Internship Report
Internship Report
We also managed to meet a Naib Court and enquire about his duties and
functions. He is a police employee and serves as a link between the court and
the police.He described himself as a “daak – peon” or some sort of a postman
– cumpeon and explained that he takes the court summons / notice to the
police station under whose jurisdiction the accused / witness resides and
brings the copy of the FIR and the other documents from the police station to
the court. Therefore, he acts as a very important intermediary in the issue of
process in criminal cases.
DAY 3: Monday 04-07-2022
I reached Allahabad High Court next day. Today I read cases of sir which were
done by him in previously in the high court of Allahabad. There were so many
files in the office, I selected from the middle section a bunch of files and read
them. It was very difficult to understand as it was first time for me to study a
real file of a client. The cases were of disposed off status. It was difficult for
me to understand and for the same I cleared my doubts from the sir about legal
terms used in the case file.
After that we go to the courtroom to see if a witness in one of Mr. Cases was
present. The room was crowded and asking around was futile. We were then
informed by another advocate present that we could gather our information by
looking at the Naib Court’s diary. He is supposed to maintain the record of
every witness’ appearance or nonappearance and has to call out witnesses who
are present to take the stand before the judge.
Today I learnt about provisions of article 226 and 227 of the Indian
Constitution and that were to be read by us thoroughly to mention the
difference between these two. We learned that in petitions under article 226
High Courts exercise their original jurisdiction and in petitions under aricle
227, High Court exercise their supervisory jurisdiction. After that we visited to
the court room for a case, we were from the plaintiff side but the plaintiff did
notappeared and thus sir ask for adjournment.
DAY 5: Wednesday 06-07-2022
Today I started searching about all the previous cases which were disposed off
and read them. Then I browsed the website of High Court to know the status
of those cases. After that, I read a case argued by sir and discussed it, which
was a very learning experience. Later, I studied some legal abbreviations like
FA, WP, IA etc.
Since it was Saturday the day was spent at the office by going through the
files. I read many previous cases and their related documents and with the
same I read provisions under which those cases were filed and argued. It was
fun to relate a real case with theories and provisions we read and learnt.
WEEK- TWO
Today, I witnessed real client discussing his case with sir and telling him all
the required details for the case, all the facts told by him were listened
carefully by sir and some of his juniors and me. Then after the client left,
discussion was done on the same. Then a brief drafting procedure was told by
one of the junior of sir’s. The day ended up with clearing all my doubts
regarding the new case came to sir.
I visit to the court and I saw that many judges were on strike, so the scheduled
cases for the day were postponed by the office of judges. So to make use of
the day, we went to the staff room and got the summons notice of those who
were listed for summons.
Today, the interns could barely watch the proceedings as the court was
crowded. In addition, the interns are usually mainly tasked with transporting
files from one court room to another.
1. We had to wait till lunch time to gain some useful information. Once
thecrowdhad retreated, every advocate/ officer of
thecourt/policeman/peon was helpful and eager to guide law students
who would very soon join the fraternity. We first contacted the Alhmed
in the court of a Sessions Judge and asked him to give us an overview
of his functions. The Alhmed ensures that all case files are kept in an
almirah kept behind him, except those fixed for the day or which are
being inspected or in which compliance of some orders, including
issue of processes is to be made. An Alhmed is therefore responsible
for the safe custody of records. We had a few questions that were left
unanswered because the Alhmed had to arrange files for the post lunch
session.
2. After that day spent at the office going through numerous case files.
Saw the way documents are arranged –
Urgent Application
Memo of Parties
Court Fee
Plaint
Interim Application
Application for Exemption for filing of the Original Documents
List of Documents
Vakaltnama our associates asked us to prepare a list of Dates
and thelist if witnesses by the plaintiff.
1. S.No.
I visited the Court to observe arguments the matter of Dhampur Sugar Mills
Limited And Another vs. State Of U.P. And 3 Others .
