Report on Internship

At Power Grid Corporation of India Ltd.

Submitted in partial fulfillment for the Award of degree of LLB (Gen) II

Academic Year 2020-21

Submitted to:

FACULTY OF LAW

Maharaja Sayajirao University, Vadodara

Submitted by:

V. Vaishnavi Devi

PRN. 2019033800086153

Seat No. 301190

Index
S. No. Contents Page No.

1 Preface 2

2 Acknowledgement 3

3 Certificate of Internship 4

4 Introduction of Organization 5

5 Objective of the Organization 6

6 Daily Report 7

7 Concerned Law study 29

8 Study Undertaken 35

8 Observation 43

9 Experience 45

10 Conclusion 46

1
Preface
As a part of the curriculum for Students, The Bar Council of India has prescribed that each
registered student shall have completed minimum of 12 weeks internship for Three Year Course
stream during the entire period of legal studies under NGO, Trial and Appellate Advocates,
Judiciary, Legal Regulatory authorities, Legislatures and Parliament, Other Legal Functionaries,
Market Institutions, Law Firms, Companies, Local Self Government and other such bodies as the
University shall stipulate, where law is practiced either in action or in dispute resolution or in
management. This is an approach to show case my experience of such kind of training under a
Law Firm. This piece encompasses my Lessons of Practical World which eye opened me to a new
phase of life. The period reflects my future and exposes me to a better half of myself. I am very
thankful to Baroda School of Legal Studies to groom me to such an exposure and drilling from the
very initial stage.

2
Acknowledgement
This Internship would not have been possible without the guidance of Mr. Aji V. V. (Chief
Manager, Law) and Mr. Mahipal Bajiya (Deputy Manager, Law). Their constant efforts,
knowledge and sincerity towards the Corporation inspired me to learn more.

I would like to thank Astha Madam, Nazia Madam and Kanoj Sir for helping me out at every step
and their patience with me is appreciable. They taught me and provided me with enough material
to learn things thoroughly.

I am grateful to the Human Resources Department (HR) of Power Grid Corporation of India Ltd.,
Mr. Mithelesh Kumar (Senior GM, HR) and Mr. Hari Kishore Gupta (Chief Manager, Rajbhasha)
for providing me with this great opportunity at such short notice and a work friendly environment.

Also, I am grateful to the Baroda School of Legal Studies for including the internship as a part of
curriculum as it had provided exposure to the Indian Legal system and application of laws.

3
4
About the Organization
Power Grid Corporation of India Ltd.

The Power Grid Corporation of India Limited (POWERGRID), is an Indian state-owned

Maharatna company headquartered in Gurugram, India and engaged mainly in Transmission of
Power. POWERGRID transmits about 50% of the total power generated in India on its
transmission network. Its former subsidiary company, Power System Operation Corporation
Limited (POSOCO) handles power management for National Grid and all state transmission
utilities.

Power Grid Corporation of India Limited (POWERGRID) was incorporated on 23 October 1989
under the Companies Act, 1956 with an authorized share capital of Rs. 5,000 Crore (subsequently
enhanced to Rs. 10,000 Crore in Financial Year (FY) 2007-08) as a public limited company,
wholly owned by the Government of India.

Its original name was the 'National Power Transmission Corporation Limited', and it was charged
with planning, executing, owning, operating and maintaining high-voltage transmission systems
in the country. On 8 November 1990, the National Power Transmission Corporation received its
Certificate for Commencement of Business. Their name was subsequently changed to Power Grid
Corporation of India Limited, which took effect on 23 October 1992.

According to its mandate, the Corporation, apart from providing transmission system for
evacuation of central sector power, is also responsible for Establishment and Operation of
Regional and National Power Grids to facilitate transfer of power within and across the Regions
with Reliability, Security and Economy on sound commercial principles. Based on its performance
POWERGRID was recognized as a Mini-ratna category-I Public Sector Undertaking in October
1998. It is conferred with the status of "Navratna" by the Government of India in May 2008 and
"Maharatna" status in October 2019. POWERGRID, as the Central Transmission Utility of the
country, is playing a major role in Indian Power Sector and is also providing Open Access on its
inter-State transmission system.

5
Objectives of the organization
• Innovate, develop, demonstrate, evaluate and absorb state of the art power transmission
technologies for establishment of a smarter grid.
• Demonstration, assessment and deployment of cutting-edge technologies and condition
monitoring techniques for efficient, effective and optimal operation of the electric grid.
• Endorsement of basic and applied research for developing novel power transmission
technologies to meet clean and sustainable power transmission requirement of the nation.
• Promotion of participative/collaborative research in power sector by bringing agencies of
mutual interest viz. academic institutions, national/international research bodies on the
same platform.
• Promote indigenous development of power transmission equipment and related products
by Indian manufacturers and supplement the efforts under public-private partnership
model.
• Enhancement of knowledge base and dissemination of knowledge gathered among peers
and stake holders.

6
Daily Report
1st December2020

It was the first day of internship. The policies and the working days of the Corporation were
explained and a brief introduction about the Corporation was given. The Legal department’s Chief
Manager Mr. Aji V. V. asked a few questions about the curriculum at school and a few Acts.

Then Astha Madam explained contents written on the white boards hanging on the wall. One board
was containing the headings of the types of ongoing cases with the numbers in different Courts
and the other board contained the sorting of important ongoing cases based on their priority to the
Corporation.

