LB—602: MOOT COURT, MOCK

TRIAL AND INTERNSHIP

INTERNSHIP DIARY – COURT VISIT

Submitted to:- Submitted by:

Mr. Kailash Jangeer Mehtab Ali

Mr. Harish Jamil 163572
Section - c
Semester - 5th
IIIrd Year

Faculty of Law
CAMPUS LAW CENTER
University of Delhi
Delhi -110007
 DECLARATION

This declaration is made on the 30th JULY 2018 at New Delhi that, this Internship Report
is prepared and drafted by me, under the aegis of Advocate RAJ KUMAR NAGAR

It contains the work that was assigned to me during this internship, and successfully
accomplished from my side.

This report is a sincere attempt at compilation of the aforementioned work. Its submission
is a partial fulfilment of the requirement for the award of Bachelor of Law, (LLB) degree.

This report is the original work prepared by MEHTAB ALI, a Student of CAMPUS LAW
CENTER, FACULTY OF LAW, UNIVERSITY OF DELHI, Semester - V in
fulfillment of requirement for internal assessment under the supervision of my teachers
MR. KAILASH JANGEER AND MR. HARISH JAMIL.

Neither the said work, nor any part thereof has earlier been submitted to any University or
institution for the award of any degree or diploma.

Date: 30th JULY, 2018

MEHTAB ALI

163572

SECTION- C

2
 ACKNOWLEDGMENT

I have received help and encouragement from my parents and number of people in
completing this report and would like to take this opportunity to thank them all.

It is my proud privilege to express my sincere gratitude to Advocate Raj Kumar Nagar

under whose shadow and guidance I have successfully completed my internship.
Mr.Kailash Jangeer and Mr.Harish Jamil under whose scholarly guidance the present
report has been completed. I am also thankful to the entire law faculty for inspiring
guidance, supervision, expert suggestion & encouragement which helped me to tide over
the hardship encountered during study.

INTERN’S NAME

MEHTAB ALI

3
 INDEX

S No. Topic Page No.

1. Declaration 2

2. Acknowledgement 3

3. Certificate of Internship

4 Daily Work - Observing the Proceedings 5-22

5. Drafted Document 24-34

8. Observation 35-36

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DAY 1 : 2nd JULY 2018, MONDAY

Pawan kumar v delhi institute of trauma

Today I visited the court for the first time in DISTRICT CONSUMER
REDRESSEL FORUM ,tehsil building,Tis Hazari court complex.we were
from the plaintiff side and the plaintiff had not appeared and thus I on sirs
behalf seek adjournment for the next date.

DAY 2 : 3rd JULY 2018, TUESDAY

Visit to Tis Hazari Court for the first time. The interns accompanied the
associates to Tis Hazari. We observed the structure of the court. It consists of
56 courts and various branches like the Delhi Legal Aid Services (DLAS)
office, Mediation Centre (3RD floor), the Nazarat Branch (1st floor) that is the
Process Serving Agency and is primarily responsible for the delivery /
execution of various processes issued by the courts at the Tis Hazari and
receiving processes from other districts/ states, the Civil Record Room and
Criminal Record Room and the Copying Agency (3rd floor) among others.

We also managed to meet a Naib Court and enquire about his duties and
functions. He is a police employee and serves as a link between the court and
the police. He described himself as a “daak – peon” or some sort of a postman
– cumpeon and explained that he takes the court summons / notice to the police
station under whose jurisdiction the accused / witness resides and brings the
copy of the FIR and the other documents from the police station to the court.
Therefore, he acts as a very important intermediary in the issue of process in
criminal cases.

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DAY 3 : 4th JULY 2018, WEDNESDAY

We reached Tis Hazari the next day. We first had to go to the courtroom of a
Session’s Judge to see if a witness in one of Mr. Cases was present. The room
was crowded and asking around was futile. We were then informed by another
advocate present that we could gather our information by looking at the Naib
Court’s diary. He is supposed to maintain the record of every witness’
appearance or nonappearance and has to call out witnesses who are present to
take the stand before the judge.

We then proceeded to obtain a certified copy of a divorce decree. To do so,

one has to fill a ‘Civil Certified Copy Form’, got it signed by the Advocate
and party concerned, pay the fees requisite and submit it at the determined
counter at the Facilitation Centre on the ground floor. A certified copy
signifies that it is the true copy of the concerned document as is present in the
record of the court. It has to be specified if the application is ordinary or
urgent. The application also has to state whether the copy is required for
private use or otherwise since the fee for the latter is higher.

DAY 4 : 5th JULY 2018, THURSDAY

R.N. MARDA V TPDDL INSTITUTE

Today we visited district Consumer Redressed Forum, Tehsil Building,

Shalimar Bagh. We were from the plaintiff side but plaintiff did notappeared
and thus I on behalf of sir ask adjournment.

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DAY 5 : 6th JULY 2018, FRIDAY

MAMTA JOSHI V RAM KALI & OTHERS

Today the matter was under section14 (1) (e) read with section 25B of Delhi
Rent Control Act for the eviction of the rented premises. The matter was
under discussion .Next date was given.

DAY 6 : 7th JULY 2018, SATURDAY

Since today was Saturday the day was spent at the office by going through
the files. We were also given vakalatnama. Its format is quite similar to that
of a power of attorney.

