Internship Report

INTERNSHIP REPORT SUBMITTED IN PARTIAL FULFILMENT

OF REQUIREMENTS OF BA LLB (HONS) DEGREE

SUBMITTED BY:

SHUBHAM ANAND

ENROLLMENT NUMBER

41425503817

MONTH YEAR

01.02.2022 to 28.02.2022

SEMESTER

JIMS ENGINEERING MANAGEMENT TECHNICAL CAMPUS

(Affiliated to GGSIPU & Approved by Bar Council of India, Delhi)
GREATER NOIDA, GAUTAM BUDDH NAGAR,
UTTAR PRADESH, INDIA

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 Internship Report

LIST OF CONTENTS

S. NO. TITLE PAGE NO.

1. Acknowledgment 3

2. Offer Letter 4

2. Undertaking Regarding 5
authenticity by the student

3. Objective of their Internship 6

4. Day to day report (1 month 7-40

report) of Internship that shall
include the Court/ assignments
attended to;

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 Internship Report

ACKNOWLEDGMENT

I would like to extend my sincere thanks to Mr. Vikas

Khatri, Advocate on record for giving me the
opportunity to intern with him for a period
commencing from 01.02.2022 to 28.02.2022. He has been
an encouraging mentor and has guided me throughout
this journey and supported me in all my endeavours.

I would like to take this opportunity to acknowledge

Dr. Pallavi Gupta, HOD JIMS School of Law, Greater
Noida, for allowing me to intern under him.

SHUBHAM ANAND
BA.LLB JIMS School of Law
E-mail: shubhsmanad@gmail.com

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 Internship Report

INTERNSHIP OFFER LETTER

Date-:29/01/2022

Name of Candidate – Shubham Anand

Address – 3H, MSD Flats, Minto Road Complex, Minto
Road, New Delhi-110002
I am pleased to inform your acceptance of an
internship position Junior Law Executive in THE LEGAL
LEGENDS. Your First day of joining will be
01/02/2022. In addition to your duties outlined in
the interview, you will report to your supervisor.
As an intern you are not the firm’s employee, and
therefore, will not received health and compensation
benefits. You understand that participating in
internship program is not an offer of employment.
During your internship, you will have an access to
firm’s clients and confidential information. You
agree that you will keep all this information and
client information strictly confidential and will not
share with anyone outside the firm. You will not use
it for your on benefits and on completion of the
internship, you will return documents, equipments,
and all other properties of firm.

Congratulations on the internship.

Best Regards

(VIKAS KHATRI)
Advocate

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UNDERTAKING

I Shubham Anand S/o Mr. Ganga Nath Jha R/o 3H, MSD
Flats, Minto Road Complex, Minto Road, New Delhi-
110002 do hereby solemnly affirm:

1.That each and every content of this report is

drafted by me.
2.That all the documents I have submitted to
support the authenticity my internship report
are true and as per my knowledge.
3.That I have not committed any sought of
plagiarism, misrepresentation, or any faking of
report and everything I done with my honesty and
sincerity.

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OBJECTIVE OF INTERNSHIP

1.To appreciate the practical aspects and social

dimensions of legal problems.

2.To grab the opportunity to see how law operates in

practical life.

3.To improve any own legal knowledge and to widen the

horizon of my own view of law as a profession.

4.To have an exposure to the law in operation in

contexts where I will come to perceive aspects of
law which cannot be learned from reading or hearing
about it.

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DAY 1: 1st FEBRUARY 2022

On day 1, after a brief introduction with Mr. Vikas
sir, other associates and interns, sir asked us about
our qualification and experiences in previous
internships. After getting an understanding of my
legal capabilities, Sir said me to write a reply of a
legal notice which his client had received regarding
a matter under section 138 of negotiable instrument
act (cheque bounce) and section 357 of CrPC
(imprisonment/maximum penalty: double the filed
amount), sir briefed me on the facts of the case:

That our client Ajay Channa had entered into and

executed MoU dated 13.03.2018 with the other party in
order to re-construct and redevelop the property for
a total sale consideration of Rs. 1,50,00,000/-. That
the liability of our clients towards the construction
cost payable to the petition the addressee as per the
MoU was only to the extent of Rs. 33,75,000/-

That our client had already paid the entire amount

33,75,000/-, as agreed towards the construction of
the said property through cheque/cash as and when
demanded by the other client against due
acknowledgment and the other party had handed over
the possession of the building to our client only
after receiving full and final consideration and no
due as on date whatsoever are pending upon our client
as demanded by the other party in the impugned notice
and the demand of the same only reflects.

