INTERNSHIP DAIRY

MOCK TRAIL AND INTERNSHIP

AMITY LAW SCHOOL

UNDER THE ABLE GUIDENCE OF
MR. ASHOK KUMAR SEN (ADVOCATE)

SUBMITTED BY

Yukta Kaushik
BALLB 2ND SEM
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TABLE OF CONTENTS

1; DECLARATION
2; ACKNOWLEDGEMENT
3;INTRODUCTION
4;INTERNSHIP DAIRY CONTENTS
5; CONCLUSIONS

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 DECLARATION

This is to certify that the project report on summer internship programme

which is submitted by Yukta kaushik in partial fulfillment of the requirement for
the degree of BALLB to Amity university chattishgarh comprises only my general
work & due acknowledgement has been made in the text to all material used.
Neither the same work, nor any part thereof, has earlier been submitted to any
university for any degree.
Name of the Student: yukta kaushik
Amity University chattishgarh ,amity law school
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ACKNOWLEDGMENT

It is my proud privilege to express my sincere gratitude to Mr.

Ashok kumar sen(Advocate) under whose shadow and guidance I
have successfully completed my internship. I have gained a lot from
the experience of Mr. Ashok kumar sen of standing at Bar which has
helped me in gaining insight into the working of judicial system of
our country. I am also thankful to the entire law faculty for inspiring
guidance, supervision, expert suggestion & encouragement which
helped me to understand the application of law taught in the actual
practice of law in and outside court.

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 INTRODUCTION
This report examines the internship program with Advocate Mr.
ASHOK KUMAR SEN I have completed my internship under
Advocate Mr. ASHOK KUMAR SEN in the month of November 2020
and I twas a great learning experience for me. The internship gave
me the opportunity to look inside the judicial system and its
working. I dealt with people directly and looked into their problems
under the able guidance of Mr. ASHOK KUMAR SEN . I visited Courts
in regard to different matters fixed in courts in daily routine where I
got an opportunity to observe their working. It was a valuable
insight into the actual working of courts and lawyers .Not all legal
acts happen in courts, a lot of legal mind is applied behind the
canvas of court ,inside a lawyer’s chamber. A great deal about
planning, counseling, legal drafting ,brainstorming, and record
maintenance is taken up by a lawyer to make a good case. In the
company of Mr. ASHOK KUMAR SEN I was able to get insight of nitty
gritties involved in preparing a case. With his permission, I was able
to observe the manner in which client counseling is done .Besides
this I was able to learn about carrying out legal research, study of
case files of running cases, and preparing of draft documents of real
cases in hand .It was a rich experience of working of courts and our
judicial system and the role of a lawyer in the delivery of justice.
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INTERNSHIP DAIRY CONTENTS

PART A – Factual and Analytical Information about the internship
I started interning with the Advocate from NOVEMBER 20 2020 . His
chamber is located at Brahman para chock (Yogesh chandra
Sharma Chamber), district court Raipur ,bar council room no. 107 .
From the very first day, I was given an insight into how things work
in practical sphere. I was advised to take note of everything that
happens in a court room. On the very first day, I was taught the
traits of a good advocate. Time management, quick effort with well
thought action, meeting with the deadlines; these were the few
things that I had to take note of. My internship began with a brief
note on the procedural difference between Criminal and Civil
Matters. The criminal procedure is provided in the CrPC and the civil
procedure is in CPC.
The Code of Criminal Procedure (CrPC ) is the main legislation on
procedure for
administration of substantive criminal law in India .It was enacted in
1973 and came into force on 1 April 1974. It provides the machinery
for the investigation of crime, apprehension of suspected criminals,
collection of evidence, determination of guilt or innocence of the
accused person and the determination of punishment of the guilty.
Additionally, it also deals with public nuisance, prevention of
offences and maintenance of wife, child and parents.
The Code of Civil Procedure, 1908 is a procedural law related to
the administration of civil proceedings in India. The Code is divided
into two parts: the first part contains 158 sections and the second
part contains the First Schedule, which has 51 Orders and Rules. The
sections provide provisions related to general principles of
jurisdiction whereas the Orders and Rules prescribe procedures and
method that govern civil proceedings in India.

