Campus Law Centre

SUBJECT : MOOT COURT, MOCK TRIAL

AND INTERNSHIP

INTERNSHIP DIARY – COURT VISIT

SUBMITTED BY:

ASHISH MISHRA

CLASS ROLL NO- 201172

EXAM ROLL NUMBER -20309806169

SECTION- B, SEMESTER V
 Campus Law Centre

INTERNSHIP DETAILS:

NAME OF THE LAWYER Advocate RAKESH CHAUDHARY

Tis Hazari Courts, Delhi High Court

CHAMBER 436, Lawyers chamber, Tis Hazari

Courts, Delhi

DURATION OF INTERNSHIP 1st October, 2022 to 31thOctober, 2022

 DECLARATION

This declaration is made on 15th December,2022 at Delhi that this internship

report has been prepared and drafted by me under the supervision of Mr.
ARPIT CHAUDHARY , associate of Mr RAKESH CHAUDHARY, Tis
Hazari Courts. It contains the work accomplished by me which was assigned to
me during internship. This work was done in respect of the partial fulfilment of
the requirement for the award of degree of LL.B. This has not been submitted
either in whole or in part to any other Law University or affiliated Institute
under

University, recognized by the Bar Council of India for the award of any law
degree or diploma within the territories of India.

Dated: 15th December,2022

ASHISH MISHRA, Roll No. 201172

Section – B, 3rd Year, 5th Semester
Campus Law Centre
 ACKNOWLEDGEMENT

I, ASHISH MISHRA, owe this moment of great satisfaction with a deep sense
of gratitude and indebtedness to Advocate RAKESH CHOUDHARY,
Advocate ARPIT CHAUDHARY, Advocate DANISH CHAUDHARY for
their constant guidance and support. I am thankful to them for their invaluable
teachings, guidance, advice given to me, for helping me in exploring and
understanding the basics and fundamentals of legal processes better.

I also pay my sincere regards to the clerks and office staff of Advocate

Rakesh Choudhary’s Office for always being helpful and supportive to me as an

intern in order to facilitate the efficient completion of tasks assigned.

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

record my warm gratitude towards Dr. VANDANA MAHALWAR, Assistant
Professor at the Campus Law Centre, Faculty Of Law, University Of Delhi, my
respected professor to encourage me towards Internship.
 CERTIFICATE

The document attached herein are the true copy of the certificate received by me
in lieu of the work undertaken during the course of my internship and the drafts
prepared by me for the drafting purposes.

Dated: 15th December, 2022 ASHISH MISHRA

Roll No.201172

Section - B 3rd Year

Campus Law Centre

 INTRODUCTION

Law is a field wherein practical knowledge is absolutely different from what we

learn in books. Through books and our lengthy syllabi of each semester, we are
taught both the substantive law as well as the procedural law. However, what
we are taught in the classrooms is totally different from what we see in the
court. No matter how well-versed you are in studies and how well you score in
exams, practical training is essential to gain a foothold in this career.

The term internship refers to a stage / phase during which an individual gets the
opportunity to experience his / her industry of interest before entering into it full
time and opting for it as his / her future career field. They are ideal for
understanding the way a particular industry functions and what it would be like
to work in that scenario.

Probably because of the above-mentioned reason, it is seen that almost all

professional courses have included a semester of compulsory internships in their
course curriculum.

I got the chance for learning the procedure of a law firm and other legal process
during the months from, 1st October 2022to 30th October 2022, when I was given
the golden opportunity of working with Advocate RAKESH CHAUDHARY.

I, as an intern personally felt that it was great to see how my textbook

knowledge applied to real world situations. I experienced how the legal
department functions on a daily basis, rather than just reading or hearing about
it. The real world situation was completely different from the knowledge we
gain from textbooks. There were certain minute procedures that aren’t
 mentioned anywhere and they could be learnt only by first-hand experience.
Moreover, such a close interaction with the real situation helped me decide
better, as to what are the possible options and avenues that can be pursued by
me in the future and the implications of each are.

