INTERNSHIP DIARY

MOOT COURT, MOCK TRIAL AND CASE DIARY

GURU NANAK DEV UNIVERSITY

UNDER THE ABLE GUIDANCE OF SUBMITTED BY -

MR.ASHU CHAUDHARY NAME: CHAMAN LAL
(ADVOCATE) CLASS : LLB (TYC)
ROLL NO: 10622141804
SEMESTER: VI

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 TABLE OF CONTENS

S.NO. PARTICULARS PAGE NO.

I. TITLE PAGE/COVER PAGE 1

II. TABLE OF CONTENTS 2

III. DECLARATION 3

IV. ACKNOWLEDGEMENT 4

V. PHOTOCOPY OF INTERNSHIP 5
CERTIFICATE
VI. INTRODUCTION 6-10

VII. INTERNSHIP DIARY CONTENTS 11-25

VIII. LEGAL DOCUMENTS DRAFTED 26-32

IX. CONCLUSION 33

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 DECLARATION

This is to certify that the project report on Internship

programme which is submitted by Chaman Lal in partial
fulfillment of the requirement for the degree of LL.B. to St.
Soldier Law College, 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: Chaman Lal

St. Soldier Law College

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 ACKNOWLEDGMENT

It is my proud privilege to express my sincere gratitude to Mr.

Ashu Chaudhary (Advocate) under whose shadow and
guidance I have successfully completed my internship. I have
gained a lot from the experience of Mr. Ashu Chaudhary of
standing at Bar which has helped me in gaining insight into
the working of judicial system of our country.

I am also thankful to the entire law faculty for inspiring

guidance, supervision, expert suggestion & encouragement
which helped me to understand the application of law taught
in the actual practice of law in and outside court.

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 INTRODUCTION

This report examines the internship program with Advocate Mr.Ashu

Chaudhary. I have completed my internship under Advocate Mr.Ashu
Chaudhary in the month of Dec-Jan 2023-24 and it was a great learning
experience for me. The internship gave me the opportunity to look inside the
judicial system and its working. I dealt with people directly and looked into
their problems under the able guidance of Mr.Ashu Chaudhary
(ADVOCATE). I visited different Courts in regard to different matters fixed in
courts in daily routine where I got an opportunity to observe their working. It
was a valuable insight into the actual working of courts and lawyers.

Not all legal acts happen in courts, a lot of legal mind is applied behind the
canvas of court, inside a lawyer’s chamber. A great deal about planning,
counseling, legal drafting, brainstorming, and record maintenance is taken up by
a lawyer to make a good case. In the company of Mr.Ashu Chaudhary. I was
able to get insight of nitty gritties involved in preparing a case. With his
permission, I was able to observe the manner in which client counseling is done.
Besides this I was able to learn about carrying out legal research, study of case
files of running cases, and preparing of draft documents of real cases in hand.

It was a rich experience of working of courts and our judicial system and the
role of a lawyer in the delivery of justice.

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PART A – Factual and Analytical Information about the internship

I started interning with the Advocate from 12 Dec 2023. His chamber is located at Amritsar
District Court. From the very first day, I was given an insight into how things work in
practical sphere. I was advised to take note of everything that happens in a court room. On the
very first day, I was taught the traits of a good advocate. Time management, quick effort with
well thought action, meeting with the deadlines; these were the few things that I had to take
note of.
My internship began with a brief note on the procedural difference between Criminal and
Civil Matters. The criminal procedure is provided in the CrPC and the civil procedure is in
CPC.

The Code of Criminal Procedure (CrPC ) is the main legislation on procedure for
administration of substantive criminal law in India .It was enacted in 1973 and came into
force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension
of suspected criminals, collection of evidence, determination of guilt or innocence of the
accused person and the determination of punishment of the guilty. Additionally, it also deals
with public nuisance, prevention of offences and maintenance of wife, child and parents.

The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil
proceedings in India.

The Code is divided into two parts: the first part contains 158 sections and the second part
contains the First Schedule, which has 51 Orders and Rules. The sections provide provisions
related to general principles of jurisdiction whereas the Orders and Rules prescribe
procedures and method that govern civil proceedings in India.
During the 30 days of my internship, the things I learned during my internship can be
enumerated as:

1. FILING OF A VAKALATNAMA

Vakalatnama, also called Vakilpatra (VP), is a document, by which, the party filing the case
authorizes the Advocate to represent on their behalf. A vakalatnama gives a lot of authority to
the pleader. It should be executed by the client with great care and scrutiny. Order III of the
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Civil Procedure Code, 1908 provides under rule 4(1) that “No pleader Shall act for any

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person in any Court unless he has been appointed for the purpose by such person by a
document in writing signed by such person or by his recognized agent or by some other
person duly authorized by or under a power-of-attorney to make such appointment”. On the
general terms, a Vakalatnama contains:

● The date on which it is executed.

● The name of case/cases for which the pleader(s) has been appointed
● The name of the court / courts for which the pleader has been appointed
● The name of the party appointing the Advocate and the parties authority to appoint
(Eg: Power of Attorney Holder or Recognized Agent)
● If not executed by the party in person, then the document supporting the appointment
● The name of the lawyer / pleader / advocate(s) so appointed
● The address of the pleader, for service of documents
● The case title / number to identify the case for which the appointment has been made
● The powers / decision making authority given to the advocate. This may limit the
advocate only to obtain certified copies, or
● Signature of the party or parties (with the name of the party or parties next to it)
● Signature of the pleader(s) or lawyer(s) accepting the vakalatnama

2. FILING OF COURT FEES

I was asked to go to the court fees counter with a senior, and file the required documents with
the appropriate court fees. This step educated me about the procedure and its nitty gritty
details.

