COURT DIARY INTERNSHIP REPORT University Of Dell FACULTY OF LAW LAW CENTRE - II NDER THE IDENCE AND SUPERVISION OF Vee peek Advocate On Record Supreme Court Of India ‘Submi . Associate Professor : ities grime Dr. Vageshwari Deswal See—**, Roll No = 1 Law Centre II, Faculty Of Law University Of DelhiDECLARATION ‘This declaration is made regarding the internship report which has been prepared and drafted by He #4 Siem under the supervision of Adv. V##** K*, Advocate On Record at Supreme Court Of India, Chamber No.2**, New Lawyers’ Chamber, Supreme Court of India, Delhi-110001 assigned during the internship. This work was done in respect of the partial fulfillment of the It contains the work accomplished during the internship which was requirement for the award of degree of LL.B. This internship report has not been submitted either in whole or in part to any other Law University or affiliated Institute under University of Delhi, recognized by the Bar Council of India for the award of any law degree or diploma within the territory of India, teeta gence Dated: 2017 Roll No -L*##**# Year-III, Semester- V Law Centre-II (Faculty Of law) University Of Delhi. lovember 21, 1[PageAt the outset, I would like to thank God for his blessings and benevolently granting me vigor and audacity to complete my internship successfully. Before submitting my detailed reporvdirary on internship, I find an opportunity to place on record my warm gratitude towards (Dr.) V.K.Ahuja Associate Professor In Charge Law Centre-II, University of Delhi, Assistant Prof. (Dr) Vageshwari Deswal our respected teachers to encourage us towards Intership and how to perform our duty under Intership. I would like to place my warm gratitude towards Adv, Ve K**** (4.0.R) under whom, I completed my intemship and I gained a detailed and useful experience for the purpose of Intemship as well as for profession of advocacy in near future. This is to express gratitude towards @ person who guided and motivated me throughout my internship period. It gives me immense pleasure to acknowledge my indebtedness and deep sense of gratitude and respect to Mn N***** A***** without whose constant guidance, this internship would have not been possible. Tam thankful to him for his invaluable teachings and advice given to me, for helping me in exploring and understanding the legal drafting preparation for cases and research methodology better Hittninee geeniins Place: New Delhi Dated: 21* November , 2017 2|Page‘The document attached herein are the true copy of the certificate received in lieu of the work undertaken during the course of my internship and the drafts prepared by me for the drafting purposes, Dated: November, 2017 3|PageRODUCTIO! Clinical education program for law students have been available for many years in some Indian Law Schools. The objective of such programs is to provide an understanding of the human , social , and policy contexts of law and legal practice. Internship fulfill an important component of both academic and practical education in law. The integration of professional experience into the learning process is highly effective in developing your understanding of the law in actions, as you are able to observe and perceive the relevance and application of theory to practice. Consequently, the program is not simply “work experience” but a significant educational experience. In a workspace setting you will be exposed to the reality of the practice of law in all its dimensions ~ the integration of different areas of law, policy issues; the application and development of skills to analysis and resolution of client concerms; ethical responses to situations which arises unexpectedly and spontaneously: issues of professional responsibility including responsibility to clients and case management; and the operation of the government and court system in the legal process. Since the inception of LL.B program at the Faculty Of Law-University Of Delhi , a practical experience component ic. internship has been part of the compulsory subject and thus of the LL.B degree. The Legal Internship Program is not designed to teach students how to be good lawyers (or how to be lawyers at all) it takes more than study at University to do that, The objectives are to © Expose you to the law in operation in contexts where you will come to perceive aspects of law which cannot be leamed from reading or hearing about it : © Allow you to perceive ways in which the formal learning you acquire at University may be applied in practice and thereof to develop an appreciation of the practical dimensions of legal principals; 4|Page© Enable you to relate the different areas of legal practice to the importance of developing the skills of legal research, communication, drafting, practice management and problem-solving ; and © Enable you to observe and reflect upon the values, ethical standards and conduct of the legal profession in practice and to develop your own attitudes of professional