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DR. SHAKUNTALA MISRA NATIONAL REHABILITATION UNIVERISTY LUCKNOW

INTERNSHIP DIARY (UNDER THE SUPERVISION OF Mr. SHAIL SHAKYA)



NAME



PLACE OF INTERNSHIP -

LUCKNOW



DURATION

DEC 2014 – JUNE 2018



TOTAL WORKING DAYS -

24 WEEKS



ROLL NO.

-

143070027



CLASS

-

B.Com.LL.B.

-

-

M B KHAN

INTERNSHIP DIARY 2019 CERTIFICATE This is to certify that this “Internship Diary” for the award of Bachelor of Commerce & Law Integrated (B.Com.LL.B) has been done by M B Khan Roll No. 143070027 who is the bonafide student of Dr. Shakuntala Misra National Rehabilitation University, Lucknow for the academic session 2018-19. It is also certified that this internship diary has been pursued under the guidance of Mr. Shail Shakya, Assistant Professor in Law, Dr. Shakuntala Misra National Rehabilitation University, Lucknow and that the internship diary has been duly authorised by Faculty of Law, Dr. Shakuntala Misra National Rehabilitation University, Lucknow.

Mr. Shail Shakya, Assistant Professor in Law, Faculty of Law Dr. Shakuntala Misra National Rehabilitation University Lucknow

2

INTERNSHIP DIARY 2019 DECLARATION It is hereby declared that this “Internship Diary” for the award of Bachelor of Commerce & Law Integrated (B.Com.LL.B) from Faculty of Law, Dr. Shakuntala Misra National Rehabilitation University, Lucknow has been done in the guidance of Mr. Shail Shakya, Assistant Professor in Law, DR. SHAKUNTALA MISRA NATIONAL REHABILITATION UNIVERSITY, LUCKNOW. It is also declared that all the contents have been written with proper care and caution and that no part of this internship diary attracts any copyright violations in any form or the other. It is also declared that this internship diary has not been presented anywhere else for any other purpose except in Dr. Shakuntala Misra National Rehabilitation University, Lucknow for the award of (B.Com.LL.B) degree. This internship diary is an original unpublished by Mr. M B Khan B.Com.LL.B candidate of Dr. Shakuntala Misra National Rehabilitation University, Lucknow.

(M B Khan)

Shail Shakya

Student

Assistant Professor

B.Com.LL.B.

(Law)

3

INTERNSHIP DIARY 2019 STUDENT DETAIL

Name

M B Khan

Course

B.Com.LL.B. (H)

Roll No.

143070027

Complete Address

551/GA/123 Old Sardari Kheda, Alambagh Lucknow

Phone No.

+91 8858690698

Email Id

[email protected]

4

INTERNSHIP DIARY 2019 EXECUTIVE SUMMARY

TITLE

REMARK

Number of Court Visits

I visited various courts during the entire internship such as District Court, Civil Court, High Court, Consumer Court etc.

Case Law Search

I searched various case laws from various online database such as ssconlone, ecourts, highcourt website etc.

Preparation of Legal Documents

I assisted my sir in the preparation of various legal documents during the entire course of internship.

Subject Area

There were many subject areas during the entire internship such as civil and criminal law, contract, consumer, taxation, etc.

Client Counselling

I took part sometime in the client counselling and try to understand the basics of advocacy skills and client counselling. I observed various major thing during the entire internship such filing of affidavit, proceeding of court, concept of cause lists etc.

Observation

5

INTERNSHIP DIARY 2019 KEY SUBJECT AREAS OF INTERNSHIP Following are the major areas of subject during the entire internship – 

Contract act



Indian Penal Code



Evidence Law



Code of Criminal Procedure



Code of Civil Procedure



Consumer Laws



Property Laws

6

INTERNSHIP DIARY 2019 INTERNSHIP 1 P K Singh Advocate (26 December, 2014-10 January, 2015) WEEK 1: 26 December, 2014 – 2 January, 2015

SUBJECT AREA

Law of torts

COURT VISITS

No, Winter Vacation.