3. FILING A BAIL BOND

I was also taught how to file a bail bond for a criminal case under Section 138 of Negotiable
Instrument Act.

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4. OBSERVING CLIENT DEALINGS AND DRAFTING

I observed various client dealings and one of them was settling of terms of Divorce by mutual
consent under Section 13B of Hindu Marriage Act, 1955. I also assisted the advocate in
drafting of various plaints and written statements under Negotiable Instruments Act,
Consumer Protection Act, Hindu Marriage Act, Domestic Violence Act and Hindu Guardian
and Wards Act.

5. FRAMING OF ISSUES

Issues are framed by the court, on the basis of which arguments and examination of witness
takes place. They are framed, keeping in view the disputes in the suit, and the parties are not
allowed to go outside the purview of "Issues". Issues may be of Fact or of Law. While
passing final order, the court will deal with each issue separately, and pass judgment on each
issue. Before I joined the internship, the cases with my advocate had either already started or
were on their initial stage. So I could not actually witness how framing of issues is done.

6. MAINTAINING LIST OF DEFENCE WITNESSES

Defence witness notices. It requires the accused in a criminal case to give the prosecutor and
the court a notice indicating whether he or she intends to call any witnesses at trial and giving
details of those.
7. GETTING UNCERTIFIED COPIES OF CROSS-EXAMINATION

Certified copy of order, mean, the final order of court, and having the seal and stamp of court.

Certified copy of order are useful, in case of execution of the order, or in case of Appeal.

Certified copy can be applied by making an application to the Registry of concerned Court,
along with nominal fees for the order.

In case of "urgent requirement some additional amount has to be deposited.

"Urgent order" can be obtained within a week, and the normal might take 15 days.

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8. OBSERVING EXAMINATION-IN-CHIEF

I was allowed to assist the Advocate in the Examination-in-chief of the witness. I observed
how the questions are to be put in such examinations and the restrictions on such question. It
is done to question own witness. The questions are of the nature that would require
descriptive answers and allow the witness to explain his story. No leading questions are
allowed to be put to the witness. The questions are in the form of who, what, when where,
why, how, describe, explain, tell etc.

9. ASSISTING IN CROSS EXAMINATION

The objective of the cross examination is to test the veracity of the witness of prosecution.

10. OBSERVING FINAL ARGUMENTS

I witnessed the final arguments of case under Section 375 read with 376 of the Indian Penal
Code. The case related to false allegations upon the client of the advocate by the girl for the
sexual intercourse on the promise of marriage. The accused was acquitted by the Hon’ble
Court of Session. A number of precedents were placed before the judge and a chain of facts
was established to crystallize the attempt made by the alleged victim to malign the reputation
of the accused.

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DATE : 12 Dec, 2023

As it was the first day of my internship, I was made to sit with Sir in his office and see how
he works. Today he had no proceedings in court. He was working on Arbitration and was
preparing his arguments.

Few new things, which I was introduced to that day, while observing the draft were;
● LOA-letter of award/acceptance
● LOI-letter of investigation
● RFP-request for proposal
● ROW-right of way

During the observation we were asked to notice all the mistakes made by sir and they were to
be corrected later. This way he made sure that I’m actually paying attention towards how a
arguments are drafted.

DATE :13 Dec, 2023

Place – Amritsar District Court

Due to confidentiality reasons names of the matter have been changed.

STAGE OF THE CASE: Filing of Vakalatnama
DETAILS OF THE CASE:
The suit was for possession of a house by way of specific performance and for the permanent
injunction. Initially the case was with the other lawyer, representing the Defendant side. He
had already filed the written statement. The case was fixed for replication by the Plaintiff.
Meanwhile the case came to my lawyer. On 13 Dec, 2023 my lawyer filed Vakalatnama
in the honorable court. On the next date, my lawyer would be filing interim stay
application.

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PROCEEDINGS IN THE COURT:

Upon the calling of the name of the case, on the date fixed, we went inside the court. The
defendant was also present along with us. My lawyer explained to the Judge that due to some
reason the earlier lawyer left the case and he was now the new counsel for the defendant.
Vakalatnama was presented and accepted by the Judge. The reader adjusted it in the case’s
file. The counsel for the plaintiff was present along with the plaintiff himself. He filed the
replication statement. Replication is a reply, filed by the plaintiff against the written
statement of defendant. The judge read it a little and asked the reader to attach it in the file.
Pleading were completed on that day. Next date was fixed for presentation of other important
documents on which parties rely and to substantiate their claims.

My opinion and observation in this case is as follows:

● It is little cumbersome for the lawyer to handle the case from in between. The task of
lawyer multiplies as he has to understand the case from the beginning.
● The court proceedings were taken in very calm manner. The judge didn’t speak much
and accepted the Vakalatnama and replication statement.
● The proceedings took time of just 5 minutes.

