INTERNSHIP DIARY

(in partial fulfillment of LB-501)

Report submitted to: Professor SUNANDA BHARTI

Name as per office record: GENNYA LOYA

Class Roll No. 181116

Exam Roll. 181116

 UNDER THE GUIDANCE AND SUPERVISION OF:

ADVOCATE SAVITARI SINGH.

DECLARATION / UNDERTAKING

This declaration is made at Delhi that this internship report contains the work accomplished
by me which was assigned to me during internship. This work was done in respect of the
partial fulfillment of the requirement for the award of degree of Bachelor of Law [LL.B (H)].
This has not been submitted either in whole or in part to any other Law University or affiliated
Institute under University, recognized by the Bar Council of India for the award of any law
degree or diploma within the territories of India.
All information provided here, have been comprehended from actual
legal documents and do not contain any alteration as far as the facts and judicial orders are
concerned.

Name of the Student: GENNYA LOYA

Law Center 1, Faculty of Law, Delhi University

 ACKNOWLEDGEMENT

I wish to express my sincere gratitude to Advocate Ms. Savitari singh for providing me the
opportunity to intern under Her guidance and for helping me gain the knowledge of legal practice
as well as the skills of drafting various legal documents. I also wish to express my sincere
gratitude to the associates working in Her chambers for guiding and helping me in completing
every task assigned to me, efficiently.

I am also grateful and indebted to my professor Sunanda Bharti, for filling in the gaps in my
knowledge and for her cordial support, valuable information and guidance, which helped me in
completing this task.

Place : New Delhi

Internship Duration: 1st November 2013 to 1st December2023.

 ABOUT THE INTERNSHIP

In the month of October 2022, I interned with Advocate Ms Savitari singh. Her chamber is located in

CH-No. G-719 KARKARDOOMA COURT, New Delhi, 110092.

Her areas of practice are Family, Criminal and Civil Disputes. Her matters are listed in the Hon’ble

High Court of Delhi and various District Courts and Tribunals.

Chamber Address: CH-No. G-719 KARKARDOOMA COURT, New Delhi, 110092.

Enrollment number: D/927/2003.

 INTRODUCTION

I got the opportunity to intern under MS SAVITARI SINGH (Advocate), who has been
practicing for more than ten years and he has handled a lot of important cases. He is a respected
lawyer with numerous features.

I completed my internship under him in the month of 1st November to 1st December and it was a
great learning experience for me. The internship gave me the opportunity to look inside the
judicial system and its working. I dealt with people directly and investigated their problems
under the able guidance of Ms Savitari. Not all legal acts happen in courts, a lot of legal minds
are applied behind the canvas of court, inside a lawyer’s chamber. A great deal about planning,
counseling, legal drafting, brainstorming, and record maintenance is taken up by a lawyer to
make a good case.

I visited different Courts regarding different matters fixed in courts in daily routine where I got an
opportunity to observe their working. It was a valuable insight into the actual working of courts
and lawyers.
FACTUAL AND ANALYTICAL INFORMATION ABOUT THE INTERNSHIP

1st November, Tuesday

Place- Lawyer’s Chamber

Task – To read a case and give a valid reason so we can get bail of the accused.

Sir has given a task to me and other interns to read a case called and asked all of us to give him a
valid point which should be in his favor so he can take the bail of his client.

Summary of Case –

∙ Ravi was the accused of rape of a girl named Sangita, but Ravi got bail and came outside
the prison
∙ But now the rape victim Sangita has been murdered by someone and her family and police
 is considering Ravi as murderer only on the behalf of his previous act.
∙ One friend of Ravi named Anil @ Lila /Mohit calls the girl and offers a proposal to make a
movie. And the police thought that Anil is a friend of Ravi, so He killed the Victim. Anil
in his confessions in the police station.

My Answer: - Advocate has given a task to give him a valid reason so he can save his client. So,
after reading the case I came to know that there is no proof of any Involvement of the Ravi
except the previous case of rape. Also, there is call recording of Anil and Sangita but there isn’t
any call recording of Ravi that does not call details of the Ravi. If we get the call details of Ravi,
then we can prove that Ravi had never contacted that girl, nor was he in connection with Anil.
So, we can prove that Ravi is innocent in this case.