This Internship has helped me to acquaint myself better with respect to the field
of law. It has provided me with:

• Work Experience - Most students who graduate or pass out fresh from College
do not have any valuable on-the-job experience to show on their resumes.
Working as an intern provides a student with some valuable work experience.

• Understanding of the field - The fieldwork to be undertaken and the possible

avenues the field of law holds for a student’s future.

• Increase in knowledge- All the research work done on various different topics
assigned helped expand the diversity and detail of my knowledge which is very
important as a law student.

• Developing useful skills (communication, writing and researching, etc.) and

gaining valuable exposure.
 PART A

FACTUAL AND ANALYTICAL INFORMATION ABOUT THE

INTERNSHIP

INTERNSHIP REPORT FROM 1st OF OCTOBER, 2022 TILL

30th OF OCTOBER, 2022

OCTOBER, 2022

DAY 1

I started my internship under Adv. RAKESH’S office from 1 st October, 2022.Sir

immediately asked the interns to join him in client counselling, where I
witnessed the client narrating the problems while sir incessantly took down
notes. The client had come in connection with a property dispute between her
and her sister. The sister had passed away while the matter was still pending
before the Delhi High Court and had allegedly left a will which the client
wanted to contest. Sir advised the client to file a petition of probate and on
application for temporary injunction to restrain other claimants of the
deceased’s property from taking away any of her movable assets.

OBSERVATIONS

The counselling session offered an interesting insight into the expectations of

client who wants to opt for litigation as a solution to the dispute. The client
seemed to be hostile to the idea of an amicable settlement and appeared to be
using the property dispute to intimidate the other claimants and gain an upper
hand. However, Sir tried his best to convince the client to reach a mutually
agreeable solution since both parties were known to him through family
connections. But in the end, Sir agreed to take up the case.

DAY 2

Visit to Tis Hazari Court(Delhi). The interns accompanied Sir to Tis Hazari as
Sir’s case was listed here. We observed the structure of the court. It consists of
56 courts and various branches like the Delhi Legal Aid Services (DLAS)
office, Mediation Centre (3RD floor), the Nazarat Branch (1st floor) that is the
Process Serving Agency and is primarily responsible for the delivery /
execution of various processes issued by the courts at the Tis Hazari and
receiving processes from other districts/ states, the Civil Record Room and
Criminal Record Room and the Copying Agency (3rd floor) among others.

We also managed to meet a Naib Court and enquire about his duties and
functions. He is a police employee and serves as a link between the court and
the police. He described himself as a “daak – peon” or some sort of a postman –
cum- peon and explained that he takes the court summons / notice to the police
station under whose jurisdiction the accused / witness resides and brings the
copy of the FIR and the other documents from the police station to the court.
Therefore, he acts as a very important intermediary in the issue of process in
criminal cases.
DAY 3

We reached Tis Hazai Courts the next day. We first had to go to the courtroom
of a

Session’s Judge to see if a witness in one of the Cases was present. The room
was crowded and asking around was futile. We were then informed by another
advocate present that we could gather our information by looking at the Naib
Court’s diary. He is supposed to maintain the record of every witness’
appearance or non-appearance and has to call out witnesses who are present to
take the stand before the judge.

We then proceeded to obtain a certified copy of a divorce decree. To do so, one

has to fill a ‘Civil Certified Copy Form’, got it signed by the Advocate and
party concerned, pay the fees requisite and submit it at the determined counter
at the Facilitation Centre on the ground floor. A certified copy signifies that it is
the true copy of the concerned document as is present in the record of the court.
It has to be specified if the application is ordinary or urgent. The application
also has to state whether the copy is required for private use or otherwise since
the fee for the latter is higher.

DAY 4

Since it was Saturday, the day was spent at the office by going through case
files.