CASE LAW SEARCH

No

7

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION

OF

No

CASE No

DOCUMENTS

OBSERVATION

Yes, Observed cases relating to medical negligence.

8

INTERNSHIP DIARY 2019 INTERNSHIP 1 Week 2: 2 January – 10 January 2015

SUBJECT AREA

Law of Torts

COURT VISITS

Yes, Visited civil court. Defendant appeared to reply claim of plaintiff.

CASE LAW SEARCH

Searched Negligence Data base.

9

cases using

on

Medical

indiankanoon

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION

OF

No.

CASE No.

DOCUMENTS

OBSERVATION

The defendants on hearing replied that he as a doctor deal with a number of critical cases in which unwanted negative results may occur which they face as a suit of like nature.

10

INTERNSHIP DIARY 2019 INTERNSHIP 2 BHARAT JYOTI (A Consumer Activist Forum) (05 June 2015- 05 July 2015) WEEK 1: (05 June, 2015- 12 June, 2015)

SUBJECT AREA

Consumer Law

COURT VISITS

Yes. Visited District Consumer Dispute Redressal Forum.

CASE LAW SEARCH

No

11

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

Yes, explained the client about the TRAI

regulation

telecom

relating

consumer

to

dispute

redressal.

PREPARATION

OF

CASE No.

DOCUMENTS

The President of Bench asked his OBSERVATION

clerk to summarize us about the court proceedings.

12

INTERNSHIP DIARY 2019 INTERNSHIP 2 WEEK 2: (13 June, 2015- 20 June, 2015)

SUBJECT AREA

Consumer Law.

COURT VISITS

No.

Visited

Food

Administration office.

CASE LAW SEARCH

No

13

and

Drug

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION

OF

No

CASE No

DOCUMENTS

OBSERVATION

The FDA works for the protection of consumer by regulating food quality and affording food safety to the consumers.

14

INTERNSHIP DIARY 2019 INTERNSHIP 2 WEEK 3: (22 June, 2015- 27 June, 2015)

SUBJECT AREA

Consumer Law

COURT VISITS

No.

But

Ombudsman.

CASE LAW SEARCH

No.

15

visited

Insurance

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION

OF

No.

CASE No.

DOCUMENTS

OBSERVATION

The Insurance Ombudsman helps people

in

insurance.

resolving

cases

Maximum

of

cases

registered therein are of immature nature and mainly those cases in which the insurance company is not willing to pay the claim.

16

INTERNSHIP DIARY 2019 INTERNSHIP 2 WEEK 4: (29 June, 2015- 04 July 2015)

SUBJECT AREA

Consumer Law.

COURT VISITS

No.

But we visited the office of

Weights and Measures Board.

CASE LAW SEARCH

Yes. We did not searched the cases but browsed the cases of the senior.

17

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION

OF

No.

CASE No.

DOCUMENTS

OBSERVATION

The cases in this department are mostly compounded on the first instance.

18

INTERNSHIP DIARY 2019 INTERNSHIP 3 Manoj Verma Advocate (28 December, 2015-12 January, 2016) WEEK 1: (28 December 2015- 4 January 2016)

SUBJECT AREA

Contract Law

COURT VISITS

Yes. Visited civil court.

CASE LAW SEARCH

No.

19

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION

OF

No.

CASE No.

DOCUMENTS

OBSERVATION

Defendant did not appeared after the service of the Summons.

20

INTERNSHIP DIARY 2019 INTERNSHIP 3 WEEK 2: (05 January, 2016-12 January, 2016)

SUBJECT AREA

Contract Law

COURT VISITS

No.

CASE LAW SEARCH

Yes, using scconline database.

21

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION

OF

No.

CASE Yes, assisted the senior in drafting

DOCUMENTS

the plaint.

OBSERVATION

Yes,

learned

about

the

rules

relating to the drafting of the plaint.

22

INTERNSHIP DIARY 2019 INTERNSHIP 4 Vijay Verma Advaocate (06 June, 2016- 06 July, 2016) WEEK 1: (06 June, 2016-13 June, 2016)

SUBJECT AREA

Criminal Law

COURT VISITS

No.

