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Nitish Internship Diary

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INTERNSHIP DIARY

MOOT COURT, MOCK TRIAL & INTERNSHIP


LB-501

LAW CENTER-2

FACULTY OF LAW
UNIVERSITY OF DELHI

UNDER THE GUIDANCE OF:- SUBMITTED BY:-


Mr. CHANDRA GUPTA MAURYA NITISH CHAND
(ADVOCATE)
SECTION:- C
CLASS ROLL NO:- 202604
EXAM ROLL NO:- 20311806285

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TABLE OF CONTENT

S.NO TOPIC PAGE No


i. Declaration 3
ii. Internship Certificate 4
iii. Acknowledgement 5
iv. Introduction 6
v. Factual and Analytical Experience About the Internship 7-9
vi. PART A:- Court Internship Cases 10-15
vii. PART B:- Drafting 16-22
viii. Conclusion 23

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DECLARATION

I, Nitish Chand student of 5th semester LL.B. hereby declare that this
report as compiled by me under internship program is based on my own
experiences and observations to the best of my knowledge and
understanding in its duration and the same which is submitted therefore
to Law Centre - 2, Faculty of Law, University of Delhi is a reliable
document and is of bonafide nature.

DATED: 20/12/2023

NAME: NITISH CHAND

ROLL NO: 202604

EXAM ROLL NO: 20311806285

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ACKNOWLEDGMENT
It is my pleasure to be indebted to various people, who directly or
indirectly contributed in the development of this work and who influenced
my thinking, behavior, and acts during study.
I am thankful to the Mr. Chandra Gupta Maurya and their advocates
for their support, cooperation, and motivation provided to me during
the training for constant inspiration, presence, and blessings.
I also extend my sincere gratitude to other advocate members in the
chamber who provided their valuable suggestions and precious time
in accomplishing my project report.

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INTRODUCTION

Importance of Internship Diary:-


Education programs for law students have been of great advantage to them.
The objective of such programs is to provide an understanding of the human,
social and policy contexts of law and legal practice. This objective is met
through the Legal Internship. Internships fulfill an important component of
both academic and practical education in law. The integration of
professional experience into the learning process is highly effective in
developing the understanding of law in action, as you are able to observe
and perceive the relevance and application of theory to practice.
Consequently, the program is not simply ‘work experience’ but a significant
educational experience.

In a workplace setting one will be exposed to the reality of the practice of law
in all its dimensions:-

1) The integration of different areas of law, policy issues;


2) The application and development of skills to the analysis and
resolution of client concerns;
3) Ethical responses to situations which arise unexpectedly and
spontaneously;
4) Issues of professional responsibility including responsibility to
clients and case management;
5) The operations of the government and court system in the legal process.
6) These subjects provide the theoretical knowledge and ethical
framework necessary for you to appreciate the operation of the
‘law inaction’.

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FACTUAL AND ANALYTICAL EXPERIENCE ABOUT THE INTERNSHIP

During the span of one months of my internship in the guidance of Mr.


ChandraGupta Maurya, I visited several courts to observe various stages
of all types of cases like civil, criminal, POCSO, Insolvency, arbitration, and
debt recovery cases.

I had visited to many different court proceedings. I have attended plenty


of case proceedings with Mr. ChandraGupta Maurya and he taught
me many things about the court.

We also did discussion on various matters when reaching to court like what
the matter is, how he will be going to represent the case before the Hon’ble
Bench. Many times, I had to sit in the court and listen to other matters so
that I must get the knowledge about what is happening in the court. In
many cases I have also took the next date or pass over’s as we had plenty of
matters in a single day.

LEGAL INTERNSHIPS ARE PRIMARILY RESEARCH AND DRAFTING


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 prominent being Manupatra, Lexis Nexis, Westlaw etc.

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. and other task
depending on the nature of the internship.

