Professional Documents
Culture Documents
3rd Year Court Diary
3rd Year Court Diary
I here by declare that I have completed the Summer Training Project Report titled
‘LEGAL STUDY’. The project work entitled submitted to the Guru Gobind Singh
Indraprastha University is record of an original work done by me under the guidance
of Ms Akshita Gupta, Lecturer, Chandra Prabhu Jain College of Higher Studies and
School of Law.
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CERTIFICATE
This is to certify that Jasender Singh, student, Chandra Prabhu Jain College of
Highis Studies and School of Law (2015-2020) has completed his summer training
work project entitled ‘LEGAL STUDIES’ under my supervision. This work is
authentic and genuine.
Signature
AKSHITA GUPTA
ASSISTANT PROFFESOR
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ACKNOWLEDGEMENT
I wish to express my deepest gratitude to my mentor Ms. Akshita Gupta for her
valuable advice and guidance in all the stages of this work, without her help this
study would never have been possible.
Also, I express my deep sense of gratitude to Prof. Dr. Neeta Berri , Principal, School
of Law. The uphill task of completing this report would not have been possible,
without her able supervision and timely guidance.
My special thanks to Mehta & Co., for providing me this opportunity to associate
myself with them for my summer training. I would also like to express my sincere
gratitude to sir for providing me the most valuable guidance and affable treatment
given to me at every stage to boost my morale and also helping me in learning law
related procedures and activities, which helped me to add a feathers in my cap.
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TABLE OF CONTENTS
1. Overview 7
7. Family Courts 17
9. Proceedings Attended 19
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10. Conclusion 36
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OVERVIEW
During the span of approximately one month of my internship with Mehta & Co., I visited several
courts to observe various stages of matrimonial, civil and criminal cases.
I was also given the opportunity to sit during discussion with clients. I was aligned to attend
arbitration proceedings before various arbitrations for out of court settlements.
Summer internship helped me knowing the application of law. I had seen the interpretation,
function of law in court. It does play a vital role in every individual’s life and aliens. It gave life
to those books which I have read under the curriculum. It depicts in my mind that in democratic
India laws are not only written document but implemented in the court of law.
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IMPORTANCE OF LEGAL INTERNSHIPS
Internship is an important part of academic curriculum because they help one gain practical
knowledge and experience required for excelling in their respective fields. Legal internships are
not an exception to this rule. Legal internships help law students decide their respective areas of
interest out of a plethora of opportunities offered by legal education, be it career in a corporate
firm, litigation, academics or working for NGOs.
1. Internships are one of the modes of practical training in the sphere of legal education. Apart
from the moots, legal aid and legal writing it forms the core component of practical acquisition
and assimilation of law teaching syllabus for the student.
2. The process of internship provides the student with an opportunity to study and examine
the structure and behavior of organisations. It shows to them the nature of legal framework of the
institutions and concerned issues. Students get the benefit of an exposure to law in action rather
than law in books and thus help them in due acquisition of legal expertise.
Benefits of internship
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Legal internships are primarily research and drafting oriented
Research: Research constitutes an important aspect of any internship whether it is a law firm or a
court internship. Hence one needs to be well acquainted with various legal research tools, the
prominent being Manupatra, Lexis Nexis , Westlaw etc.
Drafting: Drafting skills require lots of hard work and patience. One needs to be well versed with
the various drafting specimens and formatting skills in order to undertake and complete such
assignments properly. Apart from these, assignments may include proof reading of various legal
documents, observance of court proceedings, making notes on various legal issues etc. and other
depending on the nature of the internship.
More above the drafting and researching work internships are important to know about the
practical use of the terms learnt in the books the meaning of an advocate to the jurisdiction of the
court could be learnt more easily through the medium of the internship. The court has a lot more
that the judge, lawyer and the parties and the internship is the appropriate way of understanding
the working of court and applicability of the theory.
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HISTORY OF DISTRICT COURTS
Delhi as a district legal entity was recognised by the Proclamation Notification No.911 dated
17.09.1912 issued by Governor General of India in Council. By this Notification, Delhi came under
the immediate authority and management of the Governor General of India in Council and Mr.
William Malcolm Hailey, C.I.E., I.C.S. was appointed the first Chief Commissioner of Delhi.
Simultaneously the Delhi Laws Act, 1912 was enacted for enforcing the existing laws in Delhi.
