Professional Documents
Culture Documents
BY RAISHA ROUT
8th SEM
BBA/LLB (HONS )
1
INTERNSHIP FINAL REPORT
“ INTERNSHIP 2022”
SRN : R18BL033
SIGNATURE : SIGNATURE :
STUDENT INTERNSHIP INCHARGE
2
INTERNSHIP FINAL REPORT
INDEX
SN CONTENT
1. Cover page
2 Internship diary
3 Internship Report
4 Introduction to the Organisation
5 Findings
§ Personal learning from internship
§ Skills accomplished
§ Details of areas ,sectors ,branches and field of works
§ Constraints encountered in the internship programme
3
INTERNSHIP FINAL REPORT
ACKNOWLEDGEMENT
Raisha Rout
R18BL033
4
INTERNSHIP FINAL REPORT
CERTIFICATE
5
INTERNSHIP FINAL REPORT
DECLARATION
I, RAISHA ROUT , student of 4th year BBA LLB (Hons.) programme have interned in
OFFICE OF SIDDHARTHA SAMAL, CUTTACK ORISSA from 1ST JULY 2022 to 31ST
July 2022 during the academic year 2021-22.
This internship diary and report is submitted in partial fulfilment of BBA,LL.B programme in
accordance with the Bar Council Rules IV (Rules on Legal Education 2008).
Name:
6
INTERNSHIP FINAL REPORT
SRN: …….R18BL033…………..
1st July 2022 I was introduced at the firm and was described
about my general day to day work at the internship
2nd July 2022 General overview of chamber’s library
3rd July 2022 Drafting work /read and analysed section 438
CrPC and section 294,323,354-A ,506 of IPC
7
INTERNSHIP FINAL REPORT
5th July 2022 Read more onto the case and analysed the drafting
format
6th July 2022 Study on information technology act -Section 66
and 67
7th July 2022 Research work on the upcoming case
8th July 2022
Drafting work for upcoming case
9th July 2022 Continued the drafting work
10th July 2022 Court visit in the matter of Rakesh Jaiswal versus
state of Odisha
17th July 2022 Read Article 226 and 227 of Constitution of India
18th July 2022 Referred few case files
19th July 2022 Observed the process of filling anticipatory bail.
20th July 2022 Court visit in the matter of sarbeswar sahu versus
State of Odisha
21st July 2022 Analysed the above mentioned case
8
INTERNSHIP FINAL REPORT
25th July 2022 Court visit :Minu goswami versus Deepak goswami
---------------------------------------------------
9
INTERNSHIP FINAL REPORT
The office has professional experience in writ, Civil, Criminal, Negotiable Instrument,
Arbitration Execution, consumer protection laws, corporate laws etc.. Mr. Samal who heads of
the office is a seasoned and highly regarded Advocate and enjoys excellent command in
appearing before various Courts, strategizing litigation cases and providing exhaustive
litigation strategic advice, pleadings, supervising cutting edge research work, case preparation,
planning optimum and result oriented procedures to be followed in each and every case.
Mr. Samal leads a team of well qualified advocates to coordinate clients and a wide range of
case in the different forums in different districts of Odisha like Cuttack, Khurda (including
Bhubaneswar), Puri, Dhenkanal etc. Being an established advocate in Cuttack he is well
connected with different litigation chambers in different districts of Odisha for coordination to
ensure relief.
Expertise
10
INTERNSHIP FINAL REPORT
High Court
• Writ (Tender, Mines, Education, Electricity, Service, Eviction & Demolition, govt.
permission and license, cooperative society, Labour Industrial, MSME, general civil
matters) counters and drafting of rejoinders, stay and status quo petition.
• Criminal (Jail Criminal Appeal, Revision, Criminal Misc cases, Anticipatory bail,
Regular bail, suspension of sentence),
• Civil (Regular Second Appeal, Regular First Appeal, Civil Misc Petition) and drafting
of counters.
• Motor Vehicle Claim Appeal
Lower Courts
• Civil suit: Plaint, Written statement, Limitation petition, exemption petition, Time
petition, injunction, status quo.
