WEST BENGAL STATE UNIVERSITY

KINGSTON LAW COLLEGE

(A UNIT OF KINGSTON EDUCATIONAL INSTITUTE)

INTERNSHIP REPORT
UNDER THE SUPERVISION OF: ASSISTANT PROF. SHAMSHER
ALI, HoD, KLC

SUBMITTED BY

NAME: SWARNADIP DAS

REGISTRATION NO.: 3032211406391
UNIVERSITY ROLL NO.: 30322011250011
COLLEGE ROLL NO.: 22/KLC-LL. B/115
COURSE: LL.B (3 YEARS)
SESSION: 2022 – 2025
SEMESTER: 6TH Semester

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 CERTIFICATE

This is to certify that, SWARNADIP DAS, being a student of 3 years LL. B of

6TH Semester, bearing the Roll no. 22/KLC-LL. B/115, REGISTRATION NO.
3032211406391, under WEST BENGAL STATE UNIVERSITY, have been
done this project work under the guidance of ASSISTANT PROF. SHAMSHER
ALI, HoD, to fulfillment of the award of the 3years LL. B degree (2022 – 2025)
during the period of final year.

Place: Kolkata

Date:

Shamsher Ali, HoD, KLC

[Kingston Law College]

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 ACKNOWLEDGEMENT

Before detailing the report, it is essential to acknowledge the efforts of certain

good people who had given their support and guidance to make this report.

First of all, I must express my sincere gratitude to all lecturers especially who
supported and guided and accompanied us throughout this effort. I thank all the
teachers who helped me by providing the equipment that was necessary and vital,
without which I would not have been able to work effectively on this project. I
would also like to thank our Principal Dr. Suman Gupta Sharma, for providing
me with this wonderful opportunity to work on a project on the topic of
Internship Report. I would also like to express my sincere gratitude to my
friends and parents, who stood by me and encouraged me to work on this Project.
The completion of the project would not have been possible without their held
and insights.

I would like to acknowledge that this project was completed entirely by me and
not by someone else.

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 Declaration

I, SWARNADIP DAS, Roll No. 22/KLC-LL.B/115 hereby Declare that the

Project Report Entitled in the partial fulfilment of the course curriculum of the
Degree LL.B (3 years) from KINGSTON LAW COLLEGE.

The work done by me is my own peace of work and authentic to the best of my
knowledge under the supervision of Prof. Shamsher Ali, HoD, KLC.

(Signature)

Name – Swarnadip Das

Registration No. 3032211406391 of 2022
Roll No. 22/KLC-LL.B/115
Course – LL.B (3 years)
Semester – 6th Semester
Session – 2022 – 2025

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 ABBREVIATION
Acronym Full Form Acronym Full Form
ADM Additional District Magistrate FB Full Bench
ADR Alternative Dispute Report FIR First Information Report
AG Attorney General GPA General Power of Attorney
AG Attorney General HC High Court
AIR All India Reporter HCP Habeas Corpus Petition
AIR (SC) All India Reporter (Supreme HRA Human Rights Act
Court)
AOR Advocate on Record ICJ International Court of
Justice
APP Assistant Public Prosecutor IPC Indian Penal Code
ARBARD(A) Arbitration Appeal / petition MOU Memorandum of
/ (P) Understanding
AS First Appeal OP Original Petition
BC Banking Case PC Act Prevention of Corruption
Act
BCI Bar Council of India PIL Public Interest Litigation
CAS Central Administrative POCSO Protection of Children for
Tribunal Sexual Offences Act
CC Certified Copy PW Prosecution Witness
CC Criminal Case REV. AP Review Application
PL
CIC Central Information RT Referred Trial
Commission
CJI Chief Justice of India RTI Right to Information
CJM Chief Judicial Magistrate SA Second Appeal
CMA Civil Miscellaneous Appeal SAT Securities Appellate
Tribunal
CPC Civil Procedure Code SCC Supreme Court Cases
CrPC Code of Criminal Procedure SOPO Sexual Offences Prevention
Order
CS Court of Sessions TC Tax Case
DB Division Bench Tr. P Transfer Petition
DM District Magistrate UCC Uniform Commercial Code
DMC Divorce and Matrimonial UDHR Universal Declaration of
Cases Human Rights
DVC Domestic Violence Act WP Writ Petition
ECC / ECR Exercise and Custom Cases/ Writ A formal written order or
Report directive from Higher Court
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 TABLE OF CONTENTS

Sl. No. Topic Names Page No.

CHAPTER – I
1 Introduction 10
2 Importance of Internship 10 – 11
3 Selection of Advocate 12
4 Objective and Scope 13 – 14
5 Jurisdiction of Courts 15 – 16
6 Significance of Internship with the Advocate 17
CHAPTER - II
1 Review of literature, legal cases & legal issues 18
2 Case Observed during Internship 18
3 Details of the Case Observed 19 – 31
4 Legal Issues Dealt with 32 – 33
CHAPTER - III
1 Report 34
2 Introduction about the internship 34
3 Exposure of other laws across the internship 34 – 36
4 Daily internship duties 36 – 37
5 Challenges Faced During Internship 37 – 38
6 Knowledge & skills acquired during internship 38
7 Learning outcome 39
8 Learning Outcomes During Internship Period 40
9 Conclusion 41
10 Suggestions / Recommendations 42
11. Weekly Reports. 43 – 49
CHAPTER – IV
1. Scanned copy of Internship Certificate No -1 50
2. Scanned copy of Internship Certificate No -2 51
BIBLIOGRAPHY 52

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 LIST OF TABELS
Sl No. Table No. Explanation of Tables
1 Table 2.1 Cases observed during the Internship.
2 Table 2.2 Legal Provisions of Indian Penal Code, 1860
3 Table 2.3 Legal Provisions of Code of Criminal Procedure, 1973
4 Table 2.4 Legal Provisions of POCSO Act, 2012

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 LIST OF GLOSSARIES
 Advocate: A law graduate entered in any roll under the provisions of the Advocates Act,
1961.
 Affidavit: The affidavit is a sworn statement made by a party, in writing, in the presence
of an oath commissioner or a notary public. Affidavits are used as evidence in court
proceedings. An affidavit in reply to a petition, filed by a respondent, is called a counter-
affidavit. The petitioner’s response to a counter is called a rejoinder affidavit.
 Appearance: A coming into court by a party, either in person or through an attorney.
 Case Number: A unique identification number for each case, made up of three
components: a case type, the said number, and the year in which the case was instituted.
 Case Status: The stage at which a case is, within the process in the court.
 Cause of Action: The pleading that initiates a lawsuit – when a plaintiff alleges facts in
a complaint.
 Cause List: Cause list contains information like the bench, courtroom number and the
position of the matter. The Registry issues cause list on the matters to be heard by the
court on any day.
 Cognizable Offence: Cognizable offence means a police officer has the authority to make
an arrest without a warrant and to start an investigation with or without the permission of
a court.
 Complaint: A group of operative facts giving rise to one or more bases for filing a case.
 Criminal Procedure Code: The main legislation on procedure for administration of
substantive criminal law in India.
 Criminal: That which pertains to crimes, and requires the administration of penal justice.
Involving those cases that deal with a violation of a law in which a citizen inflicts injury
upon another citizen or the state. Punishable with the curtailment of liberty, via
imprisonment or detention, or fines.
 Date of Hearing: The date on which a case appears in the court.
 Indian Penal Code: Main criminal code of India that covers all aspects of substantive
criminal law in India.
 Prayer: A prayer for relief is a portion of a complaint in which the plaintiff describes the
remedies that they seek from the court.

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 Summons: A legal document issued by a court requiring a party or witness to appear
before it.
 Pendency: As per the 245th Law Commission report: All cases instituted but not disposed
of, regardless of when the case was instituted.
 Vakalathnama: The document by which an advocate is authorized to represent a party
in court.
 Sarbarak: Front page of case file.
 Pie Paper: A plain paper used for writing applications.
 Hazrirnama: A document given for informing absence of the party (317 CRPC).
 Fard Talbana: Is a form of evidence which shows that you have legally given notice to
other parties through honourable court.
 Fard Ahkam: Order sheet.

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 CHAPTER - I
INTRODUCTION
As per the requirement of Kingston Law College, West Bengal, it is mandatory for students joining
third academic year to perform an internship. Students on degree program are to embark on this
internship for minimum of 90 days to enable them obtain practical experience in the field of study
and also to abreast themselves of the working environment.

The report is written at the end of the internship by the student to the college for the tasks conducted
at District and Sessions Court in practice of fulfilment of requirements of award of a bachelor’s
degree of Law (LLB). The purpose of this report shows the Activities and training experience that
I was tasked, expected to perform together with the applied techniques and principles of the
problem-solving situations. I did internship of a 45 days from 6 th January 2025 to 19th February
2025 & from 17th April 2025 to 31st May 2025 at Bankshall Court and City Civil Court, Kolkata.
During Internship program, I also had support and supervision from the internship supervisor,
under whom I was placed and the university supervisor.

IMPORTANCE OF INTERNSHIP
Internships help a student in testing their practical aspect of what they know and focus on how
to do a particular job. In internships a student may discover new things, familiarize themselves
with office/court environment, follow the process and explore the career path that they have
chosen to study for.

Some reason why internships are important for law students –

1. APPLICATION OF KNOWLEDGE ACQUIRED IN LAW SCHOOL INTO REALITY

Law student’s academic structure goes through jargons, statutes, articles, sections, provisos
and case laws. Understanding authoritative principles, analysing burning judgements and
upholding set conventions are a part and parcel of a law school’s curriculum. But studying
them is not enough, internships give students some practical aspects of how to apply these laws
in actual field.

