
the rude and non-cooperative behaviour of the respondent and the family members. Applicant
went to the parental home with her parents and was admitted to the Delhi hospital from 28.02.12
and got discharged from the hospital on 04.04.12. Respondent and his family members visited
the applicant for only 10 minutes and did not even bother to ask the health condition of the
applicant and even the medical expenses were borne by the father of the applicant. Applicant
went back to Rohtak with her parents and to the utter shock the respondent was behaving rudely
with the applicant as applicant’s father did not give any dowry as per the choice of the
respondent and his family. Respondent stopped contributing money in daily expenses and other
responsibility and on questioning by the applicant, respondent said that he is not financially in a
position to contribute and demanded Rs. 1 lakh from her. On 05.06.12 respondent had to go to
Faridabad for some personal work but he did not pick applicant from her parental home and
demanded Rs. 10 lakhs from the applicant. Applicant lodged the complaint agaimst the
respondent and his family members. Respondent was highly professional and earlier he was
Assistant Advocate General in Punjab and Haryana High Court and is earning Rs. 1,50,000 per
month. It was ordered that the respondent will pay Rs. 50,000 per month to the applicant for her
maintenance.
OBSERVATION: Cross examination took place. Questions were asked from the affidavit.

47
CASE – 9
BEFORE MR. SAHIL JAIN PRINCIPAL JUDGE, FAMILY COURT,
CENTRAL DISTRICT, TIS HAZARI COURT, DELHI
IN
IN THE MATTER OF
ANJALI TRIVEDI …PETITIONER
VERSUS
ABHISHEK …RESPONDENT
PETITION FILED FOR DISSOLUTION OF MARRIAGE BY DECREE OF DIVORCE

UNDER SECTION 13(1)(ia) AND SECTION 13(1)(ib) OF HINDU MARRIAGE ACT,
1955 AS AMENDED BY MARRIAGE LAW
FACTS OF THE CASE :
Marriage was solemnized between petitioner and respondent on 06.05.15. Marriage was the
result of love affair and against the wishes of the parents of the respondent. The respondent
assured that whenever his parents will give their approval of the said marriage he will take the
petitioner to her matrimonial home. Even after the marriage the petitioner was residing in at her
48
parental home only. Respondent instead of taking the petitioner to her matrimonial home,
pressurized the petitioner to have physical relation but the petitioner did not visit the respondent
and asked him that if joined his company will he take her to her matrimonial home. Respondent
became angry and started threatening the petitioner. Respondent also started claiming his friend
Mr. Gaurav Verma, working in Home Ministry is having connection with authorities (higher
authorities) and he will ruin her life in case petitioner will not obey his dictates. Respondent also
threatened the cousin brother of the petitioner that he will kill him and the petitioner father
lodged a complaint dated 05.01.2017 in this regard since the respondent was not ready to take the
petitioner to her matrimonial home; therefore, it was decided to end their relationship of
marriage. A divorce petition by way of mutual consent was filed by the partner which was
allowed by the family court on 25.07.17 but for the reason best known to the respondent he did
not come forward to sign and institute the said petition, rather the respondent flatly refused to
give divorce to the petitioner and also threatened to ruin her life. Though the petitioner is
working as a centre in charge and proof reader and getting a salary of Rs. 20,000 per month but
she is entitled to lead her life as per status, standard and income of the husband. Respondent is a
farmer having his own 13-14 bigha land and earning around Rs. 5 lakhs per month. Petitioner
asked for Rs. 1 lakh for maintenance of herself from the respondent which is just and proper
amount for maintenance looking at the financial status and income of the respondent.
OBSERVATION: Arguments took place and respondent was asked to bring 3 years Income tax
return.

49
CASE – 10
BEFORE MS. HEMANI MALHOTRA MCAT-02, PRESIDING OFFICER,
MOTOR ACCIDENT CLAIM TRIBUNAL WEST, TIS HAZARI COURT, DELHI
IN
CS NO. 96679 OF 2016
IN THE MATTER OF
PRIYANKA SHARMA …PETITIONER
VERSUS
SANDEEP KUMAR AND ORS. …RESPONDENT
PETITION UNDER SECTION 140 OF MOTOR VEHICLE ACT 1998, GRANT FOR
COMPENSATION.
FACTS OF THE CASES :
The Plaintiff and her deceased husband were going to Najafgarh from Moti Nagar. When they
reached Tilak Nagar on 13.03.12 at about 11:30 PM defendant No.1 hit their motor cycle with
the vehicle mini maxi cab vide no. DLIK5642 in a most rash and negligent manner due to which
the plaintiff and the deceased sustained multiple injuries and Vikas Sharma succumbed to the
injuries on 31.03.12. Treatment took place from 13.03.12 to 23.03.12 and spent approximately
50
Rs. 2 lakhs on treatment. Copy of the bill was retained by the plaintiff. Rs. 40 lakhs have been
claimed as the amount of compensation as the deceased was employed in DSIDC, Government
of Delhi and was of young age of 28 years. Rs. 50,000 was claimed as an interim award as per
section 140 of the motor vehicle act as the plaintiff herself was injured and as a housewife
having no source of income at all to sustain.
OBSERVATION: Plaintiff was asked to make a detailed account of expenses occurred during
the treatment of injuries and submit it to the court along with her bank account details.

