LB :602 MOOT COURT ,MOCK TRIAL AND INTERNSHIP

Kannu Priya
Sec E, Roll No. 497

Internship Diary
2/3/2017
 Day: 1 Date: 1st Feb 2017

On the first day of internship with Pravin Sharma & Associates, I came fully prepared with my
black coat, handbag with notebook, and other usual stuff as I did not want to miss out anything.

Then the next thing Sir did was to ask me to leave everything in his cupboard and carry only one
notebook and pen with me.

As I proceeded to the courtrooms, Mr. Pravin Sharma explained me that each courtroom deals with
specific law like there was a family court, criminal cases court etc

Work environment, people

The work environment was decent. There is a huge degree of flexibility in the working hours and
work given as well.

Though Mr. Pravin Sharma had told me not to ask any questions from him during internship and
only observe him, he himself used to call us and brief us on the case and mannerism to be
adopted in the court.
 Day: 2 Date: 2nd Feb 2017
After reaching the chamber at 10:00 am and meeting Mr. Pravin Sharma, I was asked to read a
case through the file given: -
IN THE MATTER, OF
HARDEVINDER SINGH PETITIONER
VERSUS
STATE OF HARYANA RESPONDENT
Facts: -
The land was first owned by the great grandfather of the Petitioner, which was compulsorily
acquired by the State. The Petitioner was subject to receive the amount of compensation under
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act 2013. The case has been settled and the amount of the compensation had also
been finalized, but the payment has been delayed since more than 20 years.
Thus, this petition is filed for the recovery of the amount of compensation from the State.
 Day: 3 Date: 3rd Feb 2017

In the court of Metropolitan Magistrate, Sh Pawan Kumar, Room No. 369.

I witnessed the Chief Examination of the Prosecution Mrs. Rajnee Sharma, in the case of theft of
gold and cash amounting to Rs 1 Lacs.

The examination started with taking of oath and then brief elaboration about the facts of the case,
where she explained to the court the timing, place, way the gold and cash was stolen from her by
two men. One man holding her neck and another man forcefully snatching things and hurting
her.

Her examination was also simultaneously getting documented by the stenographer and narrated
by the Hon’ble Judge.
 Day: 4 Date: 4th Feb 2017

Today, I was asked to apply for the certified copy of the Order received in a case, where we
represented the matter from the side of the respondent and the order was passed for the dismissal
of the petition made.

While applying for the certified copy of the order, Mr. Pravin Sharma explained me that the
certified copy can be applied for the final or the pending orders. In case of pending orders, first
we need to get the same allowed from the respective judge, then only the form can be submitted.
In case of final order being passed, we can apply for the certified copy by paying the required
stamp duty as per Indian Stamp Act.

Instructions for filling the certified copy application includes: -

1. It should contain the full description of the documents of which the copies are sought and
the dates of the documents
2. Applications for the certified copy/ unauthenticated copy, made by person who is not a
party to the proceedings should also be accompanied by an affidavit of such person specifying
the grounds or reasons for which the copy is required and stating how the applicant is interested
in obtaining the copy.
 Day: 5 Date: 6th Feb 2017

Today I was asked to reach Dwarka Court by Mr. Pravin Sharma. We pleaded for the bail of the
accused.

In the court of Sh. VK Guliya, ASJ, Dwarka Court, New Delhi

Case: - Sanjeev & Ors Vs State

Case Type: - Criminal Case

Matter: - Bail applied

Section: - Under Section 302/ 201/120B/34

Observation: - The Court granted the bail to the accused because in the last hearing main witness
from the prosecution side became hostile. In absence of any other evidence, the bail was granted.
 Day: 6 Date: 7th Feb 2017

Today I was asked to draft a notice of ejectment under Section 106 of the Transfer of Property
Act 1882.

Facts: -

The client and his tenant entered a rent agreement which got terminated in the month of
February, thus, the notice was simply directing the tenant to vacate the property, on and from the
date of receiving the notice, as the end of the rent agreement has also ended the landlord and
tenant relationship.

In the notice, I was also required to mention I case of failure to quit the premises as desired, the
tenant would be termed as trespasser and ejected in the due course of law and the tenant would
also be liable to pay the damages at the rate of Rs 1000/- per diem.
 Day: 7 Date: 8th Feb 2017

In the court of Sh. Ajay Nagar, Special Judge, Tis Hazari.

