INTERNSHIP DIARY

SHARANJEET KAUR (236591)

SECTION – A

EXAMINATION ROLL NO. 21310806424

LAW CENTRE 1, FACULTY OF

LAW, UNIVERSITY OF DELHI
TABLE OF CONTENTS
INTRODUCTION ............................................................................................................................................. 2

ACKNOWLEDGEMENT ................................................................................................................................... 3

DECLARATION ............................................................................................................................................... 4

INTERNSHIP CERTIFICATE.............................................................................................................................. 5

DAYWISE SUMMARY ..................................................................................................................................... 7

CONCLUSION............................................................................................................................................... 21

ANNEXURE 1 ............................................................................................................................................... 21

ANNEXURE 2 ............................................................................................................................................... 27

Annexure 3 .................................................................................................................................................. 30

Annexure 4 .................................................................................................................................................. 40

Annexure 5 .................................................................................................................................................. 43

Annexure 6 .................................................................................................................................................. 45
INTRODUCTION

In the field of law for better understanding of anything we need to do internship which is very
important for understanding any topic easily. Understanding any topic theoretical is not enough
we have learnt everything practical is also necessary. The internship is a mode through which
students can learn the nuances of law and see the law in action. The practice of law requires
active steps to be taken right from the stage one enters into law school.

I got the opportunity to intern under Adv. Mr. SUSHIL KUMAR, who has been practicing for
more than ten years and he has handled a lot of important cases. He is a respected lawyer within
numerous features. I completed my internship under him in the month of 1st November to 1st
December and it was a great learning experience for me. The internship gave me the opportunity
to look inside the judicial system and its working. I dealt with people directly and investigated
their problems under the able guidance of Adv. Mr. SUSHIL KUMAR Sir.

Not all legal acts happen in courts, a lot of legal mind is applied behind the canvas of court,
inside a lawyer’s chamber. A great deal about planning, counseling, legal drafting,
brainstorming, and record maintenance is taken up by a lawyer to make a good case. I visited
different Courts regarding different matters fixed in courts in daily routine where I got an
opportunity to observe their working. It was a valuable insight into the actual working of courts
and lawyers.

Although I will try my best to share my experience, yet there are certain limitations to my
memory and knowledge. I have included maximum number ofcases which I have handled during
my internship.
ACKNOWLEDGEMENT

Before submitting my detailed internship diary, I find an opportunity to place on record my

warm gratitude towards Professor MR. KRISHNA MURARI YADAV for providing such an
opportunity to explore and learn so much of practical aspects of the law that we had already
learnt in the classroom.

I am also thankful for his inspiring guidance, supervision, expert suggestion & encouragement
which helped me to understand the application of law taught in the actual practice of law in and
outside court.

It is my proud privilege to express my sincere gratitude to Mr. SUSHIL KUMAR (Advocate)

under whose guidance I have successfully completed my internship. I have gained a lot from the
experience of both standing at Bar which has helped me in gaining insight into the working of
the judicial system of our country.
DECLARATION

This is to certify that the internship diary on moot court and trial course which is submitted by
SHARANJEET KAUR in partial fulfillment of the requirement for the degree of LL.B. to Law
Centre 1, Faculty of Law, Delhi University, comprises only my general work & due
acknowledgement has been made in the text to all material used. All the materials and cases
submitted by me is neither of any other’s work not it is submitted before.

I have done my internship under the guidance of Adv Mr. SUSHIL KUMAR from September1,
2023 to November 3, 2023.

Name of the Student: SHARANJEET KAUR Law Center 1, Faculty of Law, Delhi University
INTERNSHIP CERTIFICATE
DAYWISE SUMMARY

September 1, 2023 (Day 1)

This was the 1st day of my internship at Kumar and Associates. The reporting time was at sharp
9:30 AM at the chamber of the advocate. Adv. Mr. SUSHIL KUMAR was busy preparing for a
NCLT matter to be attended via video conferencing. I was welcomed by him and he introduced
to his associates.

I was introduced to all the other associates in the firm, and later in lunch break with sir himself. I,
along with another intern, a 1st year LL.B. student from IP university, was given the task of
preparing a thorough & comprehensive fact sheet after reading the file of a matter named
SEVEN HILLS ESTATES LTD. & ANR. V. SEVEN HILLS FLAT OWNERS’
ASSOCIATION, which was a matter listed at Real Estate Appellate Tribunal, Odisha.
The copy of factsheet prepared by me is annexed herein as Annexure 1.

In the later half of the day, we were given a file of the case named Meenu Gupta and Ors vs
Sandeep Gupta and Ors. This case was a recovery suit filed by Ms. Meenu Gupta and other
plaintiffs against Ms. Sandeep Gupta and IGL Ltd. (defendants) to recover the amount due by the
defendants towards the plaintiff for construction of gas pipeline. We were litigating on behalf of
IGL ltd. Recovery suit was already filed by the plaintiffs.
Later, in this case, a writ petition was filed by them under article 227 of Constitution of India
before Hon’ble Delhi High Court .PETITION UNDER THE ARTICLE 227 OF THE
CONSTITUTION OF INDIA FOR ISSUANCE OF DIRECTION AND / OR ORDER
SEEKING INTER ALIA QUASHING OF THE ORDER DATED 02.02.2023 PASSED BY
DISTRICT JUDGE (COMMERCIAL COURT)-04 SHAHDARA, KARKARDOOMA, DELHI
was filed by the Plaintiff-petitioners to stop the District Judge to hear the arguments under
recovery suit summarily before deciding applications filed in suit such as Application under O39,
R1&2 CPC, O38 R5, O7R11 CPC.
We were required to Thoroughly read the file and prepare a brief upon the facts and the laws
involved in the present case, to be presented to my senior lawyer, Adv. MrSUSHIL KUMAR.
The first day was a very exhausting one. After having done all the work, I along with other
associates, left the office at 8 PM in the evening.

September 5, 2023 (day 2)

PLACE: SAKET COURT
WORK: TO ATTEND COURT PROCEEDINGS

That day we must go to Saket District Court with our advocate to look around the proceedings of
the court. I went to the court with other interns, and we come to know that our case is on 24th no.
There was list of case outside the courtroom Which was going to be considered by the judge. Our
case was on 24th number so we went inside the courtroom and watched the proceedings of the
court.
After some time they called the name of our case named Nasreen Siddiqui v. Mohammad
Aslam Siddiqui
It was the case of maintenance under section 12 of the Domestic Violence Act.
Fact of the case: -
In this case Appellant Nasreen Siddiqui and respondent marriage was solemnized by Muslim
rites. But after few days respondent and his family started torturing the appellant for dowry. The
appellant tried all the methods for settlement but didn’t get success. When their torture became
unbearable, she went to police station and filled an FIR. This case is for maintance under section
12 of the Domestic Violence Act.

Learning outcomes: -
Difference between maintenance under section 125 of code of criminal procedure and section 12
of Domestic Violence Act.
Section 125 of Code of Criminal Procedure provides for maintenance not only to the wife but
also to child and parents. Court may order a husband who has sufficient means but neglects or
refuses to maintain his wife who is unable to maintain herself to provide monthly maintenance to
her. On the other hand, under Section 12 of the Domestic Violence Act Any women and her
children who while being in a domestic relationship has been subjected to domestic violence can
file an application to magistrate for maintenance under section 12 r/w section 20 of the DV Act.
September 6, 2023 (Day 3)
PLACE: Lawyer’s Chamber
TASK: To draft an affidavit (ex parte evidence by way of affidavit on behalf of PW1
Madhu

On that day my advocate had given a task to make a draft. I had to work on word and must make
a draft of ex parte evidence by way of affidavit. This draft was related with the case of
MadhuTithre vs. Madan 2964 /2019. It took me 2-3 hours to draft this affidavit, since it was the
1st time ever I drafted a legal document to be filed in the court.
A copy of the affidavit is herein annexed to this legal diary as Annexure 2.

September 7, 2023 (day 4)

PLACE: Lawyer’s Chamber
Task: To read a judgement by Delhi High Court dated 9th May 2023 in the matter of
Union Of India vs Reliance Industries O.M.P. (COMM) 487/2018 and I.A. 16396/2018 &
2448/2022.

