Internship Report

Amity law school, Noida

Internship period- 6 June -6 July

SUBMITTED BY:-

SUBMITTED TO:-

Yash Tiwari (A11911115138)

Mr. Nikhil Kashyap

B.A LLB (H)

Amity law school

Amity law School

Index

Contents

Pg.no.

Acknowledgment

Objectives

Assignment Executed

5-17

Sample assignments

18(kindly refer
hyperlink)
17

Learning outcomes

I would like to express my special thanks of

gratitude to my teacher Mr. Nikhil Kashyap who

gave me the golden opportunity to do this

wonderful INTERNSHIP which also helped me in
doing a lot of Research and I came to know about
so many new things I am really thankful to them.
Secondly i would also like to thank my parents and
friends who helped me a lot in finalizing this
project within the limited time frame.

Objectives as an Intern
Comprehending the duties assigned.
Identify the Role of lawyer in the court.
Studying laws established for jurisprudence.
Understand the action taken by the courts on the
ongoing cases.
Learning the process in which complaints are
managed.

ASSIGNMENTS EXECUTED
In the due course of the internship I was exposed to various functions of
being a lawyer. I gained an in depth understanding and knowledge of the
ways in which the division operated. My assignment included performing
the following tasks:

WEEK 1:

Introduced to the work that is carried by judges interns and functioning

of library and e-library in the Judges library by office staff at the
DISTRICT COURT. Describe how to effectively research through various
journals, books, concerned departments& various software like SCC,
Manupatra etc.
In House databases like:
LEGIS - Legislation of Acts
SUPLIB - Legal Articles

 SUPLIS - Case Indexing

JUDIS -Judgment Information System

CASE STUDY Harde SHUKLA v. Paramjit YADAV

FACTS:- Suit for possession of land to the extent of the share filed in trial
court based on land being ancestral, joint Hindu possession, the said WILL
is null & void. Trial court gives finding that the said WILL is devoid of any
merit & order that the land is ancestral property .On an appeal by
beneficiaries of WILL, the learned appellate judge holds that the
predecessor-in-interest of the parties to the suit, was not ancestral, but
self-acquired and, hence, he was competent to alienate the same in any
manner as he liked; that WILL was validly executed and that the finding
recorded by the learned trial Judge on that score was unsustainable. On
the account of the settlement b/w appellant & the plaintiff, the trial order
was set aside. But Defendant no.5 filed an appeal before the High Court
under Sec-100C.P.C. which held that the appeal is not maintainable.
FACTS IN ISSUE 1:
Whether defendant No. 5 cannot be regarded as an aggrieved party to
assail the impugned decree invoking the jurisdiction of the High Court
under Section 100 of the Code?
2. Whether appeal could lie against a mere finding for the simple reason
that the Code does not provide for such an appeal?
3. Whether regular second appeal could be filed by the defendant No. 5
where the suit has been dismissed by virtue of the dislodging of the
decree of the first appellate court?

4. Whether the finding would operate as res judicata in the subsequent

proceeding?
Principal involved: Three situations have been adverted in Order 41 Rule
22.
Category No. 1 deals with the impugned decree which is partly in favour
of the appellant and partly in favour of the respondent. Dealing with such
a situation, the Bench observed that in such a case, it is necessary for the
respondent to file an appeal or take cross-objection against that part of
the decree which is against him if he seeks to get rid of the same though
he is entitled to support that part of the decree which is in his favour
without taking any cross-objection. In respect of two other categories
which deal with a decree entirely in favour of the respondent though an
issue had been decided against him or a decree entirely in favour of the
respondent where all the issues had been answered in his favour but
there is a finding in the judgment which goes against him, in the preamendment stage, he could not take any cross-objection as he was not a
person aggrieved by the decree. But post-amendment, read in the light of
explanation to sub-rule (1), though it is still not necessary for the
respondent to take any cross-objection laying challenge to any finding
adverse to him as the decree is entirely in his favour, yet he may support
the decree without cross-objection. It gives him the right to take a crossobjection to a finding recorded against him either while answering an
issue or while dealing with an issue. It is apt to note that after the
amendment to the Code, if the appeal stands withdrawn or dismissed for
default, the cross objection taken to a finding by the respondent would
still be adjudicated upon on merits which remedy was not available to the
respondent under the unamended Code.
HELD: Though the High Court has referred to the said pronouncement, yet
it has not applied the ratio correctly to the facts. In the present case, as
we find, the plaintiff claiming to be a co-sharer filed the suit and
challenged the will. The defendant No. 5, the brother of the plaintiff,
supported his case. In an appeal at the instance of the defendant Nos. 1
to 4, the judgment and decree was overturned. The plaintiff entered into
a settlement with the contesting defendants who had preferred the
appeal. Such a decree, we are disposed to think, prejudicially affects the
defendant No. 5 and, therefore, he could have preferred an appeal. The
same having been unsettled, the benefit accrued in his favour became
extinct.