DAY 7 : 9th JULY 2018, MONDAY

We reached Tis Hazari around lunch to obtain further information, this time
regarding the issue of process. The Alhmed at the courtroom of the same
Sessions Judge as the previous day. He told us that the procedure for issue of
process is markedly different in civil and criminal cases. In civil cases, a
Process Fee (PF) is to be paid for the issue of process to defendants, witnesses
or any other person required to be presented in the court by the party who
wants to summon the other party witness. It is also called Fard Talwana. Such
a party is required to fill PF form.

The situation is different in criminal trial. The PF has to be paid only in

noncognizable cases. The Alhmed maintains a diary of PF in all cases (civil
& criminal) except those of cognizable offences. In such matters, the police
are tasked with delivering the summons to the accused or witnesses.

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Simultaneously, the Alhmed has to send the investigating officer of a case a
notice to appear before the court.

Some helpful advocates also showed us the ‘Facilitation Centre’ where forms
to obtain certified copies of court documents are submitted and copies
collected. The Filing Counter is also located in the vicinity of the Facilitation
Centre.

DAY 8 : 10th JULY 2018, TUESDAY

Visit to the court of Mr. Rakesh Kumar, Metropolitan Magistrate, Tis Hazari
in the matter of North Delhi Municipal Corporation v. Chandan Singh. A
challan was issued by officials of the corporation to Mr. Chandan Singh on
finding standing water breeding mosquitoes on his property. The challan was
issued in accordance with byelaws 3, 8, and 11 of the Delhi Municipal
Corporation (Malaria and other Mosquito Borne Disease) Byelaw, 1975. The
corporation could not adduce any evidence to back up its case and Mr. Singh
had to be let off without any penalty.

The judge criticized the shoddy investigation of the concerned authorities. We

then reached the court of Dr. T.R. Naval, District and Session Judge,
Karkardooma Court and watched proceedings in Ashwini Kumar Aggarwal v.
The Commissioner which was a suit for recovery of Rs. 4, 09,174 /with an
interest of 24% per annum. The defendant had failed to pay the plaintiff
contract for his services. The judge decided the matter against the defendant
but adjourned the hearing over rate of interest.

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DAY 9 : 11th JULY 2018, WEDNESDAY

Visit to Tis Hazari Court. The interns could barely watch the proceedings as
the court was crowded and the small courtrooms were not spacious enough to
accommodate everyone. In addition, the interns are usually mainly tasked with
transporting files from one court room to another.

1. We had to wait till lunch time to gain some useful information. Once
the crowd had retreated, every advocate/ officer of the
court/policeman/peon was helpful and eager to guide law students who
would very soon join the fraternity. We first contacted the Alhmed in
the court of a Sessions Judge and asked him to give us an overview of
his functions. The Alhmed ensures that all case files are kept in an
almirah kept behind him, except those fixed for the day or which are
being inspected or in which compliance of some orders, including issue
of processes is to be made. An Alhmed is therefore responsible for the
safe custody of records. We had a number of questions that were left
unanswered because the Alhmed had to arrange files for the post lunch
session.

2. After that day spent at the office going through numerous case files.
Saw the manner in which documents are arranged – 1. Urgent
Application 2. Memo of Parties 3. Court Fee 4. Plaint 5. Interim
Application 6. Application for Exemption for filing of the Original
Documents 7. List of Documents 8. Vakaltnama our associates asked
us to prepare a list of Dates and the list if witnesses by the plaintiff.

The latter has four columns1. S.No. 2. Full name and complete address 3. Facts
caught to be proved by the evidence of witnesses. 4. Documents sought to be
proved by the Evidence of witness.

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DAY 10 : 12th JULY 2018, THURSDAY

We visited the Tis Hazari Court to observe arguments the matter of Mira
Kulkarni v. Rajiv Choudharie. The suit property was owned by Ms. Kulkrani
and her sister. The defendant was a builder in Delhi unbeknownst to her sister;
Ms. Kulkarni promised to sell the entire property to the builder and received
a token amount of Rs. 2 crore from him. He gave her papers which were blank
otherwise but only contained his signatures so that the plaintiff could fill in
the terms of the agreement to sell to suit her convenience. However, she failed
to convince her sister to sell her share in the property. But it was not the builder
who filed the suit. The plaintiff claimed that she was willing to return the
money and the builder was refusing to accept it solely to harass her and extort
money that he had paid to her. On being acquainted with the facts, even the
Hon’ble judges remarked that the plaintiff’s behaviour in accepting blank
documents was peculiar and that she should have sensed that something was
amiss. The matter was then adjourned and listed for May 2017.

DAY 11 : 13th JULY 2018, FRIDAY

In another case listed at Tis Hazari Court the matter was put up for final
arguments. The case had been pending since 12 years. The case relates to an
accident by a truck which collided with two cars at a red light and the
occupants of the cars were injured. I observed that virtually no opportunity is
given to the public prosecutors to raise final arguments in petty offense cases.
The judge listed the matter to a later date for pronouncement of the judgement
and asked us to get bail bonds on that date irrespective of whether the accused
would be acquitted or convicted. This was required to ensure the presence of
the accused in case the State files an appeal and the appellate court reverses

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the judgement of the trial court. I was asked to check if the certified copies for
which we had applied are available or not.

