REPORT ON WINTER INTERNSHIP 2019

Submitted as per the requirement of the course curriculum of

‘Internship’ in School of Law for internship at

Adv. Niraj Sharma,

Advocate-on-Record, Supreme Court of India

from November 25, 2019 to December 24, 2019

SUBMITTED BY: SUBMITTED TO:

ISHAAN VATS INTERNSHIP PLACEMENT COMMITTEE
BA LLB (Hons) BENNETT UNIVERSITY
L18BALB020

1
 INDEX

ABBREVIATIONS ................................................................................................... 4

DECLARATION ....................................................................................................... 5

ACKNOWLEDGMENT .......................................................................................... 6

INTRODUCTION ..................................................................................................... 7
Year................................................................................................................................................................ 7
Period of Internship ....................................................................................................................................... 7
Internship Organisation ................................................................................................................................. 7
Objectives of the Internship........................................................................................................................... 7
Nature of the Work ........................................................................................................................................ 7

ABSTRACT ............................................................................................................... 8

ABOUT ADV. NIRAJ SHARMA............................................................................ 9

TASKS ASSIGNED .................................................................................................. 9

Week 01:........................................................................................................................................................ 9
Week 02:...................................................................................................................................................... 10
Week 03:...................................................................................................................................................... 10
Week 04:...................................................................................................................................................... 11

TASKS ACCOMPLISHED ................................................................................... 12

Week 01:...................................................................................................................................................... 12
Week 02:...................................................................................................................................................... 12
Week 03:...................................................................................................................................................... 12
Week 04:...................................................................................................................................................... 13

OVERALL LEARNING OUTCOME .................................................................. 14

CONCLUSION........................................................................................................ 17

ANNEXURES .......................................................................................................... 18
Case Summary:............................................................................................................................................ 18

2
CERTIFICATE ....................................................................................................... 19

FEEDBACK ……………………………………………………………………... 23

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 ABBREVIATIONS

S.No. Abbreviation Full Form

1. ADJ Additional District Judge

2. Adv. Advocate

3. AOR Advocate-on-Record

4. Art. Article

5. DJ District Judge

6. HC High Court

7. UP Uttar Pradesh

8. MP Madhya Pradesh

9. PIL Public Interest Litigation

10. SC Supreme Court

11. Sec. Section

12. UPPSC Uttar Pradesh Public Service Commission

13. v. Versus

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 DECLARATION
I, Ishaan Vats, with Enrolment No: L18BALB020, Student of BALLB (Hons) at School of Law,
Bennett University, do hereby declare that the material presented in the internship report represents
original work carried out by me during my internship with Adv. Niraj Sharma from November 25,
2019 to December 24, 2019.

With my signature I certify that: -

● I have not manipulated any of the data or results.
● I have not committed any plagiarism of intellectual property.
● I have clearly indicated and referenced the contributions of others.
● I have explicitly acknowledged all collaborative research and discussions.
● I have understood that any false claim will result in severe appropriate disciplinary action.
● I have understood that the work may be screened for any form of academic misconduct.

Date: September 25, 2020 Student Signature

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 ACKNOWLEDGMENT

The internship opportunity that I had with Adv. Niraj Sharma was a great chance for learning and
professional development.

I would like to express my deepest gratitude and special thanks to Adv. Niraj Sharma who in spite
of being extraordinarily busy with his duties, took time out to hear, guide and keep me on the
correct path and allowing me to carry out my project at their esteemed organization.

I express my deepest thanks to Adv. Sumit Sharma for giving necessary advice and guiding me at
every step.

I am also grateful for having a chance to meet so many wonderful people and professionals who
led me through this internship period.

I would also like to extend my gratitude towards Dr. Sridhar Acharyulu, Dean School of Law, Dr.
Prachi, Convenor Internship Placement Committee and my academic supervisor Mr. Jacob George
Panickasseril, without whose guidance, this internship report would not have been possible.

Lastly, I would like to thank my parents for supporting me, guiding me and cooperating with me.

Ishaan Vats
L18BALB020
BA LLB (Hons)

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 INTRODUCTION

Year

2019

Period of Internship

November 25, 2019 to December 24, 2019

Internship Organisation

Adv. Niraj Sharma, Advocate-on-Record, Supreme Court of India

Objectives of the Internship

 Shadowing an Advocate who attends the Supreme Court of India, dealing with cases of Criminal,
Contract, Family, Property, Arbitration and Service Matter, to fully understand the real-world
application of the law subjects studied in class.

 Observing and analysing the nature of disputes in the Courts that arise out of these realms of law.

