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Internship Diary

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0% found this document useful (0 votes)
28 views31 pages

Internship Diary

Helpful for your college projects. Specially for the Faculty of Law University of Delhi students for there moot court

Uploaded by

shrutimalik3302
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

INTERNSHIP DIARY

MOOT COURT, MOCK TRIAL AND INTERNSHIP

COURSE CODE- 501

LAW CENTRE- II, FACULTY OF LAW,

UNIVERSITY OF DELHI

UNDER THE ABLE GUIDANCE OF SUBMITTED BY –


MR. PRADEEP RAI NAME- ASHUTOSH AGRAWAL
SR. ADVOCATE EXAMINATION ROLL NO.- 22311806192
(SUPREME COURT OF INDIA) SECTION- A
CLASS ROLL NO.-227163

1
TABLE OF CONTENTS

S PARTICULARS PAGE NO.


NO.
1. DECLARATION 3

2. ACKNOWLEDGEMENT 4

3. ACCEPTANCE COPY 5

4. INTRODUCTION 6-7

5. PART A- INTERNSHIP DIARY 8-21

6. PART B- LEGAL DOCUMENTS DRAFTED 22-30

7. CONCLUSION 31

2
DECLARATION

This is to certify that the internship diary which is submitted by me is for the internship
undertaken from October 1, 2024, to October 31, 2024 under the able guidance of Mr. Pradeep
Rai Senior Advocate at the Delhi office of the litigation firm—APN Office. During my
internship period I completed 192 hours, thereby fulfilling the requirement of the Moot Court,
Mock Trial and Internship course for the degree of LL.B. from Law Centre-II, Faculty of
Law, Delhi University. The internship diary comprises only my general work & due
acknowledgement has been made in the text to all material used. Neither the same work, nor
any part thereof, has earlier been submitted to any university for any degree. The names of the
cases I had the opportunity to work on have been changed in compliance with the Non-
Disclosure Agreement I was made to sign at the beginning of my internship period

3
ACKNOWLEDGMENT

It is my proud privilege to express my sincere gratitude to Mr. Pradeep Rai (Sr. Advocate)
under whose able guidance I have successfully completed my internship. I have gained a lot
from the experience of Mr. Pradeep Rai who has over 25 years of standing at the Bar in the
Supreme Court of India. My learning experience has been truly enriching and has helped
develop my interest in the fieldof litigation and an inclination to the practice of law in courts. I
have learnt more about the court craft and polished the necessary skills required in litigation
and arbitration through this internship. I am also thankful to the entire law faculty for the
inspiring guidance, supervision, expert suggestion & encouragement which helped me
understand the law as it is practiced in and outside court.

4
5
INTRODUCTION

This internship diary examines my internship period at APN Office under the guidance of Mr.
Pradeep Rai (Sr. Advocate) . I completed my internship in October 2024 and it was a great
learning experience for me. The internship gave me the opportunity to observe the exchanges
between the bar and the bench and learn about the working of the legal system and courts. I
visited different courts in regard to different matters fixed in courts where I got an
opportunity to observe their working. It was a valuable insight into the actual working of courts
and lawyers. I realised through the process that a lot of preparation goes behind each case from
client counselling to timely listing of the matter, to recording of evidence and preparation for
final arguments. A great deal about planning, counseling, legal drafting, brainstorming, and
record maintenance is taken up by a lawyer to make a good case. I assisted my seniors by
pulling out relevant case laws, court orders, drafting and with research on important legal topics
useful for their matters in hand and also attended court and arbitration proceedings during this
period. The experience has enabled me to hone my drafting and research skills too. With the
permission of Mr. Pradeep Rai, I was able to observe the manner in which client counselling
is done. It was a truly enriching experience to see the functioning of the legal system up close.

I started interning under the guidance of Mr. Pradeep Rai at APN Office from October 1,
2024.The office is located at A -9, Block A, Sector 68, Noida, Basi Bahuddin Nagar, Uttar
Pradesh-201301 From the very first day, I was given an insight into how things work in
practical sphere. I was advised to take note of everything that happens in a court room. Time
management, quick effort with well thought action, meeting with the deadlines and always
being punctual were the few things that I had to take note of. The things I learned during my
internship period can be enumerated as follows:

 Observing client interviewing and counselling


 Drafting of legal documents
 Preparing List of dates and appendices

6
 Observing framing of charges
 Effectively using legal databases
 Observing final arguments

The internship diary gives an account of all the legal work that I undertook during my internship
period. It is divided in two parts

 PART A- It contains the factual and analytical information about the internship. It has
been presented as work undertaken in a date-wise manner.
 PART B- It contains two legal documents that I drafted during my internship.

7
PART A

FACTUAL AND ANALYTICAL INFORMATION ABOUT THE INTERNSHIP

8
DATE: OCTOBER 1, 2024

As it was the first day of my internship, I was asked to reach the office by 10 a.m. Soon after
arriving in the office, the sir’s associates in the office and was made to understand how the
office worked.

Thereafter, Orientation program conducted in the auditorium which is situated at the office
after sometimes Sr. Advocate Pradeep Rai enters the auditorium and introduce himself to all
October month interns there was almost 100 interns enrolled in October month. All Interns
belongs different cities and college. Soon after sir said to intern stand up one by one and
introduce yourself (e.g. City, College) and area of interest. Then Sir asked to intern how
much people is first Generation Lawyer approx. 70 people raise their hand only 30 people
who either 2nd generation lawyer or 3rd generation lawyer.

