Professional Documents
Culture Documents
Internship Diarymohsin
Internship Diarymohsin
Section: F
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CONTENTS
● List of Cases
● Introduction
PART I
● Court Diary
PART II
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INTERNSHIP OVERVIEW
and respect to Advocate Mr. Dinesh Kumar, without whose constant guidance this internship
• High Court
• District Court
This Internship helped me knowing the application of law. I had seen the interpretation,
function of law in court. It does play a vital role in every individual’s life. It gave life to those
books which I have read. In democratic India, laws are not only a written document but also
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INTRODUCTION
This report examines the internship program with Advocate. My internship with Advocate
experience for me. The internship delivered me insight look of the society through the medium
of court practice, where I dealt with people directly to look into their problems under the
guidance of my senior and other associates with the help of them I was able to complete my
internship with an excellent learning experience. I visited different District Courts, High Court
as per the different matters fixed in courts in daily routine. Where I got an opportunity to appear
before the Hon’ble Judges and Magistrates and also to interact with the prisoners and to know
the reason for the commission of their crime and prisoner’s that seek to utilize the rehabilitative
opportunities. Imprisonment offers, combining it with the essential restorative justice a meeting
There is rule of law in our society followed in courts, is an aspect equality before the law which
suggest that no person is above law and that every person, whatever be his rank or condition,
Rule of law requires that no person shall be subject to harsh, uncivilized or discriminatory
treatment even when the object is the securing of paramount exigencies of law and order.
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FACTUAL AND ANALYTICAL EXPERIENCE
ABOUT
THE INTERNSHIP
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IMPORTANCE OF LEGAL INTERNSHIP
Internship is an important part of academic curriculum because they help one again practical
knowledge and experience required to excel in their respective fields. Legal internship is not
an exception to this rule. Legal internships help law students to decide their respective areas of
1. Internship is one of the modes of practical training in the sphere of legal education. Apart
from the moots, legal aid and legal writing it forms the core component of practice acquisition
2. The process of internship provides the students with an opportunity to study and examine
the structure and behavior of organizations. It shows to them the nature of legal framework of
the institutions and concerned issues. Students get the benefit of an exposure to law in action
rather than law in books (as acquired in class rooms) and thus help them in due acquisition of
legal expertise. Legal services are the tenth most popular field choice in our student internship
program. Each year, a few dozen students from political science, law, and other majors do short
term internship in laws. Placements can be anywhere from criminal law firms, to the
● Legal internship helps in gaining practical skills and hence gives an edge in the job market.
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LEGAL INTERNSHIPS ARE PRIMARILY RESEARCH AND DRAFTING
ORIENTED.
RESEARCH:
Research constitutes an important aspect of any internship whether it is a law firm or a court
internship. Hence one needs to be well acquainted with various legal research tools, the
DRAFTING:
Drafting skills require lots of hard work and patience. One needs to be well versed with the
various drafting specimens and formatting skills in order to undertake and complete such
assignments properly. Apart from these, assignments may include proof reading of various
legal documents, observance of court proceedings, making notes on various legal issues etc.
1.Supporting the lawyers that come into the office and program. Sitting in on meetings
4. Helping clients if possible and if I am able to since I don’t know much about the field
yet.
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I started interning with Mr. Dinesh Kumar from the 1st July 2019 to 31st July 2019. His office
is located at Chamber No.- 24, Near Post Office Lane, Tis Hazari, Delhi.
One skill that I immediately took note of was time management. Everybody was on his or her
toes.
On the very first day, I was taught the traits of a good advocate. Time management, quick effort
with well thought action, meeting with the deadlines; these were the few things that I had to
take note of.
During the 31 days of my internship, the things I learned during my internship can be
enumerated as:
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examinations.
I read case files related to dispute, Divorce under section 13 of Hindu Marriage Act,
1955, Murder, Property Disputes (Title Dispute).
As I did Internship in July, 2019, I didn’t remember the details of each case but I made
notes of few cases which is related to the possession of the property. Brief facts of the
case were: the property was given for re-construction to the contractor by the client’s
Brother who got expired few months after the agreement with the contractor. The client
is the legal heir of him. Now, the contractor failed to give the possession back to the
owner/client at the expiry of consented time period and he let out that property on rent
to someone else. So, the case was about to get the possession back from such unlawful
possession by the Contractor.
