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A case diary based on the internship that is a must for a law college.
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TOWHOMSOEVER (^) IT (^) MAY CONCERN
year student^ of (^) LLB at (^) Campus Law (^) Center,
of (^) Law, Delhi University (^) pursued her^ internship at (^) our (^) office from (^) 05.09.
legal issues.^ She
House, (^) Saket, Tis (^) Hazari, and (^) National, State and District (^) Consumer (^) Redressal
along with^ me^ and^ my team (^) before (^) the (^) Hon'ble (^) courts I found^ her^ performance and (^) quality of (^) work (^) to be of very (^) good standard. I (^) am
lawyer.
NeW^ CULTTS Rajiv Ranjan Prasad Advocate
ACKNOWLEDGEMENTS This diary is a cumulative effort of the past few months and I’ve taken help from numerous seniors, friends, and well-wishers who had extended their kindness, thoughtful words and care towards me and my work, which deserves recognition and appreciation. I am grateful to Shri Rajiv Ranjan Prasad Sir for providing me the opportunity to work under him, for taking me to courts and tribunals and for helping me develop confidence and most importantly, a voice. I’m personally grateful for the weekly sessions on reflections, which enabled me to change my perspective and start thinking of mistakes as an opportunity to learn and grow. I am also grateful to Shri Lokesh Mishra, for all his novel methods of teaching and for always keeping me on my toes. For the entire duration of internship, thanks to him, I had always been prepared to answer questions. “Know your facts like the back of your hand”, the advice surely helped me, even in my moot practicals. I extend a sincere thanks to other seniors at the Vidhigyam Office, especially Shri Utkarsh Singh Sisodia for teaching me practical skills related to Intellectual Property Rights, including searching the registry, filing trademarks, drafting an objection, etc. Last but not the least, I thank my dear professor at CLC, Ms. Sneh Yadav for her wonderful teaching not just this semester, but also for a subject like Cr.PC. Her special focus on soft skills and her live demonstrations in class were lessons I put to full use during the course of my internship.
INTRODUCTION I had interned with Vidhigyam Advocates and Solicitors for a little over 3 months, however, for the purposes of brevity in this diary, an account of 30 days has been recorded. Vidhigyam is a full service law firm that deals with a range of fields, though the focus primarily is on Civil Cases and Consumer Cases. Additionally, it handles matters related to Criminal Cases, Negotiable Instruments Act, and Intellectual Property Rights, especially trademarks, matters related to real estate and RERA, etc. Vidhigyam is also empanelled with Northern Railways. The Partner Sh. Rajiv Ranjan Prasad is also empanelled on the family courts panel for DLSA where he gives free legal aid as well. The firm has its primary office at Sector 15A, Noida and also a chamber at Patiala House Courts, New Delhi. The firm has practice in all courts and tribunals of Delhi-NCR, including the Hon’ble Supreme Court of India, the Hon’ble High Court of Delhi, NCDRC, SCDRC, NCLT, NCLAT.
DAY : Monday, Day 1 PLACE : OFFICE AT SECTOR 15A, NOIDA TASK ASSIGNED: During the first day of the internship, I was briefed about my roles and responsibilities for the upcoming month. These included but were not limited to research work, preparing case briefs, basic drafting, court visits, filing trademarks, updating case files with latest orders, reading 2 additional case files and briefing my senior about any new judgment that I may find interesting. For the first day I was taught how to make case briefs according to requirements of the office. I made a case brief of a judgement by the NCLAT the gist of which is reproduced below: HYLINE MEDICONZ PVT LTD VS ANANDALOKE MEDICAL CENTER PVT LTD Appeal before NCLAT against dismissal of application filed u/s 9 IBC on the ground that claim does not meet requisite threshold to initiate Corporate Insolvency Resolution Proceedings:
DAY: Tuesday, Day 2 PLACE: OFFICE AT SECTOR 15A, NOIDA TASK ASSIGNED: I drafted a police complaint for presentation to the SHO under Section 415 (Cheating), 420(Cheating and dishonestly inducing delivery of property) of Indian Penal Code and Section 66 (Computer related offences) of Information Technology Act. The complainant was cheated of Rs 34,000 through an internet scam through misleading advertisements on social media website Facebook. The said complaint was presented to SHO, PS Hauz Khas. I also updated orders in the assigned files through ecourts mobile application and Confonet website for Consumer matters. PROVISION/JUDGEMENT OF THE DAY: I was also given the following case law to read wider into Section 415 Hridaya Ranjan Prasad Verma vs State of Bihar 2000 SCC Online SC 636 Ratio relevant: “… it has to be kept in mind the distinction between mere breach of contract and the offence of cheating is a fine one. It depends on the intention of the accused at the time of inducement which may be judged by his subsequent conduct but for this subsequent conduct it is not the sole test. Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of transaction that is at the time when offence is said to have been committed. Therefore it is the intention which is the gist of the offence” REFLECTIONS Even while drafting a simple police complaint, a lawyer keeps in mind the law so as to put relevant points across to make for a stronger case in favour of his client. That the complaint forms the basis of First Information Report which is of material consequence later on in the trial is an additional reason why it must be carefully drafted outlining relevant points.
