Internship is one of the main modes of clinical legal education where the students get an opportunity to observe and apply the legal provisions to a particular domain. The process of internship continues during their entire stay at law school. The aim of this presentation is to give them a comprehensive handout in this regard.
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Internship is one of the main modes of clinical legal education where the students get an opportunity to observe and apply the legal provisions to a particular domain. The process of internship continues during their entire stay at law school. The aim of this presentation is to give them a comprehensive handout in this regard.
LLB LAW NOTES ON CIVIL PROCEDURE AND LIMITATION ACT
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
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National Lok Adalat Field Visit ReportHussain Shah
The purpose of visit was to understand the working of a court, the nature of duties of the Judicial Officers in the matters of Lok Adalat and also to observe how the concept of conciliated settlement of dispute in the traditional Indian culture in the form of Nyaya Panchayats and Gram Panchayats led to introduction of Lok Adalats which added a new chapter to the justice dispensation system of the country and that how it provides a supplementary forum to the victims for satisfactory settlement of their disputes.
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The inception of LL.B program at the Faculty Of Law-University Of Delhi , a practical
experience component i.e. internship has been part of the compulsory subject and thus of the
LL.B degree. The Legal Internship Program is not designed to teach students how to be good
lawyers (or how to be lawyers at all) it takes more than study at University to do that.
The classroom study and practical training in the field of law is considered as two sides of
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the practical training. An additional benefit of the internship program is that ot provides you
with an opportunity to observe the way in which law operates in a practical milieu, and so
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Family Part is also a section of the Civil Division, but the Civil Part and Family Part are entirely separate entities. Some of our course materials concerning child protection in a national context will often say that cases concerning children are heard in civil court or they may even say that “dependency” or “child welfare” cases involving children are heard in the “juvenile” court. In New Jersey, however, the court structure is more particular. Although our Family Part is within the Civil Division, there are three separate units. One unit handles all divorce, custody and visitation cases. Another unit handles child protection, guardianship and termination of parental righ.
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Instructions: You are a Supreme Court justice preparing an opinion for announcement. Read the case materials: case hypothetical, merits briefs, and judicial opinion drafts of your colleagues, and review your notes from oral argument and conference. Write a majority opinion resolving the major legal question in light of the facts of the case, Constitution, and case law, as well as all case materials: merits briefs, oral argument, and the views of your colleagues (in conference and draft opinions). Opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions).
Opinions should contain the following five elements, in the following order:
1. an introductory statement of the nature, procedural posture, and prior result of the case;
2. a statement of the issues to be decided;
3. a statement of the material facts;
4. a discussion of the governing legal principles and resolution of the issues; and
5. the disposition and necessary instructions.
Each of these is developed further below.
Assessment: Complete opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions). Strong opinions will be well organized, logically argued, and well supported through reference to and explanation of Supreme Court decisions and legal principles. Assessment rests on how well you make use of, identify, and explain relevant course material. It also rests on staying in character and not diverging from your justice’s political ideology and/or judicial philosophy.
Introduction
The purpose of the Introduction is to orient the reader to the case. It should state briefly what the case is about, the legal subject matter, and the result. It may also cover some or all of the following:
1. The parties: The parties should be identified, if not in the Introduction, then early in the opinion, preferably by name, and names should be used consistently throughout. (The use of legal descriptions, such as “appellant” and “appellee,” tends to be confusing, especially in multi-party cases.)
2. The procedural and jurisdictional status: relevant prior proceedings, and how the case got before the court should be outlined.
Statement of issues
The statement of issues is the cornerstone of the opinion; how the issues are formulated determines which facts are material and what legal principles govern. Judges should not be bound by the attorneys’.
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The Impact of Artificial Intelligence on Modern Society.pdfssuser3e63fc
Just a game Assignment 3
1. What has made Louis Vuitton's business model successful in the Japanese luxury market?
2. What are the opportunities and challenges for Louis Vuitton in Japan?
3. What are the specifics of the Japanese fashion luxury market?
4. How did Louis Vuitton enter into the Japanese market originally? What were the other entry strategies it adopted later to strengthen its presence?
5. Will Louis Vuitton have any new challenges arise due to the global financial crisis? How does it overcome the new challenges?Assignment 3
1. What has made Louis Vuitton's business model successful in the Japanese luxury market?
2. What are the opportunities and challenges for Louis Vuitton in Japan?
3. What are the specifics of the Japanese fashion luxury market?
4. How did Louis Vuitton enter into the Japanese market originally? What were the other entry strategies it adopted later to strengthen its presence?
