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Internship Report - 2nd Year

The document provides a summary of the author's one month internship at Chandan & Chandan law firm. It includes an introduction to the organization and its areas of practice. It then provides a daily log of the author's activities over the course of a week. These included observing court proceedings, assisting with filing documents, arranging case briefs, and researching case laws. The author gained exposure to various stages of litigation and learned legal terminology and procedures under the guidance of advocates at the firm.

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Megha Patel
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0% found this document useful (0 votes)
2K views37 pages

Internship Report - 2nd Year

The document provides a summary of the author's one month internship at Chandan & Chandan law firm. It includes an introduction to the organization and its areas of practice. It then provides a daily log of the author's activities over the course of a week. These included observing court proceedings, assisting with filing documents, arranging case briefs, and researching case laws. The author gained exposure to various stages of litigation and learned legal terminology and procedures under the guidance of advocates at the firm.

Uploaded by

Megha Patel
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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A Report of Training &

Internship
Under Trial Court

Submitted by: -
MEGHA PATEL
BA.LLB (2ND YEAR)
CONTENTS

 Preface

 Acknowledgment

 Certificate of Internship

 Introduction of Organization

 Daily Report

 Concerned Law Study

 Observation

 Conclusion
PREFACE

As a part of the curriculum for Students, The Bar Council of India has prescribed
minimum of 20 weeks internship for Five Year Course stream during the entire period of
legal studies under NGO, Trial and Appellate Advocates, Judiciary, Legal Regulatory
authorities, Legislatures and Parliament, Other Legal Functionaries, Market Institutions,
Law Firms, Companies, Local Self Government and other such bodies as the University
shall stipulate, where law is practiced either in action or in dispute resolution or in
management.

This project is an outcome of the one month placement Program of Baroda School of
Legal Studies for the students of Third semester. The main constituents of the project are
the report on cases observed at the trial court 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 as I did it during the internship.
ACKNOWLEDGEMENT

I take this opportunity to express my profound gratitude and deep regards to Advocate
Mr. MAYANK CHADAN for his exemplary guidance, monitoring and constant
encouragement throughout the internship. The blessing, help and guidance given by him
time to time shall carry me a long way in the journey of life on which I am about to embark.

I also take this opportunity to express a deep sense of gratitude to the organisation for
their cordial support, valuable information and guidance, which helped me in completing
this task through various stages.

I am obliged to all the senior colleagues and the senior advocates in the office, Ms.
RUPALI PANDIT and everyone else for the valuable information provided by them. I
am grateful for their cooperation during my internship.

I extend my sincere regards to Baroda School of Legal Studies along with Dean Prof.
Dr. Bhavna Mehta, student dean Dr Rajendra Parikh, co-coordinator Dr Archana
Gadekar, for providing constant support.
INTRODUCTION OF THE ORGANIZATION

Chandan & Chandan is a proprietary concern having several Associate Advocates. The
field of specialization is litigation between landlords and tenants as well as licensors and
licensee in Mumbai. They also undertake professional jobs of documentation.

PRACTICE AREA

LITIGATION

 Landlord – Tenant disputes


 Licensor – Licensee disputes

DOCUMENTATION

 Conveyance
 Lease
 Redevelopment of property
 Power of Attorneys
 Wills
 contracts
6TH DECEMBER

