SUMMER INTERNSHIP REPORT CONDUCTED

AT SUPREME COURT

Submitted in partial fulfilment of the

requirements for the award of the degree of

BBA LL. B

To

Guru Gobind Singh Indraprastha University, Delhi

Internship Co-Ordinator: Submitted by:

Ms. SHIVANGI SHARMA SUMITA SHIBANEE SAHU

Roll No: 03719103517

GITARATTAN INTERNATIONAL BUSINESS

SCHOOL DELHI-110085

Batch (2017-2022)
 CERTIFICATE

I, Sumita Shibanee Sahu, Enrolment No. 03719103517 certify that the Summer
Internship is conducted by me and the Report submitted is an authentic work carried
out by me under Advocate Kundan Kumar. The matter embodied in this Report has
not been submitted earlier for the award of any degree or diploma to the best of my
knowledge and belief.

Signature of the Student

Date:

Certified that the Summer Internship Report conducted by Ms. Sumita Shibanee Sahu,
Enrolment No. 03719103517, conducted under Advocate Kundan Kumar is completed
under my guidance.

Name of the Guide: Ms. Shivangi Sharma Signature of the Guide

Designation: Assistant Professor Date:

Countersigned

Summer Internship Coordinator Principal/Academic Coordinator

 ACKNOWLEDGEMENT

I would like to show my deepest gratitude to my teacher in charge, Ms. Shivangi

Sharma, for giving me good guidelines and suitable instructions for the

commencement of this project.

I would also like to expand my gratitude to my advocate Mr. Kundan Kumar, for

giving me a complete over view of how things work in the legal world and also

helping me to learn the practical aspects of it.

SUMITA SHIBANEE SAHU

 CONTENTS

S.No. Topic Page No.

1. List of Abbreviations i.

2. List of Tables, Diagrams & Flowcharts i.

3. Chapter-1: Legal Delivery System at Supreme Court 1-6

4. Chapter-2: Office Procedures at Advocate’s Office 7-18

5. Chapter 3: Filing A Case & Court Procedures 19-30

6. Chapter 4: Case Summary 31-39

7. Chapter 5: Learning Summary 40-41

 LIST OF TABLES

Table No. Title Page No.

1. Court fees as per Supreme Court 23-25

LIST OF DIAGRAMS

Diagram Title Page No.

No.

1. Evolution of courts post-independence 1

LIST OF ABBREVIATIONS

S No Abbreviated Name Full Name

1. C Complainant

2. CrPc Code of Criminal Procedure

3. No. Number

4. Resp Respondent

5. SC Supreme Court

i.
 CHAPTER 1: - LEGAL DELIVERY SYSTEM AT SUPREME

COURT LEVEL

1.1 EVOLUTION

POST-INDEPENDENCE PERIOD

The judicial system, as stipulated in the Constitution of India, is comprised of three

courts. At the top, is SC, at the middle the High Courts and at bottom the subordinate

courts. In addition to the Constitution, there are other laws which provides for the

composition, power and jurisdiction of these courts.

SC

HIGH COURT

DISTRICT COURT

Diagram no. 1: - Evolution of courts post-independence

The Supreme Courts

The Supreme Court of India is the premier judicial court under the Constitution of

India. It is the highest constitutional court, and has the power of judicial review.

Consisting of the Chief Justice of India and a maximum of 34 judges, it has extensive

powers in the form of original, appellate and advisory jurisdictions. It is regarded as

the most powerful public institution in India.

As the constitutional court of the country, it takes up appeals primarily against

verdicts of the Supreme Courts of various states of the Union and other courts and

tribunals. It safeguards fundamental rights of citizens and settles disputes between

various government authorities as well as the central government vs state

1
governments or state

2
governments versus another state government in the country. As an advisory court, it

hears matters which may specifically be referred to it under

the constitution by President of India. The law declared by the supreme court becomes

binding on all courts within India and also by the union and state government. As per

Article 142 of the constitution, it is the duty of the President of India to enforce the

decrees of the supreme court and the court is conferred with the inherent jurisdiction

to pass any order deemed necessary in the interest of justice.

In 1861, the Indian Supreme Courts Act 1861 was enacted to create Supreme Courts

for various provinces and abolished supreme courts at Calcutta, Madras and Bombay

and also the sadar adalats in presidency towns in their respective regions. These new

Supreme Courts had the distinction of being the highest courts for all cases till the

creation of the Federal Court of India under the Government of India Act 1935. The

Federal Court had jurisdiction to solve disputes between provinces and federal states

and hear appeals against judgement of the Supreme Courts. The first CJI of India was

H.

J. Kania.

The Supreme Court of India came into being on 28 January 1950. It replaced both

the Federal Court of India and the Judicial Committee of the Privy Council which

were then at the apex of the Indian court system. The first proceedings and

inauguration, however, took place on 28 January 1950 at 9:45 am, when the judges

took their seats. Which is thus regarded as the official date of establishment.

The Supreme Court initially had its seat at the Chamber of Princes in the parliament

building where the previous Federal Court of India sat from 1937 to 1950. The first

Chief Justice of India was H. J. Kania. In 1958, the Supreme Court moved to its

present premises. Originally, the Constitution of India envisaged a supreme court with
a chief justice and seven judges; leaving it to the parliament to increase this number.

In
formative years, the Supreme Court met from 10 to 12 in the morning and then 2 to 4

in the afternoon for 28 days in a month.

1.2 ADMINISTRATIVE CONTROL OF THE SUPREME COURT

The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive

original jurisdiction extends to any dispute between the Government of India and one

or more States or between the Government of India and any State or States on one side

and one or more States on the other or between two or more States, if and insofar as

the dispute involves any question (whether of law or of fact) on which the existence or

extent of a legal right depends. In addition, Article 32 of the Constitution gives an

extensive original jurisdiction to the Supreme Court in regard to enforcement of

Fundamental Rights. It is empowered to issue directions, orders or writs, including

writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and

certiorari to enforce them. The Supreme Court has been conferred with power to

direct transfer of any civil or criminal case from one State Supreme Court to another

State Supreme Court or from a Court subordinate to another State Supreme Court. The

Supreme Court, if satisfied that cases involving the same or substantially the same

questions of law are pending before it and one or more Supreme Courts or before two

or more Supreme Courts and that such questions are substantial questions of general

importance, may withdraw a case or cases pending before the Supreme Court or

Supreme Courts and dispose of all such cases itself. Under the Arbitration and

Conciliation Act, 1996, International Commercial Arbitration can also be initiated in

the Supreme Court.1

The appellate jurisdiction of the Supreme Court can be invoked by a certificate

granted by the Supreme Court concerned under Article 132(1), 133(1) or 134 of the

1 Available at: - https://main.sci.gov.in/jurisdiction, Last viewed at: - 3rd September, 2021

3
Constitution

2 Available at: - https://main.sci.gov.in/jurisdiction, Last viewed at: - 3rd September, 2021

3
in respect of any judgement, decree or final order of a Supreme Court in both civil and

criminal cases, involving substantial questions of law as to the interpretation of the

