Download Internship study undetraken and more Essays (university) Law in PDF only on Docsity!
Study Undertaken & Observation.
“The law is not what we learn from our books, it is much beyond that.”
The whole period of internship - from initial day to last day –has been a great experience. Every day I learnt something new from Advocates and associates.
I was exposed to the functioning of law firm. It was fascinating to know about the complex system and working procedure involved with a Legal firm. Departmental division and their co-operative functioning was admirable, it takes some time for a fresher to get to know the working of the firm.
Getting acquainted with the National Capital Region and especially entire marvelous structure and outlay of the Supreme Court took a few days.Even then I had quite a few confusing moments.
Analyzing case matters: A few cases which were pending were handed to me for reading.
While reading the files that had been deposited in the registry, I gained insight into the procedure of drafting a memorial and additional document that need to be attached to substantiate the file such as affidavits and the evidences.
- PIL- filing, Proof reading, Editing and re-filing.
Two of the managing partners along with a client had filed, A writ petition in public interest under article 32 of the constitution of India seeking to enforce the rights under articles 14 and 21 in respect of citizens whose rights to life, freedom and property are severely impacted by environment pollution and vigilantism related to dairy industry.
The writ petition was to seeks a ban on “artificial insemination of dairy cattle” as it is an act of cruelty towards animal and against the order of nature 2 01 Fcausing gross ecological imbalance” which threatens human life and social harmony of India; it also seeks greater
responsibility and accountability of livestock-owners using digital tracking (RFID) technology as practiced in Europe, America etc.
Over 700 pages file was given to us – the team of two interns- As the filed copy was returned due to the formatting and technical errors, we tasked with project of making the petition compliant to the necessary standard.
It wasn’t easy task to re-edit the petition as it returned with stamps of the various departments already on it; so we had to edit it in a way without disturbing the whole body of petition along with page numbers of Index and paragraph numbers.
This re-editing business provided me an opportunity to know some of the statistical and legal data and ground reality regarding the issues that were attached as annexures with the petition.
I was asked to prepare the refiling application, format for the same was unencountered for me as before, but senior associate guided me through that.
- Subsequent procedures when a case was Disposed by Default.
A case filed under the section 138 of the negotiable instrument Act, 1881 in the court of the chief metropolitan magistrate was Disposed by Default (D.D.).I was asked to research an authority find out procedure whether it could be filed in the district court or appeal in the High Court is only available option.
As per the primary research I found that according to section 256 (1) of the Cr.P.C ., 1976
If the summons has been issued on complainant, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused , unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or
to defendant, it is an obligation of civil court to check, whether the suit is duly instituted or not, and in case there is some apparent defect in the suit then, before issuance of summons, the plaintiff should have been required to remedy the defect.
Summons should be accompanied by the plaint:
Rule 2 requires that summons in the name of defendant must be accompanied by the plaint or, if the court so permits, by a concise statement. This requirement is not complied with in most of the cases. In my view, which is also supported by a judgment of honorable Lahore High Court, the judge issuing the summons should also pass an explicit direction to office that summons should be issued with the copy of plaint attached with it.
Form of summons:
another provision which is relevant to the discussion is rule V which is being ignored and violated with impunity by every court, which is reproduced as under for ready reference: Summons to be either to settle issues or for final disposal. The Court shall determine, at the time of issuing the summons, whether it shall be for the settlement of issues only, or for the final disposal of the suit; and the summons shall contain a direction accordingly:
Provided that, in every suit heard by a Court of Small Causes, the summons shall be for the final disposal of the suit.The mentioned rule requires that the court is bound to determine, before issuance of summons, whether the summons shall be issued for settlement of issues only or for the final disposal of the suit. In my almost 15 years of practice I have not seen any single order of a civil judge specifically determining that what kind of summons, either for settlement of issues or for final disposal of the suit should be issued. I have also noticed that in many cases the summons is issued for final disposal rather than for settlement of issues which is such an illegality which may render the whole subsequent proceeding of the suit as nullity.
Service should be made in person:
Rule 12 requires that service of summons should be made in person or through authorized agent, however if the defendant cannot be found and also has no authorized
agent then service of summons on an adult male member of defendant's family would be considered as good service (rule 15).
the courts seized of a civil suit is bound under the above-mentioned constitutional provisions to rigorously follow the provisions of Order V CPC and even a minor deviation which may result into ex-parte proceeding and subsequent decree may result into deprivation of fundamental of the defendant.
- Drafting a police complaint
Another task was to draft a police complaint on behalf of client.
The case was of fraud. The client, during his stay in New Delhi was staying at a hotel. Our client being handicapped person, trusted hotel’ concierge with his ATM card and Pin to get sum of RS. 2000/- From his account, later on he discovered that sum of Rs. 25000/- was fraudulently debited from his account.
I was asked to draft and file a complaint in Kalka ji police station, New Delhi.
- Notice
I was advised to draft a demand notice for nonpayment of the dues, under the services of the form 3 (demand notice) under section 8(1) of the Insolvency and Bankruptcy code, 2016 (code) read with rule 5 of Insolvency and Bankruptcy rule, 2016.
Facts were as following:
Our client- Bhraman tours and travels was left with balance amount Rs.4,13,716/- to be paid. In spite of our continuous reminders respondents of the notice were delaying payment and not standing by their words. After our continuous reminding by messages and call respondents suddenly find interest rates that were charged is high and unjust, that in beginning, they had agreed to pay.
- Drafting terms of agreements
An advocate spends more time in his chamber with client then he does with the judge in the court. Therefore, it is of at most important as lawyer to possess mastery over the skill to talk with client. I had chance to witness ample number of client counseling to deduct from personal experiences. The way to deal with the client, from how to open him up to share his personal details to making him realize about the court proceedings and to make him aver regarding the status and stage of case without over exaggerating and how to be safe from making any kind of carried away promises while giving optimistic concealing. Tackling counter questions and maintaining the privacy of the client and is information. Doing this in real time while facing them is sounds quite easy then doing but this are the things that I tried to learn sometime while making notes of the facts from the clients.
“One thing you must always remember while dealing with clients is to be always on their side, understand what they are going through and to think from their point of view. Also, to survive in this field one needs to have excellent relations with everyone -even if you don’t like them”. is just another quote that advocate sir used to say. The internship also taught me a great deal of professional ethics. One must sympathize with their clients and make sure that they are satisfied with the work while maintaining professional relationship.
Before Ending up I would like to share my experience and topics which are covered during this one-month internship. They are as follows: -
- During the said internship period I became aware with the system of the Judicial Department of NCR.
- I also learnt how to file PIL in Supreme court, Appeal in High court and Revision application in District Court.
- I also had been aware with the Procedural aspects of the Judicial Departments in various types of matters.
- The Firm in which I had taken internship was generally had Corporate matters and therefore, I had gone through the various Provisions under which such type of cases being filed.
- Over and above I had also learnt about the Issue of Notice to the concerned parties under the various Provisions.
- I had also learnt about the management in the Giant Law firms and types of work required to be done in the Firm’s Office.
- I had also learnt about the Drafting of the Pleadings for the parties.
