SUMMER INTERNSHIP REPORT CONDUCTED AT

LAW FIRM THROUGH ONLINE MODE

Submitted in partial fulfillment of the

requirements for the award of the degree of

BBA LL.B

To

Guru Gobind Singh Indraprastha University, Delhi

Internship Co-ordinator : Student Name: Vaibhav Jain

Mrs. Parul Lohia
(Assistant Professor) Enrollment No: 04519103518

CENTRE FOR LEGAL STUDIES

GITARATTAN INTERNATIONAL BUSINESS SCHOOL
DELHI-110085
Batch (2018-2023)

1
 CERTIFICATE

I, Vaibhav Jain, Enrollment No. 04519103518 certify that the Summer Internship is

conducted by me at Parity Laws and the Report submitted is an authentic work carried out by

me at.The matter embodied in this Report has not been submitted earlier for the award of any

degree or diploma to the best of my knowledge and belief.

Signature of the Student

Date: 10 th August 2022

Certified that the Summer Internship Report conducted by Mr. Vaibhav Jain, Enrollment

No. 04519103518 Conducted at GITARATTAN INTERNATIONAL BUSINESS SCHOOL

is completed under my guidance.

Date: 10 th August 2022

Name of the Guide: Lokesh Jha

Designation: Advocate

Countersigned

Summer Internship Coordinator: Parul Lohia Director: Prof. (Dr.) H. Sharma

1
 LAWYERS & LAW FIRM

1st of August, 2022

TO WHOMSOEVER IT MAY CONCERN

This is to certify that Mr. VAIBHAV JAIN , Enrolment No. 04519103518,

Student of BBA.LLB 4th Year CLS, GITARATTAN INTERNATIONAL

BUSINESS SCHOOL, ROHINI (Affiliated to I.P. University), New Delhi has

completed internship during the period from 17th of June 2022 to 31st of July 2022

under my guidance and supervision. During the internship period he has done

research work. He was very particular and also took interest in many works. He is

very hard-working and has ability to understand facts and laws. I wish him good luck

for his future.

Lawyers Chamber -625-b, & 522 Western wing, Tishazari Court

Delhi-110054 email- [email protected],
[email protected], Mobile-9910515215, 9599796277 website-www.paritylaws.com

ACKNOWLEDGMENT

II
I would like to express my sincere gratitude to Parity Laws, for providing their invaluable

guidance, comments and suggestions throughout the course of the project. I would like to thank

him for constantly motivating me to work harder.

I am extremely grateful to our training coordinator Mrs. Parul Lohia mam for issuing training

letter, which made my training possible

I am also thankful to my friends, colleagues and all other persons who help me out in this

training either directly or indirectly to complete it successfully.

Vaibhav Jain

(04519103518)

III
 TABLE OF CONTENTS

S No Topic Page No

1 Certificate (s) I-II

2 Acknowledgement III
3 List of Abbreviations V
4 Chapter-1: Legal Delivery System at 1-23
District Level
5 Chapter-2: Office Procedures at Advocate’s Office 24-29
6 Chapter 3: Learning Summary 30-32
7 References/Bibliography 33
8 Appendices/Annexure (s) VI-VIII

IV
 LIST OF ABBREVIATIONS

S No Abbreviated Name Full Name

1 S.C. Supreme Court
2 CJI Chief Justice of India
3 Sec. Section
4 CJM Chief Judicial Magistrate
5 MM Metropolitan Magistrate
6 HMA Hindu Marriage Act
7 NCDRC Nation Consumer Dispute Redressal Forum
8 MACT Motor Accident Claim Tribunal
9 DRT Debt Recovery Tribunal
10 CBI Central Bureau of Investigation
11 GOI Government Of India
12 ACMM Additional Chief Metropolitan Magistrate
13 Art. Article
14 NI Negotiable Instrument
15 JMFC Judicial Magistrate First Class

V
 CHAPTER 1

LEGAL DELIVERY SYSTEM AT DISTRICT COURT

The Indian judiciary administers a common law system of legal jurisdiction in which customs,

precedents and legislation , all codify the law of land. They form a strict hierarchy of importance,with

the supreme court of India at the top , followed by high courts of the respective states and district

judges sitting in district court . There are total 600 district courts in india1 .

1.1 Evolution of Court system in India

India by virtue of its connection with Indus Valley Civilization has one of the most ancient civilized

systems in the world. The concept of Nyaya can be traced back to the religious scriptures like

Ramayan, Mahabharat, Smriti and Vedas. The picture of modern Law will give a distorted and

pervert picture if we begin with the perception that the legal system began today only or few

centuries ago. The past traditions and development have led the foundation for present legal system2.

There are total 600 District Courts in India , 25 High courts in India and a Supreme Court of

India.The High courts are the principal civil courts of orignal jurisdiction.

The Session Judge is the highest judicial authority in a District Court. Below him , there are courts of

civil jurisdiction.

1
https://www.latestlaws.com/judiciary/ (Last Visited August 1,2022)
2
https://shodhganga.inflibnet.ac.in (Last Visited August 1,2022)

1
The Mayor's Courts established in 1726 laid the basis for the court system that we have today, while

extinguishing the Mughal legal system.

Without proper historical background it may be difficult to appreciate as to why particular system is

as it is. Historical perspective throws a light on the remedies that exist. Law cannot be understood

properly when divorced from its historical background and spirit of the nation whose law it is. The

lawyer without history is a mechanic, a mere working mason.

Having the distinction of being one of the world's oldest civilisations, religious prescriptions in ancient

India set the course for our legal system. By 400 BC, society realised the importance of statecraft and

economic policy in the Arthashastra. Manusmriti spelt out laws in a comprehensive manner, followed

by the Yajnavalkya Smriti, which explained the conduct a person must follow in a civilised society

and the legal procedures to be followed when it is misappropriated. Judicial officers followed the

Quranic interpretations of law or the Fatawas. However, customary law was widely used and the

principles of equity and speedy disposal of justice were paramount. Punishments like

whiplash,confinement and death were introduced in this era.