responsibility. The classroom study and practical training in the field of law is considered as two sides of coin. The legal profession is one of the professions which are considered incomplete without the practical training, An additional benefit of the internship program is that ot provides you with an opportunity to observe the way in which law operates in a practical milieu, and so may assist you in making future career choices: 5|PageDEX List Of Cases Page No. CB. VS. SH. R.S.GARG ABC Vs.XYZ CB. VS MAHESH KUMAR & ORS SANJAY SHARMA Vs. VOLTAS ANIL KUMAR VS. AJAY KUMAR AND ORS. 2 DALIT VS. RACHIT EXPORTS 13 NAVNEET RATHIVS. ATUL GARMENTS 1B AMIRCHAND VS. MANOHAR LAL 14 10. BALJIT SINGH VS. BALJEET SINGH 15 ul BALJEET SINGHVS.ASHOK KUMAR AND ANR, 16 12. MAHIPAL SHARMA VS BEENA SANWARIA 16 13. NAVEEN KUMAR JAIN -VS.AMIT CHAUHAN 17 14. SUNIL YADAV Vs. JAI KISHAN 18 STATE VS. SHATUN BEGUM & Ors 16. STATE VS. RINKU PAL SINGH & Ors 6|Page7 C.B.L Vs. M/s DWARKADHISH SPINNERS LIMITED etc. 2 28 STATE Vs. RAVI S/o SH.JAI SINGH 2 ‘As per our syllabus, I may classify this internship diary in to two components : 1. the factual and analytical information about your internship (2) drafting of legal documents, DAILY INTERNSHIP DUTIES: 1. I was assigned to read minimum of four case files to leam how files are maintained and how the records are maintained, I was assigned to observe the proceedings during the Examination-in- chief, Cross- Examination and Final Arguments Supporting the lawyers that come into the office and program, Sitting in on meetings and appointments and offering required assistance. Office type organizational work ~ photocopying, organizing papers, keeping files in order, organizing the desk. Reading any suggested law related materials for my own benefit. Helping clients if possible and if 1 am able to since I don’t know much about the field yet. Interacting to various lawyers in our office. Research on judgments that are related to facts of case. 7T\PageDATED: 17.08.2017 IN THE COURT OF ARUN BHARADWAJ, SPECIAL JUDGE (PC ACT) : CBI-5, PATIALA HOUSE COURT, NEW DELHI IN THE MATTER OF, CBs vs. SH.R.S.GARG Ld, counsel for A-1 has heavily relied on the judgment titled as “A K Ganju versus CBI, CRL.M.C, No.2384/2011 & Cri. M. A. No.8693/2011 dated 22.11.2013 passed by Hon'ble Delhi Court as well as judgment titled as “Rita Handa v CBI, 2008 (105) DRJ 331 of Hon'ble Delhi Court. He has further argued that there is no evidence of conspiracy and A-1 had done duties as per DMC Act. ECTIONS INVOLVED: Delhi Municipal Corporation Act. OBSERVATION: My senior counsel have pointed out from Para no.16.48 of the chargesheet that specimen handwritings, signatures/initials of owners Sh. R. S. Garg, Sh. Rajiv Dhiman and two staff’ members and some builders were obtained which have been sent to CBI for comparison with original questioned documents and report is still awaited. Directions be sent to the laboratory to expedite the report. ORDER(UDGMENT: PENDING NEXT DATE OF HEARING: 03.10.2017 B|PageENTRY NO 2. DAT ED: 18.08.2017 I was assigned to observe the counseling the clients with the permission of counsel in at least two cases. However before this | wish to mention here that client interview and counseling was also done by the Ld. Judge, in Matrimonial dispute which is pending before the Family court. However as per direction, | observed the interview and counseling of two clients in two different cases namely Vipin Tyagi and Roopa Tyagin in case titled as Vipin Tyagi And Roop ‘Tyagi and Hari Om Sharma and Santan Dharam Sabha Vs K C Bhargwa. DATED: 19.08.2017 IN THE COURT OF ANU GROVAR BALIGA, ADJ, PATIALA HOUSE COURT, DELHI IN THE MATTER OF: ABC VERSUS XYZ SECTION INVOLVE! Claim w/s 96 of CPC,1908. OBSERVATION: The decree has been passed in the favour of the client so the opposite party of my s filed the appeal against the decree. ‘The proxy counsel on behalf of my senior requested the court to give time to file the reply to appeal and also the proxy counsel filed vakalatnama, 9|PageNOW THE MATTER IS FIXED FOR 09.11.2017 ENTRY NO.4 DATED : 22 .08.2017 I was sent to meet a client to get the property transferred from the name of her grandmother to my clients name via a Will mentioning the details as to the property which was being ed. The process was not completed due to not having the sufficient documents at ENTRYNO.5 DATED: 24.08.2017 IN THE COURT OF SH. SUNIL KUMAR, MM , TIS HAZARI COURTS, DELHI IN THE MATTER OF: CBI vs MAHESH KUMAR AND Ors OBSERVATIO! Reply to the application seeking permi abroad filed by applicant / ace awaited from CBI. Let reply, if any, be filed on 26.08.2017 at 2 pm. ORDER/JUDGMENT: Let reply, if any, be filed on 26.08.2017 at 2 pm. NEXT DATE OF HEARI 3: 26.08.2017 1o|PageDATE 26/08/2017 ‘Was assigned res arch on the topic: Whether a writ is maintainable under article 32. without going through for the same relief in concerned High Court under article 226. Assigned the task of briefing of the paper book for