Final Report.docx

Nirma University Institute of Law III Semester

B.A.LL.B. (Hons.) Report of Internship Training Under

SENIOR ADVOCATE VIVEK K. TANKHA As a part of Internship Program For the academic year 2018-2019

Prepared & Submitted By:

SHUBHAM RAGHUWANSHI 17bal050

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Table of Content

Sr. No

Subject

Page No

1.

Preface

3

2.

Acknowledgement

4

3.

Certificate

5

4.

List of abbreviations

6

5.

Executive Summary

7

6.

Brief About Trial Court

12

7.

Introduction

13

8.

Project/Cases/Matters

undertaken/

14

Outcome of your learning and observations

16

assisted/

observed during the internship 9.

during the internship 10.

Conclusion

17

11.

Bibliography

18

Appendix

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Preface This report is an outcome of the four weeks Internship programme of Institute of law, Nirma University for the students of 4th semester. The main constituents are the report on fieldwork carried out during the internship, the research on related issues/cases/matter and the weekly report of my work. I have tried my best to do justice with my activities and put it in black and white with the same effort as I did it during the internship.

Date:

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SHBHAM RAGHUWANSHI

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Acknowledgment The internship opportunity I had with SENIOR ADVOCATE VIVEK TANKHA, NEW DELHI was a great chance for learning and professional development. Therefore, I consider myself as a very lucky individual as I was provided with an opportunity to be a part of it. I am also grateful for having a chance to meet so many wonderful people and professionals who led me through this internship period. The aim of the internships is to be familiar to the practical aspects of district and session court, high court and Supreme Court uses of theoretical knowledge and get knowledge about various cases. So I have successfully completed the internship and compiled the report as the summary. At this stage I feel thankful and express my deepest gratitude to the SENIOR ADVOCATE VIVEK TANKHA and ADVOCATE VAIBAHV SHRIVASTAVA for helping us at each and every step and providing us with resources at the right moment, also for sharing his views and remarks so as to make this report a professional and successful one. I would like to express my special thanks of gratitude to my internship coordinator Mrs. Shalini as well as Mrs. Purvi Pokhariyal (dean and director) and Mr. Tarkesh Moliya (academic coordinator) who gave me the golden opportunity to do this wonderful internship in a trial court 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. I also extend my gratitude to all the co-interns for co-operating with the team by providing us with matter on which this research was carried out during the internship and who have also helped us by giving in depth insight of the matter, thus helping us to arrive at the right conclusions.

SHUBHAM RAGHUWANSHI 17BAL050- FINAL REPORT

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Certificate (True Copy of Original Certificate)

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List of Abbreviations

S. no.

Abbreviations

Full Forms

1.

Anr.

Another

2.

IPC

Indian penal code

3.

CrPC

Code of Criminal Procedure

4.

Etc.

Et cetra

5.

M.P.

Madhya Pradesh

6.

Ors.

Others

7.

Sec.

Section

8.

Vs.

Versus

9.

HC

High court

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EXECUTIVE SUMMARY  Overview:Working under Senior Advocate Vivek K. Tankha and Advocate Vaibhav Shrivastava gave me such a great experience and exposure to the district and session Court, High Court and Supreme Court. Under the guidance of Senior Advocate Vivek K. Tankha and Advocate Vaibhav Shrivastava, we got to learn about various aspects of court. We had witnessed various proceedings in Supreme Court. In our visits to court, I learnt about court mannerism. Sir dealt with civil and criminal cases. We have to help sir in the court proceedings, research for various cases and sections, help in dictation, help in drafting, preparing notes and etc. we have our office timing from 10:30 am to 7:30 pm. At the court and office, we studied various case file, acts and laws. I observed the way our lawyer used to prepare for a case and the manner of arguing before the Hon’ble court and then great responsibility comes on the judges to hear both parties and give judgment by applying judicial mind. These were small things that matter a lot. During the time of court proceedings I observed and admire the way sir deal with the case and also observed the sweat and blood put by the advocates in order to get the judgment in their favor. Overall experience under Senior Advocate Vivek K. Tankha and Advocate Vaibhav Shrivastava was wonderful. Sir has large number and quality of cases which never gave us any free time and this helps us in better understanding of court and proceedings in courts.



