INTERNSHIP REPORT

THE DISTRICT AND SESSIONS COURT OF VADODARA, GUJARAT.

FROM 16TH DECEMBER 2013- 15TH JANUARY 2014

SUBMITTED TO

BARODA LEGAL SCHOOL OF STUDIES

BY

SAYLI PETWALE

B.A.LLB(HONS.) 2ND YEAR

ROLL NO: 63

MAHARAJA SAYAJIRAO UNIVERSITY, VADODARA

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 ACKNOWLEDGEMENTS

My most sincere regards to Advocate Avadhoot Sumant for his constant guidance,
motivation through the internship.

My regards also to Mr. Ishaan Bhatt and Mr. Raviraj Gaekwad for providing the help and
support

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 INDEX

1. Internship Certificate …………………………………………........2

2. Acknowledgments……………………………………………….....3
3. Advocate Avdhoot Sumant’s profile …………………………..…4-6
4. The District Court of Vadodara …………………………………...7-8
5. Jurisdiction of the District Court and Composition………………..9-10
6. Daily Report………………………………………………………..11-12
7. Description of Prominent Cases…………………………………….13-14
8. Legal provisions related to types of Cases entertained …………….15-17
9. Professional Ethics…………………………………………………..18-19

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 ADVOCATE AVADHOOT SUMANT

PROFESSIONAL PROFILE

 Practicing Lawyer since 1990

 Running the Firm in the name and style of
“The SatyaVidhi & Company”
Advocates & Consultants.
 Broadly practicing on Corporate & Civil Laws.
 Is rendering services as Visiting Faculty and Lecturer in IRMA, M. S. University of
Baroda, Railway Staff College, Institute of Chartered Accountants of India.

Features of Professional pursuits:

1) Has handled large scale, medium scale and even singular acquisition, transfer of
immoveable properties of different kinds and has rendered comprehensive services
ranging from drafting preliminary documents, such as, LOI to document of transfer
which is inclusive of transfer by different modes upon carrying out process of due
diligence, investigation of title with specific reference to various statutes regulating /
governing the identity and nature of different kinds of properties and different kind /
nature of ownership rights and has rendered active services by steering the entire deal and

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 transaction which included the negotiation, discussion and structuring and finalizing
drafts of various kinds to achieve harmonious completion of transactions of transfer of
various properties.

2) Has gained rich experience and exposure and exposure to various Corporate Laws with
specific reference to Civil and District Court and have gained rich experience of various
litigations under various Civil Laws. Also had an opportunity to participate in Civil &
quasi criminal Proceedings related to economic offences and also gained active
experience in Arbitration Proceedings.

3) Has gained rich experience in cases with reference to various economic offences under
different industrial & economic / corporate legislations such as Companies Act, Weight
& Measurement Act, Negotiable Instruments Act, / statutes governing fiscal matters/
offences forming part of various industrial activities of varied industries;

4) Has also gained wide experience in the field of Intellectual Property Laws involving
complicated issues related to Foreign Patents and also Trademark, Copyright matters of
companies. Have appeared in various litigations under IPRs in various Courts all over
India.

5) Has gained rich experience in the field of laws related to day-to-day administrative and
commercial operations of various industries, business, Corporate Clients, Companies
with Transworld business, Government Companies, as Standing counsel/ Retainer. Have
got prepared agreements touching multiple issues related to managing the employees to
contractors, Joint Ventures, Multipurpose / Multi Operational Documents have also been
handling the mattes under Criminal Law with reference to Economic offences in
particular.

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6) Has handled the matters pertaining to large-scale contracts, specific reliefs, breach of
obligations and consequential issues arising there from.

7) Has been appearing regularly before various Courts and Forums all over the State of
Gujarat as also other States like Maharashtra, Rajasthan, Andhra Pradesh, Karnataka,
Delhi, including Supreme Court & Tribunals for civil matters and matters under various
Commercial and Corporate Laws.

8) Also was appointed by Hon’ble High Court of Gujarat as City Civil cum District &
Sessions Judge, City Civil Court Ahmedabad in the year 2002, but opted to continue to
pursue professional pursuit.