DAY: Friday, Day 4 PLACE: OFFICE AT SECTOR 15A, NOIDA TASK ASSIGNED Was asked to draft a superdari application for release of vehicle during the pendency of trial. The day involved researching and learning about legal provisions regarding superdari and thereafter drafting the said application. The application contained details like name & details of the vehicle owner, registeration number of the vehicle, FIR number, Sections under which vehicle was impounded, and name of police station. Filed under: Section 451 of Code of Criminal Procedure Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. PROVISION/JUDGEMENT OF THE DAY Sunderbhai Ambalal Desai vs State Of Gujarat “In our view, the powers under Section 451 Cr.P.C. should be exercised expeditiously and judiciously. It would serve various purposes, namely:-
DAY: Monday, Day 5 PLACE: TIS HAZARI COURTS COMPLEX TASK ASSIGNED Visited Family court (Court of Additional Principal Family Judge) at Tis Hazari with seniors and observed proceedings in the following case: Manjit Singh Puri versus Rupinder Kaur The respondent in the present case had filed a guardianship petition under Sections 7,9, 10 and 25 of Guardians and Wards Act, 1890. An Application filed on behalf of petitioner seeking interim relief to meet his minor children on occasion of Diwali was put up for hearing on the instant date. Notice was issued. JUDGMENT OF THE DAY
"A parent cannot be a guest in the life of the child. If visitation rights only are granted for limited hours, it may not be sufficient for the child to have comfortable time with the father or mother, whoever may be the case. The wider the gap, the bonds get broken quicker and the child is left confused and ends up believing this. Such acts of any parent in separating a child from the other parent should be nipped in the bud otherwise the separated parent ends up becoming a guest in the life of the child. Overnight custody must been encouraged wherever possible and mere meeting and spending time with the parent for a couple of hours in court premises, hotel, theatre, Mall, part, etc under the supervision of other parent or relative will not serve any purpose of visitation” REFLECTIONS The experience of visiting a family court is always surprising. The court room appears full of mixed emotions, sometimes, outbursts where a person would be left wondering on what he saw during the proceedings. I learnt today why lawyers are taught to be objective- emotions cloud our sense of judgment.
DAY: Wednesday, Day 7 PLACE : OFFICE AT SECTOR 15 A, NOIDA TASK ASSIGNED Was given the task to research on bail laws to find out a favourable ratio for a Special Leave Petition (Criminal) that was to be filed in the Hon’ble Supreme Court. Brief facts: An FIR relating to misappropriation of Rs 25,53,581 was filed against the accused. Arrests were made in 2019 and bail application was dismissed by the Trial Court and High Court of Jharkhand on the ground of pendency of trial (that case is at the stage of prosecution evidence) Case law: Bhagirath Sinh Judeja vs State of Gujarat AIR 1984 SC 372 “…even where a prima facie case is established, the approach of the court in the matter of bail is not that the accused should be detained by way of punishment but whether the presence of the accused would be readily available for trial or that he is likely to abuse the discretion grained in his favour by tampering with evidence” JUDGEMENT OF THE DAY Sanjay Chandra vs Central Bureau of Investigation “The grant or refusal to grant bail lies within the discretion of the Court. The grant or denial is regulated, to a large extent, by the facts and circumstances of each particular case. But at the same time, right to bail is not to be denied merely because of the sentiments of the community against the accused. The primary purposes of bail in a criminal case are to relieve the accused of imprisonment, to relieve the State of the burden of keeping him, pending the trial, and at the same time, to keep the accused constructively in the custody of the Court, whether before or after conviction, to assure that he will submit to the jurisdiction of the Court and be in attendance thereon whenever his presence is required.” REFLECTIONS At law school we are taught that bail is the rule, jail an exception. However, district courts routinely reject bail applications even when the law says otherwise due to practical considerations.
DAY: Thursday, Day 8 PLACE : PATIALA HOUSE COURTS COMPLEX TASK ASSIGNED Visited the Court of Ld. Additional Chief Metropolitan Magistrate with seniors in the following matter: STATE Vs AHAD ALI @ AADI Brief facts: The accused was charged under Section 4 of Arms Act for discovery of knife on a random search conducted by Police during COVID lockdown. The accused was acquitted and the case was disposed of. In compliance with Section 437A CrPC, bail bonds were furnished by the accused and accepted by the Court. JUDGEMENT OF THE DAY In the case of Malti Devi Singh & Others v/s The State of Uttar Pradesh, whereby the accuser’s conviction of causing injury to the respondent while acting in self-defence was considered by the court under the principle of the uplifted knife, the court set aside the order of the lower court for the appellant’s conviction provided a legal theory by an eminent jurist the Justice Holmes who stated that “ a detached reflection cannot be demanded in the presence of an uplifted knife ”, the appellant. REFLECTIONS Bail bonds are furnished under Section 437A of Code of Criminal Procedure even after acquittal/conviction so as to allow the accused to complete the appellate proceedings. This bail stays valid for 6 months. Uplifted Knife Theory: the proposition that it is immoral for the state to punish a defendant whose actions during an emergency situation could not have been impacted by the threat of legal sanctions.
