Moot court Internship Comprehensive Report

Submitted to Amity University, in partial fulfillment of the requirement for

the Degree in Law

SUBMITTED BY:
Name of the student: Bhavya Pandey
Enrollment No.
A3221518203
Under the supervision of:
Vaish Associates Advocates Law Firm
Name of the Faculty Guide
Dr. Madhuri
Year-2023
 CERTIFICATE OF THE FACULTY SUPERVISOR

It is to certify that Ms. Bhavya Pandey is pursuing (BBA. LL. B (H) from
Amity Law School, Amity University Uttar Pradesh and has completed her
Summer Internship under my supervision. During her internship training she
learnt various court craft. The comprehensive report submitted is found to be
original and suitable for submission.

Date: ______________ Name of the Faculty: Dr. Madhuri

Signature________________________

Designation_______________________

DECLARATION
I, Bhavya Pandey pursuing BBA. LL. B (H) from Amity Law School, Amity
University, Uttar Pradesh, do hereby declare that the Comprehensive Report
submitted by me of my Moot Court Internship (course code- LWMI100) is an
original work and has not been submitted, either in part or full anywhere else
for any purpose, academic or otherwise, to the best of my knowledge.

I have quoted all case analysis that have been witnessed by me during my
internship. I have not submitted anything that comes under the confidentiality
clause of my Industry Guide. I have not infringed any copy rights.

Signature:
Date: ----------------- Name of the Student: Bhavya Pandey
Enrollment No.: A3221518203
Program and Batch: BBA. LL. B (H) 2018-23
 ACKNOWLEDGMENT

I take this opportunity to express our profound gratitude and deep regard to
our guide Dr. Madhuri for her exemplary guidance, monitoring and constant
encouragement throughout the course of this term paper. The invaluable
suggestions and inputs given by her from time to time have enabled me to
complete this term paper with ease.

I am obliged to staff members of Amity University, for the valuable

information provided by them in their perspective fields. I am grateful to this
cooperation during the period of my assignment.

Last but not the least, I thank almighty, my parents and my friends for their
constant support and encouragement without which this research work would
not be possible.

Signature of the Student---------------------------------

Name of the Student: Bhavya Pandey
Enrolment No. A3221518203

Date-------------------------------------
S.NO. CONTENTS Number
of pages
Certificate 1
Declaration 1
Acknowledgement 1
1 INTRODUCTION 1
1.1 Introduction to the place of internship 1
1.3 Daily Internship Duties/Responsibilities 8
II Case Analysis 17
III Course learning outcomes 1
 INTRODUCTION
This report is an outcome of the six weeks certificate course of Amity Law School student of tenth
Semester. The main constituents of the report are on all aspects of corporate, civil, and criminal law and
some research work done under these sixty-seven days process, indebt study of related topic and the
weekly report of my work. This internship was very helpful in terms of evaluating my skills in research
and drafting skills. I learnt how to draft bail application, special leave petition etc. I wrote various
research paper for the law firm. I guided them in their task and helped them for preparing presentation
on the landmark case given to us. We even used to go various court like Saket Court, Supreme Court of
India, Rouse Avenue District Court, Tees Hazari and observed various court proceedings.

My daily work was to do research on the prepositions provided to us and I had to make transcripts and
case synopsis of various cases. I daily observed Supreme Court proceedings online. This internship
helped me in increasing my speaking and listening skills. After sometime, I was also given the work of
administration of managing the new batch of interns and make them understand the daily work. Overall,
this internship helped me in drafting, administration, research, listening, speaking and leadership skills.
Now, I am fully equipped with the corporate, criminal, and civil world. Along with I am fully equipped
with search engines like Manupatra, SCC online etc. It was a wonderful experience and this internship
gave me a safe environment to learn and grow. I tried my best to do the justice with my activities and
put it in black and white with the same effort.

Bhavya Pandey
BBA. LL. B (H)
SEMESTER 10-C
 INTRODUCTION TO THE PLACE

Set up in 1971, the growth of Vaish Associates Advocates (“Firm”) is a glowing tribute to
its founder, Late Mr. O.P. Vaish. His visionary leadership, mentoring and hard work has
helped the Firm to emerge as one of the better-known law firms in the country. Since its
inception, it continues to serve a diverse clientele, including domestic and overseas
corporations, multinational companies, and individuals.

Presently, the Firm has operations in Delhi, Mumbai, Bengaluru and associates in almost
all the major cities in India. With increasing complexity in the modern professional and
business environment, the Firm is committed to providing high quality, flexible, client
focused legal and business advisory services.
 DAILY DUTIES AND RESPONSIBILITIES

Week-1
DAY 1:-

 I read 5 FIRs from current cases 2022-23.

 I was asked to prepare a bail application on one of them.
 I started preparing by writing down the facts.

DAY 2:-

 I continued my work with the following bail application.

 Learned and prepared grounds for the same & discussed it with the associates.

DAY 3:-

 Learned the procedure of granting bail, where to go, documents involved.

DAY 4:-

 Completed my bail application and sent it for review.

 Had a meeting with the associates.

DAY 5:-

 Attended Virtual Supreme court hearings & made transcript of all the cases of Hon’ble court no.4

DAY 6 and 7:-

Holiday

Week-2
DAY 1: -

 Researched on the proposition that “anywhere mentioned the Financial Assets under RBI Guidelines
in the NBFC scheme.

