WORKSHEET
NIRMA UNIVERSITY
INSTITUTE OF LAW
INTERNSHIP COMMITTEE
High Court Internship
Name of the Student : Deep Hirani
Name of the Institution : Advocate Nirzar S. Desai
Institution’s Address : 305, Vrundavan Enclave, AEC Cross
Road, 132 Feet Ring Road, Vijay Char
Rasta, Naranpura, Ahmedabad, Gujarat
380013
Name of the Supervisor : Adv. Deepak
Email : [Link]@[Link]
:
Phone/Mobile No. 98250 24354
Period: : From __1/01/2019____to
_____27/1.2019_____
Sr. Work done at Field
No.
Week 1 1) Read the case file
2) Learning about the drafting
3) Court procedure and administration of the court
Week 2 1)Visit to the Court
2) See the proceedings of the case
3) How is case registered
1
4) How to take out the cause list from the official site of the High Court of Gujarat
Week 3 1) See the Proceedings
2) Going the Contract and how is the format of the Contract
3) Read the case file of Gujarat Housing Board case vs Rasikaben Patel
Week 4 1). See the proceedings of the case in the court
2) Reading the case files of that particular day in the office hours
3) Read the case file of the Maxim Tubes vs. Commission of central goods and
service tax.
4) Read the case file of the Union of India vs S M N. Shah
Signature of Supervisor Signature of Student
FINAL REPORT
2
Nirma University
Institute of Law
IV Semester [Link]. LL.B (Hons.) Course
Report of Internship Training
With High Court
As a part of Internship Program
For the academic year 2018-2019
Prepared & Submitted By
Deep Hirani (17bbl008)
Table of Content
3
Sr. No Subject Page No
1. Preface 5
2. Acknowledgement 6
3. Certificate 7
4. List of abbreviations 8
5. Executive Summary 9,10,11
6. Brief About NGO/Law Firm/Trial Court/High 12
Court/Supreme Court/Institution
7. Introduction 13
8. Outcome of your learning and observations 14
during the internship
9. Relevant cases and laws referred and researched 15,16
during the internship relating to the matters and
cases
10. Conclusion 17
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
4
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: 28th January, 2019 Deep Hirani (17bbl008)
Acknowledgment
I would like to thank for giving the opportunity to do the
internship within the organization. It was a unique experience
interning under the guidance of Adv. Nirzar S. Desai. The
5
Internship opportunity I had with Adv. Nirzar S. Desai was a
great learning experience as well personal growth and
professional development. I am also grateful to have met the so
many wonderful people during my internship from whom I got
to learn.
I am also thankful to Dr.(Prof.) Purvi Pokharyal Director,
Insititute of Law, Nirma University & tthe Adv. Nirzar Desai
who took the time inspite of their busy schedule and workload in
court and allowed to carry out my project at their esteemed
office. I would also thank the Internship committee, ILNU for
giving us the opportunity to explore and the legal field for our
future years.
Certificate
6
List of Abbreviations
7
Sr No. Abbreviation Full Form
1. Hon’ble Honourable
2. Adv. Advocate
3. GST Goods and Service Tax
4. Oths Others
5. IPC Indian Penal Code
6. C.r.P.c. Code of Criminal Procedure
EXECUTIVE SUMMARY
8
Overview:
I interned at the Gujarat High Court in Ahmedabad, under the
Adv. Nirzar S. Desai. The timings of the internship were from 11
am to 8pm. I was introduced to the courts on the very first day.
Mainly the work was reading the files and on day to day
proceedings of the cases which the lawyer was involved and then
see what is the verdict and if the judgment is given then read the
judgment.
Summary of weekly work done.
During the first week of my internship at the Gujarat High Court, on the
very first day, I went to directly to the office as in court winter break was
going on, so at the office I was given the case files, which in recent times
judgments were given. Basically, the office hours were only from 9 am to
12:30 pm. During this first week, I was oriented with how any particular
case enter into the board and how is drafting done but not in depth.