the matter titled Tanya Banon Danami Vs. Shome Nikhil Danami and Ors. DATED: 28.08.2017 cL NT COMPROMISE, IN THE DISTRICT CONSUMER FORUM, SAINI ENCLAVE SANJAY SHARMA V. VOLTAS OBSERVATIO! Handed over the chequeof 15.5000 to the complainant after settlement and matter was listed for Lok Adalat, ENTRYNOS DATED: 29.08.2017 IN THE COURT OF ANIL KUMAR SISODIA, ADJ, TIS HAZARI COURT, DELHI IN THE MATTER OF: ANIL KUMAR DHINGRA AJAY KUMAR AND ORS. li|PageOBSERVATIO! Claim for specific performance, Permanent injunction and declaration. My senior was appearing for the plaintiff. The adjournment was granted and next date was fixed for further arguments. JUDGMENT/ORDER: PENDING EXT DATE OF HEARING: 17.10.2017 ENTRY No.9 DATED: 31.08.2017 IN THE COURT OF RAJ KUMAR, ADJ, TIS HAZARI, NEW DELHI IN THE MATTER OF: DALNT V. RACHIT EXPORTS, OBSERVATION Recovery of money amounted 1 1,80,000. ORDER/JUDGMENT: PENDING NEXT DATE OF HEARING: 26.05.2017 ENTRYN DATED: 01.09.2017 IN THE COURT OFANURAG JAI ADJ, KARKADOOMA COURT, DELHI IN THE MATTER OF: NAVN ‘T RATHI VS. ATULGARMENTS 12|PageSECTIONS INVOLVED: Application Under Order 9, Rule 9 CPC, 1908 Suit for Recovery of money amounted 13,13,107. OBSERVATION: Appearing on behalf of the plaintiff. Service of Notice affected to D., D; and for D, Direction for issue of fresh notice was given ORDER/JUDGMENT: PENDING N.D.O.H.: 26.09.2017 ENTRY NO. 11 DATED: 01.09.2017 IN THE COURT OF SH. VK. JAIN, CJ, TIS HAZARI COURT, DELHI IN THE MATTER OF: AMIRCHAND vs. MANOHAR LAL SECTION INVOLVED: Suit for permanent injunction. COURT OBSERVATION: cross examination was to be held but the plaintiff offered the compensation in case. The matter was adjourned for a further date. JUDGMENT/ORDER: PENDING NEXT DATE OF HEARING: 27.10.2017 ENTRY NO, 12. DATED ; 04.09.2017 13 | Pageissociates on drafting a counter affidavit of the pre-emption petition titled Suresh Prasad and others versus State of Bihar CWW.1.C No. 2398/2004 ENTRY NO. 13 DATED : 06.09.2017 ‘The dratting of the case was still needed to be done. Went to meet a client as well with the associate and heard about the issue in the matter. Later on, discussed the case law and the various charges to be framed under IPC, started drafting work of the pending case law. Also I was instructed to draft an anticipatory bail in the same matter. DATED: 07.09.2017 IN THE COURT OF SUDESH KUMAR SETHI, CJ ,KARKADOOMA COURT, DELHI IN THE MATTER OF: BALIJIT SINGH Vs. BALJEET SINGH SECTION INVOLVED: SUIT FOR RECOVERY OF MONEY GENERAL OBSERVATION: SUIT FOR RECOVERY OF RS. 1,67,000. Prosecution witness was present, Brought the original airway bill, His statement was recorded and discharged. DATED: 16.09.2017 14|PageFAMILY COURT, SAKET, DELHI IN THE MATTER OF) NISHA SHARMA VERSUS ANUPAM SHARMA OBSERVATION: My senior counsel was representing Nisha Sharma, The defendant paid the cheque of Rs.2000 to the appellant for the cost imposed upon the defendant by the Honourable court. ORDER(JUDGMENT: PENDING NOW THE MATTER IS FIXED FOR 906.2017. ENTRY NO. 16 DATED: 18.09.2017 IN THE COURT OF HARISH KUMAR,TIS HAZARI COURT, DELHI IN THE MATTER OF, BALJEET SINGH VERSUS ASHOK KUMAR AND ANR. COURT OBSERVATION: Suit for recovery of amount Rs. 10,00,000. The defendant was called to appear before the court with his bill books. The defendant was admitted in hospital so he could not appear. STATUS: PENDING. N.D.O.H. ENTRY NO.17, 10.2017 15|PageDATED: 22.09.2017 IN THE COURT OF PRINCIPAL JUDGE , FAMILY COURT, DELHI MAHIPAL SHARMA ..... PETITIONER NO.1 Vs. BEENA SANWARIA....... PETITIONER NO.2 BRIEF FACTS OF THE CASE: Divorce petition ws 13B(1) of HMA. OBSERVATION: Only a petition was filed. Court gave order to wait for a mandatory period of 6-18 months. ORDER/JUDGMENT: PENDING DATED: 23.09.2017 Assigned a work of translation of a order of District Magistrate regarding the restriction and checks in the cases of illegal sand mining in Gonda district of Uttar Pradesh ‘Was assigned to make notes on Epistolary Jurisdiction exercised by the Hon’ble Courts, The task took around first half under which I had studied various Case laws and theories of eminent legal personalities. Read the Article 226 and Article 32 for the purpose and done with the notes on Public Interest Litigation and the exercised of appellate courts over subordinate courts. DATED : 03.10.2017 16 | PageIN THE COURT OF MS. ROSHNI GUPTA, M.M., TIS HAZARI COURTS, DELHI IN THE MATTER OF: NAVEEN KUMAR JAIN COMPLAINANT VERSUS AMIT CHAUHAN .