Until the 19th century, India saw court systems evolve, dealing with civil suits and criminal cases, as

well as developing the basis for equity, justice and to some extent, secularism. The British era brought

with it the common law system and law based on judicial precedents. The Mayor’s Courts established

in 1726 laid the basis for the court system that we have today, while extinguishing the Mughal legal

system. The First War of Independence in 1857, and the Indian High Courts Act in 1862 worked at

2
replacing the mayor's courts and establishing Supreme Courts and High Courts in India. During that

period, the Privy Council played the role of the highest court of appeal3.

Mayor’s Courts

The storyof India’s modern judiciary begins with the Mayor’s courts. Under the Royal Charter of

1661, the Governor-in-Council of each Presidency {That time they had two presidencies viz. Madras

and Surat} were empowered ‘to judge all persons belonging to the said presidency or that shall

liveunder them in all causes, whether civil or criminal, according to the laws of this Kingdom and to

execute judgement accordingly’. This power was not exercised for at least two decades at Madras. In

1678, the Governor-in-Council decided that they should have two sittings per week to hear and judge

all cases concerning Europeans and Indians as per the according to English Law. Meanwhile in 1687,

another charter authorized the company to establish municipality at Madras to mark the beginning of

territorial character of Company’s rule in Madras.

Supreme Court at Calcutta

Regulating Act of 1773 established for the first time the Supreme Court of Fort Williams in Calcutta in

1774, consisting of the Chief Justice and three judges (later reduced to two) appointed by the Crown

acting as King’s court. Thus, establishment of this Supreme Court was ‘an act of reformation rather

than of innovation‘, for it was intended ‘in fact to occupy the position of the Mayor’s Court founded

in 1727 (under the Charter of 1726). This court was adorned with powers such as power to punish for

its contempt, power to try civil & criminal cases, ecclesiastical and admiralty jurisdiction etc. Appeals

against this court could be taken to King-in-Council.

3
https://www.legaleraonline.com/articles/evolution-of-the-indian-legal-system-2 (Last Visited Aug 1,2022)

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Indian High Courts Act 1861

The Indian High Courts Act of 1861 was passed by British Parliament to authorize British monarch to

create high Courts in India. Objective of this act was to effect a fusion of the Supreme Courts and the

Sadar Adalats in the three Presidencies. The High Courts of Calcutta, Madras and Bombay were

established in their place. Each high court was to consist of a Chief Justice and not more than 15

regular judges.

The High Courts enjoyed the same power over all persons and estates and had original, appellate and

extraordinary original jurisdiction in civil cases whereas extraordinary and appellant jurisdiction in

criminal cases. Later, more high courts were established at Allahabad (1875), Patna (1912), Lahore

(1865) etc. Appeals from the High Courts would be now taken to Privy Council.

1.2 Hierarchy of Indian Court System

India, being one of the biggest countries in the world with a fabulous population has a very strong

judiciary system which is inherent with the structure of the courts and its hierarchy and the judicial

system. This system provides livelihood to huge number of professionals attached with the system of

judiciary in different forms and thus serve the nation with the service. In this essay, the

structuralpattern of judiciary system will be narrated with the hierarchical type of courts effectively

take part in the judiciary system and the different personalities engaged in this profession to play

different roles assigned to them.

Because of the size of the country, the judiciary system is planned as per the requirement of the

citizen of India with the location of courts as per status to serve the community of India with

efficiency. India has a rich tradition of providing justice to the affected and the courts in various

levels are there to serve the purpose of extending highest level of efficient juridical system all over

the country.
4
The court structure is set as per the judiciary system prevailing in India with differentiation of

applicability as per the merit of the case. The normal trend ofthe judiciary system is to start

anygeneral dispute in the lower court which is being escalated as per the satisfaction of the parties to

the higher courts.

The hierarchical structure of court is being endorsed by the Constituency of India with the level of

power exercised bythe different level of courts. The judgments can be challenged in the higher courts

if the parties to the cases are not satisfied. The process of escalation is systematic and thus the system

of providing maximum level of satisfaction to the parties is sincerely tried by the judiciary system.

In this present essay, we will highlight the two aspects of judiciary system in India –

 Hierarchy of courts inIndia

Hierarchy of Indian Courts

The feature Indian judiciary system is its hierarchical structure of courts. There are different levels of

judiciary system in India empowered with distinct type of courts. The courts are structured with very

strong judiciary and hierarchical system as per the powers bestowed upon them. This system is strong

enough to make limitation of court with its jurisdiction and exercise of the power. The Supreme Court

of India is placed at the top of the hierarchical position followed by High Courts in the regional level

and lower courts at micro level with the assignment of power and exercising of the same for the

people of India.

5
 1. Supreme Court of India

Supreme Court of India is the highest level of court of Indian juridical system which was established

as per Part V, Chapter IV of the Constitution of India which endorses the concept of Supreme Court as

the Federal Court to play the role of the guardian of the esteemed constitution of India with the status

of the highest level of court in the status of appeal cases.

 Constitution Regulation

As conferred by Articles 124 to 147 of Indian Constituency, the jurisdiction and composition of the

Supreme Court is being fixed. This court is primarily of the status of appellate court. This court is

accepting the appeals of cases which are being heard in the High courts situated in different states and

union territories with dissatisfaction of related parties. This court also accepts writ petitions with the

suspected occurrence of activities which may infer about violation of human rights and subsequent

petitions are accepted to hear and judge the consequences of such happenings.

These types of petitions are accepted under Article 32 of Indian constitution. This article confers the

right to ensure remedies through constitution. This court also hears about such serious issues which

need to be attended with immediate attention.

 History

This court has started its operation since 28 th January 1950 with the inaugural sitting, the day since

when the constitution of independent India had been effectively applicable. The court had alreadytaken

care of more than 24,000 judgments as per report of the Supreme Court.

6
 Structure and Application

This court is comprised of the Chief Justice along with 30 other judges to carry on the operation of the

court. The proceeding of the Supreme Court is being heard only in the language of English. The

Supreme Court is governed by the Supreme Court Rules which was published in the year 1966.

The same had been fixed under the Article number 145 of the Constitution of India to ensure the

regulation of procedures and practices of the Supreme Court. This article is passing through the

process of upgrading with the presently enforced Article as per the Supreme Court Rules, 2013.

2. High Court of India

 Constitution

High Courts are second Courts of Importance of the democracy of India. They are run by Article 141

of the Constitution of India. They are governed by the bindings conferred by the Supreme Court of

India so far judgments and orders are concerned. The Supreme Court of India is the highest level of

courts and is responsible for fixing the guidance to the High Courts set by precedence.