That the other party has become dishonest, greedy and

wants to gain money out of illegal means by cooking
false and concocted stories without any base to
wrongfully enrich himself.

That sir said us to draft a reply notice to the other

party for withdrawal of their notice immediately
dated 25.01.22 and asked the other party to issue an
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unconditional written apology to our client as the

other client has misused the cheques of our client
with dishonest intention and the act of the other
party is illegal and punishable under various
sections of Indian Penal Code.

And after completing the notice he made me understand

where I was lacking and what else needs to be added
to the legal reply notice.

DAY 2: 2nd FEBRUARY

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2nd day of our internship, sir was filling an

executioner petition for his client, Mr Vikas sir
made us study about execution petition, which simply
means the process for enforcing the decree that is
passed in favour of the decree-holder by a competent
court. As per Rule 2 (e) of Civil Rules of Practice
“Execution Petition” means a petition to the Court
for the execution of any decree or order.

Sir even explained us the jurisdiction for execution

petition, As per Section 37 of Code of Civil
Procedure, the decree can be executed by the court
which passed the decree and as per section 38 of Code
of Civil Procedure the court to which the decree is
transferred, have jurisdiction to entertain the
execution petitions.

Facts of the case were that our client’s father had

entered into a contract for a flat from Silverglades
Builder Pvt. Ltd to which he paid a sum of
Rs15,38,362/- to the said party but later on due to
unknown reason our client’s father died. Now Vibha
Jain, our client being the sole heir asked to revoke
the contract and demanded back the consideration
amount which was given by her father to the said
party.

The matter was then presented in the court and decree

was passed in favor of our client, Vibha Jain
according to the said decree: as such there is no
option left with the complaint-builder but to refund
the balance amount after deducting 10% of the total
sale consideration, as per the provisions of RERA
Regulation No.11/RERA GGM Regulations 2018 dated 5th
December, 2018. As such, the matter stands disposed
in file is consigned to the registry.

That even after the decree was passed, the defendant

party Silverglades Builder Pvt. Ltd. didn’t gave the

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said money, so on behalf of our client sir asked me

to prepare a format of execution petition.

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DAY 3: 3RD FEBRUARY

On 3rd day of my internship under the apprenticeship
of Adv. Vikas Khatri, the task on this day was of
court visit. Sir was in need of attesting some
documents by an Oath Commissioner. As sir was leaving
for the Tiz Hazari District Court, he took us
(interns) for a more practical experience of the
legal system.

Sir briefly gave us an explanation on the meaning and

role of the Oath Commissioner which are given below:-

Commissioner of oath or oath commissioner is a law

officer, usually a fresh lawyer, appointed by the
Registrar of the High Court under legal provisions.
Oath commissioners are the persons responsible for
administering and witnessing the solemn affirmations
or swearing of oaths which is required for
maintaining the sanctity of the legal document which
acts as a certification that the declaration has been
rendered under the competent authority is true and
thus, may be used as per the judicial requirements.

In simple terms, their job is to attest the

affidavits of the deponents.

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DAY 4: 4th FEBRUARY

On this day, a client of sir had come to discuss
about his issues in which the concerned public
authorities were not doing their duties towards our
client. Then sir gave us all the facts of the case
and made us draft a legal notice U/s 478 of DMC Act,
1957 to the Commissioner of North Delhi Municipal
Corporation on behalf of our client.

Sir explained us the section 487 of DMC act, 1957

which says that any duty imposed on the Corporation
or any municipal authority by or under this Act has
not been performed or has been performed in an
imperfect, insufficient or unsuitable manner,
Provided that, unless in the opinion of the Central
Government the immediate execution of such order is
necessary, it shall before making any direction under
this section give the Corporation or the municipal
authority concerned an opportunity of showing cause
why such direction should not be made.

Facts of the case were that our client, who is the

legal and bonafide owner of entire built up property
with roof rights of property bearing no. 16 and 17
comprising of 100 sq. yds. out of total land of 200
sq. yds. out of Khasra No. 137/12, with free access
to common parking in A-2 Block, West Sant Nagar,
village Burari, Delhi-110084. Whereas the addressee
Sh. Rajender Nirula and his son Sh. Suraj Nirula in
March 2020 with the knowledge of my client as during
the lockdown my client did not visit the property
being a super senior citizen and was afraid of
contacting the Covid-19 disease if he would step out
of his house, both father and son connivance with
each other constructed two illegal and unauthorised
shops in the common stilt parking of the said
property.