Nature of the Work

 Reading, analysing and summarising various judgements of Sessions Courts, High Courts and
the Supreme Court.

 Researching on various provisions of the Indian Penal Code, the Code of Criminal Procedure,
the Code of Civil Procedure, and other acts that are State Legislations of Uttar Pradesh and
Madhya Pradesh.

 Accompanying the senior and junior advocates to court to attend proceedings.

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 ABSTRACT

I did my winter internship with Adv. Niraj Sharma and Adv. Sumit Sharma. I find myself extremely
lucky that in spite of being busy, they took time out patiently to explain the work, clear my doubts
and guide me whenever I needed them.

This internship report highlights the major tasks assigned and accomplished by me during my
internship program. The report also encloses in detail the learning outcomes and the experience
gained during the internship tenure.

The tasks that were assigned to me during my internship program helped me understand the different
substantive laws and procedural laws. I got introduced to various new orders and provisions of the
Central Laws:

 Constitution of India, 1950

 Code of Criminal Procedure, 1973

 Indian Penal Code, 1860

 Code of Civil Procedure, 1908

 Indian Contract Act, 1872

 Indian Evidence Act, 1872

 Hindu Marriage Act, 1955

 Works of Defence Act, 1903

 The Arbitration and Conciliation Act, 1996

and several other State Laws of Uttar Pradesh including rules regarding appointment of persons
to certain posts and State Laws of Madhya Pradesh including various Rules regarding the
appointment and retirement of Judges in the Subordinate Judiciary and laws relating to landlord-
tenancy agreement in the State of Madhya Pradesh.

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ABOUT ADV. NIRAJ SHARMA
An Advocate on Record is an advocate who is entitled under the Order IV of the Supreme Court
Rules, 2013 (previously Order IV of the Supreme Court of India Rules, 1966), framed under Art. 145
of the Constitution, to act as well as to plead for a party in the Supreme Court of India.

Adv. Niraj Sharma has an experience of more than thirty years of practicing in the Supreme Court of
India. He started his practice in the year of 1986 and in the year 1993 he was designated to the status
of Advocate-on-Record and is the gold-medalist of Batch of 1993 of AOR. He deals with a diverse
nature of disputes pertaining to Criminal, Matrimonial Disputes, Service Matters, Arbitration, Civil
and specializes in the cases pertaining to the Service Matters and Civil Law. He is currently the
Standing Counsel of the Indore Development Authority and State of Madhya Pradesh in the Supreme
Court.

TASKS ASSIGNED
The tasks that were assigned to me during my internship are as follows:

Week 01:

In the first week of my Internship I was assigned the case on my subject interest that are Criminal
Law and Constitutional Law. The case pertaining to the Constitutional matter was a Public Interest
Litigation which was filed on the judgement delivered by High Court of Madhya Pradesh. In this case
construction and demolition of several government buildings and private property were in question.

The petition pertaining to Criminal Law was filed against the impugned order of the Allahabad High
Court where it upheld a summon issued by Sessions Court on false charges.

Specific work included:

 Prepare the summary of the facts of not more than 1 minute.
 Read the relevant provisions of the Statutes.
 Identify the Issues and Grounds in the case file.
 Read the PIL that was filed in 2015 and prepare the case summary of the same.

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Week 02:

In the second week of my internship I was assigned a Civil Petition arising out of Second Appeal.
The case was related to division of a specific piece of land between the family members. Apart from
reading the case file I also attended court proceedings. The first case proceeding I saw was that of
larger bench reference in the case of Indore Development Authority. The case of Indore Development
Authority was related to Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013.

Specific work included:

 Understand the procedure followed in Civil Courts.
 Prepare a short summary of the facts.
 Prepare a list of testimonies of witnesses that were in favour and against our case by reading
the original documents that were filed in the civil court.
 Prepare a chart of all the family members showing their relation to the parties involved in the
original suit.

Week 03:

In the third week of my internship I was assigned to read and understand specific provisions of the
Indian Evidence Act, 1872 which were related to the Sale Deeds. The provisions were used in the
Civil petition that was assigned to me in the previous week. Apart from the Civil petition I was also
assigned case pertaining to the service matter of a person appointed to a certain post. By the end of
the week I was assigned third case of the week pertaining to the compulsory retirement of Additional
District Judge by the High Court of Madhya Pradesh.

In addition to reading cases, I also got an opportunity to witness the proceedings pertaining to the
constitutional validity of Presidential Order that abrogated Article 370 of the Constitution of India.

