INTERNSHIP DIARY HEMANT - Removed
INTERNSHIP DIARY HEMANT - Removed
HEMANT KUMAR
SECTION-E SEM-V
University of Delhi
DAY 1
On the first day of internship, I reached at the chamber at 9.30 am as directed to me. In the
chamber sir was seating and I wished him good morning and he also gave me warm
welcome. After that, sir discussed some norms and procedures of the court and also gave me
brief idea about what we are going to do today. He also assigned me a task of filing two fresh
cases. On that they we were having 1 proceeding before the Tis Hazari court and we also had
to file two new fresh cases. On those cases I assisted sir and also typed the document, ran for
photocopy, stationary shop and also went to Tis Hazari court along with Sir, searched the
filing window in the court and filed the case and also attended a case namely,
DAY 2
Brief facts: The accused took a loan from the complainant of 2,50,000
rupees and at the demand of that loan the accused issued two cheques in
favour of complainant for this amount and on the withdrawl of the both
cheques the complaint came to know that his demand of withdrawl was
cancelled due to insufficient funds in accused’s account. The complainant
also issued several legal notices to the accused. But he did not return
complainant’s money. Thus, this dispute has aroused. Complainant filed
this case under section 138 of Negotiable Instruments Act,
Proceeding Before the Court: The learned judge after recording the
appearance of the both parties and their advocate referred the matter for
mediation. And adjourned matter for the next hearing.
2. State V. Narpal Singh
Court premises : Rohini Court
Presiding Officer Jyoti ,Metropolitan Magistrate
Brief facts: The accused was arrested by the police on 28th September
2021 under section 489 A of IPC 1860. The accused was facing
allegations of the counterfeiting of currency notes of 50 rupees. But there
was no evidences led by the police to booked him under this section.
Proceeding before the court : After examining all the facts and evidences
submitted by the police. The court discharged accused under section 239
of Cr.PC,1973 as the charges against the accused was groundless and no
prima facie case has been made out against him.
DAY 3
I, along with his associate visited Rohini
court to appear for the matter pending
before Rohini Court.
DAY 6
DAY 7
Court of Sh. Rajnish bhatnagar ,session judge ,rohini (delhi)
Case title- Attar singh v. pratap singh
Case type- Criminal Complaint u/s 323, 341, 506, 34 I.P.C.
Description:
We appeared from the side of accused and one complainant witness was examined by the Court.
The witness was calling himself ‘Independent-Eye witness’ of the incident but during the
course of examination, as the Presiding Officer started noting down the statement, witness
started going off-road and stated such things which were against him.
From the side of complainant, Sh. Raman Sardana, Advocate appeared and from the side of
accused, Sh. B.S. Parihar, Advocate appeared.
Some questions were asked which were pertaining to the case but almost all questions were
just to bully over the witness and to put witness into pressure. From the way of questioning,
the case theory on which the final arguments of case were rested, was clearly manifesting from
the questions. Non-leading questions were put to witness which gave room for that witness to
explain the contradictions and on some questions which were highly incriminating in nature,
Judge objected on those questions. Manner of fencing the witness was very bad. Without
completing one question, another question was asked. Very material contradictions to discredit
the version of witness were brought on the record during the examination and in that course,
witness started feeling un-well and the case was adjourned to 28/08/23.
DAY 8
Description:
Criminal Complaint was filed by complainant in which accused were summoned by the Court
and in 2018, accused were convicted and accused filed appeal in Sessions Court. Accused were
discharged u/s 392 IPC. Hence, complainant filed criminal revision against the conviction order
for enhancement of sentence.
Very lengthy arguments were addressed by the counsels from both sides.
The structure of arguments of counsel for appellant was not good. At outsell, he started with
his request to set aside the conviction order because that is bad in eye of law. Thereafter,
counsel directly jumped towards the final submission without narrating the factual matrix of
case. Much reliance was placed on the judgments rather than the factual complexity and the
provision of Law itself.
No sound case theory was put forth by counsel of appellant and during the course of arguments,
the counsel of appellant was swaying from one side of stand to another with holding papers in
his hands.
The counsel of complainant also emphasised on the maintainability of sentence and also
enhancement of sentence. However, not plausible arguments were addressed. The facts were
projected in nice and lucid manner but the law point was not in much favor of complainant.
Resultantly, Judge dismissed the appeal filed against conviction and the revision filed by the
complainant and directed the accused to undergo the sentence already imposed.
DAY 10
Today I visited Saket court along with sir to appear for the matter pending before the court
Court of Sh. Sudarshan kaushak ,Senior civil judge, saket
Case title- Amarjeet singh v. aswinder singh
Case type- Civil Appeal against the decree of Ld. Trial Court.