-RESPONDENTS SECTION INVOLVED: U/S 200 OF CR.P.C.RW 155(4) CPC. OBSERVATIO! Jaint was filed for adultery against the accused. The arguments have been addressed, The compl by the counsels of complainant and respondent. ORDER/JUDGMENT: PENDING NOW THE MATTER IS FIXED FOR 10.08.2017. ENTRY NO. 20 DATED: 23.09.2017 NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, Delhi In the matter of : SUNIL YADAV V. JAI KISHAN Observation: Matter involving recovery of money and damage for the faulty product sold to our client, Further date was given for the hearing as our counsel was not able to reach on time. I was asked by my counsel to go to the court room and ask for the matter to be listed last that day. The honorable judge did not agree. DATED:03.10.2017 17|Page‘Was sent to the High court for filing activity of the suit at hand and to get the service copies of another case file done on the same day. Was made to draft a legal notice on behalf of our client to get the money for the products delivered which the other party had not paid. ENTRY NO. 22 DATED:06.10.2017 Assigned a work to study a file titled Monika Singh versus State of Bihar Cr. Mise. 26599 of 2015 for drafting a special leave petition before the Hon”ble Supreme Court ENTRY NO. 23 DATED:07.10.2017 Assigned to darft a legal notice to a Management of Hotel named Hotel Sea Princess, Mumbai for adopting appropriate measures to recover stolen ipad during the stay of the ient. DATED:09,10.2017 SC No. 112/17 FIR No. 02/2017 PS Vasant Kunj (N) State v. Shahtun Begum & Ors. 09.10.2017 Present: Sh. Kamal Akhtar, Ld. Addl. PP for the State. Both accused produced from JC. Sh. MK Perwez, Ld. Counsel for the accused. PWe6 Ss Israr_ Babu, Nodal Ot erossexamination. He is present and has been duly cr mined and he now stands discharged.Prosecution ha also summoned ASI Dharampal and Ct. Kanta for today but both of these witnesses have not appeared. W/Ct, Kanta is reported to be unwell, As regards ASI er was bound down for today for his 18|PageDharmampal, summons sent to him have been returned back unserved with report that he is remaining absent from duty. No other PW is present today. This case will now be taken up on 24.10.2017 for remaining PE, the date already fixed. (Anu Grover Baliga) ASJ/FTC/Court No.7/PHC Lockup Building/09,10.2017 DATED: 09.10.2017 + Continued the process of drafting the petition. Was assigned the task to research for ease Jaws on grounds for quashing of FIR. Was assigned the task to draft a Writ Petition for quashing of F.LR. No. 54/2012 under section 482 in the matter titled Sarabjit Singh vs. State. DATED : 11.10.2017 SC No. 110/2017 FIR No. 1004/2015 PS Vasant Kunj (N) State y. Rinku Pal Singh & Ors. Present:Sh, Kamal Akhtar, Ld. Addl. PP for the State.All four accused are present on bail wit h Ms, Nisha, Ld. Proxy counsel for accused persons, Ms. Purnima, Ld. Counsel from DCW. Today a report has been filed on behalf of SI Sandeep from PS Vasant Kunj (N)giving therein the fresh address of the prosecutrix and a report that she has been served. Theprosecutrix is al so present in the court. She has been examined as PW1, However she is not beingcross exami 19|Pagened by the accused persons on the ground that their counsel is not available today. Ld. Proxy Counsel Ms. Nisha has informed this court that infact the accused persons had taken a way the brief from the Ld. Counsel Sh. Anoop Gupta and told him that they will be engaging another counsel and it is only today that they have told him that they would want him to represent them again It being further submitted that Sh. Anoop Gupta is not available today as he is busy in Tis Haza ri Court. In the considered opinion of this court though Ms, Nisha is ounsel Sh. Anoop Gupta cannot be © to pay cost to the prosecutrix as it is their fault that the prosecutrix is not being cross examined today Accordingly, each of the accused persons will pay a cost of Rs. 5000/- to the prosecutrix and she is ‘now bound down for her crossexamination on 06.12.2017- the date has been given specifically as per the request of the prosecutrix who states that she is working and has a job in Gurgaon and tha titis not possible for her to take leave frequently and that she will be now available only on 06.12. 2017. Itis made clear that on this date, the cost imposed on the accused persons will be paid to the pros coutrix by them correctly submitting that the Ld. ¢ Ited with for not being available, the accused persons will hav (Anu Grover Baliga) ASJ/FTC/Court No.7/PHC Lockup Building/11.10.2017 ENTRY NO. 27 DATED: 12.10.2017 CC No. 05/14 RC No. BDI/2009/E0008/BS & FC/New Delhi CBI Vs. M/s Dwarkadhish Spinners Limited ete. 13.04.2017 Present: Sh. K.P. Singh, leamed PP for CBI. Proceedings against A- R.K. Murgai have already been abated. A-7 P.K. Dutta, A-9 Ravi Prakash, A-10 S.K. Sharma and A-I 1 M.C Sethi have already been discharged. A-1 H.B. Chaturvedi and A-6 Bikash Basu @ B. Basu on bail are absent. Remaining accused i.e. Amit Chaturvedi, Sanjay Chaturvedi and Pravin Juneja are present on bail. Accused no.5 M/s Dwarkadhish Spinners Ltd. is represented by accused no.2. Sh. Pradeep Singh, Advocate for A-I HB. Chaturvedi, A-2 Amit Chaturvedi, A-3 Sanjay Chaturvedi and A-5 M/s Dwarkadhish Spinners Limited. Sh. Aman Kocha Advocate for A-4 Pravin Juenja, Sh. Dharmender Kumar Verma, Advocate for A-6 Bikash Basu. 20|PageMatter is fixed for recording of evidence of the prosecution today. Applications have been moved on behalf of A-I