DAY 2:-
  I continued my research.
 Learned and prepared grounds for the same & discussed it with the associates.

DAY 3:-

 Assigned research to find out the stamp duty and Registration process of Family Settlement Deed.

DAY 4:-

 I continued my research.
 Ask for any feedback and corrected the mistakes made.

DAY 5:-

 Listed out the registration process and completed my research.

DAY 6:-

 Holiday-Saturday

DAY 7:-

 Official Holiday- Sunday.

Week-3
DAY 1: -

 Research on a preposition where there is no provision given in the Companies act and judge disposed
the case.

DAY 2:-

 I continued my research.
 Learned and prepared grounds for the same & discussed it with the associates.

DAY 3:-
DAY 4:-
Research on the preposition- Is consent of settler is needed when trustee wants to add another
 I continued my research.
beneficiary according to the “Indian Trust Act, 1882”.
 Ask for any feedback and corrected the mistakes made.
DAY 5:-

 Research on - Can a trustee withdraw any amount given to trust fund by the way of contribution?
 Completed both the research and submitted.
DAY 6:-

 Holiday-Saturday

DAY 7:-
Official Holiday- Sunday.

Week-4
DAY 1: -

 Research on a preposition Is it necessary to plead that there is oppression & mismanagement under
Companies Act, if the facts/ evidence sufficiently demonstrates that there is oppression &
mismanagement.

DAY 2:-

 I continued my research.
 Learned and prepared grounds for the same & discussed it with the associates.

DAY 3:-

 Continued with the research.

 Ask for any feedback and corrected the mistakes made.

DAY 4:-

 Research on the preposition - Absence of specific pleading indicating that there is oppression &
mismanagement that cannot be taken as a ground to dismiss the petition.

DAY 5:-

 Completed both the research and submitted.

DAY 6:-

 Holiday-Saturday

DAY 7:-

 Official Holiday- Sunday.

Week-5
DAY 1: -

Researched on the proposition:

1) FSSAI LICENSE for tea registration.

a) Process of Obtaining license
b) Authority for obtaining license
c) Timeline for the same
2) Labelling requirement on the tea packaging.

 Research on Warehouse licensing

DAY 2:-

 I continued my research.
 Learned and prepared grounds for the same & discussed it with the associates.

DAY 3:-

 Continued with the research.

DAY 4:-

 I continued my research.
 Ask for any feedback and corrected the mistakes made.
DAY 5:-

 Completed my research & submitted.

DAY 6:-

 Holiday-Saturday

DAY 7:-

 Official Holiday- Sunday.

Week-6
DAY 1: -

3) Research on following preposition:

4) Can NRI be the trustee in family trust deed under Indian Trust Act?

1. Can the trustee who is also beneficiary can sell the shares of family company for
consideration?

DAY 2:-

 I continued my research.
 Learned and prepared grounds for the same & discussed it with the associates.

DAY 3:-

5) Research on the following Preposition:

6) Suit for damages and non-payment of GST dues.
1. Can we pursue arbitration for the non-payment of GST dues?
DAY 4:-

 I continued my research.
 Ask for any feedback and corrected the mistakes made.

DAY 5:-
  Completed my research & submitted.
DAY 6:-

 Holiday-Saturday

DAY 7:-

 Official Holiday- Sunday.

Week-7
DAY 1: -
Research on:
 Clause in question - “Pricing is quoted based on FOB in accordance with INCOTERMS
2020 of the ICC”

 Can clauses such as shipment date, risk, warranty, and liability operate independently of the
above-mentioned clause or they will be influenced by this clause as well?
DAY 2:-

 I continued my research.
 Learned and prepared grounds for the same & discussed it with the associates.

DAY 3:-

 Continued with the research.

 Research on:
1. The application for deletion of directors. Please do research on “the liability of directors”
1. whether in an arbitrationhas
when communication claim,
beenthe claimant
made can the
between claim an amount
plaintiff which
and the was pertaining
directors to the
of defendant
previous year arbitration agreement. It is stated in the agreement that the agreement can be
extended mutually with the consent of the parties.
DAY 4:-

 I continued my research.
 Ask for any feedback and corrected the mistakes made.

DAY 5:-
  Completed my research & submitted.
DAY 6:-

 Holiday-Saturday

DAY 7:-

 Official Holiday- Sunday.

Week-8
DAY 1:-

 Research on the Prevention of Money Laundering and its latest notifications.

DAY 2:-

 I continued my research.
 Learned and prepared grounds for the same & discussed it with the associates.

DAY 3:-

 Continued with the research.

 Research in reference to Order XII Rule 6 CPC and part admitted liability.

DAY 4:-

 I continued my research.
 Ask for any feedback and corrected the mistakes made.

DAY 5:-

 Completed my research & submitted.

DAY 6:-

 Holiday-Saturday

DAY 7:-
  Official Holiday- Sunday.

Week-9
DAY 1:-

 I went to the Saket District Court.

 Went to the case which I was assigned with my senior associate.
 The case was about POCSO Act where the witnesses got hostile.
 I saw the cross Examination of the witnesses.

DAY 2:-

 I researched about the fake POCSO ACT cases.

 I research about the injury related articles for the case.

DAY 3:-

 Continued with the research.

 Later laid down the facts and synopsis of the case.
 Presented with the argument from the defended side for my associate.

DAY 4:-

 I continued my research.
 Ask for any feedback and corrected the mistakes made.

DAY 5:-

 Completed my research & submitted.