OCTOBER 3, 2024

I was told to reach the office at given time afterwards sir’s associate already created the WhatsApp
Group where sir’s associate assigned the work each of interns. Sir’s associate sends the Cause list of
October 3rd of the supreme court of India in the WhatsApp Group. Where sir convey the message in
the WhatsApp group that each of one select the case their own choice and make a brief of the case.
Thereafter I select the case Google vs Competition commission of India which is listed on court
number 1 and the item number was 25 that day.

I Representing the case summary given below :-

Facts: - The complainants alleged that Google is dominant in India's market for android-based
smartphones and engages in anti-competitive practices. The Competition Commission of India (CCI)
investigated and found Google guilty of violating Section 4(2) of the Act. As a result, Google was
fined Rs. 1337.76 Crore and ordered to pay the penalty within 60 days.

Decision by CCI: - The Commission found Google engaging in anti-competitive practices by


mandating the pre-installation of its Google Mobile Suite (GMS) on Android devices, which
restricted device manufacturers from uninstalling these apps and limited competition by blocking
market access for rival apps. Google also leveraged its control over the Play Store to protect its

9
dominance in online search and video platforms like YouTube.
To address these practices, the Commission ordered Google to allow device makers the freedom to
choose app placements and prohibited linking Play Store licensing with mandatory pre-installation of
Google apps. Google was also directed not to offer incentives for exclusivity, restrict Android
alternatives, or prevent device manufacturers from using them. Additionally, users must be able to
uninstall pre-installed apps, select their default search engine, and easily adjust settings on their
devices.

Decision By NCLAT: - The National Company Law Appellate Tribunal (NCLAT) upheld the
Competition Commission of India's (CCI) findings that Google abused its dominant position in the
market by imposing unfair conditions on Original Equipment Manufacturers (OEMs) through
mandatory pre-installation of the Google Mobile Services (GMS) Suite and Anti Fragmentation
Agreements (AFA). This conduct was found to violate various sections of the Competition Act, as it
limited OEMs' ability to use or develop alternative Android versions, restricted market access for
competing apps, and strengthened Google’s dominance in online search, Play Store, and video
services.
The Tribunal dismissed Google’s claims of confirmation bias in the CCI's investigation and
confirmed the CCI’s conclusions, noting no violation of natural justice. NCLAT, however, directed
the removal of specific CCI mandates, including: prohibitions against Google denying API access,
allowing users to uninstall pre-installed apps, permitting distribution of alternate app stores via Play
Store, and permitting app distribution through side-loading. Other CCI directions were upheld.

Current Status: - Pending in the supreme court of India

10
OCTOBER 4, 2024
I reached the office at given time afterwards sir’s associate said all the interns that you all come
To the hall which is in ground floor in the office thereafter we all meet mam and name was
(Ewade) mam core work in the office was content writing, photography and publish the
News on the legal current topics. In this regard she created the body and name was ILRF. After she
Introduce herself she said to intern whoever interested in this raise your hand afterwards she only
Selected Those Intern who perform all this task. After that sir’s associate asked intern one by one their
Area of Interest because sir wants to create a group on the basis of the interest. So that intern
Practicing their interested field and familiar with their own group which have similar interest.

OCTOBER 7, 2024
This day work load was less as compared to other day sir’s associate conveys the message
That all interns observe supreme court of India proceedings only so we all interns observe proceeding
All day there was a 17-court room and 1 Registrar court. We use SC Webex link to observe the
Proceeding.

OCTOBER 9, 2024
In October 9 sir’s associate gives the pass of Delhi high court to my all-group member to visit the
Court and observe the proceeding afterwards we all goes Delhi high court and we all discuss prior that
We all observe the proceedings in different court number. I am select the court number 43. Which is
Situated In the new building of Delhi high court I reached before 10.00 Am after I entered the building
My court number situated on the third floor but there was a twist I pick up the Regular matter from
The online cause list of Delhi High Court. when I visit my court number, I saw cause list hanging on the
Door handle where I find that my case name not there that time my situation was very tense just because
my case item was 10. I know if I was not finding in the given time my case gone and also my observation
on that particular case also gone. Then I talked advocate who standing behind me that I was unable to
find my case in the cause list then he saw my pdf cause list file where he was finds that I pick up the
regular matter he was told me that you can’t find your case name in this cause list because firstly court
entertained supplementary matter after advance matter then if time left Honorable Judge Entertained the
Regular matter. When I hear this, I was totally blanked then I go to the judge reader he was told me
Regular matter entertained only Thursday and Friday. Unfortunately, 9th October was Wednesday
Then I pick up the matter of the cause list which is hanging on the door handle my case name
Vijay Faridabad CA first Gupta (petitioner) V. Institute of chartered Accountants of India
(respondent)

11
Case details: This petition relates to the name of petitioner which is not acceptable by the
respondent for the upcoming election.

Facts: The whole case evolves between the two name “Vijay Kumar Gupta to Vijay
Faridabad CA first Gupta”

Delhi High court Passes an Order on different dates: DT (19-09-2024)


CM APPL. 54964/2024(Ex.)
1. Allowed, subject to all just exceptions.
2. The application is disposed of. W.P.(C) 13155/2024,
CM APPL. 54963/2024
3. List this matter on 23.09.2024 to enable learned counsel appearing for the petitioner to satisfy as to
what is the process required to be followed for change of name.