5. Will Louis Vuitton have any new challenges arise due to the global financial crisis? How does it overcome the new challenges?Assignment 3
1. What has made Louis Vuitton's business model successful in the Japanese luxury market?
2. What are the opportunities and challenges for Louis Vuitton in Japan?
3. What are the specifics of the Japanese fashion luxury market?
4. How did Louis Vuitton enter into the Japanese market originally? What were the other entry strategies it adopted later to strengthen its presence?
5. Will Louis Vuitton have any new challenges arise due to the global financial crisis? How does it overcome the new challenges?
The Impact of Artificial Intelligence on Modern Society.pdf
internship ppt.pptx
1. SUMMER INTERNSHIP CONDUCTED AT
TIS HAZARI COURTS DELHI
Bachelor of Business Administration and
Bachelor of Law (Integrated)
To
Guru Gobind Singh Indraprastha University, Delhi
Internship Co-ordinator: Submitted by:
Mr. Sanjay Kumar Vighnesh
Assistant Professor Student Roll no
04219103517
3. EVOLUTION OF COURT
SYSTEM IN INDIA
Law in India has evolved from religious prescription to the
current constitutional and legal system we have today,
traversing through secular legal systems and the common law.
The Indian court system is the most effective and constructive
system in the world. After 200 years of the Imperial British
Rule the court system of India was constructed. The Indian
government has three major branches-
1. Legislature
2. Judiciary
3. Executive
5. ADMINISTRATIVE CONTROL OF
THE COURTS AT DISTRICT
LEVEL
The ministerial head of the Civil and Sessions Division is the
District and Sessions Judge in the cadre of Himachal Pradesh higher
judicial services. The subordinate courts’ ministerial staffs of the
Civil and Sessions Division is under the immediate administrative
control of District and Sessions Judge. The controlling and
appointing authority of the ministerial staff of all the Courts of his
Civil and Sessions Division is the District and Sessions Judge. In
respect of the ministerial staff of his Civil and Sessions Division the
District and Session Judge is also the disciplinary authority. Head
of the District Judiciary is also the District and Sessions Judge and
is also acting as Chairman, District Legal Services Authority. The
office of the District and Sessions Judge also route all
correspondence of the subordinate courts to the Hon’ble High
Court. The District and Sessions Judge take the final action in some
matters of the subordinate courts.
6. OTHER ADJUDICATORY
BODIES
1. Family Court
2. Motor Accident Claim Tribunal
3. Green Court
4. Debt Recovery Tribunal
5.CBI Courts
6. Consumer Forum
7. Legal Aid Center
8. CLIENT COUNSELLING
One of the primary functions of a lawyer is to counsel his/her clients. This often
happens that a lawyer takes action on the behalf of the client. Unlike in legal
counselling the client may be looking at the lawyer for legal remedies. The
lawyer is required to assess the client’s goals, expectations and needs. While
assessing so, the lawyer should look at the expectations of the client.
TAKING NOTES
The practice of note taking is commonly known as the recording of information
which the advocate uses each time when a client comes to him and making the
advocate understand about the proper and accurate facts about the case, so that
the advocate take accurate steps in the case according to each situation he is
dealing in.
GOOD NOTE TAKING
Helps to focus on what is important in what you are reading or hearing.
Helps to understand and remember material and make connections.
Provide a personal record and documentation of the questions and ideas.
9. LEGAL RESEARCH
Legal Research is the process of finding an answer to a legal
question or checking for a precedent which can be cited in court of
law. Every lawsuit appeal, criminal case and legal process in
general requires some amount of legal research. Legal Research is
generally done by the junior advocates in the office itself. The Legal
Research which is done majorly includes the offline research
through different books and through High court and Supreme Court
journals.
10. DRAFTING
Legal Drafting is an important instrument of legal
communication. It involves the skill to draft well as well as
skill to think and communicate well. A legal document must be
drafted in such a way that it specifies the legal issue, statement
of the client and a remedy if any.
The content of the legal drafting should be understood by the
person to whom it is sent. The content should be
understandable by the person who is reading it. Along with
having legal drafting skills, it is important for a lawyer to
exhibit his drafting skills to potential clients.
11. FILE PREPARING
File preparing is done by the advocate’s assistant, by the office
boy or sometimes by the junior advocates.
12. ACCOUNTS SETTLING
The other word for account settling is negotiation. It is basically how
an advocate asks the client to pay his fees in a manner that the client
doesn’t feel that the advocate only wants money and has no interest in
his problem.
It is termed as professional fees and it varies according to the case
and varies for different clients. Sometimes a definite amount is asked
for the percentage of the total recovery amount is charged from the
client.
The advocate himself settles the accounts with the client and the
request for the payment is done by the advocate’s assistant. The
advocate charges ₹5,000 (Five Thousand) for a notice to the opposite
party. Further the amount for each case varies.