DAY 6:-

 Holiday-Saturday

DAY 7:-

 Official Holiday- Sunday.

 TABLE OF CASE ANALYSIS

S No Name of the Case Name of the Court

Case 1
Shree Bhadra Parks and Resorts Ltd. VS Sri SUPREME COURT OF
INDIA
Ramani Resorts and Hotels Ltd. C.A. No.
370/2022 XVII

Case 2 Aarti Drugs Ltd. v. Maharashtra Pollution SUPREME COURT OF

INDIA
Control Board and Ors. Diary No. 8427-
2022 XVII

Case 3 Nikita Gupta v. Alok Gupta and Ors. DELHI HIGH COURT

Case 4 BANDHUA MUKTI MORCHA VS. SUPREME COURT OF

UNION OF INDIA& OTHERS AIR 1984 INDIA
SCC 802

Case 5 BABAR VS STATE OF UTTAR SUPREME COURT OF

PRADESH INDIA

Case 6 SOUMABRATA PAL

@ SUPREME COURT OF
INDIA
SOUMYABRATA PAL vs. THE STATE
OF WEST BENGAL

Case 7 CHANDRA PRAKASH VS STATE OF SUPREME COURT OF

BIHAR INDIA

Case 8 SWAMINATHAN KUNCHU ACHARYA SUPREME COURT OF

Vs. THE STATE OF GUJARAT & ORS INDIA

Case 9 VISHNU PANDURANG SUPREME COURT OF

INDIA
DALAVIANANNYA GHOSH VS THE
 STATE OF MAHARASHTRA
Case 10 Ram Kumar Gupta v The State (NCT of SUPREME COURT OF
INDIA
Delhi)

Case 11 KULJINDER SINGH vs. THE STATE OF SUPREME COURT OF

PUNJAB INDIA

Case 12 DR. NIKHIL ARORA vs. UNION OF SUPREME COURT OF

INDIA INDIA

Case 13 KULDEEP BISHNOI Versus DEPUTY SUPREME COURT OF

DIRECTOR OF INCOME TAX INDIA
(INVESTIGATION) UNIT

Case 14 ITFAQ SINGH vs. STATE OF MADHYA SUPREME COURT OF

PRADESH INDIA

Case 15 Govt. of Tamil Nadu and Anr Etc Etc and SUPREME COURT OF
Anr. v. Tamil Nadu Makkal Nala INDIA
Paniyalargal and ors etc.

Case 16 Madan vs State of N.C.T of Delhi SAKET DISTRICT

COURT
Case 17 Dr Sahdra Prasad Sinha Vs State of Bihar SUPREME COURT OF
INDIA
Case 18 HARUN KHAN vs. THE STATE OF SUPREME COURT OF
MADHYA PRADESH INDIA

Number of Case Analysis would be as per semester requirement i.e. between 8

and 10 for 5th Sem Students, between 12 and 15 for 7th Sem Students and
between 18 and 20 for 9th Sem Students.
Case 1
Name of the Case: Shree Bhadra Parks and Resorts Ltd. VS Sri Ramani Resorts and Hotels Ltd. C.A.
No. 370/2022 XVII

Name of the court in which the case is listed: Supreme Court of India (Court no. 5)

Facts of the Case: The issue pertains to a disputed settlement between the two companies. The
corporate debtor expressed its intention to settle the dispute by initiating conversation with the financial
creditor via email. The same was agreed upon by both the parties, and the applicant expressed its
intention to withdraw the petition filed under Section 7 of the IBC, with liberty to file fresh application
if settlement agreement is not respected by the corporate debtor. Later, the appellant under the NCLAT
filed a Petition under Rule 11 of the National Company Law Tribunal Rules, 2016, wherein a relief was
sought to allow the IA No.02/KOB/2021 and to pass an order in restoring and reviving the Application
No. IBA /13/KOB/2020 filed under Section 7 of the Insolvency & Bankruptcy Code, 2016 and further
prayed for passing an order in directing the ‘Corporate Debtor’(Appellant’) to comply with the consent
terms in the interest of justice. The respondent contended that the applicant had not contributed its due
towards the settlement. It was also contended that at the time of entering into the aforementioned
agreement, the Corporate Debt or implied that the properties and assets were free of encumbrances, and
that, after examination, the 'Respondent'/'Financial Creditor' discovered a slew of encumbrances, and
both parties came into an agreement 'Addendum' dated November 21, 2012, in which the 'Appellant'/ the
'Corporate Debtor' gave the 'Respondent' instructions. Part of the consideration will be paid to the
creditor's other creditors directly in accordance with the terms of the agreement.

Legal Issues: This case is about the status of a disputed settlement between the parties. It is a company
law matter, where the settlement terms and the resulting amount to be paid are the issues of contention.