DT (23-09-2024)
1. Heard learned counsel appearing on behalf of the parties for some time.
2. The Court is of the prima facie opinion that unless the parties are fully heard, at this stage, the name
of the petitioner cannot be allowed to be changed from Vijay Kumar Gupta to Vijay Faridabad CA first
Gupta. So far as the difficulty pointed out by the petitioner to the extent of similarity of the name in the
context of the election is concerned, the Court directs learned counsel appearing on behalf of the
respondents to seek instructions as to how such an anomaly can be resolved. To that effect, let the
instructions be sought.
3. List on 27.09.2024.
4. In the meantime, without prejudice to the rights and contentions, the petitioner is granted liberty to
submit the nomination form by his earlier name i.e., Vijay Kumar Gupta and the same shall not be
rejected on this ground

DT (27-09-2024)
1. Pursuant to the interim order dated 23.09.2024, the nomination of the petitioner in the name “Vijay
Kumar Gupta” has been accepted and his name finds place in the list of candidates for election to the
Council of the respondent No. 1– Institute of Chartered Accountants of India from Constituency No. V -
Northern India Regional Constituency.
2. At the request of Ms. Pooja M. Saigal, learned counsel for the respondents, two weeks’ time is granted
for filing of counter affidavit to this petition. Rejoinder thereto, if any, be filed within two weeks
thereafter.
3. List on 06.11.2024.
12
4. It is made clear that the pendency of this petition will not come in the way of the parties attempting to
find a mutually accepted resolution of the dispute that has been raised in the petition.

DT (09-10-2024) (Arguments between petitioner and respondent)


1.Today petitioner counsel rely on the 27-09-2024 order passed on the said court in his favor and also
contended before the court that Article 21 of Indian constitution which states Protection of life and
personal liberty if I was not allowed to changed my name Vijay Kumar Gupta to Vijay Faridabad CA
first Gupta it violates my Fundamental Rights.
2.on the other hand Respondent counsel said before the court that represent some chartered accountant
rule said that only CA prefix allowed not the state name.

Court observation: -
Court observed and said to respondent to rectify their name in the voter list.
At the request of Ms. Pooja M. Saigal, learned counsel for the respondents, grant Two-Four days’ time
for filing of counter affidavit to this petition. Rejoinder thereto, if any, be filed within Two-Four
thereafter.

Remarks:
If we see 27-09-2024 order copy this matter listed on 06-11-2024.
But heard today the petitioner counsel submits the application before the said court relating to urgently
entertained this matter because of the election date of institute of chartered accountants of India held on
06-12-2024 & 07-12-2024

13
OCTOBER 14, 2024

In this day my task to brief the case so I was pick up the case of supreme court of India cause
list and
The case name was: Aditi Chaudhary (Petitioner) V Bar council of Delhi (Respondent)

Case details: This petition challenge the judgement and order passed by the High Court Of
Delhi At New Delhi

Facts: The Whole case based on composition and selection of a member in the General
Body of the Delhi High Court Bar Association

High Court Of Delhi At New Delhi Observation & Held: - Learned senior counsel for the
Coordination Committee as well as President of the Delhi High Court Bar Association state that they
oppose grant of any interim relief. They pray for and are permitted to file their counter affidavits within
four weeks. Rejoinder affidavits, if any, be filed before the next date of hearing.
Mr. Mohit Mathur, President, Delhi High Court Bar Assocation has also drawn this Court’s attention to
the order dated 09th September, 2024 passed by the Supreme Court of India in SLP No. 19941-
19942/2024, wherein the Supreme Court has stayed the orders passed by the Full Bench of this Court.
3. List on 27th November, 2024.

Judgement Date: - 11.09.2024

Supreme court Passes an Order: DT (26-09-2024)

1.Having heard learned senior counsel for the parties, most importantly Mr. Mohit Mathur, learned
Senior Advocate and President of the Delhi High Court Bar Association and keeping in view the
statements at the Bar made, we direct that: (i) Let the meeting of the General Body of the Delhi High
Court Bar Association (in short, the ‘Bar Association’) be held as early as possible but not later than 10
days from today.
(ii) The General Body of the Bar Association shall consider to reserve the post of the Treasurer
exclusively for the women members of the Bar Association.
(iii) In addition to reserving the post of Treasurer for the women members of the Bar Association, the
General Body shall also be free to consider the desirability of reserving one more post of Office Bearer
for women members of the Bar Association.
(iv) Similarly, out of 10 Executive Members, there shall be at least 03 women members. The General
Body may also resolve that out of 03 women members of the Executive Committee, one at least will be a
14
Senior Designated Advocate.
2. Post this matter on 16.10.2024.

OCTOBER 15, 2024

On 15th October we all Group member visit Rouse Avenue district Court and Patiala house court

Again, we all group member prior decided their respectively court room where court proceeding
Happens. Firstly, we all visit Rouse Avenue district court afterwards all members separated
As per decided when I was visiting the premise of Rouse Avenue District Court, I was surprised because
I was never saw district court like this well managed and well Organized earlier, I was worked at Rohini
District Court they not good as much as Rouse Avenue district court in terms of administration. Rouse
Avenue District Court Deals in Industrial matter and labour matter and CBI Matter. I was visited in the
court of Ms. Rekha she was a Presiding officer she heard the one of the Matter which is
Rajendar Kumar v Kumar Brothers and Co. case listed on production of evidence before the court that
day But Respondent Counsel Unable to produce the Evidence in against petitioner counsel who attend
the proceeding on virtual raises the contention before the presiding officer that Respondent Counsel did
not have evidence, they only waste our time nothing else.
In against Respondent Counsel said to the presiding officer give me 4-5 days only I would submit
The document after considers all facts and circumstances by the presiding officer. Passed the order
In Favour of respondent and give the time to the respondent counsel to submit the document.
Earlier Petitioner counsel raised the objection relating this but the presiding officer not grant their
Objection. After I was goes to Patiala house court unfortunately that day most of proceeding not
happened
Because of judges on Holiday.

