JAGRAN LAKECITY UNIVERSITY

Faculty of Law

Bachelor of Arts - Bachelor of Legislative Law (HONS)

SUMMER INTERNSHIP REPORT

IN PARTIAL FULFILLMENT OF THE REQUIREMENT FOR

THE DEGREE OF

BA LLB (2021-2026)

THE HIGH COURT OF ALLAHABAD, (UP)

Under Advocate Gunjan Jadwani [High Court, Allahabad (UP)]

Period of Internship – 20th of June 2023 - 20th of July 2023

Submitted By: -
Shubhankar Mishra
BA LLB 4th Sem

Date of Submission:
10 - 08 - 2023

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INDEX

INTERNSHIP CERTIFICATE............................................................................3

ACKNOWLEDGMENT......................................................................................4

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

EXECUTIVE SUMMARY..................................................................................6

LIST OF CASES REFERRED.............................................................................7

LIST OF ACRONYMS........................................................................................8

INTRODUCTION................................................................................................9

BEGINNING OF COURT SYSTEM IN INDIA...............................................10

SUPREME COURT OF INDIA.........................................................................13

DETAILS OF ASSIGNMENTS ALLOTED DURING INTERNSHIP............13

INTERNSHIP ACTIVITY DIARY...................................................................19

CONCLUSION...................................................................................................23

LEARNING OUTCOMES.................................................................................24

BIBLIOGRAPHY...............................................................................................24

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INTERNSHIP CERTIFICATE

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ACKNOWLEDGMENT

I have received help and encouragement from my parents and number of people on
completing this report and would like to take this opportunity to thank them all

My most sincere regards to Advocate Gunjan Jadwani for his persistent guidance and
motivating throughout the internship

I express my profound thanks to Prof. Mr. Rishi Bhargava and all those who have helped
me in completing my internship and the report

I perceive this opportunity as a big milestone in my career development and I will strive to
use gained skills and knowledge in the best possible way.

I am also grateful to the entire legal faculty for their inspired direction, supervision,
knowledgeable advice, and support that got me through the tough times I had while studying.

Dated: Shubhankar Mishra

BA LLB 4th Sem

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DECLARATION

I Shubhankar Mishra hereby declare to have undergone Internship with Adv. Gunjan
Jadwani, High Court from 20th of June to 20th of July. I confirm that the Summer Internship
Report entitled “Summer Internship Report” is my original work. I have not copied from
any other students’ work or from any other sources except where due reference or
acknowledgement is made explicitly in the text, nor has any part been written for me by
another person.

Dated: Shubhankar Mishra

BA LLB 4th Sem

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EXECUTIVE SUMMARY

The report entitled “Summer Internship Report” focuses on the activities performed and
assignments completed, which includes preparation of briefs, research work and observation
of court proceedings, during the duration of internship under the Learned Senior Adv.
Gunjan Jadwani

The Report discloses the learning outcomes after gaining experience and knowledge through
performing various activities during the internship.

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LIST OF CASES REFERRED

1. Mohit Jaiswal Vs. State of U.P. and Another, Under Sections 279, 337, 338 and 427
IPC, police station Civil Lines, district Allahabad

2. Ashwani Goel And 2 Others Vs. State of U.P. and Another (According to the parties,
they have arrived compromise for amount of Rs.25 lac which is stated to have been
deposited on 20.12.2021. An affidavit of the compliance is stated to have filed before
this Court but today there is some internet connection problem. Therefore, file is not
before the Court. The Court is unable to go through file.)

3. Sujay U. Desai Vs. Serious Fraud Investigation Office (Case: - CRIMINAL MISC.
BAIL APPLICATION No. - 36790 of 2021)

4. CRIMINAL MISC. WRIT PETITION No. - 2952 of 2022 at Allahabad:

M/S Rs Builders Vs. Directorate of Enforcement and Another

5. SPECIAL APPEAL DEFECTIVE No. - 296 of 2021 at Allahabad: Uma Shankar

Singh Vs. State of U.P. And 2 Others

6. WRIT - A No. - 7111 of 2020 at Allahabad: Akhoury Sudhir Kumar Sinha Vs. Union
of India and 5 Others

7. WRIT - C No. - 23360 of 2021 at Allahabad: Frost International Limited Vs. Bank of
India and 13 Others

8. WRIT TAX No. - 692 of 2017 at Allahabad: M/S Swadeshi Polytex Ltd. Vs. State Of
U.P. And 2 Others

LIST OF ACRONYMS
1. Art...................................................................................................Article