Current Position of the Case: The tribunal expounded upon its inherent power, and specified that the
to meet the ends of justice an ‘inherent power’ of a ‘Tribunal’ being ‘Co-extensive with need’ can be
exercised to render justice to the litigants. The instant company appeal was dismissed without costs. The
matter is settled between the parties and the only thing which is remaining is the payment of settlement
amount. The counsel requested a stay of liquidation proceedings and seek some time to pay the
remaining settlement. This was granted by the court
Case 2
Name of the Case: Aarti Drugs Ltd. v. Maharashtra Pollution Control Board and Ors. Diary No. 8427-
2022 XVII

Name of the court in which the case is listed: Supreme Court of India (Court no. 5)

Facts of the Case: This application was filed in the National Green Tribunal's Western Zone Bench
(Pune) to challenge the severe environmental and ecological degradation of waterbodies in the Tarapur
MIDC's vicinity, as well as flagrant violations of various rules and provisions of the Environment
(Protection) Act, 1986, the Water (Prevention and Control of Pollution) Act, 1974, and the Air
(Prevention and Control of Pollution) Act, 1981. Residents in the area, the applicants are fisherman. It
was claimed that this was caused by untreated sewage and industrial effluent being discharged into
waterbodies by industries in the MIDC, Tarapur, as well as unauthorised amounts of effluent being
released into the Arabian Sea at Navapur, far exceeding what was permitted by the Maharashtra
Pollution Control Board. As a result, the traditional fisher folk’s livelihood and the health of the people
who reside in the surrounding area have suffered. Inadequate treatment provided by industries, as well
as collecting network leakages, has led in the regular release of industrial effluent into water bodies,
causing serious deterioration of aquatic ecosystem. Murbe Creek, which runs from Murbe to Mahagaon,
Murbe-Satpati Creek, and the Navapur-Dandi Creek are among the water bodies affected.

Legal Issues: This case involved the filing of applications by the fishermen community to stop the
violation of environmental norms by several companies located in the vicinity.

Current Position of the Case: Several violations were observed on inspections. The court rebuked the
respondents for their utter disregard of the environmental norms and directed them to pay
compensations. The lack of responsibility and accountability on behalf of the pollution control board
officers was also noticed and criticized by the court.

Case 3
Name of the Case: Nikita Gupta v. Alok Gupta and Ors.

Name of the court in which the case is listed: DELHI HIGH COURT (Court no. 1)
Facts of the Case: The issue pertains to a dispute related the the possession of a property. It was agreed
that the entire property measuring 91.50 sq. yards shall be transferred to the plaintiff for a total
consideration of Rs.8.5 Crores, out of which a sum of Rs.1.50 Crores was to be paid vide five cheques of
Rs.30 lakhs in the name of each of the defendants. Though, the total amount was settled at Rs.8.50
Crores for the entire property measuring 91.50 sq. yds., it was agreed that the cash amount of Rs.2.30
Crores was to be made first. Accordingly, on 22.09.2015, a receipt was executed by the defendant No.1,
whereby, the defendant No.1 had acknowledged the receipt of Rs.2.3 crores. On 23.09.2015, when the
husband of the plaintiff went to the site to get the same measured, it was revealed by the defendant No.1
that he had already sold the back portion of the property to some third party and the area which was
intended to be transferred to the plaintiff was about 62.0 sq. yards. After detailed discussion, it was
agreed that the consideration would be reduced proportionately i.e., by 32% and thus, the entire sale
consideration amount of Rs.8.50 Crores was reduced by Rs.2.72 Crores and it was fixed at Rs.5.78
Crores. Therefore, out of the total consideration amount of Rs.5.78 Crores, a sum of Rs.3.80 Crores
stood paid. It was decided that the Sale Deed would be executed on 24.09.2015, upon the receipt of
entire sale consideration. However, the cheques would be deposited by the defendants only after the
delivery of the vacant and physical possession. A Sale Deed was executed and registered by the
defendants in favour of plaintiff on 24th September, 2015. It was stated in the Sale Deed that the
possession of the property in question was delivered to the plaintiff on the spot, however the physical
possession was not given. Also, the cheques were debited from the bank account of the plaintiff on 9th
November, 2015 and 12th November, 2015, without the transfer of the said title of the property. This
resulted in a suit in the district court, which was decided in favor of the defendants.

Legal Issues: The defendant has retained the possession of the property as well as received the payment
of the agreed amount. The sale deed in the said contract is valid and reasonable.

Current Position of the Case: A settlement has been arrived at by both the parties under the
supervision of the court.

1. The respondent has been directed to refund 4.40 crore to plaintiff, which the respondent has agreed to
have received. The said amount shall be paid in two installments, the first one crore must be paid within
a period of 3 months, and the balance payment must be made before a period of 8 months. After the
payment of the entire amount, the sale deed, which was entered into on 24.09.2015, shall be cancelled
on 24.09.2022 by the plaintiff.

2. The respondent may bring a buyer of his own choice, provided he/she pays a consideration greater
than the amount of 4.4 crore, and this 4.4 crore shall be duly paid to the plaintiff. The balance may be
kept by the respondent as profit.

3. The respondent may arrange funds, through which he may make the payment.

4. If the respondent does not repay the said amount, the respondent shall agree to handover the
possession to the plaintiff. A decree shall follow in favour of the plaintiff that he/she is required to
execute. In such a case, the respondent may pursue his/her counter claim for the balance amount.

5. Both the parties have agreed to the terms of the said settlement, and they are required to sign the
same, in addition to the order sheet. An undertaking must be filed and signed by both the parties, and the
failure to do so shall result in the contempt of the Hon’ble Court.

Case 4
Name of the Case: BANDHUA MUKTI MORCHA VS. UNION OF INDIA& OTHERS AIR 1984 SCC 802

Name of the court in which the case is listed: Supreme Court of India (Court no. 5)

Facts of the Case: - As a result of public interest litigation filed in the court, State of Uttar Pradesh was
directed by the supreme court to abolish the use of child labor in the industries and to make certain
policies for benefits of children so that they can have access to education and certain health facilities

Large number of them is reinforced workers, the Constitution and different social welfare laws went to
help the said laborers.

