SUMMER INTERNSHIP REPORT CONDUCTED AT

TIS HAZARI DISTRICT COURT

Submitted in partial fulfillment of the requirements

for the award of the degree of

BA LL.B

To

Guru Gobind Singh Indraprastha University, Delhi

Intrenship Co-ordinator: Submitted by:

Shivangi Sharma Student Name:
Vanita Soni
Roll No:
04019103817

CENTRE FOR LEGAL STUDIES

GITARATTAN INTERNATIONAL BUSINESS SCHOOL
DELHI-110085
Batch (2017-2022)
 CERTIFICATE

I, Vanita Soni, Enrolment No. 04019103817 certify that the Summer Internship is conducted
by me and the Report submitted is an authentic work carried out by me at Prakash And
Associates. The matter embodied in this Report has not been submitted earlier for the
award of any degree or diploma to the best of my knowledge and belief.

Signature of the Student

Date:

Certified that the Summer Internship Report conducted by

by Ms. Vanita Soni , Enrolment No.04019103817,

Conducted at Prakash and Associatesis completed under my guidance.

Signature of the Guide

Date:

Name of the Guide:

Designation:

Countersigned

Summer Internship Coordinator Principal/ Director

 ACKNOWLEDGEMENT

I, Vanita Soni owe this moment of satisfaction with deep sense of gratitude to Mr
Navin Prakash, Advocate, without whose constant guidance this internship would
have been impossible. I am thankful to him for his invaluable teachings, guidance,
advice given to me, for helping me in exploring and understanding the Court
process better. Nothing concrete can be achieved without an optimal combination
of inspiration and perspiration. No work can be accomplished without taking the
guidance of experts. It is only the critiques from ingenious intellectual that help to
transform a product into a quality product.

I thank all his associates, Who have given their precious time for making me
understand the various miscellaneous court procedures like filing of certified
copies, process fee etc. And made me learn the court procedure and also ignored
my mistakes during the proceedings and helped me correct them.
 CHAPTER 1 :

LEGAL DELIVERY SYSTEM AT DISTRICT LEVEL

1.1 EVOLUTION OF COURT SYSTEM IN INDIA

Having the distinction of being one of the world's oldest civilisations, religious
prescriptions in ancient India set the course for our legal system. By 400 BC, society
realised the importance of statecraft and economic policy as in the Arthashastra. Also,
Manusmriti spelt out laws in a comprehensive manner, followed by the Yajnavalkya
Smriti, which explained the conduct a person must follow in a civilised society and the
legal procedures to be followed when it is misappropriated.

The Mughal Era had twelve ordinances of Jehangir and the Fatawa-i-A Xat, a digest of
Muslim law. Judicial officers followed the Quranic interpretations of law or the Fatawas.
However, customary law was widely used and the principles of equity and speedy
disposal of justice were paramount. Punishments like whiplashing, confinement and
death were introduced in this era.

Until the 19th century, India saw court systems evolve, dealing with civil suits and
criminal cases, as well as developing the basis for equity, justice and to some extent,
secularism. The British era brought with it the common law system and law based on
judicial precedents. The Mayor’s Courts established in 1726 laid the basis for the court
system that we have today, while extinguishing the Mughal legal system. The First War
of Independence in 1857, and the Indian High Courts Act in 1862 worked at replacing
the mayor's courts and establishing Supreme Courts and High Courts in India. During
that period, the Privy Council played the role of the highest court of appeal.

Presently, we have about 600 courts in the country including all the District courts,
High courts and the Supreme court. Ever since the British era, the court system of the
country has witnessed several changes. These changes can be witnessed in the statues
too. Many statutes that were made during the British era has undergone so many
amendments that were necessary with respect to time for the society and the people.
Our constitution has witnessed 103 amendments as per March, 2019. These
amendments are a part of evolution of law in the country.

1.2 HIERARCHY OF INDIAN COURT SYSTEM

There are various levels of judiciary in India, each with varying powers depending
upon the tier and jurisdiction bestowed upon them. They form a strict hierarchy of
precedence, in line with the order of the courts in which they sit, with the Supreme
Court of India at the top, followed by High Courts of respective states with district
judges sitting in District Courts and Magistrates of Second Class and Civil Judge
(Junior Division) at the bottom.

i. SUPREME COURT

The Supreme Court is the highest court of the country or nation, which is

established by the Constitution. According to it, the Supreme Court is a federal
court, guardian of the Constitution and the highest court of appeal. Articles 124 to
147 of the Constitution lay down the composition and jurisdiction of the Court.
Primarily, it is an appellate court which takes up appeals against judgments of the
High Courts of the states and territories. However, it also takes writ petitions in
cases of serious human rights violations or any petition filed under Article 32
which is the right to constitutional remedies or if a case involves a serious issue
that needs immediate resolution. It had its inaugural sitting on 26 January 1950,
the day India's constitution came into force, and since then has delivered more
than 24,000 reported judgments.
The Supreme Court comprises the Chief Justice and 30 other Judges.
The proceedings of the Supreme Court are conducted in English only. The
Supreme Court Rules of 1966 are framed under Article 145 of the Constitution to
regulate the practice and procedure of the Supreme Court. The same is amended
and presently governed by the Supreme Court Rules of 2013.
ii. HIGH COURT