Constitution. Appeals also lie to the Supreme Court in civil matters if the Supreme

Court concerned certifies: (a) that the case involves a substantial question of law of

general importance, and (b) that, in the opinion of the Supreme Court, the said

question needs to be decided by the Supreme Court. In criminal cases, an appeal lies

to the Supreme Court if the Supreme Court (a) has on appeal reversed an order of

acquittal of an accused person and sentenced him to death or to imprisonment for life

or for a period of not less than 10 years, or (b) has withdrawn for trial before itself any

case from any Court subordinate to its authority and has in such trial convicted the

accused and sentenced him to death or to imprisonment for life or for a period of not

less than 10 years, or (c) certified that the case is a fit one for appeal to the Supreme

Court. Parliament is authorised to confer on the Supreme Court any further powers to

entertain and hear appeals from any judgement, final order or sentence in a criminal

proceeding of a Supreme Court.2

The Supreme Court has also a very wide appellate jurisdiction over all Courts and

Tribunals in India in as much as it may, in its discretion, grant special leave to appeal

under Article 136 of the Constitution from any judgment, decree, determination,

sentence or order in any cause or matter passed or made by any Court or Tribunal in

the territory of India.

The Supreme Court has special advisory jurisdiction in matters which may

specifically be referred to it by the President of India under Article 143 of the

Constitution. There are provisions for reference or appeal to this Court under Article

317(1) of the Constitution, Section 257 of the Income Tax Act, 1961, Section 7(2) of

the Monopolies
2 Available at: - https://main.sci.gov.in/jurisdiction, Last viewed at: - 3rd September, 2021

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and Restrictive Trade Practices Act, 1969, Section 130-A of the Customs Act, 1962,

Section 35-H of the Central Excises and Salt Act, 1944 and Section 82C of the Gold

(Control) Act, 1968. Appeals also lie to the Supreme Court under the Representation

of the People Act, 1951, Monopolies and Restrictive Trade Practices Act, 1969,

Advocates Act, 1961, Contempt of Courts Act, 1971, Customs Act, 1962, Central

Excises and Salt Act, 1944, Enlargement of Criminal Appellate Jurisdiction Act,

1970, Trial of Offences Relating to Transactions in Securities Act, 1992, Terrorist and

Disruptive Activities (Prevention) Act, 1987 and Consumer Protection Act, 1986.

Election Petitions under Part III of the Presidential and Vice-Presidential Elections

Act, 1952 are also filed directly in the Supreme Court.3

1.3. LIST OF COURTS IN DELHI

Courts in Delhi include:

1. SC of India

2. Supreme Court of Delhi

3. Delhi District Courts:-

 Tis Hazari Courts Complex catering to North and West Districts

 Patiala House Courts Complex catering to New Delhi District.

 Karkarduma Covering to East & North-East Districts

 Rohini catering to West & Outer Districts,

 Dwarka Covering to South-West District,

 Saket, Covering to South & South-East Districts (opened in August, 2010)

4. Tribunals

 Appellate Tribunal for Electricity

3
Available at: - https://main.sci.gov.in/jurisdiction, Last viewed at: - 3rd September, 2021

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 Central Administrative Tribunal

 Competition Appellate Tribunal

 Customs, Excise and Service Tax Appellate Tribunal

 Cyber Appellate Tribunal

 Income Tax Appellate Tribunal

 Railway Claims Tribunal

 Debt Recovery Tribunal

6
 CHAPTER 2: - Office Procedures at Advocate’s Office

An advocate’s office should be the most organized place so as to get the things

required immediately and also to ensure that there is no delay in either the court

proceedings or while handling the client. If the advocate’s office is not well organized

and managed there can be various problems which the advocate can face. For

example, the clients may not feel that the advocate is capable of solving their

problem. It is the environments at an advocate’s office which can make a client feel

comfortable. Some of the procedures that are followed in an advocate’s office are

mentioned below:

2.1) Client counselling:

Client Counselling is:

a) The process through which the legal counsellor/ advocate attempts to explore the

legal situation of the client.

b) An act of helping the client to see things more clearly, possibly from a different

view- point. This enables the client to focus on central issues and gives him a better

understanding of his legal problem.

c) A relationship of trust. Confidentiality is paramount to successful counselling. The

client while disclosing his legal problem must be ensured that the same shall remain

confidential with the advocate.

A) Aims/ Objectives of client counselling

Counselling helps the client to comprehend and understand their legal position. The

primary goal of counselling is to acquaint the client with his own case and making

him get a grasp of his legal situation. There are five most regularly named objectives

of counselling, which are as follows: -

1. To counsel the client and to facilitate his behavior so as to counsel the client
completely and to extract the most relevant information from him.
2. To give personalized attention to the client so as to make good relations and to

make a professional relation with him.

3. To build trust with the client and to make believe that the advice given by the

advocate is in the favor of his interest.

4. To encourage the client to state all the relevant facts so as to make a strong case for

him.

5.To develop the client and to make him comfortable so as to gain his trust.

B) Steps in client counselling: -

1. Building up of the relationship between the client and the advocate

In relationship building, the advocate will first introduce himself and make the client

feel comfortable to discuss the mishap that he has gone through. The advocate also

provides assurance to the client that his information will not be leaked and he will try

his best to get justice for the client. The advocate should make sure that the client is

comfortable and open to talk in front of him with full confidence. The advocate should

have a sympathetic attitude towards the client and should understand that the client is

going through a tough time.

2.Problem of the client should be assessed

The advocate should be an avid listener and should not jump to conclusions without

listening to the complete problem of the client. He should give ample time to the

client to narrate his complete story and then advise him with what seems to be in his

best interest. He should understand what the client was going through at the moment

when the event was happening rather than seeing the practical aspects.

3. Giving solutions to the problems

After listening to the whole story of the client, the advocate should advice the client of

the alternatives available to him. The advocate has to explain the applicable to the

client
and also make sure that the client does not feel neglected. The client should also be

informed if his problem is a legal problem which can only be handled by the judicial

machinery.

C) Personal experience: -

During my internship, I was told to make a project for client counselling, wherein I

prepared a full conversation between me and a client who has been in trouble because

of the pandemic situation and gave the client solutions regarding the problems he/she

faced.

2.2) Taking notes: - Different practice is followed by different advocates for ‘Note

Taking’. Some advocates prefer to keep their notes simple and short while others

believe in taking very comprehensive notes. Primarily, the details given by a client

may be specific and peculiar to his case. It may not be practically possible for an

advocate to remember the facts of each case. It is here that note taking becomes a very

important exercise.

A) Aim of taking notes: -

The primary aim of taking notes is to make a database comprising necessary

information provided by the client. There may be some facts which may be given by

the client on different dates and thus it becomes difficult to retain all such facts

without writing them somewhere. Thus, note taking provides readily available

information to the advocate while preparing the case of the client.

B) Steps of note taking: -

1. Listen carefully

Every advocate should be a good listener. He should first listen to the problem/ case of

the client and then make a note of the important points. The advocate should not only
listen carefully but also critically examine the facts which may be relevant for the

construction of the case.