High courts are the types of courts which are instituted as the courts powered by constitution with the

effect of Article 214 Part IV Chapter V of the Indian Constitution. There are 24 high courts in India

taking care ofthe regional juridical system of India out ofwhich Kolkata High Court is the oldest.

 Jurisdiction

These courts are mainly confined to the jurisdiction of state, group of states or Union Territory. They

are being empowered to govern the jurisdiction of lower courts like family, civil and criminal courts

with other different courts of the districts. These courts are of the statute of principal civil courts so

far originality of jurisdiction is concerned in the related domain of the states and the other district

courts.
7
These courts are treated as subordinate to High Courts by status. But High Courts are mainly

exercising their jurisdiction related to civil or criminal domain if the lower courts are proved

incapable of exercising their power as per authorization extended by law. These situations may be

generated through the inability of financial or territorial jurisdiction. There are specific areas in which

only High Courts can exercise the right for hearing like cases related to Company Law as it is

designated specially in a state or federal law.

But normally the high courts are involved in the appeals raised in the cases of lower courts with the

writ petitions as conferred in Article 226 of the Constitution of India. The area of writ petitions is also

the sole jurisdiction of high courts. The jurisdiction of High Court is varying so far territorial

jurisdiction is considered.

 Official structure and application

The appointment of the judges of High Courts are being executed by the President of India with the

consultation of the Chief Justice of India, the Chief Justice of High Court and the Governor of the

state or union territory.

Decision on the number of judges in High Court is mainly dictated considering the higher number of

either the average of organization of main cases for the last years as per the average nationally

calculated or the average rate of main cases disposed per judge per year in the respective high court.

The high courts with handling of most of the cases of a particular area are provided with the facility

of permanent benches or branches of the court situated there only. To serve the complainants of

remote regions the establishment of circuit benches had been made to facilitate the service with the

schedule of operation as per the occurrence of visit of the judge.

8
3.Lower Courts of India

 District Courts

 Constitution

The basis of structuring of district courts in India is mainly depending upon the discretion of the state

governments or the union territories. The structure of those courts are mainly made considering several

factors like the number of cases, distribution of population, etc. Depending upon those factors the

state government takes the decision of numbers of District Courts to be in operation for single district

or clubbing together different adjacent districts.

Normally these types of courts exercise their power of juridical service in district level. These courts

are covered by the administrative power ofthe High Courts under which the district courts are covered.

The judgments of the district courts are subject to review to the appellate jurisdiction of the respective

high court.

 Structure and Jurisdiction

The district courts are mainly run by the state government appointed district judges. There are

additional district judges and assistant district judges who are there to share the additional load of the

proceedings of District Courts. These additional district judges have equal power like the district

judges for the jurisdiction area of any city which has got the status of metropolitan area as conferred

by the state government. These district courts have the additional jurisdictional authority of appeal

handling over the subordinate courts which are there in the same district specifically in the domain of

civil and criminal affairs.

9
The subordinate courts covering the civil cases, in this aspect are considered as Junior Civil Judge

Court, Principal Junior and Senior Civil Judge Court, which are also known as Sub Courts, Subordinate

Courts. All these courts are treated with ascending orders. The subordinate courts covering the criminal

cases are Second Class Judicial Magistrate Court, First Class Judicial Magistrate Court, and Chief

Judicial Magistrate Court along with family courts which are founded to deal with the issues related

to disputes of matrimonial issues only. The status of Principal Judge of family court is at par with the

District Judge.

There are in total 351 district courts in operation out of which 342 are of states while 9 are of union

territories.

 Village Courts

 Constitution Structures and Features

The village courts are named as Lok Adalat or Nyaya Panchyat which means the service of justice

extended to the villagers of India. This is the system for resolving disputes in micro level. The need of

these courts is justified though the Madras Village Court Act of 1888. This act is followed by the

development post 1935 in different provinces, which are re-termed as different states after the

independence of 19474.

4
https://blog.ipleaders.in/courts-justice-system-india/ (Last Visited August 1, 2022)

10
11
1.3 Constitution and Composition of District Court in India.

Constitution of District Court

 Constitution

The basis of structuring of district courts in India is mainly depending upon the discretion of the state

governments or the union territories. The structure of those courts are mainly made considering several

factors like the number of cases, distribution of population, etc. Depending upon those factors the

state government takes the decision of numbers of District Courts to be in operation for single district

or clubbing together different adjacent districts.

Normally these types of courts exercise their power of juridical service in district level. These courts

are covered by the administrative power ofthe High Courts under which the district courts are covered.

The judgments of the district courts are subject to review to the appellate jurisdiction of the respective

high court.

 Structure and Jurisdiction

The district courts are mainly run by the state government appointed district judges. There are

additional district judges and assistant district judges who are there to share the additional load of the

proceedings of District Courts. These additional district judges have equal power like the district

judges for the jurisdiction area of any city which has got the status of metropolitan area as conferred

by the state government. These district courts have the additional jurisdictional authority of appeal

handling

12
over the subordinate courts which are there in the same district specifically in the domain of civil and

criminal affairs.

The subordinate courts covering the civil cases, in this aspect are considered as Junior Civil Judge

Court, Principal Junior and Senior Civil Judge Court, which are also known as Sub Courts, Subordinate

Courts. All these courts are treated with ascending orders. The subordinate courts covering the criminal

cases are Second Class Judicial Magistrate Court, First Class Judicial Magistrate Court, and Chief

Judicial Magistrate Court along with family courts which are founded to deal with the issues related to

disputes of matrimonial issues only. The status of Principal Judge of family court is at par with the

District Judge.

There are in total 351 district courts in operation out of which 342 are of states while 9 are of union

territories.

Composition of District Court

The district court is considered as the principal court of original civil jurisdiction besides state Apex

court, i.e., High Court and which gets their power and jurisdiction (for civil matters specifically) from

the code of civil procedure (C.P.C.). And on the other side, the district court is also named as the court

of sessions when it exercises its jurisdiction on criminal matters and gets their power from the Code

of Criminal procedure (Cr.P.C).