The headings were:

• Injunction
• Tree/ Crop Compensation
• Land Acquisition
• Tax and Duties
• Service and Industries
• Recovery Suit
• Arbitration
• Other Cases

The regions covered by Vadodara Regional Head Quarter (RHQ) were explained and the Legal
Department at this RHQ only deals with cases affecting those regions.

7
2nd December, 2020

The laws affecting the Corporation and the effective acts were explained by Aji Sir. And One of
the most important acts that affect most of the operations of this Corporation in The Indian
Telegraph Act, 1885 and it is read with the Electricity Act, 2003.

Then I was asked to go through Section 10 to 16 of the Indian Telegraph Act, 1885. These sections
deal with Power to Place Telegraph Lines and Posts and the Provisions applicable to other
property. Then Mahipal Sir asked a few questions based on those sections.

Later I referred to Electricity Act, 2003’s sections 67 and 68 to understand the term ROW (Right
of Way). Also, Section 164 of the same which is about Exercise of Powers of the Telegraph
Authority in certain cases which is read with Section 13 of The Indian Telegraph Act, 1885.

8
3rd December, 2020

Astha Madam handed a file of a case. It was based on the Indian Telegraph Act, 1885.

I was asked to go through the Plaintiff’s petition.

The petition was about the compensation for:

i. For the normal crop damages

ii. For the Tower’s base area (between 4 legs)
iii. For diminution in land value in the width of right of way (ROW) corridor;

And determination of the compensation towards damages as per section 26 of The Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.
Also, they have claimed that the respondents have violated the Articles 14,19 and 21 of the
Constitution of India. The Plaintiff challenged the compensation decided by the Sub- Divisional
Magistrate which were as per the Guidelines provided by the Central Govt.

For reference, I went through the Section 26 of The Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act 2013. Section 26 is about Determination
of market value of land by Collector.

9
4th December, 2020

In continuation with the last day’s study, I went through the guidelines for compensation with
respect to ROW. Astha Madam explained me that the ROW Guidelines are different for each state
and they follow the Guidelines provided by the Central Govt.

Then I read the Counter Affidavit filed by the Respondents.

In the Counter Affidavit the Respondent claimed that no laws or constitutional laws were violated.

The Indian Telegraph Act vested absolute powers with the Respondent and the act carried on by
the Respondent was under the same act hence compensation cannot be claimed under section 26
of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act 2013. Also asked for compensation from the plaintiff for wasting the time of the
Hon’ble Court.

Then Aji Sir asked me about the facts of the above case and the arguments formulated by the
Respondents.

10
7th December, 2020

I went through the whole Ministry of Power’s Guidelines with respect to the RoW. The guidelines
are about determining the compensation towards "damages" as stipulated in section 67 and 68 of
the Electricity Act, 2003 read with Section 10 and 16 of Indian Telegraph Act, 1885 which will be
in addition to the compensation towards normal crop and tree damages. This amount will be
payable only for transmission lines supported by a tower base of 66 KV and above, and not for
sub transmission and distribution lines below 66 KV: -

(i) Compensation @ 85% of land value as determined by District Magistrate or any other
authority based on Circle rate/ Guideline value/ Stamp Act rates for tower base area
(between four legs) impacted severely due to installation of tower/pylon structure;
(ii) Compensation towards diminution of land value in the width of Right of Way (RoW)
Corridor due to laying of transmission line and imposing certain restriction would be
decided by the States as per categorization/type of land in different places of States,
subject to a maximum of 15% of land value as determined based on Circle ratel
Guideline value Stamp Act rates;
(iii) In areas where land owner/owners have been offered accepted alternate mode of
compensation by concerned corporation Municipality under Transfer Development
Rights (TDR) policy of State, the licensee Utility shall deposit compensation amount
as per (i) & (ii) above with the concerned Corporation Municipality Local Body or the
State Government.
(iv) For this purpose, the width of RoW corridor shall not be more than that prescribed in
the table at Annex-2and shall not be less than the width directly below the conductors.

I read the guidelines of each state that were covered under this RHQ of the Corporation.

The states Covered by this RHQ are:

Madhya Pradesh

Gujarat

Maharastra

11
8th December, 2020

I went through the state provided Guidelines with respect to RoW of Maharashtra and Gujarat.
The State Guidelines of Madhya Pradesh with respect to the RoW are similar to the Central Govt.
guidelines.

The Guidelines provided by the state of Maharashtra were as follows:

a) Compensation for the tower-based area shall be as per ready Reckoner/ time to time;
b) Compensation shall be paid at the rate of 15% for the diminution of land;
c) And compensation is to be paid for any loss to fruit, crop damage in accordance with
prevalent policy

The tower base area compensation is to be paid as per installment:

i. After laying foundation

ii. After erection of the tower
iii. The land from which transmission line is laid the third installment compensation should
be paid of the land below the wire only after the actual installment.

Then read a few case briefs related with the Maharashtra’s compensation Guidelines related with
RoW.

12
9th December, 2020

Read the Gujarat’s Guidelines for the compensation related with RoW.

The Guidelines:

a) 85% should be paid for tower-based area:

i. 40% after the foundation is completed
ii. 40% after the tower is erected
iii. 20% after the conductor stringing of the transmission line
b) 7.5% for RoW corridor which shall be calculated as per the valuation of the said value,
Govt. notification and online Jantri
c) Compensation rates for the damages to the crops/ trees shall be calculated by APMC and
which shall be verified by Sarpanch/ Talati/ Mamlatdar/ Revenue Officer.

Read a few cases relating with the above guidelines to understand the guidelines better.