Rest of the day I spent in the office reading the files and understanding the way law is
applied practically. My Advocate made me familiar with few procedural aspects of Code of
Criminal Procedure and Civil Procedure Code. I had observed the clients coming in the
chamber and the way my Advocate and his associate dealt with them.

DATE: 14 Dec, 2023

Place – Family Court, Amritsar District Court

In the case of Sahil Suri vs. Shriya Chawla , the matter was listed in the Family Court of
Amritsar District Court situated in Amritsar.

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It was a divorce case before the Principal Judge, R.P. Pandey.

Brief facts of the case are-

o Sahil Suri and Shriya Chawla were married each other.

o They were living in East Amritsar but shortly after the marriage, Shriya saw that her
husband was always trying to avoid her.
o Her husband deliberately tried to create misunderstandings so that Shriya leaves him.

o The husband as we got to know was having an extra marital affair and therefore, he
always tried to fight with his wife on petty issues.

o Even the in-laws did not support her. But Shriya was adamant on staying with her
matrimonial family and she did not leave her house.

o Eventually when it became unbearable for her, she went to her parent’s house. And
therefore, the divorce petition was filed by her husband.

I went to the Family Court along with other intern and we observed the proceeding. On that
day, written arguments were filed by our sir. And a further date was given to us.

DATE: 15 Dec, 2023

Place - Lawyer’s Chamber,Amritsar District Court

I was given a case file to study and it was Chetan Kakkar vs. Vibhu Kakkar and brief facts
of this case are-

● Both the parties were married to each other and they had a son out of their wedlock.

● The wife after sometime started asking for a separate house from the husband. She did
not like to stay with her in-laws. She used to even ask for expensive gifts which the
husband could not afford but eventually under pressure and because he loved his wife,
he gave in to her demands.

● After their son came into this world, the husband thought things might now change
and maybe she will stop asking for a separate house. But again, the same did not
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 happen as she was adamant on her decision to get a separate house.

● When the husband did not fulfil her wish, she started torturing the husband. She left
the matrimonial house with their son and told him that she would only come back if
he gets a separate house.

● The husband cannot leave his parents alone in their old age and therefore, he did not
agree to her and filed a divorce case along with the custody of their son.

The matter was listed in Amritsar District Court and a fresh petition was filed for divorce and
the custody of the child. A notice was also issued to the wife/respondent.

DATE: 16 Dec , 2023

Place - Mediation Centre, Amritsar

In the case of Malkit Singh vs. State, I was accompanied by the Advocate sir to the Mediation
Centre of Amritsar District Court which is also known as Samadhan.

A Mediator of Mediation and Conciliation Centre can be as described under the Mediation and
Conciliation Rules, 2004.

Appointment of mediator/conciliator (Rule 2)

(a) Parties to a suit or other proceeding may agree on the name of the sole
mediator/conciliator for mediating between them.

(b) Where, there are two or more sets of parties and are unable to agree on a sole
mediator/conciliator, the Court may ask each party to nominate the mediator/conciliator or
may nominate/appoint the mediator/conciliator, as it deems fit.

(c) Where parties agree on a sole mediator/conciliator under clause (a) or where the
mediator/conciliator is nominated/appointed by the court under clause (b), the
mediator/conciliator need not necessarily be from the panel of mediators/conciliators referred
to in Rule 3 nor bear the qualifications referred to in Rule 4 but should not be a person who
suffers from the disqualifications referred to in Rule 5.

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Panel of mediators/conciliators (Rule 3)
(a) The High Court shall, for the purpose of appointing the mediator/conciliator between the
parties in suits or proceedings, prepare a panel of the mediators/conciliators and put the same
on the Notice Board within thirty days of coming into force of these Rules, with copy to the
High Court Bar Association.

(b) (i) The District & Sessions Judge shall, for the purpose of appointing the
mediator/conciliator to mediate between the parties in the suits or proceedings prepare a
panel of the mediators/conciliators within a period of thirty days of the commencement of
these rules and shall submit the same to the High Court for approval. On approval of the said
panel by the High Court, with or without modification, which shall be done within thirty days
of the submission of the panel by the District & Sessions Judge, the same shall be put on the
Notice Board.
(ii) Copies of the said panel referred in clause (i) shall be forwarded to all the Subordinate
Courts by the District & Sessions Judge and to the District Bar Associations.

(c) The consent of the persons whose names are included in the panel shall be obtained before
empanelling them.
(d) The panel shall contain Annexure giving details of the qualifications of the
mediators/conciliators and their professional or technical experience in different fields.
(e) The panel of mediators/conciliators appointed under Clause (a) and clause (b) (i) shall
normally be for a period of three years from the date of appointment and further extension of
the panel of mediators/conciliators or any mediator/conciliator shall be at the discretion of the
High Court or the District & Sessions Judge with the prior approval of the High Court, as the
case may be.

This was a case of Cheating under section 428 of Indian Penal Code.

Both the parties agreed to settle the matter in Mediation Centre through the Mediator, Anjali
Vohra. But in the place of the victim, his son was present as the victim was outside India.

Due to the absence of letter of the authority, the matter could not get sorted. And therefore, a
further date i.e. July was assigned to reach settlement.

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DATE: 19 Dec, 2023
Place – Amritsar District Court

In the case of State vs. Vasudev Bhatia, the matter was listed for arguments as per the
section 245(2) of Code of Criminal Procedure for the discharge of the one amongst the
accused.
But the prosecution sought time for producing certain documents which were said to be
locked and sealed in a trunk and that was done without any explanation or any reason for
taking such step and locking/sealing those documents.