CASE LAW SEARCH

No.

23

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION

OF

No.

CASE No.

DOCUMENTS

OBSERVATION

The

senior

asked

to

provisions relating to trial.

24

read

INTERNSHIP DIARY 2019 INTERNSHIP 4 WEEK 2: (14 June, 2016- 20 June, 2016)

SUBJECT AREA

Criminal Law

COURT VISITS

No.

CASE LAW SEARCH

Yes, searched criminal law cases on judis database.

25

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION

OF

No.

CASE Yes, prepared the bail application.

DOCUMENTS

OBSERVATION

Yes, learned the procedure of filing bail application.

26

INTERNSHIP DIARY 2019 INTERNSHIP 4 WEEK 3: (21 June, 2016- 27 June, 2016)

SUBJECT AREA

Criminal Law

COURT VISITS

No.

CASE LAW SEARCH

Yes, searched the cases related to bail using judis database.

27

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION

OF

No.

CASE Yes, prepared the bail application.

DOCUMENTS

OBSERVATION

Yes, learned the procedure of filing bail application.

28

INTERNSHIP DIARY 2019 INTERNSHIP 4 WEEK 4: (28 June, 2016- 05 July, 2016)

SUBJECT AREA

Criminal Law

COURT VISITS

Yes, visited the court of ACJM.

CASE LAW SEARCH

No.

29

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION

OF

No.

CASE No.

DOCUMENTS

OBSERVATION

The Court granted the bail to the accused conduct.

30

relying

on

his

past

INTERNSHIP DIARY 2019 INTERNSHIP 5 Ghanshyam Verma Advocate 26 December, 2016 - 10 January, 2017 WEEK 1: 26 December, 2016-2 January, 2017

SUBJECT AREA

Property Law

COURT VISITS

No.

CASE LAW SEARCH

Yes, using indiankanoon database.

31

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION

OF

No.

CASE Yes, prepared the sale deed for

DOCUMENTS

registration.

OBSERVATION

The

registration

of

sale

deed

requires the fulfilment of all the essentials of a valid contract and biometrics of the party and the witnesses.

32

INTERNSHIP DIARY 2019 INTERNSHIP 5 WEEK 2: 03 January, 2017- 10 January, 2017

SUBJECT AREA

Property Law

COURT VISITS

Yes, visited civil court.

CASE LAW SEARCH

No.

33

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION DOCUMENTS

OF

No.

CASE Yes,

assisted

the

senior

in

preparation of pleadings for the eviction of tenant.

OBSERVATION

The

law

nullifies

the

rent

agreement on non-payment of agreed rent for three consecutive months but in practice it required judicial proceedings to declare the rent agreement void.

34

INTERNSHIP DIARY 2019 INTERNSHIP 6 O P Singh Advocate 05 June, 2017- 05 July, 2017 WEEK 1: 05 June, 2017-12 June, 2017

SUBJECT AREA

Code of Civil Procedure

COURT VISITS

No.

CASE LAW SEARCH

No, but learned how to check the current status of the case using ecourts database.

35

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION

OF

No.

CASE No.

DOCUMENTS

OBSERVATION

There

is

browsing

no

technicalities

ecourts

and

in

anyone

having case number or party name or advocate name can easily check the status thereon.

36

INTERNSHIP DIARY 2019 INTERNSHIP 6 WEEK 2: 13 June, 2017- 20 June, 2017

SUBJECT AREA

Code of Civil Procedure.

COURT VISITS

Yes, visited civil court.

CASE LAW SEARCH

No.

37

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION DOCUMENTS

OF

No.

CASE Yes, assisted the senior in the preparation statement

of on

the

written

behalf

of

the

defendant.

OBSERVATION

Observed that additional pleas or counter

claim

are

prepared

separately and written statement requires point-wise admission or denial of facts of the plaint.

38

INTERNSHIP DIARY 2019 INTERNSHIP 6 WEEK 3: 21 June, 2017- 28 June, 2017

SUBJECT AREA

Code of Civil Procedure.