For money recovery case he charges 5% of the amount which the
party wants to recover. For any other criminal activity done by the
client he charges the amount taking the situation into consideration.
Normally he charges around 1,00,000 (One Lakh) for a divorce case.
13. COURT FEES
With the establishments of the Courts, a system was evolved for the
payment of fess for adjudication of the cases. Court costs usually
include: filling fees, charges for serving summons and subpoenas,
court reporter charges for depositions (which can be very
expensive), court transcript and copying papers and exhibits. The
prevailing party in a lawsuit is usually awarded court costs. A
special act by the name of Delhi Act 11 of 2012was formulated so as
to determine the court fees for different type of cases.
14. RELATIONSHIP WITH STAFF
Relationship with the support staff is very important in the working
of advocate’s chamber. Employees need inspiration occasionally but
what should be fundamental in a business is mutual trust, work
stability and real compassion. Solidify working relationships by
showing respect and appreciation for hardworking employees.
16. PROCEDURE FOR FILING A
CASE AT THE REGISTRY:
The file is prepared by the lawyer and submitted at the filing
counter of the respective court.
When the file is submitted at filing counter then the person at filing
counter will raise the objections
After the objections in the file have been raised, the lawyer will
have to submit the corrected version of objections and get the caveat
from the registry
Once the corrected file is approved at filing counter, it is numbered
by the concerned person at the filing counter.
There after a case number is given to the case and the name of the
judge in whose court the case is to be heard is decided.
17. VARIOUS FORMS OF COURT
PROCEDURE
BAIL BOND: A bail bond is a written promise signed by a defendant
and the surety to ensure that the defendant will appear in the court on
the said date and time in the court. The bail amount is an amount set
by the court.
INDEX FORM: Index form is the index contained in the file of the
case it includes the following:
MEMORANDUM OF APPEAL: The set grounds on which a
judicial examination is prayed for is a memorandum of appeal .It
should clearly contain the grounds of objection to the decree appealed
against. The memorandum is often accompanied by a copy of decree
appealed from .
PROCESS FEE FORM: Process fees are the fees paid to the court
by the plaintiff /petitioner /appellant. It is the court process. If the
court fee is paid then the notice is sent to the opposite party by the
other party.
CERTIFIED APPLICATION: Certified application form is filled
by the advocates and then it is approved by the judge and it is sent to
18. CAUSE LIST
It is a list containing all the cases before a court whether for a week
or in a day. It helps lawyers and litigants to know in advance before
the court sits whether or not their matters are coming up that day or
week as the case may be and if they are coming up, to know what
they are coming up for, whether for hearing or mention.
19. STRUCTURE OF COURT STAFF,
THEIR NOMENCLATURE AND
FUNCTION
Court staff plays a very important role in the functioning of the
judicial system. Without the court staff the courts cannot provide
justice to the citizens. It is the court staff on whom the whole judicial
system is dependent. The court staffs include a number of people
performing their jobs. There is an Ahlmad who sits in his room and all
the files are kept with him. He takes the charge of all the files and
does the paper work and collecting process fee with the form. Ahlmad
keeps a track of all the case files and sends the case files for certified
copies applied by either party. The reader is the one who assists the
judge and calls out the name of the parties. He takes care of the cases
and enables the court to work smoothly.
20. ASSESSMENT AND PAYMENT OF
RIGHT COURT FEE
Court fee is the fee charged for handling a case in court. Depending on
legal rules may or may not include the costs for the various parties in a
lawsuit. Court fee can be awarded to one or both parties in a lawsuit or
it may be waived by the court of law. The advantage of court fees is
that no false case is registered, if such thing happens it would be a loss
to the filling party of the case. Normally the court fee is followed for
the calculation of Court fee.
21. COURT MANNERS/PROCEDURES
An Advocate shall, at all times, comport himself in a manner befitting
his status as an officer of the Court, a privileged member of the
community, and a gentleman, bearing in mind that what may be lawful
and normal for a person who is not a member of the Bar, or for a
member of the Bar in his nonprofessional capacity may still be
improper for an advocate. Without prejudice to the generality of the
foregoing obligation, an advocate shall fearlessly uphold the interests
of his client, and in his conduct conform to the rules hereinafter
mentioned both in letter and in spirit. The rules hereinafter mentioned
contain cannons of conduct and etiquette adopted as general guides; yet
specific mention thereof shall not be construed as a denial of the
existence of others equally imperative though not specifically
mentioned.