So, the composition of District court is as follow-

13
1. District Judges (for civil matters as well as criminal matters) – appointed by the governor of

the state with the advice of state chief justice.

2. Additional District Judges.

3. Assistant District judges. (Theyare many in numbers, and the post are not decided actually as they

both are appointed after seeing the workload of that specific district)

Purpose of District Court

Such courts conduct Appellate and Original jurisdiction in all matters related to criminal and civil

cases. District Courts render justice at the district level. These courts are entitled to exercise all sorts

of judicial powers, which extend to granting capital punishment to convicts.

Appointment of Judges of District Court

The judges of subordinate courts are appointed by the Governor in consultation with the chief justice

of the High Court of the concerned State. A minimum of seven years of practise as a lawyer at bar is a

necessary qualification for direct entry level to become a District Judge upon a written examination

and oral interview by a committee of High court judges, the appointment of district judges is notified

by the state Government. This is referred to as direct recruitment. District judges are also appointed by

way of elevation of judges from courts subordinate to district courts provided they fulfill the

minimum years of service but unfortunately the entry level district judge exams have caused the

judges on the lower rungs of the Judiciary to become lax as their chances of filling up posts for the

work they had

14
done may never fructify to promotions because of posts later being filled up by lawyers directly

becoming district judges5.

1.4 Administrative control of District Court

The District and Sessions Judge is the Controlling and appointing authority of the ministerial staff of

all the Courtsof his Civil and Sessions Division. The District and Sessions Judge is also the disciplinary

authority in respect of the ministerial staff of his Civil and Sessions Division. The District and

Sessions Judge is also head of the District Judiciary and is also acting as Chairman, District Legal

Services Authority. All correspondence of the subordinate courts to the Hon’ble High Court is being

routed through the office of District and Sessions Judge. In some mattersof the subordinate Courts

final action is taken by the District and Sessions Judge.

There is one post of Superintendent Grade-I, in the office of District and Sessions Judge and all the

administrative work of Civil and Sessions Division is being looked after by the Superintendent

Grade-

I. Initially, the administrative files are being dealt by the English Clerk and Leave Reserve Clerk of the

office of District and Sessions Judge and Accounts matters are being dealt by the Civil Nazir and Naib

Nazir ofthe office of District and Sessions Judge. The work ofthe establishment ofthe office of District

and Sessions Judge is being looked after by the Superintendent Grade-I under the direct control of the

District and Sessions Judge. The Superintendent Grade-I is also acting as Senior Court Officer for

taking up service matters. The appointing and controlling authority in respect of the post of

Superintendent Grade-I in the Civil and Sessions Division is Hon’ble High Court of Himachal

Pradesh.

15
5
https://main.sci.gov.in/jurisdiction (Last Visited August 5,2022)

16
Besides this, in the Court of District & Sessions Judge, one post of Superintendent Grade-II (Reader)

has been provided to attend to the court work. Civil and Criminal Ahlmads (Clerks) have been

assigned the work of dealing Civil and Criminal cases and they have to comply with daily orders of

the Court. Similarly, in the Subordinate Courts Civil and Criminal Ahlmads have been provided in

each court for maintaining Civil and Criminal Cases. In subordinate courts posts of Naib Nazir and

Copyist have also been provided. In subordinate Courts one post of Superintendent Grade-II has been

provided to each court except Court No.III (Una) to attend to the administrative matters. However,

Superintendents do not dispose of any matter at their own level.

1.5 Other Adjudicatory Bodies At District Level .

1. Family Courts

Marriage is an institution which is considered as sacred in India. But with the changing times

marriage has become a subject of great judicial scrutiny. Before 1984 all family matters were seen by

ordinary civil court judges who used to deal with matters like recovery of money or property. In 1984

the Government of India after the recommendation of the Law Commission in their 59th Report the

family courts were created by a Gazette notification of the Central Government. This Act was known

as ‘The Family Courts Act, 1984.

JURISDICTION

Civil matters

The family courts exercise the entire jurisdiction which is exercised by any District Court or any

subordinate civil court in the following matters-

17
• Matrimonial causes

• Maintenance and alimony of spouses

• Custody and guardianship of children

• Settlement of spousal property

Criminal matters

The judge is vested with the power exercisable by the Magistrate of First Class under Chapter IX of

Code of Criminal Procedure which is Order for maintenance of wives, children and parents.

The family court has the power to make their own procedure.

They are not required to record the oral statement of the witness at length.

The appeal from family courts lies directly to the High Court.

The Family Court can receive any document or statement even if it is not admissible under Indian

Evidence Act 1872.

Procedure to be followed by family court. The parties of the proceeding are not required to hire a legal

practitioner; however they are entitled to appoint an ‘amicus curie’ to assist the parties in the

settlement proceedings.

Incamera proceedings can be ordered if the parties desire. (Incamera proceedings means that the

public is not allowed to see the proceedings)

Judgment should be concise with the statement of the case, determination ofthe decision and the

reason for the decision.

18
Provisions of Code of Civil Procedure, 1908 are applied in the enforcement of the order or

the judgement.

Appeal from judgment or order of Family Court can be made to the High Court within 30 days of

passing the order or the judgement.

The appeal can be on both question of law and question of fact.

The appeal should be heard by a High Court bench of two or more judges.

No appeal lies against an order which is passed with the consent of the parties.

The papers are submitted to the registrar of the Family Court who verifies all the relevant documents.

These files are presented to the Principal Judge of the Family Court. After verification of each file and

hearing the petitioners, the Principal Judge decides whether the suit is fit for registration.

The applicant files the summons form and gets the next date for hearing6.

2. The Motor Vehicles Act.

The Motor Vehicles Act, 1988 is an Act of the Parliament of India which regulates all the aspects of

road transport vehicles. This Act came into force from 1 July 1989. This act replaced the previous

motor vehicle act 1939 which earlier replaced the motor vehicle act 1914. Motor vehicles act created

a new forum named motor accidents claims tribunals which substituted civil courts in order to

provide cheaper and speedier remedy to the victims of accident of motor vehicles. Earlier to file a

suit, suit for damages had to be filed with civil court , on payment of advalorem court fee . But under

the provision

6
http://www.legalserviceindia.com/article/l356-Family-Courts-in-India.html (Last Modified July 25, 2022)

19
of motor vehicle act , an application claiming compensation can be made to the claims tribunal without

payment of advalorem court fee. The Tribunal is to follow a summary procedure for adjudication of

claims being provided, the sections do not deal with the substantive law regarding determination of

liability. They only furnish a new mode of enforcing liability. For determination of liability one has

still to look to the substantive law in the law of torts and Fatal Accident Act, 1855 or at any rate to the

principles thereof.” In the case of oriental fire & general insurance co. vs. kamal , it was critically

explained that the liability is still based on law of torts and enactment like the fatal accident act. Section

169 corresponds to Section 110-C of the motor vehicles act , 19597.