2. Avoid distractions

There may be many distractions in an advocate’s chamber, including noise, concerns,

people etc., however while note taking one must concentrate on what a client is saying

and should not divert his attention from him. Focusing on the facts revealed by the

client should be of paramount significance.

3. Make accurate and relevant notes

Only the relevant and the most accurate information should be noted down. All

information should be verified with the documents given by the client that can later be

produced as evidence. Further, the applicable law need not be mentioned in the notes.

4. Organize them in a structured manner

When notes are prepared, details revealed by the client must be written in an

organized and structured manner. When the notes are disorganized and written in a

haphazard manner, the entire note taking becomes a futile exercise. Organized notes,

on the other hand, provide relevant information when required by the advocate.

2.3) Legal research: -

Legal research is generally the process of finding an answer to a legal question or

checking for legal precedent that can be cited in a brief or at trial. Virtually every

lawsuit, appeal, criminal case, and legal process requires some amount of legal

research.

A) Aim of legal research: -

1. To gain familiarity with the legal phenomena

2. To discover new facts

3. To test and verify old facts

4. To analyse the facts into new theoretical framework

5. To analyze the consequences of new facts

6. To develop new legal concepts

7. To evaluate law from historical perspective

8. To explain the nature and scope of law

9. To disguise the weakness or merits of old legal aspects

10. To predict the consequences of the new Act

11. To interpret the Acts in a critical way

12. To collect the legal facts of a particular area and to test the hypothesis of a cause-

and-effect relationship.

B) Steps of legal research:

1. Identify the legal issues involved in a case

When the client discloses his case to the advocate, the advocate must identify the

issues involved in a particular case. At this juncture, the advocate must decide the area

of law which shall be applied to bring the client to justice.

2. Start with a basic research

After identifying the issues, the advocate must research all possible details and gather

information which can help him in building up his arguments. He should be able to

broadly apply to facts peculiar to his case with the corresponding applicable law.

3. Analyze the information gathered

Once the information is gathered, the advocate shall read the entire information again

and collate it with the case of the client. He has to find out what can be put to use and

what has to be ignored/ discarded.

4.Extensive analysis of the case

After the relevant information has been identified, the advocate must conduct

extensive research. Research plays an important role since it provides an opportunity

to examine precedents that may be applicable in any given case.

5. Find out under which law the case is relevant

Statutes play a crucial role in research work of the advocate. After finding out the

most relevant information, it is the duty of the advocate to decide under which statute

the case must be dealt with. It is the advocate who has to ensure justice to the client;

thus, this step must be undertaken with utmost precaution.

6. Prepare a final outline

After all the research work is done, a final outline must be prepared comprising of the

arguments that can be put forth during trial.

C) Personal experience: -

During my internship, I did research on various fields of law, like the Arbitration law,

Intellectual Property, Sexual Harassment, etc.

2.4) Legal Drafting: -

Legal drafting refers to technical writing by advocates, judges, legislators, and others

in law to express legal analysis, and legal rights and duties. Legal drafting, in practice,

is used to advocate for or to express the resolution of a client's legal matter.

Legal drafting extensively uses technical terminology that can be categorised in four

ways:

1. Specialized words and phrases unique to law, e.g., tort, fee simple, and novation.

2. Ordinary words having different meanings in law,

e.g., action (lawsuit), consideration (support for a promise), execute (to sign to

effect), and party (a principal in a lawsuit).

3. Archaic vocabulary: legal writing employs many old words and phrases that were

formerly quotidian language, but today exist mostly or only in law, dating from

the 16th century.

4. Loan words and phrases from other languages: In English, this includes terms

derived from French (estoppel, laches, and voir dire) and Latin (certiorari, habeas

corpus, prima facie, inter alia, mens rea, sub judice) and are not italicized as

English legal language, as would be foreign words in mainstream English writing.

A) Aim of legal drafting: -

The goal of legal drafting is to present the contentions on behalf of the client in an

orderly fashion. It also aims at making complicated scenarios easy to understand,

without sacrificing substance.

1. Conceptualization: “to take something complex”

2. Articulation: “and explain it in a way that is easy to understand”

3. Retention: “without sacrificing substance”

B) Steps of legal drafting: -

1. Creating an outline

An outline must be created before preparing a formal draft. An outline should be as

detailed as possible; should be able to fulfil the consideration of relevancy, content

unity, chronology and coherence and should contain at least one major point.

2. Focus on the order of facts

Emphasis should be laid on the order in which the facts of the case are arranged. The

facts should be arranged sequentially reflecting the chain of events in chronological

order. There must be uniformity and consistency in the presentation of ideas.

3. Determine the type of legal document that has to be prepared

Every legal document must be drafted in a prescribed format. Thus, fore mostly one

should examine the kind of document to be drafted and thereafter the prescribed

format must be followed.

4. Research the legal requirements for the document to be drafted

Legal documents must also adhere to the legal requirements prescribed for drafting

them., for example, contracts, wills, trusts, or any archives recorded with a court have

certain legal requirements which must be complied with. Such legal requirements

must be checked before completing the draft of the documents.

5. Determine the purpose of the document

The advocate should always know the purpose and the reason why a legal document

is being drafted. The objective should be planned before hand and this will help in

focusing on creating a legal document which is suitable to the needs of the advocate.

No vague information must be included in the draft.

6. Find examples of the type of document to be drafted

One can gather samples of the type of document to be drafted. This would help in

making a structured document with correct formatting, correct use of vocabulary and

language.

7. Read the draft document again and check for discrepancies

Once the document is drafted, a final check should be done for any discrepancies. If

any fault or discrepancy is found, it should be rectified.

C) Do’s and Don’ts

DO’S

1. Write from the reader’s point of view

2. Choose the right word

3. For improving the quality of the draft, a group of words should be reduced to one.
4. Make an outline (mental or written)

5. Express the whole idea in few words

6. One simple word for a group should be formulated.

7. Shorter sentences should be written

8. Know the motive behind writing

DON’TS

1. Avoid moving around about constructions

2. Avoid unnecessary repetitions

3. Avoid using words containing similar sounds

4. Avoid cumulative negative statements

5. Avoid typing mistakes

2.5) File Preparing: -

File preparing is one of the main functions of an advocate. Advocate’s file should be

well maintained so as to help him to look through it anytime he fumbles in front of the

judge.

A) Aim of preparing the file: -

Aim of file preparation is to organize all the documents relating to a particular case in

an orderly manner which can be used for ready reference by an advocate. It also helps

while presenting the case in the court when all the documents are organized in a

systematized manner.

If the documents are not arranged in a systematized manner, then it will very difficult

for the judge also to understand the case and it may also affect his decision.

B) Steps of preparation of a file: -

Different case files are prepared for different cases. Which documents must be

included in a case file depends upon the nature of the case, for ex: Civil case files are

different from that of a criminal case or a family case or a consumer case.

