JAMIA MILLIA ISLAMIA

INTERNSHIP DIARY
CASE DIARY

SUBMITTED BY : VINAY SHARMA

BA.LLB. REGULAR
FACULTY OF LAW
16BLW092

SUBMITTED TO: PROF. QAZI USMAN

 Table of Content
S.NO. PARTICULARS PAGE

1. PART A – Internship Certificate 2

2. INTRODUCTION 3

3. INTERNSHIP DUTIES 5

4. PART B - 6-29
Facts and Analysis of the Internship

5. PART C - 30
Legal Documents drafted during
internship

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Part A: Internship Certificate

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INTRODUCTION
Name of the Lawyer – Athar Alam , Supreme Court of India

Areas of Practice – Civil and criminal litigation (before Courts and Tribunals in Delhi), legal
advisory, drafting Commercial Agreements, Advising on Corporate Transactions, Securities
law.

Empanelled with: Delhi State Legal Services Authority, Arbitration and Mediation center Saket

Courts of Practice – The Hon’ble Supreme Court of India and the Hon’ble High Court of Delhi,
District court of Delhi , the National Company Law Tribunal, National Company Law
Appellate Tribunal

Office – Chamber No. 302, Saket Court Southeast District ,New Delhi

Internship – 15th Feb, 2021 till 31st March, 2021

Duration specified in Diary – 15th Feb, 2021 till 31st March 2021

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I, Vinay Sharma, a fifth year law student, Faculty of Law, JAMIA MILLIA ISLAMIA,
interned under Advocate Athar Alam, for a period of 45 days in February and March.

Mr. Athar Alam has been practicing in the Supreme Court ,Delhi High Court and Delhi District
Courts for more than 25 years.

The work allotted to me included research work on case laws, reading case files, assisting
associates in drafting and visiting the court proceedings in Supreme Court and High Court.

This diary is divided into two parts, wherein part 1 is the day-wise summary of the internship
and my experience and observations therein and part 2 consists of documents which I assisted
in drafting during the internship period.

I would like to express my heartfelt gratitude to Advocate Athar Alam under whose aegis and
guidance, I was able to gain a very enriching internship experience. His constant help and
encouragement helped me gain great insights into the practical workings of the field and further
understand and improve upon the art of legal drafting and research. His guidance made this a
great learning and important experience for future professional development.

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 INTERNSHIP DUTIES:

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 task depending on the nature of the internship.

DAILY INTERNSHIP DUTIES:

1. Supporting the lawyers that come into the office and program. Sitting in on
meetings, briefings and appointments and offering required assistance.

2. Organizing list of dates, chronology and case synopsis.

3. Reading any suggested law related materials for my own benefit.

4. Interacting to various lawyers in our office.

5. Research on judgments that are related to facts of cases.

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PART B - DAY WISE SUMMARY

15th Feb 2021, Monday

I had been asked to report to the office at 9:30 am sharp on my first day and I reached half an
hour in advance. I was asked to give a short introduction and was explained some basic rules
which I was supposed to adhere to, after which everyone left to attend the matters in the Court.

Sir assigned a case file to read for which the reply had to be framed. The office was stacked up
with huge piles of files and an array of law books lined the shelves. There were three desktops
available for all kinds of legal research.

After Sir returned for lunch to the office, he asked if I could understand the issues involved in
the case which he had assigned me to read and if I could help with the drafting of the reply to
the same. Intimidated at first, I hesitated but Sir gauged my nervousness and explained to me
in brief the facts of the case and asked me to read the same again. The case related to the
vacation of injunction and having read it as a part of my curriculum in CPC, I could identify
the core issues once the facts were made clear to me. By the time, I had completed reading the
file, noting the list of dates and making notes it was already 4:30 and I was asked to leave and
to work on the assigned task from the next day. I was also instructed to carry a photocopy of
my student identity card for the process of making of the Court Pass.

Observations:

The first day of internship left me with a lot of expectations since I was assigned a significant
task on the first day itself. Though the first half of the day was quite uneventful since I could
not appreciate the task of reading up of case files and I found it too boring, the same feeling
did not last post lunch. Post lunch, after I was explained about the task at hand, I realised that
without thoroughly reading the case files, it is impossible to grasp the core issues. Reading up
the case file itself allowed me to learn about some aspects of the court procedure too. I got the
opportunity to see basic legal documents such as the Vakalatnama as well and understood the
particular order in which the documents are arranged in a case file. I had taken a considerable
amount of time to read up the file and I hoped to be able to read through the files without
wasting much time the next time I am given the task.

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16th Feb 2021, Tuesday

On the second day of my internship, I was given three days time to prepare a detailed brief in
the case of Uttar Pradesh Rajkiya Nirman Nigam Ltd. (UPRNNL) Vs M/s C&C Construction
Ltd. & Ors. The case pertained to a contract between UPRNNL and M/s C&C Construction
Ltd. for construction of a Medical College Campus of Medical College, Almora. However,
during the existence of the said contract, a dispute arose. The said contract included an ITB
(information to Bidder) and a General contract clause. The relevant clause of the GCC provided
for selection of 3 arbitrators where as the ITB included a provision for selection of a sole
arbitrator. The instant case relates to a dispute regarding how and by whom arbitration should
be carried out. During day 2 to 4 of my internship, I prepared a detailed draft of the relevant
terms and conditions of the said contract as well as the time line of how the dispute had
progressed and reached the current situation. I also prepared a brief of the grounds which were
taken by the petitioners for filing a writ petition against the respondents.

17th feb, Wednesday

Having submitted the brief to sir, I was called into his office to discuss the case. Sir explained
various legal issues involved in the case and took in out from me regarding how I thought we
should proceed with our arguments. I was then asked to research cases which could be used by
us in support of our arguments. I carried out detailed research with the help of Manupatra and
SCC Online and came up with the following cases:-

Narayan Prasad Lohia Vs. Nikunj Kumar Lohia & Ors (2002) 3 scc 572

In this case, the court held that:

1. No right to challenge award arises if composition of arbitral tribunal or arbitral

procedure is in accordance with the agreement of parties even though the
composition or procedure is in accordance with the agreement of parties even
though the composition or procedure is in conflict with provisions of the contract.
2. It was further held that unless an objection is before the tribunal itself within the
time prescribed under section 16(2), there would be a deemed waiver under section
4.