There are 25 High Courts at the State level (including new Andhra Pradesh
HC). Article 141 of the Constitution of India mandates that they are bound by the
judgements and orders of the Supreme Court of India by precedence. These courts
have jurisdiction over a state, a union territory or a group of states and union
territories. Below the High Courts are a hierarchy of subordinate courts such as
the civil courts, family courts, criminal courts and various other district courts.
High courts are instituted as constitutional courts under Part VI, Chapter V,
Article 214 of the Indian Constitution.
The High Courts are the principal civil courts of original jurisdiction in the state
along with District Courts which are subordinate to the High courts. However,
High courts exercise their original civil and criminal jurisdiction only if the courts
subordinate to the high court in the state are not competent (not authorised by
law) to try such matters for lack of pecuniary, territorial jurisdiction. High courts
may also enjoy original jurisdiction in certain matters if so designated specifically
in a state or Federal law. e.g.: Company law cases are instituted only in a high
court.
However, primarily the work of most High Courts consists of Appeals from lower
courts and writ petitions in terms of Article 226 of the Constitution of India. Writ
Jurisdiction is also original jurisdiction of High Court. The precise territorial
jurisdiction of each High Court varies
Judges in a high court are appointed by the President after consultation with
the Chief Justice of India, Chief Justice of High Court and the governor of the
state. The number of judges in a court is decided by dividing the average
institution of main cases during the last five years by the national average, or the
average rate of disposal of main cases per judge per year in that High Court,
whichever is higher.
The Calcutta High Court is the oldest High Court in the country, established on 2
July 1862, whereas the Allahabad High Court is the largest, having a sanctioned
strength of judges at 160.
High courts which handle a large number of cases of a particular region, have
permanent benches (or a branch of the court) established there. For litigants of
remote regions, 'circuit benches' are set up, which work for those days in a month
when judges visit.
iii. DISTRICT COURTS AND SUBORDINATE COURTS

The District Courts of India are established by the State governments of India for

every district or for one or more districts together taking into account the number
of cases, population distribution in the district. They administer justice in India at
a district level. These courts are under administrative control of the High Court of
the State to which the district concerned belongs. The decisions of District court
are subject to the appellate jurisdiction of the concerned High court.
The district court is presided over by one District Judge appointed by the state
Government. In addition to the district judge there may be number of Additional
District Judges and Assistant District Judges depending on the workload. The
Additional District Judge and the court presided have equivalent jurisdiction as
the District Judge and his district court. The district judge is also called
"Metropolitan session judge" when he is presiding over a district court in a city
which is designated "Metropolitan area" by the state Government. The district
court has appellate jurisdiction over all subordinate courts situated in the district
on both civil and criminal matters. Subordinate courts, on the civil side (in
ascending order) are, Junior Civil Judge Court, Principal Junior Civil Judge Court,
Senior Civil Judge Court (also called sub-court). Subordinate courts, on the
criminal side (in ascending order) are, Second Class Judicial Magistrate Court,
First Class Judicial Magistrate Court, Chief Judicial Magistrate Court. In addition
'Family Courts" are established to deal with matrimonial disputes alone. The
Principal judge of family court is equivalent to District Judge.
Subordinate courts are also known as village courts, Lok Adalat (people's court)
or Nyaya panchayat (justice of the villages), compose a system of alternative
dispute resolution. They were recognised through the 1888 Madras Village Court
Act, then developed (after 1935) in various provinces and (after 1947) Indian
states. The model from the Gujarat State (with a judge and two assessors) was
used from the 1970s onwards. In 1984 the Law Commission recommended to
create Panchayats in rural areas with laymen ("having educational
attainments"). The 2008 Gram Nyayalayas Act had foreseen 5,000 mobile courts
in the country for judging petty civil (property cases) and criminal (up to 2 years
of prison) cases. However, the Act has not been enforced properly, with only 151
functional Gram Nyayalayas in the country (as of May 2012) against a target of
5000 such courts. The major reasons behind the non-enforcement includes
financial constraints, reluctance of lawyers, police and other government officials.
1.3 CONSTITUTION AND COMPOSITION OF DISTRICT COURT

The highest court in each district is that of the District and Sessions Judge. This is
the principal court of original civil jurisdictionbesides the High Court of the State
and which derives its jurisdiction in civil matters primarily from the code of civil
procedure. The district court is also a court of sessions when it exercises its
jurisdiction on criminal matters under the Code of Criminal procedure. The district
court is presided over by a district judge appointed by the state governor with on
the advice of state chief justice. In addition to the district judge there may be a
number of additional district judges and assistant district judges depending on the
workload. The additional district judge and the court presided have equivalent
jurisdiction as the district judge and his district court.

However, the district judge has supervisory control over additional and assistant
district judges, including decisions on the allocation of work among them. The
district and sessions judge is often referred to as "district judge" when presiding
over civil matters and "sessions judge" when presiding over criminal
matters. Being the highest judge at district level, the district judge also enjoys the
power to manage the state funds allocated for the development of judiciary in the
district.
The district judge is also called "metropolitan session judge" when presiding over a
district court in a city which is designated "metropolitan area" by the state. Other
courts subordinated to district court in the metropolitan area are also referred to
with "metropolitan" prefixed to the usual designation. An area is designated a
metropolitan area by the concerned state government if population of the area
exceeds one million or more.

The judges of subordinate courts are appointed by the governor in consultation

with the chief justice of the high court of the concerned state. A minimum of seven
years of practise as a lawyer at bar is a necessary qualification for direct entry level
to become a district judge upon a written examination and oral interview by a
committee of high court judges, the appointment of district judges is notified by
the state government. This is referred to as direct recruitment. District judges are
also appointed by way of elevation of judges from courts subordinate to district
courts provided they fulfill the minimum years of service but unfortunately the
entry level district judge exams have caused the judges on the lower rungs of the
judiciary to become lax as their chances of filling up posts for the work they had
done may never fructify to promotions because of posts later being filled up by
lawyers directly becoming district judges.
The next level of ascendancy for a district judge who served sufficient number of
years is the post of high court judge. High court judges are usually appointed from
a pool of advocates practicing at the bar of the high court and district judges who
served for sufficient number of years. This has also caused district judges to wane
in their efficiency as they have come to realize that elevation of lawyers directly to
high court judges dampens their process of being awarded with promotions for the
work they've put in over many years of service.
A district judge or additional judge may be removed from his office by the
governor on conformation from the high court collegium.

