Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 29

4

COURT DIARY
Internship Report

AMITY UNIVERSITY, HARYANA


AMITY LAW SCHOOL
UNDER THE GUIDANCE AND SUPERVISION OF
HARISH SAINI
Advocate on record
District and Session Court of Gurugram

Submitted To :
MS. MINAKSHI SONI
SubmittedBy-
ASHISH GOYAL
B.COM.LL.B.(H).
7TH SEM
A50821618001
4

DECLARATION

This declaration is made regarding the internship report which has been prepared and
drafted by under the supervision of the Adv. HARISH SAINI, Advocate on record of district
court of Gurugram,chamber no.173,sardar patel block C. It contains the work accomplished
during the internship which was assigned during the internship. This work was done in
respect of the partial fulfilment of the requirement for the award of degree of
B.COM.LL.B.
4

ACKNOWLEDGEMENT

At the outset. I would like to thank God for his blessings and benevolently granting me
vigour and audacity to complete my internship successfully. Before submitting my detailed
report/diary on internship, I find an opportunity to place on record my warm gratitudetowards
Ms. MINAKSHI SONI Faculty of Amity Law School , Haryana . I would like to place my
warm gratitude towards the Adv. Mr. HARISH SAINI whom, I completed my internship and I
gained a detailed and useful experience for the purpose of Internship as well as for
profession of advocacy in near future.
4

CERTIFICATE

The document attached here are the true copy of the certificate received in lieu of the
work undertaken during the course of my internship and the drafts prepared by me for the
drafting.
4
4

INTRODUCTION

The objective of such programs is to provide an understanding of the human, social, and policy
contexts of law and legal practice.
Internship fulfil an important component of both academic and practical education in law. The
integration of professional experience into the learning process is highly effective in developing
your understanding of the law in actions, as you are able to observe and perceive the relevance
and application of theory to practice. Consequently, the program is not simply work experience'
but a significant educational experience.
In a workspace setting you will be exposed to the reality of the practice of law in all its
dimensions - the integration of different areas of law, policy issues the application and
development of skills to analysis and resolution of client concerns; ethical responses to situations
which arises unexpectedly and spontaneously; issues of professional responsibility including
responsibility to clients and case management, and the operation of the government and court
system in the legal process.
Since the inception of LL.B program at the Amity Law School, a practical experience
component i.e. internship has been part of the compulsory subject and thus of the LL.B degree.
The Legal Internship Program is not designed to teach students how to be good lawyers (or how
to be lawyers at all it takes more than study at University to do that. The objectives are to
• Expose you to the law in operation in contexts where you will come to perceive aspects of law
which cannot be learned from reading or hearing about it:
• Allow you to perceive ways in which the formal learning you acquire at University may be
applied in practice and thereof to develop an appreciation of the practical dimensions of legal
principals.
4

INDEX

S. List of Activities done during internship P.


NO NO.
.
1. INTRODUCTION 1
2. DECLARATION 2
3. ACKNOWLEDGEMENT 3
4. CERTIFICATE 4
5. INTRO. ABOUT DIARY 5
6. INDEX 6
7. INTERNSHIP REPOPRT 7 -26
8. MY EXPERIENCE 27
4

INTERNSHIP REPORT

ENTRY 1.
Dated : - 26-07-21

As it was the First day of my internship, I was made to sit with Sir in his office and see how he
works. He was working on Arbitration and was preparing his arguments.
Few new things, which I was introduced to that day, while observing the draft were;
● LOA-letter of award/acceptance
● LOI-letter of investigation
● RFP-request for proposal
● ROW-right of way
During the observation we were asked to notice all the mistakes made by sir and they were to be
corrected later. This way he made sure that I’m actually paying attention towards how a
arguments are drafted.
4

ENTRY 2.
Dated :-27-07-21

Case Type: CA - CIVIL APPEAL


Case Status
First Hearing Date: 12th March 2018
Next Hearing Date: 11th January 2022
Case Stage: Arguments (26\07\2021)
Court Number and Judge: 30-Additional District Judge
Petitioner and Advocate
1) ASHOK KUMAR
Advocate- Harish Kumar Saini
Respondent and Advocate
1) PRAHLAD SINGH THROUGH SAROJ BALA
2) SH VINOD KUMAR
3) PRIMARY LAND DEVELOPMENT BANK,
Act used CRPC
Present: Sh. Harish Saini, counsel for the appellant. Sh. Ashwani Rao, counsel for respondent
No.1(i),(ii) &(iii). Sh. Amarjeet Yadav, counsel for the proforma respondent no.2. Case received
by way of transfer. It be checked and registered. Notice to respondent no.2 not issued. Let fresh
notice to respondent no.2 be issued for 11.01.2022 on filing of copy, PF etc.