OCTOBER 16, 2024

I was given a case brief in SEBI (Petitioner) v NSE (Respondent)

Case details: 16 appeals have been filed against a common order dated June 28, 2022 passed by the
Adjudicating Officer (“AO” for convenience) of the Securities and Exchange Board of India (“SEBI” for
convenience) imposing penalties of different amounts against each appellant for violation of Section 12A
of the SEBI Act and Regulations 3 and 4 of the PFUTP Regulations as well as SEBI’s Circulars.
Penalties have been imposed under Section 15HA and 15HB of the SEBI Act and 23H of the Securities
Contracts (Regulation) Act, 1956 (“SCRA” for convenience). The said order has been challenged by the
appellants on different grounds and, therefore, each appeal would be dealt with separately.

15
Facts: The case revolves around allegations of irregularities in the colocation (colo) facility of the
National Stock Exchange (NSE). On October 3, 2015, a complaint was received by the Securities and
Exchange Board of India (SEBI) alleging that Way2Wealth Brokers Pvt. Ltd. (W2W) used Point-to-Point
(P2P) dark fibre connectivity from Sam park Infotainment Pvt. Ltd., an unauthorized service provider.
This unauthorized access reportedly gave W2W a latency advantage, leading to a significant rise in its
turnover between April and August 2015.
In response, SEBI constituted a Cross Functional Team (CFT) to investigate. Following preliminary
findings, SEBI’s Technical Advisory Committee (TAC) recommended further examination through an
Expert Committee. The Expert Committee submitted a report, accepted by the TAC, which advised NSE
to appoint Deloitte Touche Tohmatsu India LLP for a forensic investigation.
SEBI’s detailed investigation aimed to identify violations involving Sampark’s unauthorized connectivity,
collusion between NSE employees and brokers, and the preferential access granted to stockbrokers, such
as W2W, via P2P connectivity.
The investigation into the NSE colocation (Colo) irregularities uncovered serious violations involving
two brokers, Way2Wealth Brokers Pvt. Ltd. (W2W) and GKN Securities Pvt. Ltd. (GKN). It was found
that both brokers utilized Point-to-Point (P2P) connectivity provided by an unauthorized service
provider, Sam park Infotainment Pvt. Ltd., between NSE’s Colo facility and BSE’s Colo center in April-
May 2015. Despite becoming aware that Sam park lacked a license from the Department of
Telecommunications (DoT), the brokers continued using its services.
As a result, SEBI issued two show cause notices on May 22, 2017, and July 3, 2018, seeking explanations
from the brokers regarding the alleged violations. The notices also questioned why regulatory action
should not be taken under Sections 11 and 11B of the SEBI Act, 1992, and Section 12A of the Securities
Contracts (Regulation) Act, 1956 (SCRA).

The Securities Appellate Tribunal, Mumbai Observation and Held: -


Appeal No. 445 of 2022 (NSE):
Penalties of ₹5 crores under Section 15HA of the SEBI Act, ₹1 crore under Section 15HB of the SEBI
Act, and ₹1 crore under Section 23H of the SCRA quashed.
Appeal allowed.

Appeal Nos. 464, 465, and 466 of 2022 (Ravi Varanasi, Deviprasad Singh, and Nagendra Kumar
SRVS):
Penalties under PFUTP Regulations and ₹1 crore under Section 15HB of SEBI Act & Section 23H of the
SCRA quashed.
New penalties of ₹5 lakhs each under Section 15HB imposed on all three.
Appeals partly allowed.
Appeal Nos. 532, 533, and 623 of 2022 (Mohit Mutreja, Parshant Mittal, and Rima Srivastava):
All penalties quashed.
Appeals allowed.
16
Appeal No. 559 of 2022 (Chitra Ramakrishna):
₹3 crore penalty under PFUTP Regulations quashed.
₹1 crore penalties under Section 15HB of SEBI Act and Section 23H of SCRA reduced to ₹25 lakhs each.
Appeal partly allowed.

Appeal No. 482 of 2022 (Way2Wealth Brokers Pvt. Ltd.):


Penalty reduced from ₹1 crore to ₹20 lakhs.
Appeal partly allowed.
Appeal No. 483 of 2022 (M.R. Shashibhushan):
₹1 crore penalty replaced with ₹10 lakhs under Section 15HB.
Appeal partly allowed.

Appeal No. 484 of 2022 (GKN Securities & Ors.):


₹4 crore penalty on GKN Securities quashed.
₹1 crore penalty under Section 15HB reduced to ₹20 lakhs.
₹1 crore penalties on Sonali Gupta, Om Prakash Gupta, and Rahul Gupta quashed.
₹10 lakhs penalty to be paid jointly by the three partners.
Appeal partly allowed.