3. Green Courts.

The NGT was established on October 18, 2010 under the National Green Tribunal Act 2010, passed

by the Central Government. The stated objective of the Central Government was to provide a

specialized forum for effective and speedy disposal of cases pertaining to environment protection,

conservation of forests and for seeking compensation for damages caused to people or property due to

violation of environmental laws or conditions specified while granting permissions.

Structure

Following the enactment of the said law, the Principal Bench of the NGT has been established in the

National Capital – New Delhi, with regional benches in Pune (Western Zone Bench), Bhopal (Central

Zone Bench), Chennai (Southern Bench) and Kolkata (Eastern Bench). Each Bench has a specified

geographical jurisdiction covering several States in a region Powers.The NGT has the power to hear

7
https://timesofindia.indiatimes.com/topic/motor-vehicles-act (Last Modified July 20, 2022)

20
all civil cases relating to environmental issues and questions that are linked to the implementation of

laws listed in Schedule I of the NGT Act. These include the following:

The Water (Prevention and Control of Pollution) Act, 1974;

The Water (Prevention and Control of Pollution) Cess Act, 1977;

The Forest (Conservation) Act, 1980;

The Air (Prevention and Control of Pollution) Act,

1981; The Environment (Protection) Act, 1986;

The Public Liability Insurance Act,

1991; The Biological Diversity Act,

2002.

This means that any violations pertaining only to these laws, or any order / decision taken by the

Government under these laws can be challenged before the NGT. Importantly, the NGT has not been

vested with powers to hear any matter relating to the Wildlife (Protection) Act, 1972, the Indian Forest

Act, 1927 and various laws enacted by States relating to forests, tree preservation etc. Therefore,

specific and substantial issues related to these laws cannot be raised before the NGT. You will have to

approach the State High Court or the Supreme Court through a Writ Petition (PIL) or file an Original

Suit before an appropriate Civil Judge of the taluk where the project that you intend to challenge is

located8.

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8
https://www.conservationindia.org/resources/ngt (Last Modified July 10, 2022)

20
4. CBI Courts

The Central Bureau of Investigation (CBI) is the premier investigating agency of India. Operating

under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions, the CBI is headed

by the Director. The agency has been known to investigate several economic crimes, special crimes,

cases of corruption and other high-profile cases .A CBI court is a trial court where the Central Bureau

of Investigation registers cases and for the trial of offenses punishable under Prevention of Corruption

Act the Central Government (in consultation with the Chief Justice of the High Court), designates one

or more Sessions Court as Special Court(s). Any appeal against any order passed by a CBI court can

directly be filed in the High Court for that jurisdiction. Central Bureau of Investigation after the

Home Ministry, which is in charge of domestic security, decided to expand its powers and change its

name in 1963. The Ministry of Personnel, Public Grievances and Pensions oversees the work of the

CBI9.

5. Consumer Forum.

Consumer Court is the special purpose court, in India, that deals with cases regarding consumer

disputes and grievances. These are judiciary hearings set up bythe government to protect the

consumer rights. Its main function is to maintain the fair practices by the sellers towards consumers.

Consumers can file a case against a seller if they are harassed or exploited by sellers. The court will

only give a verdict in favour of the consumers/customers if they have proof of exploitation, i.e., bills

or other documents. If a consumer does not have the proper documents required for filing a case then

it would be very difficult for the consumer to win or even file a case.

9
https://en.wikipedia.org/wiki/Central_Bureau_of_Investigation (Last Modified July 31,2022)

21
Consumer court is the special purpose court , in india , that deals with cases regarding consumer

disputes and griviences. Its main function is to maintain the fair practices by the sellers towards the

consumers .

As the legal maxim goes “ caveat emptor’’ which literally means let the buyer beware. Consumer court

is a special purpose court which is quasi judicial in nature10.

6. Legal Aid Centres

Legal aid is the provision of assistance to people otherwise unable to afford legal representation and

access to the court system. Legal aid is regarded as central in providing access to justice by ensuring

equality before the law, the right to counsel and the right to a fair trial.

A number of delivery models for legal aid have emerged, including duty lawyers, community legal

clinics and the payment of lawyers to deal with cases for individuals who are entitled to legal aid.

Legal aid is essential to guaranteeing equal access to justice for all, as provided for by Article 6.3 of

the European Convention on Human Rights regarding criminal law cases. Especially for citizens who

do not have sufficient financial means, the provision of legal aid to clients by governments will increase

the likelihood, within court proceedings, of being assisted by legal professionals for free (or at a

lower cost) or of receiving financial aid. Though legal aid aims to create more equity in the sphere of

legal practices, aid offered is often limited in its quality or its social impact by economic constraints

that dictate who can access these services and where the aforementioned services are geographically

located11.

10
https://shodhganga.inflibnet.ac.in/ consumer forum (Last Modified June 10, 2022)
11
https://shodhganga.inflibnet.ac.in (Last Modified July 10, 2022

22
7. Mediation System.

Mediation law refers to a formof alternative dispute resolution (ADR) in which the parties to a lawsuit

meet with a neutral third party in an effort to settle the case.

The purpose of mediation is to avoid the time and expense of further litigation by settling a lawsuit

early on in the process.

Mediation usually involves people meeting face to face in the presence of a neutral third person. This

person listens to each party, helps them identify their real interests and needs and then the parties

negotiate a settlement which will meet those needs. The mediator does not take sides, give legal

advice or impose a solution. Mediators assist people by managing the negotiation process, helping

people listen to each other and keeping them on track.