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 THE DISTRICT COURT OF VADODARA

The Judicial District of Vadodara comprising of the Revenue district of Vadodara was formed
covering major part of the territory of the erstwhile State of Baroda by the Government of
Bombay, political and Sendees Department vide Notification No. 3198/46-P-III dated July 31st
1949 under the provisions of Section 3 and 4 of the Bombay Civil Courts Act, 1869.

Shri B.C. Vakil presided over as the first District and Sessions Judge on the establishment of
District and Sessions Court, Vadodara. The District and Sessions Court, Vadodara started
functioning in the magnificent historical building known as the “Nyay Mandir” built in the year
1869 by His Highness Maharaja Sayajirao Gaekwad III.

In Vadodara district Appellate Courts, Courts of Senior Civil Judges, Courts of Small Causes and
Courts of Judicial Magistrate are housed in three buildings known as “Nyay Mandir”, “Lal
Court” and “Fast Track Court” respectively. The “Nyay Mandir” was built in the loving memory
of Shrimant Maharani Chimanbai, wife of Maharaja Sayajirao Gaekwad III, and it was named as
“Chimanbai Nyay Mandir”. This historical building was built by Maharaja Sayajirao Gaekwad
III for housing the Courts of Law functioning at the time of the existence of Baroda State. , and
at present also the same is being used for housing the District and Sessions Court of Vadodara.

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In this building some of the Appellate Courts of the district are housed. And other Appellate
Courts are functioning in the building known as the “Fast Track Court Complex” situated besides
Central Jail, Vadodara. Courts of Small Causes and some Courts of Senior Civil Judges are also
housed in the “Nyay Mandir”.

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 JURISDICTION AND COMPOSITION OF THE DISTRICT COURT

The District Court or Additional District court exercises jurisdiction both on original
side and appellate side in civil and criminal matters arising in the District. The territorial and
pecuniary jurisdiction in civil matters is usually set in concerned state enactments on the subject
of civil courts. On the criminal side, jurisdiction is exclusively derived from the criminal
procedure code. As per this code the maximum sentence a district court may award to a convict
is capital punishment.

The district court has appellate jurisdiction over all subordinate courts situated in the district on
both civil and criminal matters. Subordinate courts, on the civil side (in ascending order) are,
Junior Civil Judge Court, Principal Junior Civil Judge Court, Senior Civil Judge Court (also
called sub-court). Subordinate courts, on the criminal side (in ascending order) are, Second Class
Judicial Magistrate Court, First Class Judicial Magistrate Court, Chief Judicial Magistrate Court.

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Certain matters on criminal side or civil side cannot be tried by a lesser court than a district
court. This gives the District Court original jurisdiction in such matters.

Appeals from the district courts lie to the High Court of the concerned state. In this case, the
High Court of Gujarat.

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 DAILY REPORT

16th December, 2013 - Briefing about the organization of the District Court;
A vs. B: Case on Hindu marriage Petition

17th December, 2013 -C vs. D: Case on a void Transfer of a property; Tata Tele vs. Rudraksh
case no: 548/ 13 -Case regarding transfer of a special civil suit to another court.

18th December, 2013 - F vs. G: Case of Partnership law, wherein compensation is seeked
from one partner after the dissolution of the firm.

19th December, 2013 - H vs. K: A special civil suit on

20th December, 2013 - G vs. J: A Civil miscellaneous appeal

21st December, 2013 -Office work including organization of case files according to category of
the laws.

23rd December, 2013 - F vs. K: A Trademark suit, Research on case laws of Section 11 of
Indian Contract Act and Sales of Goods Act.

24th December, 2013 - V vs. G: case on The Companies Law, H vs. M: Case on Contempt of
Court.

25th December,2013 - Office work and attending a case on arbitration law.

26th December, 2013 - Successfully searched case law on a current case on Indian Contract
Act, section 14.

27th, 28th December, 2013 – Solving Queries on IPC and C.P.C by the subordinate colleagues,
Reading up case files on previously disposed off cases.

30th December, 2013 - T vs. H case on Hindu Marriage Act wherein Divorce was requested on
the grounds of adultery, L vs. Y case on Indian Contract Act, regarding non- performance of
Contract.