WEEK 2:{A} CASE

STUDY: - Parbin Ali and Another v. State of Assam

Appeal directed against the judgment of conviction and order of sentence

passed by the Guwahati High Court whereby the Division Bench of the
High Court gave the stamp of approval to the conviction recorded by the
learned Additional Sessions Judge, Silchar under Section 302/34 of the
Indian Penal Code (for short the IPC) and order of sentence sentencing
the accused-appellants to imprisonment for life and to pay a fine of
Rs.500/-, in default, to suffer further rigorous imprisonment for one
month.
FACTS IN ISSUE:1. Issue of acceptability of oral dying declaration?
2. Death was caused due to shock and haemorrhage as a result of the
ante mortem injuries in the abdomen caused by sharp weapon and
homicidal in nature?
3. Whether delay in filing FIR is suspicious?
4. Whether such a person receiving certain injuries would be in a position
to speak or not has not been brought out anywhere in the evidence?

HELD: - Having said that the discrepancies which have been brought out
are not material, we may address to the issue of delay in lodging of the
F.I.R. It is perceptible from the evidence that the father-in-law of the
deceased had gone to the police station and lodged the ezahar and,
thereafter, an FIR was lodged. The learned trial Judge has analyzed the
said aspect in an extremely careful and cautious manner and on a closer
scrutiny; we find that the analysis made by him is impeccable. In view of

our aforesaid analysis, we conclude and hold that the appeal is sans
substratum and, accordingly, the same has to pave the path of dismissal
which we direct.
[B] Introduction to some legal terms:per incuriam. :- Per incuriam, literally translated as "through lack of
care", refers to a judgment of a court which has been decided without
reference to a statutory provision or earlier judgment which would have
been relevant. The significance of a judgment having been decided per
incuriam is that it does not then have to be followed as precedent by a
lower court. Ordinarily, in the common law, the rations of a judgment
must be followed thereafter by lower courts hearing similar cases. A lower
court is free, however, to depart from an earlier judgment of a superior
court where that earlier judgment was decided per incuriam.
The Court of Appeal in Morelle Ltd v Wakeling [1955] 2 QB 379 stated that
as a general rule the only cases in which decisions should be held to have
been given per incuriam are those of decisions given in ignorance or
forgetfulness of some inconsistent statutory provision or of some
authority binding on the court concerned: so that in such cases some part
of the decision or some step in the reasoning on which it is based is
found, on that account, to be demonstrably wrong.
[C]. Case Study: Gyan Prasad and Another v. Rattan Lal
Facts: Civil action for recovery of a total sum of Rs 10,45,620/- along with
pendent lite and future interest at @18% per annum. Plaintiff No. 1 is a
registered partnership firm carrying the business of commission agent for
sale and purchase of food grains which advances money to the
agriculturists and charge commission on the sale price of the agricultural
produce sold as determined by the market committee. The respondentdefendant (hereinafter referred to as the defendant) had been
maintaining regular and long standing current account with the plaintiffs.
A sum of Rs.5,80,000/- stood in the name of the defendant towards
outstanding balance and he had acknowledged the same under his
signature in the corresponding account entry in the account books of the
plaintiffs.
Fact in Issue:
(i) Whether a suit for recovery could be decreed when the pleadings and
evidence led by the plaintiffs were at substantial variance;

(ii) Whether the plaintiffs could be said to have established its case,
particularly when the defendant had denied the factum of borrowing any
sum and the signatures on the cash book and no evidence including
document/finger print expert was led by the plaintiffs to establish the
signatures of the defendant in the account books;
(iii) Whether it was obligatory on the part of the plaintiff to prove the
alleged signatures of the defendant in the cash book when they had been
disputed; and
(iv) Whether the admission of the defendant could be assumed in the
absence of clear and unambiguous admission of the party to the
litigation.