3. LEGAL RESEARCH:
One day I was asked to search for a case by one of the Junior Advocate working with
the Siddharth Sir while he was preparing on her case. She told me the main points of
her case and asked to search for similar judgements which were held in favor of her
client and also against him. That was the first time I ever did any research before that I
didn’t know what the research is all about. In our law curriculum the research was
taught in 6th Semester i.e. after my internship. Thereafter I researched many times when
being asked. I learnt that in order to get the exact/similar case to our case it take so
much of labour like putting the key words in search engine of the relevant sites like
Manupatra, Indian kanoon, Supreme Court’s Site and thereafter reading of resulted
judgements with a wide array of law books and bare acts and to find out whether the
judgement is related to our case or not be it in our favour or against and I learnt that
while looking for favorable judgements it is also necessary to look for the against
judgements so that we can work more on laying our case stronger by getting the
knowledge/hint what the opposite party may argue before the court.
I also went to the High Court’s Library to look for the judgements of which we have
citations only and also not available on the browser.
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4. COURT VISIT:
• On the first day, I was asked to visit court rooms to witness the Court proceedings. I
was advised to take note of everything that happens in a court room. I heard few
cases. They were related to divorce petition, property dispute. That day I learnt how
a judge entertain the arguments of an advocate and what the mannerism an advocate
needs to follow before the court.
• I visited the Court with my Lawyer. He was to represent a Divorce Case. We were
representing the appellant side. It just went for 5 minutes and next date was given,
which was after 2 months.
• I visited District Court along with my Lawyer, there I learnt regarding the quashing
the proceedings of the F.I.R under Section 406/420 of the Indian Penal Code where
the parties had settled the matter by obtaining the decree of divorce by mutual
consent and there was no survival of criminal cases as registered under the said
sections by the State. This was an important case for me to understand the concept
of FIR.
5. FRAMING OF CHARGES:
As my Lawyer has office in New Delhi, he and his junior lawyers handle the matters at
Trial Court Level also. So, I got the opportunity to witness the process of framing of
charges. For the purpose of framing charge, therefore, the Judge is to consider judicially
whether on consideration of the materials on record, it can be said that the accused las
been reasonably connected with the offence alleged to have been committed and that
on the basis of the said materials there is a reasonable probability or chance, as we
normally call it, of the accused being found guilty of the offence alleged. If the answer
is in the affirmative, the Judge will be at liberty to presume “that the accused has
committed an offence” as mentioned in Section 228 of the Criminal Procedure Code
for the purpose of framing charge. On the contrary, if the answer is in the negative for
want of sufficient material, the Judge shall discharge the accused as no charge can be
framed.
6. CROSS EXAMINATION:
I also learnt how Cross examination is to be done. While cross examining the witness
never allow him/her to be confident ask them twisted question so that they become
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nervous and are not able to answer properly. My Lawyer had asked mostly leading
questions which we were recently been taught in the class.
7. FINAL ARGUMENTS:
I learnt that it means the final statement of a professional debate, or the conclusion of
a speech. It takes place only after both sides of the case have presented evidence and
examined witnesses to the lawyer’s satisfaction. Sometimes this process takes up a
few hours, but depending on the case and the specific charge, proceedings can go on
for days, weeks, or months. The only aspects remaining of the proceedings after the
closing statements have been delivered are the jury’s deliberation, followed by the
delivery of a verdict. Both the content and the delivery of a closing statement are
incredibly important, because it is the last thing a lawyer can say to the jury or judge
before a final decision is made about the case.
8. CLIENT INTERVIEWING:
I was also given the opportunity to sit during discussions with clients. I observed that
my Lawyer listened him patiently and allowed him to finish. He asked some questions
from the client in order to get the full facts and to get the clear picture of the client’s
case. After listening the patiently, my lawyer assures the client you no need to worry
case is in our favour or going in our favour.
I learnt that Lawyer must ensure the client that he is listening and also understanding
his situation. Lawyer can reflect these by noting the points and by interacting with the
client. I witnessed the counselling related to the matter of getting possession back of
the property and divorce matter.
9. OTHER EXPERIENCE:
I was made to read various Orders & rules there under of Civil Procedure Code,
Negotiable Instrument Act, Indian Evidence Act, Criminal Procedure Code. Thereafter,
I was supposed to explain them what I understood & then they explained me the
practical aspect of these provisions.
I also learnt that filing of a case is done at Central Filing Office, where the plaint along
with documents were submitted and along with court fees, which was through court
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tickets attached to such documents and plaint were submitted.
I also learnt that every lawyer maintains a court diary, which proved handy and very
useful as all the details of the cases were entered in the diary with proper date i.e.
previous date and next date of hearing. It proves to be useful as respective cases are
recorded by the lawyer date wise and it saves time to think and search for the cases as
per upcoming date.
I also learnt that it is important to read apex court judgements and keep yourself sound
minded and while dealing with a case read the facts of case very carefully and try to
find out loopholes and then use them in your favour.