My Task was to read the entire judgement, prepare the fact sheet and the law sheet. Fact sheet
was supposedly to contain all the facts in a tabular form datewise, while the law-sheet was to
contain all the statutory provisions and legal points discussed in the judgement.
I was asked to prepare these 2 documents and present these 2 along with the briefing to the Sir. It
took me 2-2.5 hours to do all the 3 tasks. I received appreciation for the quality of work done by
me.

September 11, 2023 (day 7)

PLACE: Lawyer’s Office
Task: To prepare Law sheet, Judgement sheet & Fact sheet in regard to a petition for an
arbitration proceeding pending before the Hon’ble High Court of Delhi.
I was given the task of reading the entire petition filed on behalf of Onsumaye Web Solutions
Pvt. Ltd in the case of Onsumaye Web Solutions Pvt. Ltd vas Karni IT services Ltd., which was
a petition filed under section 11(6) of Arbitration and Conciliation Act, 1996. This petition was
filed for appointment of an arbitrator by the Hon’ble High Court of Delhi because in this case,
the respondent failed to recommend the name of an arbitrator to resolve the on-going dispute
between the petitioner and the respondent.
The fact sheet, law sheet and the judgement sheet have been annexed herein as Annexure 3.

September 12, 2023 (Day 8)

PLACE: - LAWYER’S CHAMBER
TASK: - TO WRITE AN ARTICLE ON ADULTERY IN INDIA

Summary of Article: The law of adultery because it stands in India punishes only man and
assumes that altogether cases “man is the seducer‟ and therefore the women, who is an equal
participant is viewed as a victim. There are numerous debates about the discriminatory stance of
the supply, The insistence of the National commission for ladies and therefore the report of the
MadhavMenon committee & the 42nd Report of the Law Commission of India, have breathed a
replacement lease of life within the dying controversy.

The law concerning adultery as existing within the Indian legal code under section 497has been
criticized ever since it’s commencement. Its validity both on the constitutional grounds also as
philosophical grounds has been challenged time and again. But the law still stands as it is.In
India the law of adultery is punishable under section 497 of the IPC, but originally the framersof
the code didn’t make adultery an offence punishable under the Code, it had been the Second law
commission which after considering the topic, concluded that it had been not advisable to
exclude this offence from the Code. Adultery figures within the penal law of the many nations
and a few of the foremost celebrated English Lawyers have considered its omission from English
Law as a defect. Section 497 IPC Provides: ―Whoever has sexual activity with an individual
who is and whom he known or has reason to believe to be the wife of another man, without the
consent or connivance of that man, such sexual activity not amounting to the offence of rape, is
guilty of the offence of adultery, and shall be punished with imprisonment of either description
for a term whichcan reach five years or with fine, or with both. In such a case the wife shall not
be punishable as an abettor. The law commissioners have limited the cognizance of this offence
to adultery committed with a wife, and therefore the male offender alone has been made
susceptible to punishment.

September 13, 2023 (Day 9)

PLACE: - Lawyer’s Chamber
TASK: - TO READ CHARGESHEET

My Advocate had given a task to read the chargesheet of the case State v. Bhupendra Kumar. We
must summarize the chargesheet and narrate to our advocate. This case was related with section
420 of the Indian Penal Code which deals with cheating. The respondent and one other co –
accused name Manoj were charged under section 420 of the Indian Penal Code 1860 for using
certain documents to gain profit and by using this he cheated to appellant.

LEARNING OUTCOMES: -
i. What is chargesheet? - According to Section 173 of CrPC, a charge sheet is a report
generated by police officers after investigating a case. It is submitted before the court
for initiating the criminal trial.
ii. ii. Contents of Charge Sheet: According to section 173(2) of Code of Criminal
Proceure,1973 following shall be the contents of the charge sheet:
 Name of parties.
 Nature of information. Names of persons acquainted with the case.
 Whether any offence has been committed or not? If so, by whom.
 Whether the accused is arrested or not?
 Has the accused been released on bond, and if yes, surety and bond details to be
mentioned.
 Whether the accused has been forwarded to custody under section 170 of CrPC?
 Whether the medical examination report has been attached with the charge sheet if
the offence is related to rape under section 376, 376A, 376B, 376C, 376D, 376E of
IPC?
  The officer shall also communicate in the manner prescribed by State Government if
he has taken any action in response to the person giving FIR.

Since it was a saturday, with no much significant work left for the day , A party was organized
by Kapil Sir at his office for the evening. I got an opportunity to have an informal interaction
with other associates and various other lawyer as well as non-lawyer friends of my senior. It was
a great experience & I enjoyed a lot.

September 18, 2023 (Day 11)

PLACE: Arbitration Center, Delhi High Court
TASK: To Attend Arbitration Proceedings

I attended arbitration proceeding. In arbitration proceeding the arbitrator listens to both sides,
looks at the evidence we sent in and decides what the outcome should be. In some cases, the
arbitrator may choose to have several meetings with you both. When the arbitrator makes a
decision, this is called an award andit's legally binding. The arbitration proceeding which I was
attended, in that they all were in informal dress and they were trying to settle the dispute. As far
as I remember itwas related to money. They started their meeting from 11’o clock in the
morning. The meeting was organized through google meet. They do arbitration till 2-3 p.m. but
they didn’t come to any conclusion and they decided that they are going to do same discussion
on Sunday . I didn’t

September 21, 2023 (Day 12)

PLACE: Lawyer’s Office
Task: Research Work

Today sir has assign some research work and that work is related to searching acases related to
sec-125(4) crpc . I started my search and I got researched the relevant cases that were

(a)YashikaMehndirattavsAmitMehndiratta 02/05/2013
In this case court held that where the wife herself leave the husband’s companywithout there
being any justifiable grounds, as the wife is expected to live with her husband while entering into
the pious relationship of marriage cannot claimmaintenance.

(b) ShankarraoBaswanappavsTejabai Cr.ref.no-108 of 1964

In this case court said that court will not allow maintenance if If wife voluntarily leaves her
husband and  Refuses to return to her husband without just or sufficient reasons.

(c) Mathew Mariamma alias Thankamma 261 of 1965

In this case court said that the section say that contemplates reconciliation between H-W after an
order of maintenance is passed and provided that if the wife once leave the husband and refuses
to livewith him without sufficient reason, then such order shall be cancelled.

September 22, 2023 (Day 13)

PLACE: Family Court, Tis Hazari Court Complex
Task: To attend Court Proceedings

Today I attended court proceeding and where I visited today that is family courtso many couple
come for divorce some for maintenance . I have heard many case
(1) X vs Y- In this party was living separate from 11 year and they had 1 son also .husband is
mentally ill and his father was given his whole propertyto his another son . so here in this case
wife is came before this court for seeking maintenance.
(2) X vs W- In this case wife and husband is divorced .wife is having extra –martial affair before
4 year of divorce there was no cohabitation between the parties . They mutually divorced .they
had 2 children . father has custody of both of child. Wife came before this court for child
custody. Here court ordered that child will get to meet once in two month and talkto mother once
in a month.
(3) X vs Y- In this case before court parties come for divorce by mutualconsent. Total duration
of marriage is 7 year.
(4) X vs Y- in this wife aged 35 year and husband aged 42 year .both are highly educated . wife
leave husband without giving any sufficient reasonand launched false FIR against husband .
when husband went to wife’s home for taking her back , her family started abusing him and
slapped on his face and beat him without any reason.
(5) X vs Y-In this wife came before court for divorce, her age was 35 and husband age was 55.

September 26, 2023 (Day 14)

PLACE: Saket Court Complex (Mediation Centre)
Task: Attend Mediation Proceedings

There was case named Azra v. Mohammad Ahsan for mediation in the mediation center. I went
to mediation center with our lawyer to know about the process of the mediation. In this case
Appellant and respondent were married but their relationship was not good. Husband always
ignored his wife and abandoned her, so wife filed a petition for maintenance under section 125 of
the code of Criminal Procedure in the court. But Court refers the matter for the mediation. But in
the husband never came for the mediation including that day also. So, our advocate asks the
mediator to refer the case to back to the Court. So, mediator was agreed and he refer back the
case to the court.

