Internship Diary RT Legal

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Internship Diary

BITS Law School

Name of student: Kareena Vakil


Batch and ID: 2328064
Name of law firm (along with location): RT Legal Advocates and Consultants, Aurangabad
Address: 2, Rampreet, Jai Girija Society Opposite Tapadiya International School, Shreya
Nagar, Aurangabad, Maharashtra, India, 431001
Duration of internship: One month

WEEK ONE

S. No. Description of work done Date assigned & Observations and learnings
date submitted
nd
1. Session on basic legal 2 January 2024 During my training, I acquired a
terms was conducted and I comprehensive understanding of various
was taught basics of Debt terms, procedures, and protocols applicable to
Redressal Tribunal and diverse legal cases. A significant aspect of my
securitization application learning involved effective case file analysis,
and criminal application. I emphasizing its paramount importance in
was also given a case file legal proceedings. Moreover, I delved into the
related to the DRT to study. intricacies of Debt Recovery Tribunals (DRT)
and the functioning of securitization
A criminal case file related applications. One notable case that I studied
to Drugs and Cosmetics pertained to the High Court of Bombay
Act,1940 was given to me (Aurangabad Bench), specifically in the
for studying and I was matter of Rajiv Indravardhan Modi v Union
asked to write potential of India. This criminal application under
grounds and arguments and Section 482 of the CrPC and Article 227
find relevant case laws and involved the chairman of a pharmaceutical
prepare case briefs for the company as the applicant. The respondents,
same. relying on a government analyst report,
initiated criminal proceedings alleging
violations of various sections of the Drugs
and Cosmetics Act, 1940. The charges
included offenses under Section 18(a)i,
Section 16, Section 34, and Section 27(d).
The central issue was the pharmaceutical
company's drug being deemed "Not of
Standard Quality." In the course of my study, I
gained insights into key legal provisions such
as Section 202, Section 204, Section 469, and
the interplay between Sections 468 and 482
of the CrPC. As part of my submission, I
presented 18 relevant case laws, providing
detailed case briefs and notes to support my
understanding and analysis of the legal
Internship Diary
BITS Law School

complexities involved in the matter.


2 Worked on case M/S 3rd January 2024 My training encompassed a case involving
Ambarwadikar and specific reliance and compensation arising
company v State of from the frustration of a contract and the
Maharashtra. My work alleged illegal appointment of a third-party
was to study the case files tender. To seek urgent relief, we filed the case
related to it and make under Section 80 of the CPC, aiming for a
synopsis of the case and mandatory and perpetual injunction. The crux
find case laws related to the of our legal arguments rested on the
arguments. provisions of Section 32 and Section 56 of
the Indian Contract Act, along with Section
37(2), 14, and 39 of the Specific Relief Act,
1963. Additionally, the case invoked Section
12A (1) of the Commercial Courts Act, 2015.
In the pursuit of a thorough understanding, I
extensively researched and delved into the
nuances of these laws. My findings and
insights were consolidated in the identification
of nine pertinent case laws, which I carefully
presented to bolster our legal stance and
contribute to the comprehensive analysis of
the matter at hand.
3 Worked on the matter of 3rd January, 2024 I learned about the caveat petition and its
Janardhan Pandhari Patil filing procedure. The respondent was the
v Rakesh Gopichand caveator who took time to rely to file the
Laddha. I was told to application for condonation of delay. It was an
research that was the suit issue relating to specific performance of
barred by limitation and contract. The relevant section included were
give relevant case laws. Section 14 of limitation act and Article 54
of Limitation Act.
4 Research on Insurance 4th January, 2024 I researched on whether the nominee has a
act, 1938. (Work from right of legal heir
home)
5 Research on Error of law, 5th January, 2024 Delved deeper into the Principles of Natural
and Nemo Judex in Causa Justice and its importance. Also, its
Sua and its value in application and importance in arbitration
Arbitration and proceedings
Conciliation
6 Research work on 6th January, 2024 Section 34 of Arbitration and Conciliation
Section.34 Arbitration and act, permits the court to interfere with any
Conciliation act, 1996 award which is illegal. I found relevant case
laws and helped in preparation of the case
arguments.
Internship Diary
BITS Law School