22. HEARING AND PLEADING
In criminal hearings the charges are usually read out to the defendant
and he is asked to plead guilty or not guilty. If defendant pleads guilty
then the public prosecutor will give the copy of police facts and to the
defendant. The defendant will tell magistrate about that is relevant to
the matter and the magistrate will decide the penalty or sentence.
If the defendant pleads not guilty then matter will go for next date for
hearing .The judicial officer will give police a date by which they
have to serve a brief of the evidence and is called the reply date. If
after this the defendant still pleads that he is not guilty then a hearing
date would be set. Prosecutor who represents the state will present
the evidence which usually takes the form of calling witnesses.
Then the defence lawyer can question the witnesses about their
evidence this is called cross examination. The defence can call their
witnesses as evidence, and then the prosecutor can cross examine the
defence witness. The prosecutor and the defence address the court;
Magistrate takes the decision based on evidence. If the defence is
found not guilty then he is free and if guilty then penalty is imposed
and may ask for pre sentence report before deciding sentence.
23. ACTION BY THE COURT
The court takes certain actions during the working. Adjournment
is a type of a suspension or postponing a trial which may be due
to some break or may be due to a numerous reason.
For reaching a next step of the case a next date is given each time
so that the both the parties and their advocates should be clear
what will happen on the next date. An order is made at the end of
each hearing and which are to be followed by the parties and their
lawyers.
Judgments are given at the end of the case when the judge listens
to both the parties and what he thinks fair and just. The judgment
should be always fair. If any party is not satisfied with the
judgment then they can appeal in the higher court notices are
issued by court for giving some information or guidelines or
instructions to any party or any other person.
24. ACTION BY THE COURT
Summonses are issued to any party or any other person to be
present in the court on the next date of hearing. Warrants are issued
by the court for a cognizable offence, and normally warrants are
issued after a summon if the party fails to appear in court. Warrants
can be bail able or non-bail able.
25. RECEIVING A COPY OF AN
ORDER
To receive a copy of an order a certified application form is to be filled
up and needs consent of the judicial officer. Once the consent is given
then the form is to be submitted at the certified application counter and
a fee of ₹5 is paid for each page to receive the copy of the order.
26. APPEAL PROCEDURE
In case of appeal, the one who files the appeal is known as appellant, and against whom it
is filed, is known as "Respondent" .Ordinarily, when one files an appeal, all relevant and
material documents including the evidence affidavit should be filed together with the
appeal. However in some cases, the documents on record are either too bulky and/or the
person involved does not have the documents with him. In such case, we can proceed with
filing the appeal by attaching the impugned order and other documents that we have in our
possession and in our appeal we can request the court either give us liberty to file
additional documents and can call for the records of the district court.
In any event, if at present, we do not have the evidence affidavits with us, we can file the
appeal with a request to allow filing the further documents later on or requesting the high
court to call for the same from the lower court.
28. IN THE HIGH COURT OF DELHI AT NEW DELHI
(COMMERCIAL DIVISION)
CS(COMM) 127/2021 & I.A. No.4282/2021
IN RE:
RAJDHANI FLOUR MILLS
LIMITED……………………………………………………….............................................................................……..PLAINTIFF
VERSUS
AMIT NANDA &
OTHERS……............…………………………………………………………………………………………………...………….DEFENDANT
FACTS:
Defendant no. 1 to 5 constitutes ‘Sales Team’ handled by Defendant 1. Defendant no. 6 assisted them, being part of collection team from customers
enrolled for sales of goods of the company. Defendant no. 7 was employed as Electronic Data Processor and records details of customers submitted
by aforesaid members of team. Rest of the defendants are relatives and close friends of the above-mentioned defendants i.e., Defendant 1-6 brought
in as customers and become party to business and making purchases in their name from plaintiff. All the firms so introduced are owned by defendant
1 to 10. The defendants introduced substantial number of customer firms to the company for supply of goods providing requisite details of the said
firms and goods were supplied but payments against such supply were never made on behalf of said firms. The total amount recoverable is Rs.
4,50,43,429/- including interest on the principal amount.
ISSUES:
Whether defendants are liable to pay the sum of Rs. 4,50,43,429/- in favor of plaintiff?