51
CASE – 11
BEFORE MR. MUNISH MARKAN ADDL. DISTT. JUDGE
SAKET COURT, NEW DELHI
IN
CS SCJ NO. 83767 OF 2016
IN THE MATTER OF:
DEEN MOHAMMAD …PLAINTIFF
VERSUS
MOHAMMAD AZAD & OTHERS …DEFENDANTT
TITLE OF THE CASE: SUIT FOR DECLARATION OF RIGHT TO HAVE SHARE BY

PARTITION/DIVISION IN THE PROPERTY AND PERMANENT INJUNCTION
FACTS OF THE CASE:
The property in the case is purchased by plaintiff’s father(deceased) in 1981. After the death of
the plaintiff’s father, wife of the deceased made further construction on the premises of 200 sq.
yards and divided the construction by a partition wall in 100 sq. yards each. The defendant no. 2
illegally encroached on the other portion of 100 sq. yards by breaking through the partition wall.
52
The wife of the deceased lodged a police complaint against the said encroachment. The mother
of the plaintiff filed civil suit no. 615/2002 for declaration, possession, permanent injunction
against the defendants as they were not vacating the premises. The suit was dismissed against the
mother of the plaintiff because of the contradiction between averments made in the plaint and the
evidence presented before the court. The appeal against the said dismissal was again dismissed
and the findings were not disturbed.
When approached by plaintiff the defendants refused to divide the said property between the
legal heirs i.e., the plaintiff, defendants and his mother but the defendants bluntly refused to do
so and they have the full right to sell the property to the third person to avoid division of the
property. A FATWA was also issued against the defendants still they refused to divide the
property and threatened the legal right of the plaintiff.
OBSERVATION : Evidence by way of affidavit on behalf of the plaintiff was filed.
DATE OF HEARING: 20.06.2020

53
CASE – 12
BEFORE MS. SMITA GARG ADDL. DISTT. JUDGE – 02
KARKARDOOMA COURT, NEW DELHI
IN
CS NO. 1884 OF 2016
IN THE MATTER OF:
KULDEEP SONI …PLAINTIFF
VERSUS
VINOD KUMAR VERMA & ORS. …DEFENDANT
SUIT FOR PARTITION OF IMMOVEABLE PROPERTIES AND FOR PERMANENT

INJUNCTION.
FACTS OF THE CASE :
The suit property was registered in the name of the plaintiff’s mother (deceased). The plaintiff’s
mother died intestate and the property devolved upon her husband and seven children herein
plaintiff and defendants. All the defendants signed a deed of relinquishment in favour of their
54
father without any consideration out of love and affection. Plaintiff’s rights have not been
released as he was not a signatory to the relinquishment deed.
After death of the father of the plaintiff he became the owner of 3/4th share of the suit property
and 3/4th owner of the suit property are the defendants.
The defendants further started making unauthorised construction in the suit property and
converting the suit property from residential to commercial by making unauthorised shops
therein.
OBSERVATION : Preliminary decree under Order 12 Rule 6 CPC is being sought in respect of
one of the properties. The counsel for plaintiff seeks time to advance arguments on the aspect
“whether there can be two preliminary decrees in a suit for partition”.

55
RESEARCH – 1
DATE: 02.06.20- 07.06.20
RESEARCH PROBLEM:
‘A’ resident of Lucknow got married to ‘B’ resident of Indore on 06.06.2016. The marriage was
solemnized at Indore as per Hindu rituals. Their wedding was registered in Indore. On
15.09.2017 “A” gave birth to a female child at her parental home.
“B” is working as a Sr. Marketing Officer in a Private Organization based at “Indore”. His father
is posted at Dewas (M.P) as Superintendent of Police. B’s mother is a homemaker and his
younger brother is an undergraduate. A, B, B’s Mother & B’s brother all used to live together in
Indore.
Post marriage B and his family members tortured A by taunting, abusing & harassing her for not
getting the expected dowry and for giving birth to girl. Later, On 02.09.2019 A was forced to
leave her matrimonial home along with her daughter. A’s entire Stridhan was in custody of her
Mother-in-Law, which she refused to return.
A with no other option returned to her parental home. Moreover, B filed a frivolous litigation u/s
9 HMA against A at Indore.
A & her family is scared of her Father-in-Law as he has threatened them of implicating in a false
First Information Report.
Advise ‘A’ on following points:
 Available Legal Remedies

 Whether Section 9 HMA can be transferred from Indore.
 If answer to Q. 2 is Yes explain why, where & what will be the process.
 If answer to Q. 2 is No explain Why.
 Benefits of Contesting Section 9 HMA in Indore.
 Benefits of Contesting Section 9 HMA if it can be transferred to some other location.
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RESEARCH:
While working towards the problem in question, I envisaged and researched through the Hindu
Marriage Act, Hindu Succession Act, Dowry prohibition Act, Domestic Violence Act, laws
against cruelty etc and other laws for women.
Section 14 of HSA, 1956 and Section 27 of HMA, 1955 protects a woman’s right to streedhan
and gives her absolute ownership of it.
A complaint can be filed under Section 19A of the DV Act if the right is denied. And since she's
deprived of this right, so she can file a complaint against her in-laws.
Dowry Prohibition Act 1961 prohibits the dowry system. Woman can report against her in-laws
for demanding dowry.
For the case of cruelty, she faces from her in-laws on account of dowry can be reported under
Section 304B and 498A of IPC that criminalises dowry harassment.
Section 13 of HMA 1955 gives women the legal rights to file for a divorce without the consent
of the husband.
The divorce can be filed on the grounds of adultery, cruelty, desertion, thrown out of marital
home, mental disorder etc.
The court will normally order restitution of conjugal rights if:
i. The petitioner proves that the respondent spouse has without reasonable excuse withdrawn
from his/her society
ii. The statements made by the aggrieved spouse in the application are true, and
iii. There is no legal ground why the petitioner’s prayer should not be granted.
The wife can defend her case by following means:
i. A ground for relief in any matrimonial cause.