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31st December, 2013 - Opportunity to observe client counseling and attending a Lecture of Sir
on “Intellectual Property Rights” in The Institute of Chartered Accountants.

1st January,2014 –U vs, M Case on Arbitration.

2nd, 3rd, 4th January, 2014 – Office work and reading of various case files.

6th January, 2014 – T vs D: Case on Easement Right of a client.

7th January, 2014 - Visit to sub-registrar office, Vadodara on 6th floor of Kuber Bhuvan, where
the documents relating to property are registered. Had an opportunity to learn the procedures of
registration.

8th January, 2014 – W vs T: Case on Sales of Goods act, wherein a defect in the goods has to
be rectified.

9th January, 2014 -L vs. A: Case related to breach of Contract by a party.

10th January, 2014 - Visit to Consumer Court Of Vadodara.

11th January, 2014 – Successful in obtaining an Order for a Summary Suit in the court. (Order
37 of the Civil Procedure Court)

13th January, 2014 – Attending two cases in the Criminal court i.e. the “Lal Court” and learning
about the organization and the procedures of the Court.

14th and 15th January, 2014 –Holiday

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 Case Regarding Transfer of Application

Case: C vs. D

Coram: Hon’ble Justice Mamtora

Status: Disposed.

Applicant has filed this application U/Sec.24 of the Code ofCivil Procedure, and has prayed to
transfer Special Civil Suitat present pending in the court, to any other court having jurisdiction to
the present suit.
The Opponent has statedthat the applicant has filed false and frivolous application,and the same
is required to be dismissed awarding specialcost to the applicant.

It has been revealed that the presentopponent (original plaintiff) has filed Special Civil Suit, and
the said suit is at present pending in theCourt. It further reveals that in the said suit, an
application for adinteriminjunction i.e. Exh.5 is still pending.

The grievance agitated by the applicant is that the learned court could not find time for the year
2010, 2011,2012 and 2013 for hearing of applications of adinterim injunction and counter
injunction filed by the parties, andtherefore, the applicant is facing great injustice.

So far awarding of special cost is concern, this court do not find it proper to take recourse of
awarding special cost, because the fact remains the fact that since 2010 to 2013, the court is
unable to dispose off interim injunction application, therefore, it is not just and proper to award
any special compensatory cost to the opponent.

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Case regarding Copyright Act, 1957

Case: S vs. M
Coram: Hon’ble Justice A.K Gupta
Status: Pending

In the present case, the plaintiff is a playwright and had written a play, whose transcripts he had
showed to the defendant. The defendant in spite of knowing the fact, that the play was the
original work of the plaintiff, made a drama play on it and recognized it has his own work in the
public. He got the accolades as well as the monetary benefits out of success of the play.

The plaintiff has asked for the credit as well as the monetary benefits obtained out of the
accomplishment of the drama play.

The Court has recorded all the original as well as the necessary documents required to be
submitted to the Court.

The matter is pending in the Court and has been put forward for a hearing.

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Legal provisions related to types of Cases entertained

The Legal provisions which we studied during our internship were mainly civil and commercial
law related. They are as follows:

1. The Indian Contract Act, 1872

2. The Sales of Goods Act,1930
3. The Copyright Act, 1957
4. The Arbitration and Conciliation Act, 1996
5. The Companies Act, 1956
6. The Hindu Marriage Act, 1950
7. The Special Marriage Act, 1954
8. The Transfer of Property Act, 1882
9. The Environment Protection Act, 1986
10. The Civil Procedure Code of India, 1908
11. The Criminal Procedure Code of India, 1974

12. The Contract Labour Act (1970) aims at regulating employment of contract labour so as
to place it at par with labour employed directly.[2] Women are now permitted to work
night shifts too (10pm to 6am).[2]
13. Minimum Wages Act 1948
14. Weekly Holidays Act 1942
15. Beedi and Cigar Workers Act 1966
16. The Payment of Wages Act, 1936
17. The Workmen’s Compensation Act, 1923
18. The Factories Act, 1948
19. The EPF Act
20. The Bonus Act
21. The ESI Act
22. The Partnership Act, 1932