Legal Issues:
 The entire environment in the supposed stone quarries was loaded with residue and it was
difficult for anyone to inhale;
 A portion of the laborers was not permitted to leave the stone quarries and was giving
constrained work;
  There was no facility of giving unadulterated water to drink and the workers were constrained to
drink messy water from a nullah;
 The workers were not having a legitimate safe house in any case, they were living in jhuggies
with stones heaped one upon the different as dividers and straw covering the top which was
excessively low to stand and which didn’t manage the cost of any assurance against the sun
 Also, downpour; a portion of the workers were suffering from constant illnesses; (vi) no pay was
being paid to workers who were harmed because of mishaps emerging in the course of work;
 There were no offices for medicinal treatment or tutoring.

Current Position of the Case: The court discussed the importance of protecting children’s right to
education, health and development in ensuring India progress as a democracy, Article 21 the right to life
and personal liberty, Article 24 prohibits employment of children younger than 14. The court also noted
India obligation under the universal declaration of Human rights. the measures ordered to abolish child
labor set out in an earlier case M.C. Mehta vs. Tamil Nadu 1996 SCC 756, were referenced by the court
and incorporated in orders to the states of Uttar Pradesh and Bihar. The orders included, directing the
states to take steps to frame policies to eliminate the employment of children below the age of 14,
provide compulsory education to all children employed in factories, mining and other industries and also
that the children receive nutrient-rich foods and periodic health check-up.

Case 5
Name of the Case: BABAR VS STATE OF UTTAR PRADESH

Name of the court in which the case is listed: Supreme Court of India (Court no. 2)

Facts of the Case: The applicant is accused of slaughtering of cow under section 3/5A/8 Cow Slaughter
Act, 11 of Animal Cruelty Act and 429 IPC. On the order date 09-11-2020, the applicant submitted the
application that he is innocent and has been falsely implicated in the present case because he is the
owner of the said vehicle which registration no. is UP 61 T 1641 and also claimed that the local police is
harassing him and there is apprehension of his arrest anytime. The applicant had no criminal antecedent.
The applicant was released on anticipatory bill and was told not to misuse the liberty of bail. The AGA
was not in favour of the anticipatory bail and opposed the decision. The court first held in this case that
the applicant is fit for anticipatory bill. On the order date we 07-02-2022, AGA opposed the anticipatory
bill and gave all the facts which proved that the applicant is not eligible for the anticipatory bill as per all
the facts mentioned by opposition.

Legal Issues: The applicant challenged The High Court of Allahabad, whereby the anticipatory bail
application was dismissed by the court Judgement the court of Allahabad was challenged as an SLP in
The Supreme Court of India on the date 02-06-2022 in the court of HON'BLE MR. JUSTICE AJAY
RASTOGI HON'BLE MRS. JUSTICE B.V. NAGARATHNA, SLP was dismissed by the respective
court.

Current Position of the Case: The court held that he isn't eligible for anticipatory bail and can ask for
regular bail after the arrest and the court has disposed of the case.

Case 6
Name of the Case: SOUMABRATA PAL @ SOUMYABRATA PAL vs. THE STATE OF WEST
BENGAL

Name of the court in which the case is listed: Supreme Court of India (Court no. 2)

Facts of the Case: - The State submits that a sum in excess of a crore went from the personal account of
the defacto complainant to the petitioner. The defacto complainant alleges of wrong doings to her while
she was a minor. There is a statement of the victim recorded under Section 164 of the Criminal
Procedure Code to such effect. He draws the attention of the Court to the conduct of the petitioner. He
submits that the petitioner was issued a notice under Section 41A of the Criminal Procedure Code in
response to which, the petitioner appeared before the Investigating Officer where he disclosed his
permanent residence to be at Cooch Behar. He submits that thereafter, four raids were conducted and the
petitioner could not be found at such address. He draws the attention to the Court to the address
disclosed by the petitioner in the affidavit verifying the petition. He submits that the petitioner disclosed
an address at Chandannagore.

The defacto complainant submits that the petitioner was into a relationship with the victim while the
victim was a minor. Offensive photographs and videography of the minor were taken by the petitioner.
Advocate appearing for the petitioner in response denies the allegations of the defacto complainant. He
submits that the petitioner is also a resident of Chandannagore. In response to a query of the Court, he
submits that the petitioner disclosed his permanent residence to be at Cooch Behar in the data uploaded
with the Registrar of Companies in relation to the incorporation of the company.

Legal Issues: In this case the petitioner has filed for anticipatory bail under section 438 of Cr. P. C.

Current Position of the Case: The anticipatory bail application by the petitioner is reject by the court.
After that it goes to Special leave petition in Supreme court where the anticipatory bail was also
rejected.

Case 7
Name of the Case: CHANDRA PRAKASH VS STATE OF BIHAR

Name of the court in which the case is listed: Supreme Court of India (Court no. 2)

Facts of the Case: The petitioner is a resident of Barmer (Rajasthan) and has a huge quantity of illicit
liquor recovered from the vehicle of the petitioner. The name of the co-accused is Manga Ram. The
petitioner is the owner of the liquor which was recovered. The accused has been found involved in
cheating the job aspirants and taking money from then for providing jobs The High Court of Judicature
at Patna stated that the petitioner is unfit for anticipatory bl. In all the dates, the high court dismissed the
anticipatory bail appeal.