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ii. A matrimonial misconduct not amounting to a ground of a matrimonial cause, if sufficiently

weighty and grave
iii. Such an act, omission or conduct which makes it impossible for the petitioner to live with
the respondent.
CONCLUSION:
Hindu Law has been wedded to notion that on marriage husband and wife become one. Marriage
as an important institution has been accepted in the personal laws of all the religions. The
particular fall out of the common law doctrine of unity of personality was that one spouse could
not sue the other. The passage of time, complexity increased with areas of divorce, judicial
separation and conjugal rights came up in personal law and it became necessary to codify the
laws relating to marriage in India. The result was that the only remedy that a deserted spouse had
against the other was the petition for restitution of conjugal rights. The remedy of restitution of
conjugal rights is a positive remedy that requires both parties to the marriage to live together and
cohabit.
Marriage under all matrimonial laws imposing certain marital duties and gives to each of them
certain legal rights. The necessary implication of marriage is that parties will live together. Each
spouse is entitled to comfort of the other.
After the solemnization of marriage both husband and wife are legally bound by the law to
maintain their conjugal life together. If either of the spouse depart from the other then the
aggrieved spouse may acquire a statutory matrimonial relief guaranteed under the codified
personal law to restore their status of the other subject to validation of certain facts. This can be
done by filing a petition in court seeking for resumption of cohabitation. This right is known as
Restitution of Conjugal rights. The legal definition is given under Section 9 of Hindu marriage
act 1955. The idea of providing for restitution by a court decree is to preserve the marriage tie as
far as possible, by enabling the court to intervene and enjoin upon the withdrawing party to join
the other. The condition to be satisfied for obtaining such decree are-
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1. The other spouse has withdrawn from the society of the petitioner.
2. There is no reasonable excuse for such withdrawal. Should the respondent allege
reasonable excuse, the burden of proof lies on him/her.
3. The court satisfied as to the truth of the statements made in the petition.
4. No legal grounds exist for refusing the decree.
So the restitution of conjugal rights remedy tries in promoting reconciliation between the parties
and maintenance of matrimonial. It tries to protect the society from denigrating. But the final
decision is that of the parties whether to obey the decree of restitution of conjugal rights and to
continue with the matrimony or not.
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RESEARCH – 2
DATE: 08.06.20- 14.06.20
RESEARCH PROBLEM:
"A" is an Owner of Auto Work shop in Gomti Nagar, Lucknow. "B" is a supplier of Books &
periodicals and Resident of MohanlalGanj, Lucknow. On 1st September 2019 "B" got his vehicle
(Honda Civic) for normal repairs to A's workshop for which the total due amount of the repairs
was Rs. 3,00,000/-, out of which B immediately paid Rs. 1,50,000/- to A and promised that the
rest of the amount will be paid after 3 months. A raised his concern and asked B to give the same
in writing on the Repair Invoice to which B agreed and gave the same in writing on Invoice.
Accordingly. B took the Delivery of the Vehicle. Reasons Unknown B did not pay the due
amount of Rs. 1,50,000/- to A even after passing of 3 months. Now. A wants to file a Suit for
Recovery of the said Amount from B. Prepare the appropriate filling for A in the above facts and
circumstances in the appropriate Jurisdiction.
Prepare the Documents as under:
 Index
 Prepare the Documents as under:
 List of Documents
 Memo of Parties
 Plaint
 Affidavit
RESEARCH:
The first step in drafting the plaint is to see under what sections or orders will the above problem
fit along with the appropriate jurisdiction. The current allotted problem to me was a problem
covered under Order XXXVII of Code of Civil Procedure. The case will have the appropriate
jurisdiction in the court of Junior Civil Judge and the pace where the suit will be instituted will
be Mohanlalganj, Lucknow. One of the important step in the plaint is to identify the correct
jurisdiction of the court.
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This is followed by the index which includes list of documents presented, memo of parties,
plaint, prayer, verification, affidavit, vakalatnama and all the annexures have to be attached with
it.
The memo of the parties includes the address and the designation of both the plaintiff and the
defendant. It would include in brief the details and the identity of the plaintiff and the defendant.
After that the main body of the plaint is formed. It is a standard procedure to start every
contention raised in plaint and every point put forward in the plaint, with the word ‘That’. In the
plaint also initially we need to give a brief about both the parties by introducing themselves and
justify that the court has the jurisdiction in the present matter. The introduction should include
the place of residence and the place of work along with their designation.
Then comes the facts of the case which should be mentioned clearly and should not be vague and
misleading and false. The facts can though be stated in such a manner that it would represent the
party in an innocent manner.
It should also include the payment of the court fees and it should be stated that both the territorial
and pecuniary jurisdiction have been satisfied.
This is followed by prayer in which the plaintiff prays to the court to grant relief, in present case
the plaintiff prays for the recovery amount as well as the cost of the suit from the defendant
itself. They also pray for any other appropriate relief which the court thinks fit to be granted.
Verification is made in the name of the plaintiff by using 1 st person. This ensures that the
plaintiff is aware of all the contentions made in the plaint and that it is true and correct to the best
of his knowledge along with the legal advice received by him.
Affidavit is made establish the seriousness of the oath taken by the plaintiff. The contents of an
affidavit reflect the personal knowledge of the individual making the statement. This means that
an individual making an affidavit cannot be penalised for failing to include information of which
they were not aware. If an individual knowingly makes a false affidavit by making a statement
which is false, then they can be found to have committed contempt of court.
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Vakalatnama has to be made by the counsel. This empowers the advocate to act for or on behalf
of his client. A Vakalatnama under which a lawyer is empowered to act may be general. it may
specifically confer wide authority upon a lawyer.
At last all the documents produced by the plaintiff which would serve as the evidence for the
plaintiff will be attached and be given different no. These are called appendix.
CONCLUSION:
The plaint is a concept that emerged in the field of law for the better knowledge of the point of
conflict and facts so that effective and well-informed decisions can be delivered. The concept of
plaint is required in the commercial and civil matters which are dealt with by the commercial and
civil courts. But the plaint has increased the complexity of the process and may make it tough to
file the suit for legal remedy by the common people. It is also a time taking process due to which
people are dissatisfied with this concept of plaint.
Due to the presence of many orders and rules under the provision of the Code of Civil Procedure
for the regulation of plaint rejection, formation, and drafting of the plaint brings a lot of chaos in
the civil system.
In my opinion, a plaint helps in improving the knowledge of facts and points of conflict.
However, simplifying the regulations under the provisions of C.P.C will make it easier for a
layman to file the suit. Otherwise filing a plaint with a lot of regulation is quite difficult. So,
instead of scrapping the concept of plaints itself, the regulation under several provisions of the
law should be reduced.
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RESEARCH – 3
DATE: 15.06.20- 18.06.20
RESEARCH PROBLEM:
On 25/07/2018 Manjoor S/o Riyaz got an information that he is roped as an Accused in First
Information Report No. 0273/2018, Police Station Gosaiganj, District Sultanpur, Date of FIR
21/07/2018. FIR is registered U/S 308, 323, 504, 506 Indian Penal Code.
Now, Manjoor is not aware of the allegations of FIR and is trying to obtain the Copy of FIR. So
that he can approach the Hon'ble High Court for quashing of FIR and take other necessary
measures. Manjoor tried to view the FIR online on the UP Police portal but the said FIR is
restricted for Public view.
Guide Manjoor about the process that how he can obtain the FIR copy and draft the required
Application for obtaining the FIR copy.
RESEARCH:
For this research I studied various provisions of Code of Criminal Procedure including Section
207 which entitles the accused to get the copy of the First Information Report. the investigation
has been completed by the police in the said case, and the charge sheet has been filed in the
Court. The provision states that the Magistrate, in such circumstances, must furnish to the
accused a copy of the FIR free of cost. But if the accused wants to obtain the FIR before the
charge sheet has been filed then on payment of the applicable legal fees.