The district court or additional district court exercises jurisdiction both on original
side and appellate side in civil and criminal matters arising in the district. The
territorial and pecuniary jurisdiction in civil matters is usually set in concerned
state enactments on the subject of civil courts. On the criminal side, jurisdiction is
exclusively derived from thecriminal procedure code. As per this code the
maximum sentence a sessions judge of district court may award to a convict
is capital punishment.
The district court has appellate jurisdiction over all subordinate courts situated in
the district on both civil and criminal matters. Subordinate courts, on the civil side
(in ascending order) are, Junior Civil Judge Court,[4] Principal Junior Civil Judge
Court, Senior Civil Judge Court (also called sub-court). Subordinate courts, on the
criminal side, in ascending order, are Second Class Judicial Magistrate Court, First
Class Judicial Magistrate Court, Chief Judicial Magistrate Court.
Certain matters on criminal side or civil side cannot be tried by a lesser court than
a district court. This gives the district court original jurisdiction in such matters.
Appeals from the district courts lie to the High Court of the concerned state.
1.4 ADMINISTRATIVE CONTROL OF DISTRICT COURT

District and Sessions Judge in the cadre of Himachal Pradesh higher judicial
services is the ministerial head of the Civil and Sessions Division. All the
ministerial staff of the subordinate Courts of the Civil and Sessions Division are
under the immediate administrative control of District and Sessions Judge. The
District and Sessions Judge is the Controlling and appointing authority of the
ministerial staff of all the Courts of his Civil and Sessions Division. The District
and Sessions Judge is also the disciplinary authority in respect of the ministerial
staff of his Civil and Sessions Division. The District and Sessions Judge is also
head of the District Judiciary and is also acting as Chairman, District Legal Services
Authority. All correspondence of the subordinate courts to the Hon’ble High Court
is being routed through the office of District and Sessions Judge. In some matters of
the subordinate Courts final action is taken by the District and Sessions Judge.

There is one post of Superintendent Grade-I, in the office of District and Sessions
Judge and all the administrative work of Civil and Sessions Division is being
looked after by the Superintendent Grade-I. Initially, the administrative files are
being dealt by the English Clerk and Leave Reserve Clerk of the office of District
and Sessions Judge and Accounts matters are being dealt by the Civil Nazir and
Naib Nazir of the office of District and Sessions Judge. The work of the
establishment of the office of District and Sessions Judge is being looked after by
the Superintendent Grade-I under the direct control of the District and Sessions
Judge. The Superintendent Grade-I is also acting as Senior Court Officer for taking
up service matters. The appointing and controlling authority in respect of the post of
Superintendent Grade-I in the Civil and Sessions Division is Hon’ble High Court of
Himachal Pradesh.

Besides this, in the Court of District & Sessions Judge, one post of Superintendent
Grade-II (Reader) has been provided to attend to the court work. Civil and Criminal
Ahlmads (Clerks) have been assigned the work of dealing Civil and Criminal cases
and they have to comply with daily orders of the Court. Similarly, in the
Subordinate Courts Civil and Criminal Ahlmads have been provided in each court
for maintaining Civil and Criminal Cases. In subordinate courts posts of Naib Nazir
and Copyist have also been provided. In subordinate Courts one post of
Superintendent Grade-II has been provided to each court except Court No.III (Una)
to attend to the administrative matters. However, Superintendents do not dispose of
any matter at their own level.
1.5 OTHER JUDICIARY BODIES AT DISTRICT LEVEL

a) Family court
Family court is a court of Equity convened to decide matters and
make orders in relation to family law, such as custody of children. In
common-law jurisdictions "family courts" are statutory creations primarily
dealing with equitable matters devolved from a court of inherent
jurisdiction, such as a superior court. Family courts were first established in
the United States in 1910, when they were called domestic relations courts
although the idea itself is much older.

b) Motor Accident Claim Tribunal

Motor Accidents Claims Tribunal MACT deals with matters related
to compensation of motor accidents victims or their next of kin .The
Tribunal deal with claims relating to loss of life/property and injury cases
resulting from Motor Accidents.MACT Courts are presided over by
Judicial Officers from the State Higher Judicial Service. Now these Courts
are under direct supervision of the Hon’ble High Court of the respective
state.

c) Green Court
The National Green Tribunal is established under the green tribunal Act for
effective and expeditious disposal of cases relating to environmental
protection and conservation of forests and other natural resources.

d) Consumer Forum
Consumer Court is a special purpose court in India that deals with cases
regarding consumer disputes, conflicts and grievances. They are judiciary
hearings set up by the government to protect the consumers' rights. Its main
function is to maintain the fair practices & contracts by sellers. Consumers
can file a case against a seller if they are cheated or exploited by sellers.
e) Mediation Process
Mediation is a dynamic, structured, interactive process where a neutral
third party assists disputing parties in resolving conflict through the use of
specialized communication and negotiation techniques. All participants
in mediation are encouraged to actively participate in the process.
 CHAPTER 2 : OFFICE PROCEDURES AT ADVOCATE'S OFFICE

2.1 CLIENT COUNSELLING

Client counselling is basically a talking therapy that allows people to discuss their
problems and difficult feelings in a safe and confidential environment.

Counselling may be of various kinds that are:

1. Face to face counseling

2. Individual or group counseling

3. Online counseling

4. Telephone counseling

In the field of law, client counselling means the process of giving advice, instruction and
opinion with respect to a cause in the court of law.

Client counseling plays a huge role and is considered to be one of the most important
aspect in the field of law. It is the first important step that a lawyer takes before taking
any action. This process helps not only the client but the lawyer too.

While undergoing the process of client counseling, a lawyer must take care of certain
things that are:

1. Nature of the case i.e., civil or criminal.

2. The counseling should take place in a quiet and safe environment where the lawyer can
listen carefully to the client and analyse the problems without interruptions.

3. Proper arrangements must be there to record the facts of the case.

4. Lawyer must maintain the confidentiality of the case.

5. Lawyer must be aware of previous litigations against the client if any, he should be
completely aware of the same.

6. Counseling must be conducted by the lawyer in more than one session if it includes
scrutiny of documents.

7. Lawyer should provide legal advice along with the consequences of the same.
2.2 IMPORTANCE OF COUNSELLING IN LAW
Practice of law includes rendering of the legal services to the client, drafting of legal
documents and presenting them in the court.