We observed that at the beginning of every case file, an ‘Urgent Application’

had been filed. The application has a fixed formed and contains space where the
urgency/ reasons for filing the application is to be noted. However, it was left
blank in every application we encountered. When we asked the associates at the
office, they told us that had they not filed the said application the first hearing in
every case would have been scheduled at least two years after the filing of the
suit. Therefore, they resorted to the tactic to expedite the process of litigation.

We were also given information about ‘Vakalatnama’. Its format is quite similar
to that of a Power of Attorney. It authorizes the pleader appearing for a litigant
do several acts as an agent and consequently bind the litigant, who is the
principal. It specifies the scope of delegated authority and the terms and
conditions of such delegation. The Vakalatnama is affixed on the last page of
the plaint or written statement.

DAY 5

Was assigned the task of briefing of the paper book for the matter titled CBI
VS. A.MURUGUN AND ORS.

DAY 6

We reached Tis Hazari Courts around lunch to obtain further information, this
time regarding the issue of process. The Alhmed at the courtroom of the same
Sessions Judge as the previous day. He told us that the procedure for issue of
process is markedly different in civil and criminal cases.

In civil cases, a Process Fee (PF) is to be paid for the issue of process to
defendants, witnesses or any other person required to be presented in the court
by the party who wants to summon the other party witness. It is also called Fard
Talwana. Such a party is required to fill PF form.
The situation is different in criminal trial. The PF has to be paid only in Non
cognizable cases. The Alhmed maintains a diary of PF in all cases (civil &
criminal) except those of cognizable offences. In such matters, the police are
tasked with delivering the summons to the accused or witnesses.
Simultaneously, the Alhmed has to send the investigating officer of a case a
notice to appear before the court.

Day 7, 8 and 9

On 7th day I was given research work which was to be submitted after 2 days.
The topic was related to the converting of Section 326 of IPC to section 324 of
IPC. I found the research interesting but after 1.5 days I was stuck at one point
and couldn’t think how to work further. The second day I was helped by the
senior associate in every possible way and then I found that it is very important
to approach and clear the doubts as early as possible rather than lingering with
the same research for days. On 9th day I was asked to submit my research and I
did. This made me realize that how important the deadlines are and how one
has to learn time management in this field. . Both the days I worked for 4 hrs a
day. I was not allowed to leave the office before completing the work. I
submitted my work on 9th day evening and was called on 10th day to discuss
the same. The research was little haphazard so I was asked to organize it table
wise so that it is easy for reference. I spent around 1 hr in organizing the whole
research.

DAY 11
Today, I went to the office of the Advocate and learnt about the substantial and
nittygritty methods to maintain an office of the Advocate.
DAY 12

On day 12, a client alleging Domestic Violence on her husband came to the
office and I was asked to sit with the associates to discuss the case. I heard
everything carefully and was asked to prepare a brief of the meeting. Meeting
lasted for around 3 hours and I and a co-intern prepared the case brief together.
Next day I was asked to draft a Domestic Violence Complaint u/s 12 of
Protection of Women from Domestic Violence Act, 2005. I was given a draft of
the complaint and I made the new DV according to that.

DAY 13

The 13th day was a light one. I visited the High court with my senior and
witnessed cases at random in various court rooms. I observed how the
proceedings took place in different cases. I sat in various single judge
courtrooms in the High Court and observed the behaviour of different judges as
well as lawyers.

DAY 14

Was assigned the task to draft a revival of execution petition in the Delhi high
Court, as the Respondents in the matter titled M/s Actia India Ltd. vs. H.K.A.
Agencies had disregarded the settlement recorded by the Hon’ble Supreme
Court.
DAY 15

Was assigned to visit court to witness a case

CASE 1

Name of the case: SH. SUMIT MAHAJAN V SMT REKHA

Guardianship petition 48/2022

Current status: Pending

Subject matter: Petition for custody of minor child namely master Deepak
Saxena under section 25 of the Guardians and wards act,1980

FACTS OF THE CASE;