2nd November, Wednesday

PLACE – KARKARDOOMA COURT

WORK – TO ATTEND THE COURT PROCEEDINGS

That day we must go to Karkardooma District Court with our advocate to look around the
proceedings of the court. I went to the court with other interns, and we come to know that our
case
is on 24th no. There was a list of cases outside the courtroom Which was going to be considered
by the judge. Our case was on 24th number so we went inside the courtroom and watched the
proceedings of the court.

After some time they called the name of our case named Nasreen Siddiqui v. Mohammad
Aslam Siddiqui

It was the case of maintenance under section 12 of the Domestic Violence Act.

Fact of the case: -

∙ In this case Appellant Nasreen Siddiqui and respondent marriage was solemnized by
Muslim rites. But after a few days respondent and his family started torturing the
appellant for dowry. The appellant tried all the methods for settlement but didn’t get
success. When their torture became unbearable, she went to police station and filled an
 FIR. This case is for maintenance under section 12 of the Domestic Violence Act.

Learning outcomes: - Difference between maintenance under section 125 of code of

criminal procedure and section 12 of Domestic Violence Act.

Section 125 of Code of Criminal Procedure provides for maintenance not only to the wife but
also to child and parents. Court may order a husband who has sufficient means but neglects or
refuses to maintain his wife who is unable to maintain herself to provide monthly maintenance to
her. On the other hand, under Section 12 of the Domestic Violence Act Any woman and her
children who while being in a domestic relationship has been subjected to domestic violence can
file an application to magistrate for maintenance under section 12 r/w section 20 of the DV Act.

3rd & 4th November, Thursday & Friday

Court: - Lawyer’s Chamber

Task: -To draft an affidavit (ex parte evidence by way of affidavit on behalf of PW1 Madhu

On that day my advocate had given a task to make a draft. I had to work on words and must
make a draft of ex parte evidence by way of an affidavit. This draft was related to the case of
Madhu Tithe vs. Madan 2964 /2019. It took me two days to draft this affidavit.
Eg of that Affidavit

In the matter of

MADHU TITHRE ……. APPELLANT VERSUS

MADAN.................................................................................................... RESPONDENT

EX – PARTY EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF PW 1 / MS.

MADHU TITHRE Verses Madan

1. That the deponent is the petitioner in the above case and is well conversant with the facts
of the case and hence, competent to swear this affidavit.
2. The deponent stated that she is residing at D-102-103, MadiPur Colony , Madi Pur Slum
Quarter, West Delhi, Delhi-110063.
3. That the deponent stated that marriage of the deponent and respondent was solemnized on
21.07.2018 according to Hindu Rites and Customs and ceremonies at Agra, Uttar
 Pradesh. It is worth mentioning here. that the said marriage of the deponent is a second
marriage.
4. That the deponent stated that after the said marriage, the deponent started residing with the
respondent at matrimonial House No. D-44, MadiPur Colony, Madi Pur Slum Quarter.
West Delhi, Delhi-110063.
5. That the deponent stated that the marriage was duly consummated. However, no issue was
born out of their wed - lock of parties to the petition. It is pertaining to mention here that
the deponent has two children from her first marriage.
6. That the deponent stated that before solemnized of said marriage the respondent was
promise that the respondent will love and caress to the deponent's children like his own
children but just after few days of the marriage, the behavior and attitude of the
respondent came into real color and on several occasions the behavior of the respondent
does not good towards the deponent and her children.
7. The deponent stated that after a few days of the marriage the respondent started coming
home drunk and used to give merciless beating to the deponent and her children also and
used to run parliamentary language without any cause.
8. That the deponent stated that due to above said behavior of the respondent the deponent
many times had stay her sister's house but the respondent used to come there and abused
and beat up the deponent and on 05.07.2020 , when the deponent went to her sister's
home, the respondent come to there and abused the deponent and cut his wrist , because
of which the deponent was very scared and lodge complaint to S.H.O , P.S : Punjabi Bagh
on 05.07.2019 , thereafter , the deponent had to decide to live separately along with her
children in a rented accommodation , but even the respondent comes there and used to
give merciless beating to the deponent and her children also or used to un parliamentary
language without any cause and the respondent keep threatening to kill the deponent and
her children and threatening that put acid on her face , in this regard the deponent lodge
the complaint to NCS.IC. P.3: Puji Bagh on 30.06.2020 .
9. That the deponent stated that the deponent merely spent six months with the respondent
and during living with the respondent , but the respondent did not treat the deponent as
legally wedded wife and never cared her and her children also and even the deponent did
not bear any happy moment with the respondent , but it was the deponent who tolerated
all the acts and cruelties of the respondent and tried her level best to save the matrimonial
home .
10. That the deponent stated that the Respondent was not only careless in discharging his
 obligations towards the deponent and her children. The deponent requested the
Respondent many times to change her attitude and to execute his daily pursuits of his
own, but the Respondent did not change his attitude, which also caused immense mental
pain and agony not only to the deponent but her children and family members also.
11. That the deponent stated that the deponent had given utmost respect, love and affection to
the Respondent, but the good behavior and the attitude of deponent did not help, and the
Respondent continued to harass and humiliate the deponent, which also caused great
mental and physical shock and agony to the deponent.
12. The deponent stated that the Respondent who is a very quarrelsome man and habitual of
daily drinker and always picks fights on pity matters and keeps harassing (mentally and
physically) the deponent with ulterior motives.
13. That the deponent relies on the following documents:
(i) Copy of Aadhar Card of the deponent is EX - PW1 / 1, OREDMI NOTE 9 MISS
(ii) Marriage photograph is EX - PW1 / 2,
(iii) Copy of complaint to SHO Punjabi Bagh dated 05/07/2019 is EX PW1 / 3, (iv)
Copy of complaint to SHO Punjabi Bagh dated 30/06/2020 is EX PW1 / 4, 14. That the
deponent stated that her petition is based on true and correct facts and the deponent is
entitled for the relief as claimed in the present petition.