Specific work included:

 Read, understand, and apply Sec. 90, 91 and 92 of the Indian Evidence Act, 1872 to the Civil
case that involved transfer of a piece of land among the family members.
 Prepare the short summary of facts, timeline of events of the other two cases that were service
matter and the compulsory retirement of DJ by the High Court of MP.
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  Research on the relevant State Laws of Uttar Pradesh related to appoint of persons to certain
government posts.

Week 04:

In the fourth and last week of my internship period, I continued reading the case of compulsory
retirement of the ADJ by the High Court of Madhya Pradesh which was assigned to me by the
Supervisor in the third week. In addition, I was assigned to a new case pertaining to landlord-tenancy
agreement taken up by the Supervisor in the same week. Apart from these cases the Supervisor
assigned me several other cases pertaining to different fields of law including matrimonial disputes,
arbitration case etc. so that I can have a brief look over other types of cases as well.

Specific work included:

 Prepare a timeline of events in the DJ Case and Landlord-Tenancy Agreement Case.
 Research on the relevant State Laws of Madhya Pradesh and rules framed by the High Court
pertaining to appointment and compulsory retirement of the Judges in the State.
 Read the original documents of landlord-tenancy agreement case and help supervisor to draft
the case.
 Read the statutory provisions pertaining to reasons for which a tenant can be asked by the
landlord to vacate the property.
 Find relevant case laws for the matrimonial dispute case.

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 TASKS ACCOMPLISHED
Week 01:

 I started work straight away after joining the office with reading the case files of matters being
heard at the Supreme Court. I read through a Public Interest Litigation and a Criminal Case. I
prepared a timeline of the events and noted down the facts, issues, and grounds of the given
cases.

 For the Criminal Case I read the testimonies given by witnesses to identify the anomalies in their
statements.

Week 02:

 I read the Civil case file in entirety, prepared a timeline of the events, and noted down the facts,
issues, and grounds of the given cases.

 I also read some provisions of the Code of Civil Procedure to understand the procedure that is
followed in the civil courts.

 I read the testimonies given by witnesses to identify the anomalies in their statements which can
favour our case.

 Apart from the office work I attended the court room proceedings of Indore Development
Authority Case which was pertaining to the interpretation of the Section 24 of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013.

Week 03:

 I read the Sections 90, 91 and 92 of the Indian Evidence Act, 1872 to understand the documentary
evidence given for the sale deeds.

 I read the two case files in entirety; one was pertaining to the appointment of persons on certain
posts of the UPPSC; and the other case was pertaining to the compulsory retirement of the
District Judge by the High Court of Madhya Pradesh.

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 Prepared a timeline of the events, and noted down the facts, issues, and grounds of the given
cases.

 Researched on relevant provisions of the Uttar Pradesh Dying in Harness Rules that was used in
the Service Matter Case.

 Apart from the office work I attended the court room proceedings of the petition that challenged
the constitutional validity of the Jammu and Kashmir Re-organisation Act, 2019.

Week 04:

 I read three cases pertaining to matrimonial dispute, arbitration proceeding and landlord tenancy
agreement.

 Researched on Madhya Pradesh State Laws pertaining to the retirement of Judges of the
Subordinate Judiciary in Madhya Pradesh and laws pertaining to landlord-tenancy agreement.

 Researched case law pertaining to cruelty in a matrimonial dispute.

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 OVERALL LEARNING OUTCOME

The internship experience with Adv. Niraj Sharma and Adv. Sumit Sharma involved delving into
various aspects of law including Criminal, Contract, Property, Matrimonial and Criminal and Civil
Procedure. Having only read about the law in the classroom and discussing what happened in various
landmark cases and how those judgements were written, my imagination had set a basic expectation
of how the judicial system functions on a day-to-day basis in India. Once I started my internship at
the chamber, it was the beginning of gaining some practical experience in the field by shadowing an
eminent lawyer in his daily work, which involved moving in the corridors of the Supreme Court.

During the initial phase of internship, by reading the case of Mahendra Kumar Saxena v. Union of
India, I got to understand the judgements being legally right and simultaneously being practical also.
While reading the first case that was assigned to me, I came to realize that sometimes even court
neglects the practicality of the execution of their judgements. The matter was pertaining to the Works
of Defence Act, 1903, where the High Court of Madhya Pradesh in a PIL filed by Rajesh Bhadoriya
in 2015 ordered the State Government to vacate and demolish all the construction that took place in
the vicinity of a certain defence establishment in the city of Gwalior. Though the judgement of the
High Court was as per the provisions of the Works of Defence Act, 1903, but the judgement lacked
practicality as the execution of such decree would involve a huge amount of State’s funds that
collected through the taxes. The demolition of the buildings that was to be executed included not only
private buildings but also various government offices of the District Administration and Municipal
Body.