Mediation is used to successfully resolve many community, family, tenancy, commercial, building,

workplace, industrial relations and environmental disputes. In South Australia, the practice of co-

mediation (that is, two mediators for each mediation session) is common in disputes between

neighbors and family law matters. Co-mediation can provide gender balance and quality control, and

is also seen by some as improving fairness.

Shuttle mediation is possible where people want to negotiate but are not comfortable meeting face to

face. In this situation, the mediator can act as a go-between. Shuttle mediation is generally used only

as a last resort as it extends the time taken for mediation and is rarely as good as direct

communication between the parties12.

12
https://www.hg.org/mediation-definition.html (Last Modified August 10, 2022)

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 CHAPTER 2

OFFICE PROCEDURES AT ADVOCATE’S OFFICE

2.1 Legal Research

Legal research is generally the process of finding an answer to a legal question or checking for legal

precedent that can be cited in a brief or at trial. Sometimes, legal research can help determine whether

a legal issue is a "case of first impression" that is unregulated or lacks legal precedent. Virtually every

lawsuit, appeal, criminal case, and legal process in general requires some amount of legal research.

Legal information is organized into two general categories:

1. Primary Law: Binding law that is codified in statutes, regulations, and caselaw.

2. Secondary Sources: Not legally binding, this type of information explains primary law and

legal theory; including legal digests, treatises, journals, etc.

Aim

The purpose of legal research is to find legal documents that will aid in finding a solution to a legal

problem .

Also the academic purpose of legal research is the acquisition of knowledge .

The other purpose of research is utilitarian in nature.

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Also the primary goal of research is to understand the social life and thereby gain a greater measure of

control over social behavior .

Steps

1. Frame the legal issues and identify the keywords

2. Initial research

3. Preliminary integration of research and analysis

4. Intensive case research and analysis

5. Statute / regulation research

6. Synthesise arguments and prepare detailed outline final writing.

Personal Observations

The key to success in researching is realizing that research is a process. You cannot memorize a million

cases, but you can master the overall process of research. The research provided a critical analytical

foundation that will inform their decisions for the remainder of the case13.

13
https://shodhganga.inflibnet.ac.in/ Legal Research (Last Modified March 10, 2020)

25
2.2 Drafting

“Legal” documents seek to effectively account for the facts and law that can impact the parties to a

document. The lawyer’s role in “drafting” a legal document is to ensure they identify all the relevant

facts and law and then apply them to prepare a document that accomplishes their client’s goals. Legal

documents are typically a set of instructions for others to follow in an effort to fulfill the intent of one

or more parties to the document. Clear, complete, and functional instructions promote the client’s

goals.Various Legal documents like Affidavit,board resolution ,vakalatnama framed by me are

attached in Appendix-A, Appendix-B,Appendix-C.

Aim: To state the grounds upon which the assistance of the court is sought by the plaintiff.

Procedure:

Rules for drafting a plaint is given under Order VII, CPC, 1908. Some of the particulars which the

plaint shall contain are as follows ( Order VII Rule 1) :

1. Name of the court in which the suit is brought;

2. The name, description and address of the defendant and the plaintiff;

3. Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to

that effect;

4. The facts of the case constituting the actions and when it arouses;

5. The facts showing that the court has the jurisdiction to listen to the case

6. The relief which the plaintiff claims;

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 7. Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the

amount or relinquished; and

8. A statement of the value of the subject-matter of the suit for the purpose of jurisdiction

and the court-fees, so far as the case admits.

Personal Observation:

Drafting is the most crucial part of the case. An advocate must include all the facts and other important

information related to their case while drafting a plaint.

A. Summary of the Drafting Process

The drafting process is examined in detail in the attached PowerPoint handouts. The process can be

summarized and reduced to three steps:

(1) Identify the facts that define what must be addressed in the document;

(2) Research the law:

(a) implicated by the facts; and

(b) implicated by the subject matter of the document; and

27
(3) Use the law and facts to state the terms of the document that will accomplish your client’s goals.

B. The Drafting “Skill”

Drafting consists of the following skills:

(1) Obtaining information from the client and other sources necessary to fully understand the

client’s goals and the commercial context in which the parties operate;

(2) Preparing a rough draft expressing the basic agreement the client contemplates;

(3) Analyzing the rough draft to identify the legal issues that impact each term of the rough draft.

(4) Researching all legal issues to identify how the applicable law should be accounted for in the

agreement;

(5) Analyzing the rough draft and the applicable law to identify planning and

structuring opportunities available to the client;

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(6) Redrafting the agreement by applying the applicable law to accomplish the client’s

planning, structuring, and underlying business goals;

(7) Using the client to test the document to ensure it will be appropriate for their business needs,

including the client’s administration of the document; and

(8) Editing and revising the document to ensure the deal is stated using a format and language

that are clear, concise, and functional14.

14
https://shodhganga.inflibnet.ac.in/ Legal Drafting (Last Modified July 20, 2022)

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 CHAPTER 3
FILING A CASE AND COURT PROCEDURES

3.11 (a) PROCEDURES OF FILING A CASE AT REGISTRY

(i) Filing a Suit/ Plaint

Written complaint is known as plaint. At first stage, plaintiff file a suit against the defendant.
Plaint is a statement in writing of grounds of complaint made to court of law.

(ii) Vakalatnama

Vakalatnama is a document by which the party filing the case authorizes the advocate to
represent on their behalf. It is mandatory document to be attached while filing the suit and is
signed by both the party and the advocate.

(iii) Court Fees

Court fees are the payment of the fees for the adjudication of the cases. The payment of the
appropriate amount of the court fees is necessary before adjudication of the case.

(iv) How proceedings are conducted

1. On the first day of hearing, if the court thinks there are merits in the case, it will issue notice to
the opposite party, to submit their arguments, and fix a date.

2. On issuance of notice to the opposite party, the plaintiff is required to do the following:

a) File requisite amount of the procedure— fee in the court.

b) File two copies of the plaint for each defendant in the court, i.e. if there are 3 defendants, 6
copies have to be filed.

c) Of, the 2 copies for each defendant, one shall be sent by register/post/courier, and one by
ordinary post.

d) Such filing should be done within 7 days, from date of order of notice.