When I went to the concerned persons (the copying section of the court,
Alhmed Court, Reader of the Judge), I got to know that the orders were still
not ready despite the fact that a period longer than stipulated time had lapsed.
This was an impediment to further recourse which had to be taken in the case,
as the certified copy was urgently required, but was not available because of
the official delay.

DAY 12 : 14th JULY 2018, SATURDAY

We visited Tis Hazari the first case was listed before the Administrative Civil
Judge and was related to an inheritance suit and a subsequent will probate suit.
An application under Section 10, C.P.C. was filed to stay the subsequent suit
since the matter was subjudice. The judge allowed our application and stayed
the suit.I got to know that the matters which are listed before the ACJ relate
to Will, Probate, Letters of Administration, etc.

The next case was related to the tort of malicious prosecution filed against few
Delhi Police personnel. Neither the plaintiff nor the counsel for the plaintiff
was present and only the plaintiff’s father was present to seek an adjournment
in the matter by requesting us to do it instead. The court after perusal of the
previous record of the case found out that the plaintiff had been seeking
adjournments for

one or the other reason and is taking the case in lack adaisical manner by not
appearing before it. The court decided to impose a cost of Rs. 3000 to be paid
to

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each of the defendants. However, on realising that there are 4 defendants in
this case and the cost would be a burden on the plaintiff, the cost was reduced
to half. After that we visited the courtroom of a Session Judge to see if a
witness in one of Cases was present. The room was crowded and asking
around was futile.

We were then informed by another advocate present that we could gather our
information by looking at the Naib Court’s diary. He is supposed to maintain
the record of every witnesses appearance or nonappearance and has to call out
witnesses who are present to take the stand before the judge. We then
proceeded to obtain a certified copy of a divorce decree to do so, one has to
fill a ‘Civil Certified Copy Form’, get it signed by the Advocate and party
concerned, pay the fees requisite and submit it at the determined counter at the
Facilitation Centre on the ground floor. A certified copy signifies that it is the
true copy of the concerned document, as is present in the record of the court.
It has to be specified if the application is ordinary or urgent. The application
also has to state whether the copy is required for private use or otherwise since
the fee for the latter is higher.

DAY 13 : 16th JULY 2018, MONDAY

This time we visited to the Karkardooma Court. The Metropolitan Magistrate

there was Ms. Nabeela Wali. We observed the proceedings in the matter of
M/S Asian Tex Export v. M/S Studio H. The trial was based on a complaint
registered under section 138, read with section 147 and section 142, of The
Negotiable Instruments Act 1881. The latter was the accused maker of 5
dishonoured cheques. Since the accused failed to appear before the court
despite repeated summons, the Metropolitan Magistrate issued a bailable
warrant against the representative of the accused partnership firm. We then

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moved to the court of Mr. Anurag Saini, Additional District Judge,
Karkardooma. The matter was titled GK Saxena v. DK Saxena, and was a suit
for possession, permanent injunction and recovery of manse profits. The
plaintiff, who is the father of the defendant, claimed that the property under
the defendant’s possession was rightfully his. The plaintiff had enlisted his
sister as a witness and she appeared on this date for cross examination. During
cross examination, she admitted that the flat in question was not her father’s
self-acquired property but was coparcenary in nature. Therefore, her brother
could not be disentitled.

DAY 14 : 17th JULY 2018, TUESDAY

STATE V MANORANJAN DESAI

The matter was under section 420ipc which says cheating &dishonestly
inducing property. The magistrate was on leave and thus the reader was
giving the next date.

DAY 15 : 18th JULY 2018, WEDNESDAY

Did not visit the court but worked with the office itself. We were tasked with
drafting a plaint for defamation under section 500, Indian Penal Code, 1860
in the matter of LT. COL. HARJOT SINGH PELIA v. SHILPI ROY & ANR. The
drafted plaint in its final form is attached in Part B of this project.

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DAY 16 : 19th JULY 2018, THURSDAY

SMT. SWEETY V SHRI JOGINDER SINGH

The matter was under section 406 punishment for criminal breach of trust .
The complainant also had another matter for divorce going against them.

DAY 17 : 20th JULY 2018, FRIDAY

Visit to the court of Ms. Manika, Metropolitan Magistrate (Mahila Court) at

Tis Hazari. The complainant was the wife of accused. She alleged regular
beatings after the accused consumed alcohol. The court ordered the police to
investigate the matter further and the hearing was adjourned.

The next hearing we witnessed was in the court of Mr. Hem Raj Additional
Civil Judge, Tis Hazari in Arushi v. The State and Ors. The case related to an
application for succession certificate under Section 372 of The Indian
Succession Act, 1925. She was a class I heir but her legitimacy was being
challenged by the deceased’s brothers and sisters, who were class II heirs.
Observed the final arguments of both parties. The court held that there were
no impediments to the granting of a succession certificate to the applicant.
Went through the application filed by the applicant. It was riddled with errors,
something which evens the court noted. It is unfortunate that despite paying
astronomical sums, litigants do not often receive quality legal service from
counsels.

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 In the court of Sh. Hem Raj, Additional Civil Judge, Tis Hazari Court, DELHI

ARUSHI

v.

THE STATE AND ORS.

