CASE STUDY

GURU NANAK DEV UNIVERSITY

UNDER THE ABLE GUIDANCE OF SUBMITTED BY -

MR.ASHU CHAUDHARY NAME: CHAMAN LAL
(ADVOCATE) CLASS : LLB (TYC)
ROLL NO: 10622141804
SEMESTER: VI

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 TABLE OF CONTENS

S.NO. PARTICULARS PAGE NO.

I. TITLE PAGE/COVER PAGE 1

II. TABLE OF CONTENTS 2

III. DECLARATION 3

IV. ACKNOWLEDGEMENT 4

V. INTRODUCTION 5

VI. CASE’S 6-10

VII. INTERNSHIP DIARY CONTENTS 11-25

VIII. LEGAL DOCUMENTS DRAFTED 26-32

IX. CONCLUSION 33

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 DECLARATION

This is to certify that the project report on Case Study which

is submitted by Chaman Lal in partial fulfillment of the
requirement for the degree of LL.B. to St. Soldier Law
College, comprises only my general work & due
acknowledgement has been made in the text to all material
used. Neither the same work, nor any part thereof, has earlier
been submitted to any university for any degree.

Name of the Student: Chaman Lal

St. Soldier Law College

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 ACKNOWLEDGMENT

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

Ashu Chaudhary (Advocate) under whose shadow and
guidance. I have gained a lot from the experience of Mr. Ashu
Chaudhary of standing at Bar which has helped me in gaining
insight into the working of judicial system of our country.

I am also thankful to the entire law faculty for inspiring

guidance, supervision, expert suggestion & encouragement
which helped me to understand the application of law taught
in the actual practice of law in and outside court.

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 INTRODUCTION

This report examines the internship program with Advocate Mr.Ashu

Chaudhary. I have completed my internship under Advocate Mr.Ashu
Chaudhary in the month of Dec-Jan 2023-24 and it was a great learning
experience for me. The internship gave me the opportunity to look inside the
judicial system and its working. I dealt with people directly and looked into
their problems under the able guidance of Mr.Ashu Chaudhary
(ADVOCATE). It was a valuable insight into the actual working of courts and
lawyers.

A great deal about planning, counseling, legal drafting, brainstorming, and

record maintenance is taken up by a lawyer to make a good case. In the
company of Mr.Ashu Chaudhary. I was able to get insight of nitty gritties
involved in preparing a case. With his permission, I was able to observe the
manner in which client counseling is done. Besides this I was able to learn about
carrying out legal research, study of case files of running cases, and preparing of
draft documents of real cases in hand.

It was a rich experience of working of courts and our judicial system and the
role of a lawyer in the delivery of justice.

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 CASE STUDY

CASE : 1

NATURE OF THE CASE : CRIMINAL LAW

LEGAL PROVISION : IPC 419,420,467,468,471,120B / CRPC 311

In the case of Manjot Singh vs Ranjodh Singh and the brief facts are-

DETAILS:
The case was filed against the accused under Section 419, 420, 467, 468, 471 and 120B,
Indian Penal Code. He was arrested on 3.04.2019 and was granted bail under Section 438,
Cr.P.C. on 2.05.2019. After that accused stopped turning up on the dates of hearing.
Summons were issued against witnesses by the court but they remained unserved. Every time
on the date of hearing the magistrate ordered either issuance of new summons or reiterated
the earlier order of finding out the track of the summons. This continued for 3 years.
Anyhow, later the summons got served and the witnesses appeared. Also,on one date of
hearing the accused turned up and gave an excuse that he shifted his residence and couldn’t
get the summons. This reason was also accepted by the court. Again, on later hearings the
accused stopped appearing on the dates. Then, he was declared as ‘Proclaimed Person’ and
bail was cancelled in 2016. What I learnt is that if someone is not appearing in the court on
Court Warrant, the judge can issue Non-Bailable Warrants against him under Section 70 of
Code of Criminal Procedure. This warrant will give powers to police to arrest him at any
moment and at any place. If even after Non-Bailable Warrants he doesn’t care to appear in
the court then the Judge can declare him ‘Proclaimed Offender’ under Section 82 and 83 of
Cr.P.C.