Legal Issues: In this case the petitioner has filed for anticipatory bail under section 438 of Cr. P. C.

Current Position of the Case: The anticipatory bail application by the petitioner is reject by the court.
After that it goes to Special leave petition in Supreme court where the anticipatory bail was also
rejected.

Case 8
Name of the Case: SWAMINATHAN KUNCHU ACHARYA Vs. THE STATE OF GUJARAT & ors.

Name of the court in which the case is listed: Supreme Court of India (Court no. 2)
Facts of the Case: Previously, a habeas corpus was filed by the petitioner (paternal grandfather of the
corpus) for protection and production of corpus (5-year-old grandchild) in the Gujarat High Court. The
Hon’ble Court held the custody to the respondent who was the maternal aunt of the corpus. The present
SLP is filed to reverse the impugned order and give custody to paternal grandparents.

Legal Issues: The case involves family law as the case referred to custodial matter of the child

Current Position of the Case: The court considered the facts, leave granted. The impugned judgement
and order shall be stayed.

Case 9
Name of the Case: VISHNU PANDURANG DALAVIANANNYA GHOSH VS THE STATE OF
MAHARASHTRA

Name of the court in which the case is listed: Supreme Court of India (Court no. 5)

Facts of the Case: The petitioner was seeking an anticipatory bail and was ready to deposit the said
amount. The petitioner was not well due to covid and we have no intention to deceive.

Legal Issues: Seeking for Anticipatory Bail u/s 438 CrPC

Current Position of the Case: The Anticipatory Bail got rejected and further stated that grounds of
anticipatory bail are invalid and regular bail can be granted on this matter.

Case 10
Name of the Case: Ram Kumar Gupta v The State (NCT of Delhi)

Name of the court in which the case is listed: Supreme Court of India (Court no. 5)

Facts of the Case: The plaintiff claimed that only 1kg of opium was recovered from the plaintiff which
was an intermediary amount out of the total 171kg of opium. The plaintiff also stated that during the
process of the trial that has been going from past 5 years, in that only 9 witnesses were examined out of
39.
Legal Issues: Petition for a bail under Section 439 of the CrPC read with Section 37 of the NDPS Act.

Current Position of the Case: According to the chargesheet and the allegations on the applicant who is
alleged to be a part of a syndicate which transported the huge amount of 171kg of opium and 1kg was
recovered from the plaintiff’s house. He is refused bail and section 37 of NDPS shall be applicable and
the SLP Dismissed.

Case 11
Name of the Case: KULJINDER SINGH vs. THE STATE OF PUNJAB

Name of the court in which the case is listed: Supreme Court of India (Court no. 2)

Facts of the Case: The petitioner allegedly stated that he was at a bhog ceremony which has been video
recorded as well, court granted interim bail at this stage. The learned counsel of state co accused having
killed the deceased Kulbir Singh & thereafter along with the petitioner wrapped his body in plastic bags
& having disposed it in Bhakra Canal using a particular car, after removing the clothes and shoes so that
to try to make the deceased unidentifiable. License revolver along with 6 live cartridges with axe, even
the allegation against the petitioner as regards aiding his brothers in disposing of the body, is a wholly
faulty investigation. However, nothing stated in any orders passed in this petition would have any
bearing on the merits of the case, which naturally would go as per the evidence gathered in investigation
and led before the competent court, all orders having been passed in the context of only a petition filed
under Section 438 of the Cr.P.C.

Legal Issues: The petitioner pleaded for anticipatory bail under section 438 crpc.

Current Position of the Case: It is also to be observed that in case the petitioner is arrested and
thereafter files any petition under the provisions of Section 439 of the Cr.P.C., that would be considered
wholly on its own merits.

Case 12
Name of the Case: DR. NIKHIL ARORA vs. UNION OF INDIA
Name of the court in which the case is listed: Supreme Court of India (Court no. 2)

Facts of the Case:

 A writ order or direction in the nature of Mandamus commanding the commanding the
Respondent-Authorities to permit the Petitioner to get admission in MD (Tuberculosis &
Respiratory Disease) Course or in the alternatively MS (E.N.T.) Course in the J.L.N. Medical
College (A.N.U.), Aligarh in pursuance of result of NEET PG Medical Examination-2021.
 A writ order or direction in the nature of Mandamus commanding the Respondent-Authorities
to permit the Petitioner to continue course and also pass other consequential order in favour of
the Petitioner.
 Any other writ order or direction which this Hon'ble Court may deem, fit and proper in view of
the facts and circumstances of the case.
 And award cost of the petition in favor of the Petitioner

Legal Issues: This is a writ petition under Article 226 of the Constitution of India.

Current Position of the Case: The Court finds that the present petition has been filed on 10.5.2022, i.e.,
much subsequent to the cut-off date so fixed by the Hon'ble Apex Court, as referred to above. This
Court is unable to subscribe to the contention so raised by the learned Senior Counsel appearing for the
petitioner, as once the cut-off date has been fixed, then this Court cannot turn around the clock while
granting benefit to the petitioner by virtue of allowing the relief. Be that as it may be, the present
petition has rendered infructuous.

Accordingly, the writ petition is dismissed as infructuous.

Case 13
Name of the Case: KULDEEP BISHNOI Versus DEPUTY DIRECTOR OF INCOME TAX
(INVESTIGATION) UNIT 4(3) AND ORS. SLP(C) No. 10329/2022 XIV

Name of the court in which the case is listed: Supreme Court of India (Court no. 2)

Facts of the Case: This Hon'ble Court, on 27th May, 2022, was pleased to pass the following order:
Order passed: "1 Permission to file the Special Leave Petition is granted.