13
10th December, 2020

Astha Madam explained how the filing is done for the ongoing cases. The binders have an index
which contains the details of the dates of hearing and the dates given by court.

Every update related with the case is stacked above in descending order. The Petitions or Claimants
application etc. are specifically highlighted by the use of sticky notes for the reference for the facts
of the case and the Counter Affidavits are highlighted with sticky notes and stacked before the
plaint’s petitions.

The cases are generally allotted to outsourced Advocates of each region and they represent the
Corporation in the Courts or appropriate tribunals. Those outsourced lawyers are to submit all the
updates related with the ongoing or closed case with the Legal Department of the Corporation.

For every Quarter there is a Progress Report made about the status of the cases. It is called QPR.
And they are all also filed in the files of the related cases to help understand a brief update on the
case.

The Department also makes a chart sheet of cases which includes the Outsourced Advocate’s
name, contact details, cases they are dealing allocated to the heads of types of cases, brief summary
of facts about the case, the next date given by the Courts or Appropriate Tribunals, and the status
of the case, whether on going or closed.

There is another sheet made which records the contingent liabilities of the Corporation related to
the ongoing suits.

I was later explained the calculation of the amount of those claims and the interest amount on such
claims. The rates of interests are generally specified in the petitions and it is in the hands of Courts
to decide reasonable rate. In the claims where there is no interest asked by the claimant or plaintiff,
the contingent liability records the interest rate as 0%.

Then I went through few QPRs and the sheets.

14
11th December, 2020

Astha Madam taught me how to find the status of the ongoing cases through the website of e-
Court.

It is an Indian Service portal where the status of pending cases in District court and Sessions Court
can be checked.

The procedure to check the status is very simple.

Firstly, choose the state, then district and the court complex.

Then the following details are need to be entered in the respective columns:

1. Party name
2. Case No.
3. Filing No.
4. Advocate’s Name:
5. FIR No.
6. Case type
7. CNR no.

Then the year of registration is to be entered, and select the status whether Pending or Disposed.

Then I checked a few case statuses to correctly understand the procedure.

15
14th December, 2020

Astha Madam and Nazia Madam showed the Note sheet and explained the reason behind the
requirement of preparing a note sheet in the organization.

A note sheet is made for the Internal Approval by the Executive Director of the RHQ of the
Corporation about the appointment of the Advocates and the acknowledgement of the suits.

The Note Sheet Contains the summary of the Facts and details about the Advocates who are going
to represent the Corporation in the respective court. And the Note sheet needs an Approval by the
Executive Director of the RHQ of the Corporation to proceed with the case and Advocates.

I was shown a few examples and a few old copies of the note sheets for understanding the format.

16
15th December, 2020

Aji Sir asked to study Arbitration and Conciliation Act 1996.

I went through the important sections to understand the concept of Arbitration and parties involved
in the process.

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or

more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties
opt for a private dispute resolution procedure instead of going to court.

Its principal characteristics are:

• Arbitration is consensual
• The parties choose the arbitrator(s)
• Arbitration is neutral
• Arbitration is a confidential procedure
• The decision of the arbitral tribunal is final and easy to enforce

Then I went through the number of Arbitrators and the Qualifications required to be appointed as
an Arbitrator.

17
16th December, 2020

I went through the procedure for removal and substitution of the Arbitrator by the parties.

Then studied about the Competence of arbitral tribunal to rule on its jurisdiction and Interim
measures ordered by arbitral tribunal.

Later, went through the Determination of rules of procedure and the Making of Arbitral Award
and termination of the proceedings along with the Recourse against the Arbitral Award and
Finality and the enforcement of Arbitral Awards.

18
17th December, 2020

I was given a file of an ongoing Arbitration case in the morning.

I was asked to read the claimant’s statement and the respondent’s defense Arguments.

The facts of the case were:

A company which was appointed by the Corporation for a project. The Claimant company claimed
that the respondent’s delay in obtaining permission caused a delay in project and the compensation
for delay should be processed from the respondent. Also, the Claimant claimed that the Respondent
hired other Agencies without the knowledge of the Claimant. They called such Agencies as Gangs.
The compensation they claimed included: cost incurred due to delay (Opportunity Cost), the
unprocessed funds, the interest on the unprocessed funds and the opportunity cost. Also, the
claimant claimed that the Respondent unlawfully deducted certain amount in name of charges.

19
18th December, 2020

Continued reading the last day’s case. Read the Defense arguments presented by the Respondent.

The respondents claimed that the Claimants were committing Supressio Veri, and the terms are
grossly infringed. And there is a mala fide intention behind suppressing the material facts.

The respondent also presented that the Claimant has asked provisionally for extension of time, 3
times, due to which the respondent has suffered tremendous loss because of fulfilling the
contractual obligations.

It was also presented by the Respondent that the Claimant already had the knowledge about the
required permissions from the beginning of the project and willfully employed skilled workers and
kept them idle in order to secure unlawful gains from the Respondent.

About the deploying of other Agencies, the Respondent had to act in the situation of emergency to
complete project in time by deploying nearby Agencies and Contractors, whose work was later
handed over to the Claimant and the Claimant had not coordinated with the Agencies and
Contractors to fulfill the responsibility for material reconciliation of the Project.

Hence the delay in project was an intentional slow process by the Claimant themselves.

The case is yet pending and the proceedings are affected by the Pandemic situation.

20
21st December, 2020

I was asked to differentiate between Litigation and Arbitration by Aji Sir.