During the second week of my internship, I was directly called to the court
as breaks were over and I was told to accompany the associates to the
particular courts and wait for our number to be called. After that I was
shown the departments where all the cases are filled and if the cases had
been given the judgment then to collect the judgement from the office.
After the court hours, we were told to go to the office, where the associates
prepared for the next day and also prepare arguments. Even the cause list is
printed out from the official site of the Hon’ble high court.
During the third week, the process went the same with reading the case files
and going to the court and see the proceedings of the case in the court and
after the court hours.
9
During the fourth week, the process remained the same, so the proceedings
of the case Maxim tubes vs. Commission of central goods and service tax
and after the court hours, went to the office and read the case file. Another
thing we did on the fourth week is we saw Vetting cantonment contract
where we were asked to go through and if any mistake in writing the legal
terms, then we had to correct that mistake.
Descriptions of Laws Learnt/dealt with
1). Constitution of India
2). Goods and service tax
3) Indian Penal Code : -
1) 114 – Abettor present when offence is committed
2) 302 - Punishment for murder
3) 342 – Punishment for wrongful confinement
4) C.r.P.c (Code of Criminal Procedure)
Learning Outcome:
The major learning outcome during the course of my internship:
10
Improvement and refining analytical and communication skills.
Gaining exposure to a breadth of criminal law.
Engaging in a strong, supportive mentoring relationship with
advocates.
Gaining a unique perspective of how a court works.
Learnt the difference between good and bad advocacy from reading
briefs and watching oral arguments.
Analysis of Final Report:
The Final Report further deals in detail about the various cases read,
various laws and my experience during the course of my internship. With
each passing day at the High court, there was a growth in the capacity of
my knowledge. I was given a task to analyze the cases for the day and
present my view points on the same if any.
A Brief of High Court
11
The Gujarat High Court is the high court of the State Gujarat. It
was established on the 1st May, 1960 under the Bombay state Re-
organization Act,1960 and after the state of Gujarat split from the
Bombay State. The Court is set up in Ahmedabad. The present
strength of the Gujarat High Court is 27 against sanctioned strength
of 52. The bench of high court is presided by the Chief justice.
They are appointed by President of India under warrant. All the
judges of the high court are appointed by the President of India
after consulting the Governor of Gujarat, Chief Justice of India and
Chief Justice of Gujarat. The current Chief Justice of the High
court is Hon’ble Justice Anant S. Dave. Qualification to be judge
of Gujarat High Court is that the Individual must be citizen of
India, Individual must have hold a judicial office in India for at
least ten years, and also advocate in any High court or two or more
courts in succession for at least 10 years.
12
Introduction
During the course of Internship, I was mainly asked to see the proceedings
and read the case files of the cases on that particular day during the office
hours. The Advocate under who I was working was a public prosecutor and
dealt with the civil cases and even the criminal cases. I was also briefed
about the how is drafting done and how a case comes on the cause list and
departments in the court where drafting and case registration is done. In the
internship I came across the court mannerisms which is to be strictly
followed such as the wearing of the uniform, maintaining silence during the
case proceedings, etc. Overall the conversation with the people was friendly
and the advocate and the associates were friendly and helpful.
13
Outcome of your learning and observations during the internship
It is said that practical knowledge is far better than the knowledge one gets from books
which was finely proved to me during the course of my internship. I worked in Gujarat
High court, Ahmedabad under Adv. Nirzar S. Desai. High court are the principal civil
courts of original jurisdiction in each and state and union territory.
The major learning outcome from the internship was-
Improvement and refining analytical and communication skills.
Gaining exposure to a breadth of criminal law.
Engaging in a strong, supportive mentoring relationship with advocates.
Gaining a unique perspective of how a court works.
Learnt the difference between good and bad advocacy from reading briefs and
watching oral arguments.