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2. CJI.........................................................................................Chief Justice of India

3. CrPC.................................................................The Code of Criminal Procedure, 1973

4. ED............................................................................................Enforcement Directorate

5. HC...........................................................................................................High Court

6. IPC.........................................................................................Indian Penal Code, 1860

7. Ltd................................................................................................................Limited

8. M.P.................................................................................................Madhya Pradesh

9. NDPS Narcotics Drugs and Psychotropic Substances

10. r/w..................................................................................................................read with

11. SCC.............................................................................................Supreme Court Cases

12. SC.............................................................................................................Supreme Court

13. w.r.t....................................................................................................with respect to

INTRODUCTION

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The High Courts in India play a crucial role in the judicial system of the country, acting as
the second-highest judicial authority at the state and union territory levels. Their
establishment, history, and functions have significantly contributed to the Indian legal
landscape. This article provides an overview of the introduction of High Courts in India.

The foundation of the Indian judicial system can be traced back to the British colonial era.
During British rule, the judicial administration was governed by the Charter Act of 1833,
which led to the establishment of Supreme Courts in major cities like Calcutta, Bombay, and
Madras. These courts exercised jurisdiction over both civil and criminal matters. However,
the necessity of a court system at the state level was recognized to handle regional affairs
more efficiently.

As a result, the Indian High Courts Act of 1861 was enacted by the British Parliament, which
facilitated the establishment of High Courts in various provinces. The High Courts were
intended to exercise control over the respective territories and possess original, appellate, and
extraordinary jurisdiction. The Act led to the establishment of the High Courts in Calcutta,
Bombay, and Madras.

With the Government of India Act 1915, the jurisdiction and powers of these High Courts
were further expanded, granting them authority over cases of revenue, divorce, and admiralty
matters. However, after India gained independence in 1947, the Constitution of India was
adopted, and the judiciary underwent significant reforms.

Under Part VI of the Constitution, the structure and establishment of the Indian judiciary,
including the High Courts, were defined. The Constitution established a single integrated
judiciary for the entire country, consisting of the Supreme Court at the top and High Courts at
the state and union territory levels. Article 214 to 231 of the Constitution elaborates on the
establishment and jurisdiction of High Courts.

Currently, India has 25 High Courts, each serving a specific state or group of states and union
territories. The appointment and removal of judges in High Courts are governed by the
Constitution, which aims to maintain their independence from executive or legislative
interference.

High Courts have extensive powers, including the authority to issue writs for the enforcement
of fundamental rights (Article 226) and the power of judicial review to interpret the

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Constitution and examine the validity of laws and governmental actions. They hear appeals
from lower courts and tribunals, both in civil and criminal matters.

BEGINNING OF COURT SYSTEM IN INDIA

Lord Warren Hastings as well as Lord Cornwallis who started the ‘Adalat system’ in India, In
the year 1772 he laid down the plan in which 4 types of Adalat were present

Sadar Diwani Adalats - The appeals from the mofussil Diwani adalats went to the Sadar
Diwani Adalats

Sadar Nizamat Adalat-It dealt with the appeals from the mofussil Nizamat adalats and sat at
Calcutta.

Mofussil Nizamat Adalats-these adalats dealt with criminal cases. Qazis and muftis helped in
dealing with criminal cases

They made an effort to improve the entire system, and we can argue that it was the
establishment of the legal system that allowed us to get to where we are today.

Powers of the High Court: -

The High Courts in India hold significant powers and authority, acting as the second-highest
judicial bodies in the country's federal structure. Under the Constitution of India, each state
and union territory is served by a High Court, and these courts have a wide range of powers
that cover various aspects of the judicial process. In this article, we will delve into the powers
of High Courts in India.

1. Jurisdiction:

High Courts possess original, appellate, and advisory jurisdictions. Under their original
jurisdiction, High Courts can directly hear cases of significant importance that originate
within their territorial limits. These may include cases involving constitutional issues,
disputes between the state and the central government, and other important matters. High
Courts also have appellate jurisdiction, meaning they can hear appeals from lower courts,
tribunals, and other quasi-judicial bodies operating within their jurisdiction.