The standard format of preparation of a case file in the consumer courts is as follows: -

1. Memo of parties

2. Complaint

3. Written statements (of both the parties)

4. Evidences (presented by both the parties)

5. Written arguments (of both the parties)

6. Judgments for reference

2.6) Account settling: -

Account settling basically means how negotiations on advocate’s fee are made

between the advocate and the client.

A) Aim of account settling: -

The other word of account settling is making negotiations with the client. Negotiation

is the process by which two or more parties meet to discuss an arrangement that

ideally, would benefit all parties involved. On one hand, it is necessary to compensate

the advocate who works hard to get justice to his client while on the other hand, the

client is duty bound to pay for the services rendered by the advocate.

B) Steps of settling of the accounts by an advocate: -

1. Ask questions

If you invest energy making inquiries and tuning in, rather than simply rehashing your

main concern again and again, you can get to the core of what your client is extremely

searching for. It will help in discovering what their actual needs are and one may

reveal how he/she can give something they truly think about.
2. There should be negotiation on the basis of price alone

In the event that the clients aren't opening up about their needs, consider all the ways

that can include esteem and that doesn't include cost—and be set up to utilize these as

factors in the talk. When one comprehends his clients' motivation, and the ways one

can include an incentive priceless, one may discover his win-win.

3. Don’t tell the price immediately, make smart concessions

Consider giving a little by offering things your customer values highly, but that have a

low incremental cost for your business. Perhaps there is a service or follow-up you

can provide that will make the customer feel they are getting a longer-term

commitment and more value.

4. Talk of price when the client himself does

Generally, the client himself talks about the professional fees of the advocate after

discussing about his problems. Once the client himself talks about the professional

fees then negotiations should be made as per the requirements of the client.

2.7) Court fees: -

Court fees are payable at the time of filing any document or commence any process

requiring a fee, unless otherwise stated. The fee that needs to be paid at a court or

tribunal depends on the claim or case. People may have to pay multiple fees, for

example, a writ fee and a setting down fee.

The court fees do not include any fees which may need to be paid if the person has

instructed a solicitor to help him. It is the solicitor who can give him information on

these costs.

Different types of cases have different court fees.

2.8) Relationship with supporting staff: -

The basic function of support staff in law firms is the creation and maintenance of

foundations. Support staff acts as a pillar in the working of the advocate’s chamber as

from file preparing to the filing of the case, role of support staff is very critical and

cannot be ignored. It must be valued by the advocate.

They work as administrators within law chambers. They keep chamber diaries up-to-

date, calculate and negotiate fees for the work carried out and ensure every member is

informed of their commitments.

Typical duties include:

a) Planning advocate’s workload

b) Negotiating and agreeing a timetable of required work

c) Organizing case fee collection

d) Checking computerized diaries and court listings to avoid clashes in commitments

By virtue of advocate’s busy schedules, the work of a clerk is demanding with long

hours, heavy workloads and tight deadlines to match.

Personal experience: -

During my internship, I observed that the advocate dealt with her supporting staff in a

very respectful manner. The advocate’s Chartered Account was included in the video

conference and he taught us all about the tax law. This showed that the advocate was

very friendly and dealt with all the staff in the best possible manner.
 CHAPTER 3

FILING A CASE AND COURT PROCEDURES

3.1. FILING OF THE CASE

a) Procedure of filing a case at the Registry: -

Filing a case

Filing a case means to initiate the suit for claiming a right which has been violated by

another person before a court.

How to file a case?

A case is filed through a plaint or petition submitted at the court registry. A civil case

is filed once the receipt indicating payment of the postal costs and the trial fee has

been attached to the petition.

The procedure of filing of the case at the Registry largely depends upon the nature of

the case.

AN EXAMPLE

The Procedure of filing a case in civil matters is as follows:

1. Filing of Suit/Plaint

2. Vakalatnama

3. Court Fees

4. Issue of Notice to the Opposite Party

5. Written Statement

6. Replication by Plaintiff

7. Filing of Other Documents

8. Framing of Issues/List of Witness

9. Final Hearing

10. Appeal, Reference and Review

11. Limitation

b) Various forms of court procedure: -

Forms are printed documents with spaces where one can insert information. Forms

have been created (by courts, self-help centers, legal aid organizations, and the like) to

help people in their court cases. Forms typically will not explain the governing law,

and they may not provide or cover all of the information necessary for the court to

reach a decision. One should use legal forms as a tool in conjunction with the other

written documents you prepare, information you gather, and research you do about the

law governing the case.

The following are the types of various forms which are filled by either the advocate or

the client before the filing of the case: -

1) Bail Bond

A bail bond is a written promise signed by a Defendant and surety to ensure that a

criminal Defendant will appear in the court at the scheduled time and date, as ordered

by the court. The bail amount is set by the court.

2) Memorandum of Appeal

A Memorandum of Appeal is different from the petition. Therefore, no enumeration

of the facts of the case, no complaint against the other party, no plea of the helpless

condition of the appellant and no plea for sympathy of the court should find any place

in the memorandum.

c) Filing before a relevant Court:-

Generally, the cases in which appeal is made, is filed under the Supreme Court,

however cases such as Writ Petition etc., can also be filed in the Supreme Court.

d) Listing of cases for hearing (Cause List):-

1. The cause lists are schedule of cases to be heard by the courts on the following

day(s). Every court must have a cause list for each working day. The Cause lists

give details such as the Court Number, the bench dealing with the cases and the

case details like case number, Petitioner/Resp, respective advocates, etc.

2. Generally, there are two types of cause lists. They are: Daily Cause lists and

Weekly Cause lists. Some Courts have Supplementary lists also. Daily Cause lists

are list of cases to be heard by the courts on a given day. Weekly Lists consists of

cases to be heard by the courts in a given week. Supplementary lists consist of

cases (mostly urgent cases) missed out from the Daily Cause list.

3. Six days Cause lists of a court are available.

4. The cause list for the next day is made available by 6.00 PM. In most cases,

advance cause list are released three days before and are made available online.

e) Structure of Court Staff: -

Court staff plays the most crucial role in helping the judicial system achieve the main

goal of serving justice to the common man. Without the court staff the courts will

never be as organized as they are in today’s date. It is the court staffs who help the

judges as well as the advocate in the smooth functioning of the judicial system.

The following are some of the important staff which every court requires: -

1. READER: -

Chief Reader is a most important official in the District Court; he has to maintain

decorum of the court as-

Whenever the Court assembles or rises, the Bench Reader should rise from his seat

and bow to the Court. He should ensure that everyone in the Court Hall also rises from

his seat, when the Judge enters or rises.

He should maintain the dignity and decorum of the Court. He should not indulge in

unnecessary conversation, either with the advocates or with parties. He should not

permit them to do things, which are not permitted by Rules. His only concern should

be the proper conduct of Court work.

He should always try to maintain a pleasant and congenial atmosphere in the Court.

The Court atmosphere and its surroundings should be quiet and peaceful and if there

is any disturbance, he should issue necessary instructions for the elimination of such

disturbance.

2. STENOGRAPHER: -

The stenographer is the person who sits with the judge and types all the orders or the

judgements or the changes which the judge pronounces in the case.