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

1. FRAMING OF CHARGES:

As my Lawyer has office in New Delhi, 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 beat liberty top
resume “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.

2. CROSS EXAMINATION:

I also learnt how Cross examination is to be done. While cross examining


the witness never allows him/her to be confident ask them twisted
question so that they become nervous and are not able to answer
properly. My Lawyer had asked mostly leading questions which we were
recently been taught in the Class.

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3. CLIENT INTERVIEWING:

I was also given the opportunity to sit during discussions with clients. I
observed that my Lawyer listen 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 favors or
going in our favors.

I learnt that Lawyer must ensure the client that he is listening and also
understanding
hissituation.Lawyercanreflectthesebynotingthepointsandbyinteractingwit
hthe client. I witnessed the counseling related to the matter of getting
possession back of the property and divorce matter.

4. 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.

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PART A: -
COURT
INTERNSHIP
CASES

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CASE:-1
BEFORE THE COURT OF Ms. RICHIKA TYAGI, CIVIL JUDGE(02) WEST,TIS
HAZARI DISTRICT COURTS DELHI
C.S.NO.1010/2020
IN THE MATTER OF:
Ms. PRABHJOT KAUR...................................................................... PLAINTIFF
Versus
Mr. PARAMJEET SINGH .................................................................. DEFENDANT
Date of hearing: 05/08/2023
SUBJECT MATTER: suit for permanent injunction.
CASE FACTS:
In this case plaintiff claims to have share in the suit property bearing no. B-11A, ground
floor, Fateh Nagar, New Delhi- 110018 and plaintiff filed this case to restraining them
from interfering in any manner and also from dispossessing the plaintiff from suit
property. The late grandfather of the plaintiff.
S. Raminder Singh the suit property was bequeathed to his other son i.e., uncle of the
plaintiff after the registration of the sale deed created by plaintiff late aforementioned
grandfather in the favour of her late father which has in turn given further space for the
creation of the gift deed in her favour. It is stated by the plaintiff that property is a part and
parcel of the HUF estate to which the defendant stands as KARTA.

OBSERVATIONS:

Plaintiff is directed to file reply to the application U/s 10 CPC before the NDOH and also
supply an advance copy of the same to the defendant. Put up for arguments on the application
U/s 10 CPC and interim application on next date.
NEXT DATE OF HEARING: 24.12.2023

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CASE:-2
IN THE HON’BLE COURT OF THE DISTRICT & SESSIONS JUDGE, TIS
HAZARI COURTS (CENTRAL), NEW DELHI
CIVIL SUIT NO.23 OF 2021 IN THE
MATTER OF:
Bhupinder Singh ................................................................ PLAINTIFF

Versus
Joginder Kaur and ors ........................................................ RESPONDENTS
Date of hearing: 10.10.2023
SUBJECT MATTER: suit for partition with separate possession and use and occupation
charges.
BRIEF FACTS
Plaintiff is the son of defendant no.1 sister and plaintiff grandfather Late Mr. Harnam Singh
and Late Mr. Harnam Singh made a will at the time of his death that states that all of his
property movable or immovable and in that will plaintiff mother was given the property of
sister of Late Mr. Harnam Singh and other sister were given suit property bearing no. 33/23,
old Rajinder Nagar, New Delhi. But plaintiff sold the property given to her mother and wants
share in the property of other sisters of plaintiff mother. Plaintiff wants 1/12th share in the
suit property or wants rent of 5000/- per month.
OBSERVATION:

The suit for partition with separate possession and use and occupation charges along with
notice of application u/Rules 1&2 of Order XXXIX CPC be issued to all the defendants on
PF/RC within a week and process be also served on defendants by way of Whatsapp and E-
mail through Nazarat Branch for 13.09.2021.
NEXT DATE OF HEARING: 13.01.2024.