LEARNING OUTCOMES: -

 What is mediation? - Mediation is a process wherein the parties meet with a mutually selected
impartial and neutral person who assists them in the negotiation of their differences.
 What is mediation process?: - Most mediations proceed as follows:
Stage 1: Mediator’s opening statement. After the disputants are seated at a table, the mediator
introduces everyone, explains the goals and rules of the mediation, and encourages each side to
work cooperatively toward a settlement.
Stage 2: Disputants’ opening statements. Each party is invited to describe the dispute and its
consequences, financial and otherwise.
Stage 3: Joint discussion.
Stage 4: Private caucuses. The private caucus is a chance for each party to meet privately with
the mediator.
Stage 5: Joint negotiation. After caucuses, the mediator might bring the parties back together to
negotiate directly, but this is unusual.
Stage 6: Closure. If the parties reach an agreement, the mediator will likely put its main
provisions in writing and ask each side to sign the written summary of the agreement.

October 10, 2023 (Day 15)

PLACE: Lawyer’s Office
Task: Preparation of a Case file

Today I got the opportunity to work along with the Office clerk of the firm. He gave insughts
regarding some of the ignored et an important aspect of litigation i.e. the procedural work. I
learnt that
(I) How file is made/important element of file?
ANS. Memo of the parties  Brief synopsis  List of dates  M.O.A Certifide copy 
Annex-1  Application – Demand , relief etc . Vakalatnama

(II) What is case diary number?

ANS. When we file our case file before registrar then we got file /diary no. and if it has
any defect in it so registrar will give 7 daystime to correct that error and submit it within
7 days .when we submit it then we got the case no.
(III) How to read case file?
ANS. First of all read fact and issue then ground and after that relief sought .

October 11, 2023 (Day 16)

PLACE: Lawyer’s Office
Task: Attend the Client Counselling along with my senior
That day I observed Client counselling, My Lawyer listened client patiently. He asked some
questions from the client to get the full facts and to get the clear picture of the client’s case. After
listening the patiently, my lawyer assures the client you no need to worry case is in our favor or
going in our favor. It means he satisfied the client and try to reduce his fear and restless and
tension. It’s the lawyer’s duty to take care of his /her clients.

LEARNING OUTCOMES: -
I learned that for a better lawyer-client relationship, the most essential thing is gaining the trust
of your client and making him/her comfortable to disclose the confidential information. At the
same time, it is necessary to respect the Fiduciary relationship between your client and yourself.

October 13, 2023 (Day 18)

PLACE: Lawyer’s Office
Task: Drafting a petition for restitution of Conjugal rights.

This day, I was given the work of drafting a petition for restitution of conjugal rights. The copy
of petition is annexed herein as Annexure 4. It took me a day to draft an entire petition. I had to
refer to the entire case file, the documents, the notes prepared by my senior during the client
counseling and all the law points involved in the present case. It was an exhausting task. Made
some mistakes, which other senior fellows around me corrected. And yeah, that was a unique
experience.

October 16 &17, 2023 (Day 19 & 20)

PLACE: Lawyer’s Office
Task: Drafting an application for temporary Injunction under order 39 rule 1 & 2

For these 2 days, I carefully drafted an application for temporary injunction under Order 39 rule
1&2, which was to be filed in a matter listed next week. It took quite a long time for me to draft
an application for temporary injunction. The copy of the draft prepared by me is annexed herein
as Annexure 5.
October 18, 2023 (Day 21)
PLACE: Lawyer’s Office
Task: Drafting an evidence by way of affidavit in a civil dispute.

This day, I was given a file pertaining to the matter MukeshMarwahavs Rajiv Bhakri (CS SCJ
no. 1210/17), which was an ongoing matter before the Senior Civil Judge, Patiala House District
Courts.
I was given a task of preparing an evidence by way of affidavit in a civil dispute.This was a very
tedious task. I had to refer to the statements made by the deponent in the suit so as to draft an
affidavit to be submitted as Evidence before the Hon’ble Court. The major task was to make sure
that the evidence by way of affidavit was in perfect consonance with the earlier statements made
by the deponent in this regard.
A copy of the Evidence by way of affidavit is annexed herein as Annexure 6.

October 19 &20 (Day 22 & 23)

PLACE: - LAWYER’S CHAMBER
TASK: - TO DO RESEARCH ON CASES OF CRUELTY AND DOWRY AS CRUELTY

My lawyer had assigned me a work to research on cases of the cruelty and how cruelty happen in
demand of dowry. It took me three days in research. I have to read all the cases of the cruelty and
after reading the cases I have to find important materials for my research so I could add it in my
research, and I can fulfill my Advocate’s faith in me.
Summary of Research: -
Cruelty defined:
DastaneVs. Dastane 1970 Bom. 312: Act or conduct constituting cruelty can be so numerous
and varied that it would be impossible to fit them into any water tight compartment cruelty may
be subtle or brutal. It may be physical or mental. It may be by words, gesture or by mere silence.
Ravi Kumar Vs. Jumli Devi 4 SCC 476: Absence of mutual respect and understanding
constitute cruelty. It can be violent, some attitude or even mere silence.
Russell Vs. Russell HL (1897) AC 395: Conduct of a such a character as to have ceased danger
to life, limb, or health, bodily or mental or as to give rise to a reasonable apprehension of such
danger.
A clause of Matrimonial causes act,1973: A clause defined the cruelty as: The respondent hoe
behaved in such away that the petitioner can not reasonable be expected to live the respondent.
A Jaya Chandra Vs. AneelKaur 2005 SCC 534: The SC observed that the expression ‘cruelty’
has used in relation to human conduct complained of should be grave and weighty for arriving at
a conclusion that petitioner spouse can not be reasonably expected to live with the other spouse.
Kaushalya Devi Vs. Wisakhiram 1961 PUNJ.520, The husband ill treated the wife, beat her,
so much so that she had to go to the police to lodge a report. A.J. rightly said that even injuries
on the person were not very serious as to call for their medical treatment, yet she had been Ill-
treated and beaten up; this must be held to amount to cruelty.
Saptmi vs. Jagdish (1969) 87 CWN 520, It is a case of Physical cruelty. The husband abused
and insulted the wife and ultimately on one day is her father’s house he pushed her against a wall
causing her bruises.
V.Bhagat Vs. S.Bhagat 1994 SC 710, The SC defined mental cruelty as that conduct which
inflicts upon the other party such mental pain and suffering as would make it not possible for that
party to live with the other.
ParimiVs. Parimi 1997 AP 92, continuous ill-treatment, cessation of marital intercourse,
studied neglect and indifference, total lack of affection and regards on the part of a spouse are
also act of cruelty. Demand of dowry:
Sobha Vs. Madhurkar,1988 SC 1291: The demand of dowry from the wife or her parents and
relation amounts to cruelty. Persistent refusal to have marital intercourse:
Jyotish Chandra Vs. Meera 1970 Cal.266: Persistent refusal to have marital intercourse
amounts to cruelty.
ShakuntlaVs. OmPrakash 1981 Del.53: Leila Seth J. observed; A normal and healthy sexual
relationship is one of basis ingredients of a happy and harmonious marriage. Willful denial of
sexual relationship by a spouse. When the other spouse anxious for it, would amount to mental
cruelty, this view was followed up in Anil BharadwajVs. Nirmalesh 1987 Del. 11.
Rita vsBalkrishnaNijhawan 1973 Del. 200: The Delhi HC observed, the law is well settled that
if the either of the parties to a marriage being of healthy physical capacity refuses to have sexual
intercourse the same would amount cruelty.

October 23, 2023 (Day 25)

PLACE: - TIS HAZARI COURT
TASK: - VISIT COURT
 Matter listed in court named State V. Anita & Others (Dinesh Das) In this case Dinesh Das
was present in the court.
Bailable warrant was issued against Anita because she was absent from long time.
 Now the next date of this case is 3rd March 2023.

October 25, 2023 (Day 26)

PLACE: - SAKET DISTRICT COURTS
TASK: - TO VISIT COURT
 On that day matter was listed in court named RampalNarang V. Shree Electricals.
 In this case it was held that the complainant has not paid fine of Rs. 20,000 and not coming
from 17 dates.
 Court considered that he was not interested in the case.
 So, the case was dismissed by Metropolitan Magistrate Mr. MayankGoel

October 26, 2023 (Day 27)

PLACE: PATIALA HOUSE COURTS
TASK: TO VISIT COURT
 Matter listed in court State V. Vijay Kumar Yadav& Others.
 In this case today framing of charges was done.
 Now the next hearing of this case is on 14th Feb 2023.

October 27, 2023 (Day 28)

PLACE: LAWYER’S CHAMBER
 No listed matter in the court.
 I was assigned to read the Case file NarendarKaur V. State &Anr. , Which was related to Sec
7,8,9 of Guardian & Wards Act.