7. Appeal No. 531 of 2022 (Anand Subramanian):


₹3 crore penalty under PFUTP Regulations quashed.
₹1 crore penalties under Section 15HB and Section 23H of SCRA quashed.
Appeal allowed.
8.Appeal Nos. 843 & 842 of 2022 (Sampark Infotainment & Prashant D’Souza):
₹3 crore penalty on Sampark and ₹1 crore on Prashant D’Souza under PFUTP Regulations quashed.

Additional ₹10 lakhs penalty on Prashant D’Souza under SEBI Act quashed.
New penalties: Sampark to pay ₹25 lakhs and Prashant D’Souza ₹10 lakhs under Section 15HB of the
SEBI Act.
Appeals partly allowed.

9.Appeal No. 540 of 2022 (Netaji Patil):


₹10 lakhs penalty under Section 15HB for SEBI Act violation quashed.
Appeal allowed.
10.Appeal No. 541 of 2022 (Jayant Bhusare):
Penalty quashed.
17
Appeal allowed.
Judgement Date: - 14.12.2023

Supreme court Passes an Order: DT (02-09-2024)


Delay condoned. Issue notice and tag with Civil Appeal Nos. 4273-4286 of 2024, titled “Securities and
Exchange Board of India v. National Stock Exchange of India Limited”.

Notice will be served by all modes, including dasti

OCTOBER 17, 2024

On 17th of October was my incredible day because I was visiting first time supreme court of India
Sir’s associate gave the passes to my all-group member to visit the supreme court of India and observe
The proceedings. After I was received my pass, I reached the supreme court of India at 10:00 Am
When I was entered the corridor of the supreme court of India there was so much curious in the corridor

I wanted to enter the chief justice court also known as court no.1 unfortunately 10:00 am to 12:00 pm
I was unable to enter the court because guard said to me that there was so much crowd their and there
Was no space right now you visit after sometimes after heard this I was visit court number 16 where
Court proceedings happen I was sitted the chair and observe the matter as much as I can till 12:00 pm
Afterwards I was again visiting the court number 1 after 5-10 minutes I got the chance to enter the chief
Justice court that day there was a 3 judges bench including chief justice of India. There was a case
which
Was discuss before the benches and the case name was All India women democratic association v
Union of India the whole case based on Marital Rape which is given section 63 of Bhartiya Nyaya
Sanhita and section 375 of Indian Penal Code. This case heard partially that day because of its
challenged
The constitutional validity of the section 63 and section 375.

OCTOBER 18, 2024

I was given a case file regarding a trademark suit- M/S Piramal India Ltd. v. M/S Mayur
Mart (name changed) The dispute had arisen due to the alleged disparagement through a
video of the trademark of the first party by the second party. On the joint request of parties,
the Saket Court had referred them to mediation.

18
OCTOBER 21, 2024

I was given a case brief in Radha Shetty v. State Of Uttar Pradesh (name changed), regarding
a succession petition where petitioner evidence had to be recorded before the court, however,
the petitioner was residing in USA and was gainfully employed there. On a previous occasion
too he had specifically taken leave from his work and booked the air tickets to record his
evidence as scheduled, however, on coming to know that the Presiding Officer is on maternity
leave since 18.10.2023 to 13.05.2024, the petitioner filed a transfer petition seeking transfer of
the said Succession Petition to any other court for the purpose of recording petitioner evidence,
apprehending that if on petitioner’s arrival to India, the matter is adjourned then his coming to
India will be in vain.

Further, the transfer petition was disposed of and a new Presiding Officer was appointed but
this time it would be very difficult for him to get leave and appear before the Court in India.
Hence, we were to file an exemption petition in this matter so that the Court could allow the
petitioner to appear before it through video conferencing.

I was given to draft the exemption petition for the same.

OCTOBER 22, 2024

I was told to report at the office and given research on maintainability of writ petition from a
judgment or order of a commercial court under the Commercial Courts Act, 2015.

In the evening, a client visited Sir with her father, and I was told to sit in the client counselling
session and observe.

19
The client told that she had married her husband on 14.11.2021 in accordance with Sikh rituals
and customs at a Gurudwara in Gurugram. The wedding was grand and the groom was gifted
expensive jewellery from the bride’s side. Despite all this the groom created a huge scene on
the day of the marriage and loudly shouted in front of all the guests that the marriage was not
being done in a proper manner and that her father was a miser.

At the time of my marriage, her parents had gifted her several gold items as her streedhan. Her
husband and mother-in-law had taken away the same right after her marriage under the guise
of “safe- keeping”. She did not object to the same since she thought they were now her family
and she had no reason to be suspicious of their intentions at that time.

After marriage, her husband started showing his true colours. He unnecessarily used to fight
with her. She told the advocate that her husband and his parents together used to shout at her,
humiliated her on petty things and harassed her. During the second week of December, her
husband insisted that they open a locker in the bank to keep all her jewellery. She agrred to this
idea; however, was shocked when he refused to open a joint locker on the pretext that he didn’t
trust her. marriage. It was during this episode when she realized for the first time that the reason,
she was being misbehaved with was because her husband and his family wanted dowry from
her and her family. Eventually, her husband told her to cut ties with her parents. Her mental
health had deteriorated to these constant spats and foe her well-being she was forced to return
to her parents’ house. At the time when she was leaving, she asked her mother-in-law to return
her streedhan which she had entrusted to her after my marriage. However, she refused to do
the same. As a last attempt to correct the marriage, she had sent her husband flowers which he
returned. Since then, whenever she or her parents have attempted to contact the her husband
and her in-laws, they have evaded the same.

