AKSHAY KUMAR (LC-1 3rd Year) Roll no. 186356, Exam roll no.

160950

LAW CENTRE-1
FACULTY OF LAW
UNIVERSITY OF DELHI

LB -501
MOOT COURT, MOCK TRIAL AND
INTERNSHIP

INTERNSHIP DIARY

Submitted by:
AKSHAY KUMAR
Third Yr. Section- F
Class Roll no 186356
Exam Roll no 160950
LAW CENTRE 1
FACULTY OF LAW
DELHI UNIVERSITY

Submitted to:
Ms. Sukanya Singha

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TABLE OF CONTENTS

• INTRODUCTION

• DECLARATION

• ACKNOWLEDGEMENT

• CERTIFICATE

• LIST OF ABBREVIATIONS

• WEEKLY REPORT

• BRIEF ABOUT COURT VISITED

• BRIEF ABOUT CASE STUDIED AND ATTENDED

• GENERAL OBSERVATIONS OF THE CASES

• EXPERIENCE DURING INTERNSHIP

• LEGAL RESEARCH

INTRODUCTION
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I did my internship with Advocate Rajesh Vasisht. He is a senior lawyer. He handles the civil
as well as criminal cases. His chamber is in Tis Hazari Courts as well as Rohini Courts. He has
cases in almost all the district courts in Delhi. There were many interns working along with me
under the above advocate. The main work an intern gets here is mainly research work and
sometimes drafting work but majorly the work is related to research. My internship for the period
of 6 July- 6 August 2018 was full of research work and assisting lawyers with the drafting work.
I got to visit the High Court of Delhi and the District Courts to observe the proceedings of the
cases I was working on which is itself an enriching experience.

Main thrust of my work as a legal intern in litigation would be to read case files and make notes
and briefs on the cases following which I would have to formulate my legal opinion on the
relevant issue at hand and then discuss it with my team of associates who would direct me
understanding the best courses of action for a given issue or question of law or how the law can
be favorable to us. This internship was more than a learning opportunity for me. It was more like
an internship course and trial advocacy course in itself. I learnt so much in this internship in a
month that there was not a single day wherein I had to sit idle with no work at all. As there were
many interns we were made to work in teams of 5-6 interns together on weekly tasks and were
made to switch between teams after the task were over. It helped me incorporate and explore
different skills like team building, leadership, delegation of power etc.

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DECLARATION
This is to certify that the project report on internship program which is submitted by Akshay
Kumar in partial fulfillment of the requirement for the degree of LL.B. to Law Centre-1,
Faculty of Law, New Delhi comprises only my general work & due acknowledgement has been
made in the text to all material used. Neither the same work, nor any part thereof, has earlier
been submitted to any university for any degree.

Name: AKSHAY KUMAR

Approved by: Ms. Sukanya Singha

LAW CENTRE 1

Date: 24th November 2018

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ACKNOWLEDGEMENT
I wish to express my sincere gratitude to Advocate Rajesh Vasisht for providing me the
opportunity to do internship under his guidance and helping me gain the knowledge of legal
practice as well as the skills of drafting various legal documents.

It is my privilege to carry out this research under the guidance of Ms. Sukanya Singha. I
convey my deep sense of gratitude for her continuous support, encouragement and guidance
during the course of this study and in the preparation of the manuscript of this research. I am
thankful for her insightful suggestions and continuous guidance.

I would like to extend my appreciation to all the faculty members for their continuous support.

I am also thankful to the librarians, particularly law library of Law Centre-1, Delhi University,
New Delhi, for their assistance rendered to locate the material for my present research work.

Lastly, I thank almighty, my parents and my friends who have helped me for their constant
encouragement without which this assignment would not be possible.

Akshay Kumar

LL. B 3rd Year

Roll No: - 186356

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Abbreviation
SC Supreme court

HC High court

IPC Indian Penal Code

NIA Negotiable Instruments Act

V. Versus

IO Investigating Officer

MCD Municipal Corporation of Delhi

Cr PC The Code of Criminal Procedure, 1872

U/S Under Section

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PART A

FACTUAL AND ANALYTICAL

INFORMATION ABOUT THE INTERNSHIP

• WEEKLY REPORTS

Sr. Work done at Field

No.
Week 1 1. Read case files in chamber and went for court room visit.
2. Made a list of court room no. with name of Judge.
3. Made list of case by the cause/item list which was published outside the
court room.
4. Interaction with the clients.
5. Researched on, “Judgments On Distinction between Owner and landlord and
in eviction petitions a Landlord can also collect the rent.
6. Researched on, “The accused cannot change his stand on something at the
final hearing stage” and Section 138 N.I.A. Judgments

Week 2 1. Researched on, “Can an appeal arise against and interlocutory order when
the suit has already been decided ?
2. Drafted bail application and petition for maintenance.
3. Drafted application under section 156(3) of CrPC.
4. Done drafted work for several cases.
5. Went to Patiala house court and karkardooma court.
6. Interaction with Bar association officials of Tis Hazari court.
7. Case heard in court room.
8. Appeared before the hon’ble court along with Advocate.
9. Took part in court proceeding when EIC and Cross Examination were
recorded.
10. Researched on, “For an Offence which is bailable, a Non-bailable warrant
cannot be issued”

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Week 3 1. A Plaint was submitted by me at court counter.

2. Purchased court fee from fee counter.
3. Familiar with the Vakalatnama.
4. Purchased stamp fee for advocate welfare fund.
5. Went to Delhi High Court.
6. Went to Rohini court and Saket court.
7. Went to Court lock up in Tis Hazari court to meet the client.
8. Drafted a Petition for the the family matter.

Week 4 1. Attended court proceeding mainly karkardooma court and Tis Hazari Court.
2. Went to Dwarka Court.
3. Drafted bail application.
4. Took next date when Advocate was not present.
5. Handled the client in the absence of Advocate.
6. Deposit the process fee.
7. Arranged the gate pass for client in Karkardooma court.
8. Met alumni in various courts.
9. Drafted a Police Complaint against a fraud committed on the client by
inducing him to send him money for a Iphone.
10. Posted of a Caveat by India Post.
11. Researched on what is Caveat?