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That our client gave written complainant to

Commissioner MCD, Deputy Commissioner Civil Line
Zone, Ex. Engineer (Bldg.) and AE (Bldg.), MCD, Civil
Line Zone, Rajpura Road regarding the same but no
action has been taken.

That in the notice, sir made us wrote a point that if

immediate action preferably within 15 days of the
receipt of this notice against the said illegal
unauthorised shops and get the same demolished at the
earliest or else I have clear instruction from my
client to take appropriate legal action against the
erring officials in the court of law at your own cost
and risk.

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DAY 5: 7th FEBRUARY

Today on 7th February sir made us read a recent case,
whose judgment was delivered on 4th February in High
Court where the court restrained Banks from taking
coercive action to recover EMIs for incomplete
projects. The Judgment came from the bench of Hon’ble
Ms. Justice Rekha Palli in the case of Ashish Tiwari
Versus Union Bank of India, where she recently
granted an interim stay in favour of the homebuyers
who invested in projects where the builders were
supposed to pay EMIs till possession, but stopped
doing so midway.

Appearing for some of the petitioners, advocate

Aditya Parolia said that having booked their flats by
giving the initial advance instalments from their
hard-earned income, the petitioners were now being
asked to pay EMIs despite the fact that none of the
projects was complete or the builders had gone into
insolvency while the homebuyers were still waiting
for the possession of their dream house.

The court said “prima facie, it appears” that the

loans were disbursed without any regard to the
advisories of Reserve Bank of India and National
Housing Bank. It said the banks and HFCs disbursed
the loan when the construction was incomplete and
were now asking the homebuyers to pay the amount
initially required to be paid by the developers. The
petitioners cannot be made to suffer the consequences
of this apparent collusion between the banks/HFCs and
the developers, it added.

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DAY 6: 8th FEBRUARY

On 8th of February case of Saurabh Gupta who is our
client was involved in fake kidnapping of his own
case. That during a get together party on 09.12.2017
Sourabh with his friends Manish and Satnam were in a
drunken state and they all made a plan to go on a
Europe tri but due to lack of funds all three in
connivance with each other planned to hatch a plot of
false kidnapping case of Saurabh and thereafter to
extort money from the father of Saurabh as he was a
rich person. That they all had got this idea after
watching a hindi movie.

That after making the fake kidnapping calls to the

parents of the Saurabh, all three partied all night
together and after being heavily drunk slept in the
room from where they had made the call. That the
father of the Saurabh after receiving the call from
Satnam, posing as kidnappers, informed the police
official and lodged a complaint against the fake
kidnappers persons. That the police personnel on the
basis of the location details of the mobile phone of
Saurabh tracked the location and found the car of the
Saurabh parked near the room wherein all the three
were staying and partying all night. That next
morning i.e. on 10.12.2017 when all three woke up
they had forgotten that they had made a call to the
family of Saurabh for fake kidnapping as they all
were in a highly intoxicated state in the night and
when all the three reached their car parked a few
meters away from the room the police personnel
waiting near the car nabbed all three and the present
FIR bearing no. 491/2017 was registered against
Satnam and Manish and thereafter a chargesheet
pertaining to present FIR has been filed wherein,
Satnam and Manish has been accused of criminal acts

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falling under Section 364A/365/341/342/506/323/34 of

the Indian Penal Code, 1860.

That thereafter the aforementioned accused persons

i.e. Satnam and Manish were arrested by the police on
10th December, 2017 and has since been in the judicial
custody pending the trial of the case i.e. SC No.
179/2018 before the Ld.Additional Session Judge –08,
West District, Tis Hazari Court, Delhi.

That all three have expressly sought forgiveness for

their actions and expressed utter regret on their
acts. So sir made us understand all the facts and
drafted a criminal writ petition under Article 226
r/w sec. 482 of the CrPC for quashing of the FIR No.
491/2017 u/s 365 IPC and proceeding arising out of
the same.

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DAY 7th: 9th FEBRUARY

On this day, Sir presented us interns with a
research-based task to find a case judgement
preferably of Supreme court or any high court in
which “documents not submitted with charge sheet are
not admissible in court”.

According to section 242(2) of CrPC does not permit

the prosecution to file document at a belated stage
after the submission of the chargesheet.

Section 173(5) of CrPC says that document should be

produced along with the chargesheet.