2. GETTING EXPOSURE

Internships provide you exposure to multifarious people, situations and work. You have the
opportunity to meet people from different states or countries (if doing an international

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 internship) having different ideologies and perceptions towards the same thing which when
observed helps you perceive things better.

3. INGRAINING NEW SKILLS

Whether a law student or not, it is of utmost importance to constantly upgrade and imbibe new
skills in one’s skill set. Thus, it becomes very important for a law student to timely do so; and
the same can be achieved by doing a concentrated and serious internship. Developing a logical
acumen, adapting to an articulated writing style and imbibing a well-formulated speaking skill
shall be the primary goals for an upcoming lawyer during an internship in the initial years.
Upon developing these, one shall then focus on specializing in the field of interest so
determined.

4. EXPERIENCE BUILDING FOR CV

A law student has to always remember that Grade Point Average (GPA) is only a gateway to
an interview, however, work experience is a key factor of displaying one’s understanding of
market functionality and application of the law into present circumstances. A wide range of
internships spread judiciously over the CV of a law student shall always provide him\her with
the necessary edge over the others.

5. MAKING NEW NETWORK

Interning helps you develop networking with people of the same age having same field of
interest but demarcated by geographical reasons and with those who have authority in a
particular field with respect to knowledge and experience.

• Networking with co-interns

• Networking with mentors

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 SELECTION OF ADVOCATE
Internships always have a major role in every student’s career and legal internships help the
students gain a practical application of what they have learnt in the law school. However, with
the top firms of the country receiving thousands of applications every month, getting an
opportunity to work there is not always that easy. Thus, I had preferred to work with an
Advocates of District Court at my hometown.

Selection of a right Advocate as per your interest area, merely for internship is not an easy task.
One will have to go through a lot before contacting a right Advocates for their internship. One
has probably read that ‘you need to network’. District court lawyers don’t really know about
interns and internships that much. Here is a way by which I had choose a lawyer to intern:
 One way was to ask my parents, friends and relatives and invariably they’ll know some
good district court lawyer. Make a list of three such lawyers.
 For starters, visit each one of them and work and interact in that lawyer’s office for one
day. In three days, I had known how accommodative and we’ll all the three lawyers are.
Therefore, the first step I had followed to finding an internship is letting my friends and family
to know that I am looking for one. And they had given me a clue of one of them. Some basic
had to be followed by me while selecting the Advocate Arunita Banerjee madam; are as
follows:
 Check their length of experience means how long they have been practiced in the court
by asking some questions.
 Their educational background and library and case file can be seen in their office.
 Their reported judgements speak about their quality.
 Do some exercise for any case then have a meeting with them, if they speak clearly and
their opinion is clear on the law point.
 Check their value, ethics and principal. Within the court.
After getting the knowledge and well responding answers from them, I had decided to do my
internship with them and I applied by sending an email consisting of my CV and cover letter
at via mail. And I had a wonderful experience while working with [Link] as an intern.

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 OBJECTIVE AND SCOPE
OBJECTIVE
1. Learning and Skill Development: It should aim to develop and refine various legal
skills, such as legal research, writing, case analysis, negotiation, and client interaction.
The internship provides a learning platform to acquire these skills under the guidance
of experienced professionals.
2. Mentorship and Guidance: Another key objective is to receive mentorship from
experienced advocates or legal professionals. This guidance can include feedback on
work, career advice, and insight into the legal profession. Effective mentorship is
critical to an intern's growth and understanding of the legal world.
3. Ethical Understanding: Understanding and adhering to legal ethics and professional
conduct is a fundamental objective. Interns should learn about the ethical obligations
of lawyers and how to maintain the highest standards of integrity in the legal profession.
4. Legal Research and Writing Proficiency: Developing strong legal research and writing
skills is a key objective. Interns should learn how to conduct thorough legal research,
prepare legal documents, and communicate legal arguments effectively.
5. Hands-on Legal Experience: One of the primary objectives of a legal internship is to
gain practical experience in the legal field. This includes tasks such as legal research,
drafting legal documents, attending client meetings, and observing court proceedings.
It allows interns to apply the theoretical knowledge they've gained in law school.
6. Observation of Legal Proceedings: If applicable, interns may observe court
proceedings, arbitration, or negotiations. This provides a first-hand view of how legal
theories are put into practice and enhances their understanding of legal procedures.
SCOPE
1. Professional Development: It should actively seek guidance and mentorship from
experienced advocates and professionals within the organization, with the aim of
personal and career development.
2. Legal Compliance and Ethics: Understanding the importance of legal ethics and
ensuring that all work complies with the law and ethical standards is a critical part of
the scope.
3. Legal Analysis: Interns should be prepared to analyse legal issues, apply legal
principles to specific cases, and present their findings to senior lawyers.

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4. Court and Meeting Attendance: Interns may attend court proceedings, meetings,
depositions, and negotiations with senior advocates or clients. This provides a real-
world understanding of legal practice.
5. Research and Document Preparation: Legal interns are often responsible for conducting
legal research, preparing legal briefs, memos, and other documents. This may involve
researching case law, statutes, and regulations relevant to specific cases.
6. Client Interaction: Depending on the internship, interns might have the opportunity to
interact with clients. This could include interviewing clients, explaining legal processes,
or updating them on case progress.

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 JURISTDICTION OF COURTS
MEANING OF JURISDICTION
Jurisdiction is the authority given to a legal body like a court to administer justice within a
defined field of responsibility.
Civil Jurisdiction: -
1) District Judge: -

 The principal Court of Civil Jurisdiction is the Court of District Judge at the District
level.
 It has both original as well as appellate Jurisdiction.
 In the original Side the District Judge has the jurisdiction of unlimited valuation.
 In the appellate side the District Judge has the Jurisdiction of limited valuation, he can
hear the appeals from the order of Civil Judge (SD) and Civil Judge (JD) of the cases
having valuation up to Rs.5 lacs.
 The District Judge has the revisional Jurisdiction.
 The District Judge can transfer the cases to the Additional District Judge.
 The District Judge can assign the administrative power among the Judicial officer

2) Civil Judge (SD) -The Civil Judge (SD) has the jurisdiction of unlimited valuation i.e., he
can decide cases of civil nature of any value.

The Civil Judge (SD) has the jurisdiction of appeal i.e., can hear and decide the cases decided
by the Civil Judge (JD), on the transfer of cases by the District Judge.

3) Civil Judge (JD) - The Civil Judge (JD) has the Jurisdiction to decide the cases of Civil
nature up to valuation of Rs.25000.

4) Criminal Jurisdiction - The Court of Session Judge, Addl. Session Judge, Special Judge,
Chief Judicial Magistrate, Additional Chief Judicial Magistrate and of Judicial Magistrate 1st
Class are functioning in this Judgeship.

5) District & Session Judge - The Court of Session is presided by the Session Judge. The
Session Judge look after the Criminal Cases Committed by Judicial Magistrate and also
Criminal appeals and Criminal Revisions. The Session Judge Can transfer Criminal cases to
the Addl. Session Judges.

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6) Chief Judicial Magistrate - The Chief Judicial Magistrate is subordinate to District &
Sessions Judge and every other Judicial Magistrate, who is subject to the general control of
District & Sessions Judge, is subordinate to the Chief Judicial Magistrate. As per the Act. and
area of Police Station where Criminal offences occurred, the Chief Judicial Magistrate allocate
the cases among Judicial

Magistrate Subordinate to him.

7) District and Sessions Judge - The district court or additional district court exercises
jurisdiction both on original side and appellate side in civil and criminal matters arising in the
district. The territorial and pecuniary jurisdiction in civil matters is usually set in concerned
state enactments on the subject of civil courts

8) Principal Judge, Family Courts - The Family Courts Act 1984 was enacted on 14
September 1984 to provide for establishment of the family courts with a view to promoting
conciliation in and secure speedy settlement of disputes relating to marriage and family affairs.

9) Chief Judicial Magistrate - The Chief Judicial Magistrate's Court exercises jurisdiction on
original side in criminal matters arising in the district. On the judicial side, its duty is to receive
and dispose the cases and matters pertaining to the administration of justice.

10) Civil Judge Senior Division - This Court has no pecuniary limit i.e., this court exerciser
unlimited pecuniary Jurisdiction in Civil cases and exercises the power to decide the civil
matters. This Court exercises original Jurisdiction of Civil Cases.

11) Civil Judge Junior Division - This Court exercises the pecuniary Jurisdiction up to Rs.
25000/- and the power is exercised to hear the Civil Cases for City only. The Civil Judge (Junior
Division) after completing three years of service would exercise unlimited jurisdiction.

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 SIGNIFICANCE OF INTERNSHIP WITH THE ADVOCATE
Interning with an Advocate at the District court of Kolkata is an unparalleled opportunity for
law students and young legal professionals. The significance of such an internship cannot be
overstated.

Firstly, it provides a unique chance to witness the highest echelons of the Indian legal system
in action. Court deals with critical matters of constitutional, civil, and criminal importance.
Interns gain first-hand exposure to the most complex and compelling cases, allowing them to
witness the intricacies of high-stakes legal proceedings.

Secondly, interning with an Advocate is a valuable learning experience. Advocates are experts
in the procedural aspects of the court and play a pivotal role in case management. Interns have
the privilege of learning the finer nuances of legal drafting, case preparation, and the mechanics
of filing cases at the Supreme Court. These practical skills are invaluable and contribute
significantly to a young legal professional's toolkit.

Exploring the unexplored, reaching the unreached and knowing the unknown always remain
on the agenda of District Courts and they expect to inculcate the same in an intern. An
internship at District and Sessions Court thus plays a pivotal role in the life of a law student, as
he gets a chance to work on varied problems prevailing in our society, which he then tries to
solve through his legal skills and learnings, and it ultimately results in the all-round
development of the student.

Lastly, an internship with an Advocate opens doors to a vast network of legal professionals,
judges, and senior advocates. This exposure facilitates professional growth and can lead to
mentorship and career opportunities.