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BRIEF ABOUT THE COURTS

The District Courts administer justice in India at a district level. These courts are under
administrative control of the High Court of the State to which the district concerned belongs. The
decision of District court is subject to the appellate jurisdiction of the High court.
The highest court in each district is that of the District and Sessions Judge. This is the principal
court of original civil jurisdiction besides High Court of the State and which derives its jurisdiction
in civil matters primarily from the code of civil procedure. The district court is also a court of
Sessions when it exercises its jurisdiction on criminal matters under Code of Criminal procedure.
The district court is presided over by one District Judge appointed by the state Government. In
addition to the district judge there may be number of Additional District Judges and Assistant
District Judges depending on the workload. The Additional District Judge and the court presided
have equivalent jurisdiction as the District Judge and his district court.
The district judge has supervisory control over Additional and Assistant District Judges, including
decisions on allocation of work among them. The District and Sessions judge is often referred to
as "district judge" when he presides over civil matters and "sessions judge" when he presides
over criminal matters. Being the highest judge at district level, the District Judge also enjoys the
power to manage the state funds allocated for the development of judiciary in the district.
Appointment of district judge and other Additional and Assistant district judges is done by the
state Government in consultation with the High court of the state. A minimum of seven years of
practice as a lawyer at bar is a necessary qualification. Upon a written examination and oral
interview by a committee of High court judges, the appointment of district judges is notified by
the state Government. This is referred to as direct recruitment. District judges are also appointed
by way of elevation of judges from courts subordinate to district courts provided they fulfill the
minimum years of services.

General observation of the functioning

at the court
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I attended the trial court for four weeks during which I had opportunity to look at the intricacies
of the working at trial court some of which are as follows:

I observed client interviewing in matter of rape and murder. The matter was merely consulted and
no further action was taken. I observed the cross examination in more than 15 cases where I came
to know about some of the police rules and provisions and state acts.

In one of my observation I came to know why there is huge backlog in the cases being tried. It was
due to lack of organizing at the lower level. Firstly, the ratio of cases filed and the judges presiding
to hear the matter was very less. Proceedings do not take place if the judge is not in good mood.
Also I heard from my supervisor that how some of the protectors of justice were engaged in
unethical practices like some of the lawyers used to take mala-fide cases merely to generate
revenue, others just used to take dates due to their non-competence, and to my astonishment when
I was attending one of the proceedings one of the lawyers came from opposition as he had to argue
the matter but he said that he wanted extension of time since he had forgotten that it was his date
today. Such act not only disturbs the cycle of justice but also increases the cost of dragging such
cases.

Most of the clients belonged to backward sections and from village areas. During their trial
advocates first one should guide them on how to respond to the queries and how to deal
with the various questions which came forth in cross examination to make their part
stronger and to ensure access to justice. It was interesting to note the commitment to one’s
own profession at such a lower level.

There are many cases in which advocates try to solve the matter outside the court. Even in
rape cases outside settlement is done. In one of the cases the girl demanded that the accused
should marry her, decision is pending. In the same case the other accused offered her
marriage proposal so that to avoid sentence.

Experience during the training

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The experience for this time was a very different one from the previous one. As we were
more familiar with the functioning of the court and the routine of the courts. I got
opportunity to look at the procedure of functioning at trial court and during that I learnt
about various intricacies involved from the day of filing of the matter till the judgment is
executed or appealed.
Client interviewing is one of the important aspect which needs to be redressed because it
not only reveals ones communication skills but is also an essential for a professional to
survive and grow in his/her profession. I did client interviewing in the matter which came
to launch FIR. It was related to section 498A and got an opportunity to interact with some
of the others whose cases were related to divorce and offences related to marriage.
It was a learning experience to look at the process of cross examination. In one of the matter
an eye witness was cross-examined during which it was interesting to learn how each and
every minutest detail matters. He was asked what was the color of the clothes which the
deceased person was wearing. Even after presenting the articles he was not able to
recognize and reply. Everybody in the courtroom knew what the color was except that
person. It created humor on his silly answers. And this made him hostile. This time I also
saw the camera trial where the victim or the accused are asked question in the closed
courtrooms and the only people present are the judge, the advocate and to whom the
questions are being asked.
Working in session court was great. The criminals were brought and were made to wait for
hours. Most of the criminals looked innocent because of their age factor. It was hard to
accept the crime they committed. One of them killed his sister in law just because he got
angry. Even footpath girl was raped by boys of renowned families. People generally
commit crime when they are in anger or drunk or in depression. People don’t fear to add
up false cases just to harass the person. Judges are cool and calm but they shout only when
the witness creates nuisance and don’t answer the questions in the manner they are asked.
The basics I learnt there are of the utmost importance as they make the base of high court
cases.

SYSTEM OF THE COURT ROOMS

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AHLMAD ROOM-
Each district court, irrespective of being civil or criminal, has an Ahlmad Room, which is a
record room or file room for each of the Courts. These rooms are meant to maintain the judicial
files which are kept according to the dates and orders. It is the task of the record–keeper to send
the files to the Court on the date of hearing. After the dismissal of the cases, it is sent to the
record room.

NAYAB COURT–
The Nayab Court is the representative of the Police present in all the Courts. His duty is to keep
track of the police cases in the Court, the reporting of such court proceedings to the respective
IOs (Investigating Officers), summon them and assist the court vis-à-vis the Police under its
local jurisdiction limit. The Nayab Court is a Police Officer. He is also required whenever the
Court requires status reports and investigations, charge sheet filing to be done by the Police.

RECORD ROOM–
The Record Room is where all the Court files are kept. Whenever any person or Counsel wants
to inspect the case files, one can apply for inspection through a Form (annexed with this Report)
along with the respective Court Room Reference Number and a Court stamp of Rs.5/- (For
ordinary inspection) or Rs.10/- (For urgent inspection).