2. Writ Jurisdiction:

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One of the most crucial powers of the High Courts is their authority to issue writs. Article
226 of the Indian Constitution empowers High Courts to issue writs for the enforcement of
fundamental rights. Writs include Habeas Corpus (to produce a person in custody before the
court), Mandamus (to command public officials to perform their duties), Certiorari (to quash
orders of inferior courts), Prohibition (to prevent an inferior court from exceeding its
jurisdiction), and Quo Warranto (to question the authority of a person holding a public
office).

3. Judicial Review:

High Courts play a vital role in upholding the principle of judicial review. They have the
power to examine the constitutional validity of laws and actions taken by the government and
public authorities. If a High Court finds a law or action to be unconstitutional or in violation
of fundamental rights, it can strike it down or provide necessary remedies.

4. Civil and Criminal Jurisdiction:

High Courts have extensive jurisdiction in both civil and criminal matters. They can hear
civil disputes involving property, contracts, torts, family matters, and more. On the criminal
side, they can hear appeals and revisions against convictions and sentences imposed by lower
courts.

5. Admiralty and Maritime Jurisdiction:

High Courts have admiralty and maritime jurisdiction, which means they can hear cases
related to maritime disputes, such as those involving ships, cargo, maritime contracts, and
collisions at sea.

6. Power of Superintendence:

High Courts exercise the power of superintendence over the lower judiciary within their
territorial jurisdiction. This power allows them to oversee the functioning of district courts
and other subordinate courts to ensure effective administration of justice.

7. Contempt of Court:

High Courts have the authority to punish for contempt of court. Contempt of court can be of
two types: civil contempt (wilful disobedience of any judgment, decree, direction, order, or
other processes of a court) and criminal contempt (publication of any matter that scandalizes
or lowers the authority of the court).

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 8. Advisory Jurisdiction:

Under Article 214 of the Constitution, the President of India may seek the opinion of the
High Court on any question of law or fact that is of public importance or involves a
substantial question of law. However, this power is rarely exercised.

9. Public Interest Litigation (PIL):

High Courts have played a crucial role in promoting the concept of Public Interest Litigation.
Under PIL, any individual or organization can approach the High Court seeking justice on
behalf of the public or a marginalized group. It allows High Courts to take up cases involving
larger public interest, even in the absence of a direct aggrieved party.

10. Appointment and Transfer of Judges:

The High Courts have a significant role in the appointment and transfer of judges within their
jurisdiction. The Chief Justice of each High Court, in consultation with fellow judges,
recommends candidates for appointment as judges in the High Court and the district
judiciary.

11. Power to Make Rules:

High Courts can frame rules to regulate their own procedures and the practices of the courts
subordinate to them. These rules are essential for efficient functioning and the dispensation of
justice.

12. Interpretation of State Laws:

High Courts have the authority to interpret state laws and statutes. In cases where there is
ambiguity or uncertainty in the interpretation of state laws, the High Courts' judgments
become binding precedents for lower courts within their jurisdiction.

SUPREME COURT OF INDIA

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The Supreme Court of India is the highest judicial authority in the country, established under
Part V of the Indian Constitution. It serves as the final court of appeal and possesses vast
powers to safeguard the Constitution and uphold justice. The court is in New Delhi and
consists of the Chief Justice of India and a maximum of 33 other judges.

The Supreme Court has original, appellate, and advisory jurisdiction. Under its original
jurisdiction, the court can directly hear cases involving disputes between the central
government and states or between states themselves. As an appellate court, it hears appeals
from High Courts and other lower courts in civil, criminal, and constitutional matters.
Additionally, the Supreme Court has the power to issue writs, like High Courts, for the
enforcement of fundamental rights.

The decisions and judgments of the Supreme Court set legal precedents for the entire country.
Its role in interpreting the Constitution, protecting citizens' rights, and ensuring the rule of
law makes it a crucial institution in the Indian democratic system.

