Professional Documents
Culture Documents
Trial Diary
Trial Diary
Submitted by:
CONTENTS
● List of Cases
● Introduction
PART I
● Court Diary
PART II
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INTERNSHIP OVERVIEW
and respect to Advocate Mr. Dinesh Kumar, without whose constant guidance this internship
High Court
District Court
This Internship helped me knowing the application of law. I had seen the interpretation,
function of law in court. It does play a vital role in every individual’s life. It gave life to those
books which I have read. In democratic India, laws are not only a written document but also
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INTRODUCTION
This report examines the internship program with Advocate. My internship with Advocate
experience for me. The internship delivered me insight look of the society through the
medium of court practice, where I dealt with people directly to look into their problems under
the guidance of my senior and other associates with the help of them I was able to complete
my internship with an excellent learning experience. I visited different District Courts, High
Court as per the different matters fixed in courts in daily routine. Where I got an opportunity
to appear before the Hon’ble Judges and Magistrates and also to interact with the prisoners
and to know the reason for the commission of their crime and prisoner’s that seek to utilize
There is rule of law in our society followed in courts, is an aspect equality before the law
which suggest that no person is above law and that every person, whatever be his rank or
Rule of law requires that no person shall be subject to harsh, uncivilized or discriminatory
treatment even when the object is the securing of paramount exigencies of law and order.
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Internship is an important part of academic curriculum because they help one again practical
knowledge and experience required to excel in their respective fields. Legal internship is not
an exception to this rule. Legal internships help law students to decide their respective areas
1. Internship is one of the modes of practical training in the sphere of legal education. Apart
from the moots, legal aid and legal writing it forms the core component of practice
2. The process of internship provides the students with an opportunity to study and examine
the structure and behavior of organizations. It shows to them the nature of legal framework of
the institutions and concerned issues. Students get the benefit of an exposure to law in action
rather than law in books (as acquired in class rooms) and thus help them in due acquisition of
legal expertise. Legal services are the tenth most popular field choice in our student
internship program. Each year, a few dozen students from political science, law, and other
majors do short term internship in laws. Placements can be anywhere from criminal law
firms, to the Department of Justice. Here’s an excerpt from a recent Internship Report.
● Legal internship helps in gaining practical skills and hence gives an edge in the job market.
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ORIENTED.
RESEARCH:
Research constitutes an important aspect of any internship whether it is a law firm or a court
internship. Hence one needs to be well acquainted with various legal research tools, the
DRAFTING:
Drafting skills require lots of hard work and patience. One needs to be well versed with the
various drafting specimens and formatting skills in order to undertake and complete such
assignments properly. Apart from these, assignments may include proof reading of various
legal documents, observance of court proceedings, making notes on various legal issues etc.
1. Supporting the lawyers that come into the office and program. Sitting in on
4. Helping clients if possible and if I am able to since I don’t know much about the
field yet.
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I started interning with Mr. Dinesh Kumar from the 1 st July 2023 to 31st July 2023. His office
is located at Lawyer’s Chamber No.3, IC Colony, Borivali (W), Mumbai - 400103
One skill that I immediately took note of was time management. Everybody was on his or her
toes.
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.
During the 31 days of my internship, the things I learned during my internship can be
enumerated as:
I read case files related to dispute, Divorce under section 13 of Hindu Marriage Act,
1955, Murder, Property Disputes (Title Dispute).
As I did Internship in July, 2023, I didn’t remember the details of each case but I
made notes of few cases which is related to the possession of the property. Brief facts
of the case were: the property was given for re-construction to the contractor by the
client’s Brother who got expired few months after the agreement with the contractor.
The client is the legal heir of him. Now, the contractor failed to give the possession
back to the owner/client at the expiry of consented time period and he let out that
property on rent to someone else. So, the case was about to get the possession back
from such unlawful possession by the Contractor.
3. LEGAL RESEARCH:
One day I was asked to search for a case by one of the Junior Advocate working with
Senior Advocate, while he was preparing on her case. She told me the main points of
her case and asked to search for similar judgements which were held in favor of her
client and also against him. That was the first time I ever did any research before that
I didn’t know what the research is all about. In our law curriculum the research was
taught in 6th Semester i.e. after my internship. Thereafter I researched many times
when being asked. I learnt that in order to get the exact/similar case to our case it take
so much of labour like putting the key words in search engine of the relevant sites like
Manupatra, Indian kanoon, Supreme Court’s Site and thereafter reading of resulted
judgements with a wide array of law books and bare acts and to find out whether the
judgement is related to our case or not be it in our favour or against and I learnt that
while looking for favorable judgements it is also necessary to look for the against
judgements so that we can work more on laying our case stronger by getting the
knowledge/hint what the opposite party may argue before the court.