Following are the duties of a stenographer: -

1. The Court Stenographer should have a good command of English and Court

language (Hindi).

2. He must be familiar with the substantive and procedural laws.

3. He has to adjust to the speed and accent of the Judges who are on rotation.

4. He has to take down the dictation continuously without interrupting the Judge.

5. If he interrupts the Judge by seeking clarification, he would be disturbing the

Judge’s thought and impeding his speed.

6. He needs a speed of 120 words per minute to take down the dictation without

omission and errors.

7. He has to be familiar with the citations and the passages, if any, to be extracted

there from.

8. It is the duty of the steno, to follow all the instructions either issued by the

presiding officer orally or written to him regarding his duty.

a) Assessment and payment of the right Court Fees: -

S.No. ORIGINAL JURIDICTION FEES

(Rs.)

1. Filing and registering plaint 2500/-

2. Filing and registering written statement 500/-

3. Filing and registering set-off or counter-claim 500/-

4. Reply to a counter-claim 500/-

5. Petitions under Article 32 of the Constitution other than 500/-

petitions for habeas corpus and petitions arising out of

criminal proceedings

S.No. APPELLATE JURISDICTION FEES

(Rs.)

1. Petition for special leave to appeal other than petitions for 1500 (At

which Court fee has been distinctly prescribed in entry 2 the time

below of

institution

2. Petition for special leave to appeal in the matters falling in 5000

any of subject categories mentioned in Part IV of this

Schedule

3. Lodging and registering petition of appeal/SLP at after 1500

notice stage/other than the matters for which Court Fee has

been distinctly prescribed in entry 4 below Where the

 amount or value of the subject-matter in dispute does not

exceed Rs. 50,000.

4. For every Rs. 50,000 or part thereof, in excess of Rs. 50,000 500

5. In case where it is not possible to estimate at a money value 1500

the subject-matter in dispute:

Provided-

(1) that the maximum fee payable in any case shall not

exceed Rs. 10,00,000 and

(2) that where an appeal is brought by special leave granted

by the court or where notice is issued in the special leave

petition by the Court, credit shall be given to the appellant/

petitioner, as the case may be, for the amount of court-fee

paid by him at the time of institution of SLP/Notice and no

more court fee will be charged even if leave is subsequently

granted in 'after notice' matter and the petition is converted

into an appeal.

6. Lodging and registering of appeal/SLP at 'after notice'

stage/in the matters falling in any of subject categories

mentioned in Part IV of this Schedule where –

(i) value of the subject matter in dispute does not exceed 5000

Rupees one lakh.

(ii) for every Rs. 50,000 or part thereof in excess of Rs. 1000

1,00,000 till the value reaches Rs. 20,00,000

 (iii) for every Rs. 1,00,000 or part thereof in excess of Rs. 1000

20,00,000:

Provided-

(1) The maximum fee payable in any case shall not

exceed Rs.25,00,000

(2) That where an appeal is brought by special leave granted

by the Court or where notice is issued in the Special Leave

Petition by the Court credit shall be given to the

appellant/petitioner, as the case may be, for the amount of

court-fee paid by him at the time of institution of

SLP/Notice and no more court fee will be charged even if

leave is subsequently granted in 'after notice' matter and the

petition is converted into an appeal.

(3) In case where it is not possible to estimate at a money 5000/-

value the subject-matter in dispute.

Table No. 1: - Court fees as per Supreme Court 4

3.2 Court Manners/Procedures: -

Etiquette is essential for making a good impression. This is especially true in the

courtroom, where there are many stated, and unstated, rules of conduct for litigants,

advocates, jurors, and other attendees.

Legal professionals begin their lessons on the fine points of courtroom etiquette

during their education. It is in their legal studies they can learn about the professional

requirements of their careers.

4
Available at:- http://www.aaptaxlaw.com/supreme-court-rules/court-fee-to-file-petition-in-supreme-
court-supreme-court-rules-2013-3rd-schedule-practice-and-procedure-2017.html, Last Viewed at:- 4th
September,2021
Basic Courtroom Etiquette Rules

1. Wear clothing that would be appropriate for business.

2. Arrive on time.

3. Turn off electronic devices and cell phones before entering the courtroom.

4. Be polite to the judge, opposing counsel, and court staff.

5. Rise when the judge and jury enter and leave the courtroom.

6. Stand when speaking to the judge, making or meeting an objection, or questioning

a witness.

7. Do not interrupt others while they are talking.

8. Refer to the judge as “Your Honor.”

9. Direct all concerns and remarks to the bench and not opposing counsel.

The advocate has to fulfil his duties towards the following: -

Rules on an advocate’s duty towards the court

1. Act in a dignified manner

2. Respect the court

3. Not communicate in private

4. Refuse to act in an illegal manner towards the opposition

5. Refuse to represent clients who insist on unfair means

6. Appear in proper dress code

Rules on an advocate’s duty towards the client

1. Bound to accept briefs

2. Not withdraw from service

3. Not appear in matters where he himself is a witness

4. Full and frank disclosure to client

5. Uphold interest of the client

6. Not suppress material or evidence

Rules on advocate’s duty to opponents

1. Not to negotiate directly with opposing party

2. Carry out legitimate promises made

Rules on an advocate’s duty towards fellow advocates

1. Not advertise or solicit work

2. Sign-board and Name-plate

3. Not promote unauthorized practice of law

4. An advocate shall not accept a fee less than the fee, which can be taxed under rules

when the client is able to pay more.

5. Consent of fellow advocate to appear

2.3 HEARING AND PLEADING

After exploring and observing the court proceedings regularly, I got to know about the

hearing and pleading process by the advocates. Hearing and pleading are two vital

aspects in every court proceedings and must be carried out in a presentable way.

Hearing is a legal proceeding where an issue of law or fact is tried and evidence is

presented to help determine the issue. Judicial hearings take place prior to a trial in

both civil and criminal cases. Ex parte hearings provide a forum for only one side of a

dispute, whereas adversary hearings involve both parties.

The hearing is conducted as follows:

1. When the cause is called on in court, the pleadings on each side are opened in a

brief manner to the court by the counsel for the Plaintiff; after which the Plaintiff's

counsel states the Plaintiff's case, and the points in issue, and submits to the court

his arguments upon them.

2. Then the depositions (if any) of the Plaintiff's witnesses, and such parts of the

Defendant's answer as support the Plaintiff's case are read by the Plaintiff's

solicitor; after which the rest of the Plaintiff's counsel address the court.

3. The same course of proceedings is observed on the other side, the leading counsel

for the Plaintiff is then heard in reply; after which the court pronounces the decree.

Pleading is the beginning stage of a lawsuit in which parties formally submit their

claims and defenses. The Plaintiff submits a complaint stating the cause of action --

the issue or issues in controversy. The Defendant submits an answer stating his or her

defenses and denials. The Defendant may also submit a counterclaim stating a cause

of action against the Plaintiff. Pleadings serve an important function of providing

notice to the Defendant that a lawsuit has been instituted concerning a specific

controversy or controversies. It also provides notice to the Plaintiff of the

Defendant's intentions in

regards to the suit.