Hence, the layer has to understand the case of his client and has to be well versed with
the facts of the case. Proper understanding of the facts will help the lawyer in better
analysis of the case and the issues in that regard and moreover, will help the lawyer in
providing best possible legal advice so that his client gets the best legal remedy from the
court.

Another reason for being so important in the field of law is that the client develops
confidence in his lawyer.

2.3 COUNSELING PROCESS

Step 1 : Main aim of counseling

A lawyer must keep in mind the main aim of counseling and should not be lost in the
techniques and details of the process. The main objective is to generate the accurate
amount of information and reach to a mutually agreed upon decision.

Firstly, A lawyer must communicate the questions accurately and precisely. He should be
asking "what else occured or what else happened".

Secondly, a lawyer should maximize his client's ability and willingness to answer. This
increases client satisfaction, which often is based more upon the quality of the
relationship than the ultimate goal.

Thirdly, a lawyer must listen actively to determine the significance of statements. Having
a sponge like ability to absorb the information is very useful, but it alone isn't useful.

Lastly, decision must be made in accordance with the client's problem and the action
should be taken accordingly. Also, some actions are taken by the lawyer due to his legal
expertise.
Step 2: Developing proper communication with the client

A lawyer needs to know that counselling is basically a form of oral communication or

conversation in which the parties are constantly learning about eachother. Developing
proper communication with the client is a very important task for the lawyer. Sometimes,
lawyers lack the expertise necessary to make a psychological diagnosis. In such cases,
they should not attempt any task. People often have irrational ideas and beliefs. These
should be accepted by the lawyer in order to provide warmth to his clients and for the
better understanding of them. A lawyer may be able to see his client's situational reality
through his client's underlying psychological problems that remained somewhere
unchanged.

Step 3: Minimising hindrance in communication

Clients do not resist corporating with the lawyer simply to make life more difficult for the
lawyer. They have subjectively valid reasons for their behaviour. In the interviewing
process certain factors facilitate while others inhibit effective communication. By
recognising these, lawyer can avoid so many clashes with the client.

Step 4: Lawyer's feelings and emotions

Lawyer's preconceptions and defences interfere with accurate communication as often as

those of his clients. Therefore, a lawyer must be aware of the interface that is generated
from his side of the interaction and seek to minimize it. The legal profession tends to
pretend that it is above all the emotions. Trials are decided by cold heart evidences and
appeals are determined on an intellectual level by strictly logical arguments based on law.

Client counseling helps the lawyer to get complete narration of all the circumstances and
situations. It is important to mention here that the discussion between the client and the
lawyer is a privileged communication and it is the responsibility as well as the duty of the
lawyer that such information will be disseminated and if lawyer shares this information
he will be committing professional misconduct and an offence.

Through client counselling the lawyer provide assistance to his client so that the lawyer
can extract the possible and maximum information from his client. Counselling is mainly
concerned with giving each information to the client by the lawyer regarding his case so
that his client would take some decision about future course of action with his/her client
will consider suitable.
It is important that lawyer would understand what his/her client wants and what remedy
his/her client wants to seek from the court of law.

During my internship I attended two client counselling session taken over by my

Advocate. It was a great experience for me as I learn a lot from those session.

First thing that I learn through client counselling is to make your client comfortable and
provide him/her confidence that communication between them is priveleged one so that
your client will not hesitate in providing all the information to you.

Second important thing is that you must ensure that your client will provide you all the
information in his knowledge and also all the related facts because it is upon you to filter
the information as to what information is relevant to you in the case and what is not.

2.2 TAKING NOTES

Taking notes is just a process of writing down some important points in brief form. In
legal profession the process of taking notes is indispensible element of the profession as
lawyers certainly need to be able to obtain the facts, so they use note making process to
retain the facts more efficiently. Taking notes during the meeting with clients can help a
lawyer to provide a remedy to client through court and it can also help the lawyer during
a court Proceedings as it can help him to prepare a counter argument for the case. After
the hearing of the case during the discussion of hearing with the client the lawyer can
take a note on what strategies will likely work best with the case for the next date of the
case.

2.3 LEGAL RESEARCH

Legal research is “ the process of identifying and retrieving information necessary to
support legal decision making. However , legal research generally involves tasks such as:
Finding primary sources of law, or primary authority, in a given jurisdiction (cases,
statutes, regulations, etc.).

Legal research is considered to be one of the most important activity performed by any
lawyer practicing in any area. legal research includes finding the leading cases relating to
the issues in the particular case. Lawyer must properly understand the facts of the case so
that he/she can consider the issues to be researched. Lawyer collect the relevant data from
various authenticated resources and then filter the data to get the required information out
of it.

Research is considered to be more objective, methodical, well-determined scientific

process of investigation. Through research, a decision maker can quickly get a summary
of the current scenario, which improves his/her information base for making sound
decisions affecting future operations of organisations . It is useful to accelerate the
decision making power and it alone can make possible the satisfaction of the
determinants.

Various sources from where data can be extracted are as follows:-

Primary source may be constitutions, statues, regulations, treaties, court orders,

administrative regulations, policy material.

Persuasive Primary source may be opinions of the judges, attorney General, law minister,
a ministry of parliamentary affairs, primary authorities from a foreign jurisdiction.

Secondary source may be commentaries, law journals or periodicals, articles, textbooks,

legal encyclopedia , legal dictionary, annotations, legal opinions, surveys.

2.4 DRAFTING
The drafting is a type of technical writing used by a lawyer to express legal analysis and
it can be mean the preparation of any written legal document, a letter, a brief, a memo, or
a contract. The drafting is one of the most demanded lawyering skills in legal
professionals, it requires a knowledge of the law, the ability to deal with abstract
concepts, investigate instincts, an extraordinary degree of prescience, and organizational
skills.” The legal drafting skills began with having strong command over the language. A
lawyer must connect his words like a pearls in a string! Legal documents that are
flawless and error free, win half the case for a lawyer.