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During the 30 days of my internship, the things I learned during my
internship can be
enumerated as:

1. FILING OF A VAKALATNAMA
Vakalatnama , also called Vakilpatra (VP), is a document, by which, the party
filing the case
authorizes the Advocate to represent on their behalf. A vakalatnama gives a
lot of authority to
the pleader. It should be executed by the client with great care and scrutiny.
Order III of the
Civil Procedure Code, 1908 provides under rule 4(1) that “No pleader Shall act
for any
8 person in any Court unless he has been appointed for the purpose by such
person by a
document in writing signed by such person or by his recognized agent or by
some other
person duly authorized by or under a power-of-attorney to make such
appointment”. On the
general terms, a Vakalatnama contains:
● The date on which it is executed.
● The name of case/cases for which the pleader(s) has been appointed
● The name of the court / courts for which the pleader has been appointed
● The name of the party appointing the Advocate and the parties authority to
appoint
(Eg: Power of Attorney Holder or Recognized Agent)
● If not executed by the party in person, then the document supporting the
appointment
● The name of the lawyer / pleader / advocate(s) so appointed
● The address of the pleader, for service of documents
● The case title / number to identify the case for which the appointment has
been made
● The powers / decision making authority given to the advocate. This may
limit the advocate only to obtain certified copies, or
● Signature of the party or parties (with the name of the party or parties next
to it)
● Signature of the pleader(s) or lawyer(s) accepting the vakalatnama.
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2. FILING OF COURT FEES

I was asked to go to the court fees counter with a senior, and
file the required documents with the appropriate court fees.
This step educated me about the procedure and its nitty
gritty details.
3. FILING A BAIL BOND
I was also taught how to file a bail bond for a criminal case
under Section 138 of Negotiable Instrument Act.
4. OBSERVING CLIENT DEALINGS AND DRAFTING
I observed various client dealings and one of them was
settling of terms of Divorce by mutual consent under Section
13B of Hindu Marriage Act, 1955. I also assisted the advocate
in drafting of various plaints and written statements under
Negotiable Instruments Act,
Consumer Protection Act, Hindu Marriage Act, Domestic
Violence Act and Hindu Guardian and Wards Act.

5. FRAMING OF ISSUES
Issues are framed by the court, on the basis of which
arguments and examination of witness takes place. They 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 of Law. While passing final order,
the court will deal with each issue separately, and pass
judgment on each issue. Before I joined the internship, the
cases with my advocate had either already started or were
on their initial stage. So I could not actually witness how
framing of issues is done.

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 6. MAINTAINING LIST OF DEFENCE WITNESSES
Defence witness notices. It requires the accused in a criminal case
to give the prosecutor and the court a notice indicating whether
he or she intends to call any witnesses at trial and giving details of
those.
7. GETTING UNCERTIFIED COPIES OF CROSS-EXAMINATION
Certified copy of order, mean, the final order of court, and having the
seal and stamp of court .Certified copy of order are useful, in case of
execution of the order, or in case of Appeal .Certified copy can be
applied by making an application to the Registry of concerned Court,
along with nominal fees for the order.
In case of "urgent requirement some additional amount has to be
deposited.
"Urgent order" can be obtained within a week, and the normal might
take 15 days.
8. OBSERVING EXAMINATION-IN-CHIEF
I was allowed to assist the Advocate in the Examination-in-chief of
the witness. Observed how the questions are to be put in such
examinations and the restrictions on such question. It is done to
question own witness. The questions are of the nature that would
require descriptive answers and allow the witness to explain his
story. No leading questions are allowed to be put to the witness. The
questions are in the form of who, what, when where ,why, how,
describe, explain, tell etc.
9. ASSISTING IN CROSS EXAMINATION
The objective of the cross examination is to test the veracity of the
witness of prosecution.
10. OBSERVING FINAL ARGUMENTS
I witnessed the final arguments of case under Section 375 read with
376 of the Indian Penal Code. The case related to false allegations
upon the client of the advocate by the girl for the sexual intercourse
on the promise of marriage. The accused was acquitted by the
Hon’ble Court of Session. A number of precedents were placed
before the judge and a chain of facts was established to crystallize
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the attempt made by the alleged victim to malign the reputation of