An application for the cancellation of non bailable warrant was given in the court.

DATE: 20 Dec, 2023

Place- Family Court, Amritsar
Before the Principle Judge Sudhir Kumar Jain.
In the case of Shikha Saini vs. Gurinder Singh and the brief facts are-
● Parties are married to each other and it’s been around 19-20 years for their marriage.
And the matrimonial home is in Sector 15, Chandigarh.

● They have two sons out of their wedlock.

● The wife i.e. Shikha Saini was treated badly by the in laws and the husband. She was
tortured badly by the husband and even her sister-in-laws.

● After so much ill treatment, she came back to her parent’s house which is in
Amritsar. And it’s been 11 years that she is asking for maintenance from her
husband. The parties are living separately and are not divorced. Both the sons are
living with their father. Custody is with the respondent.

● As per the information given, the respondent is a Homeopathic Doctor and has a
bungalow in Sector 15, Chandigarh. She wants maintenance from her husband but he
is not willing to maintain her.

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 After such a long period of 11 years, the respondent agreed and both of them have shown
their willingness to settle down the things.
Therefore, the Principal Judge gave a further date for the settling of the case i.e. of
Dec.

DATE: 21 Dec, 2023

Place - Lawyer’s Chamber, Amritsar District Court
In the case of SBI vs. Sayeed Ahmed Siddiqui and the brief facts of this case are-
● The respondent is a retired judge. He was a judge in the city Taran Taran of
Punjab.

● One day, he went to take out some cash from the ATM of State Bank of India.
There were two machines in the room and when he tried to take some cash out,
the machine dint respond and he pressed the cancel button. And after that, he went
to the other machine.

● He took out Rs.2500 from his account and left the premise. There was only a
person outside the premise as told by the respondent in this case as he saw.

● The moment he left the ATM and came out, a message popped up on his mobile
which said that Rs.25000 were debited out from his account. He directly went to
the bank and told what all happened.

● The Bank looked into the matter and tried to sort the problem but later they did
not help him. Therefore, he filed a case.

● As he was a judge, his case came to his court only and to maintain transparency,
he asked the authorities to transfer the case to some other court as he can’t decide
his own case. So the case was transferred.

● The judgement was delivered in favour of the respondent as there the CCTV
cameras were inoperative and when the machine itself was not working properly
then why the machine was kept there.

● But the bank was aggrieved by the decision and it filed against the decision given
by the District Court.
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Finally, the matter is listed in the National Consumer Dispute Redressal Commission
(NCDRC) before Hon’ble Justice Ajit Bharihoke.
We filed the written submission on the behalf of the respondent and a next date was given for
further hearing the matter.

Date : 22 Dec, 2023

Place – Amritsar District Court
In Amritsar court, a matter was listed for framing of charges in a criminal case, primarily
involving Ss. 420 IPC (cheating) and 120B (criminal breach of trust). The police had filed
charge-sheet implicating the accused of the crime and so had kept him in column 11 of
charge- sheet. No charges were framed against the father of accused, alleged to be co-accused
in this case by complainant, so his name was kept in column 12 of the charge-sheet.

Arguments were held on behalf of accused to get both of them discharged, however, the court
discharged only father of accused considering that police does not find his involvement in its
investigation and complainant could not put forth any credible proof of his involvement. At
the time of framing of charges victim/ complainant was also summoned. The matter of
framing of charges was being held for last three hearings. The court got prima facie satisfied
with the allegations and framed charges as under-

1. Whether crime of cheating under section 420 IPC is proved against accused beyond
reasonable doubt?

2. Whether crime of criminal breach of trust under section 120B IPC is proved against
accused beyond reasonable doubt?

DATE :1 Jan, 2024

Place- The Family Court of Amritsar,

In a Civil case I attended a date with my guide who was representing the petitioner.
The counsel of respondent was to do the cross-examination of our witness. The
Respondent’s counsel sought next date for doing cross-examination at which

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 Magistrate got irked and warned him that cost will be imposed for delaying the case.
At this respondent’s counsel started cross-examination.

It was surprising to note that the cross-examination was carried out by lawyers and
typist was noting down the observations, as guided by lawyers of both sides, whereas
the Magistrate was busy with other case. This was may be due to excessive pendency
in courts but the purpose of carrying out cross-examination gets defeated as
Magistrate could not have observed the demeanor and conduct of witness for effective
delivery of justice.

DATE: 2-3 Jan, 2024

Place- Tarn Taran Court

Today I went with the associate Ms. Jyoti to the Tarn Taran court for the following matter.
STAGE OF THE CASE: Cross Examination not happened due to absence of defendant

DETAILS OF THE CASE:

This was maintenance suit under Section 125, The Code of Criminal Procedure, 1873 by wife
against her husband. As the maintenance case was pending another application for interim
maintenance was filed. Husband had acted with cruelty from last three years. He had also
thrown her out of the matrimonial house thrice. But after compromises wife was
rehabilitated. Later, husband stopped giving maintenance to the wife and children. Rs 10,000
was claimed on behalf of wife plus school fees and basic maintenance charges for the
children as maintenance. As the proceedings were taking time another interim application
was made due to urgent need as wife was facing financial difficulties.