30
v) Written statement

When the notice has been issued to the defendant, he is required to appear on the date mentioned
in the notice. Before such date, the defendant is required to file his ‘written statement’, i.e. his
defense against the allegation raised by the plaintiff, within 30 days from the date of service of
notice, or within such time as given by court.

vi) Replication by plaintiff

Replication is a reply, filed by the plaintiff, against the ‘written statement’ of defendant.
‘Replication’ should also specifically deny the allegation raised by the defendant in written
statement. Anything not denied is deemed to be accepted.

vii) Filing of other documents

After the replication, both the parties present their evidences and witnesses to the case.

viii) Framing of issues

The court frame the issues involved in the case. Issues are to be considered and decided by the
court only.

ix) Final Hearing

It is the last stage of the case. This settle the case through the final.

x) Appeal, reference and review

After the judgement being passed, the parties to the case can appeal in superior court if they are
not satisfied with judgement passed by the subordinate court. For every appeal there is an
limitation period to it within which you can appeal otherwise not.

(b) VARIOUS FORMS OF COURT PROCEDURES

(I) Bail Bond

A judge seta a bail amount. If defendant cannot pay whole bail amount then he can make a bail
bond. Bail bond is a written promise signed by a defendant will appear in court at the scheduled
time and date, as ordered by the court.

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(II) Memorandum of appeal

Memorandum of appeal is the set of grounds upon which judicial examination is requested in the
court. It contains the main grounds related to the case.

(III) Process Fees Form

It is the fees that have to be paid before any process or service without its payment no process
shall be prepared or issued until the proper fee for the service thereof has been pid but as soon as
the process fee is paid by a litigant his agent .

(c) FILING BEFORE THE A RELEVANT COURT

Every court has its own jurisdiction. They can exercise only in its jurisdiction. The Plaint or
written complaint could filed only in the relevant court which means that the court which have
the jurisdiction to hear that particular case can hear to that case. Filing before the wrong court
can dismiss the plaint at the initial stage.

(d) LISTING OF CASES FOR HEARING

After the filing of the case, the cases then scheduled in the cause list and according to it cases
heard by the court on the following days. Cause list contains the case number given to the case
and have an item number.

(e) STRUCTURE OF COURT STAFF, THEIR NOMENCLATURE AND FUNCTIONS

READER TO THE HONOURABLE JUDGE- She maintains all the case files of the cases being
heard in the court and prompts the judge with the various cases and other documents.

STENO TO THE JUDGE- Records the orders of the honorable judge.

TYPIST- Type each an everything going on with the court room.

NAIB COURT- He maintains the attendance register for the witnesses and the accused and
assists the reader with the maintenance of case file. He also calls the witness or accused inside
the court room when asked by the judge.

(f) ASSESSMENT AND PAYMENT OF RIGHT COURT FEE

Court fees is the fees that have to be paid before any process or service without its payment no
process shall be prepared or issued until the proper fee for the service thereof has been paid but

32
as soon as the process fee is paid by a litigant his agent.

3.2 COURT MANNERS / PROCEDURES

1. Wearing right clothes- It is very important and cannot be omitted to wear the right clothes in
the court. The advocates must be in white shirt and black pants and also wearing their white band
around the neck.

2. Arrive on time- Reaching court room on time, i.e. before the call of your case you should be in
the court. It saves the time of the court and helps the case to move forward faster.

3. No mobile phones or electronic device- You should not use your mobile phones or any other
electronic device inside the court room.

4. You should be polite to judge, to your opposite counsel and the court staff.

5. Rise when judge / jury enter and leave the court room. Stand when appealing to judge or
mating or meeting an objection or questioning a witness.

6. Do no interrupt others while they are talking or making their argument.

7. Direct all the concerns and remarks to the bench and not to the opposing counsel.

3.3 HEARING AND PLEADING

Pleading are important to the trial or hearing process as they set out the parameters of what
exactly a litigant is asking the court for. Pleading means to plead before the court and express
yourself before the court.

Plea Hearing- When defendant responds to the criminal charges against him is known as plea
hearing.

3.4 RECEIVING A COPY OF ORDER

Certified copy of order, mean, the final order of the court and having the seal and stamp of the
court. Certified copy of useful, in case of execution of the order, or in case of appeal. Certified
copy can be applied by making an application to the registry of concerned court, along with
nominal fees of the order. In case of ‘urgent’ requirement some additional amount has to be
deposited. ‘Urgent order’ can be obtained within a week, and the normal might take 15 days.

33
3.5 APPEAL PROCEDURE

The appeal shall be filed in the form prescribed, signed by the appellant along with a true
certified copy of the order.

The appeal shall contain the grounds of objection under distinct heads and such grounds shall be
numbered consecutively.

If the appeal is against a decree for payment of money, the court may require the appellant to
deposit the disputed amount or furnish any other security.

A ground / objection which has not been mentioned in the appeal, cannot be taken upon for
arguments, without the permission of court.

Similarly any point of act which was not taken up by the appellant, in lower court, cannot be
taken up in the appeal lies only against only those points which have been decided by the court
rightly or wrongly.

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 CHAPTER 4
CASE DIARY

S.no Date Name of Legal Draft

1 17.06.2022 Affidavit

2 20.06.2022 Board Resolution

3 22.06.2022 Vakalatnama

4 01.07.2022 Memorandum Of Appearance

35
 Name of Legal Draft - Affidavit

Date on Which it is Assigned - 17.06.2022

FORM NO.NCLT.6
{See rule 34]
[HEADING AS IN FORM NCLT. 4]

Company Petition No 18 of 2022

AFFIDAVIT

I (1) Shri Kedar Kumar R/o 1, Rajput Boarding Colony, Goregaon do solemnly affirm and say as
follows: —

1. That I am the directors of Kedar Industries PVT. LTD. a Company registered under the Companies
Act, 2013 and having its Registered Office at 'Swapnil', Rambaug, Collectorate Area, Goregaon
(Maharashtra).

2. That the statements made in the Declaration that no unusual money was deposited in the bank during
the demonetization period are based on the information derived from the records of the Company and
are made true to the best of our knowledge and belief.

3. That the affairs of the Company have been properly inquired into by us and in our opinion the affairs
of the Company shall be voluntarily.

4. That the Company is having all the transactional records of the said duration.

5.That the information given is true and correct to the best of our knowledge and belief and that it
conceals nothing and that no part of it is false.