 Petitioner husband and respondent wife were married on 11.06.2015 and

resided at Alampur, Faridabad.
 Marriage was duly consummated and a male child named Deepak was
born on 19.08.2016 and is presently in the care and custody of the
respondent.
 Respondent is a working lady and would return late in the evening from
her office in palwal ,the baby was taken care by petitioner’s mother
 The relations between the petitioner and the respondent were cordial but
the respondent started making unusual demands of expensive gifts
forcible despite knowing that the same was beyond the means of the
petitioner and his family.
 The relations between the petitioner and the respondent soon deteriorated
and it affected the harmony of the house too.
 Partying with the office colleagues was a regular affair for the respondent
wife which annoyed the petitioner husband and family.
  The respondent wife also demanded money for her paralytic father and
would spend that money on shopping instead.
 On 19.08.2016 the respondent wife gave birth to a son named Deepak at
Shree ram hospital, Faridabad.
 The whole family of the petitioner including him took good care of the
respondent and the baby. The respondent joined back her office and
master Deepak was taken care of by petitioner husband and his family.
 On 23.09.2019 the respondent took master Deepak to her parental home.
She did not allow the petitioner to meet his son Deepak despite numerous
efforts by him.
 Petitioner being worried about his son’s proper up bringing, education
and health, filed this application in the Hon’ble court for his custody.

DAY 16

CASE 2(DELHI HC)

RAMESH KAPUR V. RAVNEET SINGH &ORS.

FACTS OF THE CASE; Here, the daughter of the Petitioner committed

suicide within one year of her marriage due to demand of dowry and other
hassles and troubles created by her in-laws and husband in her matrimonial
home. The Respondents have been granted Anticipatory Bail by the Hon’ble
High Court and no proper investigation to reveal the hidden story and the
culprits behind this crime is being conducted and hence, this writ petition by the
Petitioner.
STATUS: This case is still at initial stage as the writ petition has been filed
before few days in the High Court of Delhi and the proceedings are still to be
initiated

DAY 17

This day was spent in the office of the Advocate and I read the case files. The
facts of the case are produced below along with their present status
CASE 3(TIS HAZARI COURTS)

ADARSH V SIRAT BAKSHI

FACTS OF THE CASE: Plaintiff had examined 2 witnesses in its evidence

defendant had examined one witness in her defence and defence evidence
closed on 11.10.2022.
Plaintiff proved the on-record sale deed exhibit to prove the ownership of the
suit property.

Defendant took the defence that the documents do not pertain to the suit
properly but she has not led any defence in rebuttal to prove the same.

Plaintiff filed this application to summon the official records from the office of
town planning department and house tax department for identification of the
suit properly being same as reflected in the title documents of the same sale
deed exhibit.

DAY 18
Today I was present in the courtroom to witness Examination-in-Chief as well
as Cross examination.

Examination-in-Chief

COURT: TIS HAZARI COURTS

The client in the case was prepared completely and was made to go through the
case files thoroughly a day prior to the date of hearing in Court.

However, when the Counsel for the client was about to begin the Examination-
in-Chief, the Ld. Metropolitan Magistrate interrupted the Counsel and began
asking the client question of his own accord.

This made the client nervous and he fumbled tremendously. The client was thus,
unable to put forward his case effectively before the Court which weakened his
stance in the case.
I did not get the chance to observe how an examination-in-chief is actually
conducted due to this. However, I was privy to all the processes that happen in
preparation for it.

Cross examination

COURT: TIS HAZARI COURTS

The witness in the case shifted from his earlier statement made under Section
164 of the CrPC, 1973 to the Ld. Magistrate and was declared a hostile witness.

The Counsel for the client was allowed to cross-examine the hostile witness by
virtue of Section 154 of the Indian Evidence Act, 1872.
 Demeanour of the Counsel:

• The Counsel was confident yet respectful.

• Counsel was nontrue.

• The Counsel questioned the hostile witness on the discrepancy between the two
statements made by her and then went onto to question her on the basis of the
fresh statement made in court.