Date: 16.02.2018

Petition filed by the Ms. Arushi, aged about 28 years under Section372 of
Indian Succession Act on 26.08.2015. In this case petitioner Ms. Arushi is the
daughter of Late Sh. Dinesh Kumar Sharma. In the matter of grant of
succession certificate of the debts securities etc. of the deceased Sh. Dinesh
Kumar Sharma under Section372 of Indian Succession Act.

FACTS:

It is submitted that deceased Sh. Dinesh Kumar Sharma died on 23.07.2004 at

AIIMS and petitioner is the only daughter of her deceased father and comes
under the category of Class I legal heirs. Also respondent no.2 to 5 are the
brothers and sisters of the deceased and comes under the category of class II
legal heirs. No impediments in the grant of succession certificate in favour of
the petitioner by the other legal heirs i.e. respondent no.2 to 5. Plaintiff has
demanded partition in the property Bearing No.57D, kamla Nagar and the
funds of her father. It is submitted that plaintiff born out of the wedlock of
Dinesh and Rukmani Sharma, also they have divorced by way mutual consent.
Hence she is the lawful legal heir of deceased. Respondent no.7 superintendent
from Bara Hindu Rao Hospital acknowledges and agrees that deceased was
their employee and all the service benefits of late Dinesh Kumar Sharma, Ex
ward boy have already been released in favour of Smt. Shankuntla Sharma,
mother of deceased in year 2005 and 2008 in accordance of nomination form

15
filled by deceased during his lifetime and as such petition for grant of
succession certificate cannot be filled at such belated stage. As per the records
of hospital, Sh. Dinesh Kumar Sharma was unmarried and he had nominated
his mother for his provident fund and other terminal benefits and as such the
present petition is not maintainable and is liable to be dismissed. On
16.02.2018 the case is for the final arguments. Both parties submitted their
arguments before the court and plaintiff pleaded for granting succession
certificate and her share in the name of her father. Next date given for the
purpose of order on 23.02.2018.

DAY 18 : 21st JULY 2018, SATURDAY

Visit to the court of Ms. Ekta Gauba, Additional Rent Controller, Tis Hazari
in the matter of Mrs. Vimla Saraswat v. Mrs. Sushila Devi. The petitioner had
moved an application for eviction of the tenant under section 14(1) (b) of the
Delhi Rent Control Act, 1958 on the ground that the tenant had sublet the
premises. The petitioner was supposed to be cross examined but this could not
happen due to the paucity of time. We proceeded to the court of Mr. Harun
Pratap Civil Judge, Tis Hazari for the matter of Delhi Bar Association v. PWD.
This is a suit for permanent injunction.

The plaintiff claimed that the land in question, that was being used as a parking
lot, would be used by the defendant to construct statute of Maharaj Agrasen,
thereby affecting public interest. The case was adjourned without any
arguments being presented.

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In the court of Ms. EktaGauba, Additional Rent Controller, Tis Hazari
Courts,

DELHI.

SMT. VIMLA SARASWAT

v.

SMT. SUSHILA DEVI

(Suit no: 79567/18)

Date: 17.02.2018

In this case eviction petition is filed on 19.10.14 by petitioner Smt. Vimla

Saraswat w/o Sh.Chander Mohan Saraswat against the Smt. Sushila Devi.
Application for eviction of tenant under Section14 (1) (b) of Delhi Rent
Control

Act, 1958 made by petitioner in which it is submitted that the property

addressed as 20/61, Shakti Nagar, Delhi110007 is a shop located in
nonresidential premises and respondent has sublet the premises and now 3
other persons are working in the shop.

FACTS:

In this case the submitted grounds for eviction includes that petitioner is the
owner of the tenanted shop. The property was owned by father of petitioner
Shri Kanhahiya Lal who died on 20.08.1922 of shop in question fall into the
share of the petitioner along with other portion of the property.

Shop was given on rent to the respondent and at the time of inspection in May
there were 2 or 3 persons other than Raghubir were running the shop and when

17
the inspector asked them their names they told that their name are Imran Khan
and Rajesh also on further enquiry they admitted that they are inducted tenants
in the shop. Petitioner in this case prayed that eviction may kindly be passed
in the favour of the petitioner and against the respondent with respect to the
shop in question. Eviction petition filed under Section14 (1) (e) read with
Section25 (B) of Delhi Rent Control Act, 1958 but respondent submits that it
has to be under Section14 (1) (b) of DRC Act.

It was submitted by the respondent in earlier proceedings that petitioner is

abusing the law and petition filed with ulterior motives to harass the
respondent who is an old widow lady, she has never sublet or assign with the
possession of the suit property to any person at any point of time and shop is
in exclusive control of the respondent only who is running barber shop there
also it was agreed that 2 persons working in the shop are employed by the
respondent and they work for her only and are not having any possession on
the property, hence the petition is liable to be dismissed.

Presently respondent is paying current rent rate 300/per month exclusive of

electricity charges initially rent rate used to be 35/per month exclusive of
electricity charges. Today, on 17.02.2017 the matter is for the cross evidence
of the petitioner. Petitioner and respondent both are present with their counsels
but due to the shortage of time and court staff the matter adjourned for next
date i.e. 24.03.2018.

DAY 19 : 23nd JULY 2017, MONDAY

Did not visit the court but worked with the office only. We were tasked with
drafting an application under Sec 151 of Code of Civil Procedure, 1908 in the
matter of MANOJ KUMAR ARYA v. LALIT SHARMA. The drafted
application in its final form is attached in Part B of this project.