PROCEEDINGS IN THE COURT:

The date was fixed for the cross examination of the husband. His statement was supposed to
be recorded but before lunch time my lawyer was busy and couldn’t attend the proceedings.
The court gave time after lunch for the cross examination. Meanwhile the accused waited in
the court for some time. After lunch when my lawyer went for the examination the counsel of
the accused gave medical certificate on the behalf of accused. The accused had already left.
Next date of hearing was after one and half month from the present date.

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My opinion and observation in this case is as follows:
● The proceedings get delayed as the procedures are must to follow in the interest of
justice and equity which leads to giving long next dates. In the present case, the
counsel for the defendant gave medical certificate on behalf of the defendant. The
court had the only option to go by procedure and to accept the medical as a fair reason
of defendant’s absence was present. This led to non-happening of the cross
examination and date was fixed for one and half month.
● The delay in proceeding is sometimes also caused due to the fault of counsel himself
as he is not able to appear some of the times due to busy schedule.
● The witness or the parties many a times intentionally skip the proceedings by
remaining absent in order to delay the proceeding as cause loss to the other party who
in turn suffers the agony of delayed trials.
● The judge has burden of multiple cases at a time due to which fixing of near dates is
not possible.

DATE: 4 Jan , 2024

Place - Lawyer’s Chamber, Amritsar Court

A general discussion was done with the advocate to learn how a case is planned and
initiated. I was made to understand that the basis of giving directions to a case starts
from the beginning itself at the time of filing of petition or written submission. All the
possibilities regarding remedies available or the flaws in petition, as the case may be,
should remain on the tips of a lawyer, which of course depends on the experience. A
lawyer should have an open mind and remain alert with the developments in the
surroundings. There are several different types of cases which are related to different
special knowledge like medico-legal cases, so a lawyer should have a basic
understanding of each and every special field.
In the end I was also made to understand that while dealing with your client one
should not forget that the legal profession should not be treated “only” as a “source of
livelihood”, rather at the same time, one should not forget his duty towards society,
which obligation, in the capacity of an advocate, increases when, the litigant belongs
to needy and lower strata of the society and further, is sometimes even illiterate.

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DATE:5 Jan, 2024

Place- Amritsar District Court

With the permission of advocate, observed the techniques and procedures of client
handling. With past observations it had been gathered that it is necessary to sync with
the mental condition of a client. A case came in which client was got arrested by a
complainant, which according to client was based on false and frivolous complaint.
The client was very infuriated and wanted to inflict injury on other party by taking
legal recourse. The advocate listened to him patiently without confronting him that
any legal recourse for inflicting injury is not a viable option. After patient hearing the
advocate provided the client proper counseling wherein first all the legal options
available were told. Then the pros and cons of each option was told and relative
chances of success in each option were discussed. Then slowly and steadily client was
calmed down and made to think that what in actual he wanted and how much
resources he has to fight a continuous legal battle. It was thrilling to see that how
much vast social responsibility lies with a lawyer and how he can make to alter the
thinking of a disturbed client for the betterment of that individual and society in
general.

DATE : 6 Jan, 2024

Place –Amritsar District Court

Attended the case in Amritsar District court for getting the experience of cross-
examination of a witness in a civil case. It was learnt here that CPC had been
amended consequent to which examination in chief was to be compulsorily made on
affidavit and a copy to be supplied to opposite party vide Order XVIII Rule 4 of CPC.
The respondent’s counsel, before starting cross-examination, raised the objection that
the aggrieved party has not brought original documents to substantiate their
allegations and also they have not submitted the certificate as per Section 65B of
Indian Evidence Act. On these grounds

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 respondent’s counsel said that without these basic documents cross-examination
cannot be held as there was nothing with the petitioner to substantiate their
allegations. The court accepted the arguments and gave next date for cross-
examination.

However, next the counsel for petitioner requested the court to appoint the Local
Commissioner for the cross-examination under Order XXVI of CPC for expediting
the finalizing of case. At this the respondent’s counsel objected that as there is no
inordinate delay so the court should not allow such extra-ordinary process for delivery
of justice. Anyhow the delay, if any, is on part of petitioner itself. At this court turned
down the request of petitioner.

DATE: 8 Jan. 2024

Place- District Court Amritsar

The case was listed for final arguments in case of cruelty to wife, primarily under section
498A of IPC, in District Court. Final arguments were initiated by the counsel of complainant
and then continued by the counsel of defendant. In the proceedings of arguments emphasis
was on the appreciation of the evidences which either proved (or disproved) the allegation or
pointed to the only possibility of happening (or not happening) of an event in their favor.

I was excited to hear the way arguments were extended in which each advocate tried to make
a most plausible sequence of events which favor the case of their client. Such arguments, no
doubt, required a planned drafting of original petition which formed the base of their
arguments which gets boldened by striking at the credibility of witness during cross-
examination.

DATE: 9 Jan , 2024

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Today I accompanied sir to court in the following case.
STAGE OF THE CASE: Trial: Recalling the witness under Section 311 Cr.P.C.