2 Counsel appearing on behalf of the petitioner submits that:

(i) On 13 May 2022, the ACMM at Tis Hazari Courts permitted the petitioner to travel abroad while
declining to impose any new conditions or restrictions (Annexure P-23);

(ii) In the matter pertaining to the petitioner's son, on 9 August 2021, the Division Bench of the High
Court while directing the deposit of the passport of the petitioner so as to enable his son to travel abroad
for education had observed that as and when the petitioner herein would require the passport for genuine
and valid reasons, an application may be made to the court for necessary permission; and

(iii) The petitioner for genuine and bona fide reasons is required to travel to the US for medical
consultation in connection with his thyroid cancer treatment and necessary documents have been
annexed on the record.

3 Issue notice, returnable within two weeks.

4 Dasti, in addition, is permitted."

Legal Issues: Special leave petition is filed.

Current Position of the Case: In the facts and circumstances of the case and considering the fact that
there is already a look-out notice against the petitioner and therefore even if the passport is released in
favour of the petitioner, the petitioner shall not be permitted to travel and even otherwise the High Court
has given cogent reasons while passing the impugned judgment and order, we see no reason to interfere
with the same. However, it is observed that if there is any extra-ordinary medical urgency which require
the operation, it will be open for the petitioner to approach the High Court again and the High Court may
consider the same, subject to the pending look-out notice against the petitioner. The Special Leave
Petition stands dismissed.

Case 14
Name of the Case: ITFAQ SINGH vs. STATE OF MADHYA PRADESH- SLP(Crl) No. 5462/2022

Name of the court in which the case is listed: Supreme Court of India (Court no. 2)
Facts of the Case: The Petitioner is the owner of the vehicle in question which is seized for carrying
large quantity of 3600 liters of foreign liquor. Petitioner is arrested and is being tried for offence
punishable under section 34(2) of M.P. Excise Act,1915.

Legal Issues: Petition for a bail under Section 439 of the CrPC read with Section 37 of the NDPS Act.

Current Position of the Case: LEAVE GRANTED. Aggrieved by the interim order by The High Court
Of Madhya Pradesh at Gwalior in MCRC 9762/2022, refusing to release petitioner on bail, this bail is
allowed.

Along with the conditions of bail by the trail court for bail in this case, the other conditions imposed by
this bench are: -

1. Petitioner shall operate in early disposal

2. No unnecessary adjournment should be made

Case 15
Name of the Case: Govt. of Tamil Nadu and Anr Etc Etc and Anr. v. Tamil Nadu Makkal Nala
Paniyalargal and ors etc etc. C.A. No. 10563-10569/2017 XII

Name of the court in which the case is listed: Supreme Court of India (Court no. 2)

Facts of the Case: The government of Tamil Nadu initiated a scheme as mentioned above. However,
through an order, the government disbanded the posts of MNPs. Later, the posts were revived.
Following that, the Government issued G.O.Ms.No.86 Rural Development and Panchayat Raj
Department, dated 8.11.2011, ordering MNP to be disbanded with immediate effect, citing the
Commissioner of Rural Development and Panchayat Raj's letter dated 6.9.2011, which stated that there
is enough staff in Panchayat Units at Village Panchayat level to look after the works presently being
looked after by MNP, and thus the post of MNP be disbanded and by such process about Rs.73 crores
can be saved. This order was impugned.

Legal Issues: The government of Tamil Nadu initiated a scheme to employ certain educated individuals
(10th standard) with respect to the work of the village panchayats. These individuals were collectively
termed as Makkal Nala Paniyalargal (MNP). A certain amount of honorarium was also to be paid to
these individuals. The dispute concerns the employment and honorarium of these employees.

Current Position of the Case: The state government would provide housing for those who were
stranded. MNP rolls on the date of the issue of G.O.Ms.No.86 dated 8.11.2011 in any one of the vacant
Government posts Schools, Village, Panchayats, town Panchayats, Municipalities, Corporations, Village
Offices, and Taluk Offices are all examples of government entities. and Collector's Offices, as well as in
a variety of other government offices Government of Tamil Nadu Offices and Undertakings throughout
the state of Tamil Nadu, or at any other location as may be required be formed in order to put the new
schemes in place that were introduced in Budget for 2014-2015 and accommodate the MNP, according
to without regard to each candidate's qualifications in their native Taluk or Revenue District, they are
referred to by their age. The said workout must be started right away completed on or before October 31,
2014. If any one of the MNP who could not be accommodated within the said period as stated supra,
though they are eligible to be accommodated the State Government shall pay the last drawn salary.