• Criminal cases: NI Act matters (drafting of Demand notice Complaint petition, Initial
statement u/s 145 NI Act, Evidence on affidavit, counter rebuttals, dispensing petition,
representation petition) Vigilance case under PC Act, bail bond, regular/anticipatory
bail
• NCLT : drafting of Application for initiation of Insolvency process. Drafting of
progress report.
• CONSUMER FORUMS :Drafting of Consumer Complaint and Objection, Consumer
Appeal and Objection.
• DRT :Drafting of Original application, other Miscellaneous Applications.
• Enrolment with Odisha State Bar Council at Cuttack. Enrollment No. O-655/2013
• Member of Orissa High Court Bar Association at Cuttack.
• Panel advocate, TATA Consultancy Services, Bhubanewar.
• Panel Advocate, Muthoot MicroFin Ltd., Odisha.
11
INTERNSHIP FINAL REPORT
SI NO CAUSE TITLE
LIST OF STATUTES
SI NO TITLE
5 LIMITATION ACT
12
INTERNSHIP FINAL REPORT
Code:091002
In the matter of :
Arun Kumar Sarangi, aged about 59 years, S/o. Late Radhamohan Sarangi, resident of
Baladev Jew Colony, Kashipur, P.S. Keonjhar Town, Dist. Keonjhar
…….petitioner
Versus
…. Opp. Party
1. That the case of the informant as per the FIR in short is that after death of the father the
victim was staying in a Ashram. The petitioner had taken her as adopted daughter. While
she was staying in the petitioner's house where the petitioner most of the times sexually
assaulted her and also fingering in her private part. Though she opposed, but the
petitioner did not respond the same. After some days petitioner admitted in a private
hospital Bhubaneswar, where his brain tumour was removed and there after they stayed at
Bhubaneswar for a certain period During that period the petitioner alognwith his wife
tortured the victim both mentally and physically for which telephoned to the informant.
she left their house and After getting such information, the informant rescued her and as
per the statement of the victim, she conducted an enquiry thereafter lodged this FIR.
Hence this case. Copy of the FIR is filed herewith and marked as Annexure -1.
2. That, on receipt of the report Spl.Case No. 26 of 2021 was registered in the court of the
learned Sessions Judge-cum- Special Judge, Keonjhar.
13
INTERNSHIP FINAL REPORT
3. That, the allegation made against the petitioner in the FIR is totally false and fabricated
one, only with an evil intention to put the petitioner in trouble, the informant lodged this
case by making such false story.
4. That, on bare perusal of the FIR story as well as other materials on record no such prima
facie case is made out at all against the present petitioner, only to make out a case such
false case has foisted by the informant against him.
5. That, it is humbly submitted here that the petitioner alongwith his wife filed an
application before the Basundhara for adopting a female child. While the authority denied
they filed an Civil Misc. Application before the learned District Judge, Cuttack by
exercising the provision U/s. 41(6) of Juvenile Justice (Care and Protection) Act, 2000.
After filing of the application the same was registered as Civil Misc.Case No.89 of 2013
and on 03.09.2014 the learned District Judge allowed the application. Copy of the
Judgment dtd. 3.9.2014 is filed herewith and marked as Annexure -2.
6. That, it is humbly submitted here that pursuant to judgment dtd. 3.9.2014 under
Annexure-2, the petitioner adopted a female child from Basundhara, thereafter the victim
was staying with the petitioner. The petitioner also taking care her as his daughter as well
as provided all Insurance to her. benefits including Health Insurance to her. Copy of the
Health Insurance Identity Card is filed herewith and marked as Annexure -3.
7. That, it is humbly submitted here that on 03.03.2021 the victim (petitioner's adopted
daughter) left his house and though the petitioner searched everywhere but could not trace
out Due to the aforesaid situation his wife filed a Missing Report before the IIC,
Nayapalli Station. Copy of the Missing report is filed herewith and marked as Annexure -
4.
8. That, it is humbly submitted here that after three days while the petitioner's wife was
cleaning the house where she found a letter written by the victim mentioned that with her
own volition, she left the house. Copy of the letter is filed herewith and marked as
Annexure -5.
