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THE MAHARAJA SAYAJIRAO UNIVERSITY OF BARODA

FACULTY OF LAW
REPORT ON
INTERNSHIP PROGRAME

Internship at INAMDAR ADVOCATES submitted for the partial fulfillment


for the award of degree of LL. B- 3 (special)

Academic Year: 2023-24


Submitted by: Krishanu D Avasia
PRN NO. 8021029464 submitted to: faculty of law
Serial no Particular Page no
1 Acknowledgement Pg – 3
2 Introduction of the law firm Pg – 4
3 Introduction of the Pg – 5
advocates
4 Certificate Pg – 6
5 Day -1 (4/10/2023) Pg – 7
6 Day -2 (5/10/2023) Pg – 8
7 Day -3 (6/10/2023) Pg – 9
8 Day -4 (7/10/2023) Pg – 10
9 Day -5 (8/10/2023) Pg – 11
10 Day -6 (9/10/2023) Pg – 12
11 Day -7 (10/10/2023) Pg – 13 – 14
12 Day -8 (11/10/2023) Pg – 15
13 Day -9 (12/10/2023) Pg – 16
14 Day -10 (13/10/2023) Pg – 17
15 Day -11 (14/10/2023) Pg – 18
16 Day -12 (15/10/2023) Pg – 19
17 Day -13 (16/10/2023) Pg – 20
18 Day -14 (17/10/2023) Pg – 21 – 22
19 Day -15 (18/10/2023) Pg – 23 – 24
20 Day -16 (19/10/2023) Pg – 25
21 Day -17 (20/10/2023) Pg – 26
22 Day -18 (21/10/2023) Pg – 27
23 Day -19 (22/10/2023) Pg – 28
24 Day -20 (23/10/2023) Pg – 29
25 Day -21 (24/10/2023) Pg – 30
26 Day -22 (25/10/2023) Pg – 31
27 Day -23 (26/10/2023) Pg – 32 – 33
28 Day -24 (27/10/2023) Pg – 34 – 35
29 Day -25 (28/10/2023) Pg – 36
30 Day -26 (29/10/2023) Pg – 37
31 Day -27 (30/10/2023) Pg – 38
32 Day -28 (31/10/2023) Pg – 39 – 40
33 Day -29 (1/11/2023) Pg – 41
34 Day -30 (2/11/2023) Pg – 42
35 Day -31 (3/11/2023) Pg – 43
36 Last day (4/11/2023) Pg – 44 – 45
37 Concerned laws relating to Pg – 46 – 48
the study
38 Observation Pg – 49 – 50
39 Conclusion Pg – 51
Acknowledgement
I would like to express my sincere gratitude to INAMDAR ADVOCATES for providing me
with the opportunity to intern at their esteemed organization. During my one-month
internship, I gained valuable hands-on experience in the legal field and was able to apply the
knowledge and skills I have learned in the classroom.

I am particularly grateful to MR. JAYMIN INAMDAR & MRS AARTI INAMDAR for their
guidance and mentorship throughout my internship. Their willingness to share their expertise
and insights was invaluable, and I learned a great deal from them. I would also like to thank
the other advocate and staff at INAMDAR ADVOCATES for their support and
encouragement.

I am also grateful to MAHARAJA SAYAJI RAO UNIVERSITY (BARODA) for providing


me with the opportunity to participate in this internship program. The university's
commitment to providing students with real-world experience is commendable, and I am
grateful for the opportunity to have applied what I have learned in the classroom to a real-
world setting.

This internship has been an invaluable experience, and I am confident that the knowledge and
skills I have gained will be beneficial to me in my future career.

A fair mix of experience and youthful exuberance sets apart INAMDAR ADVOCATES
from other law firms in the country. An ambition to be the world's leading law firm
underlines our business strategy. We strive to achieve this aim through sustained investment
in effective technological resources, knowledge management, relation management,
communication networking and vast research on recent developments in economic and legal
spheres. We strongly believe that a trusted relationship is built on the foundation of shared
values and deep understanding of our clients' needs. Thus, we blend professional expertise
with the business objectives of our clients and develop a strong grasp of their businesses
before coming up with bespoke solutions.
Introduction of the law firm
INAMDAR ADVOCATES is a full-service law firm providing innovative legal solutions to
its domestic as well as international clients. The firm offers a large portfolio of legal services
through its offices located at Vadodara.

Since its inception in the year 1991, INAMDAR ADVOCATES has been undergoing
dynamic progression, expanding its breadth of services in India and abroad. INAMDAR
ADVOCATES has strategic alliances with many other law firms and lawyers spreading all
over India to provide seamless service to a multitude of clients.

At INAMDAR ADVOCATES, providing workable advice and cost-effective assistance to


our clients is our foremost aim. The clients benefit from our approach of viewing issues from
both a business as well as a legal perspective; focusing on problem avoidance, not just
problem solving. With a sophisticated understanding of changing business environment
intersecting with law, public policy and technology, the Firm is positioned to protect and
advance its clients’ business interests in the present era of globalization.

The stimulating work environment brings together the best legal brains at INAMDAR
ADVOCATES to take care of all legal needs of our clients. The lawyers strong team
comprises of experienced, dynamic, enterprising and innovative legal experts having
outstanding academic and professional records. Under the able guidance of partners of the
firm — who are leading experts in various areas of law — highest standards of service are
maintained and seamlessly delivered to clients.
Introduction of the advocates
Mr. Jaymin Inamdar (Advocate)

Mr. Jaymin Inamdar who belongs to a family of freedom fighters and politicians has been
practicing advocacy since 1987. He is a versatile lawyer but since last couple of years deals
with land acquisition matters and matters relating to company law with special reference to
providing professional services to companies in establishing their new industrial units.