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 CHAPTER II

REVIEW OF LITERATURE, LEGAL CASES & LEGAL ISSUES

INTRODUCTION
The chapter introduces the activities that I was engaged in while at District Court for the
internship period of 1 months from 08 June to 18 July, 2023 tasks that I completed in, showing
my duties, accomplishments, roles, and input in the particular activity and explaining the
process of the activity in a way that brings out my display of the skills required in the practice.
These include; court visiting, hearing arguments, conduct research on a particular topic, helping
the mentor in drafting documents, arranging the paperwork, take a note of various legal
proceedings, involves in client counselling, on the whole process of Internship I was engaged
in the following tasks.
To a great extent, the intern accomplished the activities and tasks assigned to him or her within
24 hours and reported to the supervisor the next day having done all the responsibilities being
assigned to him like daily records, writing weekly reports, reports of delegated activities and
office practice and management.

CASE OBSERVED DURING THE INTERNSHIP

SL No. Title of the Case
1 Mahipal vs. Manak Chand
2 Davendra vs. Shrimati Kanchana and Nand kishore vs. Omprakash
3 Mulchand vs. State
4 Meena choudhary vs. Chunniram
5 M/s durga sales vs. Premratan
6 State vs. Punit
7 State vs. Pawan kumar
8 Bhuvaneshwari joshi vs. Suresh Kumar
9 State vs. Modaram
10 State vs. Amit yadav
11 State vs. Shamshad ali
12 State vs. Bhanwarlal
13 Surendra Kumar vs. I.c.i.c.i Lambord General Insurance Company ltd.
14 Masjid Abhiyan Samiti vs. Mohd. Ramzan
Table 2.1: Cases Observed during the Internship.

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 DETAILS OF CASES OBSERVED
1. MAHIPAL VS. MANAK CHAND

Court: MJM (Civil Judge and Judicial Magistrate)

Stage: Arguments

Deals with: Order VI, Order VII, Order VIII of Civil Procedure Code, 1908

Order VI, Rule 9: Effect of document to be stated.

Wherever the contents of any document are material, it shall be sufficient in any pleading to state
the effect thereof as briefly as possible, without setting out the whole or any part thereof, unless
the precise words of the document or any part thereof are material.

Order VII, Rule 14: Production of document on which plaintiff sues.

Where a plaintiff sues upon a document in his possession or power, he shall produce it in Court
when the plaint is presented, and shall at the same time deliver the document or a copy thereof
to be filed with the plaint.

List of other documents— Where he relies on any other documents (whether in his possession or
power or not) as evidence in support of his claim, he shall enter such documents in a list to be
added or annexed to the plaint.

- Order VIII, Rule 1A: Duty of defendant to produce documents upon which relief is claimed
or relied upon by him.- Where the defendant bases his defence upon a document or relies upon
any document in his possession or power, in support of his defence or claim for set off or counter
claim, he shall enter such document in a list, and shall produce it in court when the written
statement is presented by him and shall, at the same time, deliver the document and a copy
thereof, to be filed with the written statement.

[Link] VS. SHRIMATI KANCHANA AND NAND KISHORE VS.

OMPRAKASH

Court: AMJM 2

Stage: Execution of Order

NAND KISHORE VS. OMPRAKASH-

Court: AMJM 3

Both the cases were related to Order 39, Rule 1 and Rule 2 and 2-A

Meaning of Injunction: Injunctions are granted by the court to retain the status quo of the case
till the pronouncement of the judgement.

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Order 39- Temporary injunctions
Rule 1- Cases in which temporary injunction may be granted Rule 2- Injunction to restrain
repetition or continuance of breach
Rule 2-A- Which was added by the Amendment Act, 1976, deals with Consequence
of disobedience or breach of injunction.

3. MULCHAND VS. STATE

Court: ADJ 4

The case was about Revision Petition under Section 397 CRPC, 1973 Calling for records to
exercise powers of revision.
The High Court or any Sessions Judge may call for and examine the record of any proceeding
before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of
satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence
or order,- recorded or passed, and as to the regularity of any proceedings of such inferior Court,
and may, when calling for such record, direct that the execution of any sentence or order be
suspended, and if the accused is in confinement, that he be released on bail or on his own bond
pending the examination of the record.
Explanation. - All Magistrates whether Executive or Judicial, and whether exercising original
or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes
of this sub- section and of section 398.
The powers of revision conferred by sub- section (1) shall not be exercised in relation to any
interlocutory order passed in any appeal, inquiry, trial or other proceeding.
If an application under this section has been made by any person either to the High Court or to
the Sessions Judge, no further application by the same person shall be entertained by the other
of them.

4. MEENA CHOUDHARY VS. CHUNNIRAM

Court: Family Court No. 2

Section 13(b): Divorce by mutual consent

Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce
may be presented to the district court by both the parties to a marriage together, whether such
marriage was solemnised before or after the commencement of the Marriage Laws
(Amendment) Act, 1976 (68 of 1976)*, on the ground that they have been living separately for
a period of one year or more, that they have not been able to live together and that they have
mutually agreed that the marriage should be dissolved.

On the motion of both the parties made no earlier than six months after the date of the
presentation of the petition referred to in sub-section (1) and not later than eighteen months after
the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied,
after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been
solemnised and that the averments in the petition are true, pass a decree of divorce declaring
the marriage to be dissolved with effect from the date of the decree.]

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(I) The period of 6 to 18 months provided in section 13B is a period of interregnum which is
intended to give time and opportunity to the parties to reflect on their move. In this transitional
period the parties or either of them may have second thoughts; Suman v. Surendra Kumar, AIR
2003 Raj 155.
The period of living separately for one year must be immediately preceding the presentation of
petition. The expression ‘living separately' connotes not living like husband and wife. It has no
reference to the place of living. The parties may live under the same roof and yet they may not
be living as husband and wife. The parties should have no desire to perform marital obligations;
Sureshta Devi v. Om Prakash, AIR 1992 SC 1904.
The period of six to eighteen months’ time is given in divorce by mutual consent as to give
time and opportunity to the parties to reflect on their move and seek advice from relations and
friends. Mutual consent should continue till the divorce decree is passed. The court should be
satisfied about the bona fides and consent of the parties. If there is no consent at the time of
enquiry the court gets no jurisdiction to make a decree for divorce. If the court is held to have
the power to make a decree solely based on the initial petition, it negates the whole idea of
mutuality. There can be unilateral withdrawal of consent. Held, that since consent of the wife
was obtained by fraud and wife was not willing to consent, there could be unilateral withdrawal,
of consent; Shrestha Devi v. Om Prakash, AIR 1992 SC 1904

5. M/S DURGA SALES VS. PREMRATAN

Court: Special Judicial Magistrate (N.I. Act No. 3) Stage: For evidence

Section; 138 N.I. Act, 1881

Dishonour of cheque for insufficiency, etc., of funds in the account:

Where any cheque drawn by a person on an account maintained by him with a banker for
payment of any amount of money to another person from out of that account for the discharge,
in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because
of the amount of money standing to the credit of that account is insufficient to honour the cheque
or that it exceeds the amount arranged to be paid from that account by an agreement made with
that bank, such person shall be deemed to have committed an offence and shall, without prejudice
to any other provisions of this Act, be punished with imprisonment for a term which may be
extended to two years, or with fine which may extend to twice the amount of the cheque, or with
both:
Provided that nothing contained in this section shall apply unless-

the cheque has been presented to the bank within a period of six months from the date on which
it is drawn or within the period of its validity, whichever is earlier;

the payee or the holder in due course of the cheque, as the case may be, makes a demand for
the payment of the said amount of money by giving a notice in writing, to the drawer of the
cheque, within thirty days of the receipt of information by him from the bank regarding the return
of the cheque as unpaid; and
the drawer of such cheque fails to make the payment of the said amount of money to the payee
or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt
of the said notice.
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Explanation-

For the purposes of this section, “debt or other liability” means a legally enforceable debt or other
liability.

6. STATE VS. PUNIT

Court: AMJM 1 Stage: Evidence

Sections: 323, 341, 354 of IPC, 1860

Section 323- Punishment for voluntarily causing hurt. —Whoever, except in the case provided
for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine which may extend to one
thousand rupees, or with both.

Section 341- Punishment for wrongful restraint. —Whoever wrongfully restrains any person
shall be punished with simple imprisonment for a term which may extend to one month, or with
fine which may extend to five hundred rupees, or with both.

Section 354- Assault or criminal force to woman with intent to outrage her modesty. —
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to
be likely that he will thereby outrage her modesty, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both.

7. STATE VS. PAWAN KUMAR

Represented the Petitioner Informant was Subhash Maru Date of F.I.R was 24/06/2017

Court: MACT (Motor Accident Claim Tribunal)

Brief Facts: In this case the informant was repairing his car on a road, near his house, where
the respondent Pawan Kumar, while driving speedily, hit the informant’s car and the informant
also got injured by the sudden hit. As a result, he filed an F.I.R under section 154 to claim
damages.

Section 154 CRPC: Information in cognizable cases.

Every information relating to the commission of a cognizable offence, if given orally to an

officer in charge of a police station, shall be reduced to writing by him or under his direction,
and be read Over to the informant; and every such information, whether given in writing or
reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof
shall be entered in a book to be kept by such officer in such form as the State Government may
prescribe in this behalf.

A copy of the information as recorded under sub- section (1) shall be given forthwith, free of
cost, to the informant.

22
Any person aggrieved by a refusal on the part of an officer in charge of a police station to
record the information referred to in subsection (1) may send the substance of such information,
in writing and by post, to the Superintendent of Police concerned who, if satisfied that such
information discloses the commission of a cognizable offence, shall either investigate the case
himself or direct an investigation to be made by any police officer subordinate to him, in the
manner provided by this Code, and such officer shall have all the powers of an officer in charge
of the police station in relation to that offence.