On 22.02.1915 the area falling on the this side of the river Yamuna (now known as Trans
Yamuna) was also included in the newly created province of Delhi.
CIVIL COURTS
During the year 1913, the Delhi Judiciary consisted of 1 District & Sessions Judge, 1 Senior Sub
Judge, 1 Judge, 1 Small Causes Court, 1 Registrar, 1 Small Causes Court and 3 Sub-Judges.
Two Courts of Sub-Judges were added in 1920. These Courts continue to function, although due
to exigencies some temporary measures were adopted to clear back logs etc. In 1948, one more
post of Sub-Judge was created to enforce the Rent Control Act. Thereafter six temporary Courts
of Sub-Judges were created in 1953. In 1959, the strength of the Sub-Judges went up to 21. At
that time this was one District & Sessions Judge and four Additional District & Sessions Judges.
Till 1966 the District Courts of Delhi remained under the administrative control of Punjab High
Court when Delhi High Court was established.
CRIMINAL COURTS
According to Delhi District Gazetteer (1912), the District Magistrate was responsible for the
administration of criminal Justice, being Chief Magistrate and Supervisor of the police, as far as
their duties related to crime.
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One of the first-class magistrates had always the powers of District Magistrate to enable him to
try serious cases, and thus the District Magistrate and Section Judges were relieved of
undesirable strain. The honorary magistrates were all but two located in Delhi itself, where they
usually sat as a bench for the trial of minor offence (chiefly assault cases), which occurred in the
city.
A bench consisting of a Hindu and a Mohammedan, with Second-Class powers, was constituted
for Raisina (New Delhi) in 1912 to deal with cases within the limits of the Imperial Delhi
Municipal Committee to which the exercise of their powers was confined. The Najafgarh Bench
of two Magistrates with Third Class powers was constituted in 1921, having the power
throughout the province.
During 1926, thise were two First-Class and one Second-Class Honorary Magistrates at Delhi.
The comparative strength of criminal courts in the Union Territory of Delhi during 1951 and
1961.
The institution of honorary magistrates was abolished in Delhi in October 1969. The magisterial
strength in 1972 consisted of one District Magistrate, three Additional District Magistrates and
twelve Sub-Divisional Magistrates.
Prior to the separation of judicial and executive functions, the entire Magistracy used to function
under the direct control of the District Magistrate of Delhi. Under the new setup, The Judicial
Magistrates were placed under the direct control of the High Court. The Chief Judicial
Magistrate exercised most of the powers under the Criminal Procedure Code previously
exercisable by the District Magistrate.
For the proper implementation of the scheme of separation, Section 5 of the Criminal Procedure
Code 1898 (as amended by Act 19 of 1969) streamlined the sphise of duties of both the Judicial
and Executive Magistrates. The Judicial Magistrates were to deal with the matters which
involved the appreciation of sifting of evidence or the formulation of any decision which exposes
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any person to any punishment or penalty or detention in custody pending investigation, inquiry
or trial or would have the effect of sending him for trial before any court. But where such
functions related to matters that are administrative or executive in nature, such as the grant of
licence, sanctioning a prosecution or withdrawing from a prosecution, they fell within the
purview of an Executive Magistrate. In brief and Executive Magistrate was to deal with matters
concerning law and order and with preventive measures while offences, under IPC, special or
local laws, including petty offences came to be tried by Judicial Magistrates.
The new Code of Criminal Procedure 1973 (Act No 2 of 1974) came into force on 1st of April
1974. The Code specifically provided for two types of Magistrates viz. Judicial Magistrates and
Executive Magistrates. The towns having population exceeding one million could be declared as
Metropolitan Areas. With effect from 1st April 1974 Delhi was declared the Metropolitan Area
by a notification under Section 8 (1) of Criminal Procedure Code, 1973 being notification No.
155 dated 28th March 1974 of the Ministry of Home Affairs, New Delhi, published in Gazette of
India (Extra) Part II Section 3 (ii).
Code. Section 18 of the Code also provided for Special Metropolitan Magistrates. As against
these Metropolitan Magistrates the othis Magistrates created by the Code were Executive
Magistrates with powers distinct from those given to the Metropolitan Magistrates. The
Metropolitan Magistrates, the Chief Metropolitan Magistrate and the Additional Chief
Metropolitan Magistrates are subordinate to the Sessions Judge whereas the Executive
Magistrates are placed under the subordination of the District Magistrate.