Mrs. Arati Inamdar (Advocate)

Granddaughter of Lt. Shri Bhailalbhai Brahmbhatt, one of the prominent lawyer of Baroda
bar and daughter of Lt. Shri Gopinath Bhailalbhai Bhrambhatt, was a District & Sessions
Judge thereafter became the Registrar of Gujarat High Court and then became the Charity
commissioner of the State.
Aratiben Inamdar, completed her post-graduation in Company law from M.S.University of
Baroda, who practices completely in civil matters with special reference to company law and
intellectual property since last 32 years and was also appointed as a standing central
government counsel at Gujarat High Court .
Day -1 (Wednesday)

4/10/23

Entry time 11:00 am

Exit time 03:00 pm

On my first day as an intern in the Inamdar Advocates, I had the pleasure of meeting Mr.
Jaimin p. Inamdar and Mrs Arti J. Inamdar They generously provided me with an in-depth
orientation to the firm, covering its history, diverse practice areas, and the inner workings of
their firm I was particularly intrigued to learn about how they handle their cases meticulously
During the internship, I met several friendly and welcoming staff members, including
Chandresh sir, Ayushi madam who offered valuable insights into daily operations and law
firm culture. This informative session left me feeling excited about the opportunity to
contribute to this renowned firm and eager to learn more about the legal profession. In the
coming weeks, I hope to gain practical experience by assisting with research, drafting, and
other tasks while observing the dedicated legal professionals at INAMDAR ADVOCATES "

As I had an opportunity to ask a question that what are the must have skills a budding
advocate should have, they answered

1) Honesty to admit to your mistake to those of superior of yours


2) Dedication
3) Politeness even to both superior and inferior to maintain a harmonious relationship
And this is one of most valuable teaching I got to know and used in my day-to-day
life
Day -2(Thursday)

5/10/2023

Entry time – 11:00 am

Exit time – 03:00 pm

On my second day, I had the valuable opportunity to observe several ongoing legal matters.
While maintaining strict confidentiality of the specific details, I gained insights into the
diverse range of cases handled by the firm. I observed matters related to contract disputes,
which involved sections of the civil procedure code ,1908, and special relief act 1963. This
initial exposure provided me with a valuable understanding of the legal frameworks applied
in various practical situations.

The main focus on the section 9 of the civil procedure code 1908 and section 35 of special
relief act 1963 which says

Section 9 of the Code of Civil Procedure (CPC):

 Deals with the jurisdiction of courts in civil matters.


 States that courts have jurisdiction to try all suits of a civil nature except those barred
by express law.
 Outlines specific factors determining a court's jurisdiction, such as:
o Subject matter of the suit.
o Location of the property or cause of action.
o Residence of the parties.

Section 35 of the Specific Relief Act:

 Provides for the remedy of injunction in specific situations.

 Defines an injunction as "an order restraining the defendant from doing, or continuing
to do, or from omitting to do, any act" deemed necessary for justice.

 Outlines specific conditions for granting an injunction, such as:

o Plaintiff has a legal right that needs protection.

o Irreparable injury is likely to occur without an injunction


Day -3 (Friday)

6/10/2023

Entry time 11:00 am

Exit time 03:00 pm

On 3rd day I prepared for an upcoming case by researching relevant legal sections and
reviewing precedents. While confidentiality prevents me from disclosing specifics, I focused
on understanding the legal framework and key arguments involved. This exercise provided
valuable insights into the application of [civil procedure code 1908] in practical situations
and helped me prepare to assist with the case during the hearing."

The specific focus area was on order 11 rule 7 of civil procedure code 1908

Order 11 Rule 7 of the Civil Procedure Code, 1908 empowers the court to reject a plaint (the
document initiating a civil lawsuit) under specific circumstances. Here's a synopsis:

When can a court reject a plaint?

The court can reject a plaint only if it falls under one of the following grounds:

 No cause of action: The plaint fails to disclose a valid legal basis for the lawsuit. This
means the facts presented don't establish a legal right being violated or a legal wrong
committed.

 Undervaluation: The court fee paid with the plaint is insufficient based on the
claimed value of the relief sought. The plaintiff has a chance to rectify this by paying
the difference within a stipulated time.

Important points to remember:

 The court's power under Order 11 Rule 7 is discretionary, meaning it's not
mandatory to reject a plaint even if it falls under one of these grounds.

 The court needs to examine the plaint prima facie (at first glance), without delving
into its merits or evidence.

 The decision to reject a plaint is not final. The plaintiff can file a fresh plaint after
rectifying the deficiencies.

 Order 11 Rule 7 aims to prevent frivolous and vexatious lawsuits


Day -4 (Saturday)

7/10/23

Entry time -11:00 am

Exit time -03:00 pm

On the fourth day of my internship, I had the valuable opportunity to observe the final
arguments and reply in a court proceeding. While maintaining confidentiality regarding the
case specifics, I gained valuable insights into the culminating stages of litigation and the
critical role of lawyers in presenting their clients' perspectives."

Explanation:

Final Argument:

 This is the closing statement presented by each party's lawyer at the end of a trial.

 The lawyers summarize their case, highlighting key evidence and legal arguments
supporting their client's position.

 They attempt to persuade the judge or jury why their client should prevail.

Reply:

 This is the opportunity for the plaintiff's lawyer to respond to the defendant's final
argument.

 They cannot introduce new evidence but can address points raised by the defense and
further solidify their case.

 Not all jurisdictions include a reply stage.

Specifying your learnings:

It dealt with civil procedure code 1908 and special relief act 1963
DAY -5 (SUNDAY)

8/10/23

HOLIDAY
Day -6 (Monday)

9/10/23

Entry time – 11:00 am

Exit time – 03:00 pm

On the sixth day of my internship, I had the opportunity to read a judgment at the law
firm. The case involved motor vehicle accident. This experience provided me with
valuable insights into the [motor vehicle act 1988] and the practical application of legal
principles. I was able to analysed the reasoning behind the judgment and understand its
implications for similar cases in the future. This opportunity enhanced my understanding
of the judicial process and its significance in the legal profession.