Description:
Appellant filed a Civil Suit for getting declaration that he is owner of certain piece of land and
the same suit was dismissed by the Ld. Trial Court. then, appeal u/s 96 of C.P.C. was preferred
by the plaintiff.
An application under order 41 rule 27 of C.P.C. was filed by appellant to examine hand-writing
experts. Short arguments were addressed by the counsel D.K. Dhamija regarding the malicious
approach of appellant towards the Court but final arguments could not be addressed and the
case was adjourned
.
DAY 11
Apart from the factual explanation, very stitched arguments were also addressed by the learned
counsel for accused and ultimately, complainant failed to prove the guilt of accused beyond
reasonable doubt.
DAY 13
Suit for recovery of rs. 31,58,000./-. The Plaintiff has filed against the Defendant Bank as the
bank has not given the sale deed of the property mortgaged even after the foreclosure of the
full loan amount. The plaintiff had lodged an FIR against the bank. The Magistrate dismissed
the case as it was based on fraudulent grounds. Then the Plaintiff filed a civil suit against the
defendant bank. But the defendant contentions are that the plaintiff had deliberately not given
the sale deed to the bank after sanctioning of the loan amount. Moreover, the plaintiff had
gifted the said property to the wife.
The case is in cross-examination stage in the court of SHRI LALIT KUMAR, ADJ (S.E)
SAKET COURT, DELHI.
We are appearing on behalf of Defendant Bank.
accused was acquitted from the offence.
DAY 14
Court of Ms. Chander mohan, Civil Judge (Senior Division), rohini court
Case title- O.P. sood v. Rajesh soodh
Case type- Civil Suit for declaration
Description:
Plaintiff filed a suit for getting declaration to effect that sale deed of property is null and void
as plaintiff, son of deceased father, being legal heir of father was not given any share out of
property.
Plaintiff tried to establish that plaintiff was the son of father born out of wedlock of first
marriage of father and later on mother of plaintiff died and father solemnized marriage agin.
The step-mother without treating him as her own son, did not give share out of property of his
father and fraudulantely transferred the property to another person illegally.
.
DAY 16
Case title- Girdhari Lal versus Balaji Motors (American Motor Works).
Case type- Complaint u/s 12 of Consumer Protection Act, 1986
Description:
Case was fixed for arguments of case.
Counsel for complainant tried to establish that there is deficiency in part of O.P. and as
such, complainant is entitled to get compensation. The manner of presenting argument
was pleasant but not well structured. Sometime, he was bringing facts and sometime
the legal position. Even, no time to open the file was given by counsel to President of
Forum. He just vomited what he crammed.
The arguments of counsel of opposite party was also nice but slightly in anger tone. But
the manner of giving emphasizing on the facts and the legal position was very fine and
praise deserving.
DAY 18
Research Question: To understand the scope of “per incuriam” doctrine and how it has
been utilized by common law courts in England and U.S. and how it has beenenunciated
by Supreme court of India by understanding the application of “per incuriam” doctrine?
Researcher today analyzed the doctrine as per the concept appliedby courts in India in
cases like- Philip Jeyasingh v. The Joint Registrar, Rashmi RekhaThatoi & Anr v.s State
of Orissa & Ors, Sibnath Koley And Ors. v. State Of West Bengal And Ors, Official
Liquidator v. Dayanand and Others, where it is concluded that the decisions of the Court
of Appeal upon questions of law must be followed by Divisional Courts and Courts of
first instance, and as a general rule, are binding on theCourt of Appeal until a contrary
determination has been arrived at by the House of Lords.
DAY 19
Continue to do research on the topic “per incuriam”. Since the doctrine emerged from
the English law, the researcher feels to continue it research on the relevant topic to
understand its scope and applicability of English law. The relevant doctrine is
fundamentally similarly applied in India as in the courts by England
DAY 20
Today the Hon’ble court sit to hear the miscellaneous matters, generally related for
direction sand office report, adjourned matters and fresh matters mostly related to delay
in filling SLP or Ex-parte stay or order or seek permission to file additional matters.
DAY 21
Sir asked me to research on a topic which was related to filing of some matter.
Research Question: Whether if the punishment or penalty is altered by law through
amendment & maximum punishment or penalty is unaltered, is it an ex post facto, a law
which is violative of art. 20(1)?