After examining some cases on the internet, we came

to the conclusion that in many cases the trial court
allows the prosecution to admit new documents at
later stages of the trial even when those documents
were not submitted with the charge sheet.

1.Chandu Veeraiah And Ors. vs State Of Andhra

Pradesh, ... on 16 November, 1959
Equivalent citations: AIR 1960 AP 329, 1960 CriLJ
791

The Supreme Court held in, that the word 'shall'

occurring both in Sub-section (4) of Section 173 and
Sub-section (3) of Section 207-A is not mandatory and
only directory. Subsection (3) of Section 207-A is in
pari materia with Sub-section (1) of Section 251-A.
As pointed out by their Lordships of the Supreme
Court, if it is shown in any particular case that the
omission on the part of the Police Officers concerned
or of the Magistrate has caused prejudice to the
accused, the Court may reopen the proceedings by
insisting upon full compliance of the provisions of
the Code. Allowing the prosecution to adduce
additional evidence will not itself prejudice the
accused and all the more so at a stage when he could

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avail of the right under the proviso to Sub-section

(7) of Section 251-A.

It is not the case of the petitioner that he has any

apprehension that the Magistrate will not allow him
sufficient time to prepare for the cross-examination
of the additional witnesses or that he will not
permit further cross-examination of 8 witnesses
already examined if it is found necessary in the
light of the additional evidence. In the
circumstances it is not necessary to give any further
directions except that the revision cases be
dismissed.

In most of the other cases that we examined, we found

that other judgments were similar as was in the
abovementioned case i.e. trial court allows the
prosecution to admit new documents at later stages of
the trial even when those documents were not
submitted with the charge sheet and on appeal by the
accused the same was said by several High court and
Supreme Court.

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DAY 8th: 10th FEBRUARY

On this day, Sir gave me a task on finding a
judgement of Delhi High Court or Supreme Court on
Misuse of Section 354 of the Indian Penal Code since
the precents would help Sir in his case which is
related with a gross misuse of Section 354.

After researching and reading various published

articles by many prominent journalists and several
cases, I reached to the conclusion that for over a
century courts have tried thousands for the offence
of “outraging the modesty” of a woman without a
precise definition of what constitutes a woman’s
‘modesty’ but now the Supreme Court has finally
defined modesty.

Its definition is “The essence of a woman’s modesty

is her sex.”

Cases:-

1.KAHKASHAN KAUSAR @ SONAM & ORS. VS STATE OF BIHAR

& ORS. …
The court held that upon consideration of the
relevant circumstances and in the absence of any
specific role attributed to the accused
appellants, it would be unjust if the Appellants
are forced to go through the tribulations of a
trial, i.e., general and omnibus allegations
cannot manifest in a situation where the
relatives of the complainant’s husband are forced
to undergo trial. It has been highlighted by this
court in varied instances, that a criminal trial
leading to an eventual acquittal also inflicts
severe scars upon the accused, and such an
exercise must therefore be discouraged. 
As a result, appeal stands allowed. 

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DAY 9th: 11th FEBRUARY

Day 9th of our internship a client from Karol Bagh,
Delhi came to sir office for some legal advice. Sir
made me sit by him side too show how to do client
handling. Sir greeted him and asked him tea/coffee
and after some introduction sir asked him his purpose
of visit.

To which Mr. Jagat Sasmal said that he had a bank

loan of Rs.14818081/-(Rupees One Crore Forty Eight
Lakhs Eighteen Thousand Eighty-One Only) and that due
to the impact of disruptions on account of COVID-19
pandemic, he wasn’t able to pay EMIs since 2019.
Hence, he received a bank notice in which the entire
loan amount was recalled of Rs.14818081/- (Rupees One
Crore Forty Eight Lakhs Eighteen Thousand Eighty One
Only).

Therefor sir advised him to urgently reply to that

bank notice which sir will do on his behalf and
discussed what will be the matter in that reply
notice. 

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DAY 10th: 14th FEBRUARY

Day 10th of our internship today we took off.

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DAY 11th: 15th FEBRUARY

On this day, sir gave us a task to research on the
topic evidentiary value of disclosure statements.

After some brief findings, we came to the conclusion

that every statement recorded by police officer
during investigation is neither given on oath nor is
tested by cross-examination.

According to the law of evidence the facts stated

therein are not considered as substantive evidence
but if the person making the statement is called as a
witness at the time of trial, his former statements,
according to the normal rules of evidence could be
used for corroborating his testimony in court or for
showing how his former statement was inconsistent
with his deposition in court with a view to discredit
him.