Further it is seen that if an accused believes or has reasons to suspect that he has been roped in a
criminal case and his name may be finding place in a First Information Report he can submit
an application through his representative/agent/parokar for grant of a certified copy before the
concerned police officer or to the Superintendent of Police on payment of a fee which is payable
for obtaining a copy from the court together with a certificate written at the foot of such copy
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that it is a true copy of such document. On application being made, the copy shall be supplied
within twenty-four hours.
Once the First Information Report is forwarded by the police station to the concerned Magistrate
or any Special Judge, on an application being filed for certified copy on behalf of the accused,
the same shall be given by the court concerned within two working days.
The copies of FIR, unless reasons recorded regard being had to the nature of the offence that the
same is sensitive in nature, should be uploaded on the Police website within twenty-four hours of
lodging of the FIR so that the accused or any person connected with the same can download the
FIR and file appropriate application before the court as per law for redressal of his grievances.
In case a copy of the FIR is not provided on the ground of sensitive nature of the case, a person
grieved by the said action, after disclosing his identity, can submit a representation with the
Superintendent of Police who shall constitute a committee of three high officers and the
committee shall deal with the said grievance within three days from the date of receipt of the
representation and communicate it to the grieved person.
The Superintendent of Police shall constitute the committee within eight weeks from today.
In cases wherein decisions have been taken not to give copies of the FIR because of the sensitive
nature of the case, it will be open to the accused/his authorized representative/parokar to file an
application for grant of certified copy before the court to which the FIR has been sent and the
same shall be provided in quite promptitude by the concerned court not beyond three days of the
submission of the application.
Following the above procedure the accused who is entitled to get the copy of FIR will obtain one
from the said police station which has the custody for the same.
After explaining the entire procedure to obtain the FIR copy one has to mention that the above
stated opinion is based on the law as it stands on the date of signing it, and is based on the facts
and documents that were supplied through the authorities, that there is no binding effect or
enforceability of the rights or obligations of the accused and that the said facts and opinion are
best to my knowledge and ability and that I am not responsible for the same.
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The application for getting the copy of the FIR should be addressed to the police superintendent
or concerned police officer of the appropriate police station. It should also bore the FIR No.
along with the date when FIR was registered and the concerned police station.
The Application should clearly specify the details of the applicant. His name, his father’s name,
his address, phone no. and email id.
After that the application should include all the details and the contentions which is required to
receive the FIR copy from the concerned authority. In the present scenario I mentioned that the
applicant has been roped as an accused in First Information Report 0273/2018 dated 21/07/2018
at Gosaiganj police station, district Sultanpur. The applicant tried to view the FIR online on the
UP portal but the said FIR is restricted for public view. Further, the accused is entitled to receive
the certified copy of the FIR according to the section 74 of Indian Evidence Act which states that
the accused is entitled the certified copy of public document and FIR being a public document
should be provided to the accused. And at last on payment of applicable legal fees the accused
can obtain the certified copy of FIR before filing the charge sheet.
This is to be followed by the prayer which should include that the applicant be granted with the
certified copy of FIR and that the applicable fees for obtaining the certified copy has been paid to
the concerned officer.
CONCLUSION:
As of today, there is no provision in any law in India which will make available a copy of the
FIR to the accused. In many unfortunate circumstances the situation is that the Police Officials
usually call the suspect/accused to the Police station and make them sit for hours on the
pretence that there is a complaint against you, but seldom do they disclose the contents of the
complaint or FIR. This leads to unnecessarily harassment of the public along with breading of
corruption.
When an FIR is registered by the Police, the law provides under Section 154 of Cr.P.C, sub-
section (2) that a copy of the FIR should be provided to the informant immediately after its
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registration. However, there is no provision which says that a copy of FIR should be provided to
an accused after its registration.
Although Section 207 of Cr.P.C requires the concerned Magistrate to furnish a copy of the FIR
to the accused but the provisions of Section 207 come into play only after the filing of charge-
sheet under Section 173 Cr.P.C. Similarly, a combined reading of sub-sections (5) and (7) of
Section 173 of the Cr.P.C. shows that after filing of the charge sheet, the police may also supply
copy of the FIR to the accused person along with other papers of the charge sheet. However,
both the provisions of Section 207 and Section 173 of the Cr.P.C. are attracted only after filing of
the charge sheet by the police. There is no specific provision in the Cr.P.C. requiring supply of
the FIR to the accused person before the filing of the charge sheet and after the registration of
FIR.
But Supreme Court has now observed that
“it is vitally necessary that an accused person should be granted a copy of the first information at
the earliest possible state in order that he may get the benefit of legal advice.”
SC issued notice to the central and all state governments on a PIL seeking direction that “each
and every” FIR on the official website of police within 24 hours of its lodging. Therefore, such
an uploading of the FIR on the official websites of the police in different states would bring
definitely bring the much needed “transparency in administration of criminal justice”.
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RESEARCH – 4
DATE: 19.06.20- 23.06.20
RESEARCH PROBLEM:
If suppose on 13/02/2020 Ashfa Dlo CBC got arrested and she is an Accused in First Information
Report No. xxxx/2019, Police Station CCD, District SB. FIR is registered u/s 420,467,468,471
Indian Penal Code & 12 Passport Act, 1967. Now, she is denying all the allegations but she don't
have document or evidence supporting her innocence. She is an old widow lady suffering from
multiple health problems like diabetes, blood pressure, various vitamin deficiencies etc. Now,
you have been appointed as her lawyer by her distant relatives. Due to COVID - 19 police has
not been able to complete its investigation and file charge sheet before the Concerned Court.
Meanwhile, her daughter's father-in-law has also passed away. The Allegations in FIR are as
under: She is a Pakistani Citizen, who has obtained the Indian Passport by Forged Documents
and is now residing in India. She was born in Pakistan in 1965 thereafter she visited to India with
her parents at the age 15 and except her all her family members returned to Pakistan after 4
weeks stay in India. After that she has not only resided in India but also got married to an Indian
without disclosing her real identity and intention of staying back.
Draft Written Opinion regarding Grounds of Bail as well as Draft Bail Application
RESEARCH:
Firstly, while giving any legal opinion a provision stating that this opinion does not create or
give rise to any client relationship between this firm and the accused and that we owe no duty of
care to anyone other than our client should be mentioned. Secondly, it should be stated that this
opinion is set out on certain matters of Indian law as at today’s date and as currently applied by
the Indian courts and is not bound by any other law, or opinion on any other law and that this
letter is to be governed by and construed in accordance with Indian law.
Next we need to mention all the documents that have been construed for the purpose of preparing
this opinion. The documents on which the opinion relies should be specifically mentioned as
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later if any other document is brought into light then it can be taken against the person who gives
the opinion.
After that all the facts related to the case should be mentioned in brief and in pointers. With the
help of these facts analysis has to be drawn and the laws which are applicable has to be
interpreted. In the present scenario since the offence is a non-bailable offence we will take into
consideration the laws related to the non-bailable offence. According to section 437(1) it states
that the bail can be granted for non bailable offence but it is not the right of the accused as in
case of bailable offence. One needs to file bail application for the same either with the police or
before the honourable court. However, the following categories of persons may be released on
bail even if charged for a non-bailable offence:
a) Person under the age of 16 years