1. Metropolitan Magistrates
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3. The Sessions Judge / Additional Sessions Judges
The entire judicial district of Delhi, which is now National Capital Territory of Delhi, is
comprised in one Sessions Division. It is headed by one Sessions Judge. It has one chief
Metropolitan Magistrate and four Additional Chief Metropolitan Magistrates. The number of the
courts of the Sessions and Courts of Metropolitan Magistrates varies from time to time
depending upon the quantity of work and the number of officers available at a time for presiding
over these courts.
On 27th August 1970 two judicial services were created for Delhi, namely Delhi Higher Judicial
Service and Delhi Judicial Service. The strength of these two services has continuously
increased. Now the sanctioned strength of Delhi Higher Judicial Service is 187. The Delhi
Judicial Service has 283 posts
(Source: http://delhicourts.thc.nic.in/history.html).
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THE CIVIL COURT STRUCTURE
CPC provides a clear distinction between order, judgments and decrees. These terms have
distinct meanings. Section 2(2) of Civil Procedure Code (CPC) defines the term 'decree' as the
formal expression of an adjudication which so far regards, the court expressing it, conclusively
determines the rights of the parties with regard to all or any of the matters in controversy in the
suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint
and the determination of any question within Section 144, but shall not include: (a) any
adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal
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for default. There is an explanation to it: A'decree' is preliminary when further proceedings have
to be taken before the suit can be completely disposed of the suit. It may be partly preliminary
and partly final. A decree must be drawn separately after a judgment.
Section 2(9) of CPC defines a 'judgment' as the statement given by a judge of the grounds of a
decree or order. A distinction can be made between a decree and a judgment. It is not 2.1 Decree,
Judgment and Order 177 necessary for a judge to give a statement in a decree whereas it is
necessary in a judgment. A judgment contemplates a stage prior to the passing of a decree or an
order and after the pronouncement of the judgment, a decree shall follow.
Section 33 of CPC defines an 'order' as a formal expression of any decision of a civil court which
is not a decree. In other words, the adjudication of a court which is not a decree is an order.
Stated differently, the adjudication of a court of law may either be (a) a decree; or (b) an order
and cannot be both. There are some common elements in both of them, for instance, (i) both
relate to matters in controversy; (ii) both are decisions given by a court; (iii) both are
adjudications of a court of law; and (iv) both are formal expressions of a decision
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WORKING OF THE COURTS IN CIVIL CASES
SUPREME COURT
HIGH COURT
DISTRICT COURT
(District Judge)
CIVIL JUDGE
Thise are many more branched out posts of the Judicial Officers at the district court level as per
the requirements of the Courts.
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STRUCTURE AND FUNCTIONING OF CRIMINALCOURTS IN INDIA
Administration of criminal justice is carried out through Magistrate Courts and Sessions Courts.
The hierarchy of criminal courts is given below. The Indian Panel Code, 1860 (IPC), together
with other penal laws' constitutes India's substantive criminal law. The IPC draws inspiration
from the English criminal law and has stood the test of time. However, it cannot be selfoperative.
As a sequel to the IPC, a Code of Criminal Procedure, 1861 was enacted. The 1861 Code was
repealed after which a new Code of Criminal Procedure, 1974 (CrPC) was enacted to carry out
the process of the administration and enforcement of the substantive criminal law. The CrPC also
controls and regulates the working of the machinery setup for the investigation and trial of the
offences. In addition to the CrPC, the Indian Evidence Act of 1872 was enacted to guide the
process of investigation and trial.
Courts of Session
As per Section 9 of CrPC, the court is established by the State Government for every sessions
division. The court is presided over by a Judge, appointed by the High Court of that particular
state. The High Court may also appoint Additional Sessions Judges and Assistant Sessions
Judges in this court. It has the power to impose any sentence including capital punishment.
Section 11 of CrPC states that in every district (not being a metropolitan area), thise shall be
established as many Courts of Judicial Magistrates of the first class and of the second class and
at such places, as the State Government may after consultation with the High Court, by
notification specify. Courts of Judicial Magistrate of First Class are at the second lowest level of
the Criminal Court structure in India. According to Section 15 of the CrPC, a Judicial Magistrate
is under the general control of the Sessions Judge and is subordinate to the Chief Judicial
Magistrate. In terms of Section 29 of the CrPC, a Judicial Magistrate of First Class may pass a
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sentence of imprisonment for a term not exceeding three years, or of fine not exceeding five
thousand rupees or of both.