COURT VISITS

Yes.

CASE LAW SEARCH

No.

39

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION DOCUMENTS

OF

No.

CASE Yes,

assisted

the

senior

in

preparation of affidavit and other legal documents.

OBSERVATION

Observed the pleadings of the parties and learned rules related to filing of written statement.

40

INTERNSHIP DIARY 2019 INTERNSHIP 6 WEEK 4: 29 June, 2017- 05 July, 2017

SUBJECT AREA

Code of Civil Procedure.

COURT VISITS

Yes.

CASE LAW SEARCH

Yes, searched cases using ecourts database.

41

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION DOCUMENTS

OF

No.

CASE Yes, assisted the senior in the preparation of the plaint for the recovery

of

possession

of

immovable property.

OBSERVATION

Observed the process of filing of Regular

Suit

requirements.

42

and

other

INTERNSHIP DIARY 2019 INTERNSHIP 7 Sanjeev Katiyar Advocate (26 December, 2017-10 January, 2018) WEEK 1: 26 December, 2017-02 January, 2018

SUBJECT AREA

Taxation Law

COURT VISITS

No.

CASE LAW SEARCH

No, but senior summarized us about the income tax law and asked us to search cases of taxation law using scconline database.

43

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION

OF

No.

CASE No.

DOCUMENTS

OBSERVATION

The income tax law needs to be summarized due to complicated nature as it is one of those Acts which is amended every year.

44

INTERNSHIP DIARY 2019 INTERNSHIP 7 WEEK 2: 03 January, 2018-10 January, 2018

SUBJECT AREA

Taxation Law

COURT VISITS

No.

CASE LAW SEARCH

No.

45

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION DOCUMENTS

OF

No.

CASE Yes,

assisted

senior

in

filing

complaint for wrongly deduction of income tax.

OBSERVATION

The income tax rules are very complicated and in most of the cases the employers do not provide the valid forms that are needed for the filing of ITR.

46

INTERNSHIP DIARY 2019 INTERNSHIP 8 Umesh Chand Dixit Advocate 05 June, 2018- 05 July, 2018 WEEK 1: 05 June, 2018-12 June, 2018

SUBJECT AREA

Criminal Law

COURT VISITS

No.

CASE LAW SEARCH

Yes, browsed the cases of the senior.

47

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION DOCUMENTS

OF

No.

CASE Yes, assisted the senior in the preparation of the pleadings on behalf of the accused.

OBSERVATION

Observed the arguments of both sides.

48

INTERNSHIP DIARY 2019 INTERNSHIP 8 WEEK 2: 13 June, 2018- 20 June, 2018

SUBJECT AREA

Criminal Law

COURT VISITS

Yes.

CASE LAW SEARCH

Yes, using scconline database.

49

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION DOCUMENTS

OF

No.

CASE Yes, assisted the senior in the preparation

of

the

surrender

application.

OBSERVATION

Yes, learned the procedure of filing surrender application.

50

INTERNSHIP DIARY 2019 INTERNSHIP 8 WEEK 3: 21 June, 2018- 28 June, 2018

SUBJECT AREA

Criminal Law

COURT VISITS

No.

CASE LAW SEARCH

No,

learned

the

investigation

procedure under Code of Criminal Procedure, 1973.

51

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION DOCUMENTS

OF

No.

CASE No, prepared a brief note on investigation procedure.

OBSERVATION

Observed the case documents of some cases of the senior.

52

INTERNSHIP DIARY 2019 INTERNSHIP 8 WEEK 4: 29 June, 2018- 05 July, 2018

SUBJECT AREA

Criminal Law

COURT VISITS

Yes, visited the court of Additional Sessions Judge.

CASE LAW SEARCH

No.

53

INTERNSHIP DIARY 2019

CLIENT COUNSELLING

PREPARATION DOCUMENTS

OF

No.

CASE Yes, assisted the senior in the preparation of the Appeal against conviction.

OBSERVATION

Observed

the

provisions

and

procedure related to appeal under Code of Criminal Procedure.

54

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