Arbitration vs. Litigation: Comparison chart

Public/Private Arbitration Litigation

Type of Proceeding Private - between the two
parties
Type of Proceeding Civil – private
Evidence allowed Limited evidentiary process
How arbitrator/judge selected Parties select arbitrator
Formality Informal
Appeal available Usually binding; but
challengeable under the
grounds mentioned under
section 34 of Arbitration and
Conciliation Act 1996
Use of attorneys At the discretion of parties;
limited
Waiting time for the case to be As soon as arbitrator selected;
heard short
Costs Fee for the arbitrator, attorneys
Public - in a courtroom
Civil and criminal
Rules of evidence allowed
Court appoints judge - parties
have limited input
Formal
Appeal possible
Extensive use of attorneys
Must wait for the case to be
scheduled; long
Court costs, attorney fees;
costly

21
22nd December, 2020

Nazia Madam taught me about HBA.

HBA means House Building Advance. This is a facility which is provided by the Corporation to
its employees to avail the loan at minimal interest rates from the Corporation itself. Also, the
employees may transfer their pending loan from a bank to the Corporation to avail the benefit of
minimal interest rate. The loan provided under this heading is for the purpose of building a House.

The Legal Department’s role is to do the vetting of the documents and then provide a report to the
HR approving/ or not approving for the applied loan.

Nazia Madam taught the procedure for vetting the documents.

The required documents are:

Sale deed

Diversion order certificate

Layout plan

Colonizer Registration Certification

No Objection Certificate

Non-Encumbrance Certificate

Cost Estimate/ Plan

22
23rd, December, 2020

I read the Right to Information Act 2005. This Act replaced the previously prevalent Act which
was Freedom of Information Act 2002.

The Right to Information Act 2005 (RTI) is applicable to all constitutional authorities, including
the executive, legislature and judiciary; any institution or body established or constituted by an act
of Parliament or a state legislature. It is an Act of the Parliament of India “to provide for setting
out the practical regime of right to information for citizens.” The Act does not make the Right to
Information an absolute right but imposes ra restriction on this right. Section 8(1) of the Act deals
with exemption from disclosure of information.

The Corporation has its own portal for RTI provided with all the details.

I went through the website and read a few information related to the Corporation’s operations,
financial structure etc.

23
24th December, 2020

An old case file was given to me for studying.

The respondent had to install transmission lines through the land of the plaintiff. And the plaintiff
filed a suit claiming that:

1. The notice issued by the respondent was not clear, incomplete and illegal;
2. If the permission is given for erection of tower, the standing crops would be damaged;
3. The land of the Plaintiff is situated in the industrial zone so the the Erection and
transmission lines will diminish the rates of the land.

The case was later dismissed as sufficient time was provided to the Plaintiff to produce evidence
but there was no evidence submitted.

After a brief discussion about the case, it was concluded that The Indian Telegraph Act, 1885 vests
absolute power to the Corporation for erection of tower and transmission lines. The compensation
shall be provided as per the Guidelines provided by the Ministry of Power and the state with respect
to RoW.

24
28th December, 2020

A brief discussion happened in the office about the Labour Laws and the new Labour Code 2020

Labour falls under the Concurrent List of the Constitution. Therefore, both Parliament and state
legislatures can make laws regulating labour. In 2019, the Ministry of Labour and Employment
introduced four Bills on labour codes to consolidate 29 central laws. These Codes regulate: (i)
Wages, (ii) Industrial Relations, (iii) Social Security, and (iv) Occupational Safety, Health and
Working Conditions.

While the Codes consolidate and simplify existing laws to some extent, they fall short in some
respects. For example, the Codes on occupational safety and social security continue to retain
distinct provisions of each of the laws that these Codes subsume. For example, while the
Occupational Safety Code contains provisions on leaves for all employees, it continues to retain
additional leave entitlements for sales promotion employees (e.g., earned medical leave for 1/18th
of time on duty). Similarly, while the Codes rationalize definitions of different terms to a large
extent, they are not uniform in all respects. For example, while the Codes on wages, occupational
safety and social security contain the same definition of “contractor”, the code on industrial
relations does not define the term. Finally, while the government stated that 40 central labour
laws would be subsumed, the four Codes only replace 29 laws. The Annexure to this note lists the
laws which are being subsumed by each of the Codes.

25
29th December, 2020

I read an old case which was a Civil Suit against injunction.

The Respondent was restrained from installing erecting tower bearing in the land of the petitioner.

Petitioner filed a suit for permanent and prohibitory injunction restraining the respondent from
installing the towers and changing the site of the shortest route. Application was made to the Trial
Court and the Court upheld the order.

The Respondent submitted that the respondent is a licensee to transmit the power throughout the
country. And the respondent has been conferred with power under section 164 of The Electricity
Act 2003, and is authorized to exercise the power under the provisions of Indian Telegraph Act,
1885. Section 145 of the Electricity Act, 2003 clearly mandates that no court shall grant any
Injunction in respect of any action taken or to be taken in pursuance of any power conferred by or
under the Electricity Act.

The Impugned Order passed by the Trial Court was set aside and the Interim Injunction was
dismissed.

26
30th December, 2020

I read an ongoing Commercial Tax related case.

The case was about whether the Transmission equipment could be considered as a Plant and
Machinery for a corporation which is engaged in the business of Transmission of electricity and
requires to erect towers and levy conductors for the purpose of calculating entry tax.

The President of the Board of Revenue later said that the Equipment would come under the
definition of Plant and Machinery.

Commercial Tax Appellate Board of that respective state asked to refer this Matter in High Court
for the determination of substantial question of law related with the entry tax for plant and
machinery.