Section 173 of the Motor Vehicles Act, 1988, deals with appeals against awards passed
by Claims Tribunals under the Act.

Here's a breakdown of what it entails:

Who can file an appeal?:

 Any party aggrieved by an award passed by a Claims Tribunal can file an appeal. This
includes the victim, the owner of the vehicle, or the insurance company.

Where is the appeal filed?:

 Appeals are filed before the High Court of the state where the accident occurred or
where the appellant resides.

Time limit for filing the appeal:

 The appeal must be filed within 90 days from the date of the award. However, the
High Court can condone the delay for sufficient reasons.

Grounds for appeal:

 The appeal can be based on various grounds, including:

o The Tribunal committed an error of law or fact.

o The Tribunal did not consider all the relevant evidence.

o The quantum of compensation awarded is inadequate or excessive.


Day - 7 (Tuesday)

10/10/23

Entry time – 11:00 am

Exit time – 03:00 pm

On my seventh day of internship, I had the opportunity to observe several court proceedings
at the district court in [Vadodara, Gujarat]. During my visit, I witnessed [types of proceedings
observed, e.g., special civil suit, family suit etc.].

The proceedings provided valuable insights into the legal system and the roles of different
legal professionals. I observed how [ judge hears every word of the advocate seriously and
with full attention, how advocate tries their best of his ability to prove their point and juniors
who hard work day and night for the research of the case

One particularly interesting aspect of the day was [that it is important to take one or more
loose A4 paper because an advocate will never know when they will a requirement to write
an application]. This experience helped me understand the implication of the law and act in
real situation

These laws are explained below

1. Section 133 of the Code of Civil Procedure (CPC), 1908:

 Deals with suits related to disputes over immovable property: Where the property is
situated or any act in relation to it occurred.

 Defines the jurisdiction of courts based on the location of the property.

 Empowers plaintiffs to choose between various courts depending on the value of the
property.

2. Section 34 of the Specific Relief Act, 1963:

 Allows for suits seeking declarations of legal character or right to property.

 Plaintiff must demonstrate a present danger or detriment to their interest due to the
defendant's denial of their right.

 Declaration grants clarity and protects the plaintiff's right but does not automatically
confer rights or enforce specific actions.
3. Section 10 of the Hindu Succession Act, 1956:

 Governs the devolution of property of a deceased Hindu intestate (without a will).

 Specifies the order of inheritance for various


heirs: spouse, children, grandchildren, parents, siblings, etc.

 Provides separate rules for ancestral and self-acquired property.


Day -8 (Wednesday)

11/10/23

Entry time – 11:00 am

Exit time – 03:00 pm

On 8th day of my internship took an exciting turn as I had the opportunity to:

 Observe a cross-examination in a courtroom: I witnessed firsthand the dynamics of


questioning and response used by lawyers to elicit information and establish their
arguments. While I cannot reveal specifics due to confidentiality, I learned valuable
insights about the importance of preparation, clarity, and strategy in questioning
techniques.

 Analyse a judgment related to Section 13 of the Hindu Marriage Act: This


allowed me to delve deeper into the legal framework surrounding specific sections of
the Act. While confidentiality prevents sharing details of the case, I gained deeper
understanding of how legal principles are applied in practice and the intricacies of
interpreting legal clauses.

Section 13 of the Hindu Marriage Act:

This section outlines the grounds on which either spouse can file a petition for divorce under
the Hindu Marriage Act, 1956. Here are some key points:

Divorce Grounds:

 Adultery: Having sexual relations outside marriage.


 Cruelty: Physical or mental abuse that makes living together unreasonable.
 Desertion: Abandoning the other spouse without reasonable cause for a continuous
period.
 Conversion: Renouncing Hinduism by the other spouse after the marriage.
 Unsound mind: Suffering from a mental illness making it impossible to lead a
normal married life.
Day – 9 (Thursday)

12/10/23

Entry time – 11:00 am

Exit time – 03:00 pm

Day 9: Witnessing Case Conclusion in Commercial Dispute

Today, I had the opportunity to observe a crucial stage in a commercial dispute at the
Vadodara district court]. While maintaining client confidentiality, I witnessed:

 An advocate filing a reply on behalf of one of the parties: This highlighted the
importance of responding to arguments presented in the opposing party's pleadings. It
provided insights into the advocate's strategy and approach in addressing the dispute.
 The court issuing a final order in the case: This marked the culmination of the legal
process and provided a concrete outcome to the dispute. While I cannot disclose the
specifics of the order, it was valuable to witness the final decision and understand the
factors influencing the court's judgment.

Section 9 of the Code of Civil Procedure (CPC), 1908, in India:

Section 9 of the CPC deals with the jurisdiction of civil courts in India. It specifies where a
plaintiff can file a lawsuit based on the defendant's location, the location where the cause of
action arose, or where the property in dispute is situated.

Here's a breakdown of the key points:

Jurisdiction:

 Courts shall have jurisdiction to try all suits of a civil nature, except those expressly or
impliedly barred by law.
 Plaintiffs can choose to file their lawsuit in any of the following courts, depending on
the circumstances:
Day – 10 (Friday)

13/10/23

Entry time – 11:00 am

Exit time – 03:00 pm

On my 10th day, I was assigned to assist with research for a case handled by senior
associates. I focused on gathering information related to the case. Utilizing legal databases
and online resources, this research experience provided me with valuable insights into I look
forward to further contributing to the case and learning more from the senior associates."
Day – 11 (Saturday)

14/10/23

Entry time – 11:00 am

Exit time – 03:00 pm

It was eleventh day of my internship so the main objective was to continue the research
which was initially started on day 10 of internship to maintain confidentiality of the cases as
this is still going on in the district court of Vadodara, Gujarat as senior associate instructed
that the judgement main focus was the condonation of delay under section 34 of arbitration &
conciliation act 1996 and section 5 of the limitation act