b) A woman
c) A sick or infirm person
Further section 437(2) states that if it appears to the officer or Court at any stage of the
investigation, inquiry or trial, as the case may be, that there are no reasonable grounds that the
accused has committed a non- bailable offence, but that there are sufficient grounds for further
inquiry into his guilt the accused shall, be released on bail or at the discretion of such officer or
Court, on executing the bond with or without sureties for his appearance.
Under section 437(3) it is stated that the accused person or person suspected of the commission
of an offence punishable with imprisonment for term of seven years or more shall be released on
bail by the competent court by imposing certain conditions:
a) such person shall attend the trial and execute the bond with or without sureties,
b) person shall not commit an offence of similar nature for which he has tried and punished,
and also,
c) Such person shall not directly or indirectly make any inducement, threat or promise to any
person for not disclosing the facts to the court or the police officer.
d) And may also impose, in the interests of justice, such other conditions as it considers
necessary.
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Now after the analysis of the provisions have been made, opinion has to be given in a language
which is easily understandable to the person who asks for it. In this case the opinion which
according to me after construing the law is that:
i. Firstly, that the bail will be granted to the accused as mentioned under para 6(v) a woman
and a person who is sick and infirm will get a bail in a non-bailable offence. In this case
as the accused is both a woman and a person who is suffering from multiple health
problems like diabetes, blood pressure, various vitamin deficiencies etc. as mentioned in
para 5(ii) she will be granted bail.
ii. Secondly the accused is not guilty of guilty of offence punishable with death or with
imprisonment for life.
iii. Thirdly the investigation has not yet been completed and therefore there is scope for
further enquiry into his guilt the accused shall, be released on bail or at the discretion of
such officer or Court, on executing the bond with or without sureties for his appearance.
iv. The court may or may not impose conditions on the accused for granting the bail. They
are:
a) such person shall attend the trial and execute the bond with or without
sureties,
b) person shall not commit an offence of similar nature for which he has tried
and punished, and also,
c) Such person shall not directly or indirectly make any inducement, threat or
promise to any person for not disclosing the facts to the court or the police
officer.
d) And may also impose, in the interests of justice, such other conditions as it
considers necessary.
v. But, if there are reasonable grounds which shows that accused is guilty, or is necessary
to do, direct that such person be arrested and commit him to custody.
Next I drafted the bail application for the same. Firstly, I identified the appropriate jurisdiction
where the application will be filed i.e. in the court of metropolitan magistrate along with the
appropriate police station and the district. The application should mention the FIR No., the date
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when the FIR was registered, the police station, the offences which are in question and the date
since the accused is in custody.
After this, the contentions as to why the court should grant bail to the accused has to be
mentioned. In the present scenario I mentioned that the present FIR has been registered on false
and bogus facts and lack in the material substance. The facts stated in the FIR are fabricated,
concocted and without any basis. Further that the police have falsely implicated the applicant and
arrested him in the present case, the applicant is a respectable citizen of the society and is not
involved any criminal case. the applicant has been deprived of his valuable fundamental right of
liberty by abuse of powers and process of law by the complainant. Also, the accused is an old
widow suffering from multiple health problems like diabetes, blood pressure, various vitamin
deficiencies etc. and that the applicant is a permanent resident and there are no chances of his
absconding from the course of justice.
I also mentioned that the applicant is not required in any kind of investigation nor any kind of
custodial interrogation is required, nor any recovery is to be made at the instance of the
applicant. The applicant further undertakes to present himself before the police/court as and
when directed and that he undertakes that he will not, directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to any police officer. The applicant
further undertakes not to tamper with the evidence or the witnesses in any manner and shall not
leave India without the previous permission of the Court. At last the applicant is ready and
willing to accept any other conditions as may be imposed by the Court or the police in
connection with the case.
After this I mentioned the prayer and the relief prayed to the court. This included that the
applicant may be ordered to be released on bail and this application for bail may kindly be
allowed; and till the decision of this application interim bail may be granted to the applicant.
Further, such other orders be also passed in favour of the applicant as deemed fit and proper in
the facts and circumstances of the case and in the interest of justice.
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At last affidavit is to be attached which would state that every fact and the contentions raised in
the bail application are true and best to the knowledge of the deponent and that it has been
drafted at my instance and under my instructions.
CONCLUSION:
The bail under Section 437 of the Code of Criminal Procedure is filed before the court of the
concerned Magistrate first who is also called the Ilaka Magistrate and it is filed after the arrest of
the accused by the police. It can be filed by any close relative or Parokar on behalf of the accused
if the bail application is being moved when the accused is not before the Court. The bail is also
to be signed by the Counsel who is filing the bail format India either through his memo of
appearance or power of attorney. No court fee is to be paid on the bail when the accused is in
custody. The details of the FIR, name of the accused, fathers name of the accused should be
properly mentioned in the bail format so that the Jail authorities are able to identify him properly
after the release order from the Court.
