Institute of Law, Nirma University

Report of Internship Training

with Trial court

as a part of Clinical Training

for Academic Year (2016-2017)

Prepared and submitted by:-

Praful Dwivedi
15bal084
B.A.L.L.B, IInd semester

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 Table of contents

S.R NO. SUBJECT PAGE NO.

1 Preface 3

2 Acknowledgement 4

3 Certificate 5

4 List of abbreviation’s 6

5 Brief about courts visited 7-8

6 Brief about cases seen 9-11

7 Leanings 12-14

8 experience 15-16

9 APPENDIX 17-26

i) WEEKLY
REPORTS

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 Preface

This project is an outcome of the four weeks placement Program me of Institute

of law, Nirma University for the students of second 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 the research
conducted during the working period of my internship.

Date : name and signature of trainee

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Acknowledgement

The four weeks trail court internship was a great chance of learning and
developing professional skills. I want to thank the Institute of Law, Nirma
University for giving me opportunity to acquaint with the working and procedure
of Trial court at the first instance, to do the necessary research work and to
increase accessibility to the practical aspect of gaining knowledge.

I take this opportunity to express my deepest gratitude and special thanks to Mr.
Santosh Pandey (Advocate, District and Session Court ,Rewa ) who in spite of
being extraordinarily busy with his duties, took time out to hear, guide and keep
me on the correct path and allowing me to carry out my internship from his
chambers.

It is also my radiant sentiment to place on record my best regards, deepest sense

of gratitude to Mr. Shambhu Nath Shukla (senior advocate, district court ,rewa )
for his careful and precious guidance which were extremely valuable for my study
both theoretically and practically.

I perceive as this opportunity as a big milestone in my career development. I will

strive to use gained skills and knowledge in the best possible way, and I will
continue to work on their improvement, in order to attain desired career
objectives. Hope to continue cooperation with all of you in the future.

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Certificate

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 List of abbreviations

N.I.A Negotiable Instrument Act

I.P.C Indian Penal Code

C.P.C Code Of Civil Procedure

C.R.P.C Code of Criminal procedure

C.O.I Constitution Of India

C.J.M Chief Judicial Magistrate

i.e. That is

Hon’ble Honorable

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 Brief about courts visited

District courts are judicial bodies administering justice at various districts of India.
These courts are under the control of High Court of the respective state. The
decision of District court is subject to the appellate jurisdiction of the High court
of concerned state.

I had done my internship from District and Session court rewa, situated 3 kms
away from rewa city. It is the principal court of original civil jurisdiction in rewa
and has authority to deal with civil matters under code of civil procedure. Madhya
Pradesh, Jabalpur. The district court is also the court of sessions when it exercises
it’s jurisdiction on criminal matters under code of criminal procedure. Decisions of
district court, rewa are subject to appellate jurisdiction of the High Court of
Madhya Pradesh, Jabalpur. I had also visited consumer court; rewa which deals
with the cases up to 20lakh rupees, three judge bench decides over the matter .It
punishes the fraudulent traders and shopkeepers who use ill practices against
consumers.

District court, rewa is presided over by judge Mr. Sudhir Singh(district judge
,rewa) appointed by government of M.P. Along with the district judge there four
additional judges w ho watch out for the cases of civil and criminal nature. Each
additional judge has its own area of concern and has power equivalent of district
judge. Being the highest judge at district level,Mr. Sudhir Singh Also enjoys the
power to manage the state funds allocated for the development of judiciary in the
district.

The district and session judge is referred to as district judge when he presides
over civil matters and sessions judge when presides over criminal matters. Along
with it there is chief judicial magistrate Mr. Harish Naniwal along with four other
additional magistrates’s equipped with power same as chief judicial magistrate.

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A district judge has the power of giving death sentence to offender upon the
confirmation of Jabalpur High Court, whereas chief judicial magistrate has the
power to deals with the cases which are punishable with imprisonment for a term
up to seven years .