DEPONENT

(Madhu)

Verification:

Verified at Delhi on the day 2022 that the content of the affidavit are true to my knowledge and
nothing material has been concealed there form.

DEPONENT (Madhu)

5th November, Saturday

PLACE: – TIS HAZARI COURT

TASK: - TO ATTEND COURT PROCEEDINGS

I had to visit the court with our advocate to watch the court proceedings. There was a case named
Madhu Tithre v. Madan before the Hon’ble Court which was going to be dealt by our advocate.
It was that case for which we had prepared the draft for ex parte evidence by way of Affidavit.
Fact of the Case: -

∙ In this case a petition was filled by the appellant under Section 13 (1) (i-a) of the Hindu
marriage Act 2005 for grant of divorce.
∙ The marriage between appellant and respondent was solemnized by Hindu rites and custom.
It was the second marriage of Appellant, and she has 2 children from 1st marriage. ∙
Respondent had promised the appellant that he would consider her children as his own but
after a few days of marriage there was a change in respondent’s behavior. He has become
abusive towards children and appellant. He started coming home drunk and used to beat
appellant and her children mercilessly
∙ Also, the respondent never treated the appellant as his Legally wedded wife. ∙ After giving
all the love and care by the appellant to the respondent, the appellant did not get anything
positive from the respondent. Respondent was quarrelsome So appellant filed a petition for
decree of divorce.

Other party was absent on previous hearing, so court has declared the case ex parte. So that
day our advocate produces the ex parte evidence which was accepted by the Hon’ble Court. Also,
court had given a date for next hearing.

6th November, Sunday

▪ The court was closed on Sunday.

7th November, Monday

PLACE – TIS HAZARI COURT

TASK – To get the pass over of a case

In that day my advocate had given a task to get a pass over of the case named State v. Ajay Singh
He told us about the passover. He said that when a lawyer or client is stuck in other work or not
 able to come to court at a fixed time then he can ask the judge for a pass. In Passover the judge
postponed the hearing of that case. Passover is only for the same date When all the cases of that
day will be solved after that judge will consider your case.
So, I went into the courtroom and waited for some time when our case was called, then I asked
the judge that your lordship, our senior counsel, is dealing with another case in Patiala Court. So,
it will be beneficial for us if your lordship passes over the case so our senior counsel can attend
the proceeding and my client will get justice. The Hon'ble court had granted the Passover.

After this we went to the Lawyer’s Chamber where we had been given a task to go to a
photocopy shop and had to print out some materials, so we did not attend the case for which we
had taken the Passover.

8th November, Tuesday

PLACE – Lawyer’s Chamber

TASK – To Draft an application for cancellation of proceeding under section 82 of Code of
Criminal Procedure,1973.