COURT’S OBSERVATION:
In spite of the opportunity granted, written statement have not been filed by any of the defendants. On behalf of the defendant no.(s)
1,6,8,9,12,15,16,18 and 20, the written statement have already been filed, however lying under objection. The counsels shall get the objections
removed and bring written statement on record. It is made clear that no further opportunity shall be granted in this regard
SELF-OBSERVATION:
29. IN THE HIGH COURT OF DELHI AT NEW DELHI
(ARBITARTION) (COMMERCIAL DIVISION)
OMP (ENF.) (COMM) NO. 522/2018
IN RE:
MS.KAMLESHGUPTA…………………………………………………………………………………………….…….. DECREE HOLDER
VERSUS
M/S. BHASIN INFOTECH AND INFRASTRUCTURE PVT. LTD. …………………………………………..…..JUDGEMENT DEBTOR
FACTS
The present petition is filed u/s 36 of the Arbitration and Conciliation Act 1996. The Sole Arbitrator SH. B.L. Garg A.D. and S.J.(RETD.) Arbitrator
passed the award dated 09.03.2021 and the Hon’ble High Court upheld the said award. Amount of relief granted by court is Rs. 31,47,048/- with interest
@ 18% p.a. for first 2 months and 24% p.a. thereafter from the date of receiving amount. Total amount recoverable from Judgement Debtor by Decree
Holder is Rs. 15,31,74,300/- and inclusion of cost of execution valued at Rs. 5,00,000/-
ISSUE
Does the Hon’ble High Court should grant the execution of award u/s 36 of the Arbitration and Conciliation Act 1996?
COURT OBSERVATION
Granted and disposed
SELF-OBSERVATION
As the award was passed by the Ld. Arbitrator and the decree in regard to such award has been passed by the Hon’ble court, the decree Holder is within
his rights to file an application u/s 36 of the Arbitration and Conciliation Act 1996.
30. IN THE HIGH COURT OF DELHI AT NEW DELHI
ARB PETITION NO. 512 OF 2021
IN RE:
SMT. MANJU
GOEL…………………………………………………………………………………………………………………………………PEITITIONER
VERSUS
M/S AASHA HOSTELS PVT.
LTD……………………………………………………………………………………………………………..……..DEFENDANT
FACTS
Petitioner leased out her property to the Respondent for running student hostels and registered the lease agreement dated 15.05.2019 for period of five
years with monthly rent fixed at Rs. 2,80,000/- payable within 1st week of every English calendar month. Respondent paid rent for each month until
February 2020 without any delay/default. In the month of March 2020, Respondent did not pay monthly rent, petitioner asked for the same, respondent
replied with excuses and requested that the respondent would arrange and pay monthly rent of March 2020 with rent for month of April 2020 and same
was granted by petitioner. Immediate after mutual adjustment between parties, the outbreak of CORONA VIRUS took place. After the same no
payment has been made by the respondent till date. Petitioner on several occasions approached respondent in regard of payment of rent and every time
respondent make excuses of the corona virus outbreak and refuse to pay the rent. Ultimately, on 20th February, 2021, the petitioner issued a notice to
the respondent, directing the respondent to vacate the premises. The respondent, in its reply dated 4th March, 2021, claimed waiver of rent on the
ground of force majeure, owing to the intervention of the COVID-2019 pandemic. As per clause 28 of the lease deed, all disputes between parties are
to be decided as per provisions of the Arbitration and Conciliation Act 1996 for appointment of sole arbitrator.
COURT OBSERVATION
In view thereof, the dispute between the parties is referred to arbitration by the Delhi International Arbitration Centre (DIAC). The arbitration would
proceed under the aegis of the DIAC and the arbitrator would be entitled to charge fees in accordance of the schedule of fees maintained by the DIAC.
SELF-OBSERVATION
As there is an arbitrable dispute exists between the parties. So, the Hon’ble High Court have rightly referred the case to the Delhi International
Arbitration Centre (DIAC).
NEXT DATE OF HEARING: petition stands disposed
31. IN THE HIGH COURT OF DELHI AT NEW DELHI
(ARBITARTION) (COMMERCIAL DIVISION)
OMP (ENF.) (COMM) NO. 37/2019
IN RE:
SARITA YADAV AND ANR………………………………………………………………………………………………………………….DECREE
HOLDER
VERSUS
SUBHASHVERMAAND ORS……………………………………………………………………………………………...……………JUDGEMENT
DEBTOR
FACTS
In the present case the Hon’ble High Court appointed Justice M.L. Mehta (Retd.) as arbitrator in CS(OS) NO. 3454/2018. Award was passed
directing respondent to pay amount of Rs. 6,50,00,000/- along with interest of 18% p.a.. After passing of award, respondent approached Hon’ble
High Court u/s 34 of the Arbitration and Conciliation Act 1996. On the other hand, petitioner/ Decree Holder also filed a petition u/s 34 of the
Arbitration and Conciliation Act 1996. Both parties were heard and Hon’ble High Court disposed the application of both the parties and upheld
award. After 4 days Petitioner/Decree Holder got to know the Judgement Debtor were trying to elope from India and have been trying to sell all
their property with in few days. Decree Holder have great apprehension that the Judgement Debtor will escape their liability by leaving country
and selling their property.