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DAY 20 : 24th JULY 2018, TUESDAY

Since it was a Saturday, the day was spent at the office, going through
voluminous files. In one such case, we noticed that Mr. Had filed an
application for the appointment of a local commissioner under Order XXVI
Rule 9 of the Code of Civil Procedure 1908. The matter was titled Mira
Kulkarni v. M/S Rajiv Choudharie (HUF) & Anr. Order XXVI Rule 9 has to
be read with section 75 of Code of Civil Procedure 1908. The associates
informed us that they wanted a Local Commissioner to be appointed for
inspection of the dispute portion of the land and to evaluate the property. He
has to then submit a report on the basis of which further proceedings take
place.

The Local Commissioner is not a judge and cannot adjudicate on a dispute.

We researched and found a case, namely Haryana Waqf Board v. Shanti Sarup
(2008) 8 SCC 671 where it was held by the apex court that a Local
Commissioner could be appointed for clarifying the physical features of the
suit property even in a suit for perpetual injunction and not just cases of
partition. Sir cited this to us and asked us to look for more precedents.

DAY 21 : 25st JULY 2018, WEDNESDAY

We were asked to work from the office and look at files with transcripts of the
examination in chief and cross examination. We noted that on account of an
amendment to Order 18 Rule 4 of CPC, the only mode of examination in chief
is through filing affidavits that are titled ‘Affidavit in lieu of examination in
chief.

Such an affidavit also has to be filed after the cross examination of witnesses.
However, it is only in the case of chief examination that courts are denied the

19
opportunity to appreciate and assess the demeanour of witnesses since it is not
conducted in their presence. But the court can do so during cross examination
and re-examination. Also clarified that the important task of examining and
cross examining witnesses could not be delegated to Local Commissioners,
who just have to record evidence. The courts justifiably and robustly retain
such aspects of the trial exclusively for themselves. Also, appointment of a
Local Commissioner is not a matter of routine. Faith in the judicial
adjudicatory process is affirmed and enhanced when litigants observe the
conclusion of proceedings in the court and return with the impression that a
fair and equitable procedure had been adopted.

DAY 22 : 26nd JULY 2018, THURSDAY

At the office, the interns were told to come for client counselling in a divorce
case. The woman/wife had decided to file for divorce. She did not allege any
cruelty or other matrimonial faults for seeking divorcee but explained that she
wished to end her marriage due to issues of compatibility. She claimed that
she had lived with her husband for only two out of the five years for which
they were married. Since she was not accusing her spouse of any fault, told us
that we would have to look beyond the ambit of the Hindu Marriage Act, 1955,
and research on judicial precedents for divorce on grounds of irretrievable
break down of marriage.

We found a handful of cases on the above mentioned point of law, namely

Anil Kumar Jain v. Maya Jain, Ashok Hurra v. Rupa Hurra, Chandrakala
Menon v. Vipin Menon and Samar Ghosh v. Jaya Ghosh wherein the Supreme
Court, in exercise of its power Under Article 142 of the Constitution granted
decree of divorce on account of irretrievable breakdown in order to meet the
ends of justice. But in each of these judgements, it reiterated that this

20
extraordinary power in not available to the High Court and must be resorted
to only in exceptional circumstances.

DAY 23 : 27rd JULY 2018, FRIDAY

Helped the associate’s research case law on cases of dowry death. Was giving
legal advice to the parents of the deceased wife. The accused husband had
been convicted under section 304B of the Indian Penal Code but was seeking
to get his offence compounded if the deceased wife’s family members agreed
to it. Fortunately, we located a judgement with facts very similar to those that
had been given to us in Narayani Gautam & Ors. v. State. It was a decision of
the Delhi High Court from November 5, 2009. The accused had filed an
application for quashing of the FIR against him under section 482 of the Code
of Criminal Procedure 1973 (inherent powers of the High Court) due to
compounding of certain offences does not come in the way of the HC quashing
an FIR / Criminal complaint. But the nature of the offence alleged to have
been committed must be kept in mind. Since dowry death is a heinous social
evil, a compromise will only embolden the perpetrators of such crimes. Thus,
the judges wisely decided against such compounding.

The interns were asked to help the associates gather case law for arguments
before the National Consumer Dispute Redressal Commission. The facts of
the case were that the complainant had filed a complaint against the
manufacturer of a BMW as well as its retailer for an inherent manufacturing
defect. The State Commission had held the Opposite Parties liable to pay
compensation for the defect. However, a dispute had arisen about who
between the two parties would shell out the compensation.

The answer to this issue was found in the apex court judgement of Hindustan
Motors Ltd. v. Shiva Kumar (2000) 10 SCC 654. The judgement was applied

21
in the National Commission’s Order in the matter of Ess Pee Automotive Ltd.
v. SPN Singh (decided on 12.12.2014) therefore, as per precedent, it is
established that for manufacturing defects in the vehicle, the dealer could not
be held liable. The warranty of the vehicle is provided by the manufacturer
and the defects quoted by the complainant were directly remitted to the
warranty policy given by the manufacturers who failed to rectify the defect.
Hence the position was clear in law.