In every district (not being a metropolitan area), the High Court shall appoint a Judicial
Magistrate of the First Class to be the Chief Judicial Magistrate. A Chief Judicial Magistrate may
impose a sentence except (a) sentence of death, (b) imprisonment of life, or (c) imprisonment for
a term exceeding seven years. A Chief Judicial Magistrate shall be subordinate to the Sessions
Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions
Judge, be subordinate to the Chief Judicial Magistrate.
Metropolitan Magistrates
The Courts of Metropolitan Magistrates were created by Section 16 of the Criminal Procedure
Code. The Court of Chief Metropolitan Magistrate and those of The Additional Chief
Metropolitan Magistrates were created by Section 17 of the Code. Section 18 of the Code also
provided for Special Metropolitan Magistrates. The towns having population exceeding one
million could be declared as Metropolitan Areas. A Metropolitan magistrate is under the general
control of the Sessions Judge and is subordinate to the Chief Metropolitan Magistrate.
Executive Magistrates
In every district and in every metropolitan area, the State Government may appoint as many
persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the
District Magistrate. The State Government may appoint any Executive Magistrate to be an
Additional District Magistrate and such Magistrate shall have such of the powers of a District
Magistrate under this 179 Code or under any other law for the time being in force as may be
directed by the State Government.
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Special Executive Magistrates
Under Section 21 of the CrPC, the State Government may appoint, Executive Magistrates, to be
known as Special Executive Magistrates, for particular areas or for the performance of particular
functions and confer on such Special Executive Magistrates such of the powers as are
conferrable under this Code on Executive Magistrates, as it may deem fit.
The Court at the lowest level is called Judicial Magistrate of the Second Class. This Court is
competent to try the case if the offence is punishable with imprisonment for a term not exceeding
one year, or with fine not exceeding five thousand rupees, or with both. The First Class
Magistrate is competent to try offences punishable with imprisonment for a term not exceeding
three years or with fine up to ten thousand rupees.
(i) Framing of charge or issuance of notice (ii) Recording of prosecution evidence (iii) Statement
of accused (iv) Defence evidence (v) Final arguments (vi) Judgment
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FAMILY COURTS
The Family Courts in India deal with matters related to matrimonial relief which includes nullity
of marriage, judicial separation, divorce, restitution of conjugal rights, declaration as to the
validity of marriage and matrimonial status of the person, property of the spouses or any of them
and declaration as to the legitimacy of any person, guardianship of a person or custody of any
minor, maintenance including the proceedings under the CrPC. The Family Courts Act, 1984 in
India was enacted on 14 September, 1984 to provide for the family courts with a view to
promoting conciliation in and secure speedy settlement of disputes relating to marriage and
family affairs. The objective was to take family and marital disputes away from the overcrowded
intimidating and congested environment of traditional courts of law and bring them to congenial
and sympathetic surroundings. The aim was 'conciliation' between the estranged family members
and not 'confrontation'. The emphasis was on a non- adversarial method of resolving family
disputes The Act stipulates that a party is not entitled to be represented by a lawyer without the
express permission of the Court. However, invariably the court grants this permission and
usually it is a lawyer which represents the parties. The most unique aspect regarding the
proceedings before the Family Court is that they are first referred to conciliation and only when
the conciliation proceedings fail to resolve the issue successfully, will the matter be taken up for
trial by the Court. The Conciliators are professionals who are appointed by the Court. Once a
final order is passed, the aggrieved party has an option of filing an appeal before the High Court.
Such appeal is to be heard by a bench consisting of two judges.
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OBSERVATION AT COURT ROOM
AHLMAD ROOM:
Each district court, irrespective of being civil or criminal has an Ahlmad Room, which is record
room or file room for each of the courts. They are meant to maintain the court case files, which
are kept according to the dates and orders. It is the task of the record keeper to send files to the
court on the date of hearing. After the dismissal of cases, it sends to the record room.
CAUSE LIST:
Each court has a cause list, which is a systematic arrangement of the court cases to be heard on
one day. This cause list is available at the court door and their website as well as after putting
requisite information calls out is made according to the order in such cause list at the courts.
Each court complex has its own police lock up where the arrested person or the accused are kept
before the Hon’ble Magistrate for the extension of judicial/police remand.
RECORD ROOM:
Record room is a room where all the case files are kept. Whenever any person or counsel
inspects the case files, one can apply of inspection through a form along with respective court
room reference name and a court stamp of Rs.5/-(for ordinary inspection) or Rs.10/-(for special
inspection).