My observations in this case are as follows:


● It is little cumbersome for the lawyer to handle the case from in between. The task of lawyer
multiplies as he has to understand the case from the beginning.
● The proceedings took time of just 5 minutes.

Place : District and Sessions Court, Gurgram


4

ENTRY 3.
Dated :- 28-07-21

Case Details
Case Type: CM - CIVIL MISCELLANEOUS APPLICATION
First Hearing Date: 21st August 2021
Decision Date: 02nd August 2021
Case Status: Case disposed
Nature of Disposal: Uncontested--Disposed off
Court Number and Judge: 24-Additional District and Sessions Judge
Petitioner and Advocate
1) SUNHERI THROUGH PAWAN KUMAR
Advocate- Harish Kumar Saini

Respondent and Advocate


1) JATINDER SINGH

Act used Civil defence act

Sunheri Vs. Jitender Singh


Present : Proxy for Sh.B.S. Rao, counsel for the Jitender Bagga/Objector. Sh.M.K. Dang,
counsel for the Sunheri, Kishan Lal and Rajbir. Sh.K.K. Aggarwal, counsel for respondent
Pawan Kumar. Amended title on behalf of petitioner not filed. Reply to the petition on behalf of
applicant Pawan Kumar also not filed. Adjournment is requested. Heard. Allowed. Now case is
adjourned to 22.08.2021 for filing title on behalf of petitioner. Reply to the petition be also filed
on behalf of applicant Pawan Kumar on the said date. (Vijay James) Additional District Judge,
Gurugram. [ UID : HR0184 ]. Date of order : 02.08.2021 Neha, Stenographer Gr. III

PLACE : District and Sessions Court, Gurgram


4

ENTRY 4.
Dated :- 29-07-21
Case Details
Case Type: HMA - Hindu Marriage Act Cases
Filing Number: 1519/2021Filing Date: 18-03-2021
Registration Number: 392/2021Registration Date: 18-03-2021
CNR Number: HRGR01-002880-2021

Case Status
First Hearing Date: 18th March 2021
Next Hearing Date: 13th January 2022
Case Stage: NOTICE
Court Number and Judge: 31-Additional Principal Judge (Additional Family Court)
Petitioner and Advocate
1) Tanuj
Advocate- Harish Kumar Saini

Respondent and Advocate


1) Anju

Acts used Hindu Marriage Act


Tanuj Vs. Anuj
HMA 392 OF 2021
Present : Sh. Narender Yadav, counsel for the petitioner.
Notice issued to the respondent not received back. Let fresh
notice be issued to the respondent for 13.01.2022 on filing of copy,R.C etc.
I went to the Family Court along with other intern and we observed the proceeding. On that
day, written arguments were filed by our sir. And a further date was given to us.

Date of Order: 23.09.2021 (Narinder Kaur)


4

(jitendra) Additional Principal Judge


Family Court, Gurugram.

PLACE : District and Sessions Court, Gurgram


4

ENTRY 5.
Dated :- 30-07-21

Case Details
Case Type: CRA - CRIMINAL APPEALS
Case Status
First Hearing Date: 30 -07-2021
Next Hearing Date: 13th December 2021
Case Stage: Appearance
Court Number and Judge: 28-Additional District and Sessions Judge
Petitioner and Advocate
1) JASVIR SINGH
Advocate- Harish Kumar Saini

Respondent and Advocate


1) M/S SURYA ENTERPRISES

Acts Used CrPc 1973


Observation :
As the defendant asked for 1 month time which was allowed to him by the court, but if he failed
in doing so then he will be charged with pecuniary punishment.