A well-drafted document is equivalent to a strong argument and can make or break a

case! A legal document whether it is contract or affidavit serves two purposes-informing
and engaging both the client and the court about the legal issue.

Given in ANNEXURE-1
2.5 FILE PREPARING
Files of different cases are prepared differently and were annexed with different
documents. It will depend upon whether the suit was civil suit, criminal suit, writ petition
or any other suit.

Generally, suit contain name of the parties, and the name of the hon’ble court before
which the suit has been filed on its first page. It is further followed by the index which
contain contents of the file then it contain memo of parties which contain details of the
parties which was duly stamped with prescribed stamp duty. Then it contain brief
synopsis of the facts of the case along with the affidavit of the deponent. Then it contain
list of documents which are presented to the court as evience in support of their
contentions. Then it contains vakalatnama of the advocate who is presenting your case,
vakalatnama is stamped with adhesive stamps of Rs.2 and Rs.5 if case is presented in
district court of each other stamp is affixed depend upon the court in which the suit has
been filed.

So , precisely we can say that a case file contain following contents:-

Case information page

1. Index
2. Memo Of Parties
3. Affidavit Of Petitioner
4. F.I.R Copy
5. ID Proof
6. Application(if any)
7. Vakalatnama

2.6 ACCOUNT SETTLING

Account settling is also the important aspect of legal profession as it requires negotiating
skills with the clients. Generally , it involves a fees of an advocate where advocate
negotiates with the client about his fees, advocate should tell about his fees before filing a
case and for client comfort fees should be in breakup as sometimes it can be difficult to
take wholesome amount in one time.

Account settling is totally done confidentially by the advocates and the internees are not
allowed to be there during their account settling.
2.7 COURT FEES

Court fees shall be levied by the courts as per the provisions of the Court Fees Act, 1870.
As per section 2 Computation of fees payble in certain suits is given.

COURT FEES FOR SOME IMPORTANT SUITS/MATTERS ARE AS

FOLLOWS:-

1. Court fees for injunction suits- Suits for a permanent injunction and
mandatory injunction can be filed before Senior Civil Judge as per the
monetary jurisdiction. The applications for an interim injunction Court fee
of Rs.1.25 is payable.
2. Court fees in title deeds matter-The disputes regarding ownership share in
properties can be filed before appropriate Court as per the value of the
property in dispute and court fee on the basis of share claimed in the said
property is to be paid. For the purpose of jurisdiction, the entire value of a
property is to be taken into consideration.
3. Court fees for appeal matters- If a case has been decided by a Civil Judge,
its appeal can be filed before the District Judge, who may hear it or assign
the same to an Addl. District Judge. Same court fee is to be paid on the
appeals, as was paid at the time of filing of the suit. Misc. Appeal against
interim injunctions is heard by the Senior Civil Judge/ Addl. Senior Civil
Judge.
4. Court fee payable for Execution Petitions- The court fee of Rs.1.25 is to
be paid while filing the execution petition. Execution of Judgement can be
claimed by attachment of the properties of the other party or in money
decree, by way of arrest. Certified copy of the degree/judgement/order is
to be annexed with the petition.
5. Court fee applicable in matrimonial matters- The court fee of Rs.15/- is to
be affixed on Divorce Petitions. On miscellaneous application court fee of
Rs.1.25 is to be affixed.
6. Court fee applicable in motor vehicle matters- The petitioner is required to
pay fixed court fee of rs.20/- on each petition.
7. Court fee applicable in criminal matters-For filing a criminal complaint,
court fee of Rs.1.25 is to be paid. If an accused is in judicial custody, no
court fee is to be paid on vakalatnama. If accused is on bail, court fee
 stamp of Rs.1.25 is to be affixed along with Lawyer Welfare Stamp of
Rs.5/-
8. Court fee applicable in certified copies- Court fees of Rs.5/- per page are
to be paid for applying certified copies.
9. Court fee applicable in matrimonial matter-Court fee of Rs.1.25 paisa with
lawyers welfare stamp of Rs.5/- is to be paid. If the party is in custody
then no court is payable.
 CHAPTER 3:FILING A CASE & COURT PROCEDURES

PROCEDURE FOR FILING A CASE AT REGISTRY

I. As FIR copy of complaint
II. Written complaint which must contain summary of the case and relief seeks for
the same
III. It must include the following
i. The nature of the court
ii. The nature of the complaint
iii. The name and address of both the parties

IV. A vakalatnama
V. Court fees in mode of stamp

VARIOUS FORMS OF COURT PROCEDURE

Annexure given at the end of report

COURT MANNERS/PROCEDURES
People need to be on time, be polite to the judge, opposing counsel and court staff, and
dress properly. Many etiquette mistakes involve talking, dress, presentation and
electronic devices being used in the court.

A lawyer or internee presenting in the court or even the people are required to abide by
the manners of the court.

Some manners which one should abide are:-

Addressing the judge

Etiquette is essential for making a good impression. This is especially true in the
courtroom, where there are many stated, unstated rules of conduct for litigants, attorneys,
jurors and other attendees.
Basic court room etiquettes
 Wear clothing that would be appropriate for business
 Arrive on time
 Turn of the electronic devices and cell phones before entering the courtroom
 Be polite to the judge and court staff
 Rise when the judge and jury enter and leave the courtroom
 Stand when speaking to the judge, making or meeting an objection, or questioning
 Do not interrupt while others are talking
 Refer to the judge as –“your honour”

as law students, the first thing I learned about the courtroom etiquette was when the judge
entered the courtroom you stood up and did not sit down until he/she did. The next thing I
learned was when you first address the court, you say, “ May it please the court, my name
is xyz..” and then you tell the judge the name of your client and state business you had
before the court that day.