Case 16
Name of the Case: Madan vs State (N.C.T Delhi)

Name of the court in which the case is listed: THE SAKET DISTRICT COURT, DELHI

 Facts of the Case: The 'victim' of age 11 years, 11 months, and 26 days (was sexually abused by
the accused 'Madan' around 12:30 pm on 06.05.2022 when she went to play ludo at the house of
the Madan.
 The date birth of the victim is recorded 05.10.2010
 On 06.05.2022, Madan was alone in the house, when she was playing ludo, the accused picked
her up and took her to bed and opened her pants.
 He also removed his pants and inserted his male organ in her private part and tried to commit the
wrongful act.
 She raised the alarm and fled the spot and went home.
 She informed about the act to her mother and they launched the FIR.
  Mother is the maid goes to work in different offices and father is the labourer. They have 4
children, three sons and one daughter.
 Forensic report of both the victim and the accused came on 07.05.2022, all the package was
sealed and it stated that there were no injuries to the victim.
 DNA was found in the vaginal and rectum swap. There was presence of the semen in the vagina
and introitus. Also, the semen was found on the jeans of the victim.
 The victim was conscious, well oriented to time, place, and person. The victim does not take bath
and does not change the clothes and no secondary sexually characters developed. Menstruation
did not start.
 The mother and father of the victim later withdraw their statement in the court and stated that
there was money dispute of Rs 6000 between the father of the victim and accused.
 The accused is arrested under the Section 6 of POCSO act, 376-AB and 511 of IPC and the
accused pleaded not guilty.

Legal Issues: Is the case consists of false POCSO case and why the witnesses specially the parents went
hostile?

Current Position of the Case: The case is pending.

Case 17
Name of the Case: Dr Sahdra Prasad Sinha Vs State of Bihar

Name of the court in which the case is listed: Supreme Court of India (Court no. 2)

Facts of the Case: On a complaint from the Assistant Commissioner, Excise that the appellant at the
time of the raid on the New Year Eve did not have any permission of the competent authority for
conducting a cabaret dance in the premises of Bankipore Club, Patna (admittedly the holder of "OFF’
foreign liquor licence), the Sub-Divisional Magistrate, Patna took cognizance of the offences
complained, namely, violation of s. 54(1)(a) read with s. 25(a) and s. 57(c) of the Bihar and Orissa
Excise Act 1915. A revision filed under s. 482 of the Criminal Procedure Code 1973 on the ground that
the allegations in the complaint did not constitute any offence warranting the cognizance was dismissed
in limine.

Legal Issues: Inherent powers of the High Court to quash proceedings taking cognizance of the offence
when the allegations set out in a complaint or the chargesheet do not constitute any Offence-Criminal
Procedure Code 1973 (Act 2 of 1974), s.482

Current Position of the Case: Where the allegations set out in the complaint or the charge-sheet do not
constitute any offence, it is competent to the High Court exercising its inherent jurisdiction under s. 482
of the Code of Criminal Procedure 1973 to quash the order passed by the Magistrate taking cognizance
of the offence. [359B] The instant case was clearly one where the allegations contained in the complaint
did not constitute any offence and the Sub-Divisional Magistrate was in error in taking cognizance of it
and the High Court also ought not to have, in the circumstances, rejected the application of the appellant
for quashing the order of the Sub-Divisional Magistrate. [360E]

The Court was delivered by BHAGWATI, J. There is a club in Patna called Bankipore Club. The
appellant is the Honorary Secretary of that Club. It appears that at about 10.25 p.m. on 31st December,
1975 when the New Year eve was being celebrated at the Club, a raid was carried out by the Assistant
Commissioner of Excise, Inspector of Excise and Sub Inspector (Excise) and it was found that two
women and five men were singing and dancing in the club premises. The Excise Inspector filed a
complaint against the appellant on 2nd January, 1976 charging him with having committed offences
under Section 54(1)(a) and Section 57 (c) of the Bihar and Orissa Excise Act 1915

It is now settled law that where the allegations set out in the complaint or the charge-sheet do not
constitute any offence, it is competent to the High Court exercising its inherent jurisdiction under
Section 482 of the Code of Criminal Procedure to quash the order passed by the Magistrate taking
cognizance of the offence. The question which, therefore, arises for consideration is whether the
allegations set out in the complaint constitute any offence against the appellant.

This was, therefore, clearly a case where the allegations contained in the complaint did not constitute
any offence and the Sub-Divisional Magistrate was in error in taking cognizance of it. The High Court in
the circumstances ought not to have rejected the application of the appellant for quashing the order of
the Sub-Divisional Magistrate. We accordingly allow the appeal, set aside the order of the High Court
and quash the proceedings in Case No. 2(2) 76 Trial No. 285/76 pending in the Court in Mr. S.S.P.
Yadav, Executive Magistrate, Sadar Patna.

Case 18
Name of the Case: HARUN KHAN vs. THE STATE OF MADHYA PRADESH

Name of the court in which the case is listed: Supreme Court of India (Court no. 2)

Facts of the Case: The applicant has pleaded for bail under section 439 of Cr. P. C. The accused had
been in jail for a long period of time. Also, the accused is the permanent resident of Indore district and is
ready to comply with all the conditions imposed by the court. The accused was found with 5 liters of
raw liquor without any license, which is poisonous and unfit for human use. The accused argued that the
liquor cannot be considered as poisonous without the presence of a chemical test report. On 24/04/2021,
the District Court, after all the facts and evidences, states that section 439 of Criminal Procedural Code
is dismissed and bail will not be granted. On 06/05/2022, the high court of Madhya Pradesh also
dismissed all the application of bail.

Legal Issues: The applicant has pleaded for bail under section 439 of Cr. P. C.

Current Position of the Case: The Supreme Court also dismissed the application of bail.
 COURSE LEARNING OUTCOMES

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 world. one can’t 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 this 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 evolution and improvising today in this field
With a vote of thanks and gratefulness for reading this report thoroughly and for giving me this
wonderful opportunity to grow to my vision in this field. I conclude this report with a great lot in my
mind.