PLACE :District and Sessions Court, Gurgram


4

ENTRY 6.
Dated :- 2-08-21

Place - Lawyer’s Chamber


I was given a case file to study and it was KAMLESH DEVI V. BHAGWAN DAS and brief
facts of this case are-
As in the following case Petitioner claimed he was tenant in cultivation of property on appointed
day - Property sold to applicant respondent by original owner - Such claim is sought to be
justified by contending that his name was indicated in cultivator's Column of RTC and that such
tenancy was on crop sharing basis - Land Tribunal had rejected Form 7 of petitioner by detailed
consideration of evidence - No document was produced to indicate that there was arrangement
on crop sharing basis - Such conclusion reached by Land Tribunal has been concurrently upheld
by High Court - Direction issued by Supreme Court, pending SLP, to parties to maintain status-
quo vacated.
4

ENTRY 7.
Dated :- 3-08-21

Case Status
First Hearing Date: 03rd Aug 2021
Next Hearing Date: 13th December 2021
Case Stage: Appearance
Court Number and Judge: 28-Additional District and Sessions Judge
Petitioner and Advocate1) JASVIR SINGH
Advocate- Harish Kumar Saini

Respondent and Advocate1) M/S SURYA ENTERPRISES

Acts
Code of Criminal Procedure, 1973- 138

District and Sessions Court, Gurgram


4

ENTRY 8.
Dated :- 4-08-21

Case Details
Case Type: CRA - CRIMINAL APPEALS

Case Status
First Hearing Date: 4th aug 2021
Next Hearing Date: 07th December 2021
Case Stage: WARRANT
Court Number and Judge: 37-Additional District and Sessions Judge
Petitioner and Advocate
1) BHAVNESH
Advocate- Harish Kumar Saini

Respondent and Advocate


1) AMITA

Acts - CRPC
Subordinate Court Information

District and Sessions Court, Gurgram


4

ENTRY 9.
Dated :- 5-08-21

In the court of Ms. Raj Gupta , ADJ , Gurugram


In matter of
Raju V. Premsagar
Sections involved :
Section 138 of Negotiable instrument Act.
Observation :
Case was filed against the person due to non payment of money/ dishonour of the cheque and the
next date was given to both the parties.
Status : pending
Next date of hearing: 2.11.21
4

ENTRY 10.
Dated :- 06-08-21

Case Details
Case Type: MACP - MOTOR ACCIDENT CLAIM PETITION

Case Status
First Hearing Date: 6 august 2021
Next Hearing Date: 18th January 2022
Case Stage: Issues
Court Number and Judge: 36-Additional District and Sessions Judge
Petitioner and Advocate
1) POORNIMA ETC
Advocate- Harish Kumar Saini

Respondent and Advocate


1) PARMOD KUMAR ETC

2) KIRAN SHERAWAT

3) LIBERTY GENERAL INSURANCE LTD

Acts CRPC
MACP/376/2021
Poornima and another Vs. Parmod and others.
Present Shri Harish Saini, Advocate for the petitioners.
Claim petition received by way of assignment. It be checked
and registered. Notice of the claim petition be issued to the respondents
for 24.09.2021 on filing of copies of claim petition, PF etc.
(Amit Sahrawat)
4

MACT/Gurugram
District and Sessions Court, Gurgram
4

ENTRY 11.
Dated :- 9-08-21

In the court of Sh. Upendra Singh , ADJ, Gurugram


In matter of
Devendar V. Chauhan trading co.
Observation:
Suit for recovery of ₹1,00,000
The defendant failed to appear before the court.
Next date of hearing : 10.10.21
4

ENTRY 12.
Dated :- 10-08-21

In the court of Ms. Chavi Goel , JMFC , Gurugram


In the matter of
Mr. Purushottam Pandey V. Mrs. Shanti Pandey
Sections involved :
Hindu marriage Act , the code Criminal procedure sec – 125 , Divorce Act
Observation :
Suit for divorce was presented before the court, demands , consents and agreements were also
presented , they were given the next date of hearing.
Next date of hearing : 16.11.21
4

ENTRY 13.
Dated :- 11-08-21

In the court of Ms. Raj Gupta, ADJ , Gurugram


In matter of
Raju V. Premsagar
Observation:
The defendant was given time of two days to pay the amount back to the plantiff and also he was
charged with compensation which he was required to pay to the plantiff for the damages
occurred on the plantiff.
4

ENTRY 14.
Dated:- 12-08-21

District and Session court:


In the case of State vs. Vasudev Bhatia, the matter was listed for arguments as per the section
245(2) of Code of Criminal Procedure for the discharge of the one amongst the accused.
But the prosecution sought time for producing certain documents which were said to be locked
and sealed in a trunk and that was done without any explanation or any reason for taking such
step and locking/sealing those documents.
An application for the cancellation of non bailable warrant was given in the court
4

ENTRY 15.
Dated:- 13-08-21

Observation done on client counselling :