So, the judgement o was to find where the condonation of delay is given by high court with
reference to section 34 of arbitration & conciliation act , 1996
DAY – 12 (SUNDAY)

HOLIDAY

15/10/23
Day – 13 (Monday)

16/10/23

Entry time – 11:00 am

Exit time – 03:00 pm

It was the thirteenth day of my internship as the research for the judgement continues we all
senior and colleague were trying their best to find the relevant judgement it was one of the
toughest task that I came across in my internship as my colleague used online paid website
like manupatra a renowned site that provide judgement to the legal professional I used AI
such as Google bard , chat gpt and perplexity which helped me a lot to get more than 50
judgement from which I checked which could be the relevant one as the research continues
and 13th day of internship comes to an end
Day – 14 (Tuesday)

17/10/23

Entry time – 11:00 am

Exit time – 03:00 pm

It was the fourteenth day of my internship research for th relevant comes to an end

The judgement synopsis mentioned below

NHAI v. Karmanshi Madhabhai & Ors. (2023)

Facts:

 The National Highways Authority of India (NHAI) awarded a contract to Karmanshi


Madhabhai & Ors. (the Contractor) for the construction of a highway.
 The contract included a provision for liquidated damages (LD) in case of delays in
completion of the project.
 The project was delayed, and NHAI invoked the LD clause and claimed damages
from the Contractor.
 The Contractor disputed the LD claim and challenged the validity of the LD clause.

Issues:

 Whether the LD clause was valid and enforceable.


 Whether NHAI was entitled to claim LD for the entire period of delay.
 Whether the Contractor was entitled to any relief.

Held:

 The court held that the LD clause was valid and enforceable.
 The court held that NHAI was entitled to claim LD for the entire period of delay, even
though some of the delay was due to factors beyond the Contractor's control.
 The court held that the Contractor was not entitled to any relief.

Reasoning:
 The court held that the LD clause was a valid and enforceable liquidated damages
clause, as it was a genuine pre-estimate of the losses that NHAI would suffer in case
of delays.
 The court held that NHAI was entitled to claim LD for the entire period of delay, even
though some of the delay was due to factors beyond the Contractor's control, as the
LD clause was not subject to any exceptions.
 The court held that the Contractor was not entitled to any relief, as it had failed to
establish any grounds for relief.

Significance:

 This case is significant because it clarifies the law on liquidated damages clauses in
construction contracts.
 The case confirms that LD clauses are valid and enforceable, and that contractors will
be liable to pay LD for the entire period of delay, even if some of the delay is due to
factors beyond their control.
 The case also highlights the importance of carefully drafting LD clauses to ensure that
they are fair and enforceable.
Day – 15 (Wednesday)

18/10/23

Entry time – 11:00 am

Exit time – 03:00 pm

It was fifteenth day of internship so I was instructed by my senior to assist and observe him in
the district court in observing how to draft application under section 8 of arbitration &
conciliation act 1996 and it was my first day to that how the vakalatnama was filed in the
court

Under Section 8 of the Arbitration and Conciliation Act, 1996 (the Act), a party to an
arbitration agreement can file an application to compel the other party to refer the dispute
to arbitration instead of pursuing it in court. Here's a breakdown:

Purpose:

 To enforce an arbitration agreement when one party initiates court proceedings


despite the agreement to resolve disputes through arbitration.

Who can file:

 Any party to a valid arbitration agreement who is facing a lawsuit related to the
subject matter covered by the agreement.

When to file:

 Before submitting the first statement on the substance of the dispute in court. This is
crucial as delay beyond this point weakens the application.

Procedure:

 File an application with the court where the lawsuit is pending.


 The court will review the application and the arbitration agreement.
 If the court finds a valid arbitration agreement exists and no prima facie (at first
glance) reason to deny it, it will refer the parties to arbitration

VAKALATNAMA

In the Indian legal system, a vakalatnama serves as a formal instrument of


authorization, constituting a written delegation of legal authority and representation.
It empowers a designated advocate to appear and act on your behalf in a specific legal
matter before a court, tribunal, or other designated legal authority.

Key attributes of a vakalatnama:

 Authorization: Grants the appointed advocate the legal power to undertake actions
and proceedings pertaining to the specified case, ranging from filing documents to
presenting arguments.
 Specificity: Can be tailored to encompass the entire matter (general vakalatnama) or
limit the advocate's authority to specific stages or actions (specific vakalatnama).
 Essentials: Typically includes details such as your name and address, the advocate's
information, the relevant court or authority, the nature of the case, and the defined
scope of authority.
 Formalization: Requires proper execution by you and attestation by the accepting
advocate.
 Regulation: Subject to mandatory use in most courts across India and adherence to a
prescribed value for the affixed welfare stamp.

Significance of a vakalatnama:

 Essential representation: Functions as the official confirmation of your chosen legal


representative before the court or authority.
 Procedural requirement: Mandatory for advocates to appear and act on your behalf
in most legal proceedings.
 Strategic management: Allows for controlled delegation of authority, aligning with
your desired level of representation throughout the case.
Day – 16 (Thursday)

19/10/23

Entry time – 11:00 am

Exit time – 03:00 pm

On the sixteenth day of my internship starts day as usual witness several court proceeding as
senior asked us to read ORDER 37 OF CIVIL PROCEDURE CODE 1908 to understand the
case and observe implication of this law in the real situation

Order 37 of the Code of Civil Procedure, 1908 (India): Explained Briefly

Order 37 of the CPC, 1908 provides a fast-track procedure for recovering money or
liquidated demands in Indian courts. This means it helps settle certain cases quickly and
efficiently, without the lengthy process of a regular civil suit.