Appointment of district judge and other Additional and Assistant district judges of
rewa, is done by the government of M.P in consultation with the High court of
Jabalpur. A minimum of seven years of practice as a lawyer at bar is a necessary
qualification. Direct recruitment is also done upon a written examination and an
oral interview by a committee of High court judges, the appointment of district
judges is notified by the state Government. District judges are also appointed by
way of elevation of judges from courts subordinate to district courts provided
they fulfill the minimum years of service.

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 Brief of cases seen

I cases involving hurt and grievous hurt.

I) State of M.P Vs. Prakash Tiwari and others. Where appellants and
respondents got involved in a conflict over trivial issue of irrigation on
the land and defendant struck a wooden rod on plaintiff’s body, as a
result plaintiff’s left hand got fractured. Court punished the defendants
according to section 323,324/34 of I.P.C which prescribe punishment in
case of grievous hurt.

II) State of M.P Vs. Shukhlal and others , in which court struck down the
plaint of appellants on the ground of section 324 of I.P.C and proceeded
with section 323/34 of I.P.C as the hurt was not of grievous nature and
defendants had caused voluntarily hurt to plaintiff. However court had
punished defendants with the fine of one thousand rupees.

III) Rameshwar tiwari Vs. state of M.P, where defendants wanted to

construct road on plaintiff’s land without the permission of plaintiff and
they had caused hurt to plaintiff.

Cases under Negotiable Instrument Act ,1881

i) Rajkumar Shukla Vs. Subodh Agnihotri , where defendant’s cheque was

dishonored because of insufficiency of funds on the account and mismatch
with specimen’s signature ,petitioners filed a plaint under section 138 of
N.I Act but court rejected plaintiff’s plea as section 138 only covers the
dishonor of cheque on the ground of insufficiency of funds, it does not
include ground of mismatch with specimen’s signature.

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ii) Satish Kumar Mishra Vs. Nanakram Kakwani, cheque was bounced due to
insufficiency of funds and signature was not matched with the original
signature. Court rejected the plea of appellants

Case involving motor vehicle accident

i) Pramod Ku. Shukla Vs. State of M.P , where petitioner’s motor cycle,
license and vehicle papers was kept in custody by the police authorities

as he caused grievous hurt to defendants as described under section 279,337,338

of I.P.C. But Court didn’t found him guilty so he demanded back his motor cycle
from police officials.

Case involving Consumer Protection Act 1986.

i) Ajay Singh Vs. Nanak Babu in which plaintiff brought a motor pump
from defendants and was given warranty of 1 year on it. Pump incurred
some error within a month and according to rules of warranty
defendants had repaired that motor pump but plaintiff stood
demanding a new pump in place of old one, which is against the
warranty rules .Negated by the defendants on replacing the pump
plaintiff approached Consumer Forum, Rewa and filed an appeal under
section 12 and 13of C.P ACT ,1986, where forum advised defendants to
replace the motor pump.

Case of Domestic violence act

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i) Neetu Patel Vs. Dr. Ranjeet Singh where appellant demanded divorce
from respondent as she was getting quipped for less dowry in her in-
laws home and also defendant used to beat her ,due to which she
suffered injury in her ear .appellant also demanded maintainability of
Rs. 5000 a month from respondent under section 125(a) of Hindu
marriage act . but district court refused to her maintainability claim as
she had not given reasonable grounds for leaving her home and also
statements of eyewitness from plaintiffs side was found contradictory
by the respondents counsel .

Case relating to M.P LAND REVENUE CODE 1959.

Vihwanath Vs. Rajaram and others where petitioner and respondents have
equal shares in their father’s property and sons of the petitioner wanted to tag
their name in the property but tehsildar and S.D.O refused to do so due to
error in property papers but additional commissioner set their orders
aside.Aggrived by this defendants approached land revenue board ,rewa.