November 2nd &3rd (Day 29 & 30)

PLACE: LAWYER’S CHAMBER
TASK: Research Work on Custody in Criminal Law
The word 'custody' means apprehending someone for protective care. When following to the
receipt of an information/complaint/report by police about a crime, an officer of police arrests
the suspect involved in the crime reported, to prevent him from committing the offensive acts
further, such officer brings that suspect to police station, it's called Police Custody. It is the
custody of a suspect with the police in a jail at the police station, to detain the suspect. During
this detention, the police officer in charge of the case, may interrogate the suspect and this
detention is not supposed to be longer than 24 hours. The officer in charge of the case is required
to produce the suspect before the appropriate judge within 24 hours, these 24 hours exclude the
time of necessaryjourney from the police station to the court.
Judicial Custody means an accused is in the custody of the concerned Magistrate. In former, the
accused is lodged in police station lockup while in latter, it is the jail. When Police takes a person
into custody, the Cr.P.C kicks-in and they had produced him/her before a Magistrate within 24
hours of the arrest.
Difference between Judicial Custody and Remand
 Police Custody means that police have the physical custody of the accused while Judicial
Custody means an accused is in the custody of the concerned Magistrate.
 In former, the accused is lodged in police station lockup while in latter, it is the jail, after
Judicial Custody a person may be held in the custody of the police or in judicial custody
The first thing that happens to a suspect on arrest is that he is taken into police custody,
following which he is taken before a magistrate, and he may either be remanded to judicial
custody or be sent back into police custody.
 When a person accused of a cognizable offence is arrested and detained by the police and
produced within 24 hours (excluding travelling time from the place of arrest) or he himself
surrenders before the nearest Magistrate. Then the Magistrate can either release him on bail or he
can either send him to judicial custody or to police custody. If the accused is juvenile, his age is
16 to be ascertained and if he finds that he is juvenile, then he be directed to be produced before
Juvenile Justice Board.
 A suspect under Police Custody or Judicial Custody is assumed to be a suspect. A suspect
becomes a criminal only after the court finds him/her guilty and convicts him/her for the crime
reported of.
 These types of custodies are preventive measures. A police officer in charge of a suspect may
treat the suspect arbitrarily. In case of arrests by police and pending the investigation, the lawyer
of a suspect generally prays for Bail or Judicial Custody. In Judicial Custody, suspect becomes
responsibility of Court.

CONCLUSION

To conclude the report, I would say that this internship experience was a great teacher for me and
also was an amazing learning experience. It opened up the curtain between academic knowledge
and its application in real life.

I felt privileged to be a part of the legal fraternity. I not only got to learn the quirks of the legal
profession as a lawyer but I also got to know the importance of having a wide social base and the
importance of networking.One thing that will always stay with me is to be a successful and a
passionate litigator, one needs to love the heavy case files and the voluminous books and love to
be surrounded by them and feel awed by them.

All in all, the internship experience was fascinating as well as satisfying. It was an enriching
period which certainly made me think in a different way about various problems one sees in
hislife. I am eagerly waiting to be able to do another internship soon.

ANNEXURE 1
SEVEN HILLS ESTATES LTD. & ANR. V. SEVEN HILLS FLAT OWNERS’
ASSOCIATION (UPDATED FACTSHEET)
Date Particulars Docs Remarks
2008 Appellants launched the Project & proposed to Indenture
construct 667 numbers of Studio Apartments Agreements Flat
out of which 580 numbers of investors/buyers buyers wise
came forward to invest in these Studio
Apartments & accordingly they entered into
various Indenture Agreements with the
Appellant.
2009-2016 After making payments by 512 numbers of List of List of registered
investors/buyers against their respective Registered Sale sale deeds shows
apartments Appellant accordingly executed Deeds 512 nos. of buyers
registered Sale Deeds & gave possession to given possession &
them during the period from 2009 to 2016 Possession sale deeds executed
alongwith keys of their respective apartments Letters;
in terms of the contract agreed between the No Claim
parties. certificates; &
Letter w.r.t.
Collection of
Keys
19.07.2011 Permission to start the construction of project Sanction/Permiss Permission was
Commercial-cum-Holiday Home was granted ion dated granted to
to Seven Hills Estates Ltd. by PuriKonark 19.07.2011 construct G+2 &
Development Authority. S+3 upper floors
Commercial cum
Holiday Home.
2011-2012 As most of the investors/buyers after purchase Master Actual Master Actual
of their apartments were not able to generate Rental Details Rental Details
money by leasing out the apartments on rent, shows total 338
339 numbers of investors/buyers decided not to numbers of
rent the apartments independently & contacted investors/buyers
the Company for taking their property on received
 commercial lease on monthly rental basis & Rs.7,21,81,133/-
accordingly a commercial understanding as Rents.
arrived between the investors/buyers & the
Company. The Company for the benefits of Lease Agreements
these investors entered into various short &
long term Lease Agreements from years to
years basis with them on monthly rental basis
& took their studio apartments on rent for
running a Holiday Homes.
2011-2012 In the light of aforementioned commercial Details of
understanding & the business plan the Investment
Company made various investments on its own
to run Commercial-cum-Holiday Home as well
as Restaurant etc. in the project & invested
huge amounts.
Over a period of time the Company diligently Master Actual
paid the monthly rentals to the tune of Rs. Rental Details
Rs.7,21,81,133/- to the investors/buyers
without any default as per terms of the lease
agreements which are commercial in nature
falling under the purview of Indian Contract
Act, 1872 til 2014.
07.10.2016 Unfortunately certain investors/ flat owners FIR
have lodged a FIR against the Appellant with
Economic Offence Wing on 07.10.2016 &
procured the arrest of Appellant No.2.
09.05.2018 Appellant No.2 remained in custody for more Orissa High
than 20 months due to above false & motivated Court
FIR & finally got released on bail on
09.05.2018 BLAPL No.793
of 2017
2017 33 Complainants individually filed Consumer Consumer
complaint against the Appellant seeking Complaints-State
possession, registration of Sale Deeds, monthly Commission,
rentals as per Lease Agreements & Odisha
Compensation.
2018 RWA filed false complaint against Appellants RERA
before Odisha RERA seeking completion of Complaint
construction of entire flats as per respective
indenture agreements.
June, 2018 Appellants filed Preliminary Reply stating that Preliminary
construction of the project started in 2007-08 Reply to
which comprised of 667 Flats, out of which Complaint
512 Flats have been handed over to different No.3/2018
individuals. Further, 100 Flats were taken up &
is on verge of completion out of which 68 flats
are complete in terms of High Court directions.
2019 Cyclone Fani badly hits entire city causing
severe damages to the Appellants commercial
project including restaurants etc. which
resulted into huge financial & economic losses
to the Appellants and the Appellants on its own
bore the entire expenses to make it
commercially viable.
2019 Cyclone also caused some damages to Studio No Claim 512 nos. of flat
Apartments of some Investors/Buyers who Certificate owners had already
have purchased the same from Appellants taken possession &
during the period 2008 to 2015. Thereafter, Possession Letter registered sale
certain unscrupulous persons including the deeds were
Respondents started illegally demanding repair Sale Deeds executed between
& renovation of their own apartments including 2009-2016.
free furnitures, fittings & fixtures despite the List of
 fact that they themselves are the owners of Registered Sale
their respective apartments & the Appellants Deeds
have no legal & contractual obligations to
make them good. Appellants rightly denied to
do the same on the ground of No Liability
Clause after taking of the possession of the
apartments & further losses caused to these
investors were due to an Act of God beyond the
control of the Appellants.
25.05.2019 Respondent by suppressing aforesaid material Odisha RERA Material Facts of
facts managed to obtain an order in their favour Order Dated taking possession
by playing fraud upon Odisha RERA in utter 25.05.2019 in & registration of
violation of Doctrine of Clean Hand &Equity Complaint sale deeds were not
which states that one who comes to court No.3/2018 disclosed.
must come with clean hands. Resultantly,
Odisha RERA passed order directing Appellant
to register its project with RERA; complete
construction of project within 3 months from
receipt of order; obtain Occupancy Certificate
on completion of project; execute sale deeds in
favour of allottees in whose favour registered
sale deeds have not yet been executed.
08.01.2020 State Consumer Commission passed order to State 14 numbers of
complete construction of project & to handover Commission Complainants
the possession of flats & further directed to Order dt. before State
obtain O.C on completion of the project & to 08.01.2020 Commission are
execute Sale Deeds within 3 months. also part of case
before RERA &
REAT.
2020 Seven Hills Estates Ltd. filed appeal before Appeal This Appeal is
OREAT against ORERA Order dt. 25.05.2019. No.17(T)/2020 dismissed in
 default. Our I.A
No.332/2021 is
pending for its
Restoration.
08.11.2021 During pendency of aforesaid appeal, Odisha ORERA Section 3 deals
RERA passed order in Execution Case Execution Order with Registration
No.56/2019 filed by Respondent for execution dt. 08.11.2021 of Real Estate
of Order dt.25.05.2019. Vide Order Project with
dt.08.11.2021 Odisha RERA initiated Suo RERA.
Moto case against Appellant for violation of
Section 3; debarred Appellant from accessing For non-
its website in relation to project ‘Seven Hills registration of
Sands’; freezed account of Appellant in respect project, RERA can
of the project to facilitate the carrying of impose penalty u/s-
remaining development works by competent 59 of RE(R&D)
authority nominated by state government. Act, 2016
2021 Respondent again to harass & coerce the Adjudicating
Appellant filed another Complaint for Officer
Compensation of Rs.110,14,84,816/- before Complaint
Adjudicating Officer, ORERA. No.20/2021
06.01.2022 Appellant filed appeal before OREAT against Appeal Present Appeal-
Order dt.08.11.2021 passed by ORERA in No.02/2022 Subject in issue
Execution Case No.56/2019. before REAT.
21.09.2022 Appellant entered into a Settlement Agreement Final Terms & 47 nos. of buyers
with Association to refund the amount of 216 Conditions of refunded. 18 DDs
members with 10% interest from date of last Settlement prepared but no
payment till 31.08.2022. one is collecting.
19.01.2023 Adjudicating Officer without waiting for final Adjudicating
order in Appeal No.02.2022 & despite knowing Officer Order
that parties entered into a Settlement dt.19.01.2023
Agreement dt.21.09.2022 before the Appellate passed in
 Tribunal passed Order of compensation of Adjudicating
Rs.7,50,00,000/- against Appellant. Officer
Complaint
No.20/2021
17.03.2023 Appellant filed appeal before OREAT against Appeal Appeal No.47/2023
Adjudicating Officer Order dt.19.01.2023 No.47/2023 is pending before
passed in Adjudicating Officer Complaint REAT.
No.20/2021 awarding compensation to
Association.
26.04.2023 REAT dismissed Application seeking REAT Order Dismissed
exemption from depositing Statutory Deposit 26.04.2023
for admission of Appeal No.47 of 2023.
May, 2023 Writ filed before Orissa High Court seeking High Court Dismissed
exemption from depositing statutory deposit in Order
Appeal No.47/2023 dismissed.
May, 2023 We have filed Application seeking grant of I.A No.121/2023 Pending
time to Refund the Amount to Members of in Appeal
Respondent Association. No.2/2023
2021 We have filed this Application in 2021 for I.A No.332/2021 Pending
Restoration of Appeal No.17T/2020. This in Appeal
Application is still pending. No.17T/2020