DETAILS OF CASES REFERRED DURING INTERNSHIP

1. Mohit Jaiswal And 2 Others vs State of U.P. And Another on 24

March, 20231

Case: - APPLICATION U/S 482 No. - 9798 of 2023

Applicant: - Mohit Jaiswal and 2 Others

Opposite Party: - State of U.P. and Another

Counsel for Applicant: - Ajay Kumar Singh

Counsel for Opposite Party: - G.A.

Bench: - Hon'ble Samit Gopal, J.

Facts: -

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The applicants Mohit Jaiswal, Raj Kumar Jaiswal, and M/s Raj Medical Store, Murdaha
Bazar, Varanasi, through its owner Raj Kumar Jaiswal, have filed this application under
Section 482 of the Criminal Procedure Code with the request to halt all proceedings against
the applicants in Complaint Case No. 2995 of 2023, under Section 18/27 of the Drugs and
Cosmetics Act 1940, Police Station Cholapur, District Varanasi

The applicants' knowledgeable attorney states right away that it would serve their purpose if
an order was passed directing the trial court to decide the applicants' bail application as
quickly as possible. The summoning order and the entirety of the case's proceedings have
been prayed for to be quashed, he continues, but he does not pursue this. He continues by
saying that the applicants must present the trial court with all queries and objections.

In view of the above, the prayer for quashing of the entire proceedings/ summoning
order/charge sheet is dismissed as not pressed.

However, in view of the peculiar facts and circumstances of the case and looking to the
limited prayer of learned counsel for the applicants, it is directed that if the accused-
applicants surrender before the trial court and apply for bail within 30 days from today, the
same shall be considered and decided expeditiously in accordance with law. Till the aforesaid
period, no coercive action shall be taken against the applicants

However, it is directed that if the accused-applicants surrender before the trial court and
apply for bail within 30 days of today, that application will be quickly reviewed and decided
in accordance with the law due to the peculiar facts and circumstances of the case and the
limited prayer of learned counsel for the applicants. No coercive action will be taken against
the applicants during the time frame.

It is clarified that if the accused-applicants do not appear before the court concerned by the
said date, the court concerned shall proceed against them in accordance with law.

2. Ashwani Goel And 2 Others Vs. State of U.P. and Another2

Applicant: - Ashwani Goel And 2 Others

2
2018: AHC:201499

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Opposite Party: - State Of U.P And Another

Counsel for Applicant: - Rajesh Yadav

On December 10, 2019, a request to withdraw Rs. 25 lacs that was deposited in
accordance with the interim order dated April 1, 2019, issued in Criminal Revision No.
1339 of 2019, was filed. The Criminal Revision that the Applicant filed in response to the
order rejecting his discharge application was rejected by this Court by judgement and
order dated 10.07.2019, prompting the Revisionists to request a withdrawal of the sum of
money. The applicant states that the dispute has since been amicably resolved and that the
complainant and the accused agree that a deposit of Rs. 25 lacs made with the learned
Chief Judicial Magistrate, Moradabad, may be allowed to be withdrawn.

The applicant does not request that this Court decide the case on the merits, and this
Court is not inclined to do so. In Case No. 5389 of 2018, State vs. Rahul Rohan Agrawal,
which resulted from Case Crime No. 1385 of 2017, under Sections 406, 420 IPC, Police
Station Majhola District Moradabad, the applicants ask the learned Chief Judicial
Magistrate of Moradabad for guidance on how to rule on their pending application dated
10.12.2019. The magistrate not concluding the application appears to be the source of the
complaint.

Notice to opposing party No. 2 is omitted considering the type of relief requested. In the
circumstances, it is ordered that the learned Chief Judicial Magistrate, Moradabad, before
whom Case No.5389 of 2018, State Vs. Rahul Rohan Agrawal, arising out of Case Crime
No.1385 of 2017, under Sections 406, 420 IPC, Police Station Majhola District
Moradabad is pending, shall proceed to decide the application dated 10.12.2019, made on
behalf of the accused Rahul Rohan Agrawal, within a period of one month from the date
of receipt of a copy of this order.

A computer-generated copy of this order that was downloaded from the High Court of
Allahabad's website must be filed by the parties. The knowledgeable attorney for the
party in question must attest to the computer-generated copy of this order. The concerned
Court is required to confirm the validity of the computerised copy of the order obtained
from the High Court of Allahabad's official website and to make a written declaration of
this confirmation. The copy of the properly verified and attested order must be used by
the Trial Court in its decision-making process.