Here's a brief overview:

 Who can use it? This procedure applies to specific claims, like debts based on:
o Bills of exchange
o Promissory notes
o Written contracts
o Other specified documents
 Benefits:
o Faster resolution compared to regular suits.
o Less complex and expensive.
o Easier enforcement of decrees (court orders).
 Conditions:
o The claim must be undisputed and based on clear documentation.
o The defendant must not have a strong defense.
Day – 17 (Friday)

20/10/23

Entry time – 11:00 am

Exit time – 03:00 pm

It was seventeenth day of my internship as went to district court and our task was to observe
the cases and the arguments given by the advocates and studied the case which is being
currently handled and focus was the ASHANTDHARA

1. The Gujarat Disturbed Areas Act: This is a piece of legislation enacted in Gujarat to
regulate the transfer of immovable property (land and buildings) in areas that have
experienced or are prone to communal disturbances. This Act aims to prevent these
disturbances from being exploited for illegal profiteering through property transactions.

2. Ashant Dhara Certificate: This is a specific document issued by the government under
the Gujarat Disturbed Areas Act. It verifies that a proposed property transfer adheres to the
Act's regulations and allows the transaction to proceed smoothly. Without this certificate,
registering the property transfer at the sub-registrar's office is typically not possible.

Here's a quick breakdown of its key points:

 Applies to: Transfer of immovable property in designated "disturbed areas" of


Gujarat.
 Purpose: To regulate property transactions and prevent misuse during communal
disturbances.
 Document involved: Ashant Dhara Certificate, issued by the government.
 Necessity: Required for registering property transfers in designated areas.
Day – 18 (Saturday)

21/10/23

Entry time – 11:00 am

Exit time – 03:00 pm

It was eighteenth day of my internship was to see the list that which are the following case
are handle by our senior and what is the stage of case is currently on and law point and its
real-life implication on the case

Today it was section 54 & 55 of transfer of property act

Section 54:

 Deals with: Sale of immovable property (land and buildings) by a person in


possession.
 Key points:
o A person with valid title and legal capacity can sell their immovable property.
o Transfer happens through a sale deed.
o Registration of the sale deed is mandatory for legal validity.

Section 55:

 Complements Section 54: Defines rights and duties of seller and buyer in a
sale, unless a contract specifies otherwise.
 Key points:
o Seller must deliver possession and title documents to buyer.
o Buyer must pay the purchase price.
o Seller is responsible for undisclosed defects affecting property value.
Day – 19 (SUNDAY)

22/10/23

HOLIDAY
Day – 20 (Monday)

23/10/23

Entry time – 11:00 am

Exit time – 03:00 pm

Again, it was observed that on 21/10/23 was the auspicious 9th day of Navratri as due to this
majority of cases are given date after Diwali as due to this, I was asked by my senior to read
the judgement related to cases and they won those cases and those cases focused on section
21 of civil procedure code 1908

Section 21 of the Civil Procedure Code, 1908 (India) deals with objections to the
jurisdiction of a court. Here's a breakdown of its key points:

Main Principle:

 Parties cannot raise objections in a later stage about the court's jurisdiction if they
didn't raise them at the earliest possible opportunity during the proceedings. This
promotes efficiency and prevents unnecessary delays.

Subsections:

 Subsection (1): No objection about the court's jurisdiction with regard to its local
limits (geographical area) can be made unless raised at the earliest possible
opportunity in the trial court.
 Subsection (2): If parties object to jurisdiction after the decree (final judgment) is
passed, it's usually too late, barring exceptional circumstances. However, they can
appeal the decree on other grounds.
 Subsection (3): This subsection specifically applies to execution proceedings
(enforcing a decree). Similar to subsection (1), objections about the executing court's
local jurisdiction must be raised at the earliest opportunity.
Day – 21(Tuesday)

24/10/23

HOLIDAY ( DUSSHERA)
Day – 22 (Wednesday)

25/10/23

Entry time – 11:00 am

Exit time – 03:00 pm

It was the twenty-second day of my internship as usual we went to the district case where we
observed that it was a special civil suit and the case stage was at ORDER stage and it was
adjourned for further proceedings

The main area of focus was the section 34 special relief act 1963

The order stage in a lawsuit refers to the final phase where the court delivers its judgment and
pronounces the necessary orders. This typically involves these steps:

1. Arguments concluded: Both parties present their final arguments and submit
evidence.
2. Judgment reserved: The judge reviews the case and considers all arguments before
reaching a decision.
3. Judgment pronounced: The judge delivers the verdict, either orally or in
writing, explaining the reasoning behind the decision.
4. Orders passed: The court issues specific orders based on the judgment, outlining
actions to be taken by each party (e.g., property recovery, contract fulfilment).
5. Appeal: Either party can appeal the judgment to a higher court if they disagree.
Day – 23 (Thursday)

26/10/23

Entry time – 11:00 am

Exit time – 03:00 pm

It was twenty – third day of my internship as soon as we reached the firm, we were instructed
by the firm clerk to take files and go to the district court to assist our senior and said
respective court no

Main area of focus was the section 40&34 of special relief act 1963 and it was on the stage
where we were required to show plaintiff evidence

Sections 40 and 34 of the Specific Relief Act, 1963: A Brief Explanation

Section 40: Bar to suit for possession of specific immovable property:

This section states that a suit for possession of immovable property (land, buildings) cannot
be filed if:

1. Alternative remedy available: The plaintiff (person filing the suit) has an
alternate, equally effective remedy like suing for damages.
2. Dispossession is only partial: The plaintiff is still partially in possession of the
property.
3. Dispossession is temporary: The dispossession is not permanent and the plaintiff can
likely regain possession easily.

Exceptions:

 The bar does not apply if the plaintiff can prove title to the property or establish
a right to immediate possession.
 It also doesn't apply if the dispossession is caused by force or fraud.