Section 173 CRPC: Report of police officer on completion of investigation.

Every investigation under this Chapter shall be completed without unnecessary delay.

(I) As soon as it is completed, the officer in charge of the police station shall forward to a
Magistrate empowered to take cognizance of the offence on a police report, a report in the form
prescribed by the State Government, stating-

the names of the parties;

the nature of the information;

the names of the persons who appear to be acquainted with the circumstances of the case;

whether any offence appears to have been committed and, if so, by whom;

whether the accused has been arrested;

whether he has been released on his bond and, if so, weather with or without sureties;

whether he has been forwarded in custody under section 170.

(ii) The officer shall also communicate, in such manner as may be prescribed by the State
Government, the action taken by him, to the person, if any, by whom the information relating
to the commission of the offence was first given.

Where a superior officer of police has been appointed under section 158, the report shall, in
any case in which the State Government by general or special order so directs, be submitted
through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge
of the police station to make further investigation.

Section 279 IPC: Rash driving or riding on a public way. —Whoever drives any vehicle, or rides,
on any public way in a manner so rash or negligent as to endanger human life, or to be likely
to cause hurt or injury to any other person, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.

Section 337 IPC: Causing hurt by act endangering life or personal safety of others
Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger
human life, or the personal safety of others, shall be punished with imprisonment of either

23
description for a term which may extend to six months, or with fine which may extend to five
hundred rupees, or with both.
Section 183 Motor Vehicle Act, 1988: Driving at excessive speed, etc.—

Whoever drives a motor vehicle in contravention of the speed limits referred to in section 112
shall be punishable with fine which may extend to four hundred rupees, or, if having been
previously convicted of an offence under this sub-section is again convicted of an offence under
this sub-section, with fine which may extend to one thousand rupees.

Whoever causes any person who is employed by him or is subject to his control in driving to
drive a motor vehicle in contravention of the speed limits referred to in section 112 shall be
punishable with fine which may extend to three hundred rupees, or, if having been previously
convicted of an offence under this sub-section, is again convicted of an offence under this sub-
section, with fine which may extend to five hundred rupees.

No person shall be convicted of an offence punishable under sub-section (1) solely on the
evidence of one witness to the effect that in the opinion of the witness such person was driving
at a speed which was unlawful, unless that opinion is shown to be based on an estimate obtained
by the use of some mechanical device.

The publication of a time table under which or the giving of any direction that any journey or
part of a journey is to be completed within a specified time shall, if in the opinion of the Court
it is not practicable in the circumstances of the case for that journey or part of a journey to be
completed in the specified time without contravening the speed limits referred to in section 112
be prima facie evidence that the person who published the time table or gave the direction has
committed an offence punishable under sub-section (2).

Section 184 MV Act, 1988: Driving dangerously.—Whoever drives a motor vehicle at a speed
or in a manner which is dangerous to the public, having regard to all the circumstances of the
case including the nature, condition and use of the place where the vehicle is driven and the
amount of traffic which actually is at the time or which might reasonably be expected to be in
the place, shall be punishable for the first offence with imprisonment for a term which may
extend to six months or with fine which may extend to one thousand rupees, and for any second
or subsequent offence if committed within three years of the commission of a previous similar
offence with imprisonment for a term which may extend to two years, or with fine which may
extend to two thousand rupees, or with both.

8. BHUVANESHWARI JOSHI VS. SURESH KUMAR

Court: Family Court No. 3 Represented the Petitioner

The Petitioner (Respondent’s wife) filed a case asking maintenance from the responded and
during the case the magistrate ordered the responded for paying interim maintenance to the
petitioner but the respondent did not show any interest in paying and ignored the given order
then regarding this the counsel representing the petitioner filed for the recovery of the arrears
under section 123 (3) of CRPC before the magistrate.

If any person so ordered fails without sufficient cause to comply with the order, any such
Magistrate may, for every breach of the order, issued a warrant for levying the amount due in
24
the manner provided for levying fines, and may sentence such person, for the whole or any part
of each month' s allowances remaining unpaid after the execution of the warrant, to
imprisonment for a term which may extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under this section
unless application be made to the Court to levy such amount within a period of one year from
the date on which it became due: Provided further that if such person offers to maintain his
wife on condition of her living with him, and she refuses to live with him, such

Magistrate may consider any grounds of refusal stated by her, and may make an order under this
section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
Explanation. - If a husband has contracted marriage with another woman or keeps a mistress,
it shall be considered to be just ground for his wife' s refusal to live with him.

9. STATE VS. MODARAM

Section 420 IPC: Cheating and dishonestly inducing delivery of property. —Whoever cheats and
thereby dishonestly induces the person deceived to deliver any property to any person, or to
make, alter or destroy the whole or any part of a valuable security, or anything which is signed
or sealed, and which is capable of being converted into a valuable security, shall be punished
with imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine.

Section 406 IPC: Punishment for criminal breach of trust. —Whoever commits criminal breach
of trust shall be punished with imprisonment of either description for a term which may extend
to three years, or with fine, or with both.

Section 467 IPC: Forgery of valuable security, will, etc.—Whoever forges a document which
purports to be a valuable security or a will, or an authority to adopt a son, or which purports to
give authority to any person to make or transfer any valuable security, or to receive the principal,
interest or dividends thereon, or to receive or deliver any money, movable property, or valuable
security, or any document purporting to be an acquittance or receipt acknowledging the payment
of money, or an acquittance or receipt for the delivery of any movable property or valuable
security, shall be punished with 1[imprisonment for life], or with imprisonment of either
description for a term which may extend to ten years, and shall also be liable to fine.

Section 471: Using as genuine a forged document. Whoever fraudulently or dishonestly uses
as genuine any document or electronic record which he knows or has reason to believe to be a
forged document or electronic record, shall be punished in the same manner as if he had forged
such document or electronic record.

Section 120 B: Punishment of criminal conspiracy. —

Whoever is a party to a criminal conspiracy to commit an offence punishable with death,

2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall,
where no express provision is made in this Code for the punishment of such a conspiracy, be
punished in the same manner as if he had abetted such offence.

25
Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an
offence punishable as aforesaid shall be punished with imprisonment of either description for
a term not exceeding six months, or with fine or with both.

10. STATE VS. AMIT YADAV

Section 34 IPC: Acts done by several persons in furtherance of common intention. —When a
criminal act is done by several persons in furtherance of the common intention of all, each of
such persons is liable for that act in the same manner as if it were done by him alone.

Section 363 IPC: Punishment for kidnapping. —Whoever kidnaps any person from 1[India] or
from lawful guardianship, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.

Section 366 IPC: Kidnapping, abducting or inducing woman to compel her marriage, etc.—
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it
to be likely that she will be compelled, to marry any person against her will, or in order that
she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be
forced or seduced to illicit intercourse, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be liable to fine; 1[and
whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or
any other method of compulsion, induces any woman to go from any place with intent that she
may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with
another person shall be punishable as aforesaid].

Section 376 IPC: Punishment for rape. —

2(n) Whoever commits rape repeatedly on the same woman, shall be punished with rigorous
imprisonment for a term which shall not be less than ten years, but which may extend to
imprisonment for life, which shall mean imprisonment for the remainder of that person's natural
life, and shall also be liable to fine.

(3) Whoever, commits rape on a woman under sixteen years of age shall be punished with
rigorous imprisonment for a term which shall not be less than twenty years, but which may extend
to imprisonment for life, which shall mean imprisonment for the remainder of that person's
natural life, and shall also be liable to fine

Section 5 (l) POCSO: whoever commits penetrative sexual assault on the child more than once
or repeatedly

Section 6 POCSO: Punishment for aggravated penetrative sexual assault. -- (1) Whoever
commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment
for a term which shall not be less than twenty years, but which may extend to imprisonment for
life, which shall mean imprisonment for the remainder of natural life of that person and shall
also be liable to fine, or with death.

26
11. STATE VS. SHAMSHAD ALI

Court: Women Atrocities

Section 439 CRPC: Special powers of High Court or Court of Session regarding bail.

A High Court or Court of Session may direct-

that any person accused of an offence and in custody be released on bail, and if the offence is of
the nature specified in subsection (3) of section 437, may impose any condition which it
considers necessary for the purposes mentioned in that sub- section;

that any condition imposed by a Magistrate when releasing an person on bail be set aside or
modified: Provided that the High Court or the Court of Session shall, before granting bail to a
person who is accused of an offence which is triable exclusively by the Court of Session or
which, though not so triable, is punishable with imprisonment for life, give notice of the
application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing,
of opinion that it is not practicable to give such notice.

A High Court or Court of Session may direct that any person who has been released on bail
under this Chapter be arrested and commit him to custody.

Section 143 IPC: Punishment. —Whoever is a member of an unlawful assembly, shall be

punished with imprisonment of either description for a term which may extend to six months,
or with fine, or with both.

Section 328 IPC: Causing hurt by means of poison, etc., with intent to commit an offence.—
Whoever administers to or causes to be taken by any person any poison or any stupefying,
intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with
intent to commit or to facilitate the commission of an offence or knowing it to be likely that he
will thereby cause hurt, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.

Section 354 IPC: Assault or criminal force to woman with intent to outrage her modesty. —
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to
be likely that he will thereby outrage her modesty, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both.

12. STATE VS. BHANWARLAL

Court: MJM No.3

Section 498 An IPC: Husband or relative of husband of a woman subjecting her to cruelty. —
Whoever, being the husband or the relative of the husband of a woman, subjects such woman
to cruelty shall be punished with imprisonment for a term which may extend to three years and
shall also be liable to fine. Explanation. —For the purpose of this section, “cruelty” means—

27
any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or
to cause grave injury or danger to life, limb or health (whether mental or physical) of the
woman; or harassment of the woman where such harassment is with a view to coercing her or
any person related to her to meet any unlawful demand for any property or valuable security or
is on account of failure by her or any person related to her to meet such demand.