I also went to the High Court’s Library to look for the judgements of which we have
citations only and also not available on the browser.
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4. COURT VISIT:
On the first day, I was asked to visit court rooms to witness the Court proceedings.
I was advised to take note of everything that happens in a court room. I heard few
cases. They were related to divorce petition, property dispute. That day I learnt
how a judge entertain the arguments of an advocate and what the mannerism an
advocate needs to follow before the court.
I visited the Court with my Lawyer. He was to represent a Divorce Case. We were
representing the appellant side. It just went for 5 minutes and next date was given,
which was after 2 months.
I visited District Court along with my Lawyer, there I learnt regarding the quashing
the proceedings of the F.I.R under Section 406/420 of the Indian Penal Code where
the parties had settled the matter by obtaining the decree of divorce by mutual
consent and there was no survival of criminal cases as registered under the said
sections by the State. This was an important case for me to understand the concept
of FIR.
5. FRAMING OF CHARGES:
As my Lawyer has office in Mumbai, he and his junior lawyers handle the matters at
Trial Court Level also. So, I got the opportunity to witness the process of framing of
charges. For the purpose of framing charge, therefore, the Judge is to consider
judicially whether on consideration of the materials on record, it can be said that the
accused has been reasonably connected with the offence alleged to have been
committed and that on the basis of the said materials there is a reasonable probability
or chance, as we normally call it, of the accused being found guilty of the offence
alleged. If the answer is in the affirmative, the Judge will be at liberty to presume
“that the accused has committed an offence” as mentioned in Section 228 of the
Criminal Procedure Code for the purpose of framing charge. On the contrary, if the
answer is in the negative for want of sufficient material, the Judge shall discharge the
accused as no charge can be framed.
6. CROSS EXAMINATION:
I also learnt how Cross examination is to be done. While cross examining the witness
never allow him/her to be confident ask them twisted question so that they become
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nervous and are not able to answer properly. My Lawyer had asked mostly leading
questions which we were recently been taught in the class.
7. FINAL ARGUMENTS:
I learnt that it means the final statement of a professional debate, or the conclusion of
a speech. It takes place only after both sides of the case have presented evidence and
examined witnesses to the lawyer’s satisfaction. Sometimes this process takes up a
few hours, but depending on the case and the specific charge, proceedings can go on
for days, weeks, or months. The only aspects remaining of the proceedings after the
closing statements have been delivered are the jury’s deliberation, followed by the
delivery of a verdict. Both the content and the delivery of a closing statement are
incredibly important, because it is the last thing a lawyer can say to the jury or judge
before a final decision is made about the case.
8. CLIENT INTERVIEWING:
I was also given the opportunity to sit during discussions with clients. I observed that
my Lawyer listened him patiently and allowed him to finish. He asked some questions
from the client in order to get the full facts and to get the clear picture of the client’s
case. After listening the patiently, my lawyer assures the client you no need to worry
case is in our favour or going in our favour.
I learnt that Lawyer must ensure the client that he is listening and also understanding
his situation. Lawyer can reflect these by noting the points and by interacting with the
client. I witnessed the counselling related to the matter of getting possession back of
the property and divorce matter.
9. OTHER EXPERIENCE:
I was made to read various Orders & rules there under of Civil Procedure Code,
Negotiable Instrument Act, Indian Evidence Act, Criminal Procedure Code.
Thereafter, I was supposed to explain them what I understood & then they explained
me the practical aspect of these provisions.
I also learnt that filing of a case is done at Central Filing Office, where the plaint
along with documents were submitted and along with court fees, which was through
court
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I also learnt that every lawyer maintains a court diary, which proved handy and very
useful as all the details of the cases were entered in the diary with proper date i.e.
previous date and next date of hearing. It proves to be useful as respective cases are
recorded by the lawyer date wise and it saves time to think and search for the cases as
per upcoming date.
I also learnt that it is important to read apex court judgements and keep yourself
sound minded and while dealing with a case read the facts of case very carefully and
try to find out loopholes and then use them in your favour.
Firstly, the fierce competition among advocates shows that sometimes the profession is not
just about fair representation of clients but to even outgrow the fellow advocates.