Section 34: Suit for performance of contract:


This section allows a suit for specific performance of a contract, meaning the court can order
the other party to fulfil their contractual obligations instead of awarding damages. However,
specific performance is not granted in every case. Courts consider several factors, including:

 Difficulty in enforcing: If enforcing the contract is excessively difficult or


impractical.
 Personal service contracts: Courts are reluctant to force individuals to perform
personal services like singing or painting.
 Adequacy of damages: If awarding monetary compensation is sufficient to address
the breach.
 Unchanged circumstances: The situation hasn't changed significantly since the
contract was made.

Comparison:

Both sections focus on specific remedies instead of monetary compensation. However, their
purposes differ:

 Section 40: Restricts suits for possession when alternative remedies or situations don't
justify court intervention.
 Section 34: Enables specific performance of contracts under certain
conditions, focusing on enforcing the agreed-upon actions.
Day – 24 (Friday)

27/10/23

Entry time – 11:00 am

Exit time – 03:00 pm

It was twenty – fourth day of my internship as I as instructed by our senior to report to the
district court to assist him THE MAIN AREA FOCUS WAS

The Protection of Women from Domestic Violence Act, 2005: Sections 18, 20, and 21
Explained

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) aims to safeguard
women from domestic violence and offers relief measures through various sections. Here's a
quick breakdown of sections 18, 20, and 21:

Section 18: Protection Orders:

 Empowers Magistrates to issue protection orders to aggrieved women after assessing


that domestic violence has occurred or is likely to occur.
 These orders can prohibit the respondent (usually the male partner) from various
actions, including:
o Committing any act of domestic violence.
o Communicating with the aggrieved person in any form
(personal, oral, written, electronic, telephonic).
o Entering the aggrieved person's workplace or child's school.
o Alienating any assets jointly owned or used by the parties.
o Causing violence to dependents or others assisting the aggrieved person.
 The Magistrate can also specify further restrictions as needed.

Section 20: Monetary Relief:

 Allows aggrieved women to seek monetary relief from the respondent to compensate
for:
o Medical expenses incurred due to domestic violence.
o Loss of earnings or earning potential.
o Maintenance for themselves and dependent children.
o Expenses incurred in seeking protection under the Act.
 The Magistrate determines the amount based on the respondent's income, earning
capacity, and the aggrieved person's needs.

Section 21: Custody of Children:

 Empowers Magistrates to grant temporary custody of any child or children to the


aggrieved person or someone acting on her behalf.
 This temporary custody applies until further orders are passed by the court or the child
reaches 18 years old.
 The Magistrate considers the child's welfare while deciding custody, including their
relationship with each parent and any history of violence
Day – 25 (Saturday)

28/10/23

Entry time – 11:00 am

Exit time – 03:00 pm

On the twenty – fifth day of my internship I was instructed by my senior was read
judgements and the cases they have handled previous as working pressure was low as to
maintain the confidentiality of the firm and the cases, they are dealing with I cannot the name
or number it was based on the civil procedure code 1908 as their main area of expertise was

1) Civil procedure code 1908


2) Land revenue laws
3) Motor vehicle act
4) Criminal procedure code, 1976
Day – 26 (Sunday)

29/10/23

HOLIDAY
Day – 27 (Monday)

30/10/23

Entry time – 11:00 am

Exit time – 03:00 pm

It was twenty – seventh day of my internship as I was instructed to read the judgement and
judgement summary

Chandra Kishore Chaurasia vs R A Perfumery Works Private Limited heard by the


Delhi High Court on October 27, 2022. Based on this excerpt, here's a breakdown of the case
and the current situation:

Case Summary:

 Appellant: Chandra Kishore Chaurasia


 Respondent: R A Perfumery Works Private Limited
 Issue: Trademark infringement of trademarks "1192" and "JAGMAG 1192" allegedly
by the respondent.

Court Order:

 The Delhi High Court dismissed the appellant's plaint (complaint) due to lack of
prima facie case for territorial jurisdiction. This means the court wasn't convinced
the Delhi High Court had the authority to hear the case based on the geographical
location of the parties or the alleged infringement.
 The court rejected the respondent's argument that the suit should be dismissed for
not undergoing mandatory pre-institution mediation as the appellant sought urgent
relief.

Current Status:
 The appellant has appealed the dismissal of their plaint, arguing that they have
established a prima facie case for territorial jurisdiction.
 The respondent has filed cross-objections, challenging the rejection
Day – 28 (Tuesday)

31/10/23

Entry time – 11:00 am

Exit time – 03:00 pm

On the twenty – eighth day of my internship I was given a judgement to read and its main
focus area was section 23 of Maintenance and Welfare of Parents and Senior Citizens Act,
2007 (for short, ‘the 2007 Act’).

Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (the
2007 Act) deals with situations where a senior citizen transfers their property and faces issues
with receiving promised care or maintenance. It has two main parts:

1. Property transfer deemed void under certain circumstances:

 If a senior citizen transfers their property (by gift or otherwise) with the condition that
the recipient (transferee) will provide them with basic amenities and physical
needs, and
 The transferee refuses or fails to provide these promised amenities and needs,

Then, the transfer of property can be declared void at the senior citizen's option. This
means the senior citizen can potentially get their property back. However, this option is only
available if:

 The transfer happened after the 2007 Act came into effect, and
 The senior citizen can prove that the transfer was made with the condition of
receiving care and that the condition was not fulfilled.

2. Right to receive maintenance from transferred property:

 If a senior citizen has a right to receive maintenance from an estate


(e.g., inheritance), and
 The estate or part of it is transferred to someone else (transferee),

The senior citizen can still enforce their right to receive maintenance from the transferee
under certain conditions:

 The transferee knew about the senior citizen's right to maintenance, or


 The transfer was done without any payment (gratuitous) to the transferee.

However, if the transfer was done with payment (for consideration) and the transferee didn't
know about the maintenance right, the senior citizen cannot enforce their right against the
transferee.