HELD:- It is manifest that the signatures are proven by the witnesses and
they have been marked as exhibits without any objection. Thus, there was
no plea whatsoever as regards the denial of signature or any kind of
forgery or fraud. The present case is not one such case where the
plaintiffs have chosen not to adduce any evidence. They have examined
witnesses, proven entries in the books of accounts and also proven the
acknowledgements duly signed by the defendant. The defendant, on the
contrary, except making a bald denial of the averments, had not stated
anything else. That apart, nothing was put to the witnesses in the crossexamination when the documents were exhibited. He only came with a
spacious plea in his evidence which was not pleaded. Thus, we have no
hesitation in holding that the High Court has fallen into error in holding
that it was obligatory on the part of the plaintiffs to examine the
handwriting expert to prove the signatures. The finding that the plaintiffs
had failed to discharge the burden is absolutely misconceived in the facts
of the case.

WEEK 3: RESEARCH WORK RTI (RIGHT TO INFORMATION)

{A} It is an act to provide for setting out the practical regime of right to
information for citizens to secure access to information under the control
of public authorities, in order to promote transparency and accountability
in the working of every public authority, the constitution of a Central
Information Commission and State Information Commissions and for
matters connected therewith or incidental thereto.
The Right to Information Act (RTI) is an Act of the Parliament of India "to
provide for setting out the practical regime of right to information for
citizens" and replaces the erstwhile Freedom of information Act, 2002.
Under the provisions of the Act, any citizen may request information from
a "public authority" (a body of Government or "instrumentality of State")
which is required to reply expeditiously or within thirty days. The Act also
requires every public authority to computerise their records for wide
dissemination and to proactively certain categories of information so that
the citizens need minimum recourse to request for information formally.
This law was passed by Parliament on 15 June 2005 and came fully into
force on 12 October 2005. The first application was given to a Pune police
station. Information disclosure in India was restricted by the Official
Secrets Act 1923 and various other special laws, which the new RTI Act
relaxes. It codifies a fundamental right of citizens.
{B} Due to the Murder of an advocate in REWA, District of Madhya
Pradesh, a strike was declared in that matter today in order to bring
Advocates protection act. Due to the strike the court proceeding was to
be conducted formal and concrete work will be resisted throughout the
day.
So basically the dates were extended in the cases listed with us.
Meanwhile in the free time I did the case study of State of Madhya

Pradesh (Hajeera Bano D/O Shri SharafatBano) Vs. Yunis Khan. The matter
involved section 376 of I.P.C. Here the accused raped the victim for 2
months and is her uncle in relation. He deceived her by promising that he
would find a suitable groom for her as she is like her daughter. These are
the facts of the case we in the present matter defends the accused and
succeeded in getting his bail from High Court by abiding by the provisions
of the sections 439.
Also engaged myself in the understanding of the provisions related to
getting back the custody of property seized by the police during the
investigation or trial. In Order to get back the custody one should always
file an application under section 451 and 457 of Crpc to the court.
451: Order for custody & Disposal of property pending trail in certain
cases.
457: Procedure by police on seizer of the property.
{C} Client approached who narrated that her daughter in- law and her
relatives came in to the house, beat us, took all the jewellery and cash
and threaten them to death. We suggested them to file a complaint or
partiwad under section 9 and section 13 of Hindu Marriage act and also a
complain under section 323, 294,506(b).

WEEK 4:- NOTICE (SECTION 138-NEGOTIABLE INSTRUMENTS ACT)

Mr.Suresh ram Kushwaha v/s Mr.Rohini Prasad Verma.
The notice was filed under section 138 of negotiable instruments act.
Sec 138- [ 138 Dishonour of cheque for insufficiency, etc., of funds in the
account. Where any cheque drawn by a person on an account
maintained by him with a banker for payment of any amount of money to
another person from out of that account for the discharge, in whole or in
part, of any debt or other liability, is returned by the bank unpaid, either
because of the amount of money standing to the credit of that account is
insufficient to honour the cheque or that it exceeds the amount arranged
to be paid from that account by an agreement made with that bank, such
person shall be deemed to have committed an offence and shall, without
prejudice to any other provisions of this Act, be punished with
imprisonment for 19 [a term which may be extended to two years], or
with fine which may extend to twice the amount of the cheque, or with
both: Provided that nothing contained in this section shall apply unless
(a) the cheque has been presented to the bank within a period of six
months from the date on which it is drawn or within the period of its
validity, whichever is earlier;
(b) the payee or the holder in due course of the cheque, as the case may
be, makes a demand for the payment of the said amount of money by
giving a notice in writing, to the drawer of the cheque, 20 [within thirty
days] of the receipt of information by him from the bank regarding the
return of the cheque as unpaid; and
(c) the drawer of such cheque fails to make the payment of the said
amount of money to the payee or, as the case may be, to the holder in
due course of the cheque, within fifteen days of the receipt of the said
notice.
Explanation. for the purposes of this section, debt or other liability
means a legally enforceable debt or other liability.]
Cases filed- Jugal Kishore Arun v. V.A. Neelakandan