For, Kedar Industries

PVT. LTD. 36/286,

MIDC,

Mumbai

Date – 17.06.2022

VI
Mr. Kedar Kumar

VI
 Name of Legal Draft – Board Resolution

Date on Which it is Assigned - 20.06.2022

The copy of an extract from the minutes of the board meeting of the board of
directorsof M/s RCF LTD duly convened at which a proper quorum was present, held
at the registered office of the company on 20th Day of June 2022.

Resolved that Mr.Vaibhav Jain be and are hereby authorised to sign and execute any of the
above mentioned documents, carry out modifications or amendments thereto and affix the
Common seal of the Company thereon (wherever necessary) in accordance with Articles of
association of the Company.

Resolved further that Mr.Rakesh Kumar are hereby appointed as the true and lawful
representative of the company to do all or any of the acts,deeds,things specified
hereinafter in connection with the above matter in the NCLT MUMBAI for
revisional review jurisdiction.
The resolution was passed unanimously.

Name of the Firm : RCF LTD

Managing Director : NAVEEN JAIN
(Chairman of the Meeting)

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 Name of Legal Draft – Vakalatnama

Date on Which it is Assigned - 22.06.2022

Before the Honourable National Company Law Tribunal (NCLT) – Mumbai

Between ABC LTD VS EFG LTD

I / we ABC Pvt Ltd, A-5/130 Sector 9, Delhi 110085 do hereby appoint & retain Advocate
Om Rai and Advocate Vivek Jain(hereinafter called as “the Advocates”) to be my / our
advocates in the said Suit /Appeal / Petition / Case?Reference / Revision / Execution. I / we
authorize the Advocates to do any or all of the following on my / our behalf:

a) to represent, act and appear for me / us;

b) to conduct and prosecute (or defend) the same and all proceedings that may be taken in
respect of any application connected with the same or any decree of order passed
therein;
c) to sign, file, verify, present, and receive all types of documents including plaints,
statements, pleadings, appeals, cross objections, petitions, applications,
revision,withdrawal, compromise or affidavits;
d) to withdraw or compromise or submit to arbitration any differences or disputes that
may arise touching or in any manner relating to the said case;
e) to deposit, draw and receive money, cheques, cash and grant receipts thereof;
f) to do all other acts and things which may be necessary or expedient, in the opinion of
the Advocates, to be done.
I/We do hereby agree to ratify and confirm all acts done by the Advocate or his substitute
in the matter as my/our own acts, as if done by me/us to all intents and purposes.

Advocate Name Mobile No. Signature

Advocate Om Rai

Vivek jain

VI
 Name of Legal Draft – Memorandum of Appearance

Date on Which it is Assigned - 01.07.2022

FORM NO. NCLT. 12

(See rule 45)
Memorandum of Appearance

To
The Registrar,

National Company Law Tribunal Mumbai Bench,

In the matter of RCF LTD Petitioner.
V.
BHEL LTD Respondent
(C.P. NO 15 of 2022)
Sir,
Please take notice that I, VAIBHAV JAIN, Company Secretary in practice/ practising Chartered
Accountant/ practising Cost Accountant, duly authorised to enter appearance, and do hereby enter
appearance, on behalf of RCF LTD petitioner/ opposite party/ Registrar/ Regional Director/
Government of Mumbai in the above-mentioned petition.
A copy of the resolution passed by the Board of Directors authorising me to enter appearance and to act for every
purpose connected with the proceedings for the said party is enclosed, duly signed by me for identification.

Yours Sincerely
Dated 01.07.2022
Address- C-4 Mumbai Goregaon
Enclosure as aforesaid
Telephone No.- 01122383571

VI
 CHAPTER 5
LEARNING SUMMARY

5.1 Achievements During the Internship

First of all, doing a online internship is a dfferent task to me.

Before Internship my knowledge about Legal Research and Drafting was minimal and when it comes

to related procedures, I knew nothing at all. Now that my 7-week internship is over, I feel I have really

learned a lot.

It was a great experience for me my practical knowledge &legal skills are enhanced. In college we

generally get theoretical knowledge but during my internship learned how to apply my theoretical

knowledges practically in real life.

I learned the ethics which an advocate has to follow in his professional life.

This internship taught me the values of discipline, punctuality,efficiency,&other values which are

very important for an advocate to learn.

The main task of the internship is Legal Research and Drafting.

VI
5.2 Ethical issues obeserved or faced -:

1. For a Internee the support of staff is very important so respect should be given to staff & we

should talk to them humbly.

2. Timely submission of tasks to firm.

3. Working digitally is also one of the ethical issue I observed.

5.3 Suggestions

The summer internship is the first time law students step outside a classroom and dive deep into the

practical workings of the legal world. It’s time to use whatever you’ve learned in the classroom in

real life.Skills that law schools do not teach you, but you must acquire in order to find early success

in your legal career are :

 The ability to find, understand and analyse any law whatsoever.

 The ability to put an argument or a point across in writing or through a speech.

 The ability to draft and negotiate contracts.

 The ability to come up with a legal strategy or legal position given a specific situation, and the

ability to advice clients regarding the same

 The ability to plan and manage a legal process efficiently from the beginning till a remedy is

obtained or deal is closed. Also known as project management skill – every case or matter is a

project after all.

 The ability to understand and support the commercial/pecuniary objectives of clients, as well as

comprehensive understanding of business models, organizational models and business logic

behind any transaction

VI
 The ability to process a large amount of information to quickly arrive at what is important in any

given situation

 The ability to invent a solution through creativity, but supported by legal analysis

 The ability to understand and implement procedural aspects of law with a very high level of

attention to details (eg. deftly handling the registry of a court, or ensuring quick enforcement of a

decree in a clogged legal system)

 The ability to represent the interests of an unrelated person dispassionately, coherently, only

based on legal logic before an authority or another party.

VI
 BIBLIOGRAPHY/REFERENCES

Material has been collected from various websites, and bare acts some of them are as follows:

1) www.pathlegal.in

2) www.jurisnet.in

3) www.latestlaws.com

4) www.barcounsilofindia.in

5) www.lawteacher.net

6) www.legalserviceindia.in

7) www.indiankanoon.org

8) www.mca.gov.in

9) manupatrafast.com

10) indiancourts.nic.in

 Companies Act, 2013

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