COURT LOCKUP
Each court complex has its own Police Lock up where the arrested Accused persons are kept
before being bought before the Hon’ble Magistrate for extension of Judicial or Police Remand.
Recently, the Haryana Police have also started a video conferencing facility wherein the
Magistrate can grant
‘Rehnumai’ or extension over the video conference with the accused persons from the respective
jail complex itself.

CASE READ
IN THE COURT OF MS RUBY ALKA GUPTA, A.S.J, PATIALA HOUSE COURT DELHI

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STATE VS. VISHAL

Case F.I.R No. 341/18 Dt. 05/07/2018 u/s 354,506,509 I.P.C. & 8,12, P.O.C.S.O. Act
P.S. Vasant Kunj North, South West District, Delhi
Brief Facts:

Present case was registered on the complaint Dt. 03/05/2018 of Mamta w/o jagdish r/o Jhuggi
No. 105, Arjun camp, Mahipal pur, New Delhi- 37 wherein she has alleged that on 30/04/2018 at
about 09:00 P.M, accused Vishal Kumar s/o Madan lal aged 20 years (her neighbor son) forcibly
caught her daughter aged 15 years, threw her on the takht(wooden cot) lying in front of her
Jhuggi and kissed her. Hearing the screams of her daughter, she came out and saved her. No one
came forward to help them because of the influence of accused Vishal Kumar and his father
Madan lal. She reported the matter to police on 100.

IN THE COURT OF SH. DEVENDER KUMAR GARG, CHIEF METROPOLITAN

MAGISTRATE, NORTH-EAST DISTRICT, KARKARDOOMA COURTS

CRIMINAL COMPLAINT/ MISCELANEOUS PETITION NO.- of 2017

IN THE MATTER OF-

1. AFTAB AHMED S/O MASIUDDIN KHAN& ANR. ..Complainants

VERSUS
1. STATE OF NCT OF DELHI, through Station House Officer, GokalPuri Police Station,
New Delhi-110094 & ANR …Respondents

Brief facts: That the complainant no. 1 received a call on July 28, 2017 on his mobile number-
9899106163 at around 9:30 PM from one Mr. Ziauddin, Respondent no. 2, who is also the
maternal uncle of complainant no. 2 and brother of the wife of complainant no. 1. The
respondent no. 2 is also a Delhi Police employee and is posted as a Head Constable in 3 rd
Battalion. The call was made from the mobile number-9718749232 which allegedly belongs to
respondent no. 2.
Next date of hearing is 11.03.2019
Dheeraj Sharma & Ors Vs. Laxmi Public School & Ors. W.P.(C) 216/2017

JUSTICE VALMIKI J. MEHTA, Room No. 13

Facts of the Case:

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1. The writ petition was filed against the failure of the Director of Education ,

Govt. of N.C.T.Delhi, to take action against the respondent no.1 and 2/ school

management for failure to provide the benefits in violation of section 10 of the

Delhi School Education Act and for non-compliance of the order dated

31.10.2016 of the Director of Education Govt. of NCT of Delhi which was

passed pursuant to the order dated 02.09.2016 of the Hon’ble court in W.P. (C)

No. 7704/2016, thereby directing the managing committee of respondent -

school to implement the provisions of Section 10(1) of Delhi School Education

Act, 1973 in respect of all the petitioners in the above writ petition and other

employees of the school in letter and spirit and submit the compliance report

with a period of 30 days from the date of issue of the said order. The respondent

no.3 has failed to take any action so far against school management for failure

on their part to implement its order dated 31/10/2016 and has thereby forced

the petitioners to again approach the Hon’ble High Court for necessary

directions against respondent no.1 and 2 /school management as well as against

the Director of Education Govt. of NCT of Delhi.

2. The present writ petition is further directed against the impugned action of the

management of the Laxmi Public School in not correctly fixing the pay of

petitioners under the 6 the pay commission w.e.f. 01.01.2006 in the proper pay-

scale pertaining to their posts at par with their counterparts- employees of the

corresponding posts of the schools of the Delhi government and in not paying

the petitioners the consequent arrears of difference of wages and benefits.

3. The present writ petition is further directed against the impugned action of the

said management in not paying them the DA at the same rate as have been paid

in the school of Delhi government i.e. rates declared by the Central government

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from time to time since 01.01.2006. The current D.A rate being paid in the

schools of Delhi Government is 125 % whereas the petitioners are being paid

DA at the rate of 57%.

4. The present writ petition is further directed against the impugned action of the

management in not granting the petitioners the benefits/up-gradations under

the ACP and MACP scheme from the dates the up-gradation have become due

to them on completion of requisite years of service . The ACP and MACP

scheme have not been implemented by the respondent no. 1and 2 till date.

5. The present writ petition is further directed against the action of the

management in not paying the petitioners arrears of the difference of wages

and consequential benefits of the 6 the pay commissions.

IN THE COURT OF DEVENDRA KUMAR SHARMA,

ASJ/SPECIAL ELECTRICITY COURT, EAST DISTT/KKD

IN THE MATTER OF:

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State …. Petitioner

Versus

Aslam …. Respondent

Facts: Accused booked under section 135/150 of the Electricity Act, 2003. It is the case of

theft of Electricity.

Amicable settlement of this case between the parties, there is no need to proceed further in this

case against the accused.

STATE THROUGH VIJAY KUMAR VS SAMIR, 2018:

FACTS: Briefly stated the facts of the case are that on 08/07/2018 a complaint was received in

the PS CP and above mention case was registered. As per FIR on 03.08.2018 the complainant

received phone calls from number 9634337815 and 7568917154 and the person on call shows

interest in joining the gym for one year. The person said the accounts to which money require to

be sent are not linking, so to link the account you need to provide the OTP numbers.

Complainant Vijay Kumar shared the OTP numbers and immediately RS 14,999 and 12,999 at

12.48 PM and 12.51 PM deducted from his PayTm account 8826567070 and Rs 20,000 debited

from HDFC saving bank account 16721000007702. On 04/07/2018 the alleged person also

deducted Rs 14,999 from the same PayTm account 8826567070. So the complainant was

defrauded to a amount of around Rs 63,000.

The case was registered u/s 420/34 IPC.