DAY: Saturday, Day 10 PLACE : OFFICE AT SECTOR 15A, NOIDA TASK ASSIGNED Filing of trademark under class 3 of trademark classification under the Fourth Schedule to Trademark Rules, 2002 Class 3. Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices. Details of trademark filed: VN AROMA (WITH DEVICES) VN AROMA written with white colour in black background along with the image of an eagle in golden colour above the text. Was asked to summarise the following case law: Rakesh Malhotra vs Krishna Malhotra 2020(1)RCR(Criminal) Issue: Whether after grant of permanent alimony under Section 25 of the Act, a prayer can be made before the Magistrate under Section 125 of the Code for maintenance over and above what has been granted by the Court while exercising power under Section 25 of the Hindu Marriage Act 1955? Held: The Supreme Court directed that the application preferred under Section 125 of the Code shall be treated and considered as one preferred under Section 25(2) of the Act. Therefore, after grant of permanent alimony under Section 25 of the Act, a prayer cannot be made before the Magistrate under Section 125 of the Code for maintenance over and above what has been granted by the Court while exercising power under Section 25 of the Hindu Marriage Act 1955. REFLECTIONS The law although was enacted to safeguard interests of women, however the same tool instead of being used as a shield but is being used as a sword.
DAY: Monday, Day 11 PLACE : OFFICE AT SECTOR 15A NOIDA TASK ASSIGNED To draft a mediation application form under rule 3(1) of the commercial courts (pre- institution mediation & settlement) rules, 2018 read with section 12A of the Commercial Courts act, 2015 along with supporting affidavit. Read through the requisite statute- Commercial Courts Act, 2015 and corresponding Commercial Courts Rules 2018. The following provisions were of consequence: Nature of dispute: Section 2 (1) (xviii) agreements for sale of goods or provision of services S.12A: 12A. Pre-Institution Mediation and Settlement—(1) A suit, which does not contemplate any urgent interim relief under this Act, shall not be instituted unless the plaintiff exhausts the remedy of pre- institution mediation in accordance with such manner and procedure as may be prescribed by rules made by the Central Government. REFLECTIONS The provision of pre-litigation mediation was instituted to enable suits of simple commercial nature to be settled outside court. However, it has now become cumbersome as the other party conveniently sits out.
DAY: Tuesday, Day 13 PLACE: SOUTH WEST, DWARKA COURTS TASK ASSIGNED Visited the court of Ld. Additional District Judge in the following matter: Creative Educational Aids Pvt Ltd v/s Daily Delite & Ors Statutory provision involved : Section 135, Trademarks Act 1999 On behalf of : Plaintiff It was a case of trademark infringement in toys and learning games. On this hearing, it was submitted that since the court was of commercial nature, an application would be moved before Ld. Principal District and Sessions Judge for transfer of present case to Commercial Court. The said request was allowed. PLACE: OFFICE AT SECTOR 15A, NOIDA Drafted written statement in the following matter relating to possession and permanent injunction: Vijay Luthra vs Rekha Luthra Brief facts: the plaintiff was the younger brother of respondent’s late husband who illegally wanted to evict the respondent from a house jointly bought by the brothers. Drafted the written statement. REFLECTIONS In practical terms, jurisdiction of courts plays a very important role. It is often the first question asked by the judge, “how is the present suit maintainable”. Therefore, even if a matter relates to Trademark, it is fascinating to see how principles of CPC and Commercial Courts Act are intertwined and at play together.
DAY: Wednesday, Day 14 PLACE : OFFICE AT SECTOR 15A NOIDA TASK ASSIGNED Drafted an application on behalf of the defendant under ORDER IX RULE 7 C.P.C. for setting aside the impugned order. Order IX Rule 7 reads as: Where the Court has adjourned the hearing of the suit ex-parte and the defendant, at or before such hearing, appears and assigns good cause for his previous non- appearance , he may, upon such terms as the Court directs as to costs or otherwise, be heard in answer to the suit as if he had appeared on the day, fixed for his appearance. The defendant moved an application for setting aside the ex parte order on grounds such as non-receipt of summons and non-disclosure of material facts by the plaintiff. Drafted an application for the same. Drafted a demand notice u/s 138 r/w S. 142 Negotiable Instruments Act 1881 for payment of sum of Rs.2,40,000 on behalf of the complainant, Gulsan Finance Company. REFLECTIONS The drafting of Order IX Rule 7 application did take some time. I learnt the importance of using the right words, and was explained the consequence of putting information in the application that could be detrimental to our case. The seniors also advised me to go through the relevant provision in CPC again, which has been replicated above.