Inox wind Ltd. V Thermocables Ltd. (2018) 2 SCC 519:

In this case, it was held that:

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 1. Where there is a reference to a document in a contract and the reference shows that
the document was not intended to be incorporated in entirety, then the reference will
not make the arbitration clause in the document a part of the contract unless there
is a special reference to the arbitration clause so as to make it applicable.
2. In single contract cases, a general reference would be sufficient for incorporation of
an arbitration clause from a standard form of contract. In cases falling under two-
contract cases, a stricter rule has to be followed by insisting on a special reference
to the arbitration clause from an earlier contract. (Reference to a secondary
document in a contract between two parties and secondary document is a contract
to which atleast one party is different from the parties to the contract in question).
3. Russell on Arbitration: an arbitration clause in an earlier contract cannot be
incorporated by a general reference. The exception to this rule is a reference to a
standard form of contract by a trade association or a professional institution in
which case a general reference would be sufficient for incorporation of an
arbitration clause.
4. Though a general reference to an earlier contract is not sufficient for incorporation
of an arbitration clause in the later contract, a general reference to a standard form
would be enough for incorporation of the arbitration clause.

18th feb, Thursday

I was allotted the task of drafting a criminal complaint under section 156(3) of the Code of
Criminal Procedure, 1973. The complaint invoked the jurisdiction of Chief Metropolitan
Magistrate of the Karkardooma District Court under Section 156 (3) of the Cr. P.C to direct the
concerned police department to register FIR, investigate the matter properly and take
appropriate penal action against the accused persons who had been harassing the daughter of
the client with repeated demands for dowry and subjecting her to cruelty which ultimately led
to her death. The accused had tried to give the incident colour of a suicide. Even after repeated
requests, the police officials deliberately and intentionally did not file the FIR and without
carrying out the investigation tried to hush up the matter by telling the Complainant that the
deceased had committed suicide. After this, I also helped in the making of the Index of the
paper book in a certain matter wherein I was asked to number the annexures and add the details
accordingly in the index.

Observations:

I had learnt about the concepts contained in Cr.P.C regarding filing of First Information Report
as a part of our curriculum. We had learnt that if Police
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officer concerned (SHO), refuses to Register complaint/FIR, than by virtue of section 154(3),
a written Complaint may be sent by Post to the Superintendent of Police or the Commissioner
of Police (in Metropolitan areas); and the copy of said Complaint may also be sent to the office
of the Chief Justice of the concerned High Court of the State. If Superintendent of Police or the
Commissioner of Police (in Metropolitan areas) is satisfied that the Complaint discloses
cognizable offence, he may himself investigate the case or cause the investigation of the case
by any Police officer subordinate to him. A written Complaint in the form of a Letter may be
made to the concerned Judicial / Metropolitan Magistrate, and the Magistrate is empowered to
take cognizance of the said letter complaint by virtue of section 190 of CrPC, 1973. However,
the Magistrate concerned is at discretion to act or not to act on the said Letter Complaint. An
Application can be made u/s 156(3) read with section 190 of CrPC, 1973, before the Judicial
Magistrate / Metropolitan Magistrate, thereby praying that Police to register the FIR,
Investigate the case and file the Report / Chargesheet before him.

It was a great learning experience to see the actual machinery in motion about which we had
learnt. I realised how the solution to the problem of refusal to register FIR, which is a common
grievance of people, has already been given in the law. It’s only a matter of right guidance and
advice and once a person is aware of his legal rights and these remedies available to them, these
grievances can be reduced to a great extent.

19th feb 2019, Friday

I accompanied an associate to Karkardooma Court for a matter related to withdrawal of a

petition under Domestic Violence Act since the parties had agreed for a mutual divorce.
However, since the Judge (Metropolitan Magistrate) was on leave, we had to return after taking
the next date. Since the parties had settled for a mutual divorce, the petition under the Domestic
Violence Act had to be withdrawn before the Divorce Petition could be filed. Thus, we
requested for an early date so that the proceedings are withdrawn before the matter for the
Divorce Petition comes up for hearing. The Associate helped me to understand how the cause
lists are to be read and also asked me to check for the cause lists online. Since this was my first
visit to the District Court at this internship, I took some time to observe the court rooms and
the premises of the whole building. I saw the Mediation Centre too and the office of the Delhi
State Legal Aid Authority, for Karkardooma and Shahdara District which is also located in the
Karkardooma Court building.

Observations:

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I observed that the court rooms were not as systematic and organised as the High Court and the
Supreme Court as one would expect.

Moreover, the proceedings seemed quite informal. Judges, were mostly inaudible, due to the din
always surrounding the court rooms. The lawyers and even the judges talk in both, Hindi and
English and have interactions with the litigant as well in several cases. The cause lists are pinned
outside the court rooms, stating the name of the judge, his designation and the matters listed for
the day. A person in the courtroom keeps announcing the matter numbers and the parties come
forward. Each matter, on an average takes 3- 4 minutes and presumably a judge hears 30-40
matters in a day.

22nd feb 2021, Monday

Sir usually doesn’t come to the office on Saturdays until evening when it is time for briefing
lawyers to come for meetings. Interns could come a little late on Saturdays and I reached the
office at about 11 am. Since I had been working on the drafting of the reply I assumed the same
task after I reached there. I began the work on the para wise reply and took down the doubts
which I had so that I may clear them when Sir would be available.

Further, post lunch, I asked the clerk who seemed to be very adept at drafting and well aware
of all the intricacies of the Court formalities, to teach me basics of drafting. He gave me a case
file pertaining to a Special Leave Petition and explained the format of the same. I took notes
and helped him with the drafting of the grounds in a Special Leave Petition that he was busy
drafting.

Observations:

The day was quite uneventful but I observed the deep understanding of the court room
procedure and formalities which the clerks in a lawyer’s chamber develop. I realised that even
the best of advocates are dependent upon these people and without them, it will be a very
challenging task for the advocates to smoothly operate. The clerks are issued an identity card
which allows them to attend the Registry on a regular basis and authorises them to go for filing
of cases and to undertake other such work on the behalf of the Advocate. Since, I had to learn
drafting in my course curriculum in the same semester, I was happy to get an idea about the
drafting of Special Leave Petitions which I knew, would be of great help to me in future.