On that day sir had given a task to draft an application. He narrated the fact to us on which
basis we had to draft the application. The accused or our client was not present in some previous
hearing of the court. He was summoned by the court but because of some reason he didn’t know
about the notice, so the court had published a written Proclamation requiring him to present it on
a fixed date.

APPLICATION FOR CANCELLATION OF PROCEEDING U/S 82 OF CR. P.C

AGAINST THE ACCUSED NAMELY VINAY KUMAR CHOUDHARY

Most Respectfully Showeth:

1. The above mentioned case is pending before this Hon’ble Court and fixed for 07-01- 2023.
2. That the accused could not appear before this Hon’ble Court on 12-10 2022 due to he is in
his native place in Bihar to look after his old, aged mother who was suffering from
serious ill health and the applicant day returned from Bihar to Delhi on 14-11-2022 on the
 same
He was informed by his neighbors that some police officer had visited his house with a
warrant.
3. That the applicant / accused visited this Hon’ble Court on 15-11-2022 where he found that
this Hon’ble Court due nonappearance of the applicant / accused had issued proceeding
u/s 82 of Cr.P.C against the accused.
4. That the applicant / accused non-appearance either intentionally nor deliberately but due to
above said reason.

Prayer

It is therefore most respectfully submitted that may kindly cancel proceeding u / s 82 of Cr. P. C
against the applicant / accused, in the interest of justice.

{What Is section 82 of the Code of Criminal Procedure 1973: - Proclamation for person
absconding. :- It says that if any Court has reason to believe (whether after taking evidence or
not) that any person against whom a warrant has been issued by it has absconded or is concealing
himself so that such warrant cannot be executed, such Court may publish a written proclamation
requiring him to appear at a specified place and at a specified time not less than thirty days from
the date of publishing such proclamation.}

9th November, Wednesday

PLACE – Patiala Court

Task – To attend Court Proceedings

I visited Patiala Court for the first time. There was a case named Mool Chand v shree
electronics. Our advocate was representing the respondent. This case was related to the
negotiable Instrument Act because this case was of cheque bounce.
 Summary of case: -

This case was related with the issue of cheque bounce. Respondent had issued a cheque in favor
of appellant which got bounced. So, the appellant filed for the recovery of money. But
respondent claim that suit is barred by limitation.

Learning Outcomes: -

∙ What is negotiable Instrument Act? :- An Act to define and Law relating to negotiable
instruments which are Promissory Notes, Bills of Exchange and cheque.
∙ What is a negotiable instrument ? :- A “negotiable instrument” means a promissory note,
bill of exchange or cheque payable either to order or to bearer.
∙ What is Barred of limitation ?:- Section 3 of Limitation Act 1963 say that Subject to the
provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred,
and application made after the prescribed period shall be dismissed, although limitation
has not been set up as a defense.

10th November, Thursday

PLACE: - Lawyer’s Chamber
TASK: -To Know About Vakalatnama

Vakalatnama, also called Vakil Patra (VP), is a document, by which, the party filing the case
authorizes the Advocate to represent on their behalf. A Vakalatnama gives a lot of authority to the
Pleader. It should be executed by the client with great care and scrutiny. Order III of the Civil
Procedure Code, 1908 provides under rule 4(1) that “No pleader Shall act for any person in any
Court unless he has been appointed for the purpose by such person by a document in writing
signed by such person or by his recognized agent or by some other person duly authorized by or
under a power-of-attorney to make such appointment”.

On the general terms, a Vakalatnama contains:

∙ The date on which it is executed.

∙ The name of case/cases for which the pleader(s) has been appointed
∙ The name of the court / courts for which the pleader has been appointed
∙ The name of the party appointing the Advocate and the party’s authority to appoint (Eg:
Power of Attorney Holder or Recognized Agent)
∙ If not executed by the party in person, then the document supporting the appointment ∙
 The name of the lawyer / pleader / advocate(s) so appointed
∙ The address of the pleader, for service of documents
∙ The case title / number to identify the case for which the appointment has been made ∙ The
powers / decision making authority given to the advocate. This may limit the advocate only
to obtain certified copies, or
∙ Signature of the party or parties (with the name of the party or parties next to it) ∙
Signature of the pleader(s) or lawyer(s) accepting the Vakalatnama

11th November, Friday

PLACE: - TIS HAZARI COURT (Meditation Centre)

TASK: - TO ATTEND MEDIATION PROCEEDINGS

There was a case named Azra v. Mohammad Ahsan for mediation in the mediation center. I went
to the mediation center with our lawyer to learn about the process of the mediation. In this case
Appellant and respondent were married but their relationship was not good. Husband always
ignored his wife and abandoned her, so wife filed a petition for maintenance under section 125 of
the code of Criminal
Procedure in the court. But the Court refers the matter for mediation.