WEEK TWO

S. No Description of work done Date assigned & Observations and learnings


date submitted
1 Worked on the matter of 7th January – 8th We represented the petitioner. The petitioner,
Era International v Aditya January, 2024 invoking Sections 11 and 14 of the
Birla Global Trading Arbitration and Conciliation Act, 1996,
(India) Pvt Ltd and others challenges the appointment process by the
Mumbai Centre for International Arbitration
(MCIA). Allegations include MCIA's failure
to appoint an unbiased arbitrator, deviation
from the designated seat of arbitration
(Mumbai), and the appointed arbitrator's
potential conflict of interest. The petitioner
seeks High Court intervention for the
termination of MCIA's mandate and
appointment of an impartial arbitrator in
Mumbai. I was told to find case laws relevant
to the case and work on Maintainability of
written arguments and Drafted Index and
proposition for the same.

I Extensively researched on MCIA rules,


procedures and Section 12(5) (7) and made
case briefs of the relevant case laws.
2 Advice to client on 9th January Today, I addressed a client's dilemma about
International Law, Social employees on long-term European
Security act and Dutch laws assignments. Shifting them to the customer's
payroll raised questions on maintaining
employment continuity in India. To preserve
this, the client hasn't marked exits in the
Provident Fund, despite ceasing contributions.
The client seeks guidance on dual social
security benefits, appropriateness of offering
continuity without specific benefits, and the
possibility of re-hiring post-assignment. I
advised compliance with laws, assessing legal
implications, and recommended legal and HR
consultations for a balanced approach.
Ongoing support will be crucial as this
situation unfolds. I researched on topics like
Double Dipping, Totalization agreements,
social security acts in India as well as
Netherlands and understood the Dutch
Social Security system.
Internship Diary
BITS Law School

3 Worked in the matter of 10th January Today, I delved into the case of Mohd. Iliyas
Mohd. Iliyas s/o. Mohd. v Iqbal Baig, where the plaintiff alleges a
Bhai v Iqbal Baig s/o Niyaj contract for a shop purchase. The plaintiff
Baig paid an initial amount, took possession, and
signed an agreement. Despite a subsequent
extension agreement and additional payments,
the defendant disputes details and asserts non-
compliance. Research focused on legal
provisions such as Section 96 of the Civil
Procedure Code, Section 16 (c) of the
Specific Relief Act, Section 55 of the Indian
Contract Act, and Section 10 of the Specific
Relief Act. Notably, the case involves seeking
perpetual injunction, adding complexity. I
was also asked to form arguments on whether
the suit was barred by limitation so my
research also involved Section 14 of
Limitation act.
4 Court visit 11th January
5 Court visit 12th January
6 Worked on case related to 13th January Worked on the matter of Sagar Babasaheb
POCSO act, 2012 Suryavanshi v State of Maharashtra and
others. Engaged with a POCSO case today,
addressing serious allegations of rape. The
petitioner accused the respondent, prompting
an in-depth study on legal statutes.
Researched extensively, focusing on S.35 of
POCSO, S354(A), 376(2), and 376(3) of
IPC, along with sections 6, 8, and 12 of the
POCSO Act, 2012.
Internship Diary
BITS Law School

WEEK THREE

S. No Description of work done Date assigned & Observations and learnings


date submitted
1 Research work on 14th January Explored the nuances of Section 138A in the
Negotiable Instruments Negotiable Instruments Act, recognizing its
act, 1881, Section138A significance in dealing with cases of
dishonored cheques. Beyond introducing a
provision for compounding offenses, the Act
provides a robust framework for addressing
issues related to negotiable instruments,
ensuring the reliability of financial
transactions. It emphasizes the importance of
honoring commitments, instilling confidence
in the use of negotiable instruments in
commercial transactions. My study
illuminated the Act's role in promoting
financial integrity and swift resolution of
disputes.
th
2 Worked in the furtherance 15 January Prepared case notes and organized case files
of the matter of Iqbal Baig for the court hearing of the matter.
v Mohd Iliyas
3 Court visit 16th January
4 Worked in the matter of 17th January Delved into the intricacies of Criminal Writ
Shubhankar S/o Ashutosh Petitions Meena w/o Shashikant Gole vs.
Daga v State of The State of Maharashtra & another.
Maharashtra Focused on unraveling the issues surrounding
dishonored cheques and the subsequent legal
proceedings. Methodically researched key
legal sections, such as S.143A of the
Negotiable Instruments Act and S.421 under
CRPC. Crafted charts, case briefs, and
analytical insights to navigate the
complexities. Meticulously examined the
rejection of consolidation applications and the
nuanced decision on interim compensation.
Every effort directed towards unraveling the
legal intricacies and presenting a compelling
case for a just resolution.
5 Court visit 18th January
6 Court visit 19th January
7 Drafted synopsis and index 20th January Drafted synopsis for the cases given and
of cases and Virtual hearing assisted in Virtual Hearing of matters .
Internship Diary
BITS Law School