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23rd Feb 2021, Tuesday

Since interns are not allowed in Supreme Court on Mondays and Fridays, I was asked to
accompany an Associate to The Armed Forces Tribunal, Principal Bench. There, I got in touch
with how documents are filed in the filing section and how the Principle Registry Court works.
I was also given the task of handling the files and noting down the next date of hearing for
matters that were listed. This made me realize that one should not be unwilling to undertake
tasks that might seem menial and small as understanding how things work at the ground levels
very imperative for a young lawyer.

I attended the proceedings for the following cases:

Zala Manhar Singh v Union of India

Facts: This case pertains to questioning the validity of administrative action of discharge from
service by the competent authority, where a court martial for the same has not been
conducted. Though Rule 14 of the Army Rules provides for a situation where a trial
by Court Martial becomes inexpedient or impracticable and yet, there exists adequate
material which cannot be ignored, then the competent authority would be within its
rights to arrive at the decision for administratively terminating the service of the
delinquent whose retention is undesirable. Here, the ground for discharge from service
was appellant’s alleged involvement in a riot, which he has clearly denied.

Observation:

The respondents had yet not filed their written statements in reply to the petition, even after
seeking time for the same on previous occasions, and sought more time for filing the same. The
bench gave ear to the continuous inconvenience caused to the petitioner due to the delay on the
respondent’s part as he had been coming to the court for every hearing with the same result.
The bench come down hard on the respondents and asked them to file the written statement by
a certain date or have the case go down in the favour of the petitioner.

24th Feb 2021 Wednesday

Since there were no matters in any court today, I was asked to report directly to the office.

The senior counsel asked me to research on the Sexual Harassment at Workplace (Prevention,
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Prohibition and Redressal)Act, 2013, focusing on Section 2(a), which defines ‘aggrieved
woman’, Section 2(f), which defines ‘employee’, Section 2(g), which defines ‘employer’,
Section 2(n), which defines ‘Sexual Harassment’, Section 2(o), which defines ‘Workplace’.
This was in regards to an SLP where the question of law involved adjudging whether the
‘Notional Extension of Workplace’ theory could be applied to the aforementioned Act as well,
while deciding whether a case falls under the Act.

I was also asked to find relevant cases and that talked about the ‘Notional Extension of
Workplace’ theory and prepare a brief report on the same. After

researching for the same on SCC and Manupatra, I came up with the following cases:

1. The New India Assurance Company v Tmt.S.Jayanthi

2. Regional Director, E.S.I Corpn. v Francis De Costa And Anr,

3. Mackinnon Mackenzie & Co. Pvt. Ltd v Ibrahim Mahommed Issak,

4. Employees' State Insurance Corporation v. Francis De Costa

5. National Insurance Co. Ltd. v. Suman Devi and another

6. Superintending Engineer, Tamil Nadu Electricity Board and another v. Sankupathy

7. B.E.S.T Undertaking v Agnes

8. New India Assurance Co. Ltd. vs Ujjala Debbath And Ors.

9. Smt. Rohini Shamrao Burud vs Hindustan Petroleum Corporation

10. Smt. Durgabai And Others vs The Employees' State Insurance ... on 7 February, 2001

25th Feb 2021, Thursday

Since it was an unusually slow day at work, I had not been assigned any specific work for the
day and I helped the clerk in the drafting of several documents and helping in the proofreading
of the drafts already prepared. Today I also drafted a Will the facts of which were given to me
by one of the associate. Proofreading though is a tedious and boring task yet one could not
overlook its significance since even seemingly minor errors may lead to unnecessary delay in
the proceedings and much embarrassment for the advocate, especially before the Apex Court.

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I was asked to leave early as there was not much work to do.

Observations:

It was quite an uneventful day since there was hardly any work for me. I realised that not every
day in this profession could be as interesting as it appears to be. Once you understand the
process, the procedural technicalities seem mundane. However, I understood the importance of
being very accurate and meticulous while drafting any legal document. Attention to detail is
the key and efficient lawyers are particular that even minor errors may not creep in the drafts.
Minor errors may also become reasons for much embarrassment in Court and nothing spoils
the impression of a lawyer than a badly drafted case. Especially in the Higher Courts, Judges
can be extremely particular about these things which often seem trivial to us.

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1st March 2021, Monday

I was asked to research on Sec 125 of Code of Criminal Procedure which provides for the Order
of Maintenance of wives, children and parents. Since I had a fair idea of the provision, having
read about the same as a part of our family law curriculum, I found this to be rather easy. I took
the help of the books that were available and also looked up on the internet. Sir had asked me
for some cases which could support our stand and for the same, I researched using Manupatra.
Having a fair experience of research, I had no difficulty finding cases from legal search engines.
I tried different combinations and phrases and without much difficulty found some relevant
cases. I took down their citations and made briefs of the same and compiled that as a document
for ready reference whenever it was needed.

Thereafter, I was made to sit in a client meeting involving a simple matter of Domestic
Violence. Since, I had not read the file at that time, I only had to observe and take notes.

Observations:

I had the opportunity to strengthen my research skills but the problem given to me was fairly
simple and I had no difficulty in finding straight case laws available on the point. It didn’t take
me much time and effort to figure out the correct position of law.

Attending the process of client interviewing was a new experience for me. I observed how the
lawyers have to interact with the client. This being a privileged communication, the
professional ethics that have to be followed can be learnt only by observing these things in
practice. The client interview is the very first step and this is how the lawyer starts to works on
a problem from the very grass root level. Interacting with a client is an important part of being
a lawyer. I was also explained how one should use different ways to extract the information
from the client like asking probing questions while at the same time making the client
comfortable. Moreover, making the most feasible case strategy depending on the facts of the
case is very important.

2nd March 2021, Tuesday

I was given a list of cases pertaining to Pension Provisions and was asked to prepare case briefs.
The same had to be used by the associate while attending to a matter relating to the denial of
Pension to a client.

Further, I also helped another Associate in the drafting of a consumer complaint relating to a
matter of fraud by a construction company which had duped the clients and fled away after
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taking money from them. The company after taking huge amounts of money from several clients
and after making false assurances and promises about timely delivery of possession had
disappeared and even after repeated attempts by the clients to contact them, there was no response
from their side. I was asked to draft a legal notice for the same and then work on the draft of the consumer
complaint as well. The case file was to be prepared and I was asked to note down the details of the
photocopies of the Memorandum of Understanding, the receipts of the payments, the copies of the cheques
and the cheque numbers, the brochures of the company, the copies of F.I.R., if the same had been filed by
the client which were to be attached as annexures with the consumer complaint. Also, any email
correspondence which took place between the client and the company was to be traced and the copies of the
same to be attached to establish how false assurances were repeatedly given by the company to dupe the
clients.