Important points to remember:

 This section aims to protect senior citizens from being exploited by individuals who
take their property in exchange for promising care but then fail to deliver.
 The senior citizen needs to take the initiative to declare the transfer void or enforce
their right to maintenance. This might involve legal proceedings.
 It's advisable for senior citizens to seek legal advice before transferring property and
ensure any agreements regarding care and maintenance are properly documented.
Day – 29 (Wednesday)

01/11/23

Entry time – 11:00 am

Exit time – 03:00 pm

On the twenty – ninth day of my internship I was instructed by my senior to write an


application under section 5, 11, 12 of hindu marriage act, 1955 HERE IS THE GENERAL
FORMAT I USED WHILE DRAFTING

1. Heading: Start your application with the court's name and address.
2. Title: Mention "In the matter of..." and provide your name and spouse's name.
3. Introduction: Briefly introduce yourself and your relationship with the respondent
(your spouse).
4. Grounds for Application:
o Section 5: If your application falls under Section 5, which deals with
conditions for a Hindu marriage, clearly state which condition(s) were not met
during your marriage.
o Section 11: If you believe your marriage is void under Section 11, which deals
with void marriages, specify the ground(s) that make your marriage null and
void (e.g., bigamy, prohibited relationships).
o Section 12: If you consider your marriage voidable under Section 12, which
deals with voidable marriages, state the specific ground(s) that make it
voidable (e.g., unsound mind, force, fraud).
5. Relief Sought: Clearly state the specific relief you are seeking from the court, such as
declaring the marriage null and void, annulment, or dissolution of marriage.
6. Verification: Conclude your application by verifying the contents as true and correct
to the best of your knowledge.
7. Signature and Date: Sign and date the application.
Day – 30 (Thursday)

02/11/23

Entry time – 11:00 am

Exit time – 03:00 pm

On the thirtieth day of my internship my senior asked me to come to the district court to
attend and observe proceedings and asked to take some of the documents from the filling
section of the court and there was this incident which was one of the valuable teachings was
given by my senior

1) First it was to carry loose A4 size paper we as advocates will never know
when we will be required to write any application in favour of our clients
2) Never say to any fellow advocates that I’m not representing case because the
client didn’t pay it creates a very bad image not only among the fellow
advocate’s nut also among our clients
Day – 31(Friday)

03/11/23

Entry time – 11:00 am

Exit time – 03:00 pm

It was the thirty – first day of my internship as the regular routine goes by, I gathered all the
necessary document and went to district court and firm clerk asked me to go to the family
court to assist my senior regarding a family suit

It was based on the section 12 of the hindu marriage act 1955

Section 12 of the Hindu Marriage Act, 1955 deals with situations where a marriage can
be annulled, meaning it is declared null and void from the beginning.

Here's a breakdown of its key points:

Grounds for annulment:

 Impotence: This refers to the permanent inability to consummate the marriage due to
physical reasons.
 Bigamy: If either spouse was already married at the time of the current marriage.
 Unsound mind: If either spouse was of unsound mind at the time of the
marriage, unable to understand the nature and consequences of the ceremony.
 Consent: If the consent of either spouse was obtained by force, fraud, or coercion.
 Pregnancy by another person: If the wife was pregnant by another person at the
time of the marriage, without the husband's knowledge.
 Prohibited relationship: If the marriage is between parties within prohibited degrees
of relationship (close relatives).

Important points to remember:


 The petition for annulment must be filed within a specific timeframe depending on the
ground, typically one year after discovering the ground.
 There are certain exceptions where the court may not grant annulment even

LAST DAY 4/11/23

On this day CERTIFICATE WAS GIVEN our senior asked us about the experience
we all had during this internship and valuable teaching we got and then also one last
time my senior asked me assist me in the district

It was one was the family suit & special civil suit

The main focus area was section 13 hindu marriage act 1955 and special relief act
1963

Section 13 of the Hindu Marriage Act, 1955: Grounds for Divorce

This section lays out various grounds on which a Hindu spouse can file for a divorce.
It's crucial to note that this explanation is for general knowledge only and not legal
advice.

Grounds for divorce:

 Adultery: Engaging in sexual intercourse outside the marriage.


 Cruelty: Physical or mental abuse making it impossible to live together with
reasonable safety.
 Desertion: Without reasonable cause for a continuous period of one year or upwards.
 Neglect: Wilful neglect to maintain the other spouse adequately according to their
means and status.
 Conversion: Conversion to another religion after the marriage, if it creates reasonable
grounds for believing that the converted spouse intends to completely break off the
matrimonial relationship.
 Unsound mind: Continuously of unsound mind for a period of not less than five
years.
 Leprosy: Suffering from leprosy in a communicable form.
 Venereal disease: Suffering from a communicable venereal disease in a
communicable form.
 Non-resumption of cohabitation: When a decree for judicial separation has been
obtained on the ground of desertion or any other ground except adultery, and there has
been no cohabitation for a continuous period of one year or upwards after the passing
of the decree.
 Impotence: If the petitioner, at the time of the marriage, was incapable of
consummating it and remains so incapable.
 Refusal to consummate the marriage: If the respondent, without reasonable
excuse, refuses to consummate the marriage within one year after its solemnization.
 Living separately for a continuous period of one year or upwards: Both spouses
having lived separately for a continuous period of one year or upwards after the
marriage, with mutual consent.

Important Points:

 The court has discretion to grant or deny divorce based on specific circumstances.
 Additional grounds may exist under other sections of the Act.
 Consulting a lawyer specializing in family law is crucial for specific legal guidance.

Special Relief Act, 1963: Specific Remedies

This Act offers specific legal remedies for enforcing rights and preventing wrongs,
beyond just monetary compensation.