Case: CBI Vs Sunil Kumar & Ors

We were representing the case from the side of the respondents, but due to absence of the
counsel from the other side, the court gave the next date of hearing, though we first kept waiting
for the counsel
 Day: 8 Date: 9th Feb 2017

In the court of Sh Pawan Kumar, MM, Tis Hazari.

Case: - State Vs Virender Singh & Ors

Matter: - Cross examination of the eye witness which is the security guard in the present case

Facts: -

In this case, due to negligence on the part of the school bus driver and teachers, a school boy fall
from the school bus. Thus, the parents of the child and others approached the security guard at
the school gate and asked about the principal. When it was felt that the principal is not present in
the school, many people entered the school premises and damaged the school properties. Also,
these people entered the personal property of the principal accompanied with the school and
caused damage to the same also. The security guard informed police and locked the school gates
from outside. Thus, four people remained inside the school and were taken by the police under
their custody.

Purpose: - Cross Examination

Questions asked were like: -

1. Can you recognize the faces of the people who damaged the property and created chaos
Ans: - No, since they were many and it was dark, as this happened during evening
2. Can you tell the court, if these are the same persons who were inside the school and were
taken by the police.
Ans: - No, I didn’t see the faces while police took them in custody
3. When were you asked by the police to give your statement
Ans: It was next day after the incidence
4. Were the persons who damaged the property were carrying any weapons
Ans: Yes, they had danda/stick etc….

Thus, the evidence of security guard failed to prove beyond reasonable doubt, the conviction of
our client, thus, the date of next hearing was given by the court.
 Day: 9 Date: 10th Feb 2017

Today, I was asked to draft the application for the grant of anticipatory bail.

Case: State Vs Rahul

FIR No.: 33/2017 US354/354B/34IPC

P.S.: Karawal Nagar

Matter: - First application for grant of anticipatory bail u/s 438 CRPC to the applicant/ Accused
namely Rahul.

The bail application is drafted based on the facts, that the applicant is a law-abiding citizen of
India having good reputation in the society. Also, as per the facts of the case, one complaint was
pending before CAW Cell Yamuna Vihar Delhi between the brother of the complainant namely
Lakhan and sister of the applicant/accused. It seemed that the FIR lodged lateron by the
complainant is a result of false and fabricated story against the accused/applicant.
 Day: 10 Date: 13th Feb 2017

Today, a client visited in front of me in the chamber to meet Mr. Pravin Sharma and I got the
opportunity to witness the practice of Client Interview.

Matter: - Client Interview conducted by the advocate

Approach: - Mr. Pravin Sharma followed the Client Centered approach and tried to identify the
client’s goals.

Objectives of the interview: -

1. Obtain necessary facts and information from the client

2. Try to identify the client’s goals
3. Establish rapport with the client through active listening
4. Time management
5. Establish the relationship of mutual trust and confidence

Structure of the interview: -

1. Making known the objective of the interview and establishing rapport with the client
2. Preliminary identification of the problem and remedy sorted by the client
3. Chronological overview of the problem
4. Assessment of the problem and trying to find solution
5. Advising the client by explaining the law, risks, fee, procedure, warnings if any etc
6. Reassuring the agreement and follow up

I was given the opportunity to witness and take down the notes of facts and information basis the
conversation between the client and Mr. Pravin Sharma.
 Day: 11 Date: 14th Feb 2017

Today again I was asked first apply for the certified copy of relevant extracts of the petition filed
in a pending case, where we were representing the case on behalf of the respondent.

I filled up the required with complete details including details of the parties, date of the order etc
and visited the court of Sh Pawan Kumar, MM, Tis Hazari for the approval required.

Thereafter, I submitted the same along with the amount of Rs 50/- and respective person,
specified on the form the date, by when, we can collect the certified copies.

When I came back to the chamber, then again Mr. Pravin Sharma, was in the mid of the
conversation with one of the clients, which I witnessed and started to take down the relevant
notes about the facts and information which we gathered from the client.
 Day: 12 Date: 15th Feb 2017

Today, I was asked to read one of the case, for which the final arguments were due for hearing
on 17th Feb 2017 io n Karkarduma Court.