However, the format for a bail application depends upon the nature of offence and circumstances
under which an accused person seeks the grant of bail. Under Section 436 any person, other than
a person accused of a non-bailable offence, is arrested or detained without warrant by an officer
in charge of a police station, or appears or is brought before the court and is prepared to give
bail, such person shall be released on bail as a matter of right.
Under this section the court cannot exercise any discretion in granting bail. Under Section 437 a
court (other than a High Court or a Court of Sessions) or a police officer possesses the power to
release an accused on bail in a non-bailable case, unless there appear reasonable grounds that the
accused has been guilty of an offence punishable with death or with imprisonment for life.
Under Section 438 any person who apprehends or has reason to believe that he/she is likely to be
arrested on false or trumped up charges, due to enmity with someone, or in connection with a
false case lodged or likely to be lodged against him, may approach a Court of Sessions or High
71
Court for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in
the event of such arrest, he shall be released on Anticipatory bail.
Under Section 439 a High Court or a Court of Sessions possesses special powers to direct the
release on bail of an accused person. These special powers are entirely discretionary and also
apply to the discretionary power of a High Court or Court of Sessions to cancel the bail of an
accused person.
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RESEARCH – 5
DATE: 24.06.20- 28.06.20
RESEARCH PROBLEM:
As on date there is no codified SOP for the Criminal Investigation of Police. Accordingly,
investigation primarily consists of the statements of the Informant, Complainant, victim.
witnesses or/and circumstances of the case. The duty of the Investigating Officer is not merely to
bolster up a prosecution case with evidence as may enable the Court to record a conviction but to
bring out the real unvarnished truth.
State of West Bengal v. Manindra Nath Das AIR 1960 Cal 183: 1960 Cr. LJ 338
Thus, the object of the investigation is never to secure the conviction by any means but to find
out if the Investigating Officer can secure the Offenders connected with the crime and to bring
them to justice. The impartial, free & fair investigation is a fundamental right of Accused.
Write an Article on "Necessity to introduce the Standard Operating Procedure for Police to
Investigate the Criminal Cases in India"
RESEARCH:
While working for the assignment given to me to write an article on the necessity of introduction
of the Standard Operating Procedure for police to investigate the Criminal cases in India, I
observed that no definite steps or codified form is used during the investigation of cases. There is
no predefined procedure providing explicit directions for the police to follow but I also
ascertained the grave necessity of the same. While furthering my research, I gave a thorough
study to the Section 157 of the Code of Criminal procedure whereby the procedure of
investigation in criminal cases has been incorporated. It requires the intimation of information to
the police officer on the commission of a crime. Before the commencement of the investigation,
the police officer has to satisfy himself about certain grounds. If the grounds are present, the
investigation shall be begun with.
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I also briefed the difference between cognizable & non cognizable offences and found that in
non-cognizable offences, the police officer does not have any authority to arrest without a
warrant. The police officer has to obtain a warrant under Section 155(2) of the Code of Criminal
Procedure.
I further studied how a report is sent to the magistrate and that the report is to be sent without any
delay.
I went through the topic of attendance and examination of witnesses as it comprises an essential
feature of the investigation and realised the statements to the police not to be signed and that the
statements made under section 161 can be used for contradiction.
I further researched regarding the recording of the statements under Section 164 of CrPC. Here, I
also learnt about the Warning of the accused or the person making a confession, recording of the
statement when the magistrate does not have jurisdiction etc.
Then, I proceeded towards the procedure of search to be conducted by the Police Officer which
is given under Section 165 of the Code and learnt about the panchnamas.
I studied that under Section 47 of the Code, the search of a place can be conducted by the police
when they have to arrest a person. I also learnt about the exclusionary rule which states that the
things which are found out of an illegal search are not admissible in evidence. I further gave a
thorough insight into the section 91 and 92 of the code regarding the production of documents.
Further, report to be filed before the magistrate after completion of the investigation was taken
into research , and I compiled my study about the closure report, charge sheet and inquest report.
At last, I researched about the procedure when the investigation is not complete within 24 hours
and learnt about section 57 of the Code which says that no person shall be detained in custody
without a warrant after the completion of twenty-four hours. I then went through the Section 167
which states the provisions been made when the investigation is not complete.
I did my entire research in the light of the landmark case of State of West Bengal vs Manindra
Nath Das , whereby the reference to Section 307(1) of the CrPC was made by the sessions judge.
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The accused were charged under Section 302 of IPC but later held guilty under Section 304 of
IPC and not under Section 302 of IPC.
CONCLUSION:
One of the primary roles of the Police is to prevent and investigate crime in an effective, efficient
and fair manner. This function is an essential part of the wider role of the Police to ensure the
community safety of all its citizens. In order to deliver an effective and efficient investigative
function, the Police needs to work to a structured and documented operational procedure that is
standardized, is in accordance with the laws governing the investigation of crime, is human
rights compliant and reflects international best practice. The generic name given to such a
document is ‘Standard Operating Procedure’ (SOP). The benefits of working to a set SOP
include:
 Standardised Investigative Process This enables a consistent approach to investigation.