Today was my very first day of the internship; I was instructed to report directly at the
court at 10:30am where I met Adv. Chandan and Adv. Rupali at the library, they firstly
explained me how to read the daily board today there were above 25 cases from which 2
were for final argument and 3 for cross examination I and other interns were divided and
sent with different lawyers my fellow intern and I were both under Adv. Chandan himself
and his associate Adv. Rupali ma’am as we were heading towards the court room Adv.
Rupali ma’am guided us and she also gave us a brief introduction to the court and also its
history as the Court of small causes is also the court were Mahatma Gandhi practiced at
initial stage of his life. Adv. Chandan sir had asked us to maintain a book on which we
would note down all the activity we did daily and by the end of the internship we had to
submit the dairy. First thing I observed was that Co-interns where not allowed to wear
blazer and tie in court and if an intern wears it he or she would be considered as practising
lawyer. First we went to court room no. 26 where Adv. Chandan sir had to conduct a final
argument which went on for approximate 2hrs and later the date was given for final
judgment and then I rushed to court room no.6 where sir had a cross examination however
the next date was given as the witness of the defendant wasn’t present. From 2 to 2:45pm
we had a lunch break after which we went to court room no. 8 for a cross examination
where our witness was examined by the defendant here I noted down points of the
examination for my better understanding also noted certain legal terms I heard, after the
examination was over we headed off to another cross examination where we were from
the plaintiff in this matter. This cross examination was on since past 2 years and today
was its last examination so after the examination got over next date was given. By the
time it was over it was 5:30pm which is the closing time of court so now we were asked
to wind up collect all the briefs of each matter and carry them back to the office. Rests of
the matter were either attended by Adv. Chandan’s juniors or date was taken. When we
reached office we were explained which brief is to be kept were and to enter the next date
of the matter after completing all the work assigned we were asked to note all the legal
terms and to note its meaning here we came across words like suit, suit premises,
vakalatnama, decree, rejoinder etc as this terms were new for us so we were couldn’t
understand the term so Adv. Rupali ma’am explained us all the terms, she also suggested
that we should write down the New terms every day which we hear in court and she also
told us that she would be there for us whenever we need her or whenever we have doubt.
She also told us that we should write every section that we hear in court in different
matters. She also suggested me to read Maharashtra rent control act whenever we are free.
As it was our first day we were given basic work and after completing we could leave
however other advocated would stay late at work because after court timings, clients were
given appointment . Other advocates would stay till 9pm at office because they had client
meeting and they had to prepare themselves for next day according to the board .

The format of daily board was that it consisted of serial no, parties name both plantiff and
defendants name and the stage of the case.
7TH DECEMBER

Today we reported at the office at 9.30 pm first we were taught how to make a daily board
and then we took print out of the board. this would now be done daily basis until the time
of internship. As we did not have any important matters in the morning so the matters
were kept back for the afternoon. After making the daily board we were given a set of
files to arrange in this we were instructed by Adv. Rupali ma’am how to arrange all the
documents in brief as they had a specific way to be arranged. After which we were
explained about the procedure of filing the suit, vakalatnama, how proceeding are
conducted and also we were given a brief knowledge about how to file written
statement.So after the lunch break was over we headed to the court with Adv. Rupali
ma’am, we first had to go court no. 3 where ma’am had to file a rejoinder after which we
went to another court room where we had an 8 year old matter in which the defendant’s
lawyer had not appeared past few hearing so the lordship gave the defendant last warning
and said that if the lawyer doesn’t appear on the next hearing the case would be dismissed
in our favor. After this we went to the matters which were kept back in the morning and
next dates were taken. Then went to the third floor in court room no. 4 where an appealed
had to be filled my co intern and I stood and observed everything we both were later asked
to go back to the office and to arrange all the briefs on Rupali ma’am desk as she has
instructed. After doing that we noted down all the dates taken today and entered them on
the brief and the office dairy after finishing this work we could go back home. However
before leaving my co-intern and me both entered our daily work done by us in the dairy
we were asked to maintain.
8TH DECEMBER,

Today we reported office at 9:30 am; we checked the daily board and took out all the
briefs required for today’s matters and the carried them to the court were Adv. Rupali
ma’am was waiting for us at the library first we went to court room no. 16 where a
vakalatnama had to be filed by us this work did not take long, after finishing this my co-
intern and I were sent to library to find case laws related to a matter which was again in
court room no 26 from the AIR Adv. Rupali ma’am had instructed us how to find a case
so we this that accordingly and took a Xerox as were instructed the we both went back to
the court room and gave them to ma’am we were waiting for our serial number to arrive
and had to inform ma’am as soon as its arrival because ma’am had gone to the next court
room for filling a document. As soon as our serial no. Arrived I went to call mam , she
was in adjacent court room. After filing of the documents we had a lunch break after
which we headed to court room no. 10 were we had a cross examination today our witness
was to be cross examined for the first time she a nun of a convent school as our witness
however it being her first time experience she was extremely nervous so Adv. Rupali
ma’am gave her all the instruction as well as asked her to read all the written statements
before the appearance after which she went to the witness box and the examination began
she was extremely nervous due to which she bluffed and also changed certain statements,
however Adv. Rupali ma’am tried best to keep things under contro,l a lot of objection
were also taken as some question framed by the opponent were tricky and the witness
could not answer them this session went for long and later the next date was taken for
further cross examination.