WEEK FOUR

S. No Description of work done Date assigned & Observations and learnings


date submitted
1 case briefs, Dates and 21st January I was given the task to prepare the case files
events of the given case for the hearing that was to take place in this
files week and research more on the given
arguments .
2 Court visit 22nd January
3 Research work on cross- 23rd January Today's focus was on in-depth research into
examination cross-examination, unraveling the intricacies
within the ambit of The Indian Evidence Act,
1872. Section 137 defines cross-examination
as vital for assessing witness accuracy and
credibility. Legal provisions in Sections 132,
146-148, and related CPC orders extensively
guide the questioning process. The
significance of leading questions during
cross-examination, as stipulated in Section
142, emerged prominently.
Shifting gears, I explored the nuances of
cross-examination in infrastructure
arbitration. This involved scrutinizing
affidavits for discrepancies, inconsistencies,
and the source of information. Questions
aimed at discrediting witnesses delved into
their knowledge, objections raised, and
claimed expenses.
In conclusion, today's research provided
comprehensive insights into the strategic use
of cross-examination, underscoring its
essential role in revealing truth and
establishing facts. The exploration extended
beyond traditional legal proceedings,
shedding light on its application in specialized
contexts like arbitration.
4 Court visit 24th January
5 Court visit 25th January
6 I contributed to the case of 27th January - I worked on drafting a petition seeking the
th
Kushal Nagle v State of 29 January quashing of a chargesheet before the Judicial
Maharashtra by reviewing Magistrate. The chargesheet pertains to
five case files and focusing alleged offenses under IPC sections 354
on the examination of (assault or criminal force to a woman with
statements provided by intent to outrage her modesty), 354(A)
Internship Diary
BITS Law School

accused individuals and (sexual harassment), 323 (voluntarily


witnesses. My role involved causing hurt), 504 (intentional insult with
analyzing the FIR intent to provoke breach of peace), 506
chargesheet associated with (criminal intimidation), and 34 (common
the case, seeking to identify intention). The applicants claim that they are
key details and nuances falsely implicated in the case, citing a strained
within the legal documents. property dispute with the complainant. The
Then I was told to make accusations include an assault on the
comparative charts between complainant following her brother's demise.
the FIRs. The applicants assert that the charges against
them are baseless and tantamount to
harassment. Supporting their position, they
provide the deceased's will, which excludes
the complainant from property rights, and cite
a history of false complaints filed by the
complainant. The draft emphasizes
inconsistencies and discrepancies in the
chargesheet and underscores the strained
relations between the parties.
7 Drafted a compromise 30th January -31st Dedicated my time to drafting a crucial legal
settlement application January document – the application under Order
and worked on an accident XXIII Rule 3 of the Code of Civil Procedure
case. for Compromise, filed in the Special Civil
Suit at the Hon'ble Civil Judge Senior
Division at Aurangabad. The intricacies of the
case involving the plaintiff and the
respondents were carefully considered,
navigating through the nuanced details of
property ownership and possession disputes.
The application seeks a decree based on the
agreed terms of settlement, marking a pivotal
step towards resolving the legal complexities
surrounding land disputes.

Worked on the accident case -


The applicant, involved in a motor accident in
1996, seeks compensation under the Motor
Vehicles Act. The accident, involving a high-
speed and negligent jeep, resulted in severe
injuries to the applicant's right hand, causing a
permanent disability and a 51% loss of
functional capacity. The applicant, along with
family members, incurred significant medical
expenses for treatments at various hospitals in
The respondent, denying liability, has
submitted counter-affidavits. The case
Internship Diary
BITS Law School

involved a complex evaluation of medical,


financial, and legal aspects under the Motor
Vehicles Act, and the applicant seeks fair
compensation for the losses incurred due to
the accident. I delved into a challenging
motor accident compensation case. Focused
on researching case laws under Sections
140, 163, 166, 173, 174, and 175 of the
Motor Vehicles Act. Analyzed extensive
documentation, from medical reports to
affidavits. Explored precedents to strengthen
the client's claim and navigated through the
complexities of tribunal rejections and High
Court appeals. The day was spent
synthesizing information to build a robust
legal strategy, ensuring justice for our client
seeking compensation for medical expenses,
loss of income, and mental distress.