ISSUE
Does the Hon’ble High Court should grant a decree to execute the award u/s 36 of the Arbitration and Conciliation Act 1996?
COURT OBSERVATION
Decree to execute granted.
SELF-OBSERVATION
As the award was passed by the Arbitrator and the same award was upheld by the Hon’ble High Court, the Decree Holder is within his rights to
32. IN THE HON’BLE HIGH COURT OF DELHI, AT NEW DELHI
[EXTRAORDINARY CRIMINAL WRIT JURISDICTION]
W.P.(CRL) NO. _______ 2022
IN RE :
RAHUL……………………………………………………………………………………………………………………………………………………….PEITITIONER
VERSUS
STATE OF NCT OF DELHI & AND……………………………………………………………………………………………………………………….RESPONDENTS
FACTS
The instant writ petition has been preferred under Article 226,227 of Constitution of India read with section 482 of The Criminal Procedure Code, 1973 praying for the quashing of
F.I.R No.321/2016 registered with Police Station M.S Park Dist.: North East Delhi, against the Petitioner herein, Under Section 420/468/471 Of I.P.C, and the chargesheet of the same
has also been filed in the Hon’ble trial court and is pending for further adjudication. That it has been recorded in the present F.I.R, wherein Petitioner has taken Rs. 5,00,000/- (Five
lakhs only) from Respondent no. 2 & 3 for admission of Respondent no. 3 in All India Institute of Medical Science (AIIMS) against which the present F.I.R has been registered vide
F.I.R no. 321/2016, P.S. M.S Park U/S 420,468,471 IPC dated: 29/12/2016. Petitioner had demanded Rs. 9,00,000/- (9 lakhs only) from Respondent no. 2 & 3 for the above said
arrangement and respondent no. 2 & 3 have given Rs. 5,00,000/- (5 lakhs only) for the same. The money given by Respondent no. 2 & 3 to the Petitioner was given in instalments.
That the Petitioner was admitted on bail by the court of Sh. Inderjeet Singh Ld. ASJ, Shahdara, Karkardooma Courts, Delhi. The Respondent no. 2 & 3 and the Petitioner herein have
mutually and amicably settled the matter and have forgiven each other with respect to the acts explained in the present F.I.R whereby the Respondent no. 2 & 3 has agreed for the
quashing of F.I.R.
ISSUE
Whether this Hon’ble High Court would Quash the entire criminal proceeding arising out of F.I.R. No. 321/2016 registered with Police Station M.S PARK, District: North East Delhi,
under section 420/468/471 of IPC?
COURT OBSERVATION
FIR No. 321/2016 under Sections 420/468/471 registered with Police Station M.S PARK, District: North East Delhi and proceedings thereto are quashed and petition is disposed of.
SELF-OBSERVATION
In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in
continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the FIR and the proceedings pursuant
thereto. There is no legal impediment in quashing the FIR in question.
33. IN THE COURT OF DISTRICT & SESSIONS JUDGE,
DISTRICT NEW DELHI, PATIALA HOUSE COURT, NEW DELHI
CIVIL SUIT NO. 89 OF 2020
IN RE :
SANGEETA …………………………………………………………………………………………………………………………………………..……….PLAINTIFF
VERSUS
NARIAN SINGH & ORS…………………………………………………………………………………………………………………………………….DEFENDANTS
FACTS
The plaintiff is the daughter of defendant no. 1 and 2. The defendants no.3 and 4 are real brothers of the plaintiff. The defendant no.5 and 6 are the real sisters of the plaintiff.
On 24.04.2018, the defendant no.1 to 4 agreed to give the share of the plaintiff in the suit property and the suit for permanent injunction was dismissed as withdrawn and
settled. On 27.10.2019 the plaintiff went to meet her parents and brothers on the occasion of Diwali, it was discussed amongst family members that the plaintiff would be given
her share in the suit property or she would be given monetary consideration at the market value of her 1/6th share in the suit property which was accepted by the plaintiff. On
26.01.2020 the plaintiff approached the defendants no.1 to 4 and discussed about her share in the suit property, the defendants no.3 and 4 pushed her out of their home and
flatly refused to give any single penny to the plaintiff against her 1/6th share in the suit property and rather threatened her that they would sell and transfer the entire suit
property to any third person by releasing the property documents from the bank and the intention of the defendants no.3 and 4 have become malafide. On 27.01.2020 the
plaintiff approached the officials of Indiabulls Housing Finance Ltd./defendant no.7 and requested the concerned officials not to release any property documents of the suit
property. It further on 27.01.2020 the plaintiff has come to know that the defendants no.1 to 4 have started raising the construction in the suit property without the consent of
the plaintiff and raising of such construction by the defendants no.1 to 4 in the suit property is detrimental to the interest of the plaintiff in the suit property.