Later that day, Sir asked me about my experience of attending the Court proceedings and asked
me to sum up the arguments which I had observed. I had taken copious notes of the same and
presented the same before her. Impressed by my keen interest in the issue, he asked me to attend
the matter regularly and to submit at the end of the internship an analysis of the issue.

Observations:

I learnt the art of drafting a consumer complaint and how the several exhibits have to be
attached and how the case file is prepared. Case files need to be maintained in proper order. It
will become an extremely difficult task to work on any matter if the relevant documents and
papers regarding the same are not in order, thus, a lawyer needs to be very organised and
meticulous. In the midst of hundreds of files in the Chamber, it can get very confusing and thus
sequencing of documents within individual file folders has to be done systematically. Things
like the any correspondence or the Court records have to be in reverse chronological order and
the individual case files have to be arranged alphabetically for ease of access. Record
Management is yet another skill which a lawyer needs to excel in, in order to operate smoothly
in the field.

3rd March 2021 , Wednesday

This being a Monday, a miscellaneous day at the Supreme Court, I was expecting another
boring day in the office itself. However, I was asked to accompany the clerk while he went to
the Filing Counter for filing of a matter. Interns though not allowed in the Court Rooms, can

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get the entry in the Supreme Court premises and be there for the tasks such as of filing of the
matters. The files were tied properly and the clerk made sure that all the things were in order
complete with two copies of the Index of the Paperbook. I was explained that every main case,
interlocutory application,

miscellaneous application or other documents had to be presented by the party in-person or by

his duly authorised agent or by his advocate-on-record at the Filing Counter during working
hours and wherever necessary, had to be accompanied by the documents required under the
Rules of the Court.

The Assistant at the Filing Counter identifies the person filing the case on production of identity
card in case of advocate on-record, advocate authorized in that behalf or his registered clerk or
on identification through any permissible identification card in respect of a party in-person; and
then enters in the computer complete description of the first petitioner/ applicant/appellant and
first respondent/non-applicant and names of their advocate. Further, in case of writ petition and
transfer petition, details through cause title and filing memo respectively are checked. It is also
checked if the Vakalatnama and affidavit are duly signed and executed or not. Then a Diary
Number is generated and the date of filing is stamped. However, that is not all. If the case is
found to be defective, the scrutiny Assistant enters the defects in the computer and notifies
them to enable the advocate on-record or the party, as the case may be, to remove the defects
within a period of twenty eight days in aggregate. Defects may range from non filing of proper
and required number of paperbooks, non filing of the brief list of dates/events, numbering of
paragraphs and pages of paper books and whether the same has been correctly noted in Index
and may even be related to the proper attestation and execution of the documents.

Observations:

I got the opportunity to observe the process of filing. Monday being the day designated for
Miscellaneous matters, the Court premises were unusually crowded and there were lines at the
filing counter. I observed that the work of filing was done by the filing clerks mainly and hardly
any advocate could be seen in those lines. I saw some interns too who were present there to
observe and learn the process just like I was there. It seemed to be a difficult task since all the
people were in such hurry. There were some people clueless about several procedural
formalities and the Assistants at the Counters were getting irritated as they had to explain the
same in great detail to them. There was a separate counter reserved only for Advocates which
was relatively free. I also learned that facility for E-Filing of the matters is also there.

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4th March 2021, Thursday

I was asked to go to Patiala House Court and to file the process fee for the process of fresh
issue of summons to the opposite party in a matter relating to dishonour of cheque under
Negotiable Instruments Act. I was completely lost since I had never been to Patiala House
Court and there was no associate accompanying me. Patiala House Courts Complex is also
known as New Delhi Courts Complex. It is housed in the erstwhile palace of Maharaja of
Patiala near India Gate and National Stadium. A small number of criminal courts were earlier
functioning at Parliament Street and they were shifted to Patiala House in March 1977. Now-
a-days Criminal Courts of New Delhi, South and South-West district are housed in Patiala
House.

I had to inquire from the Court master if there had been an order in the matter, for filing of
process fee and to inquire if the court fee filed was deficient. Since the order had been passed
only in the morning and the copy of the same had not been printed when I reached, the Court
master and also the Ahlmad could not answer my queries. However, I took the process fee form
and called up an associate asking for help in order to fill the same. Having filled the same, I
went to complete the other formalities only to return disappointed since the required
formalities could not be completed by us.

The Ahlmad explained the entire process to me. I was told that for the purpose of summoning
of the witnesses/other party, process fee form along with process fee is to be deposited with the
Ahlmad of the court. After the court has ordered for service of the notice/summons through
registered A/D also, sufficiently stamped registered A/D envelopes along with number of
copies required for service are to be deposited with the Ahlmad within one week of the order
or within the time granted by the Court. Summons can also be ordered to be issued through
Courier/E-mail. Since these formalities had not been completed by us, the process fee could
not be filed on the day.

I came back to the Chamber after applying for the certified copy of the order after completing
all the requisite formalities.

Observations:

I saw the functioning of the Court and visited that Ahlmad Room for the first time. Ahlmad is
a person employed in an office or government agency who performs various tasks such as
keeping records or accounts, filing, letter writing, or transcribing. One who works in a store
and whose job might include working as a cashier, selling merchandise, or waiting on

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customers. I got to know the procedure for filing of process fee.

Also, I learnt the procedure for applying for certified copies of orders. The application is to be
filed in the prescribed form. There are different forms for applying certified copies. Requisite fee
has to be paid for the same which is nominal. In case of urgent copy, if the same has been applied
before 11’o clock in the morning, it is generally prepared and supplied on the same day. Other
copies are supplied within 4-5 working days. As and when copies are ready, one can collect the
same from the delivery counter of the respective Copying Agency. If there is any deficiency in
the copying fees, the same is to be deposited at the time of delivery. This was a day of great
practical learning.