Secondly, I noticed that there is intense level of paper work involved which further is difficult
to manage for a long time period, as was observed by me during internship that some old case
files were kept in shelves which were eaten up by dust.
GOOD LESSONS
One must always be interactive and in building up good contacts with fellow senior’s good
communication skill is required and try to gain knowledge from them. One should also have
basic knowledge of Criminal Procedure Code, Civil Procedure Code, Evidence Act as lack of
it creates a big hindrance towards the understanding of working of the courts. And as I was
also suggested that one must carry their hard copies of the concerned Acts and codes as they
prove to be very helpful during internship.
The experience was really amazing. I got to interact with a lot of people and I was lucky to
learn a lot from the associates. In law school you read the law but while interning you get to
apply it, so overall, I got to learn more about law and its application from my internships.
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PART - II
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Anand Kumar
----------------Petitioner No.1
Versus
Surbhi Kumar
-----------------Petitioner No.2
1. That The marriage between the parties was solemnized on 31/06/2015 at Mumbai, by
Hindu rites and ceremonies. The said marriage was consummated thereafter and the
parties co-habited as husband and wife at the matrimonial home i.e. Mumbai.
2. The particulars showing the details of the parties to the present petition is given
hereunder:
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Husband Wife
Residence Residence
Before Marriage
At the time of
filling the
Petition
2. That there is no issue out of the wedlock of the parties. (or describe the name age and date
of birth of the children and also described about the agreement about the custody of the
3. That the parties could not adjust with each other due to temperamental differences and
their marriage has broken down irretrievably and it is now not possible between the parties
4. That all the efforts of reconciliation between the parties to continue the present marriage
has failed and there are no further chances of reconciliation between the parties any more.
5. That the parties are residing separately since 06/07/2016 and there is no cohabitation
6. That the parties have now decided to dissolve the marriage legally through a decree of
divorce on mutual consent. The parties have settled all their claims, counter claims etc. and
the respondent wife has received her entire Stridhan, Permanent alimony, maintenance etc.
and there is no due with regard to any other claim between the parties now.
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7. That the party has decided to withdraw all the complaints, counter complaints against each
other.
9. That there are no other divorce proceedings pending before any other court.
10. That the matrimonial home of the parties was at New Delhi, hence this court has the
11. That there are no legal impediments in grant of the decree of divorce to the parties on the
PRAYER
It is most respectfully prayed that the court may accept the present petition and grant a decree
of divorce between the parties thereby, dissolving the marriage between the parties.
Any other order which the court may deem fit and proper in the facts and circumstances of the
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Police Station:
-------------Applicant
Versus
station Mumbai
-----------------Respondent
1. The meaning of Criminal Miscellaneous Petitions in general cull out from the
application filed before the criminal court in or otherwise in the criminal proceedings
on different actions of reliefs for some privilege, right, benefit or for an action”. In
general, Criminal Miscellaneous Petition is an application filed into the Court for
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2. The Criminal Miscellaneous Petitions are one of the important tasks of the
Petitions will start even before registering the case by way of Anticipatory bail
application. The Criminal Miscellaneous Petitions may be filed even at the inception
same. The Courts must cautious while dealing with these petitions with regard to their
3. The orders passed in these petitions are mostly interim in nature, some of the petitions
are for specific purpose and some period either interim or final. When a petition is
memo filed before the court of law need not be treated as a petition. The main
difference between petition and memo is that memo is nothing but brining a fact to
the notice before the court of law and no relief can be sought for in a memo, however,
where a petition is filed requiring some relief from the court, a notice to opposite
see whether the relief sought is provided under the Criminal procedure Code or not.
and notice shall be ordered to the opposite party. Having heard both the parties, a
detailed order has to be pronounced. In a day to day, criminal courts come across
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5. When a petition is filed under section 239 of Criminal Procedure Code in a Magistrate
Court and under Section 227 of Criminal procedure Code in a court of Sessions,
seeking discharge of accused from the warrant case or Sessions case, , before allowing
that petition, the Court has to see whether there is any prima facie case appears
against the accused. The court has to find out whether or not allegations made are
groundless so as to order discharge. The court is not expected to go deep into the
matter and hold material would warrant a conviction. What needs to be considered is
whether there is a ground for presumption that offence has been committed and not
where ground for convicting the accused has been made out.