ISSUE
1. Whether the Hon’ble court should pass a decree of partition in favour of the plaintiff and against the defendants thereby declaring that the plaintiff is the co-sharer to the
extent of 1/6th share in the suit property?
2. Whether the Hon’ble court should pass a decree of permanent injunction in favour of the plaintiff and against the defendants thereby restraining the defendants, their family
members, agents, attorneys, representatives, associates etc. from raising any type of further construction in suit property?
3. Whether the Hon’ble court should pass a decree of permanent injunction in favour of the plaintiff and against the defendants thereby restraining the defendants, their family
members, agents, attorneys, representatives, associates etc. from selling, transferring and/or creating any third party interest in suit property?
COURT OBSERVATION
Copy be supplied and put up for arguments
SELF- OBSERVATION
In the present suit, Ld counsel for defendant no. 7 submitted that he has not received the copy of the application u/O 1 Rule 10 CPC. Ld council for plaintiff
submitted that he will supply the copy of the aforesaid application and seeks an adjournment.
NEXT DATE OF HEARING: 21.09.2022
34. IN THE HIGH COURT OF DELHI AT NEW DELHI
C.M APPN. NO. 13379/2021
IN
W.P. (C) No ... 2747 of 2019
IN RE :
RAGHUVEER SINGH RATHORE & ORS……………………………………………………………………………………………………………………………….PEITIONER.
VERSUS
DELHI URBAN SHELTER IMPROVEMENT BOARD & ORS ……………………………………………………………………..……………………………RESPONDENTS
FACTS
Mr. A.K. Singla, Id. Senior Counsel appearing for the Applicant, submits that during the pendency of this writ petition, after passing of order dated 18th March, 2019,
Respondent Nos. 3 and 4 have introduced a new company - Mis Legend Gourmet Private Limited. This company 1s trying to purchase shops from the Petitioners and hence,
there is an urgency in the matter. On behalf of M/s Legend Gourmet Private Limited, Mr. Rishi Kapoor, ld. counsel submits that if the shop owners atone their tenancy in
favour of M/s Legend Gourmet Private Limited and the Delhi Urban Shelter Improvement Board (hereinafter, 'DUSIB ') permits the same, they have no objection. It is not
disputed by the parties that the mall, as on today, is lying vacant and unguarded. Under such circumstances, the purpose of DUSIB is to recover the dues. In fact, vide order
dated 18th March, 2019, this Court had directed that no coercive steps be taken against the Petitioners Mr. Jain, ld. Counsel appearing for DUSIB submits that the entire
property belongs to DUSIB and it is up to DUSIB to deal with it in the manner it deems necessary. Considering the overall facts and circumstances of this case, as also the fact
that there are several shop keepers who are interested in continuing to run the shops in the Mall and the stand of M/s Legend Gourmet Private Limited, this Court is of the
opinion that a meeting ought to be held between the various space buyers, Respondent Nos. 2 and 3 and Mis Legend Gourmet Private Limited with DUSIB, in order to see if
the issues can be resolved. Accordingly, let a meeting be held in the office of DUSIB, with all the stakeholders, on 26th April, 2021 at 11.30 AM. On the said date, the
Petitioners, Respondent Nos. 2 and 3 and Mis Legend Gourmet Private Limited, as also any other space buyers whose writs are pending, may attend the said meeting. If there
is no settlement by then, the matter shall be heard on the next date.
A meeting was held on 26/04/2021 between Petitioners, Respondent Nos. 2 and 3 and representatives of M/s Legend Gourmet Private Limited in the office of DUSIB. In the
said meeting, the officials of DUSIB were not at all interested in taking/ deciding the dispute of the Petitioner's and hence gave non-effective hearing to the Petitioners. In the
said meeting on 26.04.2021 the concerned officials of DUSIB informed Petitioners that they will inform about further proceedings or meetings if so the they find it necessary
but the same has not been arranged by the officials despite repeated requests of Petitioners till date. Petitioners have been continuously approaching officials of DUSIB and
kept on requesting/ enquiring their stand in respect of settlement but the officials of DUSIB have kept on ignoring the requests of Petitioners on one pretext or another them
with vague reasons. Petitioners were informed by the officials of DUSIB that they are no willing to settle. That it is important to mention here that considering the conduct of
officials of DUSIB it is apparent that they are not at all interested in deciding the dispute and are deliberately lingering on the issue. Therefore, the Petitioner are again
compelled to approach this Hon'ble Court. Furthermore, it is pertinent to note that with each passing day the Petitioners are facing huge losses since the dispute regarding the
ownership of the shops is not able to reach a settlement and the shop owners are not able to sell of their concerned properties/ shops or even let out for rent. Therefore, no
income has been derived from their respective shops for the Petitioners.