But the husband never came for the mediation including that day also. So, our advocate
asks the mediator to refer the case back to the Court. So, the mediator agreed and he referred the
case to the court.

LEARNING OUTCOMES: -

∙ What is mediation? - Mediation is a process wherein the parties meet with a mutually
selected impartial and neutral person who assists them in the negotiation of their
differences.
∙ What is mediation process?: - Most mediations proceed as follows:
Stage 1: Mediator’s opening statement. After the disputants are seated at a table,
the mediator introduces everyone, explains the goals and rules of the mediation, and
encourages each side to work cooperatively toward a settlement.
Stage 2: Disputants’ opening statements. Each party is invited to describe the
dispute and its consequences, financial and otherwise.
Stage 3: Joint discussion.
 Stage 4: Private caucuses. The private caucus is a chance for each party to meet
privately with the mediator.
Stage 5: Joint negotiation. After caucuses, the mediator might bring the parties back
together to negotiate directly, but this is unusual.
Stage 6: Closure. If the parties reach an agreement, the mediator will likely put its
main provisions in writing and ask each side to sign the written summary of the
agreement.

12th November, Saturday

PLACE: - Lawyer’s Chamber
TASK: - TO READ CHARGESHEET

My Advocate had given a task to read the chargesheet of the case State v. Bhupendra
Kumar. We must summarize the chargesheet and narrate to our advocate. This case was related
with section 420 of the Indian Penal Code which deals with cheating. The respondent and one
other co – accused name Manoj were charged under section 420 of the Indian Penal Code 1860
for using certain documents to gain profit and by using this he cheated the appellant.

LEARNING OUTCOMES: -

i. What is a chargesheet? - According to Section 173 of CrPC, a charge sheet is a report

generated by police officers after investigating a case. It is submitted before the court for
initiating the criminal trial.
ii. Contents of Charge Sheet: According to section 173(2) of Code of Criminal Procedure,1973
following shall be the contents of the charge sheet:
∙ Name of parties.
∙ Nature of information.
∙ Names of persons acquainted with the case.
∙ Whether any offence has been committed or not? If so, by whom.
∙ Whether the accused is arrested or not?
∙ Has the accused been released on bond, and if yes, surety and bond details to be mentioned.
∙ Whether the accused has been forwarded to custody under section 170 of CrPC? ∙ Whether
the medical examination report has been attached with the charge sheet if the
offence is related to rape under section 376, 376A, 376B, 376C, 376D, 376E of IPC? ∙
The officer shall also communicate in the manner prescribed by the State Government if he
 has taken any action in response to the person giving the FIR.

13th November, Sunday

▪ The court was closed on Sunday.

14th November, Monday

PLACE: - LAWYER’S CHAMBER

TASK: - TO WRITE AN ARTICLE ON ADULTERY IN INDIA

Summary of Article: The law of adultery because it stands in India punishes only men and
assumes that altogether cases „man is the seducer‟ and therefore the woman, who is an equal
participant is viewed as a victim. There are numerous debates about the discriminatory stance of
the supply, The insistence of the National commission for ladies and therefore the report of the
Madhav Menon committee & the 42nd Report of the Law Commission of India, have breathed a
replacement lease
of life within the dying controversy.

The law concerning adultery as existing within the Indian legal code under section 497 has
been criticized ever since its commencement. Its validity both on constitutional grounds and also as
philosophical grounds has been challenged time and again. But the law still stands as it is.In India
the law of adultery is punishable under section 497 of the IPC, but originally the framers of the
code didn’t make adultery an offense punishable under the Code, it had been the Second law
commission which after considering the topic, concluded that it had been not advisable to exclude
this offense from the Code. Adultery figures within the penal law of the many nations and
A few of the foremost celebrated English Lawyers have considered its omission from English
Lawas a defect.

