A PROJECT REPORT ON SUMMER INTERNSHIP TRAINING COURT FOR THE ACADEMIC YEAR (2014-15).
TABLE OF CONTENTS Sr. No Subject Page No 1 Preface 3 2 Acknowledgement 4 3 Certificate 5 4 List of abbreviations 6 5 Brief about Courts visited 7 6 Brief reporting of the cases attended & observed during the Training 8 7 Experience during the Training 9
PREFACE This report is an outcome of the eight weeks summer internship Programme of Amity Law School for the students of First Year. The main constituents of the report are on cases observed at the trial courts during the internship, the research on related issues and the weekly report of my work. I have tried my best to do justice with my activities and put it in black and white with the same effort. Date: Name & Signature of Intern
ACKNOWLEDGMENT I would first of all like to thank Mr. Rajender Verma Advocate under whose guidance I have entered the practical world of the legal profession. He has been a guide, a mentor and has taught me all that I know about the practical aspects of civil law today. I am also grateful to Mr. Sanjay Sharma Advocate (Junior Advocate) during my internship. Also, I am thankful to Mr. Bineesh Kumar for making this internship both educational enlightening and enjoyable at the same time. And lastly, I would like to thank my parents, Mr. Vijay Tuteja for facilitating my internship under Mr. Rajender Verma Advocate.
LIST OF ABBREVIATIONS IN CASE OF TRIAL COURT PLA Permanent Lok Adalat Sec. Sections CPC Civil Procedure Code, 1908 S.C Supreme Court No. Number u/s under section DCDRF District Consumer Dispute Redressal Forum IPC Indian Penal Code CJM Chief Judicial Magistrate SDO Sub Divisional Officer WC Workmen Compensation
BRIEF ABOUT COURTS VISITED Before the internship my knowledge about Trial Court was minimal and when it comes to related procedures, I knew nothing at all. Now that my 8-week internship is over, I feel I have really learned a lot. Before Internship I think that the there is only one court only which is District Court. But actually the there is complex hierarchy of court in the District Courts. For consumer cases there is separate court which is known as District Consumer Dispute Redressal Forum (DCDRF), for services cases like banking, transport etc, there is Permanent Lok Adalat, for criminal matters there is Magistrate Courts and Session Courts, for civil and all other disputes relating there is District Court. Despite the District and Session Judge there is Additional District and session judges according to the workload of the court. I have done my internship under the civil lawyer from that I visited mainly in Consumer Court, Permanant Lok Adalat and District Court. On the first day of the internship, I was asked to report to office at 8 am. After waiting for about two hours, a junior briefed me about the dos and don t s of the internship. I was told that during the course of the internship, I would be required to report to the court, in which the matter for the day would be scheduled, after which, we would have to report to the office and read up on the matters scheduled to take place on future dates. However, very few of the duties communicated to us, actually materialized during the internship as sir does not appreciate interns having access to the briefs, reading of which, by the way, was our last resort in order to find something constructive to do at the internship. It followed second day onwards involved the reaching the court as scheduled, and attending the court room proceedings. Post which, at times, I was asked to get true copies of the order passed previously, and bring it to office. The junior advocates were usually free for the day after 4-5pm. At the end of the first week, I was asked not to come to office at all and to leave for the day after a particular matter was over. Therefore, the main tasks at the internship involved reaching the court for a particular matter, and leave after it was done. I was not allowed any access to the briefs of the cases and therefore had no idea as to the facts or the contentions of the case when it came up for hearing. There is very limited interaction between me and my advocate and I was unable to talk with Sir throughout my internship due to his extremely busy schedule. If anything, this internship would help me comprehend a little of the courtroom proceedings and formalities. If lucky, I might get to witness Sir argue a case, most of which are quite high-profile. One thing that I really did enjoy during the internship was the company of Junior Advocates. They had come from outside my Hometown and together, we would usually go after office or order Chinese food from a nearby restaurant.
Brief reporting of the cases attended & observed during the internship This was the summary of the some of the cases of the Trial Court in which decision held that:- Court Case Issue Decision PLA CJM K.M.Rajni v. State Bank of India Omparkash v. Vijay Electronics In The Neeta Agarwal v. State of Court of Haryana Justice R.k. Bhankar PLA Haryana Gramin Bank v. Anupam Related to the non deposit of instalments of loan taken by the applicant. Related to dishonour of cheque s. 138 of Negotiable Instrument Act. Whether the accused has committed crime under sec. 406 IPC. Related to the non deposit of loan instalment comes u/ s. 22 (c) Legal Services Authorities Act, 2002. DCDRF Rajender v. Raghu Hyundai Complain file under s. 11, 12 of Consumer Protection Act, 1986 for the insurance charges. SDO Haryana Gramin Bank v. Rakesh SDO Punjab National Bank v. Ramchander Related to non deposit of loan instalment u/s 8(1) Haryana Agricultural Credit Operation Act. Related to non deposit of Bank Loan The case will be decided on 20-05- 2014 The case is on for the written statement on 3-08-2014. Court Heard the matter about that and some delay on various legal issues. Ex parte evidence in the Court The Case is for appearance of the Respondent on 11-06- 2014 Court Summoned to Respondent Party Court held that Ramchander pay bank loan with interest. DCDRF Ramphal v. Cholamandlam Related to the Insurance Claim Court Decided Case for Argument on 1-07- 2014 DCDRF Rankishan v. Mahindra & Mahindra Related to finance of vehicle Court placed it for the written arguments on 6-07-2014 Apart from that cases I learned about the how to file a case, how to draft the plaint, written statement, affidavit, written arguments, Courts Applications etc. and also what documents are require when we are filing a case in the Court. Firstly the plaint comes after that documents related to them attached with it and VAKALATNAMA and TALVANA is required in the court.
PERSONAL EXPERIENCE Now that my 8-week internship is over, I feel I have really learned a lot. First of all, I became more familiar with the advocate. Secondly, I got acquainted with functions and responsibilities of the advocate and, of course, got highly involved in the daily life of our Division. I didn t just learn to do my daily tasks, but also learn about drafting, as well as its weaknesses and the need for improvement. On the other hand, I can t say that this internship was challenging and I had to put a lot of hard work. A few weeks after the beginning I started hoping for a wider variety of assignments to keep myself busy and motivated. What is more, I felt like my work did not matter that much and I could have put my potential to a better use, but that s just probably a matter of my ambitions. Despite the fact that this internship didn t keep me as much interested as I wished, I admit that there still is quite a lot to learn, for example, I would like to know more about the proceedings, what exactly renders them,drafting, as well as more about the arguments preparations. Another thing of great value would be to get more familiar with arranging the documents. First of all, I d to get involved in the work of Consumer Court cases issues. Secondly, of Permanent Lok Adalat cases in which I learn about the conciliation cases of services. I think being a part of such group of people would be a unique and promising experience. In review this internship has been an excellent and rewarding experience. I have been able to meet and network with so many advocates and people that I am sure will able to help me with opportunities in the future. One main thing I have learned through this internship is time management skills as well as self motivation. When I started did not think that I was able to going sit in an office for eight hours a day. Once I realized that what I had to do I organized my day and work so that I was not overlapping or wasting my time. I will continue to work hard and learn about the advocacy skills. I sincerely thanks to Amity Law School for giving me such a precious opportunity to discovering my talent and making me better at it. Biggest Lessons Law is a jealous mistress!