• Questions put forth by the Counsel were to the point straightforward, closed
ended and leading. They did not allow for the hostile witness to explain his
stance or deviate from the question asked.

• The Counsel maintained steady eye contact and an even toned voice while
questioning the hostile witness.

DAY 19
Did not visit the court but worked with Adv Kumar Mukesh. We were tasked
with drafting a Will for Sh K.K SINGH

DAY 20
CASE 4
SMT JANKI V SH. PRAKASH SINGH

Current status: Pending

Subject matter: Application on behalf of the judgement debtor for cancellation

of warrant of arrest issued against judgement debtor vie order dated 16.10.2022
Facts of the case: The judgement debtor could not reach on the first call as he
had to visit the Indian bank for opening of new account as his earlier accounts
were inoperative.

The counsel for the judgement debtor asked for a pass over nut the Hon’ble
court declined the same and issued a warrant against him and adjourned the
matter

The judgement debtor could not intentionally and not deliberately appear before
the Hon’ble court on the first call due to the same above-mentioned reason.

Therefore the judgement debtor applied for the cancellation of the warrant of
arrest against him in the interest of justice.

DAY 21

CASE 5

RAHIMALI V. B.S.E.S.

SUIT FOR DECLARATION AND PERMANENT INJUNCTION UNDER

SECTION37/38 SPECIFIC RELIEF ACT, 1963.

FACTS OF THE CASE :In the said case the electricity bill for the theft was
raised by B.S.E.S. against the plaintiff.

The plaintiff challenged the said bill as illegal and inappropriate by way of the
said suit and prayed for the declaration of the said bill as null and void and grant
of the injunction praying therein that the defendant should be restrained from
disconnecting the electricity during the pendency of the suit.
Notice was issued on the said suit to the defendant who after filing its written
statement made a proposal to report for sending the case to the LOK ADALAT
to the Hon’ble Court.

OBSERVATIONS:

The plaintiff agreed to the said proposal and the matter was sent to Lok Adalat
for next hearing i.e., on 13/10/22, where it was settled subject to payment of
50% of the amount of the bill raised by the defendants.
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
NORTH EAST DISTRICT, KKD COURT, DELHI

MAINTENANCE PETITION NO. /2022

IN THE MATTER OF:
Niharika
….PETITIONER
VERSUS
Hemant Kumar, …
RESPONDENT

P.S. KHAJOORI KHAS

PETITION U/S 125 Cr.P.C. FOR GRANT OF MAINTENANCE
TO THE PETITIONER/WIFE.
IT IS MOST RESPECTFULLY SHOWETH:
1. That the petitioner is a law abiding and peace loving
citizen of India and the respondent used to beat the
petitioner mercilessly and forced petitioner to live at her
parental home, as the Petitioner has been thrown out of
her matrimonial house by respondent on 12.03.2022
since, Petitioner is residing at her parental home.

2. That the petitioner was married with respondent on

20.11.2020 as per Hindu rites and customs at Ambika
Palace Banquet, Bhajanpura, Delhi, as demanded,
therefore, a huge amount were spent by parents of
Petitioner in marriage. This was arranged marriage.
3. That after the solemnization of this marriage, the
petitioner started residing with respondent i n her
matrimonial house i.e. H. No.- 1868, 1 st Floor, Gali Ahiran,
Near Hansraj College, Malka Ganj, Delhi-110007 being his
legally wedded wife and discharging her duties towards
her legally wedded husband/respondent and other family
members.

4. That the parents of petitioner spent a huge amount in this

marriage and given all the dowry articles, jewellery etc. as
demanded by Respondent and other family member to
their complete satisfaction.