Section 497 IPC Provides: ―Whoever has sexual activity with an individual who is andwhom he
known or has reason to believe to be the wife of another man, without the consent or connivance of
that man, such sexual activity not amounting to the offence of rape, is guilty of theoffence of
adultery, and shall be punished with imprisonment of either description for a term whichcan reach
five years or with fine, or with both. In such a case the wife shall not be punishable as an abettor.
The law commissioners have limited the cognizance of this offense to adultery committed with a
wife, and therefore the male offender alone has been made susceptible to punishment.

15th November, Tuesday

PLACE: - LAWYER’S CHAMBER

TASK: - TO OBSERVE CLIENT COUNSELING

▪ That day I observed Client counseling, My Lawyer listened patiently. He asked some
questions from the client tiento get the full facts and to get the clear picture of the client’s
case. After listening to the party, my lawyer assures the client you no need to worry if the
case is in our favor or going in our favor. It means he satisfied the client and tried to
reduce his fear and restlessness and tension. It’s the lawyer’s duty to take care of his /her
clients.

LEARNING OUTCOMES: -

I learned that for a better lawyer-client relationship, the most essential thing is gaining the trust of
your client and making him/her comfortable to disclose confidential information. At the same time, it is

necessary to respect the Fiduciary relationship between your client and yourself. 16th November,

Wednesday

PLACE: - TIS HAZARI COURT

TASK: - TO VISIT THE COURT AND OBSERVE THE PROCEEDINGS OF THE COURT
That day my advocate had assigned me to read a case file named AMIT GOSWAMI v.
VOOMIKA MUKHERJEE which was listed for the hearing that day. In that case Appellant and
respondent marriage was solemnized according to Hindu rites and custom. After 10 to 12 day of
marriage
respondent behavior was changed. She was neglected towards the appellant mother, and she always
asked the appellant to buy a new house in the city and leave her mother. Few days later she started
coming home late at night and sometimes she didn’t return home. She always said that she is a free
bird, and no one can control her. But she was abusive towards the appellant. She tried to mentally
harass the appellant. After all efforts of the appellant there was no change in the respondent’s
behavior. So, the appellant filed a Divorce petition under Section 13(1) (i-a) of the Hindu Marriage
Act ,1955. I went to the court and when our case name was called then we entered the courtroom.
The judge had listened to the matter and gave a next date for hearing.

17th & 18th November, Thursday & Friday

PLACE: - LAWYER’S CHAMBER

TASK: - TO DRAFT AN APPLICATION FOR TEMPORARY INJUNCTION UNDER
ORDER XXXIX, RULE 1&2.
DRAFTED DOCUMENTS

IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT CENTRAL), TIS

HAZARI COURT, DELHI SUIT NO.29578 OF 2022

IN THE MATTER OF:

Sh. Om Veer Singh,

S/o Ram Singh

R/o 362 Uttam Nagar, New Delhi PLAINTIFF/APPLICANT VERSUS

Dr. U. Basu,

S/o Raja Basu

R/o 64 Jhi Drlmil, Delhi

Tapan Kumar,

S/o Ramesh Kumar

R/o Sh369Shalimar Bagh, Delhi DEFENDANTS/RESPONDENTS

APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX, RULE 1 &
2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff has filed a suit for permanent injunction which is pending for disposal
before this Hon’ble Court.
2. That the contents of the accompanying suit for permanent injunction may kindly be read as
a part and parcel of this application which are not repeated here for the sake brevity. 3. That
the plaintiff/applicant has got a prima-facie case in his favor and there is likelihood of success
in the present case.
4. That in case the defendants are not restrained by means of ad-interim injunction for
dispossessing the plaintiff from the above said Uttam Nagar, New Delhi and from
interfering in physical peaceful possession of the above said premises, the plaintiff shall
 suffer irreparable loss and injury and the suit shall become infructuous and would lead to
multiplicity of the cases.
5. That the balance of convenience lies in favor of the plaintiff and against the defendants.

PRAYER:

It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to:

a) Pass ex-parte and interim injunction restraining the defendants, their associates, servants,
agents, and their representatives from interfering into the peaceful physical possession of
the plaintiff in the above said premises and from dispossessing the applicant/plaintiff from
the same.
b) Pass such other and further order(s) as may be deemed fit and proper on the facts and in
the circumstances of this case.