A discussion was held on this case and had to go through that state’s Entry Tax Rules.

27
31st December, 2020

Last day of Internship. I was asked to give a feedback about what I learnt during the Internship.

A few questions were asked regarding the laws learnt and cases studied.

I was asked to submit the Report of Internship containing daily report.

I thanked the Department Staff for providing me with this opportunity and keeping patience with
me.

28
Concerned Law study

Laws relevant with the functions of the Organization

• The Indian Telegraph Act, 1885

• The Electricity Act, 2003
• The Building and other construction workers, (Regulation of Employment and conditions
of services) Act, 1996
• All Acts related to Gujarat Land Revenue Code, 1879, Land Acquisition Act 2013 and The
Transfer of Property Act, 1882.
• Right to Information Act, 2005
• The Employees compensation Act, 1923
• The Code of Criminal Procedure, 1973
• The Code of Civil Procedure Code, 1908
• The Indian Penal Code
• The Indian Contract Act, 1872
• The Negotiable Instruments Act, 1881
• All Environmental Laws
• Forest Conservation Act, 1980

The above laws were the laws I had to be familiar with to continue and understand my study.

The following are the general laws and terms I needed to understand during internship which were
basic necessity to understand the study undertaken.

Exhibit

An exhibit, in a criminal prosecution or a civil trial, is physical or documentary evidence brought

before the jury. The artefact or document itself is presented for the jury's inspection. Examples
may include a weapon allegedly used in the crime, an invoice or written contract, a photograph,
or a video recording.

29
The main concept behind correct evidence handling is that the item recovered is the same as that
produced in the court room.

The usual term applied to such handling is "chain of custody". The term denotes the links in the
handling of the exhibit in question. For example, details of the item, the place, date, time it was
recovered, and by whom it was recovered - the first link. The subsequent links

in the chain refer to anyone required to handle the exhibit, mainly for identification purposes.
The final link is the production of the item in court. This particular level of auditable handling is
paramount when dealing with items of a forensic nature, as it reduces the opportunity for the
defense to challenge the authenticity of the item.

The chain of custody can be less stringent when dealing with property which has a unique
identifying feature like a serial number. In such a case, the physical security becomes the main
concern of the person recovering the item. Such security is normally achieved by booking the
item into a central evidence room.

The exhibits are often labeled as Exhibit A, Exhibit B, Exhibit C, etc. to identify each evidences.

Other uses

In personal injury cases, a legal or medical exhibit is created containing drawings or illustrations
of human anatomy with graphic, medically accurate depictions of injuries and surgeries sustained
by the plaintiff as a result of an accident or injury. Legal exhibits are commonly used by trial
attorneys in personal injury cases to maximize the value of the case, enhance settlement
negotiations, increase effectiveness of medical expert testimony and maximize trial presentation.
The most common types of personal injury claims are road traffic accidents, accidents at work,
tripping accidents, assault claims, accidents in the home, product defect accidents (product
liability) and holiday accidents. This also includes medical or dental accidents and wrongful
death cases resulting from the negligence of a health care provider.

30
Order 39 Rule 1 of CPC

Rule 1 -Cases in which temporary injunction may be granted-

Where in any Suit it is proved by affidavit or otherwise—

(a) that any property in dispute in a suit is in danger of being wasted, damaged or
alienated by any party to the suit, or wrongfully sold in execution of a decree, or

(b) that the defendant threatens, or intends, to remove or dispose of his property with a view
to defrauding his creditors,

(c) that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff
in relation to any property in dispute in the suit, the court may by Order grant a temporary
injunction to restrain such act, or make such other Order for the purpose of staying and
preventing the wasting, damaging, alienation, sale, removal or disposition of the property or
dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any
property in dispute in the suit as the court thinks fit, until the disposal of the suit or until further
orders.
Code of Civil Procedure (CPC), 1908

Temporary Injunction

Supplemental Proceedings

94. Supplemental proceedings. -In order to prevent the ends of justice from being defeated the
Court may, if it is so prescribed, -

(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he
should not give security for his appearance, and if he fails to comply with any order for security
commit him to the civil prison;

(b) direct the defendant to furnish security to produce any property belonging to him and to place
the same at the disposal of the Court or order the attachment of any property;

(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to
the civil prison and order that his property be attached and sold;

31
(d) appoint a receiver of any property and enforce the performance of his duties by attaching and
selling his property;

(e) make such other interlocutory orders as may appear to the Court to be just and convenient.

95. Compensation for obtaining arrest, attachment or injunction on insufficient grounds. -

(1) Where, in any suit in which an arrest or attachment has been affected or a temporary injunction
granted under the last preceding section, -

(a) it appears to the Court that such arrest, attachment or injunction was applied for on insufficient
grounds, or

(b) the suit of the plaintiff fails and it appears to the Court that there was no reasonable or probable
ground for instituting the same, the defendant may apply to the Court, and the Court may, upon
such application, award against the plaintiff by its order such amount, [not exceeding fifty
thousand rupees], as it deems a reasonable compensation to the defendant for the [expense or
injury (including injury to reputation) caused to him]:

Provided that a Court shall not award, under this section, an amount exceeding the limits of its
pecuniary jurisdiction.

(2) An order determining any such application shall bar any suit for compensation in respect of
such arrest, attachment or injunction.