5. That just after the marriage, the petitioner found that the
respondent and other family members are very greedy
persons, and used to pressurise the petitioner to bring Car
and other gifts from her parental home on various
occasions and mother in law, brother in law start taunting
by calling “Tere baap ne hmari aukaat ke anusaar
daan dahej ke shadi nahi ki aur hamari naak samaj
me katwa di” when petitioner objected against such
behaviour of the respondent and other family members
then the petitioner was subjected to cruelty beaten
mercilessly by the respondent, mother and Brother in law
(Sagar) to meet out their unlawful aforesaid demands. The
respondent is a person of suspicious nature and from the
first day of residing of the petitioner who felt it by the
nature and behaviour of respondent with petitioner,
 besides, responden t also started abusing and humiliating
the petitioner off and on.

6. The respondent started humiliating the petitioner by using

filthy language, and after drinking alcohol respondent
used to do used to beat the petitioner mercilessly and
negligently. The complaint of the same has been filed on
16/08/2021 before the CAW Cell, Nand Nagri, Delhi. The
copy of the same has

7. That the petitioner is a house wife and has no means or

source of any income from any corner to maintain herself
and presently residing at her parental home as she is
forced to maintain herself by taking help from her aged
parents and relatives as neglected and refused to
maintained by her legally wedded husband/master of the
family i.e. respondent.

8. That the respondent is a man of means and has his own

Galaxy Business Promotion and also deals in Business
Restaurant, Saloon, SPA, Auto Mobiles etc. and earns Rs.
50,000/- pm. and have neglected/failed to maintain the
petitioner being his legally wedded wife. The respondent
is also not having any other liability except to maintain the
petitioner/wife.
 9. That the petitioner is residing at her parental House i.e. H.
No. E-342, Gali no. 15, Khajoori Khas, Karawal Nagar,
North East, Delhi-110094 The Aadhar Card of the
petitioner is attached, which falls in the jurisdiction of this
Hon’ble court.

PRAYER:-

Therefore, in the light of abovementioned facts and

circumstances it is most humbly prayed as under that:-

a. To award a maintenance of Rs.25000/- (Rupees Twenty

Five thousand) atleast or above per month as a monthly
maintenance to the petitioner.
b. Any other/further order/orders which this Hon’ble Court
may deem fit and proper may kindly be passed in favour
of the petitioner, in the interest of justice.

Delhi: PETITIONER
Date: Through
 IN THE COURT OF DISTRICT AND SESSION JUDGE,
NORTH

ROHINI COURTS,
DELHI

IN THE MATTER OF:

STATE
VS
MOHD. ADIL

APPLICATION FOR GRANTING OF REGULAR BAIL U/S 439

CR.P.C.ON BEHALF OF APPLICANT NAMELY MOHD. ADIL

MOST RESPECTFULLY SHOWETH:

1. That the applicant / accused is was arrested by the

Concerned police staff in the above noted case and sent
to judicial custody. The applicant is 18 years old boy who
is pursuing his graduation.

2. That the complainant and his brother with other persons

had shooted at the uncle of the applicant in which the
applicant had tried to save his uncle in which the
complainant got injuries

3. That the mother of the applicant is very ill and suffering

from the cancer at the last stage the mother of the
 applicant has a wound which is to be cured and treated
regularly . the father of the applicant was also arrested in
this case. The mother of the applicant has to go to
hospital after two or three days for blood test and other
treatment.

4. That the accused above names has nothing to do with the

commission of the crime and has been falsely implicated
inn the present case

5. That the applicant person was never previously convicted

therefore no useful purpose will be served by keeping the
applicant in judicial custody with hard core criminals .

6. That the applicant is ready and undertakes not to temper

with the evidence and further undertakes to abide by the
terms and conditions of bail.

7. That the applicant/accused person undertakes to produce

local sound suriety before this hon;ble court.
PRAYER

It is , therefore, most respectfully prayed that this

hon’ble court may graciously be pleased to grant
regular bail to the applicant / accused person to grant
regular bail to the accused person with such terms and
condition as the hon’ble court deems fit and proper, in
the interest and furtherance of justice.

Applicant/ accused

Place

Dated
Through counsel

Rakesh Chaudhary