The Hon’ble court grant the Leave. The present appeal is directed against
the judgment and final order passed by the Division Bench of the High
Court of Judicature at Allahabad dated October 29, 2020 in Civil
Miscellaneous Writ Petition No. 1369 of 2020. By the said order, the High
Court dismissed the writ petition filed by the writ petitioner- appellant
herein.
Today, I started reading legal news from websites like livelaw.in and
bar&bench.com. Then I also learned about session trial, criminal misc etc. It
was interesting to know that a single Court can hear 30 to 35 types of cases.
DAY 12: Thursday 14-07-2022
Today I met a new intern at the office, he was also pursuing the same course as
that of mine. Introductory talks were done then we went to the court together
for the proceeding and there another case listed at Allahabad High Court the
matter was put up for final arguments. The case had been pending in the last
12 years. The case relates to an accident by a truck which collided with two
cars at a red light and the occupants of the cars were injured. I observed that
virtually no opportunity is given to the public prosecutors to raise final
arguments in petty offense cases. The judge listed the matter to a later date for
pronouncement of the judgement and asked us to get bail bonds on that date
irrespective of whether the accused would be acquitted or convicted.
WEEK-THREE
Today I visited the Court and saw a case which is related to the tort of
malicious prosecution filed against few Allahabad Police personnel. Neither
the plaintiff nor the counsel for the plaintiff was present and only the
plaintiff’s father was present to seek an adjournment in the matter by
requesting us to do it instead. The court after perusal of the previous record of
the case found out that the plaintiff had been seeking adjournments for one or
the other reason and is taking the case in lack adaisical manner by not
appearing before it. The court decided to impose a cost of Rs. 3000 to be paid
to each of the defendants. However, on realising that there are 4 defendants in
this case and the cost would be a burden on the plaintiff, the cost was reduced
to half.
We were then informed by another advocate present that we could gather our
information by looking at the Naib Court’s diary. He is supposed to maintain
the record of every witness’s appearance or nonappearance and has to call out
witnesses who are present to take the stand before the judge. We then
proceeded to obtain a certified copy of a divorce decree to do so, one has to
fill a ‘Civil Certified Copy Form’, get it signed by the Advocate and party
concerned, pay the fees requisite and submit it at the determined counter at
theFacilitation Centre. A certified copy signifies that it is the true copy of the
concerned document, as is present in the record of the court. It has to be
specified if the application is ordinary or urgent. The application also has to
state whether the copy is required for private use or otherwise since the fee for
the latter is higher.
Today I got to see the place where the cases and loose documents are filed; it
was good to see that there were different sections to file the cases for male and
female advocates. The officials typed all the information of the case to be filed
or type information of loose documents in computers so that it can be attached
to the real documents and cases belonged to the same. This whole data is
uploaded online which can be seen online on official site of Court.
Today, we read legal news and updates. Then we were shown format in Court
rules which was format of cases filed in court. We were also given a task to
read previous orders of cases filed. We also read some case filed and their
annexure.
After that we went to court room and there, we saw proceeding in which
thecomplainant was the wife of accused. She alleged regular beatings after the
accused consumed alcohol. The court ordered the police to investigate the
matter further and the hearing was adjourned.
DAY 17: Wednesday 20-07-2022
Today, I went to the divisional commissioner and even saw the court
established there, IAS officers are recruited as judges there to provide justice.
They also keep records of every report, notice, and application etc which is
sent to them or through them. Through the party’s name or through subject of
the letter it can be found on their software.
We were asked to work from the office and look at files with transcripts of the
examination in chief and cross examination. We noted that on account of an
amendment to Order 18 Rule 4 of CPC, the only mode of examination in chief
is through filing affidavits that are titled ‘Affidavit in lieu of examination in
chief.
Such an affidavit also must be filed after the cross examination of witnesses.