Case under specific Relief act ,1963

Ashish Singh &Co. Vs. Ajay Singh, where plaintiff had rented his shop to
defendants at Rs. 7000 per month but defendants hasn’t paid the amount
since years as a result they have to pay Rs. 100050 to plaintiff but defendants
refused to do so ,aggrieved by this plaintiff file a complaint against
defendants .

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 Leanings and work done at trial court
The trail court internship greatly helped me improving my professional skills.
Apart from theoretical, I gained professional knowledge too. Bearing in mind
the picture of courts in movies, when I visited court at first instance , I found
totally different environment there. Advocates were arguing in front of the
judge and at the back men were distributing files to the lawyers but with the
passage of time it all went normal to me.

During my internship, I read the cases and attended the proceeding of the
cases. Before attending the proceedings of any case I used to read the case
thoroughly and take a note of all the laws involved in it , so that I can connect
with the arguments made by either lawyers in support of their contentions
and the principal on which the case was being argued. I found that logical
arguments and clarifications of facts and laws are the essentials of grabbing
any case; moreover the presentation style and language used can’t be
overlooked. Further, eyewitness testimony definitely plays an important role
in winning of a case.

I had drafted two notices, one ,for the seller to repair goods within fifteen
days ,other, demanding return of Rs. 5000 from the offender within 10 days
and this has introduced me with the basics of drafting a notice like the
language to be used, time interval to be given etc. Eyewitness testimony by
the lawyers brought me the process involved in eyewitness testimony and way
of preparing questions for revealing all the relevant information from the
witness.

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 During my internship I go the opportunity to meet judge of district court
Mr.Sudhir Singh who taught me several layering skills and also shared his story
of starting as a lawyer and ending up with the judge and the hardships faced
during that interval.

Filing of R.T.I over government related assets polished my knowledge about

the process of filing R.T.I and several sections relating to it. I also visited
District Consumer Forum, rewa where I got aware about the fraudulent
practices of the sellers against consumers. It also introduced me with the
process of filing any complaint in any consumer forum.

This internship also made me aware about the powers division among district
court. It is divided into.

i) District court that can give death penalty upon the confirmation from
High Court of the state.
ii) Upper court that has the same power asa that of district court.
iii) Behavior Court that can give punishment of imprisonment upto 7 years.

Further, I eagerly asked a lot of questions from my boss about the procedures,
laws, cases etc. and he very keenly clarified all the queries of mine and ensured I
never left without understanding the queries. I also learned about the procedure
of filing a petition. Visit to commissioner’s office made me aware about different
type of injunctions. Process of granting or abolishing injunction was really speedy
(about 4-5 min/case).

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Environment full of lawyers was greatly encouraging and increased my
knowledge over several sections of I.P.C ,C.P.C and C.R.P.C. It was altogether a
different experience to witness court proceedings, starting from call work in
the beginning

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 Experience

The experience has been a great one as I learned the basic things which lead to
my overall development as a lawyer and as an individual. The work
environment around the court campus was really encouraging. I learned a lot
of things during this short span of time. Each new day provided new cases,
laws, arguments etc. apart from theoretical, I gained practical knowledge
there.

With drafting of a notice and dealing with the some of the clients, I learned
about the basics of legal drafting and developed way of talking with random
peoples. I also saw how lawyers use to twist the facts of case and statements
of the eyewitness to bring the case in their favor. This internship introduced
me to several sections of I.P.C, C.R.P.C and Consumer Protection Act.

Visiting court for the first time was indeed a different experience; it was
certainly different from the courts of movies and serials. Visiting
commissioner’s office introduced me with the work done at government
offices and procedures involved in that.

Moreover as it is said that justice provides favoritism to rich, I too believe this
notion holds true for trail court because lawyer’s charges high fee from poor
peoples and one can easily get his work done through bribe in government
offices.

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During my internship I tried to learn the practicalities of profession, focused
more on the basics of the trail court procedure and I believe that this would
certainly help me in future.