DAY 22
Miscellaneous matters: generally related for directions and office report, adjourned
matter sand fresh matters mostly related to delay in filling SLP or Ex-party stay or order
or seek permission to file additional matters. Around 66 matters are listed today, some
of them which are crucial for the understanding of proceeding in Hon’ble court are as
follows: 1. In a case related to maintenance, women remarried, husband approach under
Art.136 to set aside the maintenance, the court directed the petitioner that to approach
a proper forum, when statutory remedy is provided petitioner should avail the same, as
Sec127(3) Cr.p.c provided the statutory remedy in case the women re-married to
modify or set aside the maintenance, the husband should approach the magistrate
holding the jurisdiction and not by the way of SLP. 2. In a case of cheating, fraud
embezzlement, where crores and crores of rupees are alleged, investigation is not over,
bail cannot be granted.
DAY 23
DAY 24
DAY 25
Today I was present in the courtroom to witness examination in chief of witness, where I
actually learnt how to frame questions for the witness that should be proper and
according to the facts. I also learnt how we should not divert from the fact of proving and
we must know what do we want to establish through the questions framed for
examination in chief.
DAY 26
I along with sir attended a meeting with client, where the client wanted to file a recovery
suit of Rs 5 lakh. I patiently listened to the facts of the case and also noted down
important points. I had some questions in my mind for the client so sir allowed me to
ask that. After around 2 hours, the meeting with client was over and sir asked him to
visit the next day with all the necessary documents.
Since, there was no proceeding to attend in the court, sir asked me to do research on a
topic.
Research Question: Case Laws on S.166 (2) of the Motor Vehicles Act, 1988?
DAY 27
DAY 28
The experience was really thrilling. I got to interact with a lot of people and I
was lucky to learn a lot from the associates. In law school you read the law but
while interning you get to apply it, so overall I got to learn more about law and
its application from my internships.
As per the chamber’s record, my attitude towards the work showed an assured
perseverance and focus and cast a positive impression that I would successfully
accomplish the tasks assigned to me.
PART B
DRAFT NO.1
VERSUS
A.D.S. SPIRITS PVT. LTD. DEFENDANT
RESPECTFULLY SHOWETH:
1. That the aforementioned suit has been filed by the Plaintiff against the
Defendant for an alleged infringement of trade mark, passing off, delivery up,
etc. and the same is listed before this Hon'ble Court on 16.10.2017.
2. That vide order dated 31.05.2017 this Hon'ble Court passed an ex-parte ad-
interim injunction in favour of the Plaintiff and against the Defendant, thereby
restraining the Defendant, their agents, directors, promotees, etc. from using the
mark / logo / label BEST or any other logo which is deceptively similar to the
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3. That the Defendant received summons of this Hon'ble Court via Speed post
4. That as the defense of the Defendant inter alia is also that the trademark BESTO
of the Plaintiff and the ‘Device of Horses’ included in the label of the Plaintiff
Section 144 of the Trade Marks Act, 1999 it was necessary to scan the records
of the Registrar of Trade Marks for the purpose of searching out applicants who
in the liquor trade were commonly using the ‘Device of Horses’ and which was
a gigantic task as the said information is not readily available to the public.
5. That it is only now that the Defendant has been able to retrieve from the
records of the Trade Marks Registry the relevant information which is also
included as a part of the written statement. The delay of 10 days in filing the
said written statement was neither intentional nor deliberate and was solely for
injunction dated 31.05.2017 passed by this Hon'ble Court prevails in favour the
7. It is therefore prayed that the delay of 9 days for filing the written statement
along with the documents and reply to stay application may kindly be condoned
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Any other order (s) as this Hon'ble Court may deem fit and proper in the facts
Prayed accordingly.
THROUGH
THROUGH
(M.K. SINGH)
ADVOCATE
COUNSEL FOR THE DEFENDANT
NEW DELHI
DATED: 19.09.2022
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DRAFT NO. 2
VERSUS
A.D.S. SPIRITS PVT. LTD. DEFENDANT
AFFIDAVIT
I, Yashveer Singh Kadian, S/o Sh. Raj Kumar Kadian, aged about 40 years, Manager
HR & Admin and authorized signatory of the Defendant Company having its registered
office at FF-2, Harmony Apartments, 52/78, Punjabi Bagh (West), New Delhi-110026
1. That I am the Manager HR & Admin and authorized signatory of the Defendant
company and am conversant with the facts and circumstances of the case and duly
2. That the contents of the accompanying application under Section 151 CPC on
behalf of the said Defendant for condonation of delay in filing of written statement
along with the documents has been drafted by my counsel under my instructions and
the same have been read and understood by me and the same are true and correct to my
Verified at New Delhi on this the 19th day of September, 2022 that the contents
of the above affidavit are true and correct and no part of it is false and nothing material