Section 162 of the Cr.P.C. prohibits the use of the

statements made to the police during the course of
the investigation for the purpose of corroboration.
It is based on the assumption that the police cannot
be trusted for recording the statements correctly and
that the statements cannot be relied upon by the
prosecution for the corroboration of their witnesses
as the statements recorded might be of self-serving
nature. There is not a total ban on the use of the
statements made to police officers.

1.Khatri vs. State of Bihar (1983) 

The Court has observed that the object of the
section 162 Cr.P.C is to protect the accused
both against overzealous police officers and
untruthful witnesses.

2.State of U.P. V. M.K.Anthony 1985 

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It has been ruled by the Supreme Court that S.162

does not provide that evidence of a witness in the
court becomes inadmissible if it is established that
the statement of the witness recorded during
investigation was signed by him at the instance of
the police officer. The bar created by S.162 Cr.P.C.
in respect of the use of any statement recorded by
the police during the course of investigation is
applicable only where such statement is sought to be
used at any inquiry or trial in respect of any
offence under investigation at the time when such
statement was made.

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DAY 12th: 16th FEBRUARY

Day 12th of our internship, today sir made us study
the most important part of lawyer’s daily life
filling of suits in India:
Procedure of Filing of Suits in India:

Filing of Suit/Plaint - Plaint is the written

complaint or allegation. One who files it is known as
"Plaintiff" and against whom it is filed is known as
"Defendant". It contains Name of the Court, Nature of
Complaint, Names and Address of parties to be suit,
it also contains verification from plaintiff, stating
that, contents of the plaint are true and correct.

Vakalatnama- It is a written document by which the

party filing the case authorises the Advocate to
represent on their behalf. However a party filing a
case may also represent their own case personally in
the court and in such case he/she do not need
Vakalatnama.

On General Terms, a Vakalatnama may contain below

terms:

 The client will not hold the Advocate responsible

for any decision
 The client will bear all the costs and expenses
incurred during the proceedings
 The advocate will have right to retain the
documents unless complete fees are paid
 The client is free to disengage the Advocate at
any stage of the Proceedings
 The Advocate shall have all the right to take
decisions on his own in the court of Law during
the hearing to the best interest of client.
Hearing: - On the first day of hearing, if the
court thinks there are merits in the case, it
will issue notice to the opposite party to submit

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their arguments and fix a date. When the notice

is issued to the opposite party the plaintiff is
needed to do the following:
 File requisite amount of procedure - fee in the
court.
 File 2 copies of plaint for each defendant in the
court.
 of the 2 copies for each defendant, one shall be
sent by Register/post/courier and one by Ordinary
post.
 Such filing should be done within 7 days from
date of order/notice.

Written Statement –

 When the notice has been issued to the

respondent, he/she is required to appear on the
date specified in the notice
 Before such date, the respondent is required to
record his written statement i.e. his barrier
against the claim raised by offended party,
inside 30 days from date of administration of
notice, or inside such time as given by court
 The written statement should specifically deny
the allegations which defendant thinks are false.
Any allegation not specifically denied is deemed
to be admitted
 The written statement should also contain
verification from the Defendant stating that the
contents of written statement are true and
correct
 The time period of 30 days for filing a Written
Statement but after seeking permission of the
court it can be extended to 90 days.

Replication by Plaintiff - Replication is a reply

filed by the plaintiff against the "written
statement" of Defendant and it should also
specifically deny the allegations raised by the

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Defendant in written statement. Anything which is

not denied is deemed to be accepted once
Replication is filed, pleadings are stated to be
complete.

Filing of Other Documents - Once, the pleadings are

complete, and then both the parties are given
opportunity to produce and file documents, on which
they rely, and to substantiate their claims. Filing
of Documents should be admitted and taken on record.
In brief the procedure is as follows:

 Documents filed by one party may or may not be

admitted by opposite party
 In case documents are denied by opposite party,
then they can be admitted by the witness
presented by party whose documents are denied
 Once the document has been admitted it shall form
a part of the record of court, and all the
details of suit such as name of parties, title of
suit etc, shall be inscribed on the document
 Documents, which are rejected i.e. not admitted,
are returned to the respective parties.
 It is necessary that document should be filed in
"original", and a spare copy should be given to
the opposite party.

Framing of Issues – Issues are framed by the Court

and on the basis of “Issues” arguments and
examinations of witness takes place. Below are the
key points:

 Issues are framed, keeping in view the disputes

in the suit, and the parties are not allowed to
go outside the purview of "Issues"
 Issues may be of: Fact or Law
 At the time of passing final order, the court
will deal with each issue separately, and will
pass judgements on each issue.