3.4 ACTION BY THE COURT

A) ADJOURNMENT

A putting off or delaying of procedures; a completion or expulsion of further business

by a court, council, or open authority—either briefly or forever. If an adjournment is

final, it is said to be sine die, "without day" or without a time fixed to resume the

work.

B) NEXT DATE OF HEARING

The next date of hearing can be given for various reasons and it is on the will of the

judge what date and time he wants to allot to the case. The negotiations can be made

according to the advocates but not much of a delay can be asked for.

C) EVIDENCE RECORDING
The Word 'evidence' is derived from the Latin word 'Evidentia' which means 'the state

of being evident, i.e., plain, apparent clear”. It is also related to the Latin expression'

evidence evidere' which means to show clearly, to make plain, certain or to prove.

D) ORDER

A court order is an official decree by a judge (or board of judges) that characterizes

the legal connections between the parties to a hearing, a trial, an appeal or other court

procedures. Such order requires or approves the doing of specific steps taken by at

least one of the parties to a case. A court order must be marked by a judge; a few

jurisdictions may expect it to be legally approved.

E) NOTICES

A notice is a legal concept describing a requirement that a party be aware of legal

process affecting their rights, obligations or duties. There are several types of notice:

public notice (or legal notice), actual notice, constructive notice, and implied notice.

F) SUMMONS

Summon is the paper that tells a Defendant that he or she is being sued and asserts the

power of the court to hear and determine the case. It is form of legal process that

commands the Defendant to appear before the court on a specific day and to answer

the complaint made by the Plaintiff.

G) WARRANTS

A warrant is usually issued by a court and is directed to a sheriff, a constable or a

police officer. Warrants normally issued by a court include the following: -

1) Search warrants

2) Arrest warrants

3) Execution warrants

3.5 RECEIVING A COPY OF AN ORDER

The following is the procedure how an advocate can receive a copy of an order passed

by the judge in a particular case: -

3.6 APPEAL PROCEDURE

An appeal lies to the SC from any judgment, decree or final order whether in a civil,

criminal or other proceeding of a Supreme Court if it certifies that the case involves a

substantial question of law as to the interpretation of the Constitution, as per Article

132(1) of the Constitution, According to Article 132(3), where such a certificate is

given, any party in the case may appeal to the SC on the ground that any such

question has been wrongly decided.

Special Leave Petition:

The SC has a very wide appellate jurisdiction over all Courts and Tribunals in India in

as much as it may, in its discretion, grant special leave to appeal as per Article 136 of

the Constitution. As per this provision of Constitution of India, SLP shall lie against

any judgment, decree, determination, sentence or order in matters/causes that are

passed or made by any Court or Tribunal in the territory of India.

 CHAPTER 4: CASE SUMMARY
In this chapter, with a purview of online internship I have been provided with legal research
work of different fields of law.
The following are some of the legal research work I have done during my online internship

ASSIGNMENT 1

Q) A wife W, files a suit against her husband H, Under the Hindu Adoption and
Maintenance Act, in a Civil Judge’s court and the main issue to be determined was whether
H has deserted W. The court decided in the affirmative and granted maintenance to W.
Later, H files a suit for divorce against W on the ground that she had deserted him. W raised
the objection that it was H who had deserted her and, on that issue, she claimed Res Judicata
of the former suit. Decide whether Res Judicata will apply or not.

A) The given case needs to be discussed in the light of section 11 of Code of Civil
Procedure, 1908 (hereinafter called ‘CPC’).
The purpose of section 11 and its jurisprudential essence lies in the fact that it is aimed at
preventing multiplicity of proceedings and to prevent conflict and uncertainty of
judgements. It is based on constitutional principles of equity, justice and good conscience
and it caters to larger societal and individual interest and public policy. Section 11 is one of
the manifestations of the broad principle of res judicata.
In Section 11, in the context of the given case, apart from the other elements, one element
required to be proved is that the former court should be ‘competent to try’ the subsequent
suit.  Competent here means it should have the pecuniary as well as the subject matter
jurisdiction.  Also, if the former court is incompetent to try the subsequent suit and as per
Explanation 8, if it is found that such incompetency is due to the former court being a court
of limited jurisdiction then res judicata will still be applicable as per Explanation 8. Limited
jurisdiction here means that the court can try only a specified subject matter and not the
others, or it can try suits only up till a particular pecuniary value and not beyond that. The
present case, however, does not relate to pecuniary jurisdiction, rather it is concerned with
subject matter jurisdiction.
The main issue to be determined in the given case is whether the former court of Civil Judge
is competent to try the subsequent suit of divorce petition and if incompetent, then is that
incompetency due to limited jurisdiction of former court?

In the present case, no doubt the former court of Civil Judge is incompetent to try a divorce
petition, that is, subsequent suit, as divorce petition at triable only by a Family Court or
District Court. And since, such incompetency is there, as per the main part of Section 11 res
judicata should not apply. However, Explanation 8 of Section 11 needs to be examined as
has been interpreted by Honourable Supreme Court in Sulochana Amma v. Narayan Nair
1994 AIR 152- before disposing off the contention of the ground of and incompetency,
Explanation 8 also shall be examined and it has to be seen whether the said incompetency is
due to former Court being a court of limited jurisdiction.
In the present case, the Civil Judge’s court was a general court and not a court for some
specified subject matter; rather a family court can be said to be court of limited subject
matter jurisdiction. The former court, that is, Civil Judge’s court is incompetent to try a
subsequent suit not because of its limited subject matter competency rather because of the
fact that divorce petitions are expressly reserved only for Family Courts or District Courts.
Thus, the requirement of Explanation 8 is not satisfied and hence res judicata as per the main
part of Section 11 will not apply. Accordingly, the said contention of the respondent W, is
decided in the negative.

ASSIGNMENT 2

Q) Write a short note on Constructive Res Judicata.

A) The jurisprudential essence of Constructive Res Judicata lies in the balancing of interest
in the society, it has the purpose of preventing multiplicity of proceedings and uncertainty of
judicial decisions as well as to prevent a conflict of judgements. It is based upon the
essential constitutional principles of equity, justice and good conscience and reasonableness.

Section 11 of Code of Civil Procedure 1908 (hereinafter called ‘CPC’) is one of the
manifestations of the broad principle of res judicata. Constructive res judicata finds its
source in the words ‘directly and substantially in issue’. Any matter which is found to be
essential in order to bring about a just and comprehensive decision in the suit, will be called
a matter directly and substantially in issue and for that the cause of action, the subject matter
and the title in the suit has to be examined.

Broadly, it can be said that if the party is claiming a particular title in the suit, then the
question as to how did he acquire that title will determine the matter directly and
substantially in issue. It is essential for Section 11 CPC that matter directly and substantially
in issue should be the same in the former suit as well as in the present or subsequent suit.