PROCEEDINGS IN THE COURT:

On the earlier date, my lawyer filed an application for recalling of the witness under Section
311 of Cr.P.C. as the cross examination of the witness was not correct. The date was fixed for
filing the reply of the application by the prosecution. But he jumped the date and anotherdate
was fixed by the court. The witnesses can be recalled only if the court allows.

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My opinion and observation in this case is as follows:
● The delay by the court is very unjust and unreasonable. The court didn’t bother to take
strict notice of the summons not being served for 3 years. A period of 3 years got
wasted just because the summons didn’t get served and witness didn’t appear. As a
result the trial got unreasonably delayed. I feel really bad on witnessing such kind of
prevailing conditions in the court.
● Sometimes parties take laws very lightly which leads to delayed disposals. The
accused was declared as proclaimed offender as he didn’t bother to turn up in this
case. Such kind of negligence on the part of parties should be dealt very strictly.

● A right to speedy trial is envisaged in Article 21 of the Constitution which should be

taken care of by every court of law.

CASE : 2

NATURE OF THE CASE : CRIMINAL LAW

LEGAL PROVISION : IPC 323,325,506.

In the case of MANDY Singh vs SHARRY Singh and the brief facts are-

STAGE OF THE CASE: Filing of Complaint

DETAILS:
A complaint was under Section 323, 325 and 506 Indian Penal Code by father-in-law against
his son-in-law. Section 323 relates to punishment for voluntarily causing hurt, Section 325
relates to punishment for voluntarily causing grievous hurt and Section 506 talks about
punishment for criminal intimidation. X, father-in-law, herein, the complainant alleges that
his son-in-law, S herein the accused used to beat his wife, Y and even in 2015 threw her out
of the matrimonial house. She was rehabilitated after some compromises. But condition got
worse and Y made complaint against the accused. A maintenance case is also pending before
the court regarding the same.
The complainant alleges that on 31.8.2015, on rakshabandan day when complainant was
present at his daughter’s house, the accused entered the house and had beaten the
complainant. When the accused gave blows with iron rod on the chest, the complainant was
taken to hospital.

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The file made was submitted at the counter along with the process fees. The very next day
was fixed for the hearing after 2 PM.
The complainant had to appear the next day and get his statement recorded regarding the
whole incident. In the chamber I read the whole complaint and made the client i.e. the
complainant understands the complaint Para wise. A copy of complaint was given to him to
read and take along so that he can revise his statements and doesn’t fumble the next day.

My opinion and observation in this case is as follows:

● The client should be made fully aware and ready before the court’s date.
● The filing counter is separate which makes it convenient for filing the complaint.
Also, the complaint is sent without any day i.e. the very next day after 2 PM.
Good client dealing is very essential.

CASE : 3

NATURE OF THE CASE : CRIMINAL LAW

LEGAL PROVISION : SEC 428 IPC
In the case of Malkit Singh vs. State, I was accompanied by the Advocate sir to the Mediation
Centre of Amritsar District Court which is also known as Samadhan.

A Mediator of Mediation and Conciliation Centre can be as described under the Mediation and
Conciliation Rules, 2004.

Appointment of mediator/conciliator (Rule 2)

(a) Parties to a suit or other proceeding may agree on the name of the sole
mediator/conciliator for mediating between them.

(b) Where, there are two or more sets of parties and are unable to agree on a sole
mediator/conciliator, the Court may ask each party to nominate the mediator/conciliator or
may nominate/appoint the mediator/conciliator, as it deems fit.

(c) Where parties agree on a sole mediator/conciliator under clause (a) or where the
mediator/conciliator is nominated/appointed by the court under clause (b), the
mediator/conciliator need not necessarily be from the panel of mediators/conciliators referred
to in Rule 3 nor bear the qualifications referred to in Rule 4 but should not be a person who

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suffers from the disqualifications referred to in Rule 5.