DAY 24 : 28th JULY 2018, SATURDAY

Today was the last day of my internship with not much of work left for this
day. I followed Sir to the Court where the matter titled P.S. Gill v. Union of
India was listed. The case was concerned with corruption. I finished synopsis
of the case files I was reading during the week. After finishing the synopsis,
sir called me and presented me my certificate of internship. He asked me about
my experience working under him to which I felt grateful. After this, I
received a certificate from, thereby wrapping up a wonderful experience and
I had a wonderful month of learning and observing things in the court.

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LEGAL DOCUMENTS

DRAFTED DURING THE

INTERNSHIP

23
 IN THE COURT OF METROPOLITAN MAGISTRATE, TIS HAZARI AT

NEW DELHI

(SUIT NO. _____ / 2018)

IN THE MATTER OF

LT. COL. HARJOT SINGH PELIA ..........PLAINTIFF

VERSUS

SHILPI ROY & ANR. …....DEFENDANTS

SUIT FOR DEFAMATION UNDER SECTION 500, INDIAN PENAL CODE, 1860

MOST RESPECTFULLY SHOWETH:

1. That the Plaintiff is serving in the Corps of Electronics & Mechanical

Engineers of the Indian Army as an Lieutenant Colonel in his present
posting. He enjoys a reputation of unblemished integrity and honest
throughout his professional career till date. In recognition of his
services to the Country the Plaintiff was awarded a special
commendation from the Chief of Army Staff in the year 2014. It will
not be out of place to mention here that considering ability and
integrity, the Plaintiff is due to appear for the promotion board shortly.

2. That the Defendant No. 1 is well acquainted with the Petitioner

through common friends since 2003 as the wife of Defendant No. 2
(Lt. Col Aveek Dey) who was also enrolled with the Petitioner during
Degree Engineering Course. It is a matter of fact that since the
inception of marriage between Defendant No. 1 and Defendant No. 2
there were frequent fights which often lead to physical abuse as well.

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 It was during this difficult period in the life of Defendant No. 1 that
the Petitioner along with his wife sympathized with Defendant No. 1’s
difficulty. However, the frequent fights led to divorce between the two
Defendants. It was during this time that the Petitioner under the
instruction and company of his wife decided to provide mental and
moral support to Defendant No. 1.

3. That during this period the Defendant No. 1 had approached the
Petitioner and his wife to help the Defendant No. 1 financially. In view
of the fact that the Defendant No. 1 being a single mother with a young
child, the Petitioner’s wife never shirked from her duty as a friend and
provided her immense emotional and moral strength after the said
divorce. During this period, the Defendant No. 1 had urged
Petitioner’s wife to accompany her to several places under various
personal grounds but due to prior commitments had requested her
husband i.e. the Petitioner to accompany the Defendant No. 1,who in
good faith and as a sincere sympathiser agreed to accompany the said
Defendant only pursuant to his wife’s instruction. It is without saying
during all this while, the Petitioner was absolutely unaware of the
Defendants sinister plans to defame and malign the reputation of the
Petitioner.

4. That the Defendant No. 1 under a figment of her imagination took up

a fancy for the Petitioner and made it known to the Petitioner that she
wanted to marry him which could be accomplished only if the
Petitioner divorced his legally wedded wife.

5. That the Petitioner was shocked at such treaties and unacceptable

exhortations by Defendant No. 1, to which the Petitioner raised
serious objection and refused to any of the frivolous demands made

25
 by the Defendants. On such refusal and objection, the Defendants
threatened the Petitioner with dire consequence and threatened to ruin
and damage his reputation by implicating his name in sexual
harassment case. The Defendant No. 1 also made an illegal demand of
Rs. 20, 00, 000/ (Rupees Twenty Lakhs) from the Plaintiff.

6. That under these circumstances, the Petitioner and his wife

discontinued any social contact or interactions to protect their family
and their marriage. It is apparent that the Defendant No. 1 post this
incident was determined to hurt, and harm the public image and
reputation of the Petitioner as well as his professional career.

7. That sometime in the first week of February, 2017 the Defendant No.
1 along with her Husband Lt. Col Aveek Dey i.e. Defendant No. 2,
circulated an audio recording on social media and Whatsapp to the
Petitioner’s colleague and common friends containing certain
disparaging and damaging statements against the Petitioner. It will not
be out of place to mention here that this was never accidental but an
evil conspiracy to lower the Petitioner’s prestige. A true copy of the
recordings has been annexed herewith as Annexure 1.

8. That it is a matter of fact that even after the purported divorce the
Defendant No. 1 has been in constant touch with her former husband
i.e. Defendant No. 2and hence, have been plotting schemes to malign
the Petitioner and create impediments in his professional and personal
life.

9. That the said audio recording was circulated to extract money from
the Petitioner as both the Defendant No. 1 and Defendant No. 2 are
aware of the Petitioner’s social setup. The Defendant No. 1 had also

26
 made such defamatory speech public amongst his colleagues and
friends knowing very well that the Petitioner is due for promotion.

10. That it will not be out of place to mention here that the Defendants’
sinister conspiracy endeavoured to lower the Petitioner’s prestige in
the eyes of the colleagues and friends in the Indian Army and
neighbourhood by falsely projecting him as a man of poor character
and have given all members of society/community an opportunity to
raise an eye/ object on the Petitioner’s reputation and public image.
Thus the acts of the Defendants have caused the Petitioner’s character
assassination and said false statements have tarnished the good name
of the Petitioner.