Order 39 Rule 2 of CPC

Rule 2- Injunction to restrain repetition or continuance of breach: -

(1) In any suit for restraining the defendant from committing a breach of contract or other injury
of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time
after the commencement of the suit, and either before or after judgment, apply to the

court for a temporary injunction to restrain the defendant from committing the breach of contract
or injury complained of, or any breach of contract or injury of a like kind arising out of the same
contract or relating to the same property or right.

32
(2) The court may by Order grant such injunction, on such terms, as to the duration of the
injunction, keeping an account, giving security, or otherwise, as the court thinks fit.

Sub-rules (3) and (4) omitted by Act 104 of 1976, w.e.f. 1-2-1977.

Grounds for Rejection of an Application for Injunction

On the following grounds, an injunction cannot be granted:

1. To restraint a person from prosecuting a pending judicial proceeding, unless it is to prevent

multiplicity of the proceeding.
2. To restraint a person from instituting or prosecuting a judicial proceeding in a court, where
the injunction is sought from a court subordinate to that court.
3. To restrain any person from applying to any legislative body.
4. To restrain any person from instituting or prosecuting any proceeding in a criminal matter.
5. To prevent the breach of a contract the performance of which would not be specifically
enforced (Illustration: a contract between a master and servant, requiring the servant to
render personal services to the master cannot be specifically enforced by the master or the
servant. Hence, an injunction cannot be granted in this situation)
6. Where it is not reasonably clear that an act it nuisance, to prevent such an act on the ground
of nuisance.
7. To prevent a continuing breach in which the plaintiff has acquiesced, as the general rule
is that an acquiescence is an implied consent by remaining silent.
8. Where except in the case of breach of trust, equally efficacious relief can certainly be
obtained by any other usual mode of proceeding.
9. When the conduct of the plaintiff or his agents has been such as to dis-entitle him to the
assistance of the court.
10. When the plaintiff has no personal interest in the matter.

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Indian Penal Code

Section 188. Disobedience to order duly promulgated by public servant.

Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to

promulgate such order, he is directed to abstain from a certain act, or to take certain order
with certain property in his possession or under his management, disobeys such direction,
shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk
of obstruction, annoyance or injury, to any person lawfully employed, be punished with
simple imprisonment for a term which may extend to one month or with fine which may
extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause
danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be
punished with imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both.

Explanation. — It is not necessary that the offender should intend to produce harm, or
contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the
order which he disobeys, and that his disobedience produces, or is likely to produce, harm.
Illustration An order is promulgated by a public servant lawfully empowered to promulgate
such order, directing that a religious procession shall not pass down a certain street. A
knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence
defined in this section.

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Study undertaken
The Indian Telegraph Act, 1885

Section 10

Power for telegraph authority to place and maintain telegraph lines and posts.

The telegraph authority may, from time to time, place and maintain a telegraph line under, over,
along, or across, and posts in or upon, any immovable property:

Provided that—

(a) the telegraph authority shall not exercise the powers conferred by this section except for the
purposes of a telegraph established or maintained by the 1 [Central Government], or to be so
established or maintained;

(b) the 1 [Central Government] shall not acquire any right other than that of user only in the
property under, over, along, across, in or upon which the telegraph authority places any telegraph
line or post; and

(c) except as hereinafter provided, the telegraph authority shall not exercise those powers in respect
of any property vested in or under the control or management of any local authority, without the
permission of that authority; and

(d) in the exercise of the powers conferred by this section, the telegraph authority shall do as little
damage as possible, and, when it has exercised those powers in respect of any property other than
that referred to in clause (c), shall pay full compensation to all persons interested for any damage
sustained by them by reason of the exercise of those powers.

Section 16

Exercise of powers conferred by section 10, and disputes as to compensation, in case of

property other than that of a local authority.

(1) If the exercise of the powers mentioned in section 10 in respect of property referred to in clause
(d) of that section is resisted or obstructed, the District Magistrate may, in his discretion, order that
the telegraph authority shall be permitted to exercise them.

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(2) If, after the making of an order under sub-section (1), any person resists the exercise of those
powers, or, having control over the property, does not give all facilities for their being exercised,
he shall be deemed to have committed an offence under section 188 of the Indian Penal Code,
1860 (45 of 1860).

(3) If any dispute arises concerning the sufficiency of the compensation to be paid under section
10, clause (d), it shall, on application for that purpose by either of the disputing parties to the
District Judge within whose jurisdiction the property is situate, be determined by him.

(4) If any dispute arises as to the persons entitled to receive compensation, or as to the proportions
in which the persons interested are entitled to share in it, the telegraph authority may pay into the
court of the District Judge such amount as he deems sufficient or, where all the disputing parties
have in writing admitted the amount tendered to be sufficient or the amount has been determined
under sub-section (3), that amount; and the District Judge, after giving notice to the parties and
hearing such of them as desire to be heard, shall determine the persons entitled to receive the
compensation or, as the case may be, the proportions in which the persons interested are entitled
to share in it.

(5) Every determination of a dispute by a District Judge under sub-section (3), or sub-section (4)
shall be final: Provided that nothing in this sub-section shall affect the right of any person to
recover by suit the whole or any part of any compensation paid by the telegraph authority, from
the person who has received the same.

The Electricity Act 2003

Section 68

Provisions relating to Overhead lines:

(1) An overhead line shall, with prior approval of the Appropriate Government, be installed or kept
installed above ground in accordance with the provisions of sub-section (2).

(2) The provisions contained in sub-section (1) shall not apply-

(a) in relation to an electric line which has a nominal voltage not exceeding 11 kilovolts and is
used or intended to be used for supplying to a single consumer;

36
(b) in relation to so much of an electric line as is or will be within premises in the occupation or
control of the person responsible for its installation; or

(c) in such other cases, as may be prescribed.