Sir advised them to file a criminal complaint in a women police station for offences punishable
under Sections 406 (Punishment for Criminal Breach of Trust), 498A (Husband or relative of
husband of a woman subjecting her to cruelty) and 120B (Punishment for criminal conspiracy)
of the Indian Penal Code, 1860 on the account of verbal/emotional abuse caused.

Observations

 It is important to make the client welcome and actively listen to all facts and analyse
the situation carefully from a legal perspectives.
 An advocate must be able to separate the non-essential facts from those that are crucial
from a legal standpoint.

20
 It is always wise to explain to the client the whole procedure of what the advocate
intends to do in simple language and step-by-step.
 Client’s approval is necessary before any action is taken. Also, the advocate must in
honest terms lay down before the client his schedule of fees, before proceeding any
further.

OCTOBER 23, 2024

Sir invited me and one other intern to the conference room to attend an arbitration matter in am
construction dispute. The arbitration was at the stage of arguments, where the opposite side
was arguing while Sir and his whole team were making notes of all the points being raised by
the opposing counsel in his arguments. We as interns were also told to be attentive and take
down all the points being made.

After the arbitration session got over, Sir shared his note taking technique with us and apprised
us of all the technical terms used in arbitration matters. He also told us about the kinds of
delays- excusable, non-excusable and neutral delays and the difference between these.

Later, we were also given research on the arbitration matter that we had heard.

OCTOBER 24, 2024

Since Sir was preparing for an upcoming arbitration matter, I was asked to prepare a chart
comparing the clauses of the arbitration agreement referred to by both the sides in the Statement
of claims and Statement of Defence. I was also asked to mark the important pages in the above
documents that showed admission and denial of facts and documents on our part.

I was also given to research on the following propositions:

 Effect of res judicata in arbitration proceedings.


 The principle of patent illegality as read into the concept of public policy under Section
34(2A) of the Arbitration and Conciliation Act,

OCTOBER 25-31, 2024

It’s was office holiday due to Diwali and Chaat Puja.

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PART-B

LEGAL DOCUMENTS DRAFTED

22
LEASE DEED

THIS DEED OF LEASE made on this day of 2024


at

Satinder Singh Bhasin (Lessor) between


JN Foods Pvt. Ltd. (Lessee) residing hereinafter referred to as the Lessor (which term shall
mean and include wherever the context so requires or admits his/their heirs, successors,
administrators, executors, attorneys and assigns)of the One part and BANK
a body corporate hereinafter referred to as the Lessees (which term shall mean and
include wherever the context as admits or requires its successors, administrators and assigns)
of the Other Part represented by its Manager and holder of Power of Attorney dated
Sri , S/o. witnesseth as follows -
WHEREAS, the Lessor/s is/are the owners of the building G r a n d V e n i c e situated at
Block B, Industrial Area, Surajpur Site 4, Greater Noida, Uttar Pradesh
201310 which is declared to be value of Rs. 1,00,80,000 by him /
them and
* WHEREAS, the Ground floor / First floor / Second floor measuring about 1 1 2 0 sq.ft.
(Carpet area) in the said building more fully described in the schedule hereto and hereinafter
called the "Said Premises" was
/ were vacant and ready for occupation and whereas the Lessee being in need of accommodation
for its use and occupation approached and requested the Lessor / s to grant lease in its favour in
respect of the "Said Premises" and whereas both the parties now desired to reduce the terms
into writing and whereas the Lessor / s agreed to grant lease in favour of the Lessee in respect
of the "Said Premises", it is now hereby agreed as follows -

** WHEREAS, the Lessee is a tenant under the Lessor / s in respect of the above building
fully described in the schedule hereto and hereinafter called the "Said Premises" paying a
monthly rental of Rs.
45000 and whereas the Lessor approached and requested the Lessee to pay an enhanced
rental of 5% Annually. whereas both the parties now desired to reduce the terms into writing, it is
now hereby agreed as follows -

1. This lease for purposes of payment of rent and period of lease shall be deemed to have
commenced from

2. This lease shall be in force for a period of 20 years certain from . The Lessee
shall, however, have the option to continue the lease thereafter for a further period

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upto years. The Lessee shall be at liberty to vacate the "Said Premises or
part thereof" at any time during the period of lease on giving month/s notice.

3. The Lessee shall pay to the Lessor/s in respect of the `said premises' a monthly
rental of Rs.45000 (Rupees F o u r t y F i v e
T h o u s h a n d only) for the certain period of lease and a monthly
rental of Rs. 45000 for the option period of lease payable within the fifth working
day of each succeeding calendar month.

4.The Lessee has paid to the Lessor / s a sum of Rs. 35,28,000 only being 45000 month
/ s rent in respect of the ‘said premises' as deposit of rent to be adjusted towards
the rent for
Monthly wise.