Section 406 IPC: Punishment for criminal breach of trust. —Whoever commits criminal breach
of trust shall be punished with imprisonment of either description for a term which may extend
to three years, or with fine, or with both.

Section 323 IPC: Punishment for voluntarily causing hurt. —Whoever, except in the case
provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of
either description for a term which may extend to one year, or with fine which may extend to one
thousand rupees, or with both.

Section 190 (1) CRPC: Subject to the provisions of this Chapter, any Magistrate of the first class,
and any Magistrate of the second class specially empowered in this behalf under sub- section (2),
may take cognizance of any offence-

upon receiving a complaint of facts which constitute such offence;

upon a police report of such facts;

upon information received from any person other than a police officer, or upon his own
knowledge, that such offence has been committed.

Section 41 A CRPC: Notice of appearance before police officer.

Section 41 A (4) CRPC: The Police may arrest if the person does not comply with the notice
given.
Section 41(1)(b)(ii)(v) CRPC: Arrest by police on receiving complaint or has reasonable
suspicion of commission of a cognizable offence

Section 50 CRPC: Person arrested to be informed of the grounds of arrest and if right to bail.
Section 51 CRPC: Person to be arrested must be searched and place in safe custody of the articles
found.

13. SURENDRA KUMAR VS. I.C.I.C.I LAMBORD GENERAL INSURANCE

COMPANY LTD.

Court: Consumer Dispute Redressal Forum

Section 12 of Consumer Protection Act, 1986: Manner in which complaint shall be made. -- (1)
A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any
service provided or agreed to be provided may be filed with a District Forum by--

the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or
such service provided or agreed to be provided;
28
any recognised consumer association whether the consumer to whom the goods sold or
delivered or agreed to be sold or delivered or service provided or agreed to be provided is a
member of such association or not;

one or more consumers, where there are numerous consumers having the same interest, with
the permission of the District Forum, on behalf of, or for the benefit of, all consumers so
interested; or

the Central or the State Government, as the case may be, either in its individual capacity or as
a representative of interests of the consumers in general.

Every complaint filed under sub-section (1) shall be accompanied with such amount of fee and
payable in such manner as may be prescribed.

On receipt of a complaint made under sub-section (1), the District Forum may, by order,
allow the complaint to be proceeded with or rejected:

Provided that a complaint shall not be rejected under this sub-section unless an opportunity of
being heard has been given to the complainant:

Provided further that the admissibility of the complaint shall ordinarily be decided within twenty-
one days from the date on which the complaint was received.

Where a complaint is allowed to be proceeded with under sub-section (3), the District Forum
may proceed with the complaint in the manner provided under this Act:

Provided that where a complaint has been admitted by the District Forum, it shall not be
transferred to any other court or tribunal or any authority set up by or under any other law for
the time being in force.

Explanation. --For the purposes of this section, "recognised consumer association" means any
voluntary consumer association registered under the Companies Act, 1956 or any other law for
the time being in force
Section 15: Appeal.—Any person aggrieved by an order made by the District Forum may prefer
an appeal against such order to the State Commission within a period of thirty days from the date
of the order, in such form and manner as may be prescribed: Provided that the State Commission
may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there
was sufficient cause for not filing it within that period: 4 [Provided further that no appeal by a
person, who is required to pay any amount in terms of an order of the District Forum, shall be
entertained by the State Commission unless the appellant has deposited in the prescribed manner
fifty per cent. of that amount or twenty-five thousand rupees, whichever is less.

29
14. MASJID ABHIYAN SAMITI VS. MOHD. RAMZAN

Court: ADJM (Rent Control Tribunal)

Section 9 the Rajasthan Rent Control Act, 2001

Eviction of tenants. -Notwithstanding anything contained in any other law or contract but subject
to other provisions of this Act, Rent Tribunal shall not order eviction of tenant unless it is satisfied
that, -

the tenant has neither paid nor tendered the amount of rent due from him for four months:
Provided that the ground under this clause shall not be available to the landlord if he has not
disclosed to the tenant his bank account number and name of the bank in the same Municipal
area, in the rent agreement or by a notice sent to him by registered post, acknowledgment due
: Provided further that no petition on the ground under [his clause shall he filed unless the
landlord has given it notice to the tenant by registered post, acknowledgment due, demanding
arrears of rent and the tenant has not made payment of arrears of rent within a period of thirty
days from the (late of service of notice. Explanation. - For the purposes of this clause, the rent
shall be deemed to have been tendered when the sane is remitted through money order to the
landlord by properly addressing the same; 11[or having been deposited with the Rent
Authority;]; or the tenant has wilfully caused or permitted to be caused substantial damage to
the premises; or the tenant has without written permission of the landlord made or permitted to
be made any construction which has materially altered the premises or is likely to diminish the
value thereof; or the tenant has created a nuisance or has done any act which is inconsistent
with the purpose for which he was admitted to the tenancy of the premises or which is likely to
affect adversely and substantially the landlord's interest therein; or the tenant has assigned, sub-
let or otherwise parted with the possession of the whole or part of the premises without the
written permission of the landlord; Explanation: -If it is established that some person other than
the tenant is in the exclusive possession of the whole or part of thepremises, it shall be presumed
that the tenant has either sub-let or parted with the possession of the whole or part of the
premises, as the case may be; or
the tenant has renounced his character as such or denied the title of the landlord and the latter
has not waived his right or condoned the conduct of the tenant; or

the premises were let out for residential purposes but have been put to commercial use wholly or
partially; or

the premises were let out to the tenant for residential purposes by reason of his being in the
service or employment of the landlord and the tenant has ceased to be in such service or
employment; or

(I)the premises are required reasonably and Bonafide by the landlord for the use or occupation
of himself or his family or for the use or occupation, of any person for whose benefit the premises
are held: Provided that where decree of eviction from any premises is sought by the landlord
under clause

, he shall be prohibited from letting out the same to any other person within a period of three
years and in case the premises are let-out, the tenant shall be entitled for restoration of possession
30
on a petition moved by him before the Rent Tribunal and the Rent Tribunal shall dispose of such
petition expeditiously and the procedure as laid down in section 16 shall mutatis mutandis apply;
or (j)the tenant has built or acquired vacant possession of or has been allotted suitable premises
adequate for his requirement; or

the premises have not been used without reasonable cause for the purpose for which they were
let for a continuous period of six months immediately preceding the date of the petition; or

the landlord has been required by any authority under any law to abate the overcrowding of the
premises; or

the landlord requires the premises in order to carry out any building work, - (I) at the instance of
the State Government or a local authority in pursuance of an improvement scheme or
development scheme; or (ii) Because the premises have become unsafe or unfit for human
habitation.

31
 LEGAL ISSUES DEALT WITH
Indian Penal Code, 1860
Section 34 Acts done by several persons in furtherance of common intention.
Section 120B Punishment of criminal conspiracy.
Section 195A Threatening any person to give false evidence.
Section 147 Punishment for rioting.
Section 302 Punishment for murder.
Section 323 Punishment for voluntarily causing hurt.
Section 324 Voluntarily causing hurt by dangerous weapons or means.
Section 328 Causing hurt by means of poison, etc., with intent to commit an
offence.
Section 341 Punishment for wrongful restraint.
Section 354 Assault of criminal force to woman with intent to outrage her
modesty.
Section 354 A Sexual harassment and punishment for sexual harassment.
Section 354 B Assault or use of criminal force to woman with intent to disrobe.
Section 363 Punishment for kidnapping.
Section 366 Kidnapping, abducting or inducing woman to compel her marriage,
etc.
Section 366 A Procuration of minor girl.
Section 368 Wrongfully concealing or keeping in confinement, kidnapped or
abducted person
Section 376 Punishment for rape.
Section 394 Voluntarily causing hurt in committing robbery.
Section 411 Dishonestly receiving stolen property.
Section 419 Punishment for cheating by personation.
Section 420 Cheating and dishonestly inducing delivery of property.
Section 427 Mischief causing damage to the amount of fifty rupees.

Section 447 Punishment for criminal trespass.

Section 467 Forgery of valuable security, will, etc.

Section 468 Forgery for purpose of cheating.
Section 471 Using as genuine a forged document or electronic record.

Section 504 Intentional insult with intent to provoke breach of the peace.

Section 506 Punishment for criminal intimidation. If threat be to cause death or

grievous hurt, etc.
Section 509 Word, gesture or act intended to insult the modesty of a woman.
Section 511 Punishment for attempting to commit offences punishable with
imprisonment for life or other imprisonment.
Table 2.2: Legal Provisions of the Indian Penal Code, 1860

32
Code of Criminal Procedure, 1973
Section 155 Information as to non-cognizable cases and investigation of
such cases.
Section 164 Recording of confessions and statements.

Section 200 Examination of complainant.

Section 311 Power to summon material witness, or examine person

present.
Section 437 When bail may be taken in case of non-bailable offence.

Section 437 A Bail to require accused to appear before next appellate Court

Section 438 Direction for grant of bail to person apprehending arrest.

Section 439 Special powers of High Court or Court of Session regarding

bail

Table 2.3: Legal Provisions of the Code of Criminal Procedure, 19

The Protection of Children from Sexual Offences Act, 2012

Section 4 Punishment for penetrative sexual assault.

Section 6 Punishment for aggravated penetrative sexual assault.