STATE VS NITIN KUMAR, 2018:

FACTS: The above noted case was registered on the complaint of Ms. Hemlata D/o Sh.

Purushottam. She alleged that the accused promised to marry her after they came in contact

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through Facebook. Accused made forceful physical relations with her at his home. Thereafter

accused took her to various placed in the country from 11.03.2018 namely Haridwar,

Rameswaram, Mussoorie, kept her in hotel rooms and made physical relations with her at every

place. They returned to Delhi on 31.03.2018. after that accused stopped all contact with her and

when the complainant contacted him, he refused to marry her and threatened to leak her obscene

video that he had recorded in his mobile phone.

The above case was registered under section 376/354C/323/506 IPC PS Mandir Marg.

STATE THROUGH SH. RAMKRISHNA VS VIJAY KUMAR SINGH:

It is submitted that on 15.06.2018, a secret information was received at IGIS/Crime Branch that

some persons, who are involved in cheating with innocent youth on the pretext of providing govt

job as a storekeeper in MES, Food Corporation of India & Railway etc. will come to Delhi Cantt.

Area. On this, a raid was conduct and one person namely Dharmender @ Gabbar S/0 Chotte Lal

was apprehended on Ambedkar Marg near Gopinath Market along with 5 youths whose fake

medical was conducted. Four fake joining letter issued by Food Corporation of India were

recovered from his possession. Statement of complainant Ramkrishna was recorded and

subsequently above mentioned case was registered under section 420/468/471/34 IPC PS

CRIME BRANCH

LEGAL RESEARCH

Research - 1

Legal Proposition : Can an appeal arise against and interlocutory order when the suit has
already been decided ?

Interlocutory Order - Order 39 / Rule 6 - 10

Poonam Chand Jain & Anr v. Fazree (AIR 2010 SC 659)

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“ An interlocutory order or judgement is one made or given during the progress of an action,
but which does not finally dispose of the rights of the parties”
Thus, summing up the natural and logical meaning of an interlocutory or-der, the conclusion is
inescapable that an order which does not terminate the proceedings or finally decides the rights
of the parties is only an inter-locutory order. In other words, in ordinary sense of the term, an
interlocu-tory order is one which only decides a particular issue or a particular as-pect in a
proceeding, suit or a trial but which however does not conclude the trial at all.

Appeal from an interlocutory order when suit decreed -

Jaleb Ali & Anr v. Abdul Aziz & ors ( AIR 1929 Cal 689)

“… When it was said that an appellant cannot be permitted to wait until after the final disposal
of the suit and then to appeal against and interlocu-tory order without appealing from the decree
in the suit it was not meant that one appeal would be competent or incompetent as another had
been brought or not brought. What was meant was that after a final decree had been passed, an
appeal from an interlocutory order was incompetent as such, but that in an appeal from the
decree an interlocutory order could be reversed or varied if it affected the decision of the suit..”

Carborundum Universal Limited v. Director General, Investigation & Reg-istration ( (2008) 3

SCC 263)

Para 1 ; “… this appeal has become infructuous since the main matter has already been
disposed off. In that view of the matter the appeal is dis-missed as having become
infructuous…”

The appeal was against an order of MRTP Commission.

Conclusion : It can fairly be concluded from the above cases that an appeal against an
Interlocutory order is not maintainable when the final decree has been passed in a suit, such an
appeal becomes infructuous.

Tools for research :

1. SCCOnline.com

2. manupatra.com

Sarkar on Code of Civil Procedure

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Research 2: What is Caveat?

By this research I learned what a Caveat is and what are its reason and where it is mentioned in
any statute. I found out through a research that a Caveat is a notice given by a person, informing
the court that another person may file a suit or application against him and that the Court must
give the Caveator (person filing the Caveat) a fair hearing before deciding any matter brought
before it in the relevant case. I further researched As per Section 148A of the Code of Civil
Procedure, 1908;

(1) Where an application is expected to be made, or has been made, in a suit or proceedings
instituted, or about to be instituted, in a Court, any person claiming a right to appear
before the court on the hearing of such application may lodge a caveat in respect thereof.

Also a caveat is filed for various reasons and this caveat was filed to clarify the caveator’s
address in District court Order in case of-

SB Civil Writ Petition No. 9020/2014 Dr Kundan lal vs. state of Rajasthan

Research 3

In case of conflict between the standing orders of industrial establishment and the wage
agreement/terms in condition of service which will prevail?

WESTERN INDIA MATCH CO. Vs. ITS WORKMEN , AIR 1973 SC 2650

It was observed that according to the Standing Order, a workman shall not be kept on probation
for more than two months. If he has worked during these two months to the- satisfaction of the
Company,' he becomes permanent. But as a result of special agreement, even though he has
worked during these two months to the satisfaction of the Company, he will not be a permanent
workman. While, the Standing Order says: "Confirm him on the expiry of two months", the
special agreement says : "No, wait till the expiry of six months." There is thus a conflict between
them. They cannot coexist. So it was observed that the special agreement is inconsistent with the
Standing Order to the extent of the additional four months' probation.

The terms of employment specified in the Standing Order would prevail over the corresponding
terms in the contract of service in existence on the enforcement of the Standing Order.

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It was further observed that if a prior agreement, inconsistent with the Standing Orders will not
survive, an agreement posterior to and inconsistent with the Standing Order should also not
prevail. Again, as the employer cannot enforce two sets of Standing Orders governing the
classification of workmen, it is also not open to him to enforce simultaneously the Standing Order
regulating the classification of workmen and a special agreement between him and individual
workman settling his categorisation.

It was held that the inconsistent part of the special agreement is ineffective and unenforceable.

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ONGC LTD. Vs. PETROLEUM COAL LABOUR UNION & ORS. 17/04/2015

It was observed that The Industrial Employment (Standing Orders) Act is a special Act dealing
with a specific subject, namely the conditions of service, enumerated in the schedule, of workmen
in industrial establishments.

It was held that the alleged policy decision taken under Section 30A of the ONGC Act does not
prevail over the Standing Orders Act framed under the Industrial Employment (Standing Orders)
Act, 1946, which is the Special Enactment. Therefore, the alleged "policy decision" taken by the
Corporation is neither valid in law nor applicable in the case on hand.