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DETAILS:
The case was filed against the accused under Section 419, 420, 467, 468, 471 and 120B,
Indian Penal Code. He was arrested on 3.04.2019 and was granted bail under Section 438,
Cr.P.C. on 2.05.2019. After that accused stopped turning up on the dates of hearing.
Summons were issued against witnesses by the court but they remained unserved. Every time
on the date of hearing the magistrate ordered either issuance of new summons or reiterated
the earlier order of finding out the track of the summons. This continued for 3 years.
Anyhow, later the summons got served and the witnesses appeared. Also,on one date of
hearing the accused turned up and gave an excuse that he shifted his residence and couldn’t
get the summons. This reason was also accepted by the court. Again, on later hearings the
accused stopped appearing on the dates. Then, he was declared as ‘Proclaimed Person’ and
bail was cancelled in 2016. What I learnt is that if someone is not appearing in the court on
Court Warrant, the judge can issue Non-Bailable Warrants against him under Section 70 of
Code of Criminal Procedure. This warrant will give powers to police to arrest him at any
moment and at any place. If even after Non-Bailable Warrants he doesn’t care to appear in
the court then the Judge can declare him ‘Proclaimed Offender’ under Section 82 and 83 of
Cr.P.C.

PROCEEDINGS IN THE COURT:

On the earlier date, my lawyer filed an application for recalling of the witness under Section
311 of Cr.P.C. as the cross examination of the witness was not correct. The date was fixed for
filing the reply of the application by the prosecution. But he jumped the date and anotherdate
was fixed by the court. The witnesses can be recalled only if the court allows.

My opinion and observation in this case is as follows:

● The delay by the court is very unjust and unreasonable. The court didn’t bother to take
strict notice of the summons not being served for 3 years. A period of 3 years got
wasted just because the summons didn’t get served and witness didn’t appear. As a
result the trial got unreasonably delayed. I feel really bad on witnessing such kind of
prevailing conditions in the court.
● Sometimes parties take laws very lightly which leads to delayed disposals. The
accused was declared as proclaimed offender as he didn’t bother to turn up in this
case. Such kind of negligence on the part of parties should be dealt very strictly.

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 ● A right to speedy trial is envisaged in Article 21 of the Constitution which should be
taken care of by every court of law.

DATE: 10 Jan,2024

STAGE OF THE CASE: Filing of Complaint

DETAILS:
A complaint was under Section 323, 325 and 506 Indian Penal Code by father-in-law against
his son-in-law. Section 323 relates to punishment for voluntarily causing hurt, Section 325
relates to punishment for voluntarily causing grievous hurt and Section 506 talks about
punishment for criminal intimidation. X, father-in-law, herein, the complainant alleges that
his son-in-law, S herein the accused used to beat his wife, Y and even in 2015 threw her out
of the matrimonial house. She was rehabilitated after some compromises. But condition got
worse and Y made complaint against the accused. A maintenance case is also pending before
the court regarding the same.
The complainant alleges that on 31.8.2015, on rakshabandan day when complainant was
present at his daughter’s house, the accused entered the house and had beaten the
complainant. When the accused gave blows with iron rod on the chest, the complainant was
taken to hospital.

The file made was submitted at the counter along with the process fees. The very next day
was fixed for the hearing after 2 PM.
The complainant had to appear the next day and get his statement recorded regarding the
whole incident. In the chamber I read the whole complaint and made the client i.e. the
complainant understands the complaint Para wise. A copy of complaint was given to him to
read and take along so that he can revise his statements and doesn’t fumble the next day.

My opinion and observation in this case is as follows:

● The client should be made fully aware and ready before the court’s date.
● The filing counter is separate which makes it convenient for filing the complaint.
Also, the complaint is sent without any day i.e. the very next day after 2 PM.
Good client dealing is very essential.

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Place – Lawyer’s Chamber, Amritsar

In the last, my guide made me to learn one of the most basic job a lawyer has to do in initial
days. It was to obtain the attested copies of case documents submitted in court. To obtain the
copies a form, separate for civil cases and separate for criminal cases, needs to be filled and
get affixed a court fees stamp on it. For a running case, this form has to be got signed by the
concerned presiding officer of the court and then to be submitted in administrative office of
the court. What all documents are required has to be mentioned in the form. Based on rough
calculation of number of pages charges are taken by the office and a date is given for
collecting the documents.

On completion of my internship program, I express my gratitude to my guide, Advocate for

his guidance and support all through my internship period.

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 DRAFTING

APPLICATION ON BEHALF OF DEFENDANT(S) UNDER SECTION 151 OF THE CODE OF

CIVIL PROCEDURE, 1908 FOR RECALLING OF THE ORDER DATED 11.07.2022,
VIDE WHICH THE DEFENDANT HAS BEEN PROCEEDED EX PARTE AND,
FUTHER, SEEEKING CROSS EXAMNIATION O FTHE PLAINTIFF (PW1) AND SH.
VIJAY KUMAR (PW2), EXAMINED ON BEHALF OF THE PALNTIFF

MOST RESPESPECTFULLY SHOWETH:

1. That, the abovementioned suit was earlier going on before the Hon’ble Court, wherein the
proceedings qua indigence of the defendant were adjudicated. However, subsequently, upon
raising of the pecuniary jurisdiction matter was transferred to this Hon’ble Court.

2. That, it is most respectfully and humbly submitted that, it appears that the orders dated
12.05.2022 and 11.07.2022 have been passed by this Hon’ble Court inadvertently, since the
same are contrary to the earlier orders passed in the matter.