6. When a petition is filed before the Magistrate of, I Class Court, seeking discharge of
accused in a case exclusively trial by the Court of Sessions, the Magistrate cannot be
discharge the accused, in view of the decision reported in AIR 1978 SC 514 in
between Sanjay Gandhi vs. Union of India. A criminal petition for discharge of
accused in summons case is not at all maintainable. It was held by the Hon’ble
Supreme Court of Indian in a case in between A. Prasad vs. Rooplal Zindal reported
in AIR 2004 SC 4674 that a criminal miscellaneous petition for discharge of accused
summons which is not permissible under law. It was held by Hon’ble Supreme Court
State of Jharkhand that when a petition is filed seeking for discharge of the accused,
the court cannot look into the documents produced by the accused.
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7. Petition filed by the accused under Section 309 of Criminal Procedure Code, where a
witness is present in a court but a party or his advocate is not present or the party or
his advocate though present in a court , is not ready to examine or cross examine the
witness, the court may, if it thinks fit , record the statement of witnesses and pass such
orders as it thinks fit dispensing with the examination of witness in chief or cross
examination of that witness as the case may be. Trial Court cannot be permitted to
flout the mandate of Sec.309 (1) of Criminal procedure Code, unless the court has
very cogent and strong reasons. No court is permitted to adjourn the examination of
witnesses who were in attendance beyond the next working day. It was held in Thampi Vs.
State of Kerala reported in 1994(1) ALT Criminal -69, that Order of Sessions Judge directing
Advocate of accused to deposit an number of Rupees one thousand for adjourning a Sessions
trial at his instance to be paid to witnesses present as day costs Not legal. Power of Court to
adjourn proceedings on such terms as it thinks fit does not include power to direct Counsel to
pay costs. Counsel cannot be identified or equated with that of a party. When witnesses
are present, adjournment shall not be granted without examining them except for special
reason for adjourning the trial when witnesses are present. Advocate seeking adjournment can
examine. If both of them do not avail opportunity without adequate reasons, Court can record
8. Section 310 of Criminal procedure Code. In some cases, the accused comes with a
petition under section 310 of Criminal Procedure Code by praying the Court to make
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local inspection in some cases any judge or Magistrate may, at any stage of the
inquiry, trial or other proceeding, after due notice to the parties, visit and inspect any
place in which an offence is alleged to have been committed, or any other place in
which it is in his opinion necessary to view for the purpose of properly appreciating
the evidence given at such inquiry or trial, and shall without unnecessary delay record
shall form part of the record of the case and if the prosecutor, complainant or accused
or any other party to the case, so desires, a copy of the memorandum shall be
9. In some cases, the accused comes with a petition under section 310 of Criminal
procedure Code by praying the court to make local inspection, but it is not desirable
for the court to do so. In a decision held in between Vathadu Venkanna vs. State of
Andhra Pradesh, our Honourable High Court held that “ local inspection by presiding
10. Generally, we come across with petitions filed under section 311 of Criminal
procedure Code by praying the court to recall witnesses who were already examined,
power under Section 311 of Criminal procedure has to be exercised to find out the
11. When the prosecution filed a petition under section 319 of Criminal Procedure Code,
praying the Court to proceed against other persons other than the accused who are
facing trial, the court can pass orders basing on the examination in chief itself, there is
which
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was held in a case in between Gangadhar Nandagiri Swamiji vs. State of Uttar Pradesh
12. In some occasions, the accused used to file petitions under section 91 of Criminal
Procedure Code to summon the documents. At the time of framing charges, the court
has to examine the material which is produced by the prosecution and it cannot
summon any document at the instance of accused, the same was held by the Hon’ble
Supreme Court of India in a case in between State of Odisha vs. Devendranath Padi.
13. In cases relating to applications for return of case property for interim custody, the
court pass an order for interim custody after ascertaining the ownership of that
property with a direction to produce the same as and when required or directed by the
Court.
Criminal Miscellaneous Petition used to be filed by the accused in criminal cases are
bail applications filed under Section 436 of Criminal Procedure Code and Sec.437 of
Criminal Procedure Code before the Magistrate Court and Sec.438 of Criminal
Procedure Code and Sec.439 of Criminal Procedure Code before the Sessions Court
for seeking the bail against the accused who is in judicial custody . Under Section 436
seeking bail applications against the accused who is in judicial custody seeking
protection from arrest under section 438 of Criminal Procedure Code. There is a
separate topic in this workshop for discussion about the bails, Anticipatory bail.
Therefore, there is no need to refer anything more in respect of the bail applications.
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PRAYER
It is therefore, prayed that Hon’ble court may kindly be pleased to order that the
applicant be enlarged on bail and for this humble act of kindness, this Applicant shall
Dated:
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