It is also a duty of the parties to raise all matters directly and substantially in issue in the
suit. For example, if A has right to possess some property on the basis of ownership title
then if he has a claim on the basis of intestate succession as well as Will (testamentary
succession) then it is his duty to raise both these issues in the suit as both these issues are
matters directly and substantially in issue, whether it was raised expressly or not raised in
the suit.

If the parties had knowledge about both the issues at the time of former suit or with due
diligence, he could have known about it then he might and ought to have raised both the
issues in the former suit as is manifest in Explanation 8 of Section 11.

In the former suit, it will be deemed that the party had raised all such issues and that all such
issues have been heard and finally decided by the court, irrespective of whether it was raised
or not raised. Thus, if one of such issue was not raised in former suit and has been raised in
the subsequent suit then in the subsequent suit, the issue will be deemed to be heard and
finally decided in the former suit and by rule of construction, constructive res judicata will
apply upon that issue in the subsequent suit. Moreover, the party will also be bound by the
rule of estoppel. Constructive res judicata can be avoided by proving that the said issue was
mutually destructive of the issue actually in the former suit or that he did not have the
knowledge and even with due diligence he could not have had the knowledge of that issue at
the time of former suit.

ASSIGNMENT 3

Q) Broadly the case of the plaintiff is that he is the owner of a property called 'Black Acre'.
He is also in possession of the same. He claims to have acquired the property by way of
perpetual sub lease deed, way back in 1981. He also claims to have raised a construction
(three floors) on the said property and allowed the defendant, who is his youngest brother, to
reside in the ground floor of the said property, as licensee, in permissive occupation. 
It is the plaintiff's case that the defendant has now refused to vacate the property and has
also filed a frivolous suit for Partition, currently pending in the Hon'ble High Court, with
respect to the suit property asking for a share, falsely portraying 'Black Acre' to be an
ancestral property, in which — the plaintiff, defendant and their sister 'S' have an equal
share. 
In these circumstances, the plaintiff has filed the present suit seeking Mandatory Injunction
in the form of a direction to the defendant mandating him to vacate the ground floor portion
of the suit property, currently under his occupation, and also for recovery of mesne profits. 
The defendant has opposed the very maintainability of this suit, and has filed an application
u/s 10 of the CPC, claiming that on account of pendency of a previously instituted partition
suit with respect to the same property, this suit ought to be stayed in compliance of the
mandate of Section 10 of the CPC. 
In response to the said application, the plaintiff has claimed that the matter in issue in the
present case is completely different from the partition suit pending before the Hon'ble High
Court. The cause of action/relief claimed is totally distinct in the two cases. 
He has further argued that since the sister of the plaintiff and defendant, 'S' is a party before
the High Court in that suit, but not a party to the present suit; Therefore, the present suit and
the previous suit cannot be stated to be between the 'same parties' and Section 10 cannot
apply. 
Last but not the least, the plaintiff has also argued and quite vehemently: that in the partition
suit, the Hon'ble Court is seized of the entire suit property 'Black Acre' (all the three floors),
whereas the present case pertains only to Ground Floor of the said property, which is
allegedly in wrongful occupation of the defendant. Hence, the subject matter and parties in
both the suits cannot be stated to be the same and therefore, Section 10 of the CPC is not
attracted. Decide whether the present suit ought to be stayed u/s 10 CPC, or not? Also
discuss briefly — the essential ingredients required to be satisfied for application of Section
10 CPC? 
A) The doctrine of Res Subjudice as is manifest in Section 10 of Code of Civil Procedure
1908 (hereinafter called ‘CPC’) has the jurisprudential purpose of preventing multiplicity of
proceeding and conflict of judgements as well as preventing the same party from being
vexed more than once for the same cause.
The constitutional essence lies in equity, justice, reasonableness and balancing of interest.
The idea behind Res Subjudice in Section 10 is that if already a legal dispute between two
parties is pending in some court, then a similar suit filed after that should not be continued
as that would be unnecessary and would result into an unnecessary wastage of the process
time of the court through dual proceedings.
It would be proper to answer the second part of the given question first. Because that would
be the basis of answering the first part. 
The essential elements of Section 10 are as follows and are not much different from res
judicata excepting that in res subjudice the former suit is pending whereas in  res judicata
the former suit has been heard and finally decided:
1. The former suit shall be pending in a court having jurisdiction to try it and during such
pendency a subsequent suit has been filed.
 
2. The parties in the two suits shall be the same or claiming under the same parties.

3. In both the suits, the parties are claiming or litigating under the same title.

4. The matter directly and substantially in issue in both the suits are same or substantially
same.

In order to answer the first part of the question, the various contentions of the plaintiff can
be discussed one by one.

With respect to first part of the contention, matter directly and substantially in issue is the
fact on which the title of the party is based. In the former suit in the present case relates to
whether the entire black acre property was ancestral property and whether the plaintiff in the
former suit had the right to partition. In the present suit also, the defendant is claiming the
same facts and therefore the matter in issue in the both the suits, that is, whether the property
is ancestral property is the same and also whether the plaintiff in the former suit had the
right to partition.
It can be observed that cause of action in both suits is also therefore materially same, that is,
the right to possess and denial of possession. In any case, difference in cause of action or
relief doesn't matter under Section 10.
Therefore, the above contentions of the plaintiff in the present suit is rejected.

With respect to the second contention, no doubt, it is required under Section 10 that in both
the suits the parties should be the same but in the present case, the contention is that the
parties are different as the sister ‘S’ is a party in the former suit but is not a party to the
present suit. However, looking at the nature of the dispute, in the subsequent suit also the
dispute is with respect to the property being ancestral property or being the separate property
of the plaintiff and therefore matter in issue in both the suits being the same, S is a necessary
party to subsequent suit and hence S has to be added or impleaded as a necessary party to
the subsequent suit and therefore it cannot be said that the parties to the two suits are
different. Hence, the second contention of plaintiff is also rejected.

With respect to the third contention, as far as the contention about subject matter being
different is concerned, it is the same property which is in dispute in both the suits. In the
former suit, the entire property ‘Black Acre’ is concerned, whereas in subsequent suit only
the ground floor is concerned. But the issues are the same and it can be said that the former
suit is more comprehensive and if that suit is decided, then, the issue raised in the
subsequent suit about ground floor will automatically get decided. Therefore, the third
contention of the plaintiff is also not sustainable. Moreover, it can be observed that if the
former suit is heard and finally decided then it will apply as res judicata on subsequent suit.
On that basis also, it can be inferred that res subjudice will apply on subsequent suit.
Accordingly, the present suit shall be stayed.

ASSIGNMENT 4

Q) Acknowledgement is of legitimacy and not legitimisation. Discuss.

A) According to Mulla:
"Where the paternity of child, that is, his legitimate descent from his father can't  be proved
by establishing a marriage between his parents at the time of his conception or birth, the
Muslim personal law recognizes acknowdgement as a method whereby such marriage and
legitimate descent can be established as a matter of substantive law for the purpose of
inheritance."