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 APPENDIX

NIRMA UNIVERSITY
INSTITUTE OF LAW

INTERNSHIP COMMITTEE

TRIAL COURT INTERNSHIP

Semester III

Weekly Report I

Name of the Student along with Roll No. : Praful Dwivedi ,15bal084

Name of the Advocate : Advo. Santosh Pandey

Advocate’s Address : District and session court rewa, near peeli kothi

,rewa, M.P

Email

Phone/Mobile No.
9826312663

Period: : From 18/04/2016 to 23/04/2016

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Sl. Date No. of Work Done at Court/Advocates Daily Learning Outcomes
No, Hours Office
Worked

1 18/04/201 11: 00 am At district and session court, rewa Got to know about the rules
6 – 5:00 pm meet Advo. Santosh Pandey. and regulations of Advocate’s
office and also learnt about the
Helped a client in filing an F.I.R. mannerisms of the court.

2 19/04/201 HOLIDAY
6

3 20/04/201 11:00 am – Attended the proceedings of the Learned about the section
6 5:00 pm case no. 1481/13 Prakash Tiwari & (321), (323), (324), (334) of
Anr Vs. State of M.P , where I.P.C. which talks about the
plaintiff had got slight cut in his left voluntarily causing hurt and
hand, read the facts ,issues, prescribe punishment for the
arguments and judgment of the same.
case.

4 21/04/201 11:00am- Attended the examination of Learned the process involved in

6 5:00pm eyewitness no. 1 by the magistrate examination of eyewitness by
in case no. 105/2012, Vijay & Anr. the magistrate and about the
Vs. Ramsushil. The eyewitness was powers of a district magistrate.
examined and cross examined.

5 22/04/201 11:00am- Read case no. 6287/2008, Raj Got to know about section
6 5:00pm Kumar Shukla Vs. Subodh Agnihotri, (138) of Negotiable Instrument
it was case of dishonor of cheque Act which is only applicable in
where cheque was returned by the case of insufficiency of funds.
bank on the grounds of insufficiency
of funds and mismatch of signature.

6 23/04/201 11:30am- Attended the proceedings of case Sec. (138) of N.I Act is not
6 4:00 pm Satish Kumar Mishra Vs. Nanakram applicable when there are two
Kakwani, it was a case of dishonor conditions (i) insufficiency of
of cheque, where the session court funds in the account (ii)
extended the date of proceedings. mismatch of accused signature
with original signature.
Learned how to draft a notice.

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 NIRMA UNIVERSITY
INSTITUTE OF LAW

INTERNSHIP COMMITTEE

TRIAL COURT INTERNSHIP

Semester II

Weekly Report II

Name of the Student along with Roll No. : PRAFUL DWIVEDI, 15BAL084

Name of the Advocate : Advo. Santosh Pandey

Advocate’s Address : District and session court, rewa, peeli kothi,rewa,M.P

Email

Phone/Mobile No. : 9826312663

:

Period: : From 25/04/2016 to 02/05/2016

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Sl. Date No. of Work Done at Court/Advocates Daily Learning Outcomes
No, Hours Office
Worked

1 25/04/2016 11:00am- At District Consumer Dispute Got to know about the rules
4:30pm Redressal Commission, rewa attended of Consumer Court and also
the proceeding of the case, Shyam learnt about section (12) and
Singh Vs. Nanak Babu, where plaintiff (13) of Consumer Protection
filed a complaint against defendants Act, 1986.
for deficiency in services.

2 26/04/2016 11:00am – Drafted a complaint, C.S 1526/16, J.P Learnt about the rules and
5:00pm Mishra Vs. Tanmay Singh, where procedure of drafting any
plaintiff is to file a suit for the money civil case .Also, got to know
recovery of Rs 7000, under Specific about the way of writing
Relief Act. prayer and verification.