(Please note that 9th of December is a Sunday)


10TH DECEMBER,

Today was a Monday so we reported at the office at 9am and we checked the daily board
had a few matters for appeal and 2 for arguments which were in the afternoon morning
matters were attended by other juniors and associates of Adv. Chandan so we went to
court at 3pm which was after the break, one of the bench was not present so the argument
could not take palace and next date was given so my co-intern and I went to another court
room where Adv. Rupali ma’am as filling a written statement we waited there for work
to get over and followed her up to the library where she us gave work to find case laws
related to Indian Divorce Act 1869, section 10. After making a list of cases with help of
internet and books we submitted a print out of the same to ma’am. However we did not
have further matters so they asked us to take the rest of the day off.

Today we were given brief information about vakalatnama

Content of VP –
1. The date of execution
2. Name of the cases the advocate is appointed for
3. Name of the courts the advocate is appointed for
4. Name of the person authorising the advocates
5. Advocate’s address
6. Signatures of parties
7. Advocate’s signature accepting the VP
11TH DECEMBER,

Today we reported at office at 9:00 am as always we checked the board and gathered all
of briefs and carried them to the court. As we reached we first went to court room no. 15
were we learnt how to file a rejoinder Rupali ma’am gave us all the instruction however
as per the rules interns were not allowed do any filing so we just had to stand there and
make observation and notes for the same after completely understanding the process we
headed to court room no. 27 were Adv. Chandan sir already started an argument on the
behalf of the defendant which went around for 2hr straight observing him we learnt certain
skills which are very important for a good argument and also how one should present him
or herself as a lawyer. As the matters which were in afternoon we looked after by other
associates of Adv. Chandan sir all of us along with sir went back to office where Rupali
ma’am updated sir about which matter is in on which stage and I went back to making the
daily board for tomorrow after which I entered all the details of my day in my daily dairy
however we still had a lot of time left so we again started our case study of The society
of Our lady of glory Vs. Ms Vali Mohammed Haji Ahmed & Co. this case was under
Maharashtra Rent Control Act 1999 Sec. 16 (g) regarding remand back I did a detail study
about the facts and also how the section was applied and how the final argument was done
and made my observation for the same. Case study took a while so after it I went home .

Plaintiff has been permitted to file a rejoinder to the written statement filled by the
defendant, such a rejoinder filled by the Plaintiff is termed as "replication".
12TH DECEMBER,

I reported at regular time day however Adv. Chandan sir called my co-intern and me in
the cabin he said to us that today in the afternoon a new client would be coming a asked
to stay at office during that hours to learn client handling as it’s also a very important
point in a lawyers life he said to us to make notes on how we should speak to client which
is extremely important in a lawyers profession. However after the instructions we went
back to our daily work of taking out the briefs and carrying them to the court we and the
2 matters for cross examination however only one of them took place. Every time I
observed a cross examination I learnt something new on how the opposition would do this
research and also they formed their questions, every lawyer has his own different method
and technique to confuse the opponents witness sometime the witness themselves would
mess and give false or wrong statements which would work in the favor of the opponent
in the later matter. After completing this we went to office for lunch there I found that the
client who was coming in evening is already there, however they had to wait for sometime
because Chanda sir was busy with other client, after sometime Chandan sir told us to bring
the client inside his cabin. The first thing I observed was that sir was polite with the clients,
and secondly sir asked about there backgrounds and then about the facts of the case. I for
my personal understanding noted them down the facts of the which were given by the
clients and also asked Adv. Chandan sir under which section of CPC and Maharashtra
Rent Control case would be filed.
13TH DECEMBER

I was bit early today then my co-intern so Chandan sir gave me task to arrange the briefs.
Then I headed to court with Chandan sir and was waiting for my co-intern in court library
when she reached I informed her informed that today decree was going to be given for
one of our case so we went to court room no. 16 where the judge was doing his preparation
we saw Adv. Rupali ma’am waiting eagerly so we stand there for a while the judgment
was passed and it was in our favor it was a long running case the clients were extremely
happy they congratulated the lawyers however opponent would now file an appeal at the
appellate. By the time everything got over it was already lunch break after having our
lunch we had to go to courts to checks with the serial no. of all the case then inform ma’am
accordingly. We did not have any important case today so Rupali ma’am took next dates
in all the afternoon case after which we all went to office were we made the daily board
and entered it in the office diary and took the print out for the next day later on we kept
all the brief at their place and noted down about our day in the daily diary. We were then
informed by Adv. Rupali ma’am that tomorrow we have to go to city civil court in case
of ongoing matters and also she said that we would do a visit to Bombay High Court
which is right next to the city civil and session’s court which happen to be in the same.
14TH DECEMBER,