Legitimacy is a fact of the child being legitimate under Muslim personal law. It is the
status of a child resulting from certain facts about the relationship between his parents if
the legitimacy of a child is in doubt. In such a case, acknowledgement whether expressed
or implied of his father can confer upon his child the status of legitimacy. If a child is
proved to be illegitimate, no acknowledgement can legitimise it. Hence, acknowledgement
is a mere declaration of a child's legitimacy.
On the other hand, legitimisation or legitimation is a process to confer upon someone
legitimacy who was never a legitimate child. Where the paternity of the child, that is,
whether such child is the legitimate child of his father or not can't be proved, it is only in
such a case, acknowdgement is made under Muslim personal law. Acknowledgement is not
legitimation as legitimation creates status which didn't exist before.

ASSIGNMENT 5

Q) Determine the main issues in the case of Sarla Mudgal v. Union of India.

In the case of Sarla Mudgal v. Union of India  1995 AIR 1531 the court raise three issues 

Issue 1) What is the effect of conversion of a Hindu husband upon his earlier Hindu marriage?

Ans) The conversion by a Hindu husband doesn’t affect the validity of the existing Hindu
marriage per se, rather at the most, Hindu wife will get a right to claim divorce on the ground
of conversion under Section 13 (1)(ii) of Hindu Marriage Act, 1955. As in this case, the Hindu
wife has not obtained divorce from her husband, so, the marriage will be deemed to be
subsisting, that is, it is not yet dissolved.

Issue 2) What will be the nature of second marriage which was a Muslim Nikah after
conversion to Islam?
Ans) The second marriage though contracted under the Muslim personal law, wherein, limited
polygamy is allowed, it was solemnized while the apostate husband having earlier Hindu wife
living, therefore by virtue of Section 5 (i) read with Section7, 11 and 17 of Hindu Marriage
Act,1955 read with Section 494 and 495 of Indian Penal Code, 1860 the second marriage by
an apostate with respect to his first wife who married him under  Hindu Marriage Act would
be in the violation of the principle of the  Hindu Marriage Act and as such void in terms of 
Section 494 of Indian Penal Code, 1860. The court also observed that the second marriage of
an apostate husband would be in violation of Principles of Natural Justice, that is, justice,
equity and good conscience, as an apostate husband has no right under Hindu Marriage Act to
marry again without getting earlier marriage dissolved under Hindu Marriage Act.

Issue 3) Can one personal law override the other personal law?

Ans) As per the general rule, if there is a conflict between two personal laws, neither will
prevail. However, in the present case, due to the earlier existing marriage which was
solemnized according to Hindu law, the civil rights and obligations were created in favour of
the first Hindu wife. And those rights and obligations will not be done away with merely
because the Hindu husband converted to Islam. Therefore, the civil rights and obligation of
Hindu wife will prevail over the rights of the second wife.

ASSIGNMENT 6

Q) The husband died in 1890. At that time wife was in lawful possession of his property. In
1902, the legal heirs filed a suit for possession of property. The wife claimed that the property
was gifted to her by her husband and in the alternative, she also claimed that she has the right
to lien over the property. The trial court in 1903, passed the decree in favor of legal heirs,
conditional upon payment of dower to the wife within the period of six months. The dower
was not paid and wife continued the possession of property. In 1907, she executed two gift
deeds and transferred the property to Donees. In 1915, the legal heirs once again filed a suit
claiming cancellation of deed and also the possession of the said property. They also filed an
affidavit that they are willing to pay the dower amount. Decide whether the legal hires will
succeed or not.
Ans) In the present case, the main issue to be determined is whether at the time when
alienation was made in 1907, the defendant wife had an absolute ownership title to the
property or she was still exercising her right to lien.
Wife, upon the death of her husband had a right to lien upon the said property which means
she had a right only to continue with the possessions of the property until her dower amount is
recovered. The right to lien doesn’t transfer absolute ownership in the holder of the right to
lien, rather the ownership is vested in the legal heirs including wife, to the extent of their
respective shares.
In the case of Ahmed Hussain v. Khadija, it was observed that the widow has a power as a
creditor for her dower to hold the property of her husband of which she was lawfully and
without fraud or force obtained the possession until her debt is satisfied, with the liability to
account to those entitled to the property subject to the claim of profit received. When the
decree was passed in 1903, the wife was not granted absolute ownership, rather her right to
lien was upheld. And therefore, the court passed the decree in favor of the legal heirs,
provided they pay the dower amount within six months. However, such an amount was not
paid by the legal hires to the wife but still she was exercising her rights to lien.

Therefore, the right of a widow to retain possession of her husband ‘s property under a claim

for her dower doesn’t carry with it right to alienate the property.

If she alienates the property she can do so only to the extent of her own share. It doesn’t affect

the share of others hires of the husband.

Where the widow has alienate the property by delivering the position to alienate, then the

widow can’t be restored back to the position as she has Lost her right to lien.
 CHAPTER 5: LEARNING SUMMARY

During the course of my internship under Advocate Kundan Kumar , I learnt a whole

lot of new things. The experience at this firm was way different from that in the

internships, as this was the first experience of the virtual internship. Herein, even if

the internship was virtual, yet the experience was practical and different from the

theoretical knowledge which we gain in colleges.

5.1 My achievements during the internship

During my internship, I had an altogether different experience in which I learned

various aspects of law and how the courts function. Some of which are as follows: -

1. I learned about the fact that research is one of the most important aspects of a case.

I was given 1 judgement per day and was told to prepare the briefs which was a

new experience as each judgement was based on different field of law and learnt

about it.

2. I also learnt about the various types of cases and how a new case can also be filed

in the Supreme Court. Also, I learnt that what kind of appeals goes in the Supreme

Court.

3. I learnt how the drafting is done and what all documents have to be prepared

before presenting the case in front of the judge.

5.2 Ethical issues observed or faced

Unethical means something which is not morally correct or something which is

fraudulent or dishonest. Unethical issues cannot be ignored under any profession. An

advocate also adopts some unethical practices to gain some extra money.

During my internship what I felt was a bit unethical was that, at times advocates took

advantage of the internship being virtual and for 2 weeks I was not given a single day

off and used to work till nearly 10:00 p.m.

5.3 Suggestions

I observed that my advocate was very well organized with the discipline maintained in

the office and arrangement of files and all other things. My suggestion would be that

all the advocates should be so organized so that when the date of the case arrives, then

no time is wasted in arrangement of the file and the advocate can focus only on the

preparation of the case and not on any other thing.

5.4 Bibliography

1. https://main.sci.gov.in/jurisdiction

2. http://www.aaptaxlaw.com/supreme-court-rules/court-fee-to-file-petition-in-supreme

court-supreme-court-rules-2013-3rd-schedule-practice-and-procedure-2017.html

3. http://shodhganga.inflibnet.ac.in/bitstream/10603/7888/9/09_chapter%202.pdf

4. https://advocatetanmoy.com/the-court-fees-delhi-amendment-act-2012-delhi/

5. Narendra Kumar, Key to Civil Court Practice and Procedure, 104-11- (Universal

Law Publication, New Delhi, 3rd edn, 2016)