H.B, Chaturvedi and A-6 Bikash Basu @ B. Basu seeking exemption from personal appearance on the ground of ailments, It is further stated that there is no objection to recording of evidence in their absence and no dispute regarding their ide be raised. Heard, Exemptions are allowed on the said statements, Sh. Kapil Aggarw partly examined in chief as PW4. His further examination in chief is deferred as certain documents are not traceable. He is bound down for 27.04.2017. PW Sushil Kumar Jain unserved with the report that he was tenant and has left the premises 5 to 6 years ago. List the matter for RPE on 24.04.2017, the date already fixed and for cross-examination of PW4 on 27.04.2017, ty will (REETESH SINGH) Special Judge (PC Act): CBI-05 New Delhi : 12.10.2017 ENTRY NO. 28 DATED:12.10.2017 + Was assigned the task to draft a Writ Petition for quashing of FR. No. 54/2012 under section 482 in the matter titled Sarabjit Singh vs. State. Was assigned the task to research on the topic of renewal of lapsed patent due to nonpaymentof fee, under the Patents Act, 1970 Continued the task to research on the topic “What con: under the Copyright Act, 1957”, pertaining to a specifi es a publication of anartwork sue at hand in arelated matter. DATED: 23.10.2017 IN THE COURT OF MS. ANU GROVER BALIGA ADDITIONAL SESSIONS JUDGE/SPL. FAST TRACK COURT PATIALA HOUSE COURT/NEW DELHI SC No.9168/2016 FIR No. 304/2014 PS Inderpuri Us. 323/376/506 IPC State Vs. Ravi S/o. Sh. Jai Singh Rio. H. No. N250, JJ Colony, 21|PageRaghubir Nagar, Delhi. Date of Institution — 15.11.2014 Date of Committal — 11.02.2015 Arguments heard/Order reserved — 23.10.2017 Date of judgment — 23.10.2017 Final order — Acquittal JUDGEMENT 1.The accused has been facing trial in the present ease for having committed the offences punishable U/s, 323/376(2)(n)/506 of Indian Penal Code (hereinafter referred to as IPC). 2. The changes sent case were framed on the complaint of the prosecutrix that the aceused been repeatedly raping her we, 13.11.2013 to June, 2014 on the promise of marrying her but that eventually he had refused to marry her and that he had also criminally intimidated her. However, when the prosecutrix had appeared for her deposition in court on 15.04.2015, she stated before the court that she had lodged a complaint out of anger and due to some misunderstanding and that she has now already got married with the accused = on 03.10.2014. and —ssince. then hk been residing with the accused in her inlaws house happily. 3. The case was today fixed for recording of statement of accused under section 313. CrPC however, Ld. Defence ounsel has. —=—sprayed = thatthe recording of the said statement be dispensed with, for the prosecutrix has tumed hostile in this case and according to him, no fruitful purpose would be served in continuing with this trial any further. 4.0n the other hand, Ld. Addl. PP for the State has pointed out that the prosecutrix in her cross examination by Ld, Addl. PP for the state has reiterated some allegations which were initially made by her in her police complaint. 5.In rebuttal, it is submitted by the Ld, Defence counsel that if the cross examination of the Ld. PP for the State is being read, then the cross examination conducted by the defence should also be read and his submission is that if the evidence of the prosecutrix is read in entirety, it will be clear that she has not made out any allegation which makes out the offence of rape against the accused. It is further being submitted that the prosecutrix. and accused are already married and are leading a happy married life and therefore it is being prayed that the trail be not continued any further. 6 No doubt as pointed out by the Ld. PP in the crossexamination conducted by the then Ld. PP the prosecutrix has deposed that she had not wanted to have sexual relationship with the accused prior to marriage but since the accused insisted on the same, she was forced to have physical relationship with him prior to marriage. However, it is to be noted that the prosecutrix in her crossexamination by the defence has again reiterated 22|Pagethat she was having a consensual love affair with the accused and during the said affair she had even kept the karva chauth fast and other religious rituals and had started treated the accused as her husband. She has also admitted that on 1- 2 occasions physical relations were established between her and the accused prior to their marriage and she had not made any complaint then and had chosen to make the complaint only when the accused had refused to marry her. In the considered opinion of this court, in view of the such statements given by the prosecutrix, the accused cannot be at all convicted for the offence of rape or of criminal intimidation (it is relevant to mention that as regards the offence of criminal intimidation neither in her chief nor in her crossexamination has the prosecutrix uttered a word that she was ever threatened by the accused). 