Summary of weekly work done:We started our internship with the exposure of Supreme court and High court at New Delhi. The office of the Senior Advocate Vivek K. Tankha and Advocate

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Vaibhav Shrivastava would start at early in the morning and the people over there worked till 10:00 PM. The files were kept in a sequenced manner according to the cases. I observed the division of work which helped in fastening of the work while dealing with the cases. The juniors of our advocate would do all the compiling work and our advocate’s work was to prepare for the arguments and other court activities which had to be done in front of the honorable court. I learnt a lot from this training period as practical knowledge suits me. The way our lawyer used to prepare for a case and the way or the manner and arguing, he used in front of the court was very interesting. These were small things that matter a lot. Although I learnt many sections and relevance of those sections of CRPC, IPC but I also observed that the preparation is more difficult than expressing. The arguments presented were long but very effective to clear each and every point about the case. I understand various aspects of memo of apperance, what is it, what it contains and who can give memo. (A Memo under which a lawyer is empowered to act may be general. it may specifically confer wide authority upon a lawyer. ... “Pleader” means any person entitled to appear and plead for another in Court and includes an advocate, a vakil and an attorney of a High Court). We studied various sections like sec-138 and 141 of Negotiable Instrument Act, 1881.we studied section- 436, 437, 438, 439, 309, 317, 70(2), 138, 482, 320, 354 of code of criminal procedure, sec- 302, 300, 307, 365, 34, 304(A), 304(B), 352, 353, 354, 457, 399, 507 of IPC, sec- 25 & 27 of Arms act.

 Descriptions of Laws Learnt/dealt with:  Indian penal code :1. 302- punishment for murder 2. 307- attempt to murder 3. 420- fraud

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4. 365- kidnapping or abduction 5. 34- common intention 6. 304(A)- death by negligence 7. 304(B)- dowry death 8. 352- punishment for assault 9. 354- assault to woman 10. 457- house trespass 11. 399- dacoity 12. 507- criminal intimidation  Code of criminal procedure :-

1. 436- in case what bail to be taken 2. 437- bail in non-bailable offences 3. 438- direction for grant of bail 4. 439- special power of HC regarding bail 5. 309- power to adjourn proceedings 6. 317- accused is absent 7. 354- language and content of judgments  Section- 138 of Negotiable Instrument Act, 1881:- Dishonor of cheque for insufficiency, etc., of funds in the account.  Section- 141 of Negotiable Instrument Act, 1881:- Offences by companies  Article-5 of limitations act, 1963.

 Learning Outcome: Got better understanding of the Indian Judicial system, its functioning and all the process and procedures followed to deliver justice at the primary level.  Learnt about the ethics and court mannerism and way of presenting an argument in front of magistrates.  Learnt about how various laws and acts are applied in the cases.

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 Helped me in getting a clearer view of Judiciary and how it is worked.  Got to know the difference between the law in books and law in real world.  Learnt that how case files, laws are read and understood. Reading helped me in comprehending legal language better.  Learnt the above-mentioned sections, their ingredients and their application in cases.

 Analysis of Final Report: The final report prepared by me shows my experience of interning under High court and Supreme Court at New Delhi. During my period of internship, I have gained a lot of things. First of all I got to know how the proceedings are conducted. Then I learnt about the mannerism in the court. The way you interact matters a lot and the way you manage all the things also matters a lot. The internship at the high court and Supreme Court, which is the secondary and tertiary level judicial body, has enormously contributed to my growth. It made me aware about the importance of the proceedings held in the high court and Supreme Court as the main question was here is always about law. The arguments presented by the advocates and the questions raised by the judges are crucial in progress of case. The aim is to apply the law effectively in a consistent and fair way, within appropriate time so that faith of citizens in Indian Judicial system can be restored. This internship has helped me understand the functioning of the high court and Supreme Court, understand several procedures and observe how the proceedings are conducted. This internship introduced me to the practicality of law, as this was my first time at the court. It has acquainted me with the manner in which law works in reality which is different from the basic introduction which you get in classrooms. It has helped me in knowing the importance of intricacies in law. How even a minute detail can change or