11. That it seems that the Defendants deliberately and knowingly with a
malafide intention to attack/tarnish the image of the Plaintiff made the
said frivolous and vexatious recordings circulated publically with
some ulterior motive and malice while knowing it to be false.

12. That the Defendants have made false and baseless

allegations/imputation and gestures in public only with an intent to
defame the Petitioner and hurt his integrity therein causing great
mental, social, spiritual, and professional loss to the Petitioner for
which the Defendants are responsible and liable to pay damages to the
Plaintiff.

13. That for the reasons disclosed above and for the words,
representations, imputations and gestures made and imputed/gestures
by both the Defendants in public, they are responsible for hurting,
blackmailing and harming the Petitioner’s reputation. Thus, the
Defendants are liable to be prosecuted and punished for the offence of
defamation with imminent legal action.

27
14. The persistent conduct of the defendant in the past allows the
reasonable apprehension that they shall continue dispatching
tarnishing messages to all and sundry to humiliate and bring further
odium to the plaintiff. It is in these circumstances that the urgent
intervention of this Hon’ble Court is implored.

15. That the cause of action arose on 16.01.2018 when the Defendant No.
1 proposed the Plaintiff for marriage. The cause of action arose in
February, 2017 when the defendants circulated audio recordings on
Whatsapp to the Petitioner’s colleague and common friends
containing certain disparaging and damaging statements against the
Petitioner thereby causing immense damage to the reputation and
goodwill of the plaintiffs and lowered their image in the eyes of the
recipients of the impugned email and numerous others. The cause of
action further arose on demanding payment of Rs. 20, 00, 000/
(Rupees Twenty Lakhs) from the plaintiff with the intention to extort
money from the Plaintiff. The cause of action thus is continuing and
subsisting.

16. That for the purpose of pecuniary jurisdiction and / or relief of

damages the Suit is valued at Rs. 20,00,100/ (Rupees Twenty Lacs
One Hundred Only), on which the advalorem court fees of Rs. 80,004/
(Eighty Thousand Four Only)is affixed. For the relief of permanent
injunction the relief is valued at Rs.5000/on which the court fees of
Rs. 500/is affixed. Thus, a total court fee of Rs. 83000/ (Rupees Eighty
Three Thousand Only) has been affixed.

This Hon’ble Court has the pecuniary jurisdiction to try and adjudicate
the present plaint. Any further court fees payable in respect of any
punitive damages awarded shall be paid as required.

28
 17. That the Plaintiff and the Defendants have a place of permanent
residence in New Delhi. The plaintiffs and a number of the other
recipients of the impugned audio recordings dated February, 2018 are
located in Delhi, thus the reputation and goodwill of the plaintiff is,
amongst other places, severely affected in Delhi. The Plaintiff and the
Defendants both have their place of work in Delhi. A significant part
of the cause of action has arisen in Delhi. Hence, this Hon’ble Court
has the territorial jurisdiction to entertain the present Suit.

18. That the suit is within the period of limitation as provided for by the
Limitation Act. That no other or similar proceeding is filed or pending
before any other Court and the Plaintiff have no efficacious remedy
but the instant Suit. The Plaintiff reserves the right to present such
additional facts, documents and grounds as may come to their
knowledge or possession hereafter.

19. That the instant petition is in the interest of justice and bona fide.

PRAYER

NOW WHEREFORE IN THE FACTS AND CIRCUMSTANCES OF

THECASE, THISHON’BLE COURT MAY BE PLEASED TO:-

a) Pass an order directing the Defendants to publish an unconditional

apology in any two of the National Daily Newspapers both in Delhi and
Kolkata;

b) Pass an order directing the Defendants to give an unconditional apology

through social media by circulating the said message on Whatsapp,
Facebook and any other social media site to the Petitioner, his colleague
and common friends;

29
 c) Pass a decree/ order/ direction thereby awarding damages of Rs. 4, 00,
000/ (Rupees Four Lakhs) against the defendant in favour of the
Plaintiff towards loss of reputation and goodwill and donate the same
to the Bangla Sahib Gurudwara, Connaught Place for the obnoxious
acts done by the Defendants;

d) Pass a decree / order / direction thereby awarding punitive damages

against the defendant in favour of the plaintiffs as deemed fit by this
Hon’ble Court, and / or;

e) Cost of the suit be awarded to the Plaintiff, and / or;

f) Any other relief that this Hon’ble Court deems fit in the facts and
circumstances of the case, in favour of the Plaintiff and against the
Defendant/s.

PLAINTIFF

VERIFICATION:

It is verified at ……….. on this the ……. day of …………, 2018 that the
contents of paragraphs ………….to ………….of the plaint are true and
correct to the best of our knowledge as well as based on information derived
from the records of the Plaintiff maintained in the ordinary course of business
and what is stated in paragraphs …… to ……..is based upon information
received and believed to be true by us. Paragraph ….is the prayer to this
Hon’ble Court.

