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 This internship diary is an original unpublished by Mr.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