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Final Hearing - 
 On final hearing day, the arguments will take
place
 The arguments should strictly be restricted to
the issues framed
 Before the final Arguments, the parties with the
permission of Court can amend their pleadings
 The court may refuse to listen for anything which
is not contained in the pleadings
 Finally, the court will pass a "final Order"
either on the day of hearing itself or some other
day which will fixed by the court.
 

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DAY 13th: 17th FEBRUARY

Day 13th of our internship, today sir received a call
from his client Sagar Malhotra, that he got involved
in car accident near Rohini and the other car was
driven by the girl because of heated argument and in
a moment of rage Sagar Malhotra slapped her to which
later the father of girl lodged a police complaint
against Sagar Malhotra and section 354/354A/354D of
IPC were imposed on him.

Thereafter, sir took us with him to Rohini Police

Station North @ Shiva Rd, Sector 7, Rohini, Delhi -
110085 where he tried talking to the IO
(investigating officer) and asked him for a
settlement saying that his client will apologise from
girl and her family to which the IO agreed but the
father of girl insisted on registering case against
Saurabh.

Later, when Charge sheet was being prepared sir

argued to the IO that only section 354 should be
imposed else other section aren’t meaningful in the
case to which the IO agreed and a case was registered
against him and his car was impounded too.

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DAY 14th: 18th FEBRUARY

Today we took off as we have to go college for the
submission of 15 days Internship report.

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DAY 15th: 21st FEBRUARY

Today, we were assigned a case regarding Family Law
specially under Section 13-B(2) of Hindu Marriage
Act, 1955, to write a written statements of the case
and also write an application under section 151 of
Civil Procedure Code for waving of the statutory
period of 6 months.

Petitions:

Sh. Ashok kumar Gupta Petitioner No.1

(Husband)
Versus
Smt. Gurmeet Kaur Petitioner No.2
(Wife)

That after the marriage the petitioner and the

respondent lived together as husband and wife but the
marriage could not be consummated due to diabetes and
old age of petitioner no. 1 and thus no child was
born out of the wedlock of the said marriage. That on
account of illness and age difference of petitioner
no. 1 and 2 and also because of long standing
diabetes and other health related complications there
arose major temperamental differences and disputes in
opinion between the parties and they could not adjust
themselves with each other and consequently started
living separately from each other since August 2020
and since then both the parties have been living
separately. Now they are unable to live together and
as such the marriage between the parties is broken
down irretrievably. All efforts for reconciliation
have proved futile, hence there is no chance of
reconciliation. That a compromise/settlement has been
arrived between the parties on 01.11.2021 as to the
amount towards Stri Dhan and other   marriage related
expenses. That as per the settlement dated 1.11.2921,
the parties have settled all their disputes between

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them and am monetary consideration towards full and

final settlement of all the claims of the Petitioner
No. 2/Wife. It is further agreed that the parties
will go for divorce by way of mutual consent by
moving appropriate petition after expiry of statutory
period of six months of the petition on filed under 
Sec.13-B(1) of H.M. Act which shall be filed jointly.
It is also agreed that the parties shall withdraw all
the complaint cases, if any, filed by them against
each other. That the parties mention in the petition
has been living separately since August 2020 and to
live together since then. That the parties have filed
first motion petition on 02.12.2021 and the statement
of the parties were recorded in VC hearing before
this hon’ble court on 7.1.2022 and signed copy of the
joint statement of the parties were subsequently
recorded and signed. That the mutual consent of both
the parties have not been obtained by fear, fraud,
undue influence, coercion or force.

Prayer: The petitioners, therefore, pray that the

marriage between the parties may be dissolved by a
decree of divorce by mutual consent as per the
provisions of Sec 13- B(2) of the Hindu Marriage Act,
1955.

