CONTENT

Acknowledgment

Declaration

List of abbreviation

Observation of functioning

Work done during internship

Learning Outcomes

Certificate of internship

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 ACKNOWLEDGEMENT

Any attempt at any level cannot be satisfactorily completed without the support and guidance
of learned people. My project work is a result of something more than hard work and
dedication. It is a true outcome of encouragement, support and guidance and constructive
criticism of different people that I acknowledge with immense pleasure. I would like to
express my gratitude to all those who made the completion of this project a reality. I dedicate
my gratitude to Banasthali Vidyapith for giving me permission to to commence this
internship, to do necessary research work. I gratefully acknowledge my deepest sense of
gratitude to my revered and intellectual guide, Mr. B.K. Pathak, who provided me with all
necessary suggestions and guiding me throughout mt internship period.

I thank my parents for always being on my side throughput this time period and provide=ing
me with all kind of emotional and financial support.

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 STUDENT DECLARATION

I Shatakshi Dubey student of B.B.A. LL.B IV Semester have done internship during
08/05/2023 to 08/06/2023 under Adv. B.K. Pathak at District Court, Varanasi hereby
declares that:

1. I have observed and compiled with all the rules and regulations and order thereof.
2. I have uniquely prepared and submitted report after completion of internship on time
and according to prescribed form and content.
3. I understand I shall be liable for suitable disciplinary action in case of any violation of
the guidelines.
4. I further undertake, if I fail to present myself in the Viva-voce on the specified date
my result may be withheld.

SHATAKSHI DUBEY

Student’s signature

DATE- 04/04/2023

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 LIST OF ABBREVIATIONS

SC Supreme Court

HC High Court

VS. Versus

Hon’ble Honorable

Didn’t Did not

Can’t Can not

CPC Civil Procedure Code

Don’t Do not

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 OBSERVATION OF FUNCTIONING

While talking about the functioning of the court, there are various aspects which are to be
considered like the courtroom layout, prodceedings, argument strategies etc.

1. Courtroom layout and atmosphere:- First of all, the judge is seated at some height
and in the middle. There is partition into two to three parts considering it to be the
space for parties. In addition there is a seating space too which is at backside and a
little away from judge’s seating area where rest of the parties or advocates may be
seated. Hardly only 4-5 people may sit at a time but when the matters are more than
enough then the courtroom is all packed and no one can even breathe. There is only
one ceiling fan but for the judge there are coolers.
2. Courtroom proceedings:- The cases are called as per the court’s jurisdiction based
on locality of the police station where the FIR was filed. Then after collecting the files
from office the advocates appear in the court as per the timing told by clerk. Also,
there is specific timing during which the judges sit and hearings are done.
3. Argument’s strategies:- As far as I observe, the advocates are very enthusiastic
about their arguments. They thoroughly go through the case and note down each and
every key points then they decide what and how to put up the points. Their
communication is very effective, they put up each and every point but very
respectfully infront of the Judge. They are so good at their at their job that their
counterarguments are also very strong.
4. Judge’s role and conduct:- Role of the judge is most important thing. Generally the
judges are tend to be rude but during my internship I observed that both male and
female judges are also very soft spoken and humble. This is the main point that drew
my attention.
5. Cross-examination:- During the span of my internship I also observed cross
examination though that was not related to my advocate’s matter but still I managed
to witness it. I saw how the cross examination is done who writes and who questions.
6. Evidence presentation:- The very first thing I observed regarding the evidence that it
is arranged in a logical like if judge is not satisfied with the first evidence then the
second and the stronger one will be presented. Also the objections raised by another
party are very very strong. Only an objection can disturb the base of a party.

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 7. Technology integration:- One thing that got me in the first go was technology. Now
people are able to file complains online and also the cases can be traced using FIR
No.. the judgement the position the last and the upcoming hearing everything can be
done online. This is a sign of growth and development. This technology upgradation
is a game changer. The data of court can be analysed online now.

These are some points that I observed in my first ever internship. Apart from this I also
did and understood some legal work and had a visit in different parts of court. Being a
first year law student and having very limited subjects and knowledge it was a bit
difficult for me to cope up but somehow I managed to do so.

During this internship I encounter with the ground reality of Judiciary and functioning of the
courts. I absorbed that when a women come for a witness a lady constable company her. Her
witness will be taken by the Magistrate with no presence of other individual. What I saw in
the movies nothing works like that. Evidences of witness were taken by the magistrate and
typist types all of them. The work of the reader is to read and maintain the files which come
in front of the court.

There is a huge difference between the theoretical and practical perspective. Some of the time
process is followed on the basis of judgments of the SC & HC because Acts of India were
formed long back in the history. As timely amendments were made and are making but some
of the things are of that nature which can’t be mentioned in the books. So, things and process
is module as per the convenience of the judge due to the work load.

As framing of charges should be done by the Judges but in reality Judge get them done by the
court officials. Even charged person does not have any idea regarding the charges under
which he is charged. Sometimes, some of the things are only mentioned in books but not
followed for the practical perspective.