Today we reported by 9am at the office as today we had to go city civil court with regards
to a case in which we represented the defendant, city civil court of Mumbai is a special
court for property dispute however court matter was concerned with specific performance,
as we reached we realized that our matter had been kept back due to which we had time
in hand so ma’am decided to gives us a little tour of the court, she showed us the canteen,
the BAR room and also the session’s court which was in the very same building but on a
different floor after done visiting them all we came back to the court room so today the
matter was on the stage of filling a written statements so our witness was present there
and the procedure had started after which Adv. Rupali ma’am gave us a brief explanation
on what is a specific performance and different kind of property despite matters which
are currently under Chandan and Chandan association so we noted down everything for
our better understanding after which Adv Rupali ma’am took us to the Bombay High
Court for a visit and also they had some will related work so we met the person and after
that ma’am took us on a tour of the court where we saw the chambers of few known judges
and we realized how the court rooms were different from the other court the rules they
followed were different over all visiting the high court was completely different
experience it had a completely different atmosphere all together to be a practicing
advocate at high court is a privilege for any individual. After which we went back to the
office where we did our daily job making the daily board for the next day and arranging
the briefs accordingly after finishing the work we left for home.
15TH DECEMBER,

Today being a Saturday there were not many cases and not much workload so Rupali
ma’am took next date for all the cases and after the break we went back to office where
few clients were waiting for Adv. Chandan sir however as he would be not coming today
ma’am attended them we continued with our case study of The society of Our lady of
glory Vs. Ms Vali Mohammed Haji Ahmed & Co. this case was for remand back which
happens in very rare cases and also I have witness one of the cross examination of the
witness of this case the case was filed on bona-fide ground which is Maharashtra Rent
Control Act 1999 section 16 (g) by reading the facts and the cases we understand how
everything as to filed the legal language used and also how the lawyer uses grammar and
language, because a single word not used in the correct manner can change the whole
meaning of the sentence it’s very important for the person drafting to have a good
knowledge of the language and also the person doing its interpretation. After which we
made the daily board for the next day and went home.

(Please note that16th of December is a Sunday)


17TH DECEMBER,

Today we reported at reported at 10am at the office, collected all the case related brief
and carried them to the court library as the holidays were coming soon, a lot of next dates
were to be taken in many cases today Adv Rupali Ma’am gave us a chance to take a date
for a matter, she stood behind guiding us. This was very risky and for the first I took a
date for case these are the basic things as a practicing lawyer should know also I had learnt
some court etiquettes and manners in college during the moot which helped me a lot
throughout the internship period however, today was a hectic day as a lot of matters were
kept before the Christmas holiday so we had to rush from one court to another with all the
brief and required documents. In the lunch break Adv. Rupali ma’am told us the
importance of knowing the clerical work because those are basics for a good presentation
and knowing the clerical work makes one independent in certain way and helps with the
management. After our lunch we went back to the court. There was one matter kept back
in the morning as the witness of the other counsel could not make it on time however, the
witness not turn up even in the afternoon so the next date was given after which we went
back to office and started doing our daily work. Tomorrow we did not have any matters
in the morning so we were instructed to report in the afternoon directly at the court.
18TH DECEMBER,

Today we reported at the office around 10 am to office we were carrying on our work of
arranging the brief according to the requirements for the day that’s when we received call
from ma’am that a clients will be coming to office by 12 for a making a Will and asked
us to stay at the office by at that time however today we were suppose to go the court late
after arranging the document we waited for the client who was little late, by this time Adv
Rupali ma’am had given us stapling of the documents and sticking the stamps as
instructed. After the clients arrived ma’am called us in the cabin and instructed us to make
notes of the process the very first thing was there should be at least 2 individual witnesses
present and their signature would be required after the person signs on approval off his
Will. The Will is supposed to be drafted as per the client’s instruction where the client
has to give account of all his belonging and property which would further be divided
among the successors. The testator (male) or the testatrix (if female) ha to produce a
doctors certificate stating that individual is completely fit and is a sane state of mind, here
it is important for the testator to be physically fit and also the person has to give a
statement that he or she is making this Will with their own wish and is not pressurized by
any one. The format of the Will is on the Advocate and however the statements regarding
health are to in a very precise manner. After understanding the process, at around 3pm we
went to court to note the stages of matters. After which ma’am instructed us to wind up
all the paper work and leave for home. Some basic contents of the will are – the opening
clause, the revocation clause and the funeral instructions
19TH DECEMBER,