Firstly, the fierce competition among advocates shows that sometimes the profession is not just
about fair representation of clients but to even outgrow the fellow advocates.
Secondly, I noticed that there is intense level of paper work involved which further is difficult
to manage for a long time period, as was observed by me during internship that some old case
files were kept in shelves which were eaten up by dust.
GOOD LESSONS
One must always be interactive and in building up good contacts with fellow senior’s good
communication skill is required and try to gain knowledge from them. One should also have
basic knowledge of Criminal Procedure Code, Civil Procedure Code, Evidence Act as lack of
it creates a big hindrance towards the understanding of working of the courts. And as I was
also suggested that one must carry their hard copies of the concerned Acts and codes as they
prove to be very helpful during internship.
The experience was really amazing. I got to interact with a lot of people and I was lucky to
learn a lot from the associates. In law school you read the law but while interning you get to
apply it, so overall, I got to learn more about law and its application from my internships.
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PART - II
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IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT
Anand Kumar
----------------Petitioner No.1
Versus
Surbhi Kumar
-----------------Petitioner No.2
1. That The marriage between the parties was solemnized on 31/06/2015 at New Delhi,
by Hindu rites and ceremonies. The said marriage was consummated thereafter and the
parties co-habited as husband and wife at the matrimonial home i.e. New Delhi.
2. The particulars showing the details of the parties to the present petition is given
hereunder:
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Husband Wife
Residence Residence
Before Marriage
At the time of
filling the
Petition
2. That there is no issue out of the wedlock of the parties. (or describe the name age and date
of birth of the children and also described about the agreement about the custody of the children
3. That the parties could not adjust with each other due to temperamental differences and their
marriage has broken down irretrievably and it is now not possible between the parties live as
4. That all the efforts of reconciliation between the parties to continue the present marriage has
failed and there are no further chances of reconciliation between the parties any more.
5. That the parties are residing separately since 06/07/2016 and there is no cohabitation between
6. That the parties have now decided to dissolve the marriage legally through a decree of
divorce on mutual consent. The parties have settled all their claims, counter claims etc. and
the respondent wife has received her entire Stridhan, Permanent alimony, maintenance etc. and
there is no due with regard to any other claim between the parties now.
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7. That the party has decided to withdraw all the complaints, counter complaints against each
other.
9. That there are no other divorce proceedings pending before any other court.
10. That the matrimonial home of the parties was at New Delhi, hence this court has the
11. That there are no legal impediments in grant of the decree of divorce to the parties on the
PRAYER
It is most respectfully prayed that the court may accept the present petition and grant a decree
of divorce between the parties thereby, dissolving the marriage between the parties.
Any other order which the court may deem fit and proper in the facts and circumstances of the
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IN THE COURT OF ADDITIONAL DISTRICT & SESSION JUDGE
-------------Applicant
Versus
New Delhi
-----------------Respondent
1. The meaning of Criminal Miscellaneous Petitions in general cull out from the
application filed before the criminal court in or otherwise in the criminal proceedings
on different actions of reliefs for some privilege, right, benefit or for an action”. In
general, Criminal Miscellaneous Petition is an application filed into the Court for
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2. The Criminal Miscellaneous Petitions are one of the important tasks of the
will start even before registering the case by way of Anticipatory bail application. The
proceeding, during the criminal proceedings or after conclusion of the same. The Courts
must cautious while dealing with these petitions with regard to their maintainability on
3. The orders passed in these petitions are mostly interim in nature, some of the petitions
are for specific purpose and some period either interim or final. When a petition is filed
before the court of law need not be treated as a petition. The main difference between
petition and memo is that memo is nothing but brining a fact to the notice before the
court of law and no relief can be sought for in a memo, however, where a petition is
filed requiring some relief from the court, a notice to opposite party is mandatory in
see whether the relief sought is provided under the Criminal procedure Code or not. If
notice shall be ordered to the opposite party. Having heard both the parties, a detailed
order has to be pronounced. In a day to day, criminal courts come across several
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5. When a petition is filed under section 239 of Criminal Procedure Code in a Magistrate
Court and under Section 227 of Criminal procedure Code in a court of Sessions, seeking
discharge of accused from the warrant case or Sessions case, , before allowing that
petition, the Court has to see whether there is any prima facie case appears against the
accused. The court has to find out whether or not allegations made are groundless so
as to order discharge. The court is not expected to go deep into the matter and hold
a ground for presumption that offence has been committed and not where ground for