7. In the considered opinion of this court and in view of the faet that the prosecutrix has turned hostile and now both the prosecutrix and the accused are married, no fruitful purpose would be served with continuing the trial of this case any further. As such, the recording of the statement of accused U/s. 313 CrPC. is hereby dispensed with and at this stage itself, the accused hereby stands acquitted for the offences for which he has faced trial. Announced in Open Court On 23rd of October, 2017 (Anu Grover Bal Court No.7, Lock UP Building ASJ/ FTC / PHC / NDD New Delhi (23.10.2017 EXPERIENCE DURING THE INTERNSHII The District Court in reality is different from the court generally shown in the Movies. In movies the job of lawyer The s more similar to a detective which is a far ery from the reality. job of a lawyer is only to assist a party in a suit regarding the pro dings and appear before Judge on his behalf, Every lawyer maintains a court diary, which proved handy and very usefull as all the details of the case are entered in the diary with proper date and its petition number. It proves to be useful, as respective cases are recorded by the lawyer date wise and it time to think and search of the cases as per the present date. During my intemship, 1 23|PageJeamed to maintain the lawyer's diary. It was a learning experience as Juniors take one year for learning the court proceedings which I could learn during the period of intemship. ‘Though one month was not sufficient but it was enough to learn about the basis. Basies can be learned only in trial court. I have learned the basics of drafting. I could get to know about Fast Track Court and LokAdalat which is an emerging concept. I really tried hard to leam. It was adventurous for me as everything was unpredictable, Every client comes with a new case, new s tion, a new problem and which doesn’t have any perfect answer. I also experienced the expressions and thoughts of the Hon'ble Judges. When they are in good mood, they will tell you how to do the things correctly but if not then they will scold you for the simple mistakes you have done. About advocates I experiences that it is not easy to work as an advocate, it requires a lot of dedication and hard work, only then you can achieve and most importantly social recognition. In the office I learned all the official work, filing Talwana, Vakalatnama etc. All these documents are very important and an advocate must know how to fill them and use them, Talwana is ied for many things such as for issuing attach warrant, issuing notices etc Talso leamed that it is very important to be always reading cases and new enactments, keep yourself always sound minded, and while dealing with a case read the facts of the case very carefully and try to find all the loopholes and then use them in your favor, also while cross questioning with the witness never allow hinv/her to be confident ask them twisted questions so that they become nervous and are not able to answer properly. 24|PagePART- II DRAFTED DOCUMENTS DOCUMENT 1, BEFORE THE HON'BLE COURT OF SH. ARUN KUMAR ARYA: PRESIDING OFFICER-FAMILY COURT, PATIALA HOUSE COURT, NEW DELHI 25|PageHMA CASE NO.354/2016 IN THE MATTER OF: - SHEREEN -- PETITIONER VERSUS RISHANT JAIN .. RESPONDENT APPLICATION ON BEHALF OF THE RESPOND! N15 VI I DIRECTION TO THE PETITIONER IN VIEW OF ORDER DATED 10.08.2016 FOR HANDING OVER THE CHILDREN FOR CELEBRATION OF THE BIRTHDAY OF CHILD i.e Master VIVAAN ON 15.05.2017. MOST RESPECTFULLY SHOWETH: - 1. That the Petitioner had instituted petition under section 13(1)()(a) of Hindu Marriage Act alleging various acts of cruelty on her by the Respondent. 26|PageThat upon issuance of summons of this Hon'ble Court the Respondent put in his appearance on 10.08.2016 before this Hon'ble Court and filed his written statement. That the Petitioner and Respondent got wedded as per Hindu Rites and Customs on 05.12.2002 in AryaSamajMandir at VasantKunj, New Delhi and from the said marriage wedlock two children is born on 22.07.2005 and 05.05.2011 named Shreya Jain and Vivank J respectively. That dispute between the parties arose on 04.08.2015 and the Petitioner left with her parents and admittedly both the children are residing with the Petitioner since then at the parental home of the Petitioner. It is further admitted fact during the period from 04.08.2015 the Respondent regularly meeting with his children and even going out of station with children. That the basic dispute between the parties relates to one Mr. ManasArora who is maligning the mind of the Petitioner resultantly the relation between the Petitioner and Respondent got strained and the same reached to this stage that parties are before this Hon'ble Court. That the Respondent forced to institute a petition under section 497 and other section of Indian Penal Code against the accused Manas Arora who has made dangerous efforts to spoil the relation between the Petitioner and the 27|PageRespondent and succeeded to a great