the accused.
As it was the first day of my internship, I was made to sit with Sir in
his office and see how he works. As it was Saturday, therefore, he
had no proceedings in court. He was working on Arbitration and
was preparing his arguments.
Few new things, which I was introduced to that day, while observing
the draft were;
● LOA-letter of award/acceptance
● LOI-letter of investigation
● RFP-request for proposal
● ROW-right of way
During the observation we were asked to notice all the mistakes
made by sir and they were to be corrected later. This way he made
sure that I’m actually paying attention towards how a arguments are
drafted.

PROCEEDINGS IN THE COURT:

Upon the calling of the name of the case, on the date fixed, we went inside the
court. The
Defendant was also present along with us. My lawyer explained to the Judge
that due to some
reason the earlier lawyer left the case and he was now the new counsel for
the defendant.
Vakalatnama was presented and accepted by the Judge. The reader adjusted
it in the case’s file. The counsel for the plaintiff was present along with the
plaintiff himself. He filed the replication statement. Replication is a reply, filed
by the plaintiff against the written statement of defendant. The judge read it a
little and asked the reader to attach it in the file. Pleading were completed on
that day. Next date was fixed for presentation of other important documents
on which parties rely and to substantiate their claims.
My opinion and observations as follows:
● It is little cumbersome for the lawyer to handle the case from in between.
The task of lawyer multiplies as he has to understand the case from the
beginning.

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● The court proceedings were taken in very calm manner. The judge didn’t
speak much and accepted the Vakalatnama and replication statement.
● The proceedings took time of just 5 minutes.
Rest of the day I spent in the office reading the files and understanding the
way law is applied practically. My Advocate made me familiar with few
procedural aspects of Code of Criminal Procedure and Civil Procedure Code. I
had observed the clients coming in the chamber and the way my Advocate and
his associate dealt with them.
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Place - Lawyer’s Chamber,( Brahman

para, Mr.Ashok Kumar Sen)
A general discussion was done with the advocate to learn how a case
is planned and initiated. I was made to understand that the basis of
giving directions to a case starts from the beginning itself at the time
of filing of petition or written submission. All the possibilities
regarding remedies available or the flaws in petition, as the case
may be, should remain on the tips of a lawyer, which of course
depends on the experience. A lawyer should have an open mind and
remain alert with the developments in the surroundings. There are
several different types of cases which are related to different special
knowledge like medico-legal cases, so a lawyer should have a basic
understanding of each and every special field.
In the end I was also made to understand that while dealing with
your client one should not forget that the legal profession should not
be treated “only” as a “source of livelihood”, rather at the same time,
one should not forget his duty towards society, which obligation, in
the capacity of an advocate, increases when, the litigant belongs to
needy and lower strata of the society and further, is sometimes even
illiterate.

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 CONCLUSION

In the end, I would like to opine that the real legal practice is
absolutely different from the theoretical version of law which we
study. Without exposure to the real word, one cannot understand
the analytical and positive application of law and jurisprudence and
the actual function and structure of law. What we study is the body,
but what we have learnt from his internship is the mechanism of
this body. I was surprised to see how the simplest of laws were
applicable in the most difficult of situations and how loopholes leave
so much scope for evaluation and improvisation today in this field. I
also observed that law is everything but constant but with the same
soul as that of a human. In other words or as that of our counsel,
laws may come and law may repeal, but they must always stay true
to our original values and in case of law, they must always be faithful
to the constitution, which is the most supreme law of the land and
governs all equals and unequal’s in respect of each other.
With a vote of thanks and gratefulness for reading this report
thoroughly and for giving me this wonderful opportunity to grow
my vision in this field, I conclude this report with a great lot in my
mind. My sir has specifically warned me regarding cross
examination of the witnesses in the criminal matter to be very
cautious as (what not to be “asked” is more important than (what is
to be asked) from the witnesses.