I was a little early and found the office to be locked. I called an associate up to ask for the keys
and the tasks that I was supposed to undertake. She asked me to take the keys from the Guard
Room which was on the ground floor. She then sent me questions to research upon. I was asked
to read up on Order XXI of the Code of Civil Procedure, Rules 54, 58 and 59. Order 21 of the
Code of Civil Procedure deals with the execution of the decrees passed by the Courts from
grassroots to the top. Rule 54 deals with the attachment of immovable property. It provides that
where the property is immovable, the attachment shall be made by an order prohibiting the
judgment debtor from transferring or charging the property in any way, and all persons from
taking any benefit from such transfer or charge. Rule 58 provides for the provisions relating to
adjudication of claims to, or objections to attachment of, property.

Observations:

I was only assigned research work and I completed the same and left early since there was no
major task assigned to me.

5th March 2021, Friday

I was asked to research on Sections 74, 76 and 77 of the Indian Evidence Act. The question
dealt with the issue of proof of public documents in court. In the matter, the Society registration
certificate for the society hadn’t been filed and I was asked to research on the issue that if such
a situation arises where the original certificate which is a public document, has not been filed,
how could the registration of society be proved. I found that a public document can always be
proved by production of certified copies prepared under Section 76 Evidence Act as provided
in Section 77 of the same Act and that a certified copy of a public document need not have

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 been proved by calling a witness. Sec 76 provides that every public officer having the custody
of a public document, which any person has a right to inspect, shall give that person on demand
a copy of it on payment of the legal fees therefore, together with a certificate written at the foot
of such copy that it is a true copy of such document or part thereof, as the case may be and such
copies so certified shall be called certified copies and certified copies may be produced in proof
of the contents of the public documents or parts of the public documents of which they purport
to be copies as given under Sec 76. After that I accompanied an Associate to Patiala House
Court and observed some court proceedings relating to Negotiable Instruments Act.

Observations:

It was a normal day with mainly research work for me. I was well versed with the provisions of
Indian Evidence Act and had no difficulty in finding out the relevant case laws. The day at the
Court was also usual. It was quite an uneventful day.

19 | P a g e
 9th March 2021, Tuesday
I took an off for the day as I had some urgent work back in my home place. For the leave I had
told sir a day in advance and dropped him a message regarding the same before leaving.

10th March 2021 Wednesday

I had to accompany an associate to the Saket District Court wherein a matter related to eviction
proceedings was listed. The petition had been filed under Sec 14(1) (e) of the Delhi Rent
Control Act. The petitioner sought to evict the Respondent from the premises of the Petitioner
on the ground of bonafide requirement. Notice had been served upon the Respondent and in
response to the same, he had prayed for the leave to defend. It had to be proved before the Court
that the relationship of landlord & tenant existed between the parties and that the petitioner
bonafide required the tenanted premises for himself or for any member of his family dependent
upon him. Leave to defend filed by the Respondent was dismissed and the Judge decreed the
eviction order in respect of the premises in favour of the Petitioner.

Observations:

The Saket District Court, being the new court, is much cleaner as compared to other district
courts like the Tis Hazari court or Rohini Court. The matter that was listed that day did not
require the advocate to do anything. The judge merely pronounced the order in brief. It was a
very smooth proceeding.

12th March 2021, Friday

I was given a case file pertaining to a matter concerning the breach of the terms and conditions
of an agreement entered into between a contractor and a society for the construction of the
building of a hospital. Since most of the court documents were in Hindi, I had a little difficulty
in understanding several legal terms which were used. We had to translate large parts of the
orders which had been passed by the lower courts. It was a matter listed before the Court of
ADJ, Meerut and I was asked to draft the reply to the First Appeal. I started work on the
preliminary objections. The preliminary objections related to issues such as deficient court fee
and lack of locus standi on the part of the society. It was alleged that the society was not a
registered society.

20 | P a g e
The Contractor in the present case had duped the Respondent by assuring him about the
construction of the hospital building on a land of which he did not even hold the title. The
Appellant was having no authority to give the land in dispute either for rent or to carry on any
construction work on the land in dispute. Even after having knowledge of the same, he illegally
had given the land and building on lease to Respondent society. I read the case file properly
and discussed with Sir how the reply is to be framed and worked the entire day on the same.

Observations:

I had a new experience of learning some words of the Court procedure in Hindi. I found it
relatively more complex and had to spend some time looking up for exact substitutes for many
words. Since I had already drafted counter affidavits and replies, this did not pose any major
difficulty and I found myself at ease with the basic draft. I left after completing the replies to
the preliminary objections and drafting the background of the facts of the case.

13th March 2021 , Saturday

Sir was in the office because of some urgent matter. I was told to continue with the drafting of
the reply of the case that I had begun with the previous day. I started working on the reply to
the grounds in the case. Also, a draft had to be prepared urgently in the matter of dishonour of
cheque. I prepared the draft for the suit under Section 138 of the Negotiable Instruments Act
for the recovery of the sum. I asked the clerk about the format which has to be followed and
the details of the court before which the matter was listed. I also helped in the making of the
paper book in another matter which was to be filed on the coming Monday. By the time I left,
I had completed the draft of the recovery suit and the reply to some of the grounds of the case

OBSERVATION

It was a usual day and I did several random tasks along with the preparation of some drafts. I
learnt a new draft and about the provisions of the Negotiable Instruments Act.

15th March 2021,Monday

I was alone in the Chamber when the clerk from the Supreme Court Registry came to hand over
the case file for curing of defects. He asked me to sign against the details in the register which

21 | P a g e
he had so as to show the receiving of the same. I wasn’t very sure if I was authorised to sign or
not but the clerk seemed to be in a hurry and I reluctantly had to sign. Later, I was told by the
clerk of the Chamber that this was a normal process of the court and once the case is filed, the
Registry of Supreme Court verifies if the same is in proper order or not and if defects are found
to be present, the case file is sent back to the advocate’s chamber for rectification. I saw the
page that was attached on the top of the bundle of the case file. It was the list of defects that
had to be cured.

The entire day was spent in the correction of the defects. There was some ambiguity with
respect to certain defects that were mentioned and certain documents were mentioned to be
missing. I was asked to go to Sections XI and XVI in the Supreme Court to clarify regarding
the same.