Section 7 Sexual assault

Section 8 Punishment for Sexual assault

Section 16 Abetment of an offence

Table 2.4: Legal Provision of the Protection of Children from Sexual Offences Act, 2012

33
 CHAPTER III
REPORT
INTRODUCTION ABOUT THE INTERNSHIP

A Litigation Internship is much harder than it seems, running errands from photocopying
bundles of documents, making postages to keeping a track of potential matters before the court.
Making briefs, drafting and all the research work just adds to the grill. What keeps us going is
the very fascinating atmosphere of the esteemed court where everyone is always on their foots,
giving their best in whatever, they have to deal with. All the advocates in their black gowns
just collectively give an adrenaline rush through us that this is the ultimate goal of our
professional lives.

The core objective of the internships was firstly to learn the working and functioning of the
court where I have experienced variety of cases which is helpful for students like me who are
keen interested in learning the practical implication of all types of laws. I worked with the
advocates of lower courts to get well versed with the working and functioning of lower courts
and to know Hindi legal terms a bit.

EXPOSURE OF OTHER LAWS ACROSS THE INTERNSHIP

There were various other Acts and Laws other than IPC, CRPC I expose during the internship
period. They are:

Section 7 (1) (a): The Essential Commodities Act, 1955

If any person contravenes any order made under section 3, -
(a) he shall be punishable, —
(I) in the case of an order made with reference to clause (h) or clause (I) of sub-section (2) of that
section, with imprisonment for a term which may extend to one year and shall also be liable to fine,
and
(ii) in the case of any other order, with imprisonment for a term which shall not be less than three
months but which may extend to seven years and shall also be liable to fine:
Provided that the court may, for any adequate and special reasons to be mentioned in the judgment,
impose a sentence of imprisonment for a term of less than three months.

34
Section 12: The Protection of Women from Domestic Violence Act, 2005
1. An aggrieved person or a Protection Officer or any other person on behalf of the
aggrieved person may present an application to the Magistrate seeking one or more reliefs under
this Act: Provided that before passing any order on such application, the Magistrate shall take into
consideration any domestic incident report received by him from the Protection Officer or the
service provider.

2. The relief sought for under sub-section (1) may include a relief for issuance of an order
for payment of compensation or damages without prejudice to the right of such person to institute
a suit for compensation or damages for the injuries caused by the acts of domestic violence
committed by the respondent: Provided that where a decree for any amount as compensation or
damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid
or payable in pursuance of the order made by the Magistrate under this Act shall be set off against
the amount payable under such decree and the decree shall, notwithstanding anything contained in
the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be
executable for the balance amount, if any, left after such set off.
3. Every application under sub-section (1) shall be in such form and contain such
particulars as may be prescribed or as nearly as possible thereto.
4. The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond
three days from the date of receipt of the application by the court.
5. The Magistrate shall endeavour to dispose of every application made under
subsection (1) within a period of sixty days from the date of its first hearing.

Section 138: The Negotiable Instruments Act, 1881

Where any cheque drawn by a person on an account maintained by him with a banker for
payment of any amount of money to another person from out of that account for the discharge,
in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because
of the amount of money standing to the credit of that account is insufficient to honour the
cheque or that it exceeds the amount arranged to be paid from that account by an agreement
made with that bank, such person shall be deemed to have committed an offence and shall,
without prejudice to any other provisions of this Act, be punished with imprisonment for a term
which may be extended to two years], or with fine which may extend to twice the amount of
the cheque, or with both: Provided that nothing contained in this section shall apply unless-
35
(a) the cheque has been presented to the bank within a period of six months from the date on
which it is drawn or within the period of its validity, whichever is earlier;

(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand
for the payment of the said amount of money by giving a notice in writing, to the drawer of the
cheque, within thirty days of the receipt of information by him from the bank regarding the
return of the cheque as unpaid; and

(c) the drawer of such cheque fails to make the payment of the said amount of money to the
payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of
the receipt of the said notice.

ACTIVITIES UNDERTAKEN DURING INTERNSHIP

• Court Proceedings: The work that we were given were much diversified in nature. Every
law student also gets an opportunity to go stand in the court and have something put directly to
the court. The experience is surreal and we should always cherish. Each intern had to report to
the district court from his home and was asked to ensure that the work assigned to him for the
day is done. It primarily included things from taking dates to even going and getting cross-
examination done. It included the fundamental work that is done in litigation. My internship
includes visits to the Court and where I attended Court proceedings. The main task was to
understand how pleading was done, reading the case files and giving my input on the same,
observing the types of cases that come under the lower-level courts, and observing how cross-
examination is to be done.

• Research Work: There was no dearth of research work as we always get a message from Sir
asking us to research upon some point of law or he had given a well-stated fact and then would
ask us to research upon the law and see if we could get decided case law on that. Therefore, I
conducted research and find relevant case laws on a number of issues, I have researched various
facts of procedural and substantive law including the
Constitution of India, the Code of Criminal Procedure 1973, the Indian Penal Code 1860, and
the Juvenile Justice among other facts of law.

36
• Client Counselling: I also participated in client interactions and conferences. Sir holds
meetings in the evening and if has assigned us a case and the client come then we had been
asked to sit and take notes.
Daily Internship Duties:
1. Supporting the lawyers that come into the office and program. Sitting in on meetings,
briefings and appointments and offering required assistance.
2. Organizing list of dates, chronology and case synopsis. Office type organizational work-
photocopying, organizing papers, keeping files in order, organizing the desk.
3. Reading any suggested law related materials for my own benefit.
4. Interacting to various lawyers in our office.
5. Research on judgments that are related to facts of cases
6. I was assigned to read minimum of four case files to learn how files are maintained and how
the records are maintained.
7. I was assigned to observe the proceedings during the examination in chief, Cross
Examination and Final Arguments.
8. Helping clients if possible and if I am able to since I don’t know much about the filed yet.

CHALLENGES FACED DURING INTERNSHIP

1. No prior experience on how to do legal research: This challenge refers to the lack of
prior knowledge or experience in conducting legal research. Legal research involves searching
for and analysing legal information, such as statutes, case law, regulations, and legal literature,
to support legal arguments or decision-making. Interns may face difficulties in navigating legal
databases, understanding how to structure their research, and finding relevant legal sources.
2. Drafting was difficult as we had not learnt it: Drafting in this context refers to the
creation of legal documents, such as petitions, contracts, or legal pleadings. Interns may find
this challenging because they have not received prior training or education on the art of drafting
such documents. The challenge includes understanding legal language, proper formatting, and
ensuring that the documents meet legal requirements and standards.
3. It was a challenge in the early days to operate various court websites: Many courts
and legal institutions have online platforms and websites for accessing case information, legal
documents, and other resources. This challenge relates to the initial difficulties interns may
encounter in navigating and using these websites effectively. It may involve understanding how
37
to search for cases, access court records, and use online tools for legal research and
documentation.
These challenges are typical for legal interns and often require learning and adaptation to the
specific tasks and responsibilities associated with legal work. Overcoming these challenges can
be an integral part of the learning experience during an internship in the legal field.

KNOWLEDGE & SKILLS ACQUIRED DURING INTERNSHIP

• How to draft applications such as for condonation of delay, etc.: Drafting applications for
legal purposes involves the process of preparing formal written requests or petitions that are
submitted to a court or relevant authority. Condonation of delay is a legal term that refers to
the request for an extension of time to file a legal document, typically due to missing a deadline.
Drafting such applications involves outlining the reasons for the delay, legal arguments, and
any supporting evidence or case law to justify the extension.

• How to find out the previous court information pertaining to a case: This involves the
process of locating and gathering information about the history of a legal case. It may include
identifying the lower courts or previous tribunals where a case was heard before it reached its
current stage. This information is essential to understand the case's progression, legal
arguments presented, and the decisions made at earlier stages.

• Exposure to the Practical Applicability of Laws: This point refers to gaining practical
insights into how laws are applied in real-world legal scenarios. It includes understanding how
legal principles, statutes, and case law are used to resolve legal disputes, make legal decisions,
and provide legal advice to clients. This exposure is crucial for law students and legal
professionals to bridge the gap between theory and practice in the legal field.

These points are fundamental to the experience of working in a legal environment and represent
essential skills and knowledge for legal professionals and interns. Learning how to draft legal
documents, operate court websites, retrieve historical case information, and apply laws in
practical situations are key aspects of legal education and practice.

38
 LEARNING OUTCOME
• Importance of Time Management: Time management is the practice of planning and
organizing your tasks and activities to make the most efficient use of your time. In a
professional setting, such as an internship, it's essential to learn how to allocate time to various
responsibilities effectively, prioritize tasks, and meet deadlines. Effective time management
helps in achieving greater productivity and reducing stress.

• Importance of Being Organized: Being organized involves maintaining order and structure
in your work and daily activities. This includes keeping track of important documents, files,
and information, creating to-do lists, and maintaining a tidy workspace. Organization helps you
work more efficiently, avoid mistakes, and ensures that nothing important gets overlooked.

• Ethical Awareness: Ethical awareness refers to the understanding and recognition of ethical
principles and values in a professional context. In a legal or any other professional setting, it's
crucial to be aware of ethical considerations, such as honesty, integrity, confidentiality, and the
duty to act in the best interests of clients. Developing ethical awareness helps in making sound
moral judgments and upholding ethical standards.

• Multitasking: Multitasking is the ability to handle multiple tasks or responsibilities

simultaneously. In a professional setting, it's often necessary to juggle various tasks and
projects. Learning how to multitask effectively involves managing time and priorities, staying
organized, and being able to switch between tasks seamlessly to maximize productivity.

These learnings are valuable not only in an internship but also in various professional and
personal aspects of life. They contribute to one's personal and career development, enabling
individuals to be more effective, ethical, and well-prepared for the challenges they may
encounter.