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influence the judgment if missed out. Guidance of my supervisor on every small detail of a case has helped me in understanding the sections of a case better. I have learnt to focus on the substance and eliminate the unnecessary things. Courses studied in classes have also supported me in my internship. For instance, studying the Consumer Protection act, Criminal law, Constitution law in my syllabus already has helped me during one of the cases in internship. I studied Negotiable Instrument Act during my class presentation of Money and Capital Market and my prior knowledge about it has helped me in understanding the case better. Also, studying the subject of Organizational Behaviour has helped me in maintaining the professional attitude throughout the internship. I hope that all these learning’s and experience gained through this internship is going to help me perform better in my academics as well as in my career ahead.

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A Brief about ADVOCATE

Vivek Tankha is a Senior Advocate at the Supreme Court of India and a Member of Parliament. He was elected to the Rajya Sabha, Upper house of the Parliament of India from Madhya Pradesh as a member of the Indian National Congress. Vivek Tankha was one of the youngest Advocate Generals of Madhya Pradesh (16 February 1999 to November 15, 2003) Tankha was Designated Senior Advocate by the Full Court of the High Court in 1999. He was offered a Judgeship by bench of M. P. High Court in April 1998 but he sought forgiveness for personal reasons. He was also the first lawyer from Madhya Pradesh to have been appointed Additional Solicitor General of India. He had played a major role in resolving disputes between Madhya Pradesh and Chhattisgarh after the latter was created in November 2000. Tankha has been representing the Whistle blower in Vypam Scam Case of Madhya Pradesh.

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Introduction This Internship opportunity at the secondary level of our judicial system has been an enriching learning experience. Having a mandatory internship course in very first year of a law school helps you in getting an edge over the other law students. It has been exciting to observe the proceedings so closely and to realize how a real court differs from its fictional understanding. This gave me the opportunity to work on various matters, get familiar with its facts, and understand how law is applied to the facts to reach a lawful conclusion. Watching the advocates argue, Judge questioning both sides, all in order to filter the facts so that truth can come out of it and justice can be served. This journey has been informative as during the observation of case proceedings, reading case files and research work, I came across various sections of the Indian penal code, 1860, Code of Criminal Procedure, 1873, Code of Civil Procedure, Negotiable Instruments Act, 1881, The Hindu Marriage Act, etc., which helped me in understanding the usage and application of these sections in cases. This journey has played a vital role in broadening my practical knowledge of law and understanding the gap between theory-based knowledge and applied knowledge.

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Cases/Matters assisted/ observed during the internship 

BAHUBALI HULLOLI AND ORS V. UNION OF INDIA.



B.K. PAVITHRA AND ORS V. UNION OF INDIA.



SHRI RAM MANDIR INDORE V. STATE OF MADHYA PRADESH



SHRI BADA RAM MANDIR V. STATE OF MADHYA PRADESH



RAMESH DAS (DEAD) V. STATE OF MADHYA PRADESH



YOGENDRA SAO V. STATE OF JHARKHAND



NIRMALA DEVI V. STATE OF JHARKHAND



JOHNSON AND JHONSON CASE.

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Outcome of your learning and observations during the Internship  Got better understanding of the Indian Judicial system, its functioning and all the process and procedures followed to deliver justice at the primary level.  Learnt about the ethics and court mannerism and way of presenting an argument in front of magistrates.  Learnt about how various laws and acts are applied in the cases.  Helped me in getting a clearer view of Judiciary and how it is worked.  Got to know the difference between the law in books and law in real world.  Learnt that how case files, laws are read and understood. Reading helped me in comprehending legal language better.  Learnt the aforesaid sections, their ingredients, and application.  Learnt the use of various documents.  Understood the difference between the theory-based law and the practical aspects of law.  The research acquainted me with many unheard-of judgments.  It made it easier to identify the central points and focus on them.