RSRTC Vs. KRISHNA KANT (1995) 5 SCC 75

It was held that Certified Standing Order under the Industrial Employment (Standing Orders) Act,
1946 are statutorily imposed conditions of service and are binding upon both the employers and
employees.
It was very good learning experience for me while I was working as an intern under Mr. Indrajit
Sinha. I have studied IPC, Cr.PC, CPC and other laws at my college and was having basic
knowledge of the provisions of such Acts but my knowledge was complete only after I saw the
applicability of the provisions of Cr.PC, CPC etc in the court proceedings during internship. After
the internship I am feeling more confident as a student of law. I have seen that sky is the limit in
the profession of lawyers and that it is upto you as to at what position you want to be in the race.
Few of the qualities which one must have if he wants to be a good lawyer are hardworking,
dedication towards the profession and patience in life. There is no substitute for hard work if you
want to earn respect and money in your life.

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COURT ROOM PROCEEDINGS

IN THE COURT OF VINAY KUMAR KHANNA JUDGE

FAMILY COURT NORTH-EAST DISTRICT, KKD COURT, DELHI
HMA NO. 326/18
Sh. Pawan Kumar,
S/o Sh. Janki Prasad,
R/o X-5/29, Gali No. 6,
Braham Puri, Delhi-110053 ..Petitioner
Versus
Smt. Neha, W/o Sh. Pawan Kumar
D/o Sh. Khicu Ram,
R/o B-6/229, sector-8,
Rohini, Delhi-110085 ..Respondent

Fact: Sh. Pawan Kumar the petitioner has filed the present petition against his wife namely Smt.
Neha the respondent U/s 9 of Hindu Marriage Act, 1955 for restitution of conjugal rights. In brief,
version of the petitioner is that he got married with the respondent on 11.12.2012 at Delhi
according to Hindu Rites and Ceremonies.

Status : listed for final argument on 07.08.2018 and order passed on 28.08.2018 in favor of
petitioner.

Observation: in this case the notice of the petition was issued to the respondent various times but
she did not respond to the summons. So it went into favor of petitioner.
In this court the Hon’ble judge behavior is very good he talks with calmly. He suggests advocate
when they make any mistake. He believes in speedy trial. In this court most of the case of
maintenance.

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IN THE COURT OF SENIOR CIVIL JUDGE CUM RC, CENTRAL THC DELHI
ROOM NO. 590, ADDITIONAL RENT CONTROLLER

Chaturbhuj Sharma ………………. Petitioner

Versus

Rachna Singhal ………………. Respondent

Fact: dispute regarding the relationship of landlord and tenant between the parties.

Status: On previous date i.e. 10/7/2018 court said that the Ld. Counsel for the petitioner submits
that documents in all the petitions are same, therefore, only one set has been furnished.
However, none appeared on behalf of the respondent. Copies of the same be kept on record.
The same be handed over to the respondent or his counsel as and when he appears.
Be listed for consideration/arguments on 10.08.2018.
On 10.08.2018 the Court said that the perusal of the record reveals that the objections to the
present application had been already filed by the respondent wherein there is no dispute
regarding the relationship of landlord and tenant between the parties.
In the circumstances, the present petition is allowed and the respondent is entitled to receive
the rent, as deposited by the petitioner in the court. Case is disposed.

Observation: mainly issues was in this court eviction of tenant. It is quite different court from
other court. It deals under Delhi Rent control act, 1958

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AKSHAY KUMAR (LC-1 3rd Year) Roll no. 186356, Exam roll no. 160950

IN THE COURT OF SH. DEVENDER KUMAR GARG, CHIEF METROPOLITAN

MAGISTRATE, NORTH-EAST DISTRICT, KARKARDOOMA COURTS

CRIMINAL COMPLAINT/ MISCELANEOUS PETITION NO.- of 2017

IN THE MATTER OF-

1. AFTAB AHMED S/O MASIUDDIN KHAN

Age- about 55 years
Resident of F-131/25, Old Mustafabad, New Delhi-110094

2. WASEEM AKRAM S/O AFTAB AHMED

Age- about 27 years
Resident of F-131/25, Old Mustafabad, New Delhi-110094
…Complainants
VERSUS
1. STATE OF NCT OF DELHI, through Station House Officer,
GokalPuri Police Station (North-East District), New Delhi-110094

2. ZIAUDDIN S/O ZAMEEL AHMED

Resident of Flat No.-B-3, Police Colony, New Seelampur, North-
East District, New Delhi-110053

3. SUBHASH
Sub-Inspector of Delhi Police posted at Gokul Puri Police Station (North-East
District), New Delhi-110094
…Respondents

Facts:
That the complainant no. 1 is a police officer presently posted in South District as an Assistant
Sub-Inspector (PIS No-28825001). The complainant no. 2 is the son of complainant no. 1 and is
a second-year student of Law at Delhi University. Both the complainants are residing at F-
131/25, Old Mustafabad, New Delhi-110094 along with their family.
That the complainant no. 1 received a call on July 28, 2017 on his mobile number- 9899106163 at
around 9:30 PM from one Mr. Ziauddin, Respondent no. 2, who is also the maternal uncle of
complainant no. 2 and brother of the wife of complainant no. 1. The respondent no. 2 is also a
Delhi Police employee and is posted as a Head Constable in 3rd Battalion. The call was made from
the mobile number-9718749232 which allegedly belongs to respondent no. 2.

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Status: Complaint filed under section 156(3) of CrPC act for registering the F.I.R.
on previous date i.e. 07/07/2018 court did not direct to police for F.I.R, court took
cognizance and proceed u/s 200 of CrPC. Now next date is 11/03/2019 for purpose of pre-
summoning evidence. So case is pending before the court.

OBSERVATION: court took cognizance on private complaint that shows that court listens to
everyone with carefully. Court gave us chance to prove the allegations.
this court has lots of cases, and speedy trial is required for most of the cases.