 Common Methodologies This delivers the best methods to complete the various stages of
an investigation.
 Development of Best Practice This identifies and encourages improved and better ways
of working and discourages bad practice.
 Professional Standards This delivers recognised processes, procedures, supervision and
minimum standards
The purpose of the SOP Committee was to:
 Identify current ways in which crime is investigated in Somaliland, taking into account
regional differences and current best practice.
 Develop improved ways of conducting such investigations with increased emphasis on
professionalism and management supervision.
 Recommend improvements in procedure with particular emphasis on introducing
international best practice
 Document the key processes, procedures and supervisory functions for crime
investigation in an SOP
75
CONCLUSION
Now that my internship is over, I feel I have learned a lot. First of all I become more familiar
with the advocates. Secondly, I got acquainted with functions and responsibilities of the advocate
and of course got highly involved in the daily life of our Division. I didn’t just learn to do my
daily task, but also learn about drafting as well as its weaknesses and need for improvement.
On the other hand, I can’t say that internship was challenging and I had to put a lot of hard work.
A few weeks after the beginning I started hoping for a wider variety of assignments to keep
myself busy and motivated. I felt like my work did not matter that much and I could have put my
potential to a better use, but that’s just probably a matter of my ambitions.
Despite the fact that this internship didn’t keep me as such interested as I wished, I admit that
there still is quite a lot to learn, for example, I would like to know more about the proceedings,
what exactly renders them, drafting as well as more about the arguments preparation. Another
thing of great value would be to get more familiar with arranging the documents.
In review this internship has been an excellent and rewarding experience. I have been able to
meet and network with so many advocates and people that I am sure will able to help me with
opportunities in the future. One main thing I have learned through this internship is time
management skills as well as self-motivation. When I started did not think that I was able to
going sit in an office for eight hours a day. Once I realized that what I had to do I organized my
day and work so that I was not overlapping or wasting my time. I will continue to work hard and
learn about the advocacy skills
Initially during my training I felt as a destitute in the legal field but it was the guidance and
enlightenment by my mentor which gave me confidence and zeal to work and therefore learn
step by step. I would like to thank respected partners and associates of the firm for their vision
and guidance throughout this programme. they unstintingly shared their extraordinary knowledge
of the field of Law and litigation and the technically related challenges associated with it, helping
me get up to speed in an area with which I had little previous familiarity. Their passion for
76
finding solutions to the issues addressed in different day to day challenges in cases has been a
source of inspiration.
In the end, I would like to opine that the real legal practice is absolutely different from the
theoretical version of law which we study. Without exposure to the real world, one cannot
understand the analytical and positive application of law and jurisprudence and the actual
function and structure of law. What we study is the body, but what we have learned from this
internship is the mechanism of this body.
To conclude, I would like to state that like the arrow goes forward only after pulling in to
backward, bullet goes forward only after pressing the trigger backward, likewise, every human
being will get happy only after facing the difficulties in their life path….so do not afraid to face
your difficulties. They will push you forward. In other words or as that of our counsel, laws may
come and laws may repeal, but they must always stay true to our original values and in case of
laws, they must always be faithful to the constitution, which is the most supreme law of the land
and governs all equals and unequal in respect of each other.
With a vote of thanks and gratefulness for reading this report thoroughly and for giving me this
wonderful opportunity to grow my vision in this field, I conclude this report with a great lot in
my mind.
77
REFERENCES
I was allowed to use internet library for research work of the cases. Ma’am had explained me
how to use the citations and how to research the case digests and commentaries for the case
proceedings.
The judgments and facts/doctrines hence forth used are photocopied for the use of the Counsel
and for the Court.
Some of the sources of my research work are –
• Manupatra
• Recent Civil Reports
• Supreme Court Criminal Digest
• Supreme Court Civil Digest
• Lawyer’s Club India
• E-Judis
• eLegalix
• Many other commentaries and internet surfing.