Notice format

ADVOCATE NAME
OFFICE
ADDRESS
DESIGNATION
______
_______
CONTACT NO.
__________________________________________________________________
Ref. No.________
Dated: ________
REGISTERED A.D.
To,
1- _______________
2- _______________
SUBJECT: LEGAL NOTICE UNDER SECTION ____OF _____ ACT, _____.
Dear Sirs,
Under instruction and on behalf of our client _______ son of _______,
resident of _______, I do hereby serve upon you with the following notice
under section ___ of the _______ Act
1- That my client ______________.
2- That since ______________.
3- That on ______________.
4- That my client filed a Demand Notice ______________.
I therefore through this Notice call upon you ______________.
A copy of this legal notice is retained in my office for further necessary
action.

Advocates name

{B}Mr. Aushutosh Singh v/s Mr.Rajmani Singh

FACTS OF THE CASE: - THE Case is related to land argument of the

specific areas of respectable lands of s.no-565 of 0.008 acres,0.504
acres,1.24 acres,0.72 acres,0.16 acres,0.065 acres,1.85 acres.
Total-7.04 acres
Money to be paid:-88,25,000 Rs.
Agreement to sale under sec9 and sec 10/20/22 of specific relief act
(1963)
Sec 10- Cases in which specific performance of contract enforceable.
Except as otherwise provided in this Chapter, the specific performance of
any contract may, in the discretion of the court, be enforced
(a) when there exists no standard for ascertaining actual damage caused
by the non-performance of the act agreed to be done; or
(b) when the act agreed to be done is such that compensation in money
for its non-performance would not afford adequate relief. Explanation.
Unless and until the contrary is proved, the court shall presume
(i) that the breach of a contract to transfer immovable property cannot be
adequately relieved by compensation in money; and
(ii) that the breach of a contract to transfer movable property can be so
relieved except in the following cases:
(a) where the property is not an ordinary article of commerce, or is of
special value or interest to the plaintiff, or consists of goods which are not
easily obtainable in the market;
(b) where the property is held by the defendant as the agent or trustee of
the plaintiff.

Section 20:-

Discretion as to decreeing specific performance.

(1) The jurisdiction to decree specific performance is discretionary, and

the court is not bound to grant such relief merely because it is lawful to
do so; but the discretion of the court is not arbitrary but sound and
reasonable, guided by judicial principles and capable of correction by a
court of appeal.

(2) The following are cases in which the court may properly exercise
discretion not to decree specific performance:
(a) where the terms of the contract or the conduct of the parties at the
time of entering into the contract or the other circumstances under which
the contract was entered into are such that the contract, though not
voidable, gives the plaintiff an unfair advantage over the defendant; or
(b) where the performance of the contract would involve some hardship
on the defendant which he did not foresee, whereas its non-performance
would involve no such hardship on the plaintiff.

SAMPLE OTHER
ASSIGNMENTS
1. RETURN MEMO UNDER NOTIABLE INSTRUMENTS ACT (SEC139).

2. AFFIDAVIT FILE UNDER SPECIFIC RELIEF ACT, 1963

PLEASE CLICK ON THE HYPERLINKS TO ACCESS THE DOCUMENTS

OR
FIND THE ATTACHMENTS IN THE MAIL.

LEARNING
OUTCOMES
LEARNING OUTCOMES -This assignment presented me an
opportunity to work and know about the functioning of lawyer
and court proceedings. I learnt how the cases are received,
managed and segregated. The drafting of affidavit under specific
relief act taught me how the complaints are summarized and
worked upon in favour of their goal to protect the right interests
of a client. I was also once asked to summarize the Negotiable
Instruments Act, Some information about the Indian
penal code and code of conduct and proceedings in the

court. Which helped me gain more knowledge about the laws?

1 It helped me to and brings about a change in the way things
work. It most importantly taught me the significance of team
work in our life. While working with sir, other members of office
and my fellow interns, I learnt how teamwork can help bringing
about a difference in the society and how easy the toughest
situations become.

THANKING YOU!