3 27/04/2016 11:00am- Attended the proceedings of the case Learned about section
5:00pm Pramod Kumar Shukla Vs. Sate of M.P, (279) , (337),(338) of I.P.C
chorahata, rewa, where plaintiff which talks about rash and
pleaded to release his motor vehicle negligent driving in public
M.P 17/ M K 1601, kept in custody by place and in such a manner
the police authorities . as likely to cause injury to
any person.

4 28/04/2016 11:00am – Attended the proceedings of case, Got to know about the
5:30pm Sobhnath Vs. Rambiranjan And concept of permanent
Others, where lower court quashed injunction, rules and
the plaintiff’s appeal demanding regulations at the office of
permanent injunction to sale of deed. Additional commissioner,
Also, case Jawaharlal Vs. State of M.P rewa. Learned about the
through stamp collector, where stamp structure of District court
collector had done the wrong and about its jurisdiction.
valuation.

5 29/04/2016 11:30am – Read the case, Ramprashad & others Got introduced with section
5:00pm Vs. State of M.P, where defendant (80) of C.P.C and also
forcefully wanted to construct road learned about section (323),
on the plaintiff’s land and had done (324),(325)/(34) of I.P.C.
survey without the consent of the
plaintiff.

6 30/04/2016 11:00am- Read C.S 179/A/2016, Neetu Patel Vs. Got to know about section
5:00pm Dr. Ranjeet Singh, where plaintiff filed 498(A) of I.P.C, section 125

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Sl. Date No. of Work Done at Court/Advocates Daily Learning Outcomes
No, Hours Office
Worked

an appeal against defendants under (a) of C.R.P.C and section

Domestic Violence Act and (15) of Hindu Marriage Act.
maintainability of Rs. 5000/ month Also learnt some tricky
was claimed by the plaintiff’s. questions asked during cross
examing the witness and to
prepare arguments on that
basis.

NIRMA UNIVERSITY

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 INSTITUTE OF LAW

INTERNSHIP COMMITTEE

TRIAL COURT INTERNSHIP

Semester II

Weekly Report III

Name of the Student along with Roll No. : PRAFUL DWIVEDI ,15BAL084

Name of the Advocate : Advo. SANTOSH PANDEY

Advocate’s Address : District and session court, near peeli kothi, rewa

M.P
:
Email

Phone/Mobile No. 9826312663

Period: : From 2/05/2016 to 7/05/2016

Sl. Date No. of Work Done at Court/Advocates Office Daily Learning Outcomes
No, Hours
Worked

1 2/05/201 11:00am- Attended the proceedings of the case Got to know about Article
6 4:00pm Vishwanath Vs. Rajaram, where (227) of C.O.I, Section (50)
petitioner son’s name was not included of M.P land revenue act and

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Sl. Date No. of Work Done at Court/Advocates Office Daily Learning Outcomes
No, Hours
Worked

in property by tehsildar and S.D.O but leaned about the process of

Additional Commissioner rewa had filing the R.T.I.
kept aside orders of the tehsildar and
S.D.O and directed the authorities for
further investigation.

2 3/05/201 11:30AM- Drafted a legal notice for respondents Learned about rules of
6 4:00PM in case Ashish Singh And Co. Vs. Ajay drafting a notice for money
Singh, where the respondent owed recovery. Got to know about
arrears of Rs. 100050 to the petitioners the questions asked during
as they were running their shop eyewitness testimony.
situated in the land of petitioners.

3 4/05/201 11:30am – Went to Additional Commissioner’s Got to know about section

6 4:00pm Office, rewa for taking out the file of (91) of M.P Panchayati Raj
the case Arun Dwivedi Vs. Sandeep Act, got a gist of Gram
Kumar and attended the debate session Swarojgar Yojna and learned
at the office. about different type of
Injunctions commissioner
can grant.