Observations:

I had only been to the Court rooms and the filing counters in the Supreme Court building till
now. It was a novel experience to see the internal administrative wing of the Apex court. There
is a new block which has been constructed and certain sections and offices are located there.
The building is a beautiful piece of architecture and having to run around from one section to
the other, from the Accounts office to the administrative office, I got a chance to explore the
Supreme Court premises.

16th March, Tuesday

I accompanied an Associate to the Patiala House Court in a matter concerning the custody of
two minor children. However, the judge was on leave and we had to return after taking a future
date. We also had to apply for certified copy of the order which was passed in another matter

and after filling the form for the same we left for the office.

In the office, Sir was busy in a client meeting and I was asked to sit and observe the process.
The matter was related to commission of fraud by an advocate on an old lady. The lady was
illiterate and had been duped by an advocate who had taken her signatures on a blank sheet of
paper and then had formulated documents of sale deed of her property on the same sheet. The
lady even broke down a few times while describing her ordeal. I observed how Sir calmly dealt
with the lady and noted down the relevant points which could help her case.
22 | P a g e
Observations:

This was a normal day and I wasn’t expecting much work. While attending the client
interviewing session, I realised how things can get awkward and uncomfortable at times but
the efficient advocate should know the art of dealing with such things and make the client
comfortable so that he/she may repose complete faith in the advocate.

23 | P a g e
17th March Wednesday
I was given another case file where an application for anticipatory bail under Section 438, CrPc,
1973 was to be drafted. I was given a few days’ time to read the case, make a brief on the events
that took place and eventually draft the application for grant of anticipatory bail. The case
Suresh v State, pertained to a situation where the applicant apprehended an arrest.

FACTS: The applicant has been married to his wife for a period of one year and also have child
from the marriage.A few months back, he found out that she was having an extra-marital affair
with a friend of hers. Though he was shocked, he chose to forgive her for the sake of protecting
their marriage and their child. However, she refused to stop her illicit affair and even refused
to seek divorce because the husband was financially secure. She has constantly being asking
the applicant for money for her illicit activities, which the applicant eventually refused. She
has been threatening to file a fake case against him under Section 498-A IPC, in a bid to falsely
implicate him under the said offence unless he pays heed to her demands. The wife is extremely
violent and would go the extent of hurting herself physically to weave a fake case against him.
The applicant apprehends arrest on the same and wants to apply for grant of an anticipatory
bail in case of an arrest.

In the course of the day, I drafted the said application for grant anticipatory bail under Section
438 CrPC, 1973.

24 | P a g e
18th March, Thursday

I was asked to report to the high court at 10:30 a.m. to attend the court hearings. I attended the
proceedings of the following case:

In the Hon’ble High Court of New Delhi

In the matter of: Ravneet Singh & Ors. V. State

FACTS:
A girl named Aastha Kapoor, wife of Appellant No.1 committed suicide within one
year of her marriage at her matrimonial home. Husband and in laws of the deceased
i.e the Appellants apprehended arrest by the police so, filed anticipatory bail in lower
court which was rejected and hence, this appeal.
PROCEEDINGS:

This Hon’ble court earlier on various dates heard both the parties, called for status report
by the SHO concerned and kept granting anticipatory bail to the Appellants till next date
of hearing with a condition to cooperate in the investigation. The father of the deceased
was unhappy with the conduct of the
Hon’ble Court and represented his displeasure to the Court which was highly admonished by the
Court.

In the Hon’ble High Court of New Delhi In

the matter of: Kapil V. State
FACTS:

The Appellant was accused of raping a woman on the pretext of treating her stomach
by Reiki method. The Appellant was a man of 70 years of age, was already in jail for
more than two months. His bail application was rejected by the lower court, hence this
appeal.

PROCEEDINGS:

This Hon’ble Court after hearing the matter for hardly 5 minutes put it for next hearing
after two months. On request by the counsel of the Appellant for early hearing of the
Application, the matter was fixed for next hearing after 10 days.
25 | P a g e
 After court hours, I was asked to draft a license agreement for an outhouse to be let out by the
owner.

19th March Friday

This was a Consumer case related to the deficiency of service against the automobile company,
its service centre and the insurance company.

Prima facie the jurisdiction was of Ballabgarh. But the client wanted to prosecute the case in
Delhi only.

Legal notice was sent to the respondents. And after making some clever modification in the
complaint one of the several cause of action showed to arise in Delhi.

On the day when case was listed for admission before the Consumer Court sir very cleverly
argued only on the point that where cause of action was of Delhi. He also showed the
documents related to Delhi only. Presiding officer admitted the case and issued process.

22nd March Monday

Filed inspection form and applied for certified copy for the case :
Farzana Parween v. Anfal Naziath.

23rd March Tuesday

Tuesday is mediation day for our Sir so he was not there with us that day but he has given us
the task to complete on that day. . I was asked to submit processing fees in the case that we had
filed i.e Kashif Naseem v. Husnera Khatoon . I went to the photostate shop to get the 2 copies of
the file and enclose them in an envelope and submit in the concerned office.

24th March -26thMarch

Sir went to Hyderabad for some urgent work so we got off for 3 days.

26 | P a g e
 31st March , Monday
As this was my last day at the internship I had to prepare a worksheet wherein I had to write
all the tasks which I had worked upon during the course of my internship. Sir took some time
to ask me some questions pertaining to the things that I had learnt during the internship gave
me feedback about my performance as an intern and wished me luck.

Observations:

Though there wasn’t anything new that I had to work upon, I observed how Sir was particular about
assuring the confidentiality of the details of all the matters that I had been working on or to which
I had been exposed to during the period of my internship. I was specifically asked to keep the details
confidential and since some of the cases that I had contributed to were listed for hearing in future,
I was told to be available for correspondence in case any need arises with respect to any clarification
about the work that was tendered by me. These I found to be the marks of a careful and efficient
professional. The work ethics of the profession have to be followed with diligence and one has to
be sincere to one’s client. The communication between the advocate and the clients is privileged
and the same has to be respected at all costs. The client’s interests cannot be jeopardised because
of any casual approach towards these things. I along with the other interns was asked to learn these
aspects so that we may become efficient and responsible professionals in the field.

27 | P a g e
 PART C - LEGAL DOCUMENTS DRAFTED
DURING THE INTERNSHIP

IN THE HON’BLE COURT OF CMM/DUTY M.M, PATIALA

HOUSE, NEW DELHI.