Key sections:

 Section 34: Cancellation of instruments: Provides court orders nullifying contracts or


documents procured by fraud, misrepresentation, or mistake.
 Section 35: Rectification of instruments: Allows correcting errors in contracts or
documents to reflect the true intentions of the parties.
 Section 40: Mandatory injunctions: Compels a party to perform a specific act
necessary to fulfill their legal obligations.
CONCERNED LAWS RELATING TO THE STUDY

Civil Procedure Code, 1908:


Section 9:
 Jurisdiction of Courts: Establishes the authority of various courts to try different
types of civil suits based on subject matter, territorial limits, and pecuniary value.
 Key Considerations: The level of court (e.g., district court, high court) where a suit
can be filed depends on factors like the case's nature, the amount claimed, and the
location of parties/property involved.
Section 133:
 Pecuniary Jurisdiction of Courts: Sets monetary limits on the value of suits
different courts can handle.
 Key Considerations: Exceeding a court's pecuniary jurisdiction can lead to the suit
being dismissed or transferred to a higher court.
Section 21:
 Objections to Jurisdiction and Their Resolution: Outlines how disputes over a
court's jurisdiction are raised and addressed through procedures like
objections, affidavits, and evidence.
 Key Considerations: Understanding jurisdictional objections is crucial to ensure
your lawsuit is filed in the proper court, avoiding delays and potential dismissal.
Summary Suit:
 Simplified Procedure for Recovering Debts or Enforcing Contracts: Aims to
resolve undisputed claims more quickly and efficiently than regular civil suits.
 Key Considerations: Eligibility for summary suits depends on specific criteria, such
as the nature of the claim, the absence of genuine disputes, and adherence to
prescribed formats.
Rejection of Plaint:
 When a Court Deems a Lawsuit Document Defective or Inadmissible: Occurs
when the plaint (initial document initiating a lawsuit) doesn't meet legal requirements
or lacks sufficient grounds.
 Key Considerations: A rejected plaint doesn't bar refiling with necessary
corrections, but it's crucial to understand reasons for rejection to avoid repetition.
Special Relief Act, 1963:
Sections 34, 35, 40:
 Specific Remedies Beyond Monetary Compensation: Empower courts to grant
specific orders to enforce rights, prevent wrongs, or rectify situations.
 Section 34 (Cancellation of Instruments): Allows nullifying contracts/documents
procured through fraud, misrepresentation, or mistake.
 Section 35 (Rectification of Instruments): Enables correcting errors in
contracts/documents to reflect true intentions.
 Section 40 (Mandatory Injunctions): Compels a party to perform a specific act to
fulfill their legal obligations.
 Key Considerations: Each remedy has specific requirements and
limitations. Consulting a lawyer is essential for determining eligibility and navigating
the legal process.
Transfer of Property Act, 1882:
Sections 54, 55:
 Transfer of Immovable Property: Regulates transferring ownership of land and
buildings through sale, gift, mortgage, etc.
 Section 54: Defines "transfer of property" as the act of passing ownership from one
person to another.
 Section 55: Outlines general conditions for valid transfers, like the transferor's
capacity, consent, legal object, and consideration.
 Key Considerations: Understanding transfer requirements is crucial for ensuring
legally valid property transactions.
Hindu Marriage Act, 1955:
Sections 5, 11, 12, 13:
 Marriage Conditions, Void/Voidable Marriages, Relief Available: Governs
marriages among Hindus, setting conditions, procedures, and grounds for dissolution.
 Section 5: Prescribes conditions for a valid Hindu marriage, like age, mental
capacity, consent, and prohibited relationships.
 Section 11: Declares marriages void ab initio (null from the beginning) under certain
circumstances like bigamy, prohibited relationships, or unsound mind.
 Section 12: Defines marriages voidable under specific conditions like forced
consent, impotency, or pregnancy by another person.
 Section 13: Outlines various grounds for seeking divorce, including
adultery, cruelty, desertion, and others.
 Key Considerations: These sections have legal complexities and
exceptions. Consulting a lawyer specializing in family law is crucial for specific
situations and legal actions.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007:
Section 23:
 Protects Senior Citizens from Property Exploitation: Enables senior citizens to
potentially reclaim property transferred in exchange for unfulfilled care promises.
 Key Considerations: Specific conditions and procedures apply. Legal guidance is
essential to understand eligibility and navigate the process.
OBSERVATION

1. Core Responsibilities:

 What were your daily/weekly tasks?


 My task was gathering all the important documents and report my senior in the
concerned court
 Did you meet or exceed expectations?
 I fully met my expectation somewhere it exceeded too
 What specific skills did you use/develop?
 Typing, drafting and research of any relevant judgement
 What challenges did you face and how did you overcome them?
 Research for any relevant judgement which would support my case and I overcame by
hard work researching day and night

2. Learning & Development:

 What new knowledge or skills did you gain?


 Research any relevant case, drafting and typing
 What surprised you about the industry/workplace?
 Law firms may start at 11:00 am but they have high quantum of work
3. Teamwork & Communication:

 How did you collaborate with colleagues/supervisors?


 While researching the relevant case which would help my case, we all collaborated

4. Firm Culture & Values:

 What was the work environment like?


 Work environment was very positive and light atmosphere was maintained by senior
so that interns doesn’t feel nervous
 Did the company values align with your own?
 Yes I had an interest in the

 How did the company promote teamwork, diversity, and inclusion?


 What impressed you about the company culture?

5. Future Career Trajectory:

 Did this internship solidify your career path?


 What new career paths did you discover?
 What skills do you need to develop for your future career?
 Did you build any valuable professional connections?
CONCLUSION

In conclusion, my internship at [INAMDAR & ADVOCATES] provided me with a valuable


opportunity to gain hands-on experience in [Field of litigation]. My key takeaways include
[1) analysing cases 2) drafting 3) communication manner in court]. Through challenging
tasks and collaborative task, I was able to [ research in various cases, drafting several
applications]. This experience has strengthened my passion for [litigation] and equipped me
with the skills and knowledge to pursue my career in litigation. I am grateful for the guidance
and support of [ Mr JAIMIN INAMDAR & ARTI INAMDAR] and would highly
recommend this internship to anyone interested in [LITIGATION].

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