I got to understand the civil procedure by reading the case of Ganesh v. Ramkripal which was a civil
appeal arising out of second appeal and is currently pending in the Supreme Court. The case was
related to the partition and the sale of a particular piece of agricultural land. This case gave me a brief
understanding of the civil procedure and some its important concepts like First Appeal and Second
Appeal under Sections 96 and 100 of the Code of Civil Procedure, 1908, respectively, and various
provisions of the Indian Evidence Act, 1872 including the provisions relating to the evidence of the
sale deeds.

By researching on the case of State of U.P. v. Abhishek Sharma, I came to know about the Uttar

14
Pradesh Dying in Harness Rules which provides for the appointment of persons at certain positions
if the sole earner of the family of such person has died while serving on the post within the ambit of
the Uttar Pradesh Public Service Commission. These rules provide that the appointment cannot be
done on the posts that are within the scope of the Commission. Such posts are to be filled only through
the procedure prescribed by the Service Commission.

One of the longest case, that I came around was the case of High Court of M.P. v. Shri R.N. Soni
which was pertaining to the compulsory retirement of Shri R.N. Soni who was the District Judge and
several other judges of the subordinate judiciary of the State of MP. The case was related to various
rules for the retirement of judges including Central Laws on the matter as well as State Laws. The
case required a thorough reading of the facts, researching these laws and a proper analysis of the
relevant provisions as all the provisions were interlinked to each other though the provisions were in
different rules like All India Services (Death Cum Retirement Benefits) Rules, 1958, MP District and
Sessions Judges (Death cum Retirement Benefits) Rules, 1964, Madhya Pradesh Shaskiya
Adhiniyam, 1976 and several other similar rules of Madhya Pradesh.

Last phase of my internship became disturbing as the anti-CAA riots started in the various parts of
Delhi-NCR and other parts of the country due to which my Supervisor did not give long cases or
cases that require intense research. However, he gave me shorter cases of diverse nature so that I can
get a brief understanding of other fields of Law also which will help me to understand the Law in my
future. Such a case included a matter pertaining to the landlord-tenancy agreement in the State of
Madhya Pradesh. The said case was in its drafting stage so I was assigned to find out the reasons in
the Madhya Pradesh Rent Control Act where a landlord can ask the tenant to vacate the premises.
Other cases included a matrimonial dispute which was originally pertaining to the Divorce under
Section 13(ia) of the Hindu Marriage Act, 1955. However, the said case was in the Supreme Court as
the pleadings required some amendment. The last case that I got to read during my internship was
pertaining to the Arbitration and Conciliation Act, 1996.

I also got an opportunity to witness the Courtroom proceedings pertaining to the interpretation of
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013 and constitutional validity of the Jammu and Kashmir Re-organisation Act, 2019. In the
former case it was a larger bench reference which was headed by Justice Arun Mishra. The proceeding

15
however took a twist on the day I attended proceeding for the first time. The proceeding turned into
a heated argument between Sr. Adv. Gopalshankarnarayan and Justice Mishra over the repetition of
the arguments for which the Judge even threatened the counsel to initiate the proceeding of Contempt
of Court against the counsel after which the proceeding was adjourned for the day. On the other hand,
the proceeding pertaining to the constitutional validity of the Jammu and Kashmir Re-organisation
Act, 2019 was started during my internship period and hence it was in its initial phase. However, the
petitioners argued on the basis of Art. 3 of the Constitution which states the procedure for the re-
organisation of the states and Art. 370 which provides the procedure for the amendment of the
principle Article. The arguments were also based on various documents and Statutes pertaining to the
status of the State of Jammu and Kashmir like India Independence Act, 1947, Instrument of
Accession, Constitution of India, and Constitution of Jammu and Kashmir. By attending the
proceeding, I got to know various principles of the Constitution of India.

16
 CONCLUSION
The internship program for the academic year 2019 - 2020 was a productive way to spend four weeks
of my winter vacation, keeping my eyes active and engaged in the subject that I am currently pursuing
for my undergraduate studies. I was able to enrich my knowledge and understanding in both
theoretical and practical aspects of law. This internship added to the phase in developing myself to
become a professional in the field of practicing law.

I was also able to attain knowledge that I cannot find online, such as court room etiquettes, the manner
of proceedings and the lucid and persuasive communication tactics of eminent lawyers practicing in
the Supreme Court of India.