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AKSHAY KUMAR (LC-1 3rd Year) Roll no. 186356, Exam roll no. 160950

THE COURT OF MS. RUBY NAHAR, LD. M.M., TIS HAZARI COURTS,
DELHI

IN THE MATTER OF:

STATE VS ANKIT YADAV & ORS.

That on 05.12.2012, three accused persons namely Ankit Yadav, Nitin Rana and Jagminder @
Jagga Bhai intentionally collided with the vehicle (i.e. Four Wheeler Honda City) of complainant
at Gulabi Bagh. Nitiin Gupta who was coming from Chandni Chowk, then accused persons started
scuffling with the complainant in furtherance to commit robbery with the complainant but the local
public present there came in between and made hold of accused persons. The complainant dialed
100 number. Police was called at the spot who took the complainant to Hospital for medical and
after obtaining medical report and statement of the complainant was recorded. After that FIR was
registered at P.S. Gulabi Bagh, Delhi. In this matter robbery was attempted but not done. No article
was involved to be robbed off, so sections of robbery were not included in FIR. Now the matter is
in court at the stage of prosecution evidence.

SECTIONS INVOLVED:

323, 341, 506, 34 IPC

OBSERVATION:

All the accused persons were on bail and they were present before the court with counsel and the
matter was fixed for prosecution evidence. As the complainant was not present, so a next date of
hearing was given and court notice was issued for the appearance of the complainant.

ORDER/JUDGMENT: PENDING

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AKSHAY KUMAR (LC-1 3rd Year) Roll no. 186356, Exam roll no. 160950

IN THE COURT OF SH. BHUPESH KUMAR METROPOLITAN MAGISTRATE

IN THE MATTER OF:
STATE …PETITIONER
VERSUS
LOKESH …RESPONDENT

Facts: Court Room no. 221/Tis Hazari Court. It was a case u/s 325 IPC. I attended the proceedings
along with Advocate, counsel for the Accused.
In this case accused along with his brother beaten his uncle( father’s brother) in a family dispute
and was in judicial custody for more than 2 months

Proceedings: Arguments for bail were given by the advocate as nothing of substance was
disclosed in the chargesheet and how false acquisitions were made and written complaint was filed
against the Investing Officer who was not investigating the case fairly and continuously demanding
money from the father of accused for clearing the name of the accused and his brother from the
case. Bail was granted on submitting the amount of bail bond.
Filed application for getting complete Order sheet certified copy in Tis hazari Court.

Observation: one must write the expected number of pages in the form for certified copies
mentioning the exact document that is required or all the documents. The fee is paid accordingly
which is adjusted at the time of receiving the documents.

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AKSHAY KUMAR (LC-1 3rd Year) Roll no. 186356, Exam roll no. 160950

IN THE COURT OF MS. HARLEEN SINGH, ADMINISTRATIVE CIVIL JUDGE,

TIS HAZARI, DELHI
IN THE MATTER OF:
POONAM …PLAINTIFF
VERSUS
STATE …RESPONDENT

Facts: Court Room No. 112/Tis Hazari. It was a plaint for Succession certificate. Husband was
injured in a motor accidents and compensation was deposited in bank. Subsequently, the husband
died. Widow along with her three daughters filed the suit for the money deposited in bank.

Proceedings: Witness from bank was called for the account details of MACT claim amount. We
were from petitioner’s side. Counsel had to appear in a matter in Dwarka court, so I asked for
pass over. When counsel came, witness of bank was heard and the Ld. Judge ordered to rectify
the discrepancy in account number. I did Judicial inspection in the matter of ASHOK KUMAR
V. UIICL for preparing SYNOPSIS of case proceedings, as ordered by President of Consumer
Forum.

Observation: Postal order of Rs. 10 is required for Judicial Inspection of case file in consumer
forum. While in regular courts generally a Rs.5 ticket is affixed on the application.

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IN THE COURT OF SH. SHARAD GUPTA, SENIOR CIVIL JUDGE, NORT WEST
DISTRICT, ROHINI COURTS
IN THE MATTER OF :

SIMMI AGNIHOTRI …PLAINTIFF

VERSUS
SARLA & ORS. …RESPONDENT

Facts:
Court room No. : 410/Rohini. Chit fund fraud case. Respondents had reported the matter to police
after the petitioner tried to fled with money collected as chit funds, with the promise of huge
returns. Respondents were made guarantor in all such dealings. But the petitioner filed the present
suit before respondents could approach the court.

Proceedings: Cross examination of DW2/ASHA was to be done. Ld. Judge Sharad Gupta asked
us (interns) to take necessary instructions from the counsel.
Opposite counsel conducted cross examination, he asked direct questions from the ‘evidence via
affidavit' supplied to the court and him, and the Judge dictated the steno. Some obvious "it is wrong
to suggest.... answers" were made by opposite counsel. I asked the counsel to explain it to the
witness in Hindi, to which the judge said that it is his suggestions and nothing else.

Observation: The Judge dictated and translated the whole cross examination to the steno. I was
expecting that the advocate would extract something useful from the cross, but he didn’t even
attempt it. At this point I remembered one advice given by an Advocate- cross examination of a
truthful witness can also go against you, it is better to let him go.

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AKSHAY KUMAR (LC-1 3rd Year) Roll no. 186356, Exam roll no. 160950

IN THE COURT OF SH. SUSHIL KUMAR, METROPOLITAN MAGISTRATE, WEST

DISTRICT, TIS HAZARI COURTS
IN THE MATTER OF:

STATE …PROSECUTION
VERSUS
NAVEEN TYAGI …ACCUSED

Facts: Court Room no.: 289/ Tis Hazari.

Criminal case of grievous hurt, which happened because of fight between the victim and accused.
The injury, as alleged, had been inflicted with a laathi/danda on the head of victim. Interestingly,
a FIR had been lodged against the victim just a day before this incident, which is pending in
Dwarka Court. Matter was listed for arguments on Framing of charges.
Proceedings: Arguments on framing of charges under section 308, IPC to be imposed or not. We
were from defendant’s side. Advocates from both the side argued before the court. The prosecution
was relying on the precedents, which they presented before the Ld. Judge, for bringing the act done
under section 308, IPC while defendant relied on interpretation of section 308, IPC and nature of
injury.
I wrote a letter, on behalf of Advocate Basant Gupta, to Commissioner of MCD, north Delhi. The
letter was about poor condition of road.