ANNEXURE 2

In the matter of

MADHU TITHRE……………………………………………………………….. APPELLANT

VERSUS
MADAN......................................... ..................................................................... RESPONDENT

EX – PARTY EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF PW 1 / MS.

MADHU TITHRE VERSUS MADAN

1. That the deponent is the petitioner in the above case and is well conversant with the facts of
the case and hence, competent to swear this affidavit.

2. That the deponent stated that she is residing at D-102-103, MadiPurColony ,MadiPur Slum
Quarter, West Delhi, Delhi-110063.

3. That the deponent stated that marriage of the deponent and respondent was solemnized on
21.07.2018 according to Hindu Rites and Customs and ceremonies at Agra, Uttar Pradesh. It is
pertaining to mention here. that the said marriage of the deponent is second marriage.

4. That the deponent stated that after the said marriage, the deponent started residing with the
respondent at matrimonial House No. D-44, MadiPur Colony, MadiPur Slum Quarter.West
Delhi, Delhi-110063.

5. That the deponent stated that the marriage was duly consummated. however, no issue was
born out of their wed - lock of parties to the petition. It is pertaining to mention here that the
deponent has two children from her first marriage.

6. That the deponent stated that before solemnized of said marriage the respondent was promise
that the respondent will love and caress to the deponent's children like his own children but just
after few days of the marriage, the behavior and attitude of the respondent came into real color
and on several occasions the behavior of the respondent does not good towards the deponent and
her children.

7. That the deponent stated that after a few days of the marriage the respondent started coming
home drunk and used to give merciless beating to the deponent and her children also and used to
un parliamentary language without any cause.

8. That the deponent stated that due to above said behavior of the respondent the deponent many
times had stay her sister's house but the respondent used to come there and abused and beat up
the deponent and on 05.07.2020 , when the deponent went to her sister's home, the respondent
come to there and abused the deponent and cut his wrist , because of which the deponent was
very scared and lodge complaint to S.H.O , P.S : Punjabi Bagh on 05.07.2019 , thereafter , the
deponent had to decide to live separately along with her children in a rented accommodation ,
but even the respondent comes there and used to give merciless beating to the deponent and her
children also or used to un parliamentary language without any cause and the respondent keep
threatening to kill the deponent and her children and threatening that put acid on her face , in this
regard the deponent lodge the complaint to NCS.IC. P.3: PujiBagh on 30.06.2020 .

9. That the deponent stated that the deponent merely spent six months with the respondent and
during living with the respondent , but the respondent did not treat the deponent as legally
wedded wife and never cared her and her children also and even the deponent did not bear any
happy moment with the respondent , but it was the deponent who tolerated all the acts and
cruelties of the respondent and tried her level best to save the matrimonial home .

10. That the deponent stated that the Respondent was not only careless in discharging his
obligations towardsthe deponent and her children. The deponent requested the Respondent many
times to change her attitude and to execute his daily pursuits of his own, but the Respondent did
not change his attitude, which also caused immense mental pain and agony not only to the
deponent but her children and family members also.

11. That the deponent stated that the deponent had given utmost respect, love and affection to the
Respondent, but the good behavior and the attitude of deponent did not help, and the Respondent
continued to harass and humiliate the deponent, which also caused great mental and physical
shock and agony to the deponent.

12. That the deponent stated that the Respondent who is very quarrelsome man and habitual of
daily drinker and always picks fights on pity matters and keep harassing (mentally and
physically) the deponent with ulterior motives.

13. That the deponent relies on the following documents: (i) Copy of Aadhar Card of the
deponent is EX - PW1 / 1, OREDMI NOTE 9 MISS (ii) Marriage photograph is EX - PW1 / 2,
(iii) Copy of complaint to SHO Punjabi Bagh dated 05/07/2019 is EX PW1 / 3, (iv) Copy of
complaint to SHO Punjabi Bagh dated 30/06/2020 is EX PW1 / 4,
14. That the deponent stated that her petition is based on true and correct facts and the deponent
is entitled for the relief as claimed in the present petition.

DEPONENT

(Madhu)

Verification:

Verified at Delhi on the day 2022 that the content of the affidavit are true to my knowledge and
nothing material has been concealed there form.

DEPONENT

(Madhu)

Annexure 3

Contract Act 1872

73.Compensation for loss or damage caused by breach of contract.—When a contract has

been broken, the party who suffers by such breach is entitled to receive, from the party who has
broken the contract, compensation for any loss or damage caused to him thereby, which naturally
arose in the usual course of things from such breach, or which the parties knew, when they made
the contract, to be likely to result from the breach of it. Such compensation is not to be given for
any remote and indirect loss or damage sustained by reason of the breach.

Compensation for failure to discharge obligation resembling those created by contract.—

When an obligation resembling those created by contract has been incurred and has not been
discharged, any person injured by the failure to discharge it is entitled to receive the same
compensation from the party in default, as if such person had contracted to discharge it and had
broken his contract. Explanation.—In estimating the loss or damage arising from a breach of
contract, the means which existed of remedying the inconvenience caused by the non-
performance of the contract must be taken into account.

74. Compensation for breach of contract where penalty stipulated for.—When a contract has
been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or
if the contract contains any other stipulation by way of penalty, the party complaining of the
breach is entitled, whether or not actual damage or loss is proved to have been caused thereby, to
receive from the party who has broken the contract reasonable compensation not exceeding the
amount so named or, as the case may be, the penalty stipulated for.