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CASE:-3

IN THE HON’BLE COURT OF MS.RISHIKA SRIVASTAVA LD, S.C.J TIS


HAZARI COURTS, DELHI
C.S. No. 459 OF 2020

IN THE MATTER OF:

S. Harpreet Singh ..................................................................................Plaintiff

Versus

Smt.Narinder Jeet Kaur & Anr ............................................................. Defendants

DATE OF HEARING: 17.10.2023

SUBJECT: suit for permanent injunction.

BRIEF FACTS:

Petitioner claims that he is entitled to the suit property of his grandfather as it is his ancestral
property. Defendants claims that the petitioner is not entitled to claim any share in the
property or the alleged compensation from the respondents as plaintiff has no legal share in
the suit property as he is not a legal heir to the property of Late Sh. Raminder Singh. Plaintiff
mother had divorce and taken the custody of the plaintiff at that time all the disputes were
settled between them hence plaintiff is not a legal heir.

OBSERVATION:

Petitioner is legally entitled to his share in the property as he was the grandson of the late. Sh.
Raminder Singh and divorce will not affect anything in the share of the ancestral property.

NEXT DATE OF HEARING: 04.07.2024.

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CASE:-4

IN THE COURT OF MS.SUNITA KHOLI, ADDITIONAL DISTRICT COURT


JUDGE, TIS HAZARI, DELHI
M No. 293/2021

IN THE MATTER OF:

Sh. Saranjit Singh Ahulwalia ........................................................................ Plaintiff

Versus

Sh. Jasbir Singh .............................................................................................Defendant

DATE OF HEARING: 25.10.2023


SUBJECT: execution petition with respect to compromise decree on the behalf of plaintiff
BRIEF FACTS:
The plaintiff prays for the execution of the interim order.
OBSERVATION:
In case the defendant failed to comply with the order passed by the Hon’ble court. Then to

issue NBW’s against him and to send him in the custody as well as to register FIR for non

compliance of the order passed by this Hon’ble court.

NEXT DATE OF HEARING: 04.04.2024.

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CASE:-5
IN THE COURT OF DISTRICT AND SESSION JUDGE, DWARKA, NEWDELHI
Appeal No. 85 of 2021
IN THE MATTER OF:-

Sh. Rahul Dev Dutt ................................................................................. Appellant

Versus

Ms. Prity Khastgir .................................................................................... Respondent


DATE OF HEARING: 02.11.2023.

SUBJECT: Appeal under section 29 of the protection of women from domestic violence,
2005.

BRIEF FACTS:

It was mutually settled it was agreed by and between both the parties that they shall withdraw

their respective cases filed against each other or their family members and further undertook

to not to file any case in future. On the basis of this MOU they filed joint divorce petitions

under section 13(B)(1) and 13(B)(2) of HMA, 1955 before the Ld. Principal Judge and their

respective statements were recorded and resultantly a divorce decree passed on 23.04.2018

where after both the parties were separated. the Respondent despite being from legal

profession not only she has failed to give due regard to those words, instead she is

consistently abusing and mocking the process of law by making one after the other false

statements in courts and also retracting from her undertakings given in the court which

strictly amount to contemptuous acts.

OBSERVATION:

The Respondent had filed the instant case which is entirely concocted, self-invented and

manipulated stories, false series of events leveling false allegations with a sole purpose to

harass the respondents and to extort illicit gain. However, now despite the parties already

been divorced and as per the mutual terms settled between them.

NEXT DATE OF HEARING: 10.02.2024


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PART B: -
DRAFTING

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DRAFT:-1

IN THE HON’BLE COURT OF THE DISTRICT & SESSIONS JUDGE, TIS


HAZARI COURTS (CENTRAL), NEW DELHI
CIVIL SUIT NO. OF 2020 IN
THE MATTER OF:
Bhupinder Singh ........................................................................ PLAINTIFF

Versus
Joginder Kaur and ors .................................................................RESPONDENTS

WRITTEN STATEMENT ON BEHALF OF


RESPONDENT 2.