5. The payment of all taxes, rates, cess and other levy including penalties, if any,
charged thereon in respect of the `said premises', such as Corporation / Municipal /
Panchayat Tax, Urban Land Tax, etc.,
due to the State Government, Central Government or other local or other civic, including
enhancements and new introductions shall be to the account of the Lessor. The
Lessee shall be at liberty to pay the above tax, rate or cess or other levy including penalties, if any,
charged thereon in case of default or delay by the Lessor and adjust the amount so paid together,
with interest and other incidental expenses from out of rents in respect of the `said premises'
becoming due immediately after the said payment or demand reimbursement of all such
amounts, costs, expenses, etc.
1. The Lessor shall, at his / their own cost, carry out all repairs including periodical
painting of the `said premises'. The periodicity of such painting will be once in 3 - 5 years.
If the Lessor fails to carry out such repairs including periodical whitewashing and
painting, the Lessee may call upon the Lessor in writing to do the same within one
month from the date of receipt of such request and if the Lessor fails to carry out the
same within that time.
2. The Lessee shall have the right to utilise the leased premises or part thereof for any of their
various needs.
3. The Lessor shall grant all rights of way, water, air, light and privy and other easements
appertaining to the `said premises'.
4. The Lessor has no objection to the Lessee in installing the exclusive generator sets for
the use of the Office whether such generator sets are owned by the Lessee or taken on
hire by a Third Party for the exclusive use of the Lessee. Further, the Lessor agrees to
provide suitable space with proper enclosures for installation of generator set free of cost.
5. The Lessee shall have exclusive right on the parking space for parking of the vehicles of
staff members and customers of Lessee and the same shall not be disturbed

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obstructed or encroached in any manner by any persons whomsoever.
6. The Lessee shall have the absolute & exclusive right to use the entire space in
‘said premises’ both outside and inside for making full use of frontages and
the side walls in displaying Lessee’s signboards / advertisements without
any additional charges to the exclusion of third parties. If anybody causes
any intrusion, trespass or encroachment restricting the peaceful enjoyment
of the Lessee over the space which is specifically meant for usage of
the Lessee, the Lessor on receipt of such Notice from the Lessee shall
take all possible legal actions against such violations including criminal
action, if necessary. If the Lessor fails to take legal recourse to remove
such intrusions, trespass or encroachments within one month from the date
of receipt of such Notice from the Lessee, the Lessee shall be at liberty to
take legal action against the violators and recover the cost / expenses
incurred for such removal out of the rent payable to the Lessor or from
any other monies payable to the Lessor.”

7. The Lessee shall have the right to remove at the time of vacating the `said premises', all
electrical fittings and fixtures, counters, safes, strong room door, safe deposit lockers,
partitions and all other furniture put up by it.
8. The Lessee shall be liable to pay all charges for electricity and water actually consumed
by the Lessee during the occupation and calculated as per the readings recorded by the
respective metres installed in the `said premises'.
9. The Lessee shall not make any structural alterations to the building without the information
and permission of the Lessor. However, the Lessee is at liberty and no permission of Lessor
is required for fixing wooden partitions, cabins, counters, false ceiling and fix other
Office furniture, fixtures, electrical fittings, air- conditioners, exhaust fans and other
fittings and Office gensets, etc.,as per the needs and requirement of the Lessee and or
make such other additions and alterations on the premises which will not affect the
permanent structure.
10. The Lessor may at their own cost and expenses construct any additional
structure/additional floor in the building and in which case and if the Lessor decides to
lease out the said additional floors / area, then the first option and offer will be given to the
Lessee and the Lessee shall have the right to take the same on lease on mutually acceptable
terms. And in case of refusal by the Lessee, then the Lessor will be at liberty to lease out the
same to any other party.
11. The Lessee shall hand over possession of the `said premises' to the Lessor on the expiry of
the period of lease fixed herein or on the expiry of the period of option should the Lessee
avail itself of the same and on refund of deposit made by the Lessee, if any, in the same state

25
and condition as on the date of occupation but subject to natural wear and tear due to
ordinary use and lapse of time.

SCHEDULE OF THE PROPERTY


(Here enter the boundaries and other details of premises leased out).
In witness whereof the parties hereto have set their hands hereunto in full agreement of the terms
and conditions set-forth herein above the day and year hereinbefore first mentioned.

WITNESSESS LESSOR / S

(1).

(2). LESSEE

* This para is applicable only while acquiring a premises on fresh lease. Please delete the
immediately succeeding para pertaining to renewal of lease.

** This para is applicable only while renewal of lease. Please delete the immediately preceding
para,

26
LEGAL NOTICE

M/S AMIT AGENCIES


MAHABHAIRAB WARD NO. 15

NEAR MAHABHAIRAB TEMPLE


SONITPUR -784001
Contact No.: 8638248129
Date: 18 Oct 2024
To,
LABHNEEL ENTERPRISE
#102, Suseela road
Doddamavalli,
Bangalore – 560004

RE: LEGAL NOTICE FOR THE BREACH OF CONTRACT

Dear Sirs,
[………….], [……………] of […………….], located at [………………], on behalf of my company, issue
this legal notice to your company, [Recipient Company’s Name], having its registered office at
[Recipient’s Address], in relation to the breach of contract dated [13-03-2024] entered into between our
companies.

Facts of the Case:


Contract Agreement:
On 13th March 2024, a verbal contract was made between M/S AMIT AGENCIES and M/S LABHNEEL
ENTERPRISE, wherein M/S AMIT AGENCIES agreed to purchase goods from M/S LABHNEEL
ENTERPRISE. As per the terms of the contract, an advance payment of ₹10,000/- was made by M/S
AMIT AGENCIES for the agreed goods.

Payment Details:
M/S AMIT AGENCIES fulfilled its obligation by making an advance payment of ₹10,000/- to M/S
LABHNEEL ENTERPRISE on [Insert Date of Payment]. Despite making the full advance payment, M/S
AMIT AGENCIES has not received the goods, which were agreed to be delivered within [Insert Agreed
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Timeframe] from the date of payment.