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3. Sujay U. Desai vs Serious Fraud Investigation

CORAM:

 HON'BLE DR. JUSTICE D.Y. CHANDRACHUD

 HON'BLE MR. JUSTICE SURYA KANT

For Petitioner(s)

 Mr. Mukul Rohatgi, Sr. Adv.

 Mr. Malak Manish Bhatt, AOR
 Ms. Neeha Nagpal, Adv.
 Mr. Vishvendra Tomar, Adv.

For Respondent(s)

 Mr. K.M. Nataraj, ASG

 Mr. Kanu Agarwal, Adv.
 Ms. Deepabali Dutta, Adv.
 Mr. Sharat Nambiar, Adv.
 Mr. Arvind Kumar Sharma, AOR

Facts

Sujay U. Desai, Director, and CEO of M/s F.I.L. Public Limited Company, was
accused of operating a fraudulent Merchanting Trade (MT) business and submitting
false financial information to various banks in order to open Letters of Credit, which
resulted in loss to Public Sector Banks.

The Supreme Court deferred Sujay U. Desai's bail request. Sujay U. Desai, who filed
the petition, objected to the Allahabad High Court's decision from January 28, 2022.
Sujay U. Desai was represented by senior attorneys Siddharth Aggarwal and Mukul
Rohatgi, while the Serious Fraud Investigation Office was represented by senior
attorney K.M. Natraj. On March 14, 2022, the Justices D.Y. Chandrachud and Surya
Kant issued a notice and granted the petitioner's request for leave.

In response to a complaint made by the SFIO team regarding a violation of Section

447 of the Companies Act, Sujoy U. Desai, CEO of M/s F.I.L. Public Limited Co.,

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 was detained. Additionally, the complaint was lodged on May 15, 2020, before the
relevant Court against 69 accusers.

Sujay U. Desai, Director, and CEO, was accused of intentionally submitting a Letter
of Credit opening request with false, misleading, and deceptive documents in order to
get banks to rely on them and grant them credit in the form of opening a Letter of
Credit, along with other similarly situated co-accused individuals.

Additionally, they obtained financing for their MT business while breaking RBI rules
and guidelines.

The director Sujoy conspired with other co-accused foreign entities, other Directors,
and other parties to cause Public Sector Banks to suffer a financial loss of Rs. 7820
crores, according to the averment.

SFIO claimed that the Petitioner and other individuals wrongfully caused Public
Sector Banks to suffer a loss of Rs. 4041/- crores. Sujoy, the petitioner, deceived
Public Sector Banks by showing false and uncollectible MT Trade receivables to the
tune of Rs. 3537 crores, with the assistance of others, in order to lure them into
obtaining credit facilities.

The petitioner in the case of SFIO v. Rotomac Global Pt. Ltd. filed a bail application
under Section 212(14) of the Companies Act, 2013, for offences under Sections 36(c)
r/w/s. 447 and 448 of the Companies Act.

INTERNSHIP ACTIVITY DIARY

Date ACTIVITY OBSERVATION

PERFORMED

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 Visited Session Court All I needed to do on the first day was
for the first time, I had become familiar with the court and
20-06-2023 been asked to report at understand the types of cases that my office's
11:45 AM every day advocates handled the most, which included
and to be present in a both criminal and civil cases
proper dress code
Saturday off Saturday off

Sunday off Sunday off

Sir gave me a case file Was assigned a case file and was asked to
to read and instructed review it
me to frame a response
for it
I was asked to go to Visited Session court with my lawyer. This
court to observe court was an important case for me to understand
proceedings, and I was the concept of FIR
told to take notes on
everything that occurred
there
Read Section 138 of A penal provision of the NI Act, Section 138,
negotiable instruments deals with the penalties for dishonouring a
check. Cheque dishonour is not a crime in
and of itself, but it can lead to one.