MOST RESPECTFULLY SHOWETH:

PRELIMINARY OBJECTIONS:
1. That the suit is not maintainable as no cause of action arose in favour of suiter and

against respondents to file the present suit hence is liable to be dismissed.

2. That the suiter has not come with clean hands before this Hon’ble Court and for

suppressing the relevant and material facts this suit is liable to be dismissed. The suit has

nothing to do with alleged property and the same is lugging with a sole motive to abuse

the process of law and gain the unjust enrichment of law in order to fetch illicit

advantage from respondents, therefore, is liable to be dismissed at its very threshold.

3. That the present suit has not been verified as per rules Hon’ble High Court of Delhi,

hence the same is liable to be dismissed.

4. That without admitting the facts of the case and without prejudice to the rights and

defence of the answering respondents, it is submitted that the petitioner is not entitled to

claim any share in the property or the alleged compensation from the respondent as Late

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Sh. Harnam Singh made the WILL DEED to divide the property between four daughters

as mentioned in the will deed Joginder Kaur, Mohinder Kaur, Gursharan Kaur will get

each floor of suit property and elder daughter will get property of Late Sh. Harnam

Singh. Sister, Roop Kaur situated at 1/A, Ramesh Nagar, New Delhi.

REPLY ON MERITS:

1. That the Para no.1 in suit is wrong and denied as plaintiff is not a law abiding citizen.

2. That the Para no.2 and 3 in suit is matter of record thus needs no reply.

3. That the Para no. 4 and 5 in suit is wrong, incorrect and hence denied. It is denied that

all four daughters of Late Sh. Harnam Singh Mongia are legal heirs to all his assets or suit

property, as alleged.

The contents of the foregoing paras and last para of the preliminary objections may kindly be

read as part hereof which are not repeated herein for the sake of brevity and to avoid

repetition.

4. That the para no.6 and 7 in suit is matter of record thus needs no reply.

5. That the para no.8 in suit is wrong, incorrect and hence denied. It is denied that suit

property was devolved equally on defendant 1 and defendant 2 and Late Smt. Gursharan

Kaurand, Late Smt. Amrit Kaur, as alleged.

The contents of the foregoing paras and last para of the preliminary objections may kindly be

read as part hereof which are not repeated herein for the sake of brevity and to avoid

repetition.

6. That the para no. 9 in suit is matter of record thus needs no reply.

7. That the para no.10 in suit is wrong, incorrect and hence denied. It is denied that

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Plaintiff, defendant 5 and 6 are having share in suit property, as alleged.

The contents of the foregoing paras and last para of the preliminary objections may kindly be

read as part hereof which are not repeated herein for the sake of brevity and to avoid

repetition.

That the para no.11 and 12 in suit is wrong, incorrect and hence denied. It is denied that there
th
is malafide intentions of any of defendant and plaintiff have 1/12 share in the suit property, as

alleged. The contents of the foregoing paras and last para of the preliminary objections may

kindly be read as part hereof which are not repeated herein for the sake of brevity and to

avoid repetition.

8. That the para no.13 in suit is wrong, incorrect and hence denied. It is denied that legal

heirs of Late Sh. Harnam Singh namely Mrs. Amrit Kaur along with Mrs. Gursharan Kaur ,

Defendant 1 and Defendant 2 become the joint owners of the suit property, as alleged.

The contents of the foregoing paras and last para of the preliminary objections may kindly be

read as part hereof which are not repeated herein for the sake of brevity and to avoid

repetition.

9. That the para no. 14 in suit is wrong, incorrect and hence denied. It is denied that

defendant no.1 and 2 are liable to pay a sum of Rs. 5000 per month to the plaintiff in respect

to share of 1/12 in suit property, as alleged.

The contents of the foregoing paras and last para of the preliminary objections may kindly be

read as part hereof which are not repeated herein for the sake of brevity and to avoid

repetition.