HEARING AND PLEADING

Pleadings are formal written documents that are filed with the court as a part of the civil lawsuit.

The courts procedural tell you what needs to be included in a pleading, how it should look,
where it should be filed, whether there are any filing fees.

Usually a pleading must contain the name of court, the title of the lawsuit and the docket number,
if one has been assigned

A lawsuit begins when plaintiff files a complaint against a defendant. The complaint is a written
statement of the plaintiff case, usually broken up into separate claims.

APPEAL HEARING
Appeal from the decision of the district court in the civil or criminal matter lie to the high
court as per the hierarchy system of the courts, the trial courts are subordinate to the high
court to administer to the civil and criminal cases. Appeal is considered to be a process
by which the judgement of the order of the subordinate court is challenged before the
high court. The appeal can only be filed if it is specifically allowed by the law in the
specific manner as mentioned by the specific courts.
Appeal in civil matters
Appeals filed either against the order or judgement of the civil cases is considered as the
civil appeals and are governed by the civil procedural code. However, the high court has
authority to frame its own procedures and rules to conduct the civil appeals.

Appeals from original decree

The order passed by the district judge or additional district judge can be challenged
before the high court

Grounds of appeal
1. The decree passed by the court can be challenged on the basis of the facts of the
case and legal interpretation
2. In cases where the party to the dispute raises any objection with respect to the
territory of the court passing the judgement and the decree
3. On the bases of the justice relating to the incompetency of the court
4. Where there is a challenge to the interpretation of the law which are applied by
the subordinate court
5. On grounds of any defect or error in the legal proceedings of the case
6. In cases where the substantial question of law exists and it is affecting the rights
of the parties.

PROCEDURE
The appeal filed before the high court has to be in written form and is presented by the
convict or the accused person or by his advocate. In case if the convict person is in jail
authorities would file the appeal on his behalf.

The appeal filed before the court should contain clear grounds. The court has the power
to dismiss the appeal without conducting the detailed hearing if there is no sufficient
ground for interfering but this can be done only after giving the opportunity to the
accused or his advocate of being heard and present the case before the concerned court.

The appeal filed by the accused through jail authorities has also given the opportunity to
be heard unless the appeal is frivolous or which is disproportionate to the circumstances
of the case.

The appeals cannot be rejected summarily unless the term is expired for filing this appeal.
If the appeal is dismissed which is filed by the jail authorities and court finds another
petition of appeal is presented by the accused himself or through his advocate which has
not been considered by the court then the court hear such petition and dispose it if it is
required for interest of justice.

The high court dismissing the appeal has to give reasons in support and the dismissal of
the appeal has to be used cautiously

The appeal is heard and dismissed at the particular date and place of hearing is fixed by
the high court.

Procedure and limitation

The appeal in the form of memorandum is signed by the party to the case or his advocate.
The memorandum is required to contain grounds of objection to the decree or judgement
in the appeal with annexures comprising the copy of the decree or judgement the
appellant is requird to submit paid in a case where the appeal is filed against such decree.

Limitations:-

The appeal before the high court from any decree or judgement passed by the subordinate
court shall be within 90 days from the date of the decree or the order but if appeal is
applied within 30 days before the high court which has passed the decree or the
judgement. In case of seeking the review of a judgement, limitation period is 30 days and
limitation period is 90 days.

Appeal in criminal matters

Appeal by the convicted person

The person who is convicted for the offence which is punishable with imprisonment of
seven years or on a trial held by the session judge or held by to another court may appeal
to high court.

Appeal by the state

The state government has the power to appeal to the high court regarding the
enhancement of the accused in the cases where the sentence is inadequate. The
reasonable opportunity is given to the accused for challenging the enhancement of the
sentence. Also the accused person has the right to appeal for the acquittal passed by the
court.
Appeal by complaint
Upon the case of complaint filed by the complainant, the accused has a right to file the
appeal against such complaint for acquittal after seeking leave to file the appeal.

The compliant has to file the appeal within 60 days from the date of order.

Hearing
Proceedings are conducted- on the first day of hearing, if the court thinks there are merits
in the case, it will issue notice to opposite party, to submit their arguments, and fix a date.
When the notice is issued to the opposite part, the plaintiff is needed to do the following:-

 File requisite amount of procedure – fee in the court

 File 2 copies of plaint for each defendant in the court
 Of the 2 copies, one shall be sent by register/post/courier, and one by ordinary
post

Such filing should be done within 7 days , from date of order/notice.

RECEIVING COPY OF AN ORDER

Typically, the process for certified copy (CC) is as follows. An order is dictated by the
judge to a typist, who types it on a computer. The order is then printed through a
computer and signed by the judge. The same is kept in the case file. Applicant makes an
application to court registry for CC. registry initiates the photocopy of the order from the
court file. The copies are stamped by court seal and signed. Applicant needs to follow up
and receives CC after it is ready.

Usually, it takes around 3-5 days to get this CC. in some courts it may even take 30 days
to receive the CC.

Online judgements for example as today all supreme court judgements are published
online. Some high court and tribunals have also started online publishing.
 CHAPTER 4 : CASE DIARY

IN THE COURT OF CHIEF METROPOLITIAN MAGISTERATE, ROHINI

COURT, NORTH WEST DISTRICT

UPENDER ….. Plaintiff

v.
VANDANA …..Defendant

DATE OF CASE: 13.10.18

FACTS:
The plaintiff and the defendant were in love since their college days being fully aware of
the cultural differences among them as the plaintiff is from U.P. and the defendant is from
West Bengal. They decided to get married for which the plaintiff asked the defendant
some time so as to convince his family. But the defendant grew impatient and started
forcing the plaintiff to get married without his parents' consent. And when he refused for
the same she threatened him with pressing charges for rape against him. The defendant's
mother was also instigating her daughter to pressure the plaintiff for marriage. The
defendant started creating scenes at the plaintiff's house in front of all the neighbors. She
also used to harass him mentally. She created fake profiles of petitioner's sister and
posted her morphed pictures from the same and portrayed her as an escort. After few
days, she along with her friends harassed plaintiff's mother and sister in their own house
and filed a false complaint against him. She withdrew the complain on the ground that the
petitioner will marry her as soon as possible. Tired of the respondent's threats, petitioner
filed a suit against her in the court.