Observation: Judge heard the arguments from both the sides, it was taking too much time and
other cases were still pending so he adjourned the proceedings for an hour, later the matter was
heard again and then the Judge gave next date for arguments on framing of charges.
During the one-hour adjournment, client was explaining the facts of the incident alleged to be
taken place, they indicated it to be a matter of rivalry between the families because of some
property. Advocate, asked few questions and told them not to worry about the case.

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AKSHAY KUMAR (LC-1 3rd Year) Roll no. 186356, Exam roll no. 160950

IN THE COURT OF SMT MANISHA TRIPATHY, METROPOLITAN MAGISTRATE

NEW DELHI DISTRICT, PATIALA HOUSE COURT

IN THE MATTER OF:

STATE …Prosecution
VERSUS

RAM KESH ...Accused

Facts: This case was registered u/s 325 and 34 of IPC. The accused were abusing the children
then victim’s father requested accused persons not to abuse but the accused did not pay any
attention and become angry and beaten the victim and victim’s father.
case booked under section 325 and 34 of IPC.

Status: case is pending and next date is 30.11.2018.

OBSERVATIONS: on previous date of hearing the EIC and Cross was recorded.

EIC of PW:1

Statement of Sh. Kailash Shah, s/o Sh. Tulsi Shah, r/o jhuggi no. 183, Y block, Loha Mandi,
Naraina, New Delhi

1. What happened on 03.11.2013?

I along with my family reside at the above said address and running my rickshaw rehri.
On 03.11.2013, at about 06.30 pm, children were playing with crackers. The accused
person namely Ram kesh and Ram Agya, accused person present in the court today who
were residing in the same locality and my neighborer started abusing to the children in
filthy words. I told the accused persons that as to why they are abusing the children and
told him that today is Deepawali and requested to allow the children to play with
crackers. On this, the accused persons became angry and accused Ram bhawan caught
hold me from back side and one of the accused had given a blow of iron rod.

2. Who did you hit by iron rod?

I could not see the said person due to hitting from iron rod.

At this stage Ld. APP for State seeks permission to Cross examine the witness as the witness is
denying h,is previous statement recorded u/s 161 Cr.P.C

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Heard. Allowed
Then Cross by Ld. APP for State

1. Is it correct that accused Ramagya caught hold you from back?

Yes,it is correct that accused Ramagya caught hold me from back side.

2. Did Ram Kesh attack by iron rod?

Yes, accused Ram Kesh had attacked on me from an iron rod.

3. Is it due to lapse of time?

Yes, it is correct that due to lapse of time, I was unable to recollect all the fact of the case.

Cross by Ld. Counsel for the accused persons.

1. Do you pull rickshaw?

Yes, I used to run my rickshaw in furniture block, Kirti, Nagar.
2. Do you consume alcohol?
Yes occasionally
3. Is it correct that criminal case is pending against your two sons namely Rakesh and
Mukesh?
Yes, it is correct.
4. Is it correct that your children were also playing with crackers?
Yes, it is correct.
5. Is it true that the name of the children as well as their parents were not mentioned in your
complaint as no such incident was occurred?
No, it is wrong.
6. Are you illiterate?
Yes.
7. Were you under influence of liquor on the day of incident?
No.
8. Is it correct that you do not know that who had caught hold you from back side and who
had given the blow of iron road?
Yes, it is correct.
9. This quarrel took place between your sons and unknown person and you sustained injury
when you were trying to save your sons. Is it correct?
No, it is wrong.
10. Did police prepare document before you?
Yes, but I do not know about their contents.
11. Is it true that you are deposing falsely just to implicate the accused persons?
No, it is wrong.

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PART - B

LEGAL DOCUMENT

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AKSHAY KUMAR (LC-1 3rd Year) Roll no. 186356, Exam roll no. 160950

IN THE COURT OF LD. DISTRICT AND SESSIONS JUDGE, NEW DELHI

DISTRICT, PATIALA HOUSE COURTS, NEW DELHI
In the matter of :
State vs. Chandan & others
FIR NO. 104/18
U/S 394/411/34 IPC
P.S. DELHI COURT

APPLICATION U/S 438 CR. P.C FOR GRANT OF BAIL ON BEHALF OF

THE APPLICANT/ ACCUSED CHANDAN S/O SH. RAJAK
Most respectfully showeth:
1. That the applicant accused was arrested in the above noted FIR by the police
officials P.S. Delhi cantt on 13.05.2018 as since then he is in J.C.
2. That the applicant/accused has been falsely implicated in this case and the
allegations leveled against the applicant/accused is totally false and baseless.
3. That the alleged offence has not been committed by the applicant/accused
and he has been falsely implicated by the police officials.
4. That the applicant/accused undertakes to join the investigation as and when
called by the investigation officer of this hon’ble court.
5. That the applicant/accused undertakes not to temper with the evidence and
he further undertakes not to influence the witnesses in the present matter.
6. That the applicant/accused will not misuse the liberty of bail granted by this
hon’ble court .
7. That the applicant/accused further undertakes to abide by any condition
imposed by this hon’ble court.
8. That the applicant/accused is a law abiding citizen and has clean antecedents
and not involved in previously in any case.

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9. That the applicant/accused never committed any offence as alleged in the

FIR.
10. That the applicant/accused is only bared earner of his family.
11. That the applicant/accused is ready to abide all the terms and conditions
imposed upon me at the time of releasing him on bail.
12. That the applicant/accused person undertakes to produce sound surety to the
satisfaction of this hon’ble court.
13. That no useful purpose will be served to keep the applicant/accused behind
the bar.

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PRAYER
It is, therefore, prayed before this hon’ble court that the applicant/accused may
kindly be granted bail till the final disposal of the case in the interest of justice.
New Delhi
Dated: 13.07.2018
Applicant/Accused
(In J.C.)
Through
Rajesh Vasisht
(Advocate)

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IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,

(NORTH- EAST) SHAHDARA, VISHWAS NAGAR, DELHI.