Today we had 2 matters of an important client one of which was for cross examination of
our client and the other was for filing. Today our client was supposed to be examined in
matter which we were the defendant party, with every cross examination I observe
different skills and methods of the lawyers so I noted my observation for further
understand. With this I also note down certain doubts and questions then ask Adv. Rupali
ma’am about the same whenever she is free. During the time of examination the client
was extremely alert and was very specific and precise with his statement the other lawyer
tired his best to confuse the client and also to scare him by speaking in a loud dominating
voice, very few objections were taken throughout however the session ended and next
date was taken for further cross examination this date were taken on interval of 2 months.
After this we went for lunch break, we did not have much matter after the lunch which
were attended by other associates so with all the brief we headed back to the office
arranged them according to the next dates and also noted and entered the stage of the case
on the briefs and the daily dairy after which we continued with the stapling work which
finished by the afternoon. We still had time left so we decided to start with a new case
study of Mr. Zakir Nanabhai Ghandi Vs Deuram bakrang Rajdea & (Anr) after which we
left for home.
20TH DECEMBER,

Today, the day started busy with many cases on board as only do working days were left
before the Christmas holiday has the court would remain close and on vacation from 24th
December to 31st December and will resume from 1st of January 2019, hence a lot of
matters were kept for by few Hon’ble Judges because after the vacation shuffling would
take place. We started with court room no 16 were I was instructed to wait and inform our
seniors when the serial number is called out however Adv Rupali Ma’am could not make
it up so the matter was kept back in the afternoon. Later I went to another court room
where Adv. Chandan Sir gave me certain documents and bare act to take Xerox off and
then keep them in the library and then carry a brief required to ma’am urgently from the
library. After I reached to the court room where ma’am was waiting already after which
she instructed me to bring a Xerox document from another lawyer who had submitted a
certain documents to the court as soon as collected the documents from the lawyer I went
back to ma’am where she instructed me to keep them in a file and then go for the lunch
break. After the lunch break with ma’am we attended all the remaining matters that were
kept back in morning, however next dates were taken in some matters and only two Rupali
ma’am attended one each which a amendment was filed and in other where the reply for
an argument had to be filed. After which we carried all the briefs to the office and left for
home.
21ST DECEMBER,

Today I reported very early to the office to check the daily board and inform ma’am about
the stages and timings of the matters, after which I collected the brief required for the
matters today and headed to the court. I had to wait on 2 floor where trail cases take place
and informed the Hon’ble court regarding the presence of ma’am, today after lunch we
witness a decree in our favor I had attended the finally argument for the same which was
the matter of Mr. Govind Jagannath kamat V. Ms. Dolly Juda Alias & Ors after which I
had to get to office for putting some documents at its place and the make the daily board
for tomorrow and inform ma’am regarding the matters and its stage and note it down also
I had to prepare a draft as ma’am has instructed. After preparing the draft I carried on with
my case study and entering my daily report in my dairy.
22ND DECEMBER,

Today was the last working the of the court and office however as it was the last working
day ma’am had only 4 matter form which 1 bench was seating and in other next dates
were taken so after the lunch break we went back to office were ma’am instructed the
staff regarding the office holidays and what work was to done as soon as the office reopen
on 1st of January of the new year. After completing certain drafting and getting it checked
from ma’am I went on to do my case study and making observation for the same. Today
we didn’t have much work so we went home early.

(Please note 23rd to 31st court and office would remain close on accounts of Christmas
and New Year)
1ST JANUARY,

I reported at 9:30 am at the office, being first day after the vacation we did not have much
work in the court today so we stayed back at the office as instructed by ma’am and made
the daily board for next three days. Ma’am told me to make an amendment according to
instructions and take copies of it and attached to the brief. After the lunch break we went
back to arranging the documents. After which I got a chance to talk with a senior associate
lawyer regarding practicing law as an occupation he shared is experiences and views and
asked me about future plans and what case studies I have done so far. With all the
knowledge I acquired over the conversation would help me throughout my career, it was
pleasing an experience. However later I went back to making the amendment draft and
then as it was over, I submitted it to the ma’am and she asked to make brief report
regarding a new case and write down the facts of the same. I finished my work assigned
and submitted before I left home.
2ND JANUARY,