As the client was discussing about his bank loan and how to tackle it as he needed counselling
about his recent bank loan and problems occurring due to them . As Mr. Aggarwal firstly told
made the client comfortable and then asked him about him about his problems regarding the
matter as the client told him everything and then Mr. Aggarwal(advocate) told him about the
ways he can choose to tackle the problem and the laws which are in his favour and how the client
can overcome the harassment caused to him by the bank.
I was allowed to observe all this and learn from this on how we counsel the clients and help
them to look over a good remedy and to tackle the problem.
4

ENTRY 16.
Dated :-16-08-21 to 20-08-21

I was assigned with the work to do analysis on a case. Which wasShankariPrasad vs Union of
India (AIR 1951 SC 455)
As my analysis on the case was (a brief) :
Facts :The political party in power had carried out certain agrarian reforms in Madhya Pradesh,
Uttar Pradesh, Bihar by enacting legislation which may be compendiously known as Zamindari
Abolition Acts. Certain Zamindars, feeling aggrieved, had challenged the aforementioned
enactments in the Court of law on the grounds that it contravened the Fundamental Rights
conferred on them by part III of the Constitution of India.The High court at Patna held that the
Acts passed in Bihar were unconstitutional while the High Courts at Allahbad and Nagpur
upheld the validity of the acts in U.P and M.P, respectively. Appeals from those decisions were
made and the Union Government, in order to put an end to these litigations and also as a remedy
to certain defects, brought forward the bill of amendment.. The aforementioned Bill, after
receiving the requisite majority came to be known as the Constitution (First) Amendment Act,
1951. As a reaction to this move of the Government, the Zamindars brought their petitions
under Article 32 of the Constitution of India, impugning the Amendment Act itself as void and
unconstitutional.
Judgement :
It held that the parliament’s amending power under Article 368 also includes the power to amend
the fundamental rights guaranteed in Part III of the Constitution.
Further, it said that a constitutional amendment act enacted to abridge or take away the
fundamental rights is not void under Article 13(2).
Therefore, the Court upheld the validity of the 1st Amendment Ac(1951), which curtailed the
right to properly by inserting Articles 31 A and 31 B.
4

ENTRY 17.
Dated :- 23 -08-21

In the court of Sh. Upendra Singh, ADJ, Gurugram


In matter of
Devendar V. Chauhan trading co.
Sections involved:
Order 37 of the code civil procedure.
Observation :
The money was recovered from the recovered i.e ₹1,00,000
Case was closed.
4

ENTRY 18.
Dated :- 24-08-21

On the last day I learned to draft a legal notice . As it was something new for me to learn and
know.
Sample of legal notice-
Legal Notice

ADVOCATE NAME___________

OFFICE ADDRESS______________

CONTACT NO:_________

Ret No Details of the dimt needs to be given)

Dated________

REGISTERED AD/ SPEED POST

Τo
1_______

SUBJECT: LEGAL NOTICE UNDER SECTION __________of______ ACT.

Dear Sir/ Madam,

Under instruction and on behalf of our client _______ son of_______ resident of________ I do
hereby serve upon you with the following notice under section _____of the ______Act
4

1. That my client__________
2. That since_________
3. That on_________
4- That my dient filed a Demand Notice______
I therefore through this Notice call upon you__________
A copy of this legal notice is retained in my office for further necessary action

ADVOCATE SIGNATURE
4

MY EXPERIENCE DURING THE INTERNSHIP

As my Internship was really nice for me as I really learned a lot of things during my internship.
During the internship duration I learned how different the things really are in the court and how
things really work in the chamber of the lawyer and how the practical apply of law works and
how it is a whole lot of different from the theory we are taught in the college. As law in not just
about theory but also about how you study the facts and how sound you keep your mind while
fighting any case in the law.
As I also learned that how important and good it is to maintain a diary for the cases, as it helps in
keeping track of every case and the details and saving a lot of time. In the internship I learned a
lot of things like how to draft petition ,legal notice ,affidavit and many more things which is
quite helpful for me and in my study of law.
the internship allow us to experience the outside world and how the things really work, as I feel
good that I got this chance of experience even during the time like this i.e. corona/lockdown,
even due to the corona the work of lawyer and judges never stopped it just slowed down.
I also learned that how important things like reading- news , articles related to law, amendments,
new acts, provisions of law - is for any lawyer or for the students of law and also that it is
important for any lawyer to keep the mind cool and concentrated while taking reading any case
as this helps in having a clearer view of the case.

You might also like