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Conclusion It was indeed a unique kind of experience. It was totally a different type of experience. I met some of the lawyers and had learnt so many things from them like anticipatory bail, revision petition, final hearing. I thoroughly enjoyed working out there and did my work whole heartedly. During these four weeks of internship program I have realized that good argumentative skills and Knowledge of relevant provision are only one aspect of this profession. It has to be coupled with hard work and patience. A lawyer needs to make special preparation for each case, to be well versed with the facts of the case, witnesses etc. This shows the amount of dedication one needs in this profession. I also realized that a lawyer needs to invest lot of time in reading. As a lawyer one should maintain proper record of each case and its proceeding. One more thing I understood was that keep yourself updated with the time like new amendments, news, appointments etc. It’s not necessary in this profession that you be known by many but you know many is more important. Also there requires great change in the working of the court and it need to become a little stricter and also it need to have speedy trials so that the clients need not to wait for so many years for their pending cases. In all, this internship was a great experience at this stage of my career which will help me in the future. I also realized that many things need to be inculcated in to be a successful Lawyer. I enjoyed the internship and learnt many new things which I did not know prior to the training program.

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Bibliography

 Indian penal code, 1860.  Code Of Criminal Procedure, 1973.  Code of Civil procedure, 1908.

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Appendix WORKSHEET

NIRMA UNIVERSITY INSTITUTE OF LAW INTERNSHIP COMMITTEE Supreme Court and High Court

Name of the Student

Shubham Raghuwanshi

Name of the Institution

Senior advocate vivek k. Tankha

Institution’s Address

404, Silver Arch, 22,-Feroz Shah Road, New Delhi, Delhi 110001

Name of Supervisor

Adv. Vaibhav shrivastava

Email

[email protected]

Phone/Mobile No.

011 4671 7005

Period:

From 1st Januray to 26th January 2019

Sr. No. Week 1

Work done at Field 

Done a comprehensive research and pulled out the judgements of Delhi High Court on quashing of FIR in the cases filed under Section 498A IPC.



Pulled out the judgments of Delhi High Court on how the Anticipatory Bail is granted to the accused of offences under Section 498A IPC.



Researched on the proposition that how the husband and other relatives accused of mental cruelty under section 498A IPC, and extracted some

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landmark judgments of Delhi High Court and Supreme Court. 

Done a research on Partition suit and Recovery of possession suit and section 10 of CPC.



Find parliamentary debated, take out government notice or notification from official websites.

Week 2



Witnessed the court proceeding of Supreme Court.



Preparing for case on Supreme court. (Ram mnadir v. state of MP)



Pulled out the Judgements by Justice Kanwaljit Singh Ahluwalia, Rajasthan High Court, on quashing of FIR in the cases filed under section 420 IPC.

Week 3



Assisted in drafting of the Notice Invoking Arbitration.



Observed court proceedings of various courts.



Prepare notes for court proceedings on comparison between OCI, NRI, PIO.



Preparing for case in Supreme Court. (yogendra sao case)



Learnt how the decree/judgement by any court is executed and how the attachment of property is done. Also extracted some landmark judgements on the same.



Learnt about the Wholesale Price Index and Cost Inflation Index and researched about application of these indices by court.

Week 4



Read the files of various cases and observed the court proceedings.



Prepared list of annexure for the case of Arun kumar v. UOI.



Observed the proceedings of Supreme court.



Research about section 125 of CRPC.



Observe the court proceedings.

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

Researched on the issue of difference between onus of proof and burden of proof and application of shift in the onus of proof in various cases.



Help in preparing return on behalf of petitioner in case of M/s Oasis Build Mart Private Limited v. Jabalpur Development Authority & Others.



Researched on whether appeal can be instituted against dead person.



Helped in dictation.



Help in preparing list of annexure and arranging annexure documents for filling of a case in NDRC.



Helped in preparing reply for a divorce case.

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Signature of Supervisor

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Signature of Student

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