ISSUES:
1. Will the respondent be liable for harming the reputation of the petitioner and his
family?
2. Whether the respondent will be liable for filing a false complaint against the petitioner?
3. Whether the respondent will be liable for continuously threatening and pressuring the
petitioner?

COURT’S OBSERVATION:
Judge gave a next date for evidence.

SELF-OBSERVATION:
We represented the petitioner. Sections 499,500,501 of the Indian Penal Code are applied
for harming the reputation of the petitioner and his family on the respondent.
Section 504 of IPC for intentionally insulting the petitioner and his family.
Section 503,506, 507 of IPC Criminal Intimidation.
Section 509 of IPC for insulting modesty of a female.
And relevant provisions of the IT Act for creating fake profiles.

NEXT DATE OF HEARING: 17.07.19

 IN THE COURT OF LD. ADDITIONAL PRINCIPLE JUDGE, TIS HAZARI
COURT

MRS. SONU SINGH ….. Plaintiff

v.
MR. DALJEET SINGH …..Defendant

DATE OF CASE: 13.07.15

FACTS:
The couple has been married since 05.12.1987, are now facing serious temperamental
issues and can't adjust with each other inspite of their best efforts. They're living
separately since 2012. This matter was referred to counseling. Then, after six months a
second motion petition was filed as there is no possibility left for them to be living as
husband and wife. A settlement took place in the counseling cell and it was compromised.

ISSUES:
1. Whether divorce should be granted to them or not?

COURT’S OBSERVATION:
Since a second motion petition was filed, divorce was granted to the parties.

SELF-OBSERVATION:
First motion petition was filed under section 13(B) (1) of The Hindu Marriage Act,1955
that is divorce by mutual consent and second was filed under section 13(B)(2) of the
same. And the decree will be granted in a week.
IN THE COURT OF METROPOLITIAN MAGISTERATE, TIS HAZARI COURT,

RAKESH ….. Plaintiff

v.
BABY …..Defendant

DATE OF CASE: 26.10.09

FACTS:
The petitioner and the respondent are married since 2006 and have a son. Respondent's
behavior towards the petitioner and his family has been extremely rude since the very
first day of their marriage. She always misbehaved with the petitioner's family and
tortured them. She never even looked after her new born son and ignored him completely.
She always insulted the petitioner's family in front of other relatives and family members.
She committed grave acts of cruelty upon the petitioner. She even left her matrimonial
home and didn't return even after the petitioner tried to convince her. One day, she asked
the petitioner herself to give her a divorce as she didn't wished to live with him anymore.

ISSUES:
1. Whether the parties should be granted divorce or not?

COURT’S OBSERVATION:
A next date was given by the judge for evidence.

SELF-OBSERVATION:
We represented the petitioner. And, the petition was filed under section 13 (1)(a) of the
Hindu Marriage Act,1955.

NEXT DATE OF HEARING: 16.09.19

 IN THE COURT OF CHIEF METROPOLITIAN MAGISTERATE, TIS HAZARI
COURT

RUCHI CHOPRA ….. Plaintiff

v.
PARIKSHIT CHOPRA …..Defendant

DATE OF CASE: 26.07.16

FACTS:
Both the parties got married in the year 1998. They have 2 daughters from the wedlock. it
was an arrange marriage. The respondent was having a job in Orissa, where the petitioner
accompanied him after marriage. The respondent never took care of the petitioner and
never showed any love or affection towards her or the daughters. He remained at the
work place most of the times and never checked upon the petitioner. And when she
complained about this behavior, he used to shout and harass her. He earned well but
refused to take care of his wife and children. The petitioner herself paid the educational
expenditures of her children even though she wasn't earning. The respondent forced the
petitioner to complete her B.Ed. as the respondent wished to settle abroad. He even got
her enrolled in a B.Ed. college in Kashmir. And the duration in which the petition was
away, the respondent ill-treated both the daughters. He made them skip school for
household chores. And when the petitioner started earning, he applied for loans by
forging her signatures and sold their house without telling her. He always gave mental
and physical agony to the petitioner. Petitioner filed a petition under the domestic
violence act that was withdrawn in the compromise. and, a maintenance petition has also
been filed.

ISSUES:
1. Whether the respondent will be liable under domestic violence?
2. Whether divorce shall be granted?

COURT’S OBSERVATION:
Divorce was granted by the court. Also, a compromise deed was signed between the
parties where the respondent agreed to give the petitioner 29,00,000 as maintenance and
the petitioner will withdraw all the cases.

SELF-OBSERVATION:
First motion petition filed u/s 13(1) of the Hindu Marriage Act,1955.
Second motion petition u/s 13(2) of the Hindu Marriage Act,1955.
Interim Maintenance petition u/s 23(2) of DV Act
Maintenance Petition u/s 125 of CrPc.
IN THE COURT OF METROPOLITIAN MAGISTERATE, TIS HAZARI COURT

BABLI ….. Plaintiff

v.
SOHANLAL …..Defendant

DATE OF CASE: 13.05.19

FACTS:
The parties are married since 1994 and have 4 children out of the wedlock out of which 3
are girls and 1 is boy. The respondent abused the petitioner mentally and physically since
the first day of their marriage. The petitioner's married life has been miserable. The
respondent never allowed the girls to study and took the boy child himself to school. he
used to physically assault them and forced them to do the household work since a very
young age and whenever the petitioner tried to protect her daughters, the respondent used
to beat her up. Also, respondent is having an affair with some other lady who always
humiliates the petitioner and her daughters. The petitioner along with the daughter were
kicked out from their own house by the respondent and her lady. Presently, the petitioner
and her daughters are living separately and the petitioner demands protection from the
cruel acts of the respondent.