Panel of mediators/conciliators (Rule 3)

(a) The High Court shall, for the purpose of appointing the mediator/conciliator between the
parties in suits or proceedings, prepare a panel of the mediators/conciliators and put the same
on the Notice Board within thirty days of coming into force of these Rules, with copy to the
High Court Bar Association.

(b) (i) The District & Sessions Judge shall, for the purpose of appointing the
mediator/conciliator to mediate between the parties in the suits or proceedings prepare a
panel of the mediators/conciliators within a period of thirty days of the commencement of
these rules and shall submit the same to the High Court for approval. On approval of the said
panel by the High Court, with or without modification, which shall be done within thirty days
of the submission of the panel by the District & Sessions Judge, the same shall be put on the
Notice Board.
(ii) Copies of the said panel referred in clause (i) shall be forwarded to all the Subordinate
Courts by the District & Sessions Judge and to the District Bar Associations.

(c) The consent of the persons whose names are included in the panel shall be obtained before
empanelling them.
(d) The panel shall contain Annexure giving details of the qualifications of the
mediators/conciliators and their professional or technical experience in different fields.
(e) The panel of mediators/conciliators appointed under Clause (a) and clause (b) (i) shall
normally be for a period of three years from the date of appointment and further extension of
the panel of mediators/conciliators or any mediator/conciliator shall be at the discretion of the
High Court or the District & Sessions Judge with the prior approval of the High Court, as the
case may be.

This was a case of Cheating under section 428 of Indian Penal Code.

Both the parties agreed to settle the matter in Mediation Centre through the Mediator, Anjali
Vohra. But in the place of the victim, his son was present as the victim was outside India.

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Due to the absence of letter of the authority, the matter could not get sorted. And therefore, a
further date i.e. July was assigned to reach settlement.

CASE : 4

NATURE OF THE CASE : FAMILY LAW

LEGAL PROVISION : CRPC 125
In the case of Sahil Suri vs. Shriya Chawla ,
It was a divorce case before the Principal Judge, R.P. Pandey.

Brief facts of the case are-

o Sahil Suri and Shriya Chawla were married each other.

o They were living in East Amritsar but shortly after the marriage, Shriya saw that her
husband was always trying to avoid her.
o Her husband deliberately tried to create misunderstandings so that Shriya leaves him.

o The husband as we got to know was having an extra marital affair and therefore, he
always tried to fight with his wife on petty issues.

o Even the in-laws did not support her. But Shriya was adamant on staying with her
matrimonial family and she did not leave her house.

o Eventually when it became unbearable for her, she went to her parent’s house. And
therefore, the divorce petition was filed by her husband.

CASE : 5

NATURE OF THE CASE : FAMILY LAW

LEGAL PROVISION : SEC 6 ,HINDU MINORITY AND GUARDIANSHIP ACT
In the case of Chetan Kakkar vs. Vibhu Kakkar and brief facts of this case are-

● Both the parties were married to each other and they had a son out of their wedlock.

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 ● The wife after sometime started asking for a separate house from the husband. She did
not like to stay with her in-laws. She used to even ask for expensive gifts which the
husband could not afford but eventually under pressure and because he loved his wife,
he gave in to her demands.

● After their son came into this world, the husband thought things might now change
and maybe she will stop asking for a separate house. But again, the same did not
happen as she was adamant on her decision to get a separate house.

● When the husband did not fulfil her wish, she started torturing the husband. She left
the matrimonial house with their son and told him that she would only come back if
he gets a separate house.

● The husband cannot leave his parents alone in their old age and therefore, he did not
agree to her and filed a divorce case along with the custody of their son.

The matter was a fresh petition was filed for divorce and the custody of the child. A notice was
also issued to the wife/respondent.