Plaintiff /Applicant

PLACE: THROUGH DATE: ADVOCATE

19th November, Saturday

PLACE: -TIS HAZARI COURT

TASK: - TO ATTEND THE COURT PROCEEDINGS

▪ Matter listed in court Dimple Kumar V. Leela Kishan

▪ This case is pending on final argument, but the Judge is on leave.
▪ Now the next hearing of this case is on 9th Dec 2022

20th November, Sunday

▪ The court was closed on Sunday.

21st, 22nd & 23rd November, Monday, Tuesday & Wednesday

PLACE: - LAWYER’S CHAMBER

TASK: - TO DO RESEARCH ON CASES OF CRUELTY AND DOWRY AS CRUELTY

My lawyer had assigned me work to research on cases of cruelty and how cruelty happens
in demand of dowry. It took me three days to research. I have to read all the cases of the cruelty
and after reading the cases I have to find important materials for my research so I could add it in
my research, and I can fulfill my Advocate’s faith in me.

Summary of Research: -

Cruelty defined:

Dastane Vs. Dastane 1970 Bom. 312: Act or conduct constituting cruelty can be so numerous
and varied that it would be impossible to fit them into any water tight compartment; cruelty may
be subtle or brutal. It may be physical or mental. It may be by words, gesture or by mere silence.

Ravi Kumar Vs. Jumli Devi 4 SCC 476: Absence of mutual respect and understanding
constitute cruelty. It can be violent, some attitude or even mere silence.

Russell Vs. Russell HL (1897) AC 395: Conduct of such a character as to have ceased danger to
life, limb, or health, bodily or mental or as to give rise to a reasonable apprehension of such
danger.
A clause of Matrimonial Causes act,1973: A clause defined the cruelty as: The respondent hoe
behaved in such a way that the petitioner can not reasonably be expected to live with the
respondent.

A Jaya Chandra Vs. Aneel Kaur 2005 SCC 534: The SC observed that the expression ‘cruelty’
used in relation to human conduct complained of should be grave and weighty for arriving at a
conclusion that the petitioner spouse can not be reasonably expected to live with the other
spouse.

Kaushalya Devi Vs. Wisakhiram 1961 PUNJ.520, The husband ill treated the wife, beat her, so
much so that she had to go to the police to lodge a report. A.J. rightly said that even injuries on
the person were not very serious as to call for their medical treatment, yet she had been Ill-treated
and beaten up; this must be held to amount to cruelty.

Saptmi vs. Jagdish (1969) 87 CWN 520, It is a case of Physical cruelty. The husband abused
and insulted the wife and ultimately on one day at her father’s house he pushed her against a wall
causing her bruises.
 V.Bhagat Vs. S.Bhagat 1994 SC 710, The SC defined mental cruelty as that conduct which
inflicts upon the other party such mental pain and suffering as would make it not possible for that
party to live with the other.

Parimi Vs. Parimi 1997 AP 92, continuous ill-treatment, cessation of marital intercourse,
studied neglect and indifference, total lack of affection and regards on the part of a spouse are
also acts of cruelty.

Demand of dowry:

Sobha Vs. Madhurkar,1988 SC 1291: The demand of dowry from the wife or her parents and
relation amounts to cruelty. Persistent refusal to have marital intercourse:

Jyotish Chandra Vs. Meera 1970 Cal.266: Persistent refusal to have marital intercourse
amounts to cruelty.

Shakuntla Vs. OmPrakash 1981 Del.53: Leila Seth J. observed; A normal and healthy sexual
relationship is one of the basic ingredients of a happy and harmonious marriage. Willful denial of
sexual relationship by a spouse. When the other spouse, anxious for it, would amount to mental
cruelty, this view was followed up in Anil Bhardwaj Vs. Nirmalesh 1987 Del. 11.
Rita vs Balkrishna Nijhawan 1973 Del. 200: The Delhi HC observed, the law is well settled
that if either of the parties to a marriage being of healthy physical capacity refuses to have sexual
intercourse the same would amount to cruelty.

24th November, Thursday

PLACE: - TIS HAZARI COURT

TASK: - VISIT COURT

▪ Matter listed in court named State V. Anita & Others (Dinesh Das)
▪ In this case Dinesh Das was present in the court.
▪ A Non-bailable warrant was issued against Anita because she was absent for a long
time. ▪ Now the next date of this case is 3rd March 2023.