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1

A PROJECT REPORT ON SUMMER

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

Submitted to: Submitted by:

CHANDER PRABHU JAIN COLLEGE OF HIGHER STUDIES AND

UNDERTAKING BY THE CANDIDATE TO WHOM IT MAY CONCERN

Date: 25.11.20 Signature of Student: Nishtha Datta

Place: Delhi Name of student: Nishtha Datta

DATE: SIGNATURE OF SUPERVISOR

PLACE: NAME OF SUPERVISOR

Name of the Student: NISHTHA DATTA

Approved by: Ms. Himani Shokeen (Asst. Professor)

S.NO. ABBREVIATION EXPANSION

4. I.O Investigating officer

8. F.I.R. First Information Report

9. U/S Under Section

10. Cr.P.C. Criminal Procedure Code

11. C.P.C. Civil Procedure Code

12. PP Public Prosecutor

13. ADJ Additional District Judge

14. H.M.A Hindu Marriage Act

15. DW Defense Witness

CHAPTER-1 PREFACE OF INTERNSHIP……………………………………………..8-14

1.1 Concept of Internship

1.2 Purpose of Internship

CHAPTER-2 INTERNSHIP OBSERVATION………………………………………......15-28

2.1 Case Files

2.2 Public Prosecutor

2.3 Hierarchy of Courts

CHAPTER-3 CASE DISCUSSION………………………………………………………..29-54

CHAPTER-4 RESEARCH WORK………………………………………………………..55-74

Internships for professional careers are similar in some ways. Similar to

PURPOSE OF INTERNSHIP PROGRAMME

1. Application of knowledge acquired in law school into reality

3. Breaking the vicious circle of non-network building

Networking with co-interns

Networking with mentors

4. Ingraining new skills

5. An Internship is “your experiment with the truth”

6. Acquaintance with rigorousness

7. Unlearning The Myths

8. Experience building for CV

9. A sacrosanct factor of measuring capability by the employers

10. Audition in disguise

11. Knowing yourself is beginning of all wisdom

 Examination & Cross-Examination of the witnesses (through a Written Affidavit,

on the Court Websites –www.supremecourtofindia.nic.in,

The functions of the Public Prosecutor differ according to their designation.

 Public Prosecutor- supervise the function exercised by the Additional Public

The objective of establishing a Directorate of Public Prosecutors is to supervise and scrutinise

Reasons for the Appointment of Public Prosecutor

 Equality before law

Role of Public Prosecutors

It is divided into two parts:

Role of the Public Prosecutor in the investigating process

 To make an appearance in the Court and obtain an arrest warrant

 To initiate a proceeding for the declaration of the non-traceable offender as the

Role of Public Prosecutors at the time of trial

Types of Courts in India – 7 types of

A person may be appointed as the Chief Justice of the High Court:

1. If the person is an Indian citizen, and

Civil Courts Meaning