PLAINTIFF

DELHI FILED THROUGH

DATED:……………………

(COUNSEL FOR PLAINTIFF)

30
 IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE, TIS

HAZARICOURT, NEW DELHI

(APPLICATION NO. _______ OF 2018)

IN THE MATTER OF

MANOJ KUMAR ARYA …. ....COMPLAINANT/

APPLICANT

VERSUS

LALIT SHARMA ...….ACCUSED

APPLICATION UNDER SECTION 151 OF THE CIVIL PROCEDURE CODE,

1908FOR EARLY HEARING

MOST RESPECTFULLY SHOWETH:

1. That the above noted Complaint is pending before this Hon’ble Court
and is fixed for hearing in June, 2018.

2. That the next date of hearing has been fixed for after six months from
the last date of hearing. The last date of hearing was on 19.11.2016 and
the next date of hearing is on 21.08.2018.

31
 3. That the Accused had taken a friendly loan of Rs.10, 00, 000 (Ten Lakh
Rupees) from the Complainant in the month of April, 2015 and same
has not been returned till date. The accused issued a Cheque No. 010924
dated 18.01.2016 for Rs. 10,00, 000 which was drawn on Allahabad
Bank, IFSC Code – ALA0212145, Branch– Green Park, New Delhi –
110016 in order to discharge his liability. However, on presenting the
said cheque with Complainant’s bankers Indian Overseas Bank, Sector
12, R. K. Puram, on 18.01.2016 and 28.01.2016, the cheques was
returned as dishonoured with the remark “Funds Insufficient” vide
cheque return memo dated 20.01.2016 and 30.01.2016 respectively.

4. That the Accused deliberately did not keep the account adequately
funded upon which the Cheque were drawn.

5. That the Complainant is in dire need of money for his personal reasons.
Also, it has been more than a year that the Complainant’s sum of Rs.10,
00, 000 is blocked.

6. That if an early hearing to the above noted Complaint is not provided

then the Complainant will suffer an irreparable loss and injury.

PRAYER

In view of the above, it is most humbly prayed that the captioned matter may
very graciously be fixed at the earliest, for adjudication in the interest of
justice. Any other relief which this Honourable Court deems fit and
appropriate in the facts and circumstances of the case may also be granted in
favour of the Applicant.

APPLICANT

THROUGH

New Delhi___________

32
Date: (Counsel for the Applicant)

VERIFICATION:

It is verified at New Delhi on this the ____ day of August 2018 that the
contents of paragraphs 1 to 6 of the application are true and correct to the best
of my knowledge and believed to be true by me. Last paragraph of the
application is the prayer to this Hon’ble Court.

DEPONENT/COMPLAINANT

IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE, TIS

HAZARI COURT, NEW DELHI

(APPLICATION NO. _______ OF 2018)

IN THE MATTER OF

MANOJ KUMAR ARYA ...COMPLAINANT/

APPLICANT

VERSUS

LALIT SHARMA ...….ACCUSED

33
 EVIDENCE BY WAY OF AFFIDAVIT

I, Manoj Kumar Arya, aged about 36 years, S/o Omendra Pal Singh, R/o Flat
No. 67,

Sector12, R.K. Puram, New Delhi – 110022, do hereby solemnly affirm and
declare asunder:

1. That I am the complainant in the above noted case and is well

conversant with the facts and circumstances of the case and is
competent to swear this affidavit.

2. That the accompanying application to the above complaint, has been

drafted by the counsel under my instructions and the contents of the
same are true and correct to my knowledge and belief. The contents of
the said application may be read as part and parcel of this affidavit as
the same are not being repeated herein for the sake of brevity.

DEPONENT

VERIFICATION:

Verified at New Delhi on this _____ day of February, 2018 that the contents
of the affidavit are true and correct to my knowledge and belief no part of it is
false and nothing has been concealed therefrom.

DEPONENT

34
 OBSERVATIONS:

During this internship, gaining practical experience was far more different
than gaining knowledge. By observing the court proceedings daily my faith in
Indian judiciary has levelled up. It is observed that there is a legal procedure
adopted by the litigants and lawyer who came to the courts seeking justice for
their disputes arising due to different causes between the parties. The
procedure is initiated by filing the petition through the registry branch,
thereafter the case is allotted to the respective court for further legal
proceedings.

It is also observed that the litigants have strong faith in Judicial System of
India and they come to the court expecting that the will get justice from the
legal system followed in the court of law. However it is also felt that
sometimes this is stirred due to some unwarranted situation but they continue
to have the roots of their faith unshaken. It is because if the litigants are not
satisfied with the judgement given by the District Court then they have open
option of filing the appeal in higher courts i.e. High Court and Supreme Court
to get the verdict of these esteemed courts.

In the present scenario of modern technology our legal system have also
adopted the technical methods for moderating the functioning of legal
proceedings through feeling, stamping and register etc., this modernization of
legal system has not only made the system transparent and easy for the public
but also provides a smooth approach to the all stakeholders in judiciary.

There is also a provision of mediation cell in each court to sought out the pity
issues of litigants through their counselling and providing friendly atmosphere
to resolve their issues without indulging into the lengthy proceedings, this
provision not only save the precious time of court but also saves the money
and social relation of the litigants.

35
While having the aforesaid observation I have gained the practical knowledge
of legal practice as well as acquired the skills of drafting petition and filing
the same before the court and also cultivated a confidence within myself to
appear in the honourable courts and familiarized myself with the proceeding
including obtaining certified copies, succession certificate, probate certificate,
during my internship.

36