Learned how to conduct I learned how to conduct cross examination,

cross examination which involves asking the witness twisted
questions in order to make them
uncomfortable and impair their ability to
respond clearly
Read Section 13 of The various grounds for divorce that will be
Hindu Marriage act discussed in this article are laid out in
Section 13 of the Act of 1955

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Saturday off Saturday off

Sunday off Sunday off

Studied section 376, 406 Gone through the provisions of IPC and
of I.P.C. and observed understood the heinous crime i.e., rape is
proceeding and filings and criminal breach of trust.
at C.J.M.- 1st Class.
Read Act 8,21,22 and Came to know about NDPS Act (Narcotic
section 5(13) of MP Drugs and Psychotropic Substances Act
Drugs control act 1985)
Neither had I been given Since I had very little work to do, the day
any specific work to do was fairly uneventful
nor was I required to
read anything.

Read about land law Learnt that warrant is an authorization to

cases wrt. claim arrest the accused and produce before the
judge. Whereas summon is a legal order
issued to the defendant to appear or produce
a document before
the court.
I used to sit through I discovered that the lawyer must make sure
client conversations. I the client feels like he is listening and that he
noticed that my lawyer understands his situation by asking some
patiently listened to him questions of the client in order to gather all
and let him finish the facts and to get a clear picture of the case
Saturday off Saturday off

Sunday off Sunday off

Read section 13 of Learnt more about Hindu Marriage Act, 1955

Hindu Marriage Act
which is related to
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Divorce , Case was filed
because of dowry
pressure over Plaintiff
Read Sections Got acquainted with the act of CrPC and IPC
324,294,506/34 of IPC and got to know about the substantive and
and the case was filed in procedural laws practice
between the family in practical.
Read a case which is Gone through the provisions of IPC and
related to Section understood the heinous crime
376(2) of IPC
Studied 190 of CrPC Learnt that how the Magistrate is specially
empowered to take the
cognizance of any offence.
Read section 13B HMA Learn about provisions of Hindu Marriage
Act 1955
Saturday off Saturday off

Sunday off Sunday off

Learnt basic Learnt that what are the basic documents that
documentation process are necessary for filing a case
in filing a case.
Understood the Learnt that warrant is an authorization to
difference between arrest the accused and produce before the
warrant and summon. judge. Whereas summon is a legal order
issued to the defendant to appear or produce
a document before
the court
Read case file under Learnt that on account of proven domestic
section 12, 18, 19, 20, violence the magistrate may pass an order of
21, 22 of domestic protection, residence, monetary, custody and
violence act, 2005 and compensation
498A of I.P.C.

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 Personal Day Off Personal Day Off

Personal Day Off Personal Day Off

Saturday Off Saturday Off

CONCLUSION

On the basis of the tasks or assignments allotted and activities performed during the
internship, I gained knowledge about various aspects of law.

1. Working of the High Court of MP.

2. Working of the District Court of Rewa (MP)

Being an intern at the Rewa District Court, which is where I am from, was a really
educational and enriching experience. Overall, this internship helped me improve both
personally and intellectually, and it taught me the difference between the theoretical and
practical sides of law.

Since I have dreamt of becoming a litigator, it has given me an opportunity to create

connections and the knowledge how to make connections. This internship has shown me the
true image of judiciary at district level.

At last, the knowledge that I had acquired in such a short span of time is something that will
last with me forever. And the base that this district court internship has made a greater impact
not only to shape my future but also opened my door to intern next year at High Courts

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LEARNING OUTCOMES

1. Learned about the hierarchy of courts.

2. I learnt the difference about Magistrate and Judge.
3. I got acquainted with the origin and evolution of family court.
4. I got acquainted with several important provisions of the Hindu and Muslim Laws,
Special Marriage Act, Domestic Violence Act and CrPC.
5. Enhancement in communication and reasoning skills.
6. Learnt the usefulness of legal research and sources of obtaining information in a
relatively short amount of time.

7. Writs are filed by institutions or individuals for benefit in their own cases,
whereas, PIL is an application that is filed by any citizen for easing out any undue
botheration or inconvenience faced by the public at large

BIBLIOGRAPHY

During my internship in district court, I referred to several books and online resources.

1. Hindu Marriage Act, 1955

2. Muslim Laws

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3. Special Marriage Act, 1954

4. Indian Penal Code, 1860

5. Code of Criminal Procedure, 1973

6. Family Courts Act, 1984

7. Protection of Women from Domestic Violence Act, 2005

8. IblogPleaders.com

9. Indiankanoon.com

10.blog.scconline.com

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