25th November, Friday

PLACE: - TIS HAZARI COURT

TASK: - TO VISIT COURT

 ▪ On that day the matter was listed in court named Rampal Narang V. Shree Electricals. ▪
In this case it was held that the complainant has not paid a fine of Rs. 20,000 and not coming
from 17 dates.
▪ Court considered that he was not interested in the case.
▪ So, the case was dismissed by Metropolitan Magistrate Mr. Mayank Goel

26th November, Saturday

PLACE: TIS HAZARI COURT

TASK: TO VISIT COURT

▪ Matter listed in court State V. Vijay Kumar Yadav & Others.

▪ In this case today framing of charges was done.
▪ Now the next hearing of this case is on 14th Feb 2023.

27th November, Sunday

▪ The court was closed on Sunday.

th
28 November, Monday
PLACE: LAWYER’S CHAMBER

∙ No listed matter in the court.

∙ I was assigned to read the Case file Narendar Kaur V. State & Anr. , Which was related to
Sec 7,8,9 of Guardian & Wards Act.

29th, 30th November, Tuesday & Wednesday

PLACE: LAWYER’S CHAMBER

TASK: Research Work on Custody in Criminal Law

The word 'custody' means apprehending someone for protective care. When following the
receipt of an information/complaint/report by police about a crime, an officer of police arrests the
suspect involved in the crime reported, to prevent him from committing the offensive acts further,
such officer brings that suspect to police station, it's called Police Custody. It is the custody of a
suspect with the police in a jail at the police station, to detain the suspect. During this detention, the
a police officer in charge of the case may interrogate the suspect and this detention is not supposed
to be longer than 24 hours. The officer in charge of the case is required to produce the suspect
before the appropriate judge within 24 hours, these 24 hours exclude the time of necessary journey
from the police station to the court.

Judicial Custody means an accused is in the custody of the concerned Magistrate. In former, the
accused is lodged in a police station lockup while in latter, it is the jail. When Police take a person
into custody, the Cr.P.C kicks-in and they have produced him/her before a Magistrate within 24
hours of the arrest.

Difference between Judicial Custody and Remand

▪ Police Custody means that police have the physical custody of the accused while Judicial
Custody means an accused is in the custody of the concerned Magistrate.
▪ In former, the accused is lodged in police station lockup while in latter, it is the jail, after
Judicial Custody a person may be held in the custody of the police or in judicial custody.
▪ The first thing that happens to a suspect on arrest is that he is taken into police custody,
following which he is taken before a magistrate, and he may either be remanded to
judicial custody or be sent back into police custody.
▪ When a person accused of a cognizable offense is arrested and detained by the police and
produced within 24 hours (excluding traveling time from the place of arrest) or he himself
surrenders before the nearest Magistrate. Then the Magistrate can either release him on
bail or he can either send him to judicial custody or to police custody. If the accused is
juvenile, his age is 16 to be ascertained and if he finds that he is juvenile, then he will be
directed to be produced before Juvenile Justice Board.
▪ A suspect under Police Custody or Judicial Custody is assumed to be a suspect. A suspect
becomes a criminal only after the court finds him/her guilty and convicts him/her for the
crime reported.
▪ These types of custodies are preventive measures. A police officer in charge of a suspect
may treat the suspect arbitrarily. In case of arrests by police and pending the
investigation, the lawyer of a suspect generally prays for Bail or Judicial Custody. In
Judicial Custody, the suspect becomes the responsibility of the Court.

1st December, Thursday

PLACE: Lawyer’s Chamber

It was my last date, so no task was given to me by sir. As it was my last day of internship, I talked
to Advocate Mr. V.K.VASHISTHA regarding the future and career in litigation. They gave me
some knowledge regarding litigation and how to pursue it and about the judiciary.

On completion of my internship program, I express my gratitude to my guide, Advocate Vijendra

Kumar for his guidance and support all through my internship period.

CONCLUSION

In the end, I would like to say that the internship under Advocate Ms Savitari was a great
opportunity for me. Without exposure to the real world, one cannot understand the analytical and
positive application of law and jurisprudence and the actual function and structure of law. I was
also given the opportunity to sit during discussions with clients. I have learnt so many practical
things during my internship.

The experience I have got is huge and useful. During my internship I got acquainted with various
laws and legal procedures which will surely help me in my academics. The result I got was better
than I ever expected. I learned how to maintain the records of the cases dealt by Advocates. It
was a great experience as an intern working in a district court. The real legal practice is different
from the theoretical version of law which we study.