6. When a petition is filed before the Magistrate of, I Class Court, seeking discharge of
accused in a case exclusively triable by the Court of Sessions, the Magistrate cannot be
discharge the accused, in view of the decision reported in AIR 1978 SC 514 in between
Sanjay Gandhi vs. Union of India. A criminal petition for discharge of accused in
summons case is not at all maintainable. It was held by the Hon’ble Supreme Court of
Indian in a case in between A. Prasad vs. Rooplal Zindal reported in AIR 2004 SC
4674 that a criminal miscellaneous petition for discharge of accused in summons case
permissible under law. It was held by Hon’ble Supreme Court of India in a decision
reported in AIR 2008 SC 1903 in between Hemachandar vs. State of Jharkhand that
when a petition is filed seeking for discharge of the accused, the court cannot look into
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7. Petition filed by the accused under Section 309 of Criminal Procedure Code, where a
witness is present in a court but a party or his advocate is not present or the party or his
advocate though present in a court , is not ready to examine or cross examine the
witness, the court may, if it thinks fit , record the statement of witnesses and pass such
orders as it thinks fit dispensing with the examination of witness in chief or cross
examination of that witness as the case may be. Trial Court cannot be permitted to flout
the mandate of Sec.309 (1) of Criminal procedure Code, unless the court has very
permitted to adjourn the examination of witnesses who were in attendance beyond the
next working day. It was held in Thampi Vs. State of Kerala reported in 1994(1) ALT
Criminal -69, that Order of Sessions Judge directing Advocate of accused to deposit an
number of Rupees one thousand for adjourning a Sessions trial at his instance to be paid
to witnesses present as day costs Not legal. Power of Court to adjourn proceedings on
such terms as it thinks fit does not include power to direct Counsel to pay costs. Counsel
cannot be identified or equated with that of a party. When witnesses are present,
adjournment shall not be granted without examining them except for special reasons to
be recorded in writing. Engagement of Counsel in another case not a special reason for
adjourning the trial when witnesses are present. Advocate seeking adjournment can be
examine. If both of them do not avail opportunity without adequate reasons, Court can
8. Section 310 of Criminal procedure Code. In some cases, the accused comes with a
petition under section 310 of Criminal Procedure Code by praying the Court to make a
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local inspection in some cases any judge or Magistrate may, at any stage of the inquiry,
trial or other proceeding, after due notice to the parties, visit and inspect any place in
which an offence is alleged to have been committed, or any other place in which it is in
his opinion necessary to view for the purpose of properly appreciating the evidence
given at such inquiry or trial, and shall without unnecessary delay record a
shall form part of the record of the case and if the prosecutor, complainant or accused
or any other party to the case, so desires, a copy of the memorandum shall be furnished
9. In some cases, the accused comes with a petition under section 310 of Criminal
procedure Code by praying the court to make local inspection, but it is not desirable for
the court to do so. In a decision held in between Vathadu Venkanna vs. State of Andhra
Pradesh, our Honourable High Court held that “ local inspection by presiding officer is
10. Generally, we come across with petitions filed under section 311 of Criminal procedure
Code by praying the court to recall witnesses who were already examined, power under
Section 311 of Criminal procedure has to be exercised to find out the truth render a just
11. When the prosecution filed a petition under section 319 of Criminal Procedure Code,
praying the Court to proceed against other persons other than the accused who are
facing trial, the court can pass orders basing on the examination in chief itself, there is
no need of giving an opportunity to the proposed accused for cross examination, which
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was held in a case in between Gangadhar Nandagiri Swamiji vs. State of Uttar Pradesh
12. In some occasions, the accused used to file petitions under section 91 of Criminal
Procedure Code to summon the documents. At the time of framing charges, the court
has to examine the material which is produced by the prosecution and it cannot summon
any document at the instance of accused, the same was held by the Hon’ble Supreme
13. In cases relating to applications for return of case property for interim custody, the court
pass an order for interim custody after ascertaining the ownership of that property with
a direction to produce the same as and when required or directed by the Court.
14. In addition to the above Criminal Miscellaneous Petitions , another important Criminal
Miscellaneous Petition used to be filed by the accused in criminal cases are bail
applications filed under Section 436 of Criminal Procedure Code and Sec.437 of
Criminal Procedure Code before the Magistrate Court and Sec.438 of Criminal
Procedure Code and Sec.439 of Criminal Procedure Code before the Sessions Court
for seeking the bail against the accused who is in judicial custody . Under Section 436
seeking bail applications against the accused who is in judicial custody seeking
protection from arrest under section 438 of Criminal Procedure Code. There is a
separate topic in this workshop for discussion about the bails, Anticipatory bail.
Therefore, there is no need to refer anything more in respect of the bail applications.
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PRAYER
It is therefore, prayed that Hon’ble court may kindly be pleased to order that the
applicant be enlarged on bail and for this humble act of kindness, this Applicant shall
Dated:
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