ISSUES:
1. Whether interim relief will be granted to the petitioner?
2. Whether divorce shall be granted to the petitioner?
3. Whether the respondent will be held liable under the DV Act?

COURT’S OBSERVATION:
Opposition counsel wasn't present so the judge gave a next date.
SELF-OBSERVATION:
My counsel represented the petitioner. We filed a petition under section 12 of the DV
Act,2005. And, and interim relief petition u/s 23 of the DV Act,2005.

NEXT DATE OF HEARING: 14.08.19

 IN THE COURT OF METROPOLITIAN MAGISTERATE, SAKET COURT

SHIKHA MAHENDRU ….. Plaintiff

v.
ASHWINI SAHANI …..Defendant

DATE OF CASE: 15.03.16

FACTS:
This complaint pertain to section 13 of Negotiable Instruments Act. The complainant has
filed the complaint on the basis of one cheque of Rs. 4 lakhs which was issued by the
accused towards a repayment of loan. The cheque got dishonoured due to insufficient
funds. Thereafter the complainant got issued the legal notice as per the provision of
Negotiable Instruments Act and demanded back the cheque amount within 15 days of
receiving receipt of the notice which accused failed to pay and thereafter the complaint
was filed and summons were issued by accused and the accused in his defence filed an
application under section 145(2) of Negotiable Instruments Act making the defence that
the accused has no liability to discharge cheque in question as he has already returned the
shares to the complainant against which loan was taken and only few shares remaining to
be returned which the accused is ready to give back.

ISSUES:
1. Whether the accused is guilty?

COURT’S OBSERVATION:
Application under section 145(2) of Negotiable Instruments Act was moved praying for
cross- examination. Brief arguments allowed application and fixed a date for the cross-
examination of complainant.

SELF-OBSERVATION :
We are representing accused. Our client has issued the check which got dishonoured on
the date fixed notice was flamed on the accused and he pleaded not guilty and this closes
defence that the check was issued towards security and sae has been misused by the
complainant.

NEXT DATE OF HEARING: 16.10.19

 IN THE COURT OF ADDITIONAL DISTRICT JUDGE, PATIALA HOUSE
COURT

GIRISH KHANDELWAL ….. Plaintiff

v.
VYAM TECHNOLOGIES LIMITED …..Defendant

DATE OF CASE: 30.04.18

FACTS:
This case was filed by the plaintiff for recovery of his salary , gratuity etc. This suit for
recovery was for 6 lakhs. The plaintiff in his plaint have said that he has worked with the
defendant in the accounts department and he left the job in year 2014 and he was
promised that all his dues outstanding of last 3 months gratuity and other benefits will be
released shortly but the defendant failed to clear this amount and ultimately got issued a
legal notice before filing of suit the summon were issued to the defendant. The defendant
in its written statement refuted he claim of the plaintiff and in its written statement stated
that the plaintiff has to return the assets of company and data available with hi and until
and unless the sae is done the plaintiff cannot ask for the relief. This case was transferred
to mediation centre where the plaintiff returned the assets of company and his dues were
cleared.

COURT’S OBSERVATION:

Mediation agreement was typed and signed by both the parties and respective counsels
and mediator and case was send back to the court for recording of statements.

SELF-OBSERVATION:
Persons from both the sides were present. Heated arguments, submission before the
mediator and the defendant pay certain amount within 2 years in installments.

NEXT DATE OF HEARING: 20.09.19

 IN THE COURT OF CHIEF METROPOLITIAN MAGISTERATE, DWARKA
COURT

NAKHAT BANO ….. Plaintiff

v.
ROZINA KHAN …..Defendant

DATE OF CASE: 06.06.19

FACTS:
The respondent is the petitioner's sister in law. She has been married to the petitioner's
brother since 2010. The respondent is already divorced and this is her second marriage.
The reason for divorce was her arrogant nature. This was a love marriage hence, parents'
of the petitioner took some time to accept the respondent as their daughter in law. But, the
respondent never accepted the in laws. The accused humiliated and insulted the
complainant's family since the very beginning. She was always arrogant and rude towards
them. She tried everything to break-off the marriage of the petitioner. She contacted her
fiancé by fake profiles and made questionable remarks about the petitioner's character.
Due to her, the petitioner is suffering from brain hemorrhage. Accused has also filed a
false complaint in the police against the petitioner and her brother due to which the
petitioner's brother was arrested. She has assaulted the petitioner a number of times. She
lives separately but comes to the petitioner's house to insult her.

COURT’S OBSERVATION:
Filing of the case of the case was done.

SELF OBSERVATION:
My counsel is representing the petitioner. We filed the case u/s 325, 499,
500,503,506,504. 507 and 509 of IPC and u/s 200 of the CrPC.

NEXT DATE OF HEARING: 13.08.19

 CHAPTER 5 : LEARNING SUMMARY

5.1 ETHICAL ISSUES OBSERVED

Most judges feel a bit unease while first sitting in the problem solving court. There is
great comfort knowing clear boundaries and roles, and judges are trainsed to stay within
those lines between adjudicator and advocate. Judges in the court described in this issue
should adjust those lines, creating a new category of "involved adjudicator". Sometimes
judges in the court greet the defendant's win with cheering them or applauding them
which is totally against the courtroom decorum.

Also, as per my own observation, the major problems faced in the courts are:

• Huge pendency of case

• High wastage of paper

• Less number of judges

• Lots of procedural requirements

• Difficult to seek justice

• Poor infrastructure in the court rooms

• Less use of technology

5.2 SUGGESTIONS
• Promoting online filing of cases

• Simplification of laws

• Increase I'm strength of judges

• Better infrastructure

• Fast track Courts

5.3 ACHIEVEMENTS DURING INTERNSHIP
• Being able to apply my knowledge practically.

• Got a chance to see real client counseling.

• Got a chance to see Mediation process in the courts.

• Got exposure to the legal documents and drafting procedure of the same.

• Got to see the real trials in the court.