DAY 16th: 22nd FEBRUARY

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Day 16th of our internship and today sir took us to

court with him as he had to file a recovery suit, in
the matter of ‘Inderpreet Singh Sawhney versus Shri
Saranjeet Singh Sabharwal’ as we were filling suit on
the behalf of Inderpreet hereinafter plaintiff. As
defendant was regular customer of the plaintiff
sometimes defendant used to get his goods on credit,
after a series of credit transaction bill amounting
to 4,87,420.83/- was due for settlement to which the
defendant wasn’t paying the standing balance.
The case was in the court of SH DINESH BHATT, ADJ,
West Tis Hazari Court, Court no. 115. While at the
time of hearing Judge asked us to attach invoices of
the whole amount as earlier we just attached the
account ledger of the plaintiff which was attested by
Charter Accountant which showed the credit deficit
and sir argued that in many cases court has approved
account ledgers, but SH DINESH BHATT, ADJ sir still
suggested our council that for a strong case we
should attach original invoices of those recovery
amount as per commercial act which would eventually
save the time of the court.
Sir asked for next date so that he could attach the
invoices of the outstanding amount therefore next
date given to our council is of 27th July 2022.

DAY 17th: 23rd FEBRUARY

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Day 17th of our Internship, today a client came by our

office who runs a company by the name of Talwar
trading company which deals in lubricant oils/grease
and other related petroleum products which he
manufacturers/trade in the market. He asked sir that
one of his client from Gujarat has a huge due amount
pending towards him and at the time of payment his
client handed him cheque which later got dishonour
because of insufficiency he has asked several times
for the repayment of the said amount but he isn’t
willing to pay him, so he asked sir to draft a legal
notice for the amount due against his client.
Thereafter sir discussed all the facts with us and
made us draft a legal notice under section 138 R/W
section 142 of negotiable instrument act 1881.
Therefore, we drafted a notice stating that we have
call upon you the addressee through this legal notice
to pay the amount of Rs. 1,00,000/- to our client
towards part payment of the total outstanding of our
client detailed as above within a period of 15 days
from receipt of this notice, failing which our client
shall take the legal actions, civil as well as
criminal against you to recover the entire
outstanding amount at your costs, risks and
responsibilities.
A copy of this notice has been preserved in our
office for record and future course of action and you
are also liable to pay Rs. 5500/- towards the cost of
this legal notice to my client.

DAY 18th: 24th FEBRUARY

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Filing an application of territorial jurisdiction for

a case under Section 20 of Civil Procedure Code,
1908, we were told to study and examine the
abovementioned section for future references. 
Section 20: Other suits to be instituted where
defendants reside or cause of action arises.
Subject to the limitations aforesaid, every suit
shall be instituted in a Court within the local
limits of whose jurisdiction-
(a) the defendant, or each of the defendants where
there are more than one, at the time of the
commencement of the suit, actually and voluntarily
resides, or carries on business, or personally works
for gain; or
(b) any of the defendants, where there are more than
one, at the time of the commencement of the suit,
actually and voluntarily resides, or carries on
business, or personally works for gain, provided that
in such case either the leave of the Court is given,
or the defendants who do not reside, or carry on
business, or personally work for gain, as aforesaid,
acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
Jayant Jha vs. Manager Somna Collery, Bijuri, Anuppur
M.P. Case no. [40 of 2017]
The Plaintiff, who is the  Proprietor of Ritika
Enterprises, instituted a suit claiming recovery of
Rs.7,47,499/- by submitting interi alia that he
supplied spare parts of the machine described in
Plaint schedule-‘A’ to the Defendants i.e. Somna
Colliery, Bijuri, District Anuppur (M.P.). According
to the Plaintiff, the Defendants have failed to make
their payment despite the delivery of the alleged
materials, which led to the issuance of the Demand
Notice dated 16.09.2009. However, in spite of that,
the same was not paid; therefore, he has been

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constrained to institute the suit in the instant

nature instituted on 25.09.2010.
Judgement:
The court rely upon the principles laid down by the
Supreme Court in the matter of New Moga Transport Co.
through its Proprietor Krishan Lal Jhanwar vs. United
India Insurance Co. Ltd and others (4 SCC 677 : AIR
2004 SC 2154) which read as under “On a plain reading
of the Explanation to Section 20 CPC it is clear that
the Explanation consists of two parts: (i) before the
word “or” appearing between the words “office in
India” and the word “in respect of”, and (ii) the
other thereafter. The Explanation applies to a
defendant which is a corporation, which term would
include even a company. The first part of the
Explanation applies only to such corporation which
has its sole or principal office at a particular
place. In that event, the court within whose
jurisdiction the sole or principal office of the
company is situate will also have jurisdiction
inasmuch as even if the defendant may not actually be
carrying on business at that place, it will be deemed
to carry on business at that place because of the
fiction created by the Explanation. The latter part
of the Explanation takes care of a case where the
defendant does not have a sole office but has a
principal office at one place and has also a
subordinate office at another place. The expression
“at such place” appearing in the Explanation and the
word “or” which is disjunctive clearly suggest that
if the case falls within the latter part of the
Explanation it is not the court within whose
jurisdiction the principal office of the defendant is
situate but the court within whose jurisdiction it
has a subordinate office which alone has the
jurisdiction “in respect of any cause of action
arising at any place where it has also a subordinate
office.”