Lack of functioning in Judiciary, I observed that Judge use to call the advocate and ask them
to dissolve the case outside the court , so that his/her work load could be redact because they
have to send the list of cases solved by them to the HC. So to maintain their record well and
good they use to do it.

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When I visit the court my advocate presented the arguments, other advocated also intruded
him but Judge did not put any question to it, Judge Use to explain their points with examples.
When the arguments were going on the situation seems kind of funny because no one was
following the proper processors. No one was caring about who is innocent and who is
accused. They just following the same pattern without checking the facts and circumstances if
the case, which is a kind of strange. As each and every case is differ from other then how we
can apply same rule to each one case.

The question of law and fair justice arisen that is really Judicial Officers cares about the fair
justice. According to me the answer is no because we considered Judges as the god of justice,
but here the God is not caring about the persons who really need fair justice.

I also observed about the relation between a client and advocate. When client came to visit
the advocate first thing they demanded that order should be done in his/her favor irrespective
of that he/she is innocent or not. Many of the clients asked for the grantee from the advocate
that order will be made in his/her favor. Many of the clients were not even aware about the
date of hearing of cases. They simply said it is the duty of an advocate to remember it and
inform it to them. Many of the clients were from wealthy families, they even ready to pay a
huge amount just to get the order in his/her favor.

Client reach to the advocate through connections, what I usually hear that the advocates who
had a knowledge and experience will get the more cases but most of the time clients reach the
advocates who belong to their case and whom they know and have some connections. Many
of the times client even does not disclose the real facts and situations to the advocate, because
of the fear of using the facts against them.

Being my first ever internship, I also visited the jail where all the prisoners were kept. This
was such an incredible feeling I mean the moment I stepped in the jail, the reality came
infront of me. The jail is totally different from what it is shown in movies. Also there can be
more than one prisoners in the cell at a time. Prisoners are provided with water, a tube light
and a fan. Sometimes, a common T.V. is also provided but not inside the cell outside the cell.

I also visited the court’s library. To be honest I didn’t knew that there is a library also in
courts. My advocate took me to the library where I observed that many young advocates were
preparing judiciary while some advocates were reading newspaper, on the other hand some
were doing some sort of research work. And ofcourse some were just seating having tea and

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gossip. District Courts usually don’t have A.C. but the library had. Each and every book was
present there.

Also it was my very first visit to fastrack courts. They are recently built. There infrastructure
is way better than the session courts one. Then I also had frequent visits to family court where
I just saw the questioning done by the counsellor to both the parties. Also a register is
maintained too.

My advocate also told me some key points about the Constitution of India and some basic
knowledge about it. He also introduced me to the file that goes to the judge at the time of
hearing and what all it contains. Advocates at district courts will sometimes as your law
school professor teach the law from the bare act and talk to you and may also at times test
your theoretical knowledge. Also, a unique thing which you will find during your lower court
internships is the different terms – ‘court reader’ used which you will not find in law school
textbooks. You may also interact with the court staff. Learning basic legal drafting under a
good district court lawyer is a must-do for any law student.

In lower courts, you can see all the sections of society, and you can directly interact with
clients. If you want to learn the tricks of the trade, start from the bottom. That’s where things
get complicated and find their way to the court of law.

A typical day in a district court involves the proceedings beginning in the morning. The
ordinary Court hours are from 10:00 A.M to 4:30 P.M. with an interval for luncheon from
1.00 PM to 1:30 PM. Saturdays are usually a full working days for courts and offices attached
thereto. Furthermore, the working hours for offices attached to Civil Courts are from 9.30
A.M. to 5.00 P.M. These are the offices that are effectively used for submitting documents,
filing new suits, getting copies of judgements, etc. After court hours, lawyers usually retire to
the chambers along with their staff for preparing their next cases.

A typical day in a district court may also differ depending on what kind of lawyer or case you
are working on at that point in time

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 CASES OBSERVED

CASE 1:-

Anil Kumar Dhingra VS. Ajay Kumar And Ors.

In this case the my senior was appearing for the plaintiff. The adjournment was granted and
the next date was fixed for further arguments.

CASE 2:-

Summary
Applicant: Ishaan hussain, Advocate BALLB Panel Advocate

Respondent: Station Bhadohi In-charge, Karthik Pathole and Suman gour

The applicamt has made a complaint against the applicant and the applicant’s associate
advocates Kanishka Saxena and Nishi Lodhi for making false allegations against them at the
police station Bhadohi for being harassed by the police station Bhadohi without any reason.

Then the complaint was submitted by Ishan hussain, a regular advocate he told in his
complaint that laast six months ago, through my colleague Nishi Lodhi, I got in touch with
Karthik Pathol, who lives in his locality, he inquired about my marriage. I was given legal
advice to him over the phone, he called me several times. But talked about and various
advices were given, and they were told that marriage registration officers have been
appointed by the Government of India for paper marriage through them or through Hindu
system there are various registered temples when marriage can be done. After that contact
with me was stopped by him.