IN THE MATTER OF
STATE
VERSUS
RAJESH@IMRAN
FIR NO. 92/2020
U/S:186/353/307IPC
R/W 25/27 ARMS ACT
P.S: SPECIALCELL N.D.
APPLICATION U/S 437 R/W 167(2) CR.PC FOR GRANT
OF BAIL ON BEHALF OF THE APPLICANT/ACCUSED
RAJESH@IMRAN S/0 DHARAMBIR SINGH.

MOST RESPECTFULLY SHOWETH :

1. That the applicant/accused is law abiding and peace loving
young citizen of India and innocent in all respects and having
deep root in the society and nothing to do with alleged offence
as stated in the present FIR and chargesheet.
2. That the applicant was arrested in the present case by the police
officials on 15.03.2020 and since then he is in custody.
3. That the chargesheet of the matter has been filed by the

28 | P a g e
 Police so the custody of the accused would not be needed
for investigation purposes and it has been a year that
applicant is in jail.

4. That the accused is ready to cooperate with the police and will
mark his presence when required in the proceedings of the
matter.
5. That the charges under which the accused is arrested are false
and manufactured and accused has nothing to do with the
alleged allegation in the present case and falsely arrested by the
police officials.
6. That the trial of the present case will take considerable time and
there are number of accused and witnesses in the present case.
7. That now a days the situation is very critical everywhere due to
COVID 19 VIRUS. It is submitted that jails in Delhi are over
crowded and the risk of spreading the virus is much higher.
8. That the applicant is the sole earning member of his family and
if he remains in custody then his whole family will suffer
starvation.
9. That there is no chance of absconding if the applicant is
released on bail and further submitted that he will appear as and
when this hon’ble court please to direct him to do so ,if the bail
is granted to him.
10. That Bail is rule, jail is an exception

In a recent case, the Supreme Court on 11th November 2020

granted bail to Republic TV Editor-in-Chief Arnab Goswami in a
2018 case of abatement of suicide. A vacation bench of justices
D.Y. Chandrachud and Indira Banerjee gave the order on
Goswami’s petition challenging the 9th November Bombay High
Court order declining interim bail to Goswami in the Anvay Naik-
Kumud Naik suicide. The Hon’ble Apex court intervened to
29 | P a g e
protect the Rule of Law and also to protect the fundamental rights
of Arnab Goswami.

Detention of an individual infringes the Right to Life and Liberty

guaranteed under Article 21 of Constitution of India. It is indeed a
very important, pathbreaking and laudable judgment. Rule of law
prevailed and liberty of an individual was rightly protected.
However, it is seen that such speed and alacrity is not there in the
regular course of working.

Normally it takes day, weeks and months to get bail. The Jails of
the country are overcrowded with undertrials and Courts are
reluctant to grant bail. In fact, there is no speed in granting bail
and in normal course Prosecution is given weeks after weeks only
to file a reply.

The Prosecution should not be given more than three days to file
reply once accused is sent to Judicial custody.The Courts should
decide regular bail application within a maximum time period of 7
days from filing. Sadly, in practice, it is observed accused languish
in jails for months waiting for disposal of his bail application. The
doctrine of “Bail being Rule and Jail being an exception” will
have no meaning if Courts do not decide the bail applications on
priority and in a time-bound manner.

Sadly, for an “Aam Aadmi” (Common Man), acquiring bail is a

tough thing. Once an FIR is registered, a person and his well-
wishers are made to run from pillar to post for bail of
30 | P a g e
suspect/accused. The suspect/accused is at the mercy of Police
Officer, he is at the mercy of Lawyers, he is at the mercy of

Lordships, he is at the mercy of procedures which never comes to

an end. Life of a common man revolves around the court and
procedure.

I can tell you; it is such a difficult task to even to get the matter
heard and get that quick bail in simplest of an offence. The reality
remains that in our country, quick bail for a rich and powerful
person is not that difficult but quick bail for an Aam Aadmi, for
the middle class and for the poor class is of great difficulty. Does
that imply that Right to Liberty is available only to Rich and
Powerful?

The main purpose of detention is to ensure easy proceedings by

availing the accused for the trials without any inconvenience.
Thus, if it can be ensured that the accused will be available as and
when required for the trial, then, detaining the person is not
required and custody should be avoided at all cost.

The provisions of the Criminal Procedure Code, 1973 (Cr. P.C.)

regarding the arrest of an individual must be interpreted in a sense
that unless indispensable, detention of a person must be avoided.
Let’s not forget that guilt of a person can be established only after
trial and we come across many a case where accused are acquitted
of all charges after years languishing in jail and after years of trial.

31 | P a g e
In all such cases the Right to Life and Liberty is the biggest
casualty and every such case is no less than a crime by state and

judiciary upon the acquitted person who has languished in jail for
denial of bail

PRAYER

It is therefore most respectfully prayed to this Hon’ble court

that the applicant may kindly be ordered to be released on bail till
the final disposal of the case in the interest of the justice.

DATED: APPLICANT

THROUGH

JURIST FALCON

ATHAR ALAM

CHAMBER NO:302

SAKET ,NEWDELHI

32 | P a g e
 IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE DISTT. EAST, KKD. , DELHI

IN RE: PWDV PETITION NO. 188 OF 2021

IN THE MATTER OF :

SMT. KANCHAN
W/O LATE SH. ASHISH
D/O SH. PURAN CHAND
R/OH.NO. E-486,GALI NO.9,
WEST VINOD NAGAR ,DELHI-110092
….. COMPLAINANT
VERSUS
ATAR SINGH (FATHER -IN -LAW)
S/O NOT KNOWN
AND OTHERS
….. RESPONDENTS
P.S. MANDAWALI
APPLICATION U/S 17 R/W SECTION 23(2) OF THE
PROTECTION OF WOMEN FROM THE DOMESTIC
VIOLENCE ACT ,2005 (43 OF 2005) FOR GRANT OF INTERIM
MAINTENANCE ALLOWANCES, RESIDENCE ORDER IN THE
MATRIMONIAL HOME AND FOR EARLY HEARING.
MOST RESPECTFULLY SHOWETH :-
1. That the accompanying petition under section 12 of the
protection of Women from Domestic Violence Act has been
filed by the applicant before this hon'ble court ,which is pending
for adjudication of which next date of hearing is 30 APRIL 2021.