9. That, it is humbly submitted here that after getting such information the informant who is
a social worker demanded some bribe from the petitioner while he refused the same, only
to take revenge she filed a false and concocted FIR against the petitioner and his wife.
14
INTERNSHIP FINAL REPORT
10. That in the meantime the investigation in Keonjhar Town P.S. case No. 106/2021
corresponding to Special Case No. 26/2021 pending before Ld. Sessions Judge-Cum -
Special Judge, Keonjhar has been concluded and charge sheet has been submitted on
07.08.2021 u/s 294/323/34 IPC. True copy of the Charge sheet is annexed herewith and
marked as Annexure-6.
11. That upon submission of charge sheet the Ld. Lower court took cognizance of the
offences u/s 294/323/354-A/354-C/506/376(2)(f)/376(3)/34 IPC & u/s 6 &12 POCSO Act
has been taken on 18.08.2021 and NBW has been issued. True copy of the order sheet is
annexed herewith and marked as Annexure-7.
12. That it is humbly submitted that the petitioner has been suffering from Soft tissue
sarcoma of though upcanefed and undergoing radiation. True copies of the medical
reports and other relevant documents are annexed herewith as marked as Annexure-8
Series.
13. That as the petitioner has been suffering from the above disease, He is taking regular
treatment and health check-ups under various doctors. Hence, he is in continues
supervision of doctors.
14. That it is humbly submitted that as in the meantime the investigation has been concluded,
cognizance has been taken and the victim is in safe custody. There is neither having any
chance on my part to influence the investigation nor to tamper the evidences. Further
there is no need of any custodial interrogation to collect any evidence.
15. That the petitioner is a permanent resident of Keonjhar and works there for gain. The
petitioner undertakes that he shall not evade the process of law or abscond and cooperate
with the court for trial.
16. That on the other hand if the petitioner is arrested and put behind the bars he will be
deprived of regular treatments and it may lead to further degradation of my health. In that
circumstance of the case my right to life shall be jeopardized.
17. That the petitioner is an innocent person having no nexus with the alleged incident and
permanent resident under the territorial Jurisdiction of this Hon'ble Court. Due to such
false case now he is apprehending arrest at any moment the police will arrest them. If he
will be arrested in this false case then he will be nowhere, so considering the above facts
and circumstances this application may kindly be allowed.
15
INTERNSHIP FINAL REPORT
18. That the petitioner is a law-abiding citizen having all respect to the law of the land. He is
ready and willing to abide by any terms and conditions which would impose by this
Hon'ble Court while disposing of this application.
19. That the petitioner will be seriously prejudiced unless he is released on bail as per
provision under section 438 of Cr.P.C.
PRAYER
It is therefore prayed that this Hon’ble Court may be graciously pleased to direct release of
the Petitioners on bail by the arresting officer in the event of his arrest on such terms and
conditions as the Hon’ble Court deems just and proper in connection Keonjhar Town P.S
Case No. 106/2021 corresponds Special Case No. 26 of 2021 pending in the court of Ld
Sessions Judge-Cum-Special Judge, Keonjhar for the interest of justice.
And for this act of kindness the Petitioner as in duty bound shall ever pray.
Dt:28.07.2022 Advocate
AFFIDAVIT
I, Arun Kumar Sarangi, aged about 59 years, S/o. Late Radhamohan Sarangi, resident of
Baladev Jew Colony, Kashipur, P.S. Keonjhar Town, Dist. Keonjhar, do hereby solemnly
affirm and state as follows:
1. That I am the Petitioner in this petition and as such I am competent to swear this affidavit.
2. That I have gone through the petition and well aware of the contents of it.
3. That the facts stated and averments made in the petition are true to the best of my
knowledge and belief.
Identified by
Advocate DEPONENT
CERTIFICATE
Certified that, due to non-availability of cartridge papers the petition has been typed on thick
white papers. Also, it is undertaken to file English translated copy of the Odia annexures as
and when directed by this Hon’ble court
16
INTERNSHIP FINAL REPORT
Cuttack
Case 2.