39
 LEARNING OUTCOMES DURING INTERNSHIP PERIOD
I had a wonderful experience while working with Advocate Arunita Banerjee and Advocate
Subham Khan as an intern. I always heard that it feels great to learn new things and now, I
experienced it. During my internship experience, I became more familiar with the advocate.
Secondly, I got acquainted with functions and responsibilities of the advocate and, of course, got
highly involved in the daily life of our division. I didn’t just learn to do my daily tasks, but also
learn about drafting, as well as its weaknesses and the need for improvement.

On the other hand, I can’t say that this internship was challenging and I had to put a lot of hard
work. A few days after the beginning I started hoping for a wider variety of assignments to keep
myself busy and motivated. What is more, I felt like my work did not matter that much and I could
have put my potential to a better use, but that’s just probably a matter of my ambitions.
Despite the fact that this internship didn’t keep me as much interested as I wished, I admit that there
still is quite a lot to learn, for example, I would like to know more about the proceedings, what
exactly renders them, drafting, as well as more about the argument’s preparations. Another thing
of great value would be to get more familiar with arranging the documents. First of all, I had to get
involved in the work of Juvenile Justice cases issues. Secondly, of Permanent court cases in which
I learn about the conciliation cases of services. I think being a part of such group of people would
be a unique and promising experience.

In review this internship has been an excellent and rewarding experience. I have been able to meet
and network with so many advocates and people that I am sure will able to help me with
opportunities in the future. One main thing I have learned through this internship is time
management skills as well as self-motivation. When I started did not think that I was able to going
sit in an office for eight hours a day. Once I realized that what I had to do I organized my day and
work so that I was not overlapping or wasting my time. I will continue to work hard and learn about
the advocacy skills.

Overall, this internship was a wonderful learning and full with experiences and challenges. Most
significantly, this internship has really motivated me to take a stance and step into the role as an
advocate for juvenile’s rights.

40
 CONCLUSION
I would like to conclude by appreciating the department that conducted internship program as it
gives the student a wider approach and also a practical approach to the things that a student learns
in a law school. This internship has proven to be very helpful to see the real world not only in the
law culture but also, we look at the part of the society we get to know the problems the society is
facing. This internship was an experience for improving knowledge, I have learnt a lot from this
internship like how to deal with burden. How to deal with deadlines. How law is applied in real life
and how it can be manipulated or your words can be manipulative to convince to your thing. It’s
all about your art of expressing yourself. Legal framework is the foundation of our nation and
accordingly we have to guarantee that equity wins. I have now understood through this internship
a lawyer’s life by taking a closer look and experience of such life. This internship has built a respect
for Judges and law in a way more than it was earlier, in my mind and heart and now somewhere I
know what I have to do in my future. I would like to go in the field of judiciary. Internship program
is also good because it is somewhere showing us or guiding us to our interest we want to pursue in
our future. It is basically preparing and guiding us for our future.

Indeed, it was good enough to work with Adv. Arunita Banerjee and Adv. Subham Khan. Under
the supervision and guidance of advocates who helped me expand my perspectives and look the
opposite side of the divider. It will be useful in forming my calling and conveying the best out of
me. This internship has improved my perspectives and the way of taking life. This 1-month
internship has given me a good platform to understand the development process in a real scenario.
I will take the lessons and skills I learned and apply them to my next position.

41
 SUGGESTIONS / RECOMMENDATIONS
Having performing various tasks, I was analysing the issues that emerged, with my observation
and conducting the internship training. I recommend the following to create room for
effectiveness.

To the University
The internship program should be started a lot earlier as every law student needs it, also the
marking scheme should dwell more on the practical rather than the theoretical bit. The
university should put in place an effective communication program that will include the host
supervisors, students and the lecturers of the university and other stake holders like the parents
or sponsors. The program should also continue for the students that are willing to continue and
the university should provide onsite supervision

To the Organization
It should be made part of the organizations policies to get interns to work with the organizations
as well. Though the interns are not employees, they should be given some facilitation since
they also are part of the people doing work for the firm. The interns should also be given access
to the firm facilities in doing their academic work like law reports statutes among others.

To the Future Internees.

To be open minded and ready to learn, also to be flexible, since it is through the work one is
given that they learn. It is also important to get a place of internship where many assignments
will be given to you otherwise some the interns are not given anything to do, since there are
employees for everything.

42
 WEEKLY REPORTS
Week One -
Weekly Progress Report

Name of Student SWARNADIP DAS

Program LL. B
Report Date 06/01/2025
Week Number First
Name & Place of Internship Adv. Arunita Banerjee (City Civil Court, Kokata)
Company
Monday (DD/MM/YY) It was my first day of internship. I reached
06/01/2025 office at 08:30 AM and got introduced to all
the team members and my co-interns. Adv.
Vivek Sharma briefed me about the
structure of courts their powers and area of
jurisdiction and went through the case file
of ‘Mahipal v Manakchand '. In above
mentioned case we represented the
Petitioner, the stage of case is of argument.
Tuesday (DD/MM/YY) Went to the Lok Adalat as the case is 'R.S.V.
07/01/2025 Higher secondary school v electricity board
of Bikaner ‘we represented the respondent
side. Case is of all about the electricity lines
near the school. Seen the proceedings of
various courts like POCSO court, Rent
control. And learned how to check the next
case date, the status and stage of a cases.
Wednesday (DD/MM/YY) In the first day of this week learned how to
08/01/2025 read a case file and make a summary of the
cases. Also learned about various
documents and their names which is
included in the case file such as, the front
page is called 'Sarbarak', plain page for
application is 'pie paper ', other documents
are ‘paratha Patra', 'Shapath Patra(affidavit),
‘hazari nama'. Researched o n t h e three
types of jurisdictions. And on article 227 of
the constitution. Sir made a brief about the
power and position of Additional Prosecutor
officer (APO) and public prosecutor officer
(PPO).
Thursday (DD/MM/YY) Dealt with a case namely ‘Meena
09/01/2025 Choudhary vs. Chuniraam and researched
on section 13 of the Hindu marriage act and
researched on the grounds/ types of divorce.
This case is related to the section 13 clause
(B) of the Hindu marriage act that is the
43
 divorce by mutual consent. Similarly, also
went through case of Kalash Kumar vs
Arpita which also deals with the divorce.
Friday (DD/MM/YY) Researched on the section of
10/01/2025 138 of the Negotiable instrument acts in the
case of M/S Durga sales v Premratan Soni.
In this case we are the council of petitioner
and the learned presiding officer set the
below date for the arguments and for the
copies of documents.
Saturday (DD/MM/YY) Court Holiday
11/01/2025
Summary Statement:
Cases observed in first week are as follows:
1. Nand Kishor v Omprakash
2. Devendra v Shrimati Kanchan
3. Kamala v Manoj
4. Mulchand v state
5. State v Rajkumar

Week Two -
Weekly Progress Report

Name of Student SWARNADIP DAS

Program LL. B
Report Date 13/01/2025
Week Number Second
Name & Place of Internship Adv. Arunita Banerjee (City Civil Court, Kokata)
Company
Monday (DD/MM/YY) Dealt with the case of 'State v Khushal Singh ' at the MJM court
13/01/2025 at the affidavit stage. The MJM also known as munsif deals with
the matter related to the amount up to 2 lakhs. And the matter of 5
lakh and above is being taken by the district judge of that district.
Tuesday (DD/MM/YY) Researched on functioning of district and additional district judge
14/01/2025 both have equivalent power and exercise the jurisdiction on both
original or appellant in both criminal and civil matters. Also
learned how to check the dates and status of case by the virtual
mode through the site of e- court.
Wednesday (DD/MM/YY) Went through the case of 'Mr. Rajesh Kumar vs State' this case is
15/01/2025 related to the section 125 of criminal procedure code which says
the maintenance of wife, children and parents. Also researched
more on this section withe the criteria and exception to the
section and found another landmark judgement of the year 2021
case Rajnish Kumar vs Neha.
Thursday (DD/MM/YY) Today we seen how the advocate deals with the parties, one of
16/01/2025 the parties of case ' Bhuvneshwari Joshi
v. Suresh Kumar’ in this we are the council for petitioner and the
senior advocate make them a brief about all the process and rules

44
 related to the case. This matter of the case is related to the
section 125(3) of CRIMINAL
PROCEDURE CODE which says that if a husband has
contracted marriage with another woman or keeps a mistress, it
shall be considered to be just ground for his wife' s refusal to
live with him. And with this the party also claims for the
maintenance as well as interim maintenance.
We went through another case file named ' State v. Pawan
Kumar ' this case deals with the section 279(rash driving on
public way) & 337(punishment if there is any physical harm to
the human body) INDIA PENAL CODE and also the section
183(punishment applicable for driving at an excessive speed) &
184 (due to dangerous driving if there is danger to the lives of
other person then fine of not less than Rs. 1000/-) of MOTOR
VEHICLE ACT 1988. In this
case we represent the petitioner side which is the state.
Friday (DD/MM/YY) Dealt with two cases the first one is the 'State v. Amit Kumar
17/01/2025 Yadav' in this the council represent the defendant. This case
deals with the section 363, 366, 34, 376(3), 376(2) INDIAN
PENAL CODE and section 5(1) & 6 of POCSO ACT, section
3(2)(v) (va) of SC & ST ACT. The mentioned case is related to
the kidnapping of the minor women with intent of marriage who
belongs to SC&ST community. And another case is 'Narendra
urf Kochu v. Rekha urf Rachna ' this is revision petition case and
section 397 of CRIMINAL PROCEDURE CODE. Here the
petitioner is called as 'Nigrani Karta. The revision is also called
as a 'Protest petition' which means When an aggrieved person or
complainant is not satisfied with the police report which filed
before the concerned court, such person may move the petition
against the negative police report. The final report of police is
done under the section 173 of CRIMINAL PROCEDURE
CODE.
Saturday (DD/MM/YY) Cases of the day are 'State v. Mohammad Ishaq ' deals with the
18/01/2025 section 341(restrain any person), 323(voluntarily causing hurt),
353(assault or criminal force to deter public officer from
discharge of his duty), 509(insulting modesty of women) of
INDIAN PENAL CODE.
'State v. Samsad Ali' application made under section 439
CRIMINAL PROCEDURE CODE and section 376, 354, 143,
328 of INDIAN PENAL CODE. Researched on the various
sections which is related to the case and also learned the
meaning and application of the word ' Significant Bail Bond
which means signed by the defendant and the defendant's
sureties.
Summary Statement:
In this week learned about the court manners, about the various types of documents in the case file.
Dealt with the case related to the divorce under section 13 of Hindu marriage act. Researched on the
section of 138 or NI act and also section 125 of the CRPC. Learned from the senior advocate about
the powers, function and jurisdiction of the courts in both original and appeal matters.
Some other Cases observed in this week are as follows:
1. State v. Punit
2. M/S Denik Bhaskar v. Dilip noulakha
45
 3. Brajamohan ramavat v. State
4. Priyanka v. Navratan
5. Babulal v. Ganesh Purohit
6. Hanuman v. Manish