Case: - Tarsem Lal Kohli Vs Avtar Singh

Facts: -

In this case, we were representing from the side of the prosecution, who was residing in Canada.
He bought a land through the Property Dealer in Delhi for the purpose of establishing office
which had to be constructed as per the guidelines of the prosecution. The agreement for sale was
broken into instalments out of which two instalments were already paid by the prosecution and
the seller was not allowed as per the agreement to transfer the right to property or mortgage
during the term of the agreement to anyone else. The seller agreed to sell the land to the
prosecution before the allotment of land to himself. Through sources the prosecution got to know
that as per the guidelines of the allotment of land, the seller is not allowed to resell the land. The
Prosecution filed the petition for the recovery of the amount already paid with an interest of 18%
p.a.

During the pendency of the case the defendant died, thus, legal representative of the defendant
were representing the case.
 Day: 13 Date: 16th Feb 2017

Today, I was asked to draft a written statement after going through the petition filed by the
prosecution.

The written statement drafted by myself, consisted of: -

1. Preliminary Objections: - like “That there is absolutely no cause of action in favor of the
Plaintiff and against the Defendant. The suit is therefore liable to be rejected on this ground.”
2. On Merits: - which consisted of para wise reply to the plaint drafted.

The written statement drafted by myself was reviewed and corrected by Mr. Pravin Sharma.
 Day: 14 Date: 17th Feb 2017

Today, I was asked to reach Karkarduma Court for the Final Arguments of Tarsem Lal Kohli Vs
Avtar Singh.

Case: - Tarsem Lal Kohli Vs Avtar Singh

Purpose: - Final Arguments

Observation: - After the presence of both the parties, the final arguments were presented by both
the sides of prosecution and defendant, where we mentioned to the court that the defendant has
failed to adduce any evidence showing that the seller had the right to sell. Therefore, the hon’ble
judge passed the judgement in favor of the prosecution and issued order for the payment of Rs 5
Lacs in front of the court and rest of the amount to be paid till 31st May 2017.
 Day: 15 Date: 18th Feb 2017

Today, I was asked to refer a previously filed application for maintenance under Section 125 of
the Code of Criminal Procedure, 1973 and basis the same and facts of the present case draft a
fresh application under section 125 of CRPC, 1973.

The points that I considered while drafting the application were: -

1. Fact about the legally wedlock of the parties and jurisdiction of the court in deciding the
matter
2. Place and date of marriage and daughter born out of the wedlock
3. Period or time for which they stayed together
4. Reason due to which their matrimonial life got disturbed
5. Repeated attempts from the side of the prosecution to join the respondent
6. Liability of the respondent to maintain the prosecution
7. Employment details of the respondent
8. Details with respect to amount calculated for maintenance required.

The draft was then reviewed and corrected by Mr. Pravin Sharma.
 Day: 16 Date: 20th Feb 2017

In the court of Sh Rajeev Bansal, Karkarduma Court:-

Case: - Pradeep Kr Das Vs Imperial Cropcare Pvt Ltd

Facts: - We were representing the case from the side of the respondent and the case was filed
under the Delhi Shop and Establishment Act 1954, where the prosecution who was the General
Manager of the company filed the petition demanding the amount of Rs 3.27 Lacs for serving the
company for the period June 2008 to Dec 2008. Though, as per the respondent the General
Manager was not performing his services and was served with a notice to show cause, to which
the prosecutor replied pleading for more time. Also, the prosecutor absent himself from the
services during the period June 2008 to Dec 2008, and came to office on 31st Dec 2008 and filed
his resignation.

Observation: - In absence of the prosecution on time, the hearing was adjourned.

 Day: 17 Date: 21st Feb 2017

Today, in absence of Mr. Pravin Sharma, a client visited the chamber, meanwhile I myself took
the initiative of taking down the notes of the facts of the problem of the client.

In few minutes, Mr. Pravin Sharma also joined the conversation. Thereafter, I started going
through a few files present and had not much work to do.

Also, today I tried to understand the manner of filing done by Mr. Pravin Sharma, like Criminal
case files to start with Charge Sheet, Statements given in front of police, petition filed , order etc.

Every page was separately bookmarked, to help the identification of the required document.
 Day: 18 Date: 22nd Feb 2017

Today, I was asked to prepare two affidavits basis the affidavits already filed in other cases.

I did the research work and understood the format of the affidavit and essentials like the below
mentioned: -

1. Details of residence, w/o or s/o etc of the Deponent

2. Facts or points which are required to agreed specifically by the Deponent
3. Statement that the facts mentioned are true to the best of the knowledge of the Deponent
4. Place, Date and Signature of the Deponent

The same was then reviewed and corrected, wherever required by Mr. Pravin Sharma.
 Day: 19 Date: 23rd Feb 2017

Today, I was asked to reach Karkarduma Court by Mr. Pravin Sharma.