However, it is only in the case of chief examination that courts are denied the
20 opportunities to appreciate and assess the demeanour of witnesses since it
is not conducted in their presence. But the court can do so during cross
examination and re-examination. Also clarified that the important task of
examining and cross-examining witnesses could not be delegated to Local
Commissioners, who just must record evidence. The courts justifiably and
robustly retain such aspects of the trial exclusively for themselves. Also,
appointment of a Local Commissioner is not a matter of routine. Faith in the
judicial adjudicatory process is affirmed and enhanced when litigants observe
the conclusion of proceedings in the court and return with the impression that
a fair and equitable procedure had been adopted.
WEEK-FOUR
Today, I interacted with the clients of sir and asked questions to them which
were regarding their case. They had almost full knowledge of their case and
how sir were going to tackle the situations going to come in the court during
the trial.
At the office, the interns were told to come for client counselling in a divorce
case. The woman/wife had decided to file for divorce. She did not allege any
cruelty or other matrimonial faults for seeking divorcee but explained that she
wished to end her marriage due to issues of compatibility. She claimed that she
had lived with her husband for only two out of the five years for which they
were married. Since she was not accusing her spouse of any fault, told us that
we would have to look beyond the ambit of the Hindu Marriage Act, 1955, and
research on judicial precedents for divorce on grounds of irretrievable break
down of marriage.
Today I met other lawyers in the court itself. There is also bar of advocates
which a place for lawyers only, more precisely registered advocates only.
Lawyers have to be part of any one bar at least, for which there are different
bars with different monthly or yearly subscription or membership fees.
Today, I visited a different court there was a matter titled HASAN ABBAS VS
State of U.P. AND 3 OTHERS (Oct 13 2013) the case was concerned with
323/504/506/324/147 & 452 IPC in which the Hon’ble court grant the Bail
application.
Today, I Helped the associate’s research case law on cases of dowry death.
Was giving legal advice to the parents of the deceased wife. The accused
husband had been convicted under section 304B of the Indian Penal Code but
was seeking to get his offence compounded if the deceased wife’s family
members agreed to it.
Today I visited a different court which was family court. It was a wonderful
experience for me to visit that Court as many people were seen there who
came for justice. The working pattern was different of that court also it was
comparatively very small in size to that of high court.
WEEK-FIVE
The interns were asked to help the associates gather case law for arguments
before the National Consumer Dispute Redressal Commission. The facts of
the case were that the complainant had filed a complaint against the
manufacturer of a BMW as well as its retailer for an inherent manufacturing
defect. The State Commission had held the Opposite Parties liable to pay
compensation for the defect. However, a dispute had arisen about who
between the two parties would shell out the compensation.
Today, from the beginning only I sat in the court of Hon’ble Mr. Justice Brij
Raj Singh and observed for almost one hour. He is a judge of might who needs
everything accurate and correct. After that I went to the court of another judge
Hon’ble Mr. Justice Brij Raj Singh and observed the proceedings though the
honourable judge was not audible till last at some times. Then we went for
lunch in the nearby canteen. After that I observed the court of Hon’ble
Mr. Justice Brij Raj Singh who is very calm person, he has his own way of
doing things, he knows almost every old lawyer as he become judge of district
court directly from an advocate. It was a good day.
Today I had conversation with the advocates about interim order and jump
which is commonly used in courts. An interim order is an order which is made
by the judge during the pendency of a case to provide justice to people and a
jump is a point where normal going on serial numbers stop and request matter
is taken into consideration by the judges though its like for used by advocates
only. I also sat in the court of Hon’ble Mr. Justice Brij Raj Singh and heard the
proceedings.
Today, I went to the court and I followed Sir to the Court where the matter
titled Ashish Mishra vs State of U P and 2 others on 27 July, 2022 was listed.
The case was concerned with corruption. I finished synopsis of the case files I
was reading during the week.
DAY 30: Wednesday 03-08-2022
Today was the last day of my internship with not much of work left for this
day. A general discussion regarding internship experience, resume, cover
letters etc the staff of the office gave best wishes to us for the future and even
said to remain in contact for future doubts.
Conclusion