I reported at 9:30 to the office where I had to collect the briefs for the day and carry them
to court, I went directly to the library as soon as I reached library where ma’am was
waiting for me she instructed me to go back to office and search certain citations regarding
a matter and get back to her as soon as I could. Searching citation could be a difficult job
however I noted down as much a as I could and got back to her before the break. We had
an amendment application filing after the break so as soon as the break got over ma’am
and I went to the court room and the submitted the application. After which we went
another court room were an argument was happening and our matter was kept back so I
waited there and observed both the advocate and the parties during the process, ever
advocate has different way of his own from which we can learn a lot on a personal as well
as professional level. As our matter was going to be called out informed Adv. Rupali
ma’am regarding the it however she was not able to make it we were given a next date
which I conveyed to ma’am. Later on I went back to office I had to put stamps on the
given documents and the put the files and the briefs back to the place, after which I
continued with my case study.
3rd JANUARY

I reported at office at 10 m today and then went court with Adv. Mayank sir where he
thought me about filling a fresh suit; we went to the filling department for filling a suit in
the natter where the landlord had filled the suit against the tenant for not paying the rent
for 6 month, he explained me how to arrange the papers and which court fees need to be
the put up and then lodge them with the lodging clerk who asked us to come after four
days and gave us the lodging number for removing objection. After which I went back to
the library and waited there for ma’am who them explain me how to draft an MOU
(Memorandum Of Understanding) and asked me to read MOU which was already formed
by rupali mam and was kept in office , so I went back to office to read the MOU. Rupali
mam also told me that she would ask me at end what I understood by reading MOU.

Basics of MOU :-

In preparation for the creation of an MOU, it will be necessary to ascertain in detail with
specific references the parties involved in the agreement, including addresses and points
of contact (POCs). The participating parties who should be considered as integral in the
development of the document could include:

1) Operations personnel

2) Managers

3) Legal experts

4) Technical staff members

5) Vendors
4TH JANUARY,

I reached office by 9:30 am and started making the daily board, later I went to court with
Adv. Mayank sir he had two arguments today one on RAN application for fixation of
stander rent which is revenue anticipation note and other argument in appeal suit was
decreed and the eviction order was passed against the tenant, the tenant has challenged
and referred appeal where we are form tenant side. After which I was sent back to the
office for doing certain changes in the given documents I then took the print out and gave
them to Adv. Mayank sir he then went on to another case which was for filling a written
statement given by the client. After the break we had few matters however next dates
where taken in some of them and in other opposition were suppose to do the argument.
Observing the arguments I made my own notes for myself on how the other person is
replying to our argument and their way for arguing. The argument went on for around 1
hour however the next date was give by the Hon’ble court as it was the time for the time
for the court to close. I went back to office and made the daily board for tomorrow and
later went home.
5TH JANUARY

I reported at office at 9am I had to go to Bandar office with Adv. Mayank sir, where I
attended a matter in family court where the petitioner had filed a petition for maintenance
of her and her 2 children however attending the matter we headed back to the Bombay
Small Cause Court and along with sir I visited the registrar where sir presented application
for retain of original document that the parties has filled during his trial. After which I
went back to office to complete my case studies and submitted the briefs to the office
clerk. I then made the daily board for Monday and arranged the documents in filed the
documents into files as instructed by the Adv. Rupali ma’am. It was already late so ma’am
asked me to leave.

(Please note:-6th January was Sunday)


7TH JANUARY

Today was my last day at the office so I was not given any work today, Adv. Chandan sir
gave some advice and tips on how to be a good lawyer and I thanked him and Adv. Rupali
ma’am for their guidance and help throughout and thanked other staff for all the help. I
then submitted them the report I made of my daily activity and all that I have learn over
all it was a great experience working under them as an intern. I was then given my
internship certificate.
Concerned Laws Relating To the Study Done
1) CPC (CIVIL PROCEDURE CODE)

SECTION:-7

Provincial Small Cause Courts.- The following provisions shall not extend to Courts
constituted under the Provincial Small e Courts Act, 1887 (9 of 1887), or under the Berar
Small Cause Courts Law, 1905, or to Courts exercising the jurisdiction of a Court of Small
Causes under the said Act or Law, or to Courts in any part of India to which the said Act
does not extend exercising a corresponding diction, that is to say,—

A. so much of he body of the Code as relates to—

i. suits excepted from the cognizance of a Court of Small Causes;


ii. the execution of decrees in such suits;
iii. the execution of decrees against immovable property

SECTION:-9

The Courts shall (subject to the provisions herein contained) have jurisdiction to try all
suits of a civil nature excepting suits of which their cognizance is either expressly or
impliedly barred.