In the court of Ms. Rajni Ranga, DV Act

Case: - Sunita Chittauria Vs Arvind

Case type: Domestic Violence

Purpose: - To give maintenance to wife through court

Observation: - We were representing the case from the side of the respondent. We pleaded for
mediation, though the prosecution denied for the same. The hon’ble judge gave us the next date
of hearing for deciding the amount of maintenance to be provided.
 Day: 20 Date: 25th Feb 2017

In the court of Ms. Neha, Tis Hazari.

Case: - Satish Kumar Gupta Vs SC Johnson Products Pvt Ltd

Facts: -

We were representing the case from the side of the respondent. There was an agreement entered
between the parties, where the respondent was required to purchase the products of the
prosecutor and sell the same in the specific areas. The petition is filed by the prosecutor claiming
that the respondent had appointed another dealer for buying the same products within the same
market, impacting the sales of the prosecutor. Though, the facts as per the respondent claim that
the prosecutor was not performing well, thus, the full and final settlement was made with the
prosecutor by the respondent, after sending of the notice to show cause and thereafter another
dealer was engaged for selling the products. The full and final settlement was made through a
cheque in favor of the prosecutor by another dealer engaged, though the prosecutor claim that the
cheque was against some other products which were in stock and not to be considered as full and
final settlement.

Purpose: -

Cross examination of the representative of the prosecutor who was asked with multiple questions
like: -

Q. Do you maintain a ledger for the stock in hand?

A. Yes

Q. How do you get to know of the engagement of another dealer by the respondent?

A. Through the common business stakeholders as nothing like this is left hidden in the
market. Moreover, we received the cheque from the dealer rather than respondent

Q. Did you respond to the notice sent to you to show cause

A. I didn’t receive any such notice. There was no performance issues.

 Day: 21 Date: 27th Feb 2017

Today, I was asked to draft an application for the cancellation of NBW issued against the
accused Vicky @ Rahul and for the restore of his forfeited surety.

Facts: -

The Non Bailable Warrant was issued by the Hon’ble court against the accused and the surety
was also forfeited as the accused was unable to present himself before the court at the time of the
last hearing which was 08.03.2017.

Application was thus drafted keeping the facts mentioned into consideration and the same was
then reviewed and corrected by Mr. Pravin Sharma wherever required.

Thereafter, I again started going through the files and observing the way the same are maintained
by Mr. Pravin Sharma.
 Day: 22 Date: 28th Feb 2017

Today, I spent the time in the chamber by reading the files present on the table, and was asked to
bind one of the case file in orderly manner, by placing bookmarks for easy identification of the
various affidavits, petition, order etc.

Thereafter, was asked to interview a client without much involvement from Mr. Pravin Sharma,
though the advice was provided by Mr. Pravin Sharma.

After that, I was asked to draft a rejoinder which was dictated by Mr. Pravin Sharma.
 Day: 23 Date: 1st March 2017

Today, I was asked to draft a plaint for involving the Court in the matter not decided through
Arbitration as required in the Arbitration Agreement, entered between the parties: -

Case: - SSS Builders Vs NTPC

Facts: - As per the arbitration agreement under the construction contract between the parties, the
matter of dispute was referred for arbitration. Both the parties selected their arbitrators, who were
required to select one more arbitrator together. As per the statement of the arbitrator selected by
the petitioner, he sent reminders to the other arbitrator multiple times but got no reply on the
same, leading to delay in arbitration for more than a year. Therefore, from the side of the
petitioner, we had to draft a petition for requesting the court involvement, in deciding the matter
of dispute.

The language and plaint drafted by myself was reviewed and corrected, wherever required by
Mr. Pravin Sharma.
 Day: 24 Date: 2nd March 2017

Today I was asked to reach Karkarduma Court by Mr. Pravin Sharma.

In the court of Ms. Rajni Ranga, DV Act

Case: - Ex Shelja Saharan Vs Rajinder

Case Type: Domestic Violence

Purpose: - To give maintenance to wife through court

Facts: -

In this case, both the parties came before the court. Prosecution asked for the maintenance
amount from our client.

Decision: -

Basis the facts and circumstances of the case and prior hearing, Hon’ble Judge allowed for the
maintenance amount of Rs 20,000/- to be handed over to the prosecution at the beginning of
every month.