Explanation.—A stipulation for increased interest from the date of default may be a stipulation
by way of penalty.

Exception.—When any person enters into any bail-bond, recognizance or other instrument of the
same nature, or, under the provisions of any law, or under the orders of the [Central
Government] or of any [State Government], gives any bond for the performance of any public
duty or act in which the public are interested, he shall be liable, upon breach of the condition of
any such instrument, to pay the whole sum mentioned therein.

Explanation.—A person who enters into a contract with Government does not necessarily
thereby undertake any public duty, or promise to do an act in which the public are interested.

Section 193 - 193.Agent’s responsibility for sub-agent appointed without authority.—

Where an agent, without having authority to do so, has appointed a person to act as a sub-agent,
the agent stands towards such person in the relation of a principal to an agent, and is responsible
for his acts both to the principal and to third persons; the principal is not represented by or
responsible for the acts of the person so employed, nor is that person responsible to the principal.
—Where an agent, without having authority to do so, has appointed a person to act as a sub-
agent, the agent stands towards such person in the relation of a principal to an agent, and is
responsible for his acts both to the principal and to third persons; the principal is not represented
by or responsible for the acts of the person so employed, nor is that person responsible to the
principal."

Arbitration and conciliation act 1996

11. Appointment of arbitrators.—

(1) A person of any nationality may be an arbitrator, unless otherwise agreed by the parties.

(2) Subject to sub-section (6), the parties are free to agree on a procedure for appointing the
arbitrator or arbitrators.

(3) Failing any agreement referred to in sub-section (2), in an arbitration with three arbitrators,
each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third
arbitrator who shall act as the presiding arbitrator.

(4) If the appointment procedure in sub-section (3) applies and—

(a) a party fails to appoint an arbitrator within thirty days from the receipt of a request to do
so from the other party; or

(b) the two appointed arbitrators fail to agree on the third arbitrator within thirty days from
the date of their appointment, the appointment shall be made, upon request of a
party, by the Supreme Court or, as the case may be, the High Court or any person or
institution designated by such Court];

(5) Failing any agreement referred to in sub-section (2), in an arbitration with a sole arbitrator, if
the parties fail to agree on the arbitrator within thirty days from receipt of a request by one party
from the other party to so agree the appointment shall be made, upon request of a party, by the
Supreme Court or, as the case may be, the High Court or any person or institution designated by
such Court.
(6) Where, under an appointment procedure agreed upon by the parties,—

(a) a party fails to act as required under that procedure; or

(b) the parties, or the two appointed arbitrators, fail to reach an agreement expected
of them under that procedure; or

(c) a person, including an institution, fails to perform any function entrusted to him
or it under that procedure, a party may request the Supreme Court or, as the case
may be, the High Court or any person or institution designated by such Court]to
take the necessary measure, unless the agreement on the appointment procedure
provides other means for securing the appointment.

(6A) The Supreme Court or, as the case may be, the High Court, while considering any
application under sub-section (4) or sub-section (5) or sub-section (6), shall, notwithstanding any
judgment, decree or order of any Court, confine to the examination of the existence of an
arbitration agreement.

(6B) The designation of any person or institution by the Supreme Court or, as the case may be,
the High Court, for the purposes of this section shall not be regarded as a delegation of judicial
power by the Supreme Court or the High Court.

(7) A decision on a matter entrusted by sub-section (4) or sub-section (5) or sub-section (6) to the
Supreme Court or, as the case may be, the High Court or the person or institution designated by
such Court is final and no appeal including Letters Patent Appeal shall lie against such decision].

(8) The Supreme Court or, as the case may be, the High Court or the person or institution
designated by such Court, before appointing an arbitrator, shall seek a disclosure in writing from
the prospective arbitrator in terms of sub-section (1) of section 12, and have due regard to—

(a) any qualifications required for the arbitrator by the agreement of the parties; and

(b) the contents of the disclosure and other considerations as are likely to secure the
appointment of an independent and impartial arbitrator.]
(9) In the case of appointment of sole or third arbitrator in an international commercial
arbitration, the Supreme Court or the person or institution designated by that Court] may appoint
an arbitrator of a nationality other than the nationalities of the parties where the parties belong to
different nationalities.

(10)The Supreme Court or, as the case may be, the High Court, may make such scheme as the
said Court may deem appropriate for dealing with matters entrusted by sub-section (4) or sub-
section (5) or sub-section (6), to it.

(11) Where more than one request has been made under sub-section (4) or sub-section (5) or
subsection (6) to the Chief Justices of different High Courts or their designates, different High
Courts or their designates, the High Court or its designate to whom the request has been first
made under the relevant sub-section shall alone be competent to decide on the request.

(12) (a) Where the matters referred to in sub-sections (4), (5), (6), (7), (8) and sub-section (10)
arise in an international commercial arbitration, the reference to the “Supreme Court or, as the
case may be, the High Court” in those sub-sections shall be construed as a reference to the
“Supreme Court”; and

(b) Where the matters referred to in sub-sections (4), (5), (6), (7), (8) and sub-section (10) arise
in any other arbitration, the reference to “the Supreme Court or, as the case may be, the High
Court” in those sub-sections shall be construed as a reference to the “High Court” within whose
local limits the principal Civil Court referred to in clause (e) of sub-section (1) of section 2 is
situate, and where the High Court itself is the Court referred to in that clause, to that High Court.

(13) An application made under this section for appointment of an arbitrator or arbitrators shall
be disposed of by the Supreme Court or the High Court or the person or institution designated by
such Court, as the case maybe, as expeditiously as possible and an endeavour shall be made to
dispose of the matter within a period of sixty days from the date of service of notice on the
opposite party.
(14) For the purpose of determination of the fees of the arbitral tribunal and the manner of its
payment to the arbitral tribunal, the High Court may frame such rules as may be necessary, after
taking into consideration the rates specified in the Fourth Schedule.

Explanation.—For the removal of doubts, it is hereby clarified that this sub-section shall not
apply to international commercial arbitration and in arbitrations (other than international
commercial arbitration) in case where parties have agreed for determination of fees as per the
rules of an arbitral institution.

23. Statements of claim and defence.—

(1) Within the period of time agreed upon by the parties or determined by the arbitral tribunal,
the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy
sought, and the respondent shall state his defence in respect of these particulars, unless the
parties have otherwise agreed as to the required elements of those statements.

(2) The parties may submit with their statements all documents they consider to be relevant or
may add a reference to the documents or other evidence they will submit.

(2A) The respondent, in support of his case, may also submit a counterclaim or plead a set-off,
which shall be adjudicated upon by the arbitral tribunal, if such counterclaim or set-off falls
within the scope of the arbitration agreement.

(3) Unless otherwise agreed by the parties, either party may amend or supplement his claim or
defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it
inappropriate to allow the amendment or supplement having regard to the delay in making it.

(4) The statement of claim and defence under this section shall be completed within a period of
six months from the date the arbitrator or all the arbitrators, as the case may be, received notice,
in writing of their appointment.
Name of the case Relevant DETAILS
paragraph
NUMBER
Dwaraka Das vs State 8,9 This Court in A.T. Brij Pal Singh and Ors. v. State or
Of Madhya Pradesh Gujarat, [1984] 4 SCC 59) while interpreting the
And Anr on 10 provisions of Section 73 of the Contract Act, has held that
February, 1999 damages can be claimed by a contractor where the
government is proved to have committed breach by
Bench: V.N. Khare,
improperly rescinding the contract and for estimating the
R.P. Sethi
amount of damages court should make a broad evaluation
CASE NO.:
instead of going into minute details. It was specifically
Appeal (civil) 1209
held that where in the works con-tract, the party entrusting
of 1992
the work committed breach of contract, the contractor is
entitled to claim the damages for loss of profit which he
expected to earn by undertaking the works contract. Claim
of expected profits is legally admissible on proof of the
breach of contract by the erring party. It was observed :

"What would be the measure of profit would depend

upon facts and circumstances of each case. But that
there shall be a reasonable expectation of profit is
implicit in a works contract and its loss has to be
compensated by way of damages if the other party to
the contract is guilty of breach of contract cannot be
gainsaid.

It follows there- fore as and when the breach of contract is

held to have been proved being contrary to law and terms
of the agreement, the erring party is legally bound to
 compensate the other party to the agreement.