COURT VISITS

S. No. Case details Court & Date of Observations and learnings


visit
1. Actively participated in the In the High court My inaugural day as an intern at the Bombay
proceedings of Criminal of Bombay High Court Aurangabad Bench was a
Writ . The case centers on (Aurangabad profound immersion into the legal arena. The
dishonored cheques and bench) 11th courtroom ambiance, with its palpable legal
subsequent legal actions, January fervor, exposed me to the intricacies of legal
with the petitioner seeking proceedings, unveiling the meticulous art of
relief from a sequence of case presentation and the importance of
setbacks in lower courts. professional conduct. Witnessing diverse
Analyzed documents, cases unfold underscored the real-world
responses, and rejoinders, application of legal principles, expanding my
navigating the complexities understanding of civil and criminal law.
of the case. The legal Engaging with legal professionals, I gleaned
landscape proved dynamic, insights into the practical dynamics of the
emphasizing the need for legal system. This initial experience
meticulous understanding emphasized the significance of preparation,
and strategic planning in respect for procedures, and a relentless pursuit
pursuit of justice. of knowledge in shaping a meaningful legal
journey.
During my initial day as an intern at the
Bombay High Court Aurangabad Bench, I was
entrusted with the crucial responsibility of
Internship Diary
BITS Law School

managing case files and overseeing the


display board. This involved systematically
organizing case documents, ensuring their
accessibility, and monitoring the display board
to ascertain which advocate was required in
which court for a specific matter and at what
time. Effectively communicating this
information to the team allowed for
streamlined coordination and optimized
efficiency in navigating the complex legal
proceedings throughout the day. This task not
only honed my organizational skills but also
underscored the integral role of case
management in the seamless functioning of
the legal process.
2. Claiming of rights as a In District and In the intricate realm of insurance disputes, I
legal heir as nominee of sessions court at delved into a compelling case involving legal
insurance policy Aurangabad heirs vying for insurance claims after their
th
12 January father's demise without a will. The pivotal
challenge centered on determining whether
the nominee possessed exclusive rights or if
other legal heirs were entitled to a share.
Navigating the intricacies of succession laws
and insurance regulations, the case demanded
a nuanced understanding of both legal and
financial frameworks. The absence of a will
heightened the complexity, emphasizing the
need to scrutinize nominee rights against
broader inheritance principles. This
experience not only underscored the vital
intersection of insurance and succession laws
but also highlighted the significance of
addressing such intricacies to ensure a fair and
equitable resolution for all parties involved.
3. In the matter of M/S In the High court In matters like court proceedings related to
Ambarwadikar and of Bombay contract frustration and illegal tender
company v State of (Aurangabad appointments, one can observe and learn
th
Maharashtra. bench) 16 several crucial aspects of the legal process.
Participated in court January During the court proceedings, I keenly
proceedings for a case observed the high-profile nature of the case,
involving contract with numerous respondents, including
frustration and illegal government officials, and a formidable array
tender appointment. of seven advocates arguing against us. The
Utilized legal provisions, atmosphere was charged with the complexity
including Section 32, of legal intricacies. However, an unexpected
Section 56 of the Indian twist emerged as the court, grappling with
Internship Diary
BITS Law School