3. That, it is respectfully submitted that, earlier the matter was being proceeded qua indigency
of the petitioner/plaintiff, for which purpose the plaintiff got himself examined as PW1
before the Hon’ble CHANDIGARH high court and vide order dated 18.07.2023 right of the
defendant to cross examine the plaintiff was closed. It Is pertinent to mention here that vide
order dated 12.10.2021, upon having received the report of the SDM, Darbhanga, Bihar,
regarding the financial status of the petitioner/plaintiff, the matter has listed for consideration
vide order dated 12.10.2021 for 11.01.2022

4. That, however, vide order dated 11.01.2022 that matter was transferred to the lower court,
pursuant to the notification dated 24.11.2021, upon increase in the pecuniary jurisdiction of
Hon’ble CHANDIGARH High Court. It would not be out of context to mention here that on
11.06.2022 when the matter was transferred to this Hon’ble Court for 01.04.2021 none was
present on behalf of the defendant(s).

5. That, on 01.04.2022 the matter was listed by this Hon’ble Court for 12.05.2022 for personal
appearance of the plaintiff only and not for the defendant.

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6. That, it is most respectfully and humbly submitted that, in the absence of any notice that fact
of listing of the matter before this Hon’ble Court on the said dates was not within the
knowledge of the defendant and/or his counsel, who are from Patiala house Courts.

7. That, on 12.05.2022 the matter was inadvertently listed for cross examination of PW1 for
11.07.2022, when the same already stood closed vide order dated 18.07.2022.

8. That, therefore, under these circumstances, it is respectfully submitted that, there was no
occasion for his Hon’ble Court for proceeding the defendant ex parte. It is further respectfully
submitted that, even otherwise the issue of declaration of the plaintiff/petitioner by the
Hon’ble High Court was never contested seriously by the defendant, which is matter of
record, since, according to the counsel, it was matter between the Hon’ble Court and the
plaintiff, which was not likely to effect merits of the case/defense on the part of defendant.

9. That, in this scenario, it is submitted that, the defendant was under the impression that he
would be getting notice of the case, after adjudication qua declaration of the suit/petition. It is
also respectfully submitted that even otherwise the defendant was not in a position to trace
the listing of the matter before this Hon’ble Court on the said dates., he could trace the same
before this Hon’ble Court and, accordingly without inspecting the judicial file, he moved an
application dated 05.12.2022, which was listed for 13..1.2023, when upon the advice by the
Hon’ble Court, the undersigned counsel sought adornment to file appropriate application,
which is being done by way of present application, after procuring certified copies of the
order sheet on 09.20.2023

10. That, absence of the undersigned counsel on the said dates (including on 11.07.2022) was
neither intentional nor deliberate, but due to abovementioned reason.

In view of the foregoing it is most humbly and respectfully prayed that order dated 11.07.2022, vide
which the defendant has been proceeded ex-parte, may kindly be recalled and he (defendant)
may kindly be permitted to cross-examine the two witness, as mentioned above, for which
purpose copies for their evidence by way of affidavits, along with their annexures, may
further be directed to supplied. And/or any other order as may be deemed fit and proper in the
facts and circumstances of the present case may also be passed in the matter in favour of the
defendant and against the plaintiff.

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 IN THE SUPREME COURT OF INDIA
ORDER XVI RULE (1)(a)

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) NO............OF 2023

IN THE MATTER OF:

SUNNY KAKKAR

…APPELLANT

VERSUS

DIRECTRORATE OF REVENUE

…RESPONDENT

The present petition for SLP is directed against the final judgement and order dated 03.02.2023 of
the HC of Chandigarh at Chandigarh in PIL writ petition (c) no. 886/2023, which has been
dismissed on the ground that the same is based on the personal grievance of the petitioner and
that no element of PI is involve, while taking note of the fact that the petitioner has also filed
LPA No.91/2023, which was also listed that very day.
30
 It is respectfully submitted that the HC wrongly took the view that no public interest was
involved in the matter, since the petitioner as not going to be benefitted if the prayer of the
PIL was allowed and rules in respect of filling of petition by a government
agency/department, like Directorate of Revenue Intelligence in Chandigarh HC, were laid
down. In respect of services of its advance copy, so that the ordinary citizen of the country, in
terms of principle of natural justice, could represent his case at the time of its hearing and
grant of stay, if any , against the impugned order, passed in his favour by the lower court. It is
submitted that this could avoid multiplicity of litigation, and further, harassment and
humiliation to the litigant and also could save judicial time. It is pertinent to mention here
that, in order to substantiate this aspect of the matter, the petitioner had given example of his
own case, wherein, besides flouting the settled norms in this regard, DRI, without serving any
advance copy the petitioner, got the matter listed in some other means, so that the same could
not be traced at the time of its hearing and, later on, procured stay of order dated 31.08.2023
of the Trail Court, impugned by it, directing release of his (petitioner’s) vehicle.