33 | P a g e
2. That the petitioner/aggrieved person is a widow and housewife
and has no moveable or immovable in her name and has no other
sources of income for maintaining herself and her minor
children.
3. That the aggrieved person is the legal wedded wife of the
deceased son of the respondent no.1 as such respondent no.1 is
legally and morally bound to maintain the aggrieved person as
per his status.
4. That the petitioner and her children have no means of livelihood
and source of income and thus requires Rs 50000/month for
maintenance of herself and her two minor children. Petitioner is
deprived of the basic amenities of life.
5. That the date of hearing should be preponed at earliest date
possible as the next date is on 30th April which is almost 2
months which will create more difficulty in the life of petitioner
and her dependent children.
6. That the petitioner is deprived of residence at her matrimonial
home by her in-laws thus it should be directed to provide
residential accommodation in her matrimonial home with proper
security to her and her children.

PRAYER

Under the facts and circumstances mentioned above it is

therefore humbly submitted:

1. That the petitioner should kindly be provided interim

maintenance of Rs 50000 per month for her living and her two
minor children.
2. That the date of hearing may kindly be preponed and an early
hearing should be provided.
3. That the residential right of the petitioner must be protected
and thus she must be provided residence in her matrimonial
home with proper security to her.

34 | P a g e
Date:08/03/2021

Place: New Delhi

COMPLAINANT
THROUGH: JURIST FALCON

The Legal Associates

Athar Alam

Advocates

Ch: 302, 3rd floor, Lawyers

Chamber, Saket District court,

New Delhi

M-9891356444/333

35 | P a g e
IN THE COURT OF SMT RITU SINGH, METROPOLITAN
MAGISTRATE DISTT. EAST, KKD., DELHI

IN RE: PWDV PETITION NO. 188 OF 2021

IN THE MATTER OF:

SMT. KANCHAN

W/O LATE SH. ASHISH

D/O SH. PURAN CHAND

R/OH.NO. E-486, GALI NO.9,

WEST VINOD NAGAR, DELHI-110092

….. COMPLAINANT

VERSUS

ATAR SINGH (FATHER -IN -LAW)

S/O NOT KNOWN

AND OTHERS
….. RESPONDENTS

P.S. MANDAWALI

APPLICATION U/S 17 R/W SECTION 23(2) OF THE

PROTECTION OF WOMEN FROM THE DOMESTIC VIOLENCE
ACT ,2005 (43 OF 2005) FOR GRANT OF INTERIM

36 | P a g e
 MAINTENANCE ALLOWANCES, RESIDENCE ORDER IN THE
MATRIMONIAL HOME AND FOR EARLY HEARING.

MOST RESPECTFULLY SHOWETH: -

1. That the accompanying petition under section 12 of the protection

of Women from Domestic Violence Act has been filed by the
applicant before this hon'ble court, which is pending for
adjudication of which next date of hearing is 30 APRIL 2021.

2. That the petitioner/aggrieved person is a widow and housewife

and has no moveable or immovable in her name and has no other
sources of income for maintaining herself and her minor children.

3. That the aggrieved person is the legal wedded wife of the

deceased son of the respondent no.1 as such respondent no.1 is
legally and morally bound to maintain the aggrieved person as
per his status.

4. That the petitioner and her children have no means of livelihood

and source of income and thus requires Rs 50000/month for
maintenance of herself and her two minor children. Petitioner is
deprived of the basic amenities of life.

5. That the date of hearing should be preponed at earliest date

possible as the next date is on 30th April which is almost 2 months
which will create more difficulty in the life of petitioner and her
dependent children.

6. That the petitioner is deprived of residence at her matrimonial

home by her in-laws thus it should be directed to provide
residential accommodation in her matrimonial home with proper
security to her and her children.

37 | P a g e
 PRAYER

Under the facts and circumstances mentioned above it is

therefore humbly submitted:

a) That the petitioner should kindly be provided interim maintenance

of Rs 50000 per month for her living and her two minor children.

b) That the date of hearing may kindly be preponed, and an early

hearing should be provided.

c) That the residential right of the complainant must be protected

and thus she must be provided residence in her matrimonial
home with proper security to her.

d) Direction be issued to the Ahlmad for putting this matter at the

earliest before the hon’ble court for dispose of interim
maintenance application.

e) Any other or further order(s) relief which this Hon’ble court deems
fit and proper in the facts and circumstances of the case may also
be passed in favour of the complainant.

COMPLAINANT

THROUGH: JURIST FALCON

The Legal Associates

Athar Alam

Ms Sumbul Athar

Azhar Alam
38 | P a g e
 Mr. Fazal Waris Khan

Mr. Omair Shaquib

Ms. Shweta Sand

Advocates

Ch: 302, 3rd floor, Lawyers

Chamber, Saket District court,

New Delhi

M-9891356444/333

Date:08/03/2021

Place: New Delhi

39 | P a g e
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE
DISTT. EAST, KKD., DELHI

IN RE: PWDV PETITION NO. 188 OF 2021

IN THE MATTER OF:

SMT. KANCHAN

….. COMPLAINANT

VERSUS

ATAR SINGH (FATHER -IN -LAW)

AND OTHERS
….. RESPONDENTS

AFFIDAVIT

I, Kanchan W/o Late Shri Ashish D/o Shri Pooran Chand R/o
H.No. E-486, Gali No. 9, West Vinod Nagar, Delhi-110092, do
hereby solemnly affirm amd declare as under: -

1. That I am the complainant / aggrieved person in the above

case and well conversant with the facts therof and as such I
am competent to swear this affidavit.

2. That I have filled this application u/s 17 r/w section 23(2) of the
protection of women from the domestic violence act ,2005 (43
of 2005) for grant of interim maintenance allowances,
residence order in the matrimonial home and for early hearing
before this hon’ble court. The contents of the same may kindly
be read as part and parcel of this affidavit, same are not
reproduced for the sake of brevity.

40 | P a g e
3. That the contents of the accompanying application have been
drafted by my counsel under my instructions and contents
thereof have been read over and explained to me in
vernacular, which I admit to be correct.

DEPONENT

VERIFICATION

Verified at the Delhi on this 10th day of March, 2021 that the
contents of my aforesaid are true and correct to my knowledge
and belief and noting has been concealed therefrom.

DEPONENT

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