IN RE: Petition No. ………../2018

IN THE MATTER OF :-
1. Smt. Kshma Chauhan & Anr.
W/O Sh. Durgesh singh Chauhan
D/O Sh. Kalyan singh
2. Vansh (through petitioner no.1)
S/o Sh. Durgesh singh Chauhan
Both R/o House No. 447, First Floor,
K.H. No.36/1/1, P, Gali No.6, Phase-IV,
Gautam vihar, shiv vihar, karawal nagar
North-East, Delhi-110094 petitioners

Versus

Sh. Durgesh singh Chauhan

S/O Sh. Yogender Chauhan
R/O H.No. 1138, gali no. 17, laxmi bhawan,
Deepak vihar, khoda colony
Ghaziabad, U.P. Respondent
P.S. : KARAWAL NAGAR

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AKSHAY KUMAR (LC-1 3rd Year) Roll no. 186356, Exam roll no. 160950

PETITION UNDER SECTION 125 Cr.Pc, ON BEHALF OF THE

PETITIONER FOR THE GRANT OF MAINTAINANCE ALLOWANCE

HON’BLE SIR,

MOST RESPECTFULLY SHOWETH:-

1. That the petitioner is law abiding citizen of india and residing at the above said
address.
2. That the marriage of the petitioner and the respondent was solemnized on
29.04.2015 according to Hindu rites and custom.
3. That after the marriage everything was good till one month, thereafter the
mother-in-law and father-in-law started taunting on the petty issue and also taunt
for dowry and the respondent started beating the petitioner. The father in law and
mother in law also induced the respondent to beat the petitioner in front of them.
4. That the father of the petitioner is not alive and the mother namely Usha Rani
and brother of the petitioner namely Ajay Singh managed and given Rs. 3 lakhs
in in cash to the respondent and his family members in the said marriage which
are beyond their capacity.
5. That the one month of the marriage, the respondent purchased a plot measuring
area 35 sq. yds. In Faridabad, the in-laws of the petitioner has already paid a sum
of RS. 1 lakh as earnest money/bayana of the said plot and for the remaining
amount i.e. RS. 4 lakhs, the respondent and his family members started
pressurizing the petitioner for bring RS. 4 lakhs from her parents and stated that
“Tum apni mammi , bhaiyo ke ghar se char lakh rupaya maang lao”. On the
refual of the petitioner, the respondent and his family members beaten the
petitioner and tried to throw out the petitioner from her matrimonial home in the
odd hours and also abused in filthy language. Now the respondent stated “meri
ek bibi mar gayi thi or dusri ko talak dunga or tisri se shaadi kar lunga, jiski
taiyari maine kar li hai”. The respondent also stated the same thing to the family
members of the petitioner that “Main tumhari ladki ko talak dena chahta hu,
main isey apne ghar nahi rakhunga”.

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6. That the respondent used to come in the late night at around 12:00 or 01:00 and
when the petitioner asked for the same then the respondent replied that “ Meri
bhi apni zindagi hain, apni zindagi apni marzi se jeena chahta hun”.
7. That in the month of September,2015 when the in-laws of the petitioner came to
know that the petitioner is pregnant then the mother in law and the sister in
law/manad taunted that “ab iska aur kharch badhne wala hain” and also
pressurized the petitioner to bring money from her parents home for petty
expenses and also stated on petty issues that “ab to kharcha din prati din badhta
jaa raha hain, uski purti karne ka kya humne theka le rakha hain”.
8. That before one month of delivery of the petitioner, the respondent and his
family members mercilessly beaten the petitioner and stated that “Hum Iska
Bojh Nahi Utha Sakte Hain” and thrown out from the matrimonial home. The
petitioner had no option except to come her parental home then the petitioner
came at her parental home in wearing clothes.
9. That on 13.03.2016 the petitioner born a male child in her parental home and
when the petitioner informed her in laws about the child but no one came to see
the petitioner and her new born child.

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PRAYER

It is therefore, most respectfully prayed that the respondents may kindly be directed to pay a sum
of Rs. 15,000/- p.m. for maintenance of the petitioner and her minor child and also praised before
this hon’ble court to pass appropriate order in favor of the petitioner against the respondent, in
the interest of justice. Any other relief which this hon’ble court deems fir and proper under the
facts and circumstances of the present petition, may also be granted in favor of the petitioner and
against the respondent.

Delhi petitioner
Dated: Through
counsel
VERIFICATION:-
Verified at delhi o this 17th July 2018 that the contents of the para no 1 -------are true and
correct to the best of my knowledge and para no._____to_______ are legal paras and nothing has
been concealed therefrom and the last para is prayer to this hon’ble court.

petitioner

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IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT ,

( NORTH-EAST ) SHAHDARA, VISHWAS NAGAR, DELHI.

IN RE: Petition no . ……………/2018

IN THE MATTER OF :-
Smt. Kshma Chauhan & Anr. …. Petitioners

Versus
Sh. Durgesh singh Chauhan …. Respondent

AFFIDAVIT

I, Kshma Chauhan w/o sh. Durgesh Singh Chauhan D/o sh. Kalyan Singh R/o House No.
447, first floor, K.H. NO. 36/1/1, P, Gali no.6 phase-IV, Gautam Vihar, shiv Vihar, Karawal
Nagar, north-east , Delhi- 110094, do hereby solemnly affirm and declare as under:-
1. That I am married to respondent with Hindu rites and ceremonies.
2. That I am the petitioner no. 1in the accompanying petition U/S 125 Cr. Pc for
maintenance allowance and accommodation in my matrimonial home and I am well
conversant with the facts of the case and I am competent to file the present affidavit.
3. That the accompanying petition has been drafted by counsel on the information furnish
by me and on my instruction and I have understood the contents in the vernacular
language.

DEPONENT
VERIFICATION:-
Verified at delhi on this 17th July 2018 that the contents of my above affidavit are true
and correct to the best of my knowledge and nothing material has been concealed therefrom.

DEPONENT

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