4 5/05/201 11:00 am – After final argument by the lawyers in Learned about section (9),
6 4:00pm case Ranjeet Singh Vs. Neetu Patel, (15), Of Hindu Marriage Act,
appellant decided to give divorce to procedure of granting a
defendant and judge quashed off the divorce and rules and
appeal of maintainability by the regulations of the court.
respondent as no reasonable ground
for leaving the husband was provided
by the respondent.

5 6/05/201 11:00am – Attended the hearings of the case State Learned about section (323),
6 3:30pm Of M.P and Others Vs. Rameshwar (324), (325)/ (34) which
Tiwari and others, where the case was talks about hurt, grievous
filed for charge under section hurt, bone dislocation and
323,324,325/34 and 294 of I.P.C.but provide punishments for the
judicial magistrate quashed off appeal same.
under section 324 and proceeded with
the remaining sections.

6 7/05/201 11:30am- Drafted a legal notice to Singh Learned about rules of

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Sl. Date No. of Work Done at Court/Advocates Office Daily Learning Outcomes
No, Hours
Worked

6 3:30pm Accessories , where buyer purchased drafting a legal notice, got

R.O of Rs.10,000 from the seller, but to know section (12) and
after two months it incurred some (13) of C.P Act 1986.
error and stopped working, after
Also learned about how the
repeated complaints by the buyer ,
seller didn’t took any step to correct questions are asked during
witness testimony to obtain
that error and as a result notice was
sent to seller on behalf of buyer. favorable answers by the
lawyers.

NIRMA UNIVERSITY
INSTITUTE OF LAW

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 INTERNSHIP COMMITTEE

TRIAL COURT INTERNSHIP

Semester II

Weekly Report IV

Name of the Student along with Roll No. : PRAFUL DWIVEDI ,15BAL084

Name of the Advocate : Advo. SANTOSH PANDEY

Advocate’s Address : District and session court, near peeli kothi, rewa

M.P
:
Email

Phone/Mobile No. 9826312663

Period: : From 9/05/2016 to 14/05/2016

Sl. Date No. of Work Done at Court/Advocates Office Daily Learning Outcomes
No, Hours
Worked

1 9/05/2016 11:00am- Attended the proceedings of the case Learned about section 323
4:00pm Jeetendra singh and others Vs. Suresh of I.P.C, which prescribe
Kumar and Others, where defendants punishment for an act
had unlawfully constructed the

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Sl. Date No. of Work Done at Court/Advocates Office Daily Learning Outcomes
No, Hours
Worked

boundary wall on plaintiff’s land and causing hurt.

caused hurt to plaintiff.

2 10/05/2016 11:30AM- Drafted a legal notice for plaintiff in Learned about rules of
4:00PM case Narendra Kumar Pandey Vs. drafting, the limitation
Jetendra Tripathi. period to be given at
notice and the legal
language to be used in it.

3 11/05/2016 11:30am – Attended the proceedings of the case Learned about section
4:00pm Pramod Kumar Shukla Vs. Sate of M.P, (279) , (337),(338) of I.P.C
chorahata, rewa, where plaintiff which talks about rash and
pleaded to release his motor vehicle negligent driving in public
M.P 17/ M K 1601, kept in custody by place and in such a manner
the police authorities . as likely to cause injury to
any person.

4 12/05/2016 11:00 am – Attended the examination of Learned the process

4:00pm eyewitness no. 1 by the magistrate in involved in examination of
case no. 105/2012, Vijay & Anr. Vs. eyewitness by the
Ramsushil. The eyewitness was magistrate and about the
examined and cross examined. powers of a district
magistrate.

5 13//05/201 11:00am – Attended the proceedings of case Learnt about section (138)
6 3:30pm Satish Kumar Mishra Vs. Nanakram of N.I Act which talks
Kakwani, it was a case of dishonor of about conditions of
cheque, where the session court dishonor of cheque.
extended the date of proceedings due
to absence of plaintiff’s counsel.

6 14/05/2016 HOLIDAY

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