PASSES:
The Delhi High Court has a system of passes where in the litigants and the staffs apply for pass
through forms which is signed by the legal personal after taking an identity proof.
CASE STATUS:
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The Court Clerk of the Judge/Magistrate has to update the Court website everyday with the
respective orders in the cases given by the Presiding Officer. This new electronic form of case
status is very convenient and user friendly as well as fast and efficient. With a click of a button,
one can find a case with all its respective details on the court website and get instantly updated
about last court’s proceeding.
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PROCEEDINGS ATTENDED
Court
Rajesh Gupta
Vs
The complainant lodged FIR against the accused i.e. Suresh Yadav. The accused has
been prosecuted under section 380, 420, 448, 467, 468, 471, 506, 120-B, 34 of IPC.
The complainant filed a complaint under section 200 of CrPC
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The matter was presented for arguments in the court but the IO was not present. The
judge gave warning to IO and last opportunity to appear in the court as on 14th September
2019.
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CASE 2 11th July 2019
Vs
The property in question is an ancestral property therefore the defendant partitioned the
property orally and as per the settlement the plaintiff is given no share.
The plaintiff as per the HMA, 1955 has a right in the property being the wife of the son of
defendant.
Matter of the same parties relating to dispute of the same property is pending before
another court so this case should also be transferred to that court.
Application for transferring of the case was to be given but the judge was on the leave next
date is for 9th August 2019
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CASE 3 12th July 2019
State
Vs
Santosh
Complaint (FIR) has been filled against 6 accused out of which 4 are represented by
Advocate A.K Mehta.
Complaint against accused under Section 451/ 506/ 34 of IPC. Allegations were of
forcefully making the complainant and other tenants to vacate the house.
The matter under discussion is who the main accused is.
Application for exemption from court was submitted by me on behalf of the advocate as
he was in Delhi High Court.
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The main accused was suspected to be Accused No.1 and investigation against him is to
be done.
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CASE 4 15 July 2019
Rohini Courts
State
Vs
Sehdev Rao
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The magistrate was on the leave on the date of hearing so the next date was given as on
22nd July 2019.
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CASE 5 17 July 2019
Daljeet Singh
Vs
Harvinder Singh
Matter of same parties is already pending in different court therefore transfer application
is given in that court.
Defendant listed is petitioner in the same property’s matter in different suit. And in the
present suit instituted all the allegations against the defendant-2 are pointless and she by
law has a right over the property.
The matter was on argument but the judge was on leave.
The next date for the matter was given for 4th September 2019.
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CASE 6 19 July 2019
State
Vs
FIR u/s 147, 149, 186, 353, 332, 427, 188 of IPC and 3&4 Prevention of Damage to Public
Property
The matter was against 25 listed accused of creating vandalism in the District and
Session Court, Tis Hazari as well as not following court’s order.
The charges were Sections 147, 149, 186, 353, 332, 427, and 188 of IPC.
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Matter related to the same dispute against accused is before Delhi High Court which is
likely to be disposed of in January.
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CASE 7 22nd July 2019
Rohini Court
State
Vs
Sehdev Rao
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CASE 8 24th July 2019
Saket Court
VS
Noor mohommad
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CASE 9 26th July 2019
Rohini Court
Ravi Singhal
VS
Rajiv Dixit
The decree has been passed in the favour of the client so the opposite party has filed the
appeal against the decree
The proxy counsel on behalf of my senior requested the court to give time to file reply to
the appeal and also the proxy counsel filed vakaltnama
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BIBLIOGRAPHY
Online references :
https://en.wikipedia.org/wiki/Supreme_court
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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 world, one cannot
understand the analytical and positive application of law and jurisprudence and the actual
function and structure of law. What we study is the body, but what we have learned from this
internship is the mechanism of this body.
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 evolution 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 laws, they must always be
faithful to the Constitution, which is the most supreme law of the land and governs all equal
and unequal in respect of each other.
It was a great experience working under the guidance of Advocate A.K Mehta and other
associates. All of them were very understanding and cooperative. They guided me at every step
and helped me in learning the technicality of legal work. They taught me how to deal with
clients and how to counsel them. Working under the guidance and leadership of A.K Mehta Sir
was an immensely enriching experience for me. I would also like to thank my respected college
and teachers for their guidance and help, without them this project could never be a reality.
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