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23. The Securities Contract (Regulation) Act, 1956
24. The Sick Industrial Companies Act, 1985
25. Motor Vehicles Act, 1988
26. Motor Vehicles (AMENDMENT) Act 2000
27. Personal Injuries (Emergency Provisions) Act, 1962
28. Prevention of Corruption Act, 1988
29. Prevention of Terrorism Act 2002
30. The Central Motor Vehicles Rules, 1989
31. The Competition Act, 2002
32. The Consumer Protection Act, 1986
33. The Essential Commodities Act, 1955
34. Air Crafts (Amendment) Act, 2007
35. Air (Prevention and Control of Pollution) Act,1981
36. The Air Corporation (Transfer of Undertaking and Repeal) Act, 1994
37. The Delhi Prohibition of Smoking and Non-Smokers Health Protection Act, 1996
38. The Forest Conservation Act, 1980
39. The water (Prevention and Control of Pollution) Act, 1974
40. Wild Life (Protection) Amendment Act, 2006
41. Protection of Plant Varieties and Farmers Rights Act, 2001
42. Protection of Women from Domestic Violence Act, 2005.
43. The Foreign Marriage Act, 1969
44. The Guardians And Wards Act, 1890
45. The Hindu Marriage Act, 1955
46. The Hindu Minority and Guardianship Act, 1956
47. The Indian Divorce Act, 1869
48. The Maternity Benefits Act, 1961
49. The Muslim Personal Law (Shariat) Application Act, 1937
50. The Muslim Women (Protection of Rights on Divorce) Act, 1986
51. The Dissolution of Muslim Marriages Act, 1939
52. The Special Marriage Act, 1954
53. The Hindu Succession Act, 1956

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54. The Hindu Adoptions and Maintenance Act, 1956
55. Indian and Colonial Divorce Jurisdiction Act, 1940
56. The Anand Marriage Act, 1909
57. The Arya Marriage Validation Act, 1937
58. Matrimonial Causes (War Marriages) Act, 1948
59. The Child Marriage Restraint Act, 1929

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 Professional Ethics

Legal profession is noble profession. The nobility of the legal profession is

maintained by the adherence and observance of a set of professional norms by those
who adopt this profession. It is knows as legal ethics or the ethics of the legal
profession. The fundamental of the legal ethics is to maintain the owner and dignity of
the law profession, to secure a spirit of friendly cooperation between Bench and Bar
in the promotion of highest standard of justice, to establish honorable and fair
dealings of the counsel with his client, opponent and witness, to establish a spirit of
brotherhood with bar.

Areas of application for the ethics are:

1) Conflict of interest
2) Confidential Communication
3) Advertising and solicitation
4) Fees
5) Criminal Cases
6) Globalization

Section 49(1)(c) of the Advocates Act, 1961 empowers the Bar Council of India to make rules so
as to prescribe the standards of professional conduct and etiquette to be observed by the
advocates. It has been made clear that such rules shall have only when they are approved by the
Chief Justice of India.

The rules mentioned in chapter II of part VI of the rules of Bar Council of India may

be discussed as follow-

1) Duty toward Court (1-10)

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 2) Duty towards Client(11-33)
3) Duty towards opponent(34-35)
4) Duty in imparting training (Rule 45)
5) Duty to render legal aid –obligation, as an advocate owes to the society.( Rule
46)

The Bar and Bench play an important role in the administration of justice. The judges
administer the law with the assistance of the lawyers. The lawyers are officers of the
court. They are expected to assist the court in the administration of justice. Actually
lawyers collect materials relating to the case and thereby assist the court in arriving at
a correct judgment. The legal profession has been created not for private gain but for
public good. It is a branch of the administration of justice. it is a partner with the
judiciary in the administration of justice.

Since the lawyers are officers of the court, they are required to maintain towards the
court respectful attitude bearing in mind that the dignity of the judicial office is
essential foe the survival of the society. During the presentation of the case and while
acting otherwise before the court an advocate is required to conduct himself with
dignity and self respect. He should not influence the decision of the court by any
illegal or improper means. Besides, he is prohibited the private communication with
the judge relating to a pending case. He should use his best efforts to restrain and
prevent his client from restoring to unfair practices in relation to the court. An
advocate should not consider himself mere mouthpiece of the client and should
exercise his own judgment in the use of restrained language during arguments in the
court.

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