(3) The Appropriate Government shall, while granting approval under subsection (1), impose such
conditions (including conditions as to the ownership and operation of the line) as appear to it to be
necessary.

(4) The Appropriate Government may vary or revoke the approval at any time after the end of such
period as may be stipulated in the approval granted by it.

(5) Where any tree standing or lying near an overhead line or where any structure or other object
which has been placed or has fallen near an overhead line subsequent to the placing of such line,
interrupts or interferes with, or is likely to interrupt or interfere with, the conveyance or
transmission of electricity or the accessibility of any works, an Executive Magistrate or authority
specified by the Appropriate Government may, on the application of the licensee, cause the tree,
structure or object to be removed or otherwise dealt with as he or it thinks fit.

(6) When disposing of an application under sub-section (5), an Executive Magistrate or authority
specified under that sub-section shall, in the case of any tree in existence before the placing of the
overhead line, award to the person interested in the tree such compensation as he thinks reasonable,
and such person may recover the same from the licensee.

Explanation. - For the purposes of this section, the expression “tree” shall be deemed to include
any shrub, hedge, jungle growth or other plant.

Section 164

Exercise of powers of Telegraph Authority in certain cases:

The Appropriate Government may, by order in writing, for the placing of electric lines or electrical
plant for the transmission of electricity or for the purpose of telephonic or telegraphic
communications necessary for the proper co-ordination of works, confer upon any public officer,
licensee or any other person engaged in the business of supplying electricity under this Act, subject
to such conditions and restrictions, if any, as the Appropriate Government may think fit to impose
and to the provisions of the Indian Telegraph Act, 1885, any of the powers which the telegraph

37
authority possesses under that Act with respect to the placing of telegraph lines and posts for the
purposes of a telegraph established or maintained, by the Government or to be so established or
maintained.

Right of Way (RoW)

An electric transmission line right-of-way (RoW) is a strip of land used by electrical utilities to
construct, operate, maintain and repair the transmission line facilities. The width of a right-of-way
depends on the voltage of the line and the height of the structures. This is now the grey area for
development of transmission system.

Ministry of Powers Guidelines for the RoW

As per the committee’s recommendations, the compensation for damages with regard to RoW in
urban areas will be

• 85 per cent of the land value as determined by the district magistrate or other relevant
authority based on the circle rate/guidance value/stamp rates for the tower base area
impacted severely due to the installation of a tower/pylon structure.
• Further, the compensation for the diminution of land value due to the laying of transmission
lines would be decided by the states depending on the category of land, subject to a
maximum of 15 per cent of land value as determined by the circle rate.
• In addition, the guidelines provide for a non-usability allowance of up to 15 per cent of the
land value for the width of an RoW corridor in the notified urban areas since no
construction activity will be permitted in that corridor.

The MoP has also reduced the RoW width by 7-27 per cent for calculating the compensation
in urban as well as forest areas (see Table). For compensation purposes, the width of the RoW
corridor will not be more than that prescribed in the table.

Notably, the payment of compensation in urban areas would be one-time and upfront. It may be
made through digital modes such as Aadhaar-enabled payment system and united payment
interface, as per feasibility. Further, it must be noted that the compensation guidelines are
applicable only to transmission lines supported by a tower base of 66 kV and above.

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Arbitration and Conciliation Act, 1996

Section16.

Competence of arbitral tribunal to rule on its jurisdictional. –

(1) The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with
respect to the existence or validity of the arbitration agreement, and for that purpose, -

(a) An arbitration clause which forms part of a contract shall be treated as an

agreement independent of the other terms of the contract; and
(b) A decision by the arbitral tribunal that the contract is null and void shall not entail
ipso jure the invalidity of the arbitration clause.

(2) A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the
submission of the statement of defence; however, a party shall not be precluded from raising such
a plea merely because that he has appointed, or participated in the appointment of, an arbitrator.

(3) A plea that the arbitral tribunal is exceeding the scope of its authority shall be raise as soon
as the matter alleged to be beyond the scope of its authority is raised during the arbitral
proceedings.

(4) The arbitral tribunal may, in either of the cases referred to in sub-section (2) or sub-section
(3), admit a later plea if it considers the delay justified.

(5) The arbitral tribunal shall decide on a plea referred to in sub-section (2) or sub-section (3)
and, where the arbitral tribunal takes a decision rejecting the plea, continue with the arbitral
proceedings and make an arbitral award.

(6) A party aggrieved by such an arbitral award may make an application forgetting aside such
an arbitral award in accordance with section 34.

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Section 26

Expert appointment by arbitral tribunal. –

(1) Unless otherwise agreed by the parties, the arbitral tribunal may-

(a) Appoint one or more experts to report to it on specific issues to be determined by the arbitral
tribunal, and

(b) Require a party to give the expert any relevant information or to produce, or to provide access
to, any relevant documents, goods or other property for his inspection.

(2) Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers
it necessary, the expert shall, after delivery of his written or oral report, participate in an oral
hearing where the parties have the opportunity to put questions to him and to present expert
witnesses in order to testify on the points at issue.

(3) Unless otherwise agreed by the parties, the expert shall, on the request of a party, make
available to that party for examination all documents, goods or other property in the possession
of the expert with which he was provided in order to prepare his report.

Section 34

Application for setting aside arbitral award. –

(1) Recourse to a court against an arbitral award may be made only by an application for setting
aside such award in accordance with sub-section (2) and subsection (3).