After reading several cases, I have learned so many various things which are very
necessary for a law student to know. I observed that a lawyer must have good and
wide range of contacts and only if he would have contacts then he would be worth
and he would have large number of cases and it would help him in doing his work
at ease. Even the good lawyers with good contacts are favored by the judges. It was
also observed that lawyers for their client’s sake do mold the facts and do speak
flawless lies so that their clients are saved.
14
Relevant cases and laws referred and researched during
the internship relating to the matters and cases
1. Rasikaben Patel vs. Gujarat Housing Board & othrs 2017
Facts of the Case: - Housing society was created by the Gujarat Housing Board.
There was a blast in the overhead tank and it resulted in collapse of the roof slab
of 2 floors in the D wing of the society, after the collapse AMC ordered a probe
to the structural strength by a structure engineer. As per that remark structural
engineer the AMC called for new building in place of old building. To give the
new building Gujarat Housing board with the builder of the Gujarat housing
board society builder get into the tri-party agreement with the Ekta Apartment.
As per the agreement they would get 13 floor building with the two floors of
shop, here the petitioner was holding the shop on the ground floor of the old
building. The challenges before the court were : -
1) Tri- party agreement is illegal.
2) Petitioner consent was not taken for the project
3) He should get the shop on the ground floor of the new building
Judgment of the case:- Tri party agreement was in favor of the flat owners and
also for the petitioner as the he was getting more space in the new shop in the
new building.
2) Maxim tubes vs. Commission of central goods and service tax
The judgment of the case were that Maxim tubes is the company which
manufactures tubes, the issue was the when the GST was introduced 1st
July,2017 it was stated they are charged 18% when they import the goods and
18% when they manufacture. So, they challenged this that they can’t pay on the
basis of orders as the condition laid here was that GST will only be charged
when they import and they order so that they need materials to manufacture the
tubes, so in return they said they can’t comply with condition.
15
The judgment of the case is still in reserve.
3) Polabhai Khimshibhai Ulava vs. State of Gujarat
Facts of the case are that the complainant Polabhai filed a complaint that 3
persons including Complainant himself, his brother in law and his cousin went to
the Ramdev hotel for lunch. They went to the ‘Pan parlor’ to have pan masala
and there they had an angry conversation with the owner for paying the money.
Then after complainant leaved the place and as they reached to the Chathiyarada
village respondent along which other 10-12 people attacked them with sticks and
knife. So they filled in the High Court.
The judgment is still in reserve
4) Harilal Hirjibhai Vaselia vs. MSR. Gajanand transport
The applicants had filled before the learned Motor Accident Claim
Tribunal(Auxiliary), claiming for the compensation Rs 10,00,000/- and the
Learned Tribunal was pleased to grant only Rs. 7,61,250 /- so with this the
applicants where not satisfied with the Learned Tribunal decision so they
filled in High court. The civil application for condonation of delay in
preferring the First Appeal. The reason stated by the applicants about the
delay was that they were not knowing about the civil application and due to
poor background led them to file this first appeal after much time.
The case is going on. Judgment is yet to come
5) Jayantilal Suraji Thakur vs State of Gujarat
The facts of the case are that the appellant was kidnapped along with others and
all were taken to UP when they all returned, everyone accused as kidnapper a
man murdered and thus allegations on the appellant. The appellant had applied
for bail in the Gujarat High Court.
The judgment is yet to come.
16
Conclusion
The internship provided me with great exposure knowledge, network and helped
me mold myself professionally and personally. It has helped me stay calm and
positive and has as well added a new experience in my life. It specifically has
taught me the importance of knowing your basics right. I have learnt and gained in:
Improvement and refining analytical and communication skills.
Gaining exposure to a breadth of criminal law.
Engaging in a strong, supportive mentoring relationship with advocates.
Gaining a unique perspective of how a court works.
Learnt the difference between good and bad advocacy from reading briefs and
watching oral arguments.
17