Explanation I: A suit in which the right to property or to an office is contested is a suit of


a civil nature, notwithstanding that such right may depend entirely on the decision of
questions as to religious rites or ceremonies.

Explanation II: For the purposes of this section, it is immaterial whether or not any fees
are attached to the office referred to in Explanation I or whether or not such office is
attached to a particular place.
ORDER 7 RULE 11 (WITH AMENDMENT OF HIGH COURT)

Order 7 Rule 11 of CPC, discusses Rejection of Plaint. CPC, 1907 contains a provision
in Order 7 Rule 11 of the code that whenever a plaint is filed in any civil court for any
claim/compensation to be recovered from the opposite party it can be rejected by fulfilling
the following conditions mentioned below.

a) Where it does not disclose a cause of action


b) Where the relief claimed is undervalued, and the plaintiff, on being required by
the Court to correct the valuation within a time to be fixed by the Court, fails to
do so;
c) Where the relief claimed is properly valued, but the plaint is returned upon paper
insufficiently stamped, and the plaintiff, on being required by the Court to supply
the requisite stamp-paper within a time to be fixed by the Court, fails to do so
d) Where the suit appears from the statement in the plaint to be barred by any law.
e) Where it is not filed in duplicate
f) Where the plaintiff fails to comply with provisions of rule 9.
2) MAHARASHTRA RENT CONTROL ACT 1999

SECTION:-16

When landlord may recover possession.


1) Notwithstanding anything contained in this Act but subject to the provisions of
section 25, a landlord shall be entitled to recover possession of any premises if the
court is satisfied-
a) that the tenant has committed any act contrary to the provisions of
clause (o) of section 108 of the Transfer of Property Act, 1882

Explanation.- For the purposes of this clause, replacing of tiles or closing of balcony of
the premises shall not be regarded as an act of a causing damage to the building or
destructive or permanently injurious thereto; or

b) that the tenant has, without the landlord's consent given in writing, erected on the
premises any permanent structure;
Explanation.- For the purposes of this clause, the expression "permanent structure" does
not include the carrying out of any work with the permission, wherever necessary, of the
municipal authority, for providing a wooden partition, standing cooking platform in
kitchen, door, lattice work or opening of a window necessary for ventilation, a false
ceiling, installation of air-conditioner, an exhaust outlet or a smoke chimney.
SECTION:-17

Recovery of possession for repairs and re-entry

1) The court shall, when passing a decree on the ground specified in clause (h) of
subsection(1) of section 16, ascertain from the tenant whether he elects to be placed in
occupation of the premises or part thereof from which he is to be evicted and if the tenant
so elects, shall record the fact of the election, in the decree and specify in the decree the
date on or before which he shall deliver possession so as to enable the landlord to
commence the work of repairs.

2) If the tenant delivers possession on or before the date specified in the decree, the
landlord shall, two months before the date on which the work of repairs is likely to be
completed, give notice to the tenant of the date on which the said work shall be
completed. Within thirty days from the date of receipt of such notice the tenant shall
intimate to the landlord his acceptance of the accommodation offered and deposit with
the landlord rent for one month. If the tenant gives such intimation and makes the
deposit, the landlord shall, on completion of the work of repairs, place the tenant in
occupation of the premises or part thereof on the terms and conditions existing on the
date of the passing of the decree for eviction. If the tenant fails to give such intimation
and to make the deposit, the tenant's right to occupy the premises shall terminate.

3) If, after the tenant has delivered possession on or before the date specified in the
decree, the landlord fails to commence the work of repairs within one month of the
specified date or fails to complete the work within a reasonable time or having
completedthe work fails to place the tenant in occupation of the premises in accordance
with subsection(2) the court may, on the application of the tenant made within one year
of thespecified date, order the landlord to place him in occupation of the premises or part.
thereof on the terms and conditions existing on the date of passing of the decree for
eviction and on such order being made, the landlord and any person who may be in
occupation shall give vacant possession to the tenant of the premises or part thereof.
4) Any landlord who, when the tenant has vacated by the date specified in the decree,
without reasonable excuse fails to commence the work of repairs and any landlord or
other person in occupation of the premises who fails to comply with the order made by
the court under sub-section (3), shall, on conviction, be punishable with imprisonment
fora term which may extend to three months or with fine which may extend to one
thousandrupees or with both.
SECTION:-19

Recovery of possession for demolishing building.