extent. The Hon'ble Court of Sh. Naresh Kumar Laka passed following orders on the complaint of the Respondent which reads as under: - 28|Page Submissions heard, Let status be called from concerned SHO on the complaint in terms of judgment of Hon'ble Supreme Court in the case of LalitaKumari Versus State. Another application seeking preservation/seizure of call details of mobile numbers ic. 9654600372, 9711412821 & 9910072158 has been filed. It is stated that this application is very urgent. Accordingly, arguments heard. As the allegations of the adultery have been leveled in the present case, I am of the opinion that if no direction is given to preserve/seize the call details, the complainant May lose the valuable piece of the evidence. It is also the general practice that such call details are not provided to the individual private person. The application is seeking registration of FIR may take sufficient time as it requires calling of status report from SHO. Accordingly application seeking preservation/seizure of call details is allowed with the condition that Complainant will file relevant details of the concemed service provider alongwith PF. On filing of the same, copy of this order and copy of application be sent to the concemed service providers with the direction to preserve the call details of theabove mentioned respective mobile number for the period as mentioned in the application with Tower location and IMEI number. That due to constant intervention of the accused ManasArora the Petitioner is acting on his ill advice and not permitting the Respondent to even meet his children which is giving immense pain and torture. The Petitioner even not hesitating in violating the order dated 10.08.2016 as passed by this Hon'ble Court, That an application has already been moved in this regard by the Respondent and same is pending subjudice before the Hon'ble Court for adjudication 7. That through the earlier application the Petitioner had sought various prayers related to regular meeting and comfortable interaction with his children hence the prayer and relief sought from this Hon'ble Court through the earlier application are not reproduced in this application in order to avoid multiplicity of pleading and same be read as part and parcel to this application as well 8. That since last more than five months the Respondent is unable to live and celebrate with his children any of the festival and occasion. It is submitted that on 5.05.2015 the child of the respondent named Master vivaan have birthday and the respondent want to celebrate this auspicious occasion with his children. It is further submitting that the respondent wants to take the children out of station for celebrating his birthday. It is further submitting that the on 04.05.2015 have Friday and on 05.05.2015 have Saturday. The respondent 29|Pagewants to take the children out of station for celebrating the birthday on the Friday after attending the school by the children. It is further submitting that respondent want to take the children on Friday afier attending the school by which children will not lose their study and after it have Saturday on whieh school will remain closed. It is further submitted that the birthday of the children are very auspicious occasion for the father and every father wants to celebrate and enjoy this occasion with their children. It is further submitting that without the presence of the children the respondent has no meaning for that day. It is further submitting that the after celebrating the birthday the respondent will hand over the children to the petitioner on 06.05.2017. The respondent is seeking the permission to take his children for celebrating the birthday of the child from this Hon’ble court and standing before this Hon’ble for his folded hand, the Hon'ble court may grant the permission to the 2017 to 06.05.2017. n for the custody of the respondent to take the children for three day i.e 0: 9. That the respondent has already filed the applic: children U/s section 26 of H.M.A which is pending for the disposal. PRAYER: - It is, therefore, most respectfully prayed before this Hon'ble Court that Petitioner be directed to hand over the children for three days from 04.05.2017 till 06.05.2017 to celebrate the birthday of the child named MaasterVivaanand the Respondent undertakes that he will hand over the children in the evening on 05.05.2017. It is prayed accordingly. 30|PagePLACE: - DELHI. DATED: - NT 2. 