Contract Act, and Section doubts over jurisdiction, decided to postpone


37(2) of the Specific Relief the proceedings. This delay added an
Act. unforeseen layer to the case, underscoring the
significance of jurisdictional clarity in legal
matters and emphasizing the need for
meticulous preparation in complex, multi-
party disputes.
5. Pro-bono cases In the High court In my observations of pro bono case
of Bombay proceedings, I witnessed a remarkable fusion
(Aurangabad of legal advocacy propelled by a deep-seated
bench)18th sense of social responsibility. These
January proceedings frequently involve individuals or
groups lacking the financial means for legal
representation. As an observer, I saw lawyers
generously devoting their time and expertise
to address pressing societal issues and provide
access to justice. Pro bono cases unveil the
compassionate facet of legal practice, where
professionals actively contribute to the
community. These experiences underscore the
significance of equal justice for all and
showcase the tangible impact of legal
assistance in mitigating social inequalities.
Observing pro bono cases has been a poignant
reminder of the pivotal role the legal
profession plays in championing fairness and
supporting those in need.
6. Bail application case, it In the High court As a law intern observing a bail application
was a case of murder and of Bombay case involving murder, the experience left a
accused killed the person (Aurangabad profound impact on me. Witnessing the
assaulting his wife bench)19th emotional intensity of the courtroom, coupled
January with the intricate legal arguments surrounding
self-defense, heightened my awareness of the
human complexities within legal proceedings.
The case underscored the delicate balance the
justice system must strike, considering both
the gravity of the alleged crime and the
nuances of domestic violence. It served as a
poignant reminder of the broader societal
implications of legal decisions. This
experience deepened my understanding of the
profound responsibility that legal practitioners
bear in navigating the intricate intersections of
law and human emotion.
nd
7. Cross examination of the 22 January I attended the cross-examination of the
manager a case In District and manager in the aforementioned case, where he
Internship Diary
BITS Law School

sessions court at was rigorously questioned about the insurance


Aurangabad policies relevant to the claim. The proceedings
delved into the intricacies of the accident,
medical expenses, and the subsequent
financial losses suffered by the applicant. The
cross-examination aimed to scrutinize the
veracity of the claims and uncover any
inconsistencies. The manager's responses were
pivotal in establishing the liability and
assessing the extent of compensation owed.
This firsthand exposure provided valuable
insights into the meticulous process of
presenting and challenging evidence in a
motor accident claim, highlighting the
importance of clarity and accuracy in legal
proceedings.
It marked a significant moment in my legal
internship as I observed my first cross-
examination in court. The atmosphere was
serious and filled with the complexities of
legal arguments. Watching the legal teams
skillfully question the witness gave me a
practical insight into how trials work. I saw
the importance of strategic questioning,
careful selection of questions, and the skill of
extracting relevant information. This
experience has sparked my curiosity and
deepened my interest in understanding the
nuances of courtroom proceedings.
8. M/S Ambarwadikar and In the High court Subsequently, another hearing was conducted
company v State of of Bombay in Ambarwadikar matter, lasting for an
Maharashtra. (Aurangabad extensive three hours. During this session, a
And bench)24th noteworthy shift occurred as it became
Iqbal Baig v Mohd Iliyas January evident that the court was inclined favorably
(claiming perpetual towards our stance. The legal arguments
injunction) presented seemed to resonate, and the overall
atmosphere hinted at a positive turn. To
further enhance the anticipation, the court
issued a reserved order. This development
marked a crucial phase in the proceedings,
suggesting a potential alignment of the court's
perspective with our legal position. The
ongoing twists in the case underscored the
dynamic nature of legal battles and the
importance of adaptability in response to
evolving circumstances.
Internship Diary
BITS Law School

In the other case the plaintiff's claims,


intricate and backed by legal complexities,
involve issues of possession, agreements, and
compliance disputes. My role included
researching relevant legal provisions like
Section 96 of the Civil Procedure Code,
Section 16 (c) of the Specific Relief Act,
Section 55 of the Indian Contract Act, and
Section 10 of the Specific Relief Act.
Additionally, considerations for a perpetual
injunction and the applicability of Section 14
of the Limitation Act added layers to my
research. Notably, during the proceedings, the
judges issued one standing order and reserved
another, highlighting the ongoing legal
intricacies and the importance of strategic
case management.
9 Financial dispute: In the High court The protracted nature of this case prompted
Respondent claims a loan, of Bombay the court to recommend a settlement. It was a
cheques bounced. (Aurangabad revealing experience, highlighting the
th
Notarized agreement cited. bench)24 practical understanding of judges who seek
Legal proceedings follow, January alternatives outside the courtroom to expedite
petitioner challenges matters and prevent unnecessary delays in the
orders, seeks relief via delivery of justice. This instance underscored
Criminal Writ Petition. the court's pragmatic approach, emphasizing
the importance of amicable resolutions over
protracted legal battles, ultimately
contributing to efficiency and the timely
dispensation of justice.

Signature & Stamp


Rameshwar Totala, Advocate
RT Legal Advocates and Consultants

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