Smt. PaniBai And 6,7,8,9,12,13 In ManchubhaiNavalchand v. John H. Tod (1896) ILR 20

Ors. vs Smt. Sire Bom 633 a similar question arose before their Lordships of
Kanwar And Ors. on the Bombay High Court, where the principal had placed a
12 December, 1980 specified limit in respect of the price of a parcel of pearls
(rajasthan HC) sent for sale to London, but the same was sold by the
London firm at much lesser price. The limit which was
placed by the principal on the parcel of pearls was £ 550/-,
while the same was sold by the agents, the London firm,
for £ 270. It was held by the Bombay High Court in the
aforesaid case that the measure of damages in a case
where an agent had, in breach of his duty, sold the
goods of his principal below the limit placed upon them
by the principal, is the loss which the principal had
sustained and if he had sustained no loss then the
principal could ask only for nominal damages.

In Chelapathi v. Surayya, (1902) 12 Mad LJR 375 it was

held that the sale made by an agent in contravention of the
principal's direction is wrongful and the principal will be
entitled to recover substantial damages if he succeeds in
proving such damages and the measure of damages would
be the amount as would place the principal in the position
in which he would have been if the agent had not
wrongully sold the goods. Sir Charles Arnold White,
delivering the judgment of the Madras High Court in the
aforesaid case, observed that the measure of damages in
such a case would be the difference between the price
the goods fetched at the sale made by the agent and that
which the goods would have fetched at the time when
the principal might reasonably would have been willing
to sell the same.

In Bowstead on Agency it has been observed that the

measure of damages in an action by a principal against
his agent for negligence or breach of duty by the agent
in the course of an agency is the loss actually sustained
by the principal.

In GambhirmullMahabirprasad v. Indian Bank Ltd.,

AIR 1963 Cal 163 Mitra J., held that the minimum
amount which the principal is entitled to recover from
the agent in such cases is the amount of loss sustained
by the principal.

11. In A.V. Joseph v. R. ShewBux AIR 1918 PC 149 it

was held that where in a suit for damages the Court
found in favour of the plaintiff that there was a breach
then simply because the plaintiff has not given
sufficient evidence to show certain details of damages, it
would not be proper to grant him merely nominal
damages. Their Lordships of the Privy Council held
that although there was an element of uncertainty in
such cases, yet it would be desirable to award
reasonable damages.

13. The fact that damages are difficult to estimate or

could not be assessed with certainty or precision cannot
relieve the wrong doer of the necessity of paying the
damages for the breach of his duty to abide the
 instructions of the principal and the lack of evidence in
such matters would not be sufficient ground for
awarding only nominal damages. Where it is
established that damages have been incurred for which
one party should be held liable, the other party should
be accorded the benefit of every reasonable
presumption for the loss suffered. Thus, when faced
with such a situation that a precise quantum of
damages could not be calculated because of
insufficiency of material placed on the record, the
Court may form its own conclusions on matters in
respect of which there is no evidence, on a reasonable
basis and the defendants must be paid reasonable
compensation for the loss suffered by them. The Court,
in such a situation, should try to place the principal in
such a position in which he would have been placed if
the agent would not have committed breach of the
instructions of his principal.
N.Purkayastha vs. 41
Union Of India
(gauwhati high court)

MaulaBux v. Union of 4 "Section 74 of the Indian Contract Act deals with the
India, (1969) 2 SCC measure of damages in two classes of cases (i) where the
554 contract names a sum to be paid in case of breach, and

(ii) where the contract contains any other stipulation by

 way of penalty. The measure of damages in the case of
breach of 'a stipulation by Way of penalty is by s.
74 reasonable compensation not exceeding the penalty
stipulated for."

The Court also observed:

"It was urged that the section deals in terms with the right
to receive from the party who has broken the contract
reasonable compensation and not the right to forfeit what
has already been received by the party aggrieved.

In all cases,.there fore, where there is a stipulation in the

nature of penalty for forfeiture of an amount deposited
pursuant to the terms of contract which expressly provides
for forfeiture, the court has jurisdiction to award such sum
only as it considers reasonable but not exceeding the
amount specified in the contract as liable to. forfeiture.",
and that, "There is no. ground for holding that the
expression "contract contains any other stipulation by way
of penalty" is limited to cases of stipulation in the nature of
an agreement to. pay money or deliver property on breach
and does not comprehend covenants under which amounts
paid or property delivered under the contract, which by the
terms of the contract expressly or by clear implication are
liable to be forfeited."

Annexure 4
PETITION FOR RESTITUTION OF CONJUGAL RIGHTS

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, DWARKA COURT, DELHI

HMA PETITION NO. OF 2022

IN THE MATTER OF :

X ……………… s/o

R/o............................................................................................................................ PETITIONER

VERSUS Y ………………

w/o

R/o........................................................................................................................... RESPONDENT

PETITION FOR RESTITUTION OF CONJUGAL RIGHTS UNDER SECTION 9 OF

THE HINDU MARRIAGE ACT, 1955

Most Respectfully Showeth:

1. That a marriage was solemnized between the parties according to Hindu ritesand ceremonies
on 23th April at Karol bagh. The said marriage is registered with the Registrar of marriage. A
certified copy of the relevant extract from theHindu Marriage Register ANNX1 isfiled herewith.
An affidavit, duly attested declaring and affirming these facts is also attached.

2. That the status and place of residence of the parties to the marriage before themarriage and at
the time of filing the petition are as follows:

Man Woman
Age Status Residence Age Status Residence
(i) Before 38 Hindu Delhi 35 Hindu Delhi
Marriage
(ii) After 39 Hindu Delhi 36 Hindu Delhi
Marriage
3. They had no children out of this marriage.

4. That the respondent has, without reasonable excuse, withdrawn from the society of the
petitioner with effect from July after 6 months of marriage-:

a) respondent and petitioner lives in a rented house and all her in-laws lives in a another home.
Respondent kept her in that place and there is no facilites in that house.

b) Respondent spent most of his time in his parents home.

c) Respondent don’t provide her money for clothes and food etc.

d) Respondent ignore her , don’t show love and affection toward her.Hegoesfor office early in
the morning and comes very late.

e) now he evicted rented house and started living with his parent and said to thepetitioner to go
back to her house.

In short he is not fulfilling his martial obligation.

5. That the petition is not presented in collusion with the respondent.

6. That there has not been any unnecessary or improper delay in filing the petition.

7. That there is no other legal ground why relief should not be granted.

8. That there have not been any previous proceedings with regard to themarriage by or on behalf
of any party .

9. That the marriage was solemnized at karolbagh. The parties last residedtogether at old
Rajinder Nagar .The parties are now residing at Dwarka.

10. That this Hon’ble Court has jurisdiction to try and entertain this petition.

PRAYER:

In view of the above facts and circumstances, it is, therefore, most respectfullyand humbly
prayed that this Hon’ble Court may be pleased to grant a decree ofrestitution of conjugal rights
under Section 9 of the Hindu Marriage Act in favour of the petitioner. Any other
relief/order/Direction this Hon’ble Court may deem fit in the interest of justice and equity.

PETITIONER

Through

Place: Delhi

Date: 6 th September 2022

ADVOCATE

VERIFICATION:

The above named petitioner states on solemn affirmation that paras 1 to of the10 petition are true
to the petitioner’s knowledge and paras 1 to 10 are true to the petitioner’s information received
and believed to be true by him/her.

Verified at Delhi Dated: 6 th September 2022

PETITIONER

Annexure 5

IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT CENTRAL), TIS HAZARI

COURT, DELHI

SUIT NO.29578 OF 2022

IN THE MATTER OF:

Sh. Om Veer Singh,

S/o Ram Singh

R/o 362 Uttam Nagar, New Delhi PLAINTIFF/APPLICANT

VERSUS

Dr. U. Basu,

S/o Raja Basu

R/o 64 JhiDrlmil, Delhi

Tapan Kumar,

S/o Ramesh Kumar

R/o Sh369Shalimar Bagh, Delhi DEFENDANTS/RESPONDENTS

APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX, RULE 1

& 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff has filed a suit for permanent injunction which is pending for disposal before
this Hon’ble Court.

2. That the contents of the accompanying suit for permanent injunction may kindly be read as a
part and parcel of this application which are not repeated here for the sake brevity.

3. That the plaintiff/applicant has got a prima-facie case in his favour and there is likelihood of
success in the present case.