(1) Where a decree for eviction has been passed by the court on the ground specified
in clause (i) or (j) of sub-section (1) of section 16, and the work of demolishing the
premises has not been commenced by the landlord within the period specified in sub-
clause (iv) of clause (d) of sub-section (6) of the said section, the tenant may give the
landlord a notice of his intention to occupy the premises from which he has been evicted
and if the landlord does not forthwith deliver to him the vacant possession of the premises
on the same terms and conditions on which he occupied them immediately before the
eviction ,the tenant may make an application to the court within six weeks from the date
on which he delivered vacant possession of the premises to the landlord.

(2) If the court is satisfied that the landlord has not substantially commenced the work
of demolishing the premises within the period of one month in accordance with his
undertaking, the court shall order the landlord to deliver to the tenant vacant possession
of the premises on the terms and conditions on which he occupied them immediately
before the eviction. On such order being made, the landlord shall forthwith deliver vacant
possession of the premises to the tenant. Such order shall be deemed to be an order within
the meaning of clause (14) of section 2 of the Code of Civil Procedure, 1908.

(3) Any landlord who recovers possession on the ground specified in clause (i) or (j)
of sub-section (1) of section 16 and fails to carry out any undertaking referred to in sub
clause(i), (ii), (iii), (iv) or (v) of clause (d) of sub-section (6) of the said section without
any reasonable excuse or fails to comply with the order of the court under sub-section
(1)shall, without prejudice to his liability in execution to the order under sub-section (2),
on conviction. be punishable with imprisonment for a term which may extend to thirty
days or with fine which may extend to five thousand rupees or with both.
3) INDAIN DIVORCE ACT

SECTION 10:-

10 Grounds for dissolution of marriage.

(1) Any marriage solemnized, whether before or after the commencement* of the
Indian Divorce (Amendment) Act, 2001, may, on a petition presented to the District Court
either by the husband or the wife, be dissolved on the ground that since the solemnization
of the marriage, the respondent:-

(i) has committed adultery; or

(ii) has ceased to be Christian by conversion to another religion; or

(iii) has been incurably of unsound mind for a continuous period of not less than two
years immediately preceding the presentation of the petition; or

(iv) has, for a period of not less than two years immediately preceding the presentation
of the petition, been suffering from a virulent and incurable form of leprosy; or

(v) has, for a period of not less than two years immediately preceding the presentation
of the petition, been suffering from venereal disease in a communicable form; or

(vi) has not been heard of as being alive for a period of seven years or more by those
persons who would naturally have heard of the respondent if the respondent had
been alive; or

(vii) has wilfully refused to consummate the marriage and the marriage has not
therefore been consummated; or

(viii) has failed to comply with a decree for restitution of conjugal rights for a period of
two years or upwards after the passing of the decree against the respondent; or

(ix) has deserted the petitioner for at least two years immediately preceding the
presentation of the petition; or

(x) has treated the petitioner with such cruelty as to cause a reasonable apprehension
in the mind of the petitioner that it would be harmful or injurious for the petitioner
to live with the respondent.
(2) A wife may also present a petition for the dissolution of her marriage on the
ground that the husband has, since the solemnization of the marriage, been guilty of rape,
sodomy or bestiality.
SECTION 22:-

22 Bar to decree for divorce a mensa et toro; but judicial separation obtainable by husband
or wife. No decree shall hereafter be made for a divorce a mensa et toro, but the husband
or wife may obtain a decree of judicial separation, on the ground of adultery, or cruelty,
or desertion for two years or upwards, and such decree shall have the effect of a divorce
a mensa et toro under the existing law, and such other legal effect as hereinafter mentioned.
CONCLUSION

The one month spent in the office was extremely educational and fun filled. The work
environment was very good. I was always eager to learn the art of mooting and drafting
and the lawyers bench is the best place. The associates at the firm were very helpful and
forthcoming.

I loved the way sir drafted the cases and analysed every fact. He was very hard working
and inspired each one of us. He gave us the opportunity to speak with the eminent
advocates.

He made sure we understood every step of the process and taught us the minutest of details.
He made us all feel welcomed when he spoke about his life in college and early work
days. It was a beautiful experience and I would definitely look forward to more of it.

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