31|Page RESPONDENT. (RISHANT JAIN) THROUGH (Vetere Keeney ADVOCATE ON RECORD. SUP! COURT OF INDIA NEW LAWYERS CHAMBER NO.2** M.C.SHITALVAD BLOCK, SUPREME COURT OF INDIA, NEW DELHI -110001 TEL 0120-26444, 25+ee#+ MNO, HEHE,BEORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI (ORIGINAL JURISDICTION) CO.PETITION 553/2016 IN THE MATTER OF: MIS CLASSIC SWITCHGEAR & CONTROL PVT.LID : PETITIONER VERSUS M/S VXL REALTORS PVT. LTD & ORS. RESPONDENTS APPLICATION UND! ION FF THE COMPANIES ACT, 1 APPOINTMENT OF OFFICIAL LIQUIDATOR. MOST RESPECTFULLY SHOWETH: The petitioner is into the business of manufacturing, assembling and marketing of electrical products and had preferred the present petition for winding up of the Respondent company. ‘That the respondent no.2 and 3 directors of respondent no. and are engaged into the business of construction of turnkey projects and are responsible for the decisions of respondent no. | That the espondent no.1 through respondent no.2 and 3 approached petitioner company for supply of one main LT Panel for their project Eastern Heights, Nyay 32| Page6. Khand-IIL, Indrapuram, Ghaziabad, U.P and also approached for supply of AMF Panel for 250 KVA D.G a Eastern Gates, GH-3, cctor-4G, Vasundhara, Ghaziabad through two purchase orders having purchase orders no. WXL/EG/2012/0031 & VXL/EG/2012/0031 both dated 24.05.2012 and 16.05.2012 respectively and said purchase order also received through email dated 17.05.2012 and 24.05.2012. That against the said purchase order the petitioner supplied the same through Invoice no, 005 dated 04.06.2015 for a sum of Rs. 2,27,000,00 and through invoice no. 009 dated 05.07.2012 for a sum of Rs. 12,62,550.00 and both stand supplied to the satisfaction of the respondents and VAT dues stand paid by the petitioner and even same is utilized by the respondents. The against the said supply of goods the respondent made part payment from time to time and lastly paid on 20.05.2016 thereby part payment made of Rs. 8, 27,000.00 out of the total liability of Rs, 14, 89,550.00 and the respondents are under the liability for sum of Rs, 6,62,550.00/- in favour of the petitioner company. That the petitioner company sent remainders to the respondents for making payment of balance outstanding through email dated 02.02.2013 and 26.02.2013. ‘That the last payment of Rs. 47,000.00 was paid when the respondents were served with personal notice dated 02.03.2013. after it the petitioner again sent many remainders but they had not responded, hence the respondents were served with the notice on 02.06.2014 through the speed post on 04.06.2014 and asked for the payment for the said outstanding amount of Rs. 6,62,550.00/- That having no option, the petitioner company has finally sent a legal notice as per the statutory requirement of companies act, 1956 on 23.04.2016 calling upon the respondents to make the payment to the tune of Rs, 13, $8,125.00/- whieh is inclusive 33| Page10, ul 12 of interest of Rs. 6, 95.625.00/- along with principal outstanding of Rs. 6, 62,625.00/- along with principal outstanding of Rs. 6, 62.550.00/- within 21 days from the receipt of notice on all the available addresses of the respondents. The said legal notice also tried to serve on the Email-ID of the respondents company but same got failed. That as per the statement of ledger account, a sum of Rs. 13,58,125.00/- inclusive of Rs. 6,62,550.00/- towards principal and interest thereon of Rs. 6,95,625.00/- calculated till 20.04.2016 @ 3% per month is due to respondent company which is unpaid till date. The respondent no.1 company has failed, neglected and refused to pay the said sum of Rs. 13,58,125.00/- or any portion thereof. Hence the petitioner filed the present suit, The Hon’ble court passed the interim order in favour of pet joner vides order dated 27.09.2016. The petitioner is always obliged for kindness act of the Hon’ble court for passing the interim order in the favour of the petitioner That the petitioner is praying for appointing the official liquidator (© take the proceeding qua the respondents. This application is bona fide and for the ends of just PRAYER :- The Petitioner Company, therefore, most humbly prays Your Lordships for the following orders: a) b) 34) P ‘That the Hon’ble court may appoint the proper person as official liquidator to take the charge of the business affairs and a 's of the respondent company with all the necessary powers under the companies Act, 1956. That the Hon’ble may give direction to attach the moveable and Immovable assets of the respondent company. age3 That pending the hearing and final disposal of this petition, the Official Liquidator attached to this Hon"ble Court or some other fit and proper person to be appointed as Provisional Liquidator of the said Company to take charge immediately of the business affairs and assets of the said Company with all powers under the Companies Act, 1956. 4) Costs of and incidental to this application be paid by the Official Liquidator to the Petitioner Company at the first instance out of the sale proceeds of the assets and properties of the said Company; fs as in the nature and circumstances of this case 9 For such further and other reli this Hon’ble Court may deem fit and proper. ‘And your petitioner as in duty bound shall ever pray. DATED: FILED THROUGH NEW DELHI (Vitti Kitty ADVOCATE ON RECORD SUPREME COURT OF INDIA NEW LAWYERS CHAMBER NO.2** M.C.SHITALVAD BLOCK, SUPREME COURT OF INDIA, NEW DELHI -110001 TEL 0120-2+#4#*#*, 25eee* MNO, gett 35|Page