4. That in case the defendants are not restrained by means of ad-interim injunction for
dispossessing the plaintiff from the above said Uttam Nagar, New Delhi and from interfering in
physical peaceful possession of the above said premises, the plaintiff shall suffer irreparable loss
and injury and the suit shall become anfractuous and would lead to multiplicity of the cases.

5. That the balance of convenience lies in favour of the plaintiff and against the defendants.

PRAYER:

It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to:

a) Pass ex-parte ad interim injunction restraining the defendants, their associates, servants,
agents, and their representatives from interfering into the peaceful physical possession of the
plaintiff in the above said premises and from dispossessing the applicant/plaintiff from the same.

b) Pass such other and further order(s) as may be deemed fit and proper on the facts and in the
circumstances of this case.

Plaintiff /Applicant

PLACE:

DATE:

THROUGH

ADVOCATE

Annexure 6

IN THE COURT OF MS. AMARDEEP KAUR

SCJ, PATIALA HOUSE COURTS, NEW DELHI
CS SCJ NO. 1210/17

IN THE MATTER OF:-

MR. MUKESH MARWAHA AND ANR …PLAINTIFFS

VERSUS

MRS.BAKHRI & ORS …DEFFENDANT

EVIDENCE BY WAY OF AFFIDAVIT OF PW-1

I, MukeshMarwaha S/o Late Mr. ManmohanLalMarwaha, R/o 14/32 East Punjabi Bagh, New
Delhi, aged _____about years, do hereby solemnly affirm & declare as under:-

1. I state that I am personally aware of the facts and circumstances of the present case and
therefore competent to depose in the present matter.

2. I, state that me and my brother are the absolute owner of the property bearing No. WZ-
256 (old no 255A), built on land measuring 220 sq. yds. consisting of three storey
building (hereinafter referred to as ‘property’), out of Khasra no. 618/173/1, situated in
the area of the village Nangal Raya, Delhi State, colony known as Nangal Raya, New
Delhi – 110046.

3. I state that I am representing plaintiff No. 2, who is my brother and co-owner of the
property. I state that Plaintiff No.2 has authorized me to file and contest the present suit
on his behalf and to do all the things necessary and contest in the present before this
Hon’ble court. The plaintiff no.2 was in his sound state of mind and out of his free will
and consent and without any kind of threat, force and coercion from any corner has
executed the GPA dated 09.01.2014 in favour of me. The General power attorney dated
09.01.2014 is hereby exhibited as Ex. PW-1/1

4. I state that Sh. Ganga Bishan purchased the property from Smt. KishanKaur W/o Sh.
Purushottam Das, Sh. Bhisham Chand Goswami S/o late Sh. PurushottamDass and Smt.
Shakuntala Sharma W/o Sh. Sheel Kumar Sharma vide General Power Attorney dated
10.12.1981 then sold it to my father Late Sh. ManmohanLalMarwaha vide General
 Power Attorney dated 30.07.1982. General Power Attorney dated 10.12.1981 is exhibited
as Ex. PW-1/2 and General Power Attorney dated 30.07.1982 is exhibited as Ex PW-1/3.

5. I state that my father Late Sh. Late Sh. ManmohanLalMarwaha who was unfortunately
expired in the year 2017, had given the property bearing no. WZ 256 (old no. WZ 255 A)
Ground Floor, (Left Portion) Nangal Raya, New Delhi-46 measuring about 900 Sq. feet
(hereinafter referred to as ‘suit premises’) on rent to one Mr. Ashok Bakhri, in the year
1983-84 for commercial purposes. The suit premises was given for a rent of Rs. 5000/-
per month. The rent receipts, signed by Mr. Ashok Bakhri are exhibited as Ex. PW-1/4
(Colly) andcheque dated 21.08.1996 signed by Mr. Ashok Bakhri as owner of A.A.
Traders, drawn on UCO Bank in favour of ManmohanLal& Sons (H.U.F.), in respect of
suit premises which all prove the factum and the amount of rent paid by Mr. Ashok
Bakhri is exhibited as Ex. PW-1/5.

6. I state that my father executed a General Power Attorney dated 16.04.1992 in favour of
my brother, namely Ravi Marwaha and myself in respect of the property. I further state
that thereafter, my brother and I became absolute owners of the property vide sale deed
dated 09.01.2014. General Power Attorney dated 16.04.1992 is exhibited as Ex PW-1/6
and Sale deed dated 09.01.2014 is exhibited as Ex PW-1/7.

7. I state that I received the information about sudden and unfortunate death of Mr. Ashok
Bakhri before the issuance of the legal notice dated 28.09.2015. I state that the defendant
No.1 & 2 who are the legal heirs of Mr. Ashok Bakhri have neither tendered the rent after
his death nor handed over the vacant peaceful possession of the suit premises to me. I
further state that on the contrary, it has come to my knowledge that earlier the suit
premises was locked but the defendant No.1 and 2 have illegally allowed and gave the
possession of the suit premises to the defendant No. 3 and to Sh. SatishBhakri which was
rented out to Mr. Ashok Bakhri without our written consent or any other kind of consent.
I state that Sh. SatishBhakri has put his machines in the suit premises. I further state that
it has also come to my notice that an electricity meter has also been illegally installed on
the suit premises without my consent. I further state that I also made complaints dated
16.09.2015, 31.05.2016 and 11.03.2016 in this respect. I further state that it has come to
 my notice that defendant No. 3, misrepresenting the facts to BSES Rajdhani Power
Limited and by forging documents, illegally installed an electricity meter in the suit
premises without my knowledge or consent. I further state that despite complaints, the
police and the BSES have not taken any action. I further state that the installation and
continuation of the meter at the suit premises is illegal and is liable to be removed. I
further state that defendant No. 3 is using the suit premises. The complaint dated
16.09.2015 is exhibited as Ex. PW-1/8, complaint dated 31.05.2016 is exhibited as Ex.
PW-1/9, and complaint dated 11.03.2016 is exhibited as Ex. PW-1/10.

8. I state that I do not wish to continue the landlord-tenant relationship with defendant No.1
and defendant No.2. I state that defendant No.3 does not have any right to reside/use the
suit’s premises as he is in illegal possession of the suit’s premises. I terminated the
tenancy of defendant 1 and 2 by legal notice dated 28.09.2015. I further state that despite
receiving the legal notice, they have failed to deposit the rent till date. The very fact that
they chose not to deposit the rent of suit premises shows their malafide intention, which
is to grab my property. The legal notice dated 28.09.2015 is exhibited as EX. PW-1/11.

9. I state that the defendants are liable to pay the arrears of rent since the last 4 years from
the date of filing of the present suit, however, I sought arrears of rent for the last 3 years
as per law amounting to Rs.1,80,000/- besides electricity charges. Therefore, the
defendants are under obligation to vacate and handover the peaceful possession of the
property as per the provisions of Transfer of Property Act, 1882 to me . I further state that
the defendants were asked to provide the complete details of the legal heirs of Mr. Ashok
Bakhri (if any other than the present defendants) as despite best efforts the same was not
available. I further state that some of the notices sent were received back .

10. I state that a reply dated 11.10.2015 was received on behalf of defendant no.2, wherein
false, frivolous, and contradictory pleas have been taken. The defendant no.1 and 2,
through admitting the landlord and tenant relationship, raised a frivolous dispute/ground
regarding ownership of the suit premises. It has been falsely stated in their reply that the
grandmother of the Defendant No.2 taken the suit’s premises for rent without giving any
details or particulars in respect of the tenancy. I further state that the grandmother of
 defendant no.2 was never in possession of the suit premises at any point of time. I further
state that there has been no dispute of ownership with regard to the suit premises at any
point in time. I further state that there has been no dispute of ownership with regard to the
suit premises at any point in time. The reply dated 11.10.2015 is exhibited as EX. PW-
1/12.

11. I state that due to the conduct of the Defendants, I am suffering mental pain and agony,
pecuniary and non-pecuniary losses for which, the defendants are liable to compensate
and pay mesne profits also.

12. I state that the defendants have not vacated the suit premises within the statutory time of
15 days which had commenced from the day of the receipt of termination notice dated
28.09.2015. The defendants are jointly and severally liable to pay mesne profits at the
rate of at least Rs 30,000/- per month till vacation of , which is current market rent in the
area.

DEPONENT

VERIFICATION:

Verified at New Delhi on this __________ day of August 2023 that the contents of my
above statement are true and correct and no material has been concealed therefrom.

DEPONENT