In the matter of -
Versus
1.Sec- 354 of Indian penal code assault or criminal force to women (molestation)
Facts:
1.Now in this case the real accused is a lady named rinu dhandhi she was molested by a
person who is the petitioner in the present case.
2. So her allegations on him was that she went near a mobile repairing shop there came konda
who offered her a job as a sales girl in a cloth store
4.now this man followed her and held her hands and he even ripped her cloth.
5.she protested about it and she went and gave FIR in the police station.
6.Now in criminal cases after the FIR is filled the real accused or the plaintiff has no role to
play in the case because the state fights the case on behalf of the accused .
7.Now when the present petitioner was called to the police station he knew he would be
arrested so before getting arrested he filed for anticipatory bail under section -438 with the
help of my lawyer.
8.Petitioner point of view- he pleads to the court that the allegations made on him is not true
and its done only because of the dirty village politics.
17
INTERNSHIP FINAL REPORT
9. The plaintiff here runs a very small stall and the plaintiff and the defendant are neighbors
so they come to his stall eat and go and many a times they did not pay him.
10. So the plaintiff pleads for the anticipatory bail and pleads the court that he is innocent.
Case 3.
In the matter of -
Versus
Application under section 12 of the protection of woman from domestic violence act .2005
Facts:
1.The plaintiff used to run a small beauty parlor and she fell in love with the defendant and
there marriage was solemnized .
2.But the defendants family did not accept her so they used to stay in separate house.
3.After few months the marriage the plaintiff got to know about the bad habits of the plaintiff
and wanted for divorce and maintenance.
4.The defendant was not ready for the divorce because he did not want to pay for
maintenance .
5.so the case went on and on but the defendant was not ready for maintenance neither
divorce.
6. So my counsel decided to fight this case under section 12 of the protection of women from
domestic violence .
Because this act is meant for the protection of the women and steady relief can be awarded by
the court .
18
INTERNSHIP FINAL REPORT
Case 4.
In the matter of -
Versus
1.Here the defendant first filed the case for the maintenance on the present petitioner.
2.but on the hearing date for few months she was unable to appear before the court .
3.So the defendant in the present case plaintiff filed the case under sec 5 of the limitation act
saying that the defendant did not appear the court hearing for 1 thousand 50 days so the case
shall be decided under exparte order.
19
INTERNSHIP FINAL REPORT
Case 5 .
In the matter of -
Versus
3.At the time of issuing the cheque the accused person assured the complainant that there is
sufficient balance in the account.
4.Complainant presented the said cheque at his banker -axis bank. But the said cheques were
dishonored and returned due to insufficient fund.
5.After receipt of the intimation slip from the banker the complainant tried to contact him for
several times but couldn’t contact.
6.Finding no other way complainant sent a demand notice through his advocate by speed post
. Demanding to make payment of the said cheque amount 12000.within fifteen days of time.
7.The accused person received the demand notice .but till due date the accused person has
neither repaid the money nor has contacted the complainant.
ARTICLE WRITING
The contract of indemnity refers to “when one person promises the other person to save from
any damages” .According to English law “indemnity means a promise to save a person
harmless from the consequence of an act “.
Adamson vs Jarvis
Adamson is an auctioneer and Jarvis is the offeror. Defendant came to the plaintiff requested
to sell the cattle through auction.(but the. Real fact was the cattle never belonged to the
20
INTERNSHIP FINAL REPORT
defendant ) Adamson agreed and in his auction an 3rd party purchased the cattle, after sale
was completed later Plaintiff came to know that Jarvis was not the owner of the cattle. And
the real owner of the cattle came to know that Adamson sold his cattle. Later the real owner
filed case against Adamson and Adamson has to pay the real owner as a compensation, later
on Adamson recovered the money from Jarvis, it’s an implied contract and hence Jarvis is
liable.
Section 125 of Indian contract gives a provision for rights of indemnity holder, As per section
125” promisee is entitled to recover from the promiser “;
• “All damages which the promisee may be compelled to pay in any suit all passed
which the promisee may be compelled to pay in bringing or defending the suite”.
• “All sums which he may have paid under the terms of compromise of any suit”.