After some time again I got a call from Karthik Pathole and told that he has got married from
temple, on which I was asked to get the certificate made by him. I was told that the certificate
was not received without completing the process and paying the fee. After that he kept
contacting me to get the certificate made but neither paid me my consultancy fee. After that,
he was asked several times to pay his consultancy fee of Rs5000, but only 1000 rupees were
paid by him and he has been delaying in giving the rest amount. No document has been
created. Ishaan hussain has informed to Bhadohi police station and about the Karthik Pathole
and he was continuously called by police, Karthik Pathole has done false complaint against
Ishaan hussain. Nishi Lodhi the collague of Ishaan hussain has been harassed by the police

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without any reason, neither any document has been made for Pathole nor he has been
married. As he had requested to give justice to his lawyer.

As per the complaint, the Commission directed to take appropriate action at their level in the
application and take trouble of resolving it.

CASE 3:-

Satish VS. State of U.P.

In this case, my senior was appearing on behalf of the appellant. The opposition claimed that
the defendant was not involved in any type od criminal activity while we claimed he was
involved in criminal activities. The defendand used to snatch the chain and purse from the
women on streets and also if any woman used to refuse or caught him, he gave them life
threats. He was in arrested on 30/04/2023 and the hearing was being done on 15/05/2023.

The court was then adjourned next date was given also the bail for him was rejected.

CASE 4:-

State of Uttar Pradesh VS. Sanjay

In this case, my senior was appearing on behalf of the defendant. The defendant stole the
laptop from the house of his owner and ran away. The F.I.R. was filed by hus owner and he
was caught within 2 days. He was arrested and was kept in jail for 2 years. His mother filed
for bail and he was released but the release was not permanent. He was said to prove himself
non-guilty then only he will be sent otherwise he will be detained again.

He stole laptop along with a bike. Now the bail application was drafted but on the first
hearing nothing notable was done.

Again the court was adjourned and the next date was given.

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 WORK DONE IN INTERNSHIP

1. In this internship, I went through many files and got to know what all are the things
that a file contains when goes to a judge.
2. When it comes to research work, my senior asked me to do a brief study regarding
Indian Constitution.
3. I also revised some of the topics in torts and contract.
4. The main thing I did was that I attended the proceedings and learned that how an
advocate should behave in front of the judge.
5. I went through the files of cases that included theft and robbery.
6. I assisted in file management and organization.
7. I also came to know about the court office which contains files.
8. Then, for the second research work, my senior asked me to do a detailed research of
Preamble.

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 LEARNING OUTCOMES

Main Tasks

I was tasked with observing preliminary hearings in criminal cases, took notes during the
proceedings, and assisted in organizing case files. Witnessing the judicial process firsthand, I
was able to grasp the complexity of legal arguments, the importance of evidence presentation,
and the critical role of meticulous preparation in building a case. It was fascinating to see
theory put into practice within the legal system.

Work Environment

The court environment was both formal and bustling. The air buzzed with activity as lawyers
hurriedly prepared cases, clerks organized paperwork, and individuals awaited their hearings.
The atmosphere held a sense of gravity and purpose, with the courtrooms exuding a dignified
aura, setting the tone for the day’s legal proceedings.

Good Things

What struck me most was the meticulous attention to detail and the swift, precise
communication among legal professionals. Witnessing the rapid exchange of legal arguments
and the importance of comprehensive case preparation left a lasting impression. The sheer
intensity of the legal proceedings and the strategic thinking required by attorneys to navigate
complex cases were both impressive and somewhat surprising, highlighting the rigorous
demandof the legal profession.

Bad Things

One aspect that left a less favourable impression was the occasional tension in the courtroom.
At times, the adversarial nature of legal proceedings led to heightened emotions and
contention between parties. While understandable given the nature of legal disputes,
witnessing such confrontations initially felt somewhat disconcerting. However, it also
underscored the necessity for professionalism, respect, and the delicate balance required in
the legal process.

Millions of people come into the Court and hires an advocate with the expectation that they
would win the case and justice would be rendered upon. But the question arises that “has the
justice been conferred upon each and every person?” The answer may be quite difficult.

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Various appeals are dismissed and many cases keep on piling. Suits filed by a father keep on
going and even his grandson becomes a party to it. Interning in a district Court offers a vast
experience to a law student. It not only provides a practical knowledge about the various acts
like Indian Contract Act, CPC, but also provides you an insight as to what the Indian
Judiciary is all about. It provides you with the knowledge that how the cases should be
pleaded before the Hon’ble Judge. It enhances your knowledge and widens the horizon
especially for those who want to go in for litigation after the completion of their course. It is
the duty of every advocate to render his best and true efforts while solving any case because
it is meant for the benefit of the common man. Law does not mean simply to solve the case
for monetary value but also moral values should be kept in mind to great extent. Through the
internship in the district Court and by watching the proceedings, one could easily learn about
these prospects.

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CERTIFICATE OF INTERNSHIP

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