10. That the para no. 15 and 16 in suit is wrong, incorrect and hence denied. It is denied

that plaintiff has share of 1/12 in suit property and want separate possession as well as its use

and occupation charges to the extent of his share.

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It is denied that defendant no. 1,2,3 and 4 have tried to dispose off the suit property in order

to frustrate the share of the plaintiff, as alleged.

The contents of the foregoing paras and last para of the preliminary objections may kindly be

read as part hereof which are not repeated herein for the sake of brevity and to avoid

repetition.

11. That the para no.17 in suit is matter of record thus need no reply.

12. That the para no. 18. In suit is wrong, incorrect hence denied . It is denied that

defendants might create 3rd party rights and dispose of the suit property in order to defeat the

rights of the plaintiff and other defendants in the said property as there is no right of plaintiff

and defendant 5 and 6 in said property,as alleged. The contents of the foregoing paras and last

para of the preliminary objections may kindly be read as part hereof which are not repeated

herein for the sake of brevity and to avoid repetition.

13. That the para no. 19 in suit is wrong , incorrect hence denied that 1/12th share of the

plaintiff as all legal heirs of the decreased are deemed to be in joint and constructive

possession of the suit property, as alleged.

The contents of the foregoing paras and last para of the preliminary objections may kindly be

read as part hereof which are not repeated herein for the sake of brevity and to avoid

repetition.

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DRAFT:-2
IN THE COURT OF MS. SUNITA KHOLI, ADDITIONAL DISTRICT
COURT JUDGE, TIS HAZARI, DELHI
EX No. 2021

IN THE MATTER OF:

Sh. Saranjit Singh Ahulwalia………………………………………………….plaintiff

Versus

Sh. Jasbir Singh…………………………………………………………….…Defendant

EXECUTION PETITION WITH RESPECT TO COMRPOMISE DECREE


ON THE BEHALF OF PLAINTIFF

The plaintiff prays for the execution of the interim order. The particulars where of

are stated in the column hereunder: -

1. NO.OF PETITION

2. Name of parties As per title

3. Date of order of which order dated passed Execution


is sought by this hon’ble court

4. Whether an appeal was


Filed against the order
Under execution

5. Whether any payment


has Been received
towards Satisfaction of
order.

6. Whether any application was


Made previous to this and is
So their dates and results.

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7. Amount of costs if
allowed By court

8. Against whom
execution sought.

PRAYER:
That plaintiff humbly prays that the

It is further prayed that in case the defendant failed to comply with

the order passed by this Hon’ble court then to issue NBW’s against him and to

send him in the custody as well as to register FIR for non compliance of the order

passed by this Hon’ble court.

Pass any other order or direction which this Hon’ble court may deem fit

and proper, may also be passed in favour of the complainant and against the

defendant in the interest of justice

PLAINTIFF
New Delhi
Date: 2023 Through
Chandra Gupta Maurya
(Advocate)
Maurya & CO. Law Firm
Ch. No. K-120, K.L Sharma Block
Tis Hazari, Courts, Delhi-110054.

VERFICATION:

I, the above named Complainant/ Applicant verify that the contents of this execution
application are true to our knowledge and belief. Signed and Verified at New Delhi on
this.

PLAINTIFF

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CONCLUSION

In the end, I would like to opine that the real legal practice is different from the
theoretical version of law which we study. Without exposure to the real world,
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 learned from this internship is the mechanism of
this body and how this body works.
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
improvisation today in this field. 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 improvisation today in this field. I also
observed that law is everything but constant with the same soul as that of a
human. In other words, or as that of our counsel, law may come and law may
repeal, but they must always stay true to our original values and in case of
laws, they must always be faithful to the Constitution, which is the most
Supreme law of the land and governs all equals and unequal 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.

With warm Regards,


Yours Faithfully,
Nitish Chand
Section: C
Class Roll No: 202604
Exam Roll No: 20311806285

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