CASE : 6

NATURE OF THE CASE : FAMILY LAW

LEGAL PROVISION : CRPC 125

In the case of Shikha Saini vs. Gurinder Singh and the brief facts are-
● Parties are married to each other and it’s been around 19-20 years for their marriage.
And the matrimonial home is in Sector 15, Chandigarh.

● They have two sons out of their wedlock.

● The wife i.e. Shikha Saini was treated badly by the in laws and the husband. She was
tortured badly by the husband and even her sister-in-laws.

● After so much ill treatment, she came back to her parent’s house which is in
Amritsar. And it’s been 11 years that she is asking for maintenance from her
husband. The parties are living separately and are not divorced. Both the sons are
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 living with their father. Custody is with the respondent.
● As per the information given, the respondent is a Homeopathic Doctor and has a
bungalow in Sector 15, Chandigarh. She wants maintenance from her husband but he
is not willing to maintain her.

CASE : 7

NATURE OF THE CASE : FAMILY LAW

LEGAL PROVISION : CRPC 125

In the case of Rajbir Kaur vs. Guri Singh and the brief facts are-

DETAILS OF THE CASE:

This was maintenance suit under Section 125, The Code of Criminal Procedure, 1873 by wife
against her husband. As the maintenance case was pending another application for interim
maintenance was filed. Husband had acted with cruelty from last three years. He had also
thrown her out of the matrimonial house thrice. But after compromises wife was
rehabilitated. Later, husband stopped giving maintenance to the wife and children. Rs 10,000
was claimed on behalf of wife plus school fees and basic maintenance charges for the
children as maintenance. As the proceedings were taking time another interim application
was made due to urgent need as wife was facing financial difficulties.

PROCEEDINGS IN THE COURT:

The date was fixed for the cross examination of the husband. His statement was supposed to
be recorded but before lunch time my lawyer was busy and couldn’t attend the proceedings.
The court gave time after lunch for the cross examination. Meanwhile the accused waited in
the court for some time. After lunch when my lawyer went for the examination the counsel of
the accused gave medical certificate on the behalf of accused. The accused had already left.
Next date of hearing was after one and half month from the present date.

My opinion and observation in this case is as follows:

● The proceedings get delayed as the procedures are must to follow in the interest of
justice and equity which leads to giving long next dates. In the present case, the
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 counsel for the defendant gave medical certificate on behalf of the defendant. The
court had the only option to go by procedure and to accept the medical as a fair reason
of defendant’s absence was present. This led to non-happening of the cross
examination and date was fixed for one and half month.
● The delay in proceeding is sometimes also caused due to the fault of counsel himself
as he is not able to appear some of the times due to busy schedule.
● The witness or the parties many a times intentionally skip the proceedings by
remaining absent in order to delay the proceeding as cause loss to the other party who
in turn suffers the agony of delayed trials.
● The judge has burden of multiple cases at a time due to which fixing of near dates is
not possible.

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 CONCLUSION

In the end, I would like to opine that the real legal practice is absolutely different from the
theoretical version of law which we study. Without exposure to the real word, one cannot
understand the analytical and positive application of law and jurisprudence and the actual
function and structure of law. What we study is the body, but what we have learnt from his
internship is the mechanism of this body.

I was surprised to see how the simplest of laws were applicable in the most difficult of
situations and how loopholes leave so much scope for evaluation and improvisation today in
this field. I also observed that law is everything but constant but with the same soul as that of
a human. In other words or as that of our counsel, laws may come and law may repeal, but
they must always stay true to our original values and in case of law, they must always be
faithful to the constitution, which is the most supreme law of the land and governs all equals
and unequal’s in respect of each other.

With a vote of thanks and gratefulness for reading this report thoroughly and for giving me
this wonderful opportunity to grow my vision in this field, I conclude this report with a great
lot in my mind.

My sir has specifically warned me regarding cross examination of the witnesses in the
criminal matter to be very cautious as (what not to be “asked” is more important than (what is
to be asked) from the witnesses

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