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The court said that the, after applying the aforesaid

principles to the case in hand where admittedly no
cause of action, either wholly or in part as provided
under clause (c) of Section 20 CPC arose in the Court
of Manendragarh, the Head Office of the Defendants,
and as the disputed spare parts of the machine
alleged to have been supplied to the Office of Somna
Colliery, Bijuri, District Anuppur (M.P.), the cause
of action has, therefore, arisen at the staid place,
which is beyond the territorial jurisdiction of the
Court below. In view of the said background, the
trial Court has not committed any illegality in
returning the Plaint in exercise of the powers under
Order 7 Rule 10 of CPC and I do not find any legal
infirmity in the same so as to call for any
interference in this appeal. 

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DAY 19th: 25th FEBRUARY

Day 19th in our firm as sir was preparing writ
petition for quashing of some F.I.R he said us to
study about PIL, to which we found that:

Introduction to PIL:
The expression ‘Public Interest Litigation’ has been
borrowed from American jurisprudence, where it was
designed to provide legal representation to
previously unrepresented groups like the poor, the
racial minorities, unorganized consumers, citizens
who were passionate about the environmental issues,
etc. Public interest Litigation (PIL) means
litigation filed in a court of law, for the
protection of “Public Interest”, such as Pollution,
Terrorism, Road safety, Constructional hazards etc.
Any matter where the interest of public at large is
affected can be redressed by filing a Public Interest
Litigation in a court of law. Public interest
litigation is not defined in any statute or in any
act. It has been interpreted by judges to consider
the intent of public at large.
Public interest litigation is the power given to the
public by courts through judicial activism. However,
the person filing the petition must prove to the
satisfaction of the court that the petition is being
filed for a public interest and not just as a
frivolous litigation by a busy body. The court can
itself take cognizance of the matter and proceed suo
motu or cases can commence on the petition of any
public spirited individual.
Evolution of PIL in India
The seeds of the concept of public interest
litigation were initially sown in India by Justice
Krishna Iyer, in 1976 in Mumbai Kamagar Sabha vs.
Abdul Thai. The first reported case of PIL
was Hussainara Khatoon vs. State of Bihar (1979) that

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focused on the inhuman conditions of prisons and

under trial prisoners that led to the release of more
than 40,000 under trial prisoners. Right to speedy
justice emerged as a basic fundamental right which
had been denied to these prisoners. The same set
pattern was adopted in subsequent cases.
In this case it was held that “any member of the
public or social action group acting bonafide can
invoke the Writ Jurisdiction of the High Courts
(under article 226) or the Supreme Court (under
Article 32) seeking redressal against violation of
legal or constitutional rights of persons who due to
social or economic or any other disability cannot
approach the Court.
The Supreme Court in Indian Banks’ Association,
Bombay & Ors. vs. M/s Devkala Consultancy Service and
Ors held that “In an appropriate case, where the
petitioner might have moved a court in her private
interest and for redressal of the personal grievance,
the court in furtherance of Public Interest may treat
it a necessity to enquire into the state of affairs
of the subject of litigation in the interest of
justice.” Thus, a private interest case can also be
treated as public interest case.
M.C Mehta vs. Union of India: In a Public Interest
Litigation brought against Ganga water pollution so
as to prevent any further pollution of Ganga water.
Supreme Court held that petitioner although not a
riparian owner is entitled to move the court for the
enforcement of statutory provisions, as he is the
person interested in protecting the lives of the
people who make use of Ganga water.
Who Can File a PIL and Against Whom:-
 Any citizen can file a public case by filing a
petition:

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 Under Art 32 of the Indian Constitution, in

the Supreme Court.
 Under Art 226 of the Indian Constitution, in
the High Court.
 Under sec. 133 of the Criminal Procedure
Code, in the Court of Magistrate.
However, the court must be satisfied that the Writ
petition fulfils some basic needs for PIL as the
letter is addressed by the aggrieved person, public
spirited individual and a social action group for the
enforcement of legal or Constitutional rights to any
person who are not able to approach the court for
redress.

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DAY 20th: 28th FEBRUARY

Today we took off from Internship due to some

personal work.

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