(2) An arbitral award may be set aside by the court only if-

(a) The party making the application furnishes proof that-

(i) A party was under some incapacity, or

40
(ii) The arbitration agreement is not valid under the law to which the parties have subjected it or,
failing any indication thereon, under the law for the time being in force; or

(iii) The party making the application was not given proper notice of the appointment of an
arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or

(iv) The arbitral award deals with a dispute not contemplated by or not falling within the terms
of the submission to arbitration, or it contains decisions on matters beyond the scope of the
submission to arbitration: Provided that, if the decisions on matters submitted to arbitration can
be separated from those not so submitted, only that part of the arbitral award which contains
decisions on matters not submitted to arbitration may be set aside; or

(v) The composition of the arbitral tribunal or the arbitral procedure was not in accordance with
the agreement of the parties, unless such agreement was in conflict with a provision of this Part
from which the parties cannot derogate, or, failing such agreement, was not in accordance with
this Part; or

(b) The court finds that-

(i) The subject-matter of the dispute is not capable of settlement by arbitration under the law for
the time being in force, or

(ii) The arbitral award is in conflict with the public policy of India. Explanation. -Without
prejudice to the generality of sub-clause

(ii), it is hereby declared, for the avoidance of any doubt, that an award is in conflict with the
public policy of India if the making of the award was induced or affected by fraud or corruption
or was in violation of section 75 or section 81.

(3) An application for setting aside may not be made after three months have elapsed from the
date on which the party making that application had received the arbitral award or, if a request
had been made under section 33, from the date on which that request had been disposed of by the
arbitral tribunal: Provided that if the court is satisfied that the applicant was prevented by

41
sufficient cause from making the application within the said period of three months it may
entertain the application within a further period of thirty days, but not thereafter.

(4) On receipt of an application under sub-section (1), the court may, where it is appropriate and
it is so requested by a party, adjourn the proceedings for a period of time determined by it in order
to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other
action as in the opinion of arbitral tribunal will eliminate the grounds for setting aside the arbitral
award.

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Observation
• The central government acquires only the right of user in the property under, over, along,
across, in or upon which the telegraph authority places any telegraph line or post.
• The telegraph authority cannot exercise such powers in respect of any property vested in
or under the control or management of any local authority, without the permission of that
authority and on the conditions as may be imposed.
• In the exercise of these powers, the telegraph authority is supposed to do as little damage
to property as possible, and, when it has exercised those powers in respect of any property,
it has to pay full compensation to all persons concerned for any damage sustained by them
by reason of the exercise of those powers.
• The telegraph authority may accordingly place and maintain a telegraph line under or over
or along or across any immovable property. Such power should be exercised only for the
purpose of a telegraph established or maintained by the central government or to be so
established or maintained
• Disputes must be solved in the way prescribed in Section 16 Indian Telegraph Act, 1885
and the Compensation should be provided as per the state’s or Central Government’s
prescribed manner in the Guidelines issued by the Ministry of Power.
• In the matter or Arbitration, Both the parties are treated with equality and both parties must
be given equal opportunity to present his case, without any biasedness.
• The Indian Evidence Act, 1872 and the Civil Procedure Code,1908 both do not apply on
the arbitration proceedings. Generally, oral documents are been considered on the request
of the parties and a further piece of evidence can be presented if required.
• The arbitration award granted by the arbitrator can be challenged under Section 34 of the
Act by making an application under it only on the basis of grounds specified therein and
they are as follows:
i. The party was under some incapability to make an application;
ii. The arbitration agreement agreed by the parties was not valid as per the law;
iii. The party making the application was not given proper notice for appointment of the
arbitrator or arbitral proceedings;
iv. The award made is out of the Scope of arbitration and does not deal with the dispute;

43
v. The award made is contrary to public policy;
vi. The subject matter dealt is not capable of settlement by Arbitration.
• An application to set aside the award must be made within 3 months from the date of receipt
of such award by the applicant which can be further extended to 30 days on giving
sufficient cause of delay.

44
Experience
The Corporation had so much to offer and I learnt a lot during my internship. I used to reach the
office by 10 am and leave by 4 pm. The working days were from Monday to Friday.

Every day was a new learning experience. The year 2020 was struck by the Pandemic and the
Corporation’s functions had been affected by it. The Law Department has a very big role in the
Corporation’s functioning. The whole internship had been a great experience.

The Workplace environment was extremely professional and everyone was patient, polite, and
sincere towards their duties. Everyone was willing to teach me and help me every time I had any
issues or doubts with the same positive energy all the time. I was asked about everything I learnt
during the day at the end of the day which was used to make sure that I had learnt correctly.

I had observed the functions of the Law Department in this Corporation. The staff has to be very
careful with every matter the Corporation is dealing with. The Department had 2 boards on the
wall which contained the types of ongoing suits in different Courts and the priority order of cases.
I got to learn how to maintain files and file the updates of cases in the file. I learnt about the core
laws that apply to the Corporation and understood the importance of those Acts.

Overall, my experience at this internship had been great and very knowledgeable.

45
Conclusion
This Internship program included in the curriculum was necessary to develop and enhance our
knowledge. It helped in understanding the applicability of various laws by giving an insight into
the professional world. The Internship had also helped develop important workplace ethics. It
helped in improving communication skills and adapting professionalism in the personality.
Practical exposure to the application of various laws has encouraged me to think from different
perspectives. This internship has given me motivation and knowledge of several specializations
that can be pursued in the career of law.

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