It is further, respectfully submitted that pendency of the LPA no 91/2023 in the same cause
ought not to have been ground for dismissal of the PIL, which was altogether for different
cause and which substantiated grievances of a particular class of litigants under similar
circumstances, thereby, necessitation laying down of appropriate rule by the HC on the
administrative side

QUESTINS OF LAW

a. Whether the HC was right in dismissing the PIL on the ground that the matter involved
personal grievance of the petitioner and that no element of PI was involved, when grant of the
prayer in that PIL would not have benefitted the petitioner at that point of that time.

b. Whether, the HC was right in rejecting the PIL, when admittedly the government
agency/department, like DRI, is following the practice of not serving advance copies if the
petitions filled by it (before the HC), which amounts to defrauding the ordinary citizen, who
is taken by surprise subsequently, when in violation of principles of natural justice, in his
absence orders passed by the lower court in his favour are stayed as has been dine in the case
of present petitioner?

c. Whether the HC was right in rejecting the PIL, despite the fact than non-supply of advance
copy by the government agency/department, like DRI, to the ordinary citizen under these
31
kinds

32
 of peculiar circumstances (wherein in favourable order passed for a litigant by the trial court
in respect of his right to property), amounts to violation of principle of natural justice at the
time of hearing of such case(s) and subsequently leading to passing of stay order from the
appellate/Revisional Court qua those favorable orders of the lower court(s) ?

d. Whether the HC was right in rejecting the PIL, despite the fact that there is no provision
under Crpc, 1973 like that of CPC, 1908, wherein, after procuring such kind of ex parte stay
order, the petition along with the order to stay upon the respondent, so that the effected party
could take appropriate steps, in case stay order has been procured by
suppression/misrepresentation of any facts?

e. Whether the HC was right in rejecting the PIL on the ground of pendency of LPA
No.91/2023 under similar facts, when cause of action involved therein was altogether
different and which substantiated grievance of a particular class of litigant under similar
circumstances, thereby, necessitating laying down of appropriate rules by the HC on the
administrative side?

3. DECLERATION INTERMS OF RULES 4(2)?

The petitioner states that no other petition seeking leave to appeal been filed by him against
the impugned judgement and orders.

4. DECLERATION IN TERMS OF RULES 6

The Annexures (P-1 to P-) produced along with the S.L.P are the true copies of the
pleadings/documents which formed part of the records of the case in the court /Tribunal
below against whose order the leave to appeal is sought for in this petition.

5. GROUDS:

A. Because the HC gravely erred in dismissing the PIL on the ground that the matter involved
personal grievance of the petitioner and that no element of PI was involved, when grant of the
prayer in that PIL would not have benefitted the petitioner at that point of time.

B. because of HC gravely erred in dismissing the PIL, when admittedly the government
Agency/Department , like DRI , is following the practice of not serving advance copies of the
petitions filed by it (before the HC), which amounts to defrauding the ordinary citizen, who is

33
taken by surprise to defrauding the ordinary citizen, who is taken by surprise subsequently,

34
 when , in violation of principles of natural justice, in his absence orders by the Lower Court
in his favor are stayed, as has been done in the case of present petitioner.

C. Because the high court gravely erred in dismissing the PIL, despite the fact that non supply
of advance copy the government agency/Department, like DRI, to the ordinary citizen under
these kind of peculiar circumstances (wherein favorable order has been passed for a litigant
by the Trail Court in respect of his right to property), amounts to violation of Natural Justice

at the time of hearing of such case(s) and, subsequently, leading to passing of stay order(s) from the
Appellate/Revisional Court qua those favorable orders of the lower court(s).

D. Because the HC gravely erred in dismissing the PIL, despite the fact that there is no provision
under Crpc, 1973 like that of CPC, 1908, wherein, after procuring such kind of ex parte stay
order, the petitioner/appellant is under obligation to serve immediately copy of such petition
along with the order of stay upon the respondent, so that the effected party could take
appropriate steps, in case stay order has been procured by suppression/misrepresentation of
any facts.

E. Because the High Court gravely erred in dismissing the PIL on the ground of pendency of the
LPA No. 91/2023 under similar facts, when cause of action involved therein was altogether
different and which substantiated grievances of a particular class of litigants under similar
circumstances, thereby, necessitating laying down pf appropriate rules by the HC on the
administrative side.

F. Because the High Court in coming to an altogether different conclusion contrary to the principles,
laid down by this Hon’ble court in this field, without the help of any judicial pronouncement
in this regard.

G. Because the impugned order is contrary to facts and established principles of law.

6. GROUNDS FOR INTERM RELIEF:

A. Because the petitioner will suffer irreparable loss and injury if the order of the HC is implemented
as the said order is against the record of the case.

B. Because the balance of convenience is in favor of the petitioner.

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7. PRAYER:

In view of foregoing it is humbly prayed that this Hon’ble Court be pleased to:

a) Grant special leave to appeal against the final judgement and order dated 03.02.2023 passed
by the Division Bench of High Court of CHANDIGARH In Public Interest Litigation Writ
Petition (C)
No. 886/2023; and

b) Pass such order and further order or orders as this Hon’ble court may deem fir and proper in
the facts and circumstances of the case.

36
 CONCLUSION

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 word, 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 learnt from his
internship is the mechanism of this body.

I was surprised to see how the simplest of laws were applicable in the most difficult of
situations and how loopholes leave so much scope for evaluation and improvisation today in
this field. I also observed that law is everything but constant but with the same soul as that of
a human. In other words or as that of our counsel, laws may come and law may repeal, but
they must always stay true to our original values and in case of law, they must always be
faithful to the constitution, which is the most supreme law of the land and governs all equals
and unequal’s 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.

My sir has specifically warned me regarding cross examination of the witnesses in the
criminal matter to be very cautious as (what not to be “asked” is more important than (what is
to be asked) from the witnesses

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