Non-Delivery of Goods:
Despite repeated verbal reminders and requests, the goods have not been delivered till the date of this
notice. This constitutes a breach of the verbal contract between the two enterprises.

LEGAL PROVISIONS:
INDIAN CONTRACT ACT, 1872
9. Promises, express and implied.
“In so far as the proposal or acceptance of any promise is made in words, the promise is said to be
express. In so far as such proposal or acceptance is made otherwise than in words, the promise is said to
be implied.”
37. Obligation of parties to contract
“The parties to a contract must either perform, or offer to perform, their respective promises, unless
such performance is dispensed with or excused under the provisions of this Act, or of any other law.
Promises bind the representatives of the promisors in case of the death of such promisors before
performance, unless a contrary intention appears from the contract.”
39. Effect of refusal of a party to perform promise wholly
“When a party to a contract has refused to perform or disabled himself from performing, his promise
in its entirety, the promisee may put an end to the contract, unless he has signified, by words or conduct,
his acquiescence in its continuance.”
73. Compensation for loss or damage caused by breach of contract.
“When a contract has been broken, the party who suffers by such breach is entitled to receive, from the
party who has broken the contract, compensation for any loss or damage caused to him thereby, which
naturally arose in the usual course of things from such breach, or which the parties knew, when they
made the contract, to be likely to result from the breach of it. Such compensation is not to be given for
any remote and indirect loss or damage sustained by reason of the breach.”

THE SALES OF GOODS ACT, 1930


31. Duties, of seller and buyer
“ It is the duty to the seller to deliver the goods and of the buyer to accept and pay for them, in
accordance with the terms of the contract of sale.”
32. Payment and delivery are concurrent conditions
“Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that
is to say, the seller shall be ready and willing to give possession of the goods to the buyer in exchange
for the price, and the buyer shall be ready and willing to pay the price in exchange for possession of the
goods.”
57. Damages for non-delivery
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“Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may sue the
seller for damages for non-delivery”

BHARTIYA NYAYA SANHITA, 2023


316. CHEATING (equivalent to 420 of ipc)
“Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to
deliver any property to any person, or to consent that any person shall retain any property, or
intentionally induces the person so deceived to do or omit to do anything which he would not do or omit
if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that
person in body, mind, reputation or property, is said to “cheat”.
Claims and demands:
In light of the breach of contract, M/S AMIT AGENCIES demands the following actions to be taken
within [15 days] from the receipt of this notice:
Immediate Delivery of Goods:
Deliver the agreed goods without further delay, as per the terms of the contract.
Refund of ₹57,000/- (if not delivered):
If the goods cannot be delivered within the stipulated time, refund the full amount of ₹57,000/-
immediately, along with 10% interest per month on the amount, from the date of payment until the
realization of the amount.
Legal Notice Fee:
In addition to the above, M/S LABHNEEL ENTERPRISE is liable to pay a legal notice fee of ₹30,000/-
for the costs incurred by M/S AMIT AGENCIES in sending this legal notice.

LEGAL CONSEQUENCES:
Compensation for Loss or Damages (Section 73, Indian Contract Act): The aggrieved party can sue for
monetary damages caused by the breach, including any direct loss resulting from the non-delivery of the
goods.
Refund of Payment (Section 55, Sale of Goods Act): The party who paid for the goods can file a suit to
recover the amount paid since the goods were not delivered.
Specific Performance (Section 10, Specific Relief Act): The court may order the defaulting party to
perform the contract by delivering the goods as agreed.
Quantum Meruit (Section 70, Indian Contract Act): The aggrieved party may claim reasonable
compensation for the benefit conferred, i.e., recovery of the money paid in advance.
Cheating and Dishonest Transactions
Section 316 of BNS (equivalent to Section 420 of IPC): If one party receives money but fails to deliver
the goods or services as promised with an intention to deceive, they can be charged with cheating. The
legal consequence includes:
Imprisonment for up to 7 years.
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A fine, which can vary based on the court's discretion.

Section 309 of BNS (equivalent to Section 406 of IPC): If the party who received the payment was
entrusted with money specifically for providing goods and misappropriates it, they may face charges for
criminal breach of trust. The legal consequences include:
Imprisonment for up to 3 years.

A fine, as decided by the court.


Section 317 of BNS (new provision): This section targets more specific fraudulent business practices,
where one party dishonestly induces another to part with property or money under false pretenses. The
legal consequence could involve:
Imprisonment, potentially up to 10 years.
A substantial fine to deter fraudulent business transactions.

Legal Fees:
Please be advised that, should this matter require legal proceedings, you will also be liable for my legal
fees and associated costs incurred in pursuing this matter. The legal fees are to be determined based on
the complexity of the case and the time spent.

Other Remedies:
Disputes resolution mechanism.

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CONCLUSION

The internship experience has been an eye-opener for me and has helped me develop a better
understanding of the practical aspects of the legal profession. It has provided me with the
necessary exposure to the application of law to real world issues. It was also fascinating to
observe how the simplest of laws were applicable in the most difficult of situations and how
loopholes leave so much scope for evaluation and improvisation in the field of law. My respect
for the profession has grown manifold looking at how much hard work and time is invested by
an advocate in the preparation of each case. I would like to conclude with a vote of thanks and
express my gratefulness for this experience as well as for the patience shown to go through this
internship diary.

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