Week Three -
Weekly Progress Report

Name of Student SWARNADIP DAS

Program LL. B
Report Date 20/01/2025
Week Number Three
Name & Place of Internship Adv. Arunita Banerjee (City Civil Court, Kokata)
Company
Monday (DD/MM/YY) Went to the district consumer forum where every fourth
20/01/2025 week of the month the bench of state forum visits the district
to take the judgement for all the cases which are on appeal
our case was ' Surendra Kumar Purohit v. ICICI Lamborad
insurance company' this case with the section 12 of the
consumer protection act went to the district forum. In this
we are the council of appellant who want the insurance of
the vehicle which has been thefted. But the judgement of
district in 2018 came that the company is not liable for the
insurance payment. So, the appeal done to the state forum
under section 15 of consumer protection act. Another case
we dealt with is the case of ' Hansa Meena v. State of
Rajasthan ' the state is the mayor of Bikaner and its PA. The
application made under section 156(3) of CRIMINAL
PROCEDURE CODE with the section involved are the
section 379, 353, 504 of CRPC with the section 3 of
prevention of damage of public property act 1984 and also
section 3(2)(vii), 3(2) (va),3(1)(r), 3(1)(s) of SC & ST act.
Council represents the petitioner who is at good position in
the Nagar Nigam who claims that the government property
is harmed and misused by the other party and also abused of
the caste as the petitioner belongs to the SC& ST
community. The stage of the case is the progress report of
the police.
Tuesday (DD/MM/YY) Dealt with the case named ' Sudha Devi Daftari v. Nagar
21/01/2025 Nigam' the complaint of the case is made under the
ALTERNATIVE DISTRIBUTE RESOLUTION (LOK
ADALAT) under section 22. In this case the the complainant
has taken the permission for making the residential building
form the Nagar Nigam under Rajasthan Nagal Palika Act
2009. But later the authority claims as a wrongful making of
the building.

46
 Researched on another file is of the case ' Tara Devi v. State
of Rajasthan ' this case is related to the cheating in case of the
property where the defendant who sells the property without
full ownership and the petitioner has a right to claim for the
property due the share in it. The various sections involved
are the 420, 467, 468,471,120(b), 475 IPC.
But revision petition is filed by the petitioner under section
397 CRPC. The stage of the case is in the cognizance which
is under section 190 of CRIMINAL PROCEDURE CODE.
Wednesday (DD/MM/YY) Today dealt with the case of a revision which is under
22/01/2025 section 397 CRPC. The case is of ' State v. Krishna Gopal
Agrawal & others ' under the section 420, 406, 467, 468,
471, 475, 120(b) Indian penal code.
Another case is ' State v. Ashvini Swami ' under section
498(a), 406, 323 of Indian penal code.
Thursday (DD/MM/YY) Court Holiday
23/01/2025
Friday (DD/MM/YY) Went to the family court related to the matters of
24/01/2025 maintenance to the wife under section 125 of CRPC.
Case name ' Sameem Bano v. Mohmmad Abram' under
section 125(3) of CRPC power of magistrate to issue
warrant if maintenance is not given. The amount for the
maintenance of wife and her children were 4000/-. Warrant
issued to the respondent.
Case named ' Ankita v. Yamen Mathur ' maintenance for the
amount of 8000/-. The court has passed the order for giving
maintenance. And the stage of case is execution of the order.
Saturday (DD/MM/YY) Court Holiday
25/01/2025
Summary Statement:
In this week we analyzed various case files and researched many laws which are relevant to the
cases mentioned above. The common laws are the CRIMINAL PROCEDURE CODE, INDIAN
PENAL CODE and other then this are the laws of Motor vehicle act, POCSO ACT, SC&ST ACT,
legal service authority, Prevention of damage of the public property act, Consumer protection act,
Rajasthan Nagar Palika Act. Learned many different laws of different categories and also learned
how to deal with the parties and how to read the facts, order sheet and the judgement of lower court
and how to use the important point in your case.
Some other Cases observed in this week are as follows:
1. State v. Modaram &others
2. M/S Paliwal foundry v. Sahayak abhiyanta, jvvn jodhpur & others
3. Jaiprakash v. State of Rajasthan
4. Santosh v. Lalit urf lalchand
5. State v. Bhanwar Lal

47
Week Four -
Weekly Progress Report

Name of Student SWARNADIP DAS

Program LL. B
Report Date 27/01/2025
Week Number Four
Name & Place of Internship Adv. Arunita Banerjee (City Civil Court, Kokata)
Company
Monday (DD/MM/YY) Went to Permanent Lok Adalat for the case ' Chaturbhuj
27/01/2025 Soni v. United India insurance company ' under section 22
of legal service authority act 1987. The case is basically
about the damage of the vehicle which has been repaired by
the petitioner from the repairing company and there was a
claim for all the damages and expenses that took with the
interest of 24% and with this the expense for the court case
and the suffering that took place.
Also researched on the Order 39 rule 1&2 of Civil Procedure
Code which says the impose of temporary injunction and
is to be read with
section 151 of CIVIL PROCEDURE CODE for the case '
Bharat Kumar Sankhla v. Gaurishankar & others ' under
section 80(2) of CIVIL PROCEDURE CODE.
Tuesday (DD/MM/YY) Researched on the order 41 rule 1 of CIVIL PROCEDURE
28/01/2025 CODE which is to be read with section 151 of CIVIL
PROCEDURE CODE for the case of 'Sanjay Banthia &
others v. Chintamani jain trust ' this is an appeal case and
council represent the respondent side.
Dealt with another case named ' Vijaya Devi v. Ankur Jain '
which is based on section 420, 467, 468, 471, & 120(B) of
INDIAN PENAL CODE. This case is related to the cheating
and fraudulently forgery the property by the son and
grandson of the petitioner. We represent the petitioner.
Wednesday (DD/MM/YY) Dealt with the case file named ' State v. Akbar Ali'
29/01/2025 application of case made under section 437 of CRPC with
section 323 and 341 of INDIAN PENAL CODE which is of
bailable offence and the section 34& 325 of INDIAN
PENAL CODE. The party seek for the bail under the section
323 & 341 of IPC.
Also went to the NI COURT for the case 'Deepak Joshi v.
Rajendra Kumar Garg ' under section 138 of NI act which
says that rebounce of cheque due to insufficient fund.
Thursday (DD/MM/YY) Today we dealt with two case files the first one is related to
30/01/2025 the revision under section 397 of CRPC the name of case is '
Manakchand v. State ' In this case we represented the
Petitioner. The proceedings of the case took place in the court
of District and Sessions Judge and the case is transferred to
48
 the Additional district judge no. 6. Another case named '
State v. Ramchand ' under the section 498 A & 406 of
INDIAN PENAL CODE.
Friday (DD/MM/YY) Researched on the section 24 of Hindu marriage act as the
31/01/2025 case application made under this section for the case 'Pooja
Pareek v. Kishan Tiwari ' petitioner filed the case under
the section 498 A, 406, 323 & 342 of INDIAN PENAL
CODE.
Read a case filed in the court of ADJ 6, which was ‘Pawan
Kumar vs. Anni Debi’. In this case the plaint was filed under
Order 39, Rule 1 and 2, along with section 151 of CPC,
which is related to Injunction. But on the rejection of plaint
by the court, an appeal was made to the DJ court under the
provisions of Order 7, Rule 11 and also an application was
made under section 80(2) of CPC in order to obtain an urgent
and immediate relief without serving any notice.
Saturday (DD/MM/YY) Read the case file named ' Manjeet. Bhanwar' the case filed
01/02/2025 to the consumer dispute redressal forum under section 12 of
consumer protection act. The judgement was in favor of the
complaint so the respondent filed the appeal to the state
forum under section 15 of consumer protection act.
Also learned the different terms contained in the cause list
they are-:
Cr. Reg. Case - criminal regular case
Cr. O. - Criminal origin
Some other Cases observed in this week are as follows:
State v. Ramesh Kumar Bishnoi
Tara Devi v. Deepak & others
State v. Mehul Surana
Narendra Kumar & others v. Rakesh rata

49
50
51
 BIBLIOGRAPHY

 Constitution of India, 1950

 Indian Penal Code, 1860
 Criminal Procedure Code, 1973
 Juvenile Justice (Care Protection of Children) Act, 2015
 Protection of Children from Sexual Offences Act, 2012
 The Negotiable Instrument Act, 1881
 The Protection of Women from Domestic Violence Act, 2005
 The Essential Commodities Act, 1955
Books
 Introduction to the Constitution of India - [Link]
 The Indian Penal Code - Ratanlal & Dhirajlal
 The Code of Criminal Procedure - Ratanlal & Dhirajlal

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