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 ANNEXURES

Case Summary:
1. Rajesh Bhadoriya v. Union of India, AIR

Facts:

Central Government in the year 1963 established Defence and Research Development
Establishment in the city of Gwalior and to protect the establishment the government issued the
notification under Sec. 3 of the Works of Defence Act, 1903, and put the restrictions on the
constructions within the 200 meters of the establishment. But, over the time several buildings
were constructed in the vicinity of the establishment due to the negligence of Gwalior
Municipal Corporation and the officers of the DRDE. This PIL was filed by the Rajesh
Bhadoriya in the year 2015 demanding the demolition of all the constructions that took place
in the vicinity of the DRDE.

Reasoning:

The Court’s reasoning was solely based on the provisions of the Works of Defence Act, 1903,
and various notifications that were issued by the Central Government regarding the radial
distance in which construction was restricted. The notifications also included provisions
regarding the compensation to be provided to the owners of the property for such demolition.

Held:

The High Court of Madhya Pradesh, Gwalior Bench held that all the buildings and
constructions that were raised in the violation of the provisions of the Works of Defence Act,
1903, should be demolished without giving compensation to the owners of such buildings. The
Court was of the view that the compensation cannot be provided as the construction was illegal
for which the owners of the property are not entitled for the compensation. The Court also held
that the Defence establishment cannot be shifted.

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CERTIFICATE

19
FEEDBACK

23
 NIRAJ SHARMA
Advocate Supreme Court

Office: Chamber:
B-91, Sector-14 302, C.K. Daphtary Block,
Noida-201301 Supreme Court,
Tel: 9811052138 New Delhi-110001
0120-2512406 Email:
0120-2512616 nirajsharma1960@gmail.com

Date: 21.08.2020

FEEDBACK PERTAINING TO INTERNSHIP OF ISHAAN VATS, STUDENT OF B.A.

LL.B (H), SCHOOL OF LAW, BENNETT UNVERSITY

Mr. Ishaan Vats had undergone internship in my office from 25th November to
24th December, 2019 regarding which I had issued him a certificate dated
24.12.2019. My feedback regarding the same is as follows:-

1. As stated in my aforesaid certificate, I found Ishaan a brilliant, hardworking

and enthusiastic student and his work was extremely useful to me in
preparation, drafting and hearing of various cases.

2. Among the various cases he worked upon, I have made a special mention
regarding his legal research in the matters of High Court of M.P. Vs. R.N. Soni
which pertained to compulsory retirement of Shri R.N. Soni, a former District
Judge in the State of Madhya Pradesh. Ultimately, in the final hearing I
succeeded in the said case and the Supreme Court granted monetary benefits
to the said client.

3. Ishaan’s contribution to another case Krishna Kumar Vs. Dr. Mahesh Bhatia
has also been specially mentioned by me in my certificate. His research in
this civil matter (landlord-tenant case) was also very useful.

4. I have mentioned a matter Mahendra Kumar Saxena Vs. Union of India

pertaining to Works of Defence Act, 1903 on which Ishaan made valuable
contribution in my office work and the said matter is still pending in the
Supreme Court.

5. He also worked on criminal cases Sardar Vs. State of M.P. and Sukhvinder
Singh Vs. State of U.P. which are also pending in the Supreme Court.

6. He worked on a corporate matter Anil Sharma Vs. Taj Hotels pertaining to the
Arbitration and Conciliation Act, 1996 which is also pending and involves
important questions of law.

Chamber-302, C.K. Daphtary Block, Lawyers Chambers, Supreme Court, New Delhi
 NIRAJ SHARMA
Advocate Supreme Court

Office: Chamber:
B-91, Sector-14 302, C.K. Daphtary Block,
Noida-201301 Supreme Court,
Tel: 9811052138 New Delhi-110001
0120-2512406 Email:
0120-2512616 nirajsharma1960@gmail.com

7. He worked on a matrimonial matter Vaibhav Saxena Vs. Priya Saxena which

mainly pertained to amendment of plaint under Order 6 Rule 17 CPC.
Likewise he also worked on another matter Ganesh Vs. Ramkripal which was
a civil dispute.

Considering the fact that Ishaan was only a second year student at the time
of internship which was only for one month and considering the contributions
he made as per my certificate, I would rate him as keen and enthusiastic
learner with a quick grasp and mature thinking- a fact which I have also
mentioned in the certificate.

NIRAJ SHARMA

Chamber-302, C.K. Daphtary Block, Lawyers Chambers, Supreme Court, New Delhi