• “For all the above the indemnity owner should seek the permission take consents of
indemnifier “.
Commencement of Liability
As per the English law you must be domified before you claim to be indemnified. One should
suffer injury before claiming for the damages, indemnity is payable only after the indemnity
holder suffered actual laws. As soon as the liability of the indemnified becomes absolute the
indemnified can claim the damages from indemnifier. Present law says you need not wait till
the execution of the case, when the case becomes absolute the indemnified can claim the
damages .For example: A is the insurer and B is the policy holder now B has suffered the
actual laws after further investigation when it is proved that B has actually suffered a laws
then if B has to pay to C the insurer can directly pay to C .
21
INTERNSHIP FINAL REPORT
FINDINGS
The High Court of Orissa comprises of 2 buildings, The new building and the old building.
Both the building have court rooms which function simultaneously and the Chief Justice of the
Orissa High Court, Cuttack is Hon’ble Chief Justice Kalpesh Satyendra Jhaveri.
The Judiciary of India is an independent body and is separate from the Executive and Legislative
bodies of the Indian Government. The judicial system of India is stratified into various levels.
At the apex is the Supreme Court, which is followed by High Courts at the state level, District
Courts at the district level and Lok Adalats at the Village and Panchayat Level. The judiciary of
India takes care of maintenance of law and order in the country along with solving problems
related to civil and criminal offences. States are divided into districts (zillas), and within each a
judge presides as a district judge over civil cases. A session’s judge presides over criminal cases.
The judges are appointed by the governor in consultation with the state's high court. District
courts are subordinate to the authority of their high court. Though there are fast track courts also
which had been set in order to do speedy trials and are supposed to decide a matter within months
but even they take a year long time. Our duty should be to ensure that public faith is maintained
and preserved. It should also be kept in mind that the rule of law will be adversely affected once
the public faith eroded. The adherence to rule of law is the primary responsibility of the Judiciary
to deliver justice to the poor on the basis of socio-economic and political conditions .There is no
doubt that the laws and the system is very well planned but still there are loopholes in the
execution. The procedures are very long and bulky, and people who comes there for justice needs
to spent a lot of money and time which restricts a common man to come to the court. It is not
that there is only dark side, the judiciary takes time to decide a matter but most of the time it
satisfies people.
22
INTERNSHIP FINAL REPORT
The most basic problems with the lower courts are absence of appropriate number of judges, and
lack of modern technologies, more work load, and lack of execution of laws. The government,
however, has simply not focused on how to pull the judiciary out of the mess. Each passing year,
Parliament and state assemblies pass more and more laws, yet no one in government appears to
give thought to the obvious — that the number of judges should be increased to cope with
increased number of litigants and that retraining of judges in new laws should be mandatory.The
word done in supreme court and high courts are very much different from that of the lower
courts. The justice given in these courts are speedy justice and there is a very systematic and
swift working in these courts. The proceedings of the courts were all in English which is different
from that of the lower courts. The record of proceedings and witness statements are provided on
the same day. There is a different consultation/ conference room for the discussion of the cases.
At Odisha the High Court is at Cuttack, known as Orissa High Court, Cuttack.
23
INTERNSHIP FINAL REPORT
§ Skills accomplished
i. Professional communication
ii. Persistence
iii. Various opportunities
iv. Adaptability skills
v. People management
vi. Making connections
vii. Problem solving skills
viii. Work ethics
ix. Responsibility
x. Handling cases
xi. Communication skills
xii. Drafting and research skills
24
INTERNSHIP FINAL REPORT
I m thankful towards the office for providing me with the opportunity to work with them
.This internship not only nurtured my legal knowledge but also gave an edge to my method of
legal drafting .The legal profession in reality is different from what is shown or imagined in
movies. Though one month is not enough to learn about the entire legal framework but it
was enough to learn the basics and legal drafting. About advocates I experienced one thing
that is it is not at all easy to work as an advocate, it requires a lot of dedication and handwork
,only then you can achieve success, and most importantly social recognition . I learned any
new laws and most important how to draft cases and understand the case better . According to
my experience all the law students should do internship as it teaches us about the practical
world of law.
25