COURT OBSERVATION
This is an application filed by the petitioner for early hearing. Notice, Mr. Parvinder Chauhan accepts notice for respondent Nos.1 and 2.
35. IN THE HON’BLE COURT OF METROPOLITAN MAGISTRATE, MS. SHAMA GUPTA,MAHILA
COURT,TIS HAZARI,DELHI
CASE No.:589/2022
IN RE:
REENA…………………………………………………………………………………………………………………………….….PLAINTIFF
VERSUS
RAHUL………………………………………………………………………………………………….....………………………..DEFENDANT
FACTS
Complainant filed complaint in court under section 125 Cr.p.c. Complainant was subjected to domestic abuse and was living away from
the matrimonial home as was thrown out by her husband for almost one year.
ISSUES
Whether maintenance under section 125 C.r.p.c should be granted to the complainant?
COURT’S OBSERVATION
Accused along with his advocate was absent on the date of the hearing.
SELF-OBSERVATION
The complainant was subjected to domestic abuse by her husband and was kicked out from her matrimonial home and was living away
for almost one year along with her five years old daughter without any financial assistance. So, maintenance under section 125 C.r.p.c
should be granted to her.
NEXT DATE OF HEARING: 29.06.2022
36. IN THE HON’BLE COURT OF METROPOLITAN MAGISTRATE,
TIZ HAZARI COURTS, DELHI
CASE No. 70/2022
IN RE :
RAMESH ANAND…………………………………………………………………………………………………………..………PLIANTIFF
VERSUS
M/S ADONEST SOLUTIONS PVT.LTD………………………………………………………………………………………….DEFENDANT
FACTS
Complainant filed a case under section 138, NI Act. The complainant received a cheque of Rs. 10,00,000 which was dishonored. So, the
complainant filed a case for the recovery.
ISSUES
1. Whether accused rebuts the presumption u/s 118, 139 of NI Act?
2. Whether the complainant proves that accused committed an offense punishable u/s 138 of NI Act?
COURT’S OBSERVATION:
Court on leave.
SELF-OBSERVATION:
The accused was unable to pay the dues to the complainant through cheque as it got dishonored and also later failed to make payment after receiving
a notice. So, he would be liable under section 138 N.I. Act.
NEXT DATE OF HEARING: 23.08.2022
37. IN THE HON’BLE COURT OF PRINCIPAL JUDGE, FAMILY COURT (CENTRAL DISTRICT), TIS
HAZARI COURTS, DELHI
GUARDIANSHIP PETITION No. : /2020
IN RE :
PHOOL SINGH………………………………………………………………………………………………….………………….PEITITIONER
VERSUS
PINKI…………………………………………………………………………………………………………..…………………….RESPONDENT
FACTS
Respondent is habitually of violent nature and made false allegations against Petitioner and his family without considering the welfare of
the minor child. Respondent is loving in her parental house, situated in an unhygienic and unwanted environment and have no proper
source of income due to which the minor child was being deprived of his right of education. The Petitioner has a proper source of
income, which is sufficient and enough for himself and for the upbringing of the minor child.
ISSUE
Whether Petitioner has a right to have guardianship?
COURT OBSERVATION
Guardianship granted; Petition disposed
SELF-OBSERVATION
As the Petitioner is the natural guardian of a Hindu minor u/s 6 of the Hindu Minority and Guardianship Act, 1956, on the other hand the
Respondent does not have enough means to support the child and is living under unhygienic environment which is not good for a child.
NEXT DATE OF HEARING: 23.08.2022
39. ACHIEVEMENTS DURING
THE INTERNSHIP: -
I learned that the cases of custody, divorce and maintenance go to
the family courts whereas all go to the civil and criminal courts.
I also learned about the mediation center. In the, meditation center a
common mediator there to carry the proceedings of out of court
settlement done between the parties so that the dispute between the
parties to the case can solve their problem effectively and efficiently
and which also give the courts time to focus on more important
cases and the parties can get a speedy justice.
I learned the format in which a case is filed and how the documents
are arranged in a file.
I learned about he Ahlamd room which is assigned to every
courtroom where the all the filesof the cases that are dealt with the
court are been kept safely.
It also helps to boost my confidence.
Improved my attitude.
40. ETHICAL ISSUES OBSERVED
OR FACED
Unethical means something which is not morally correct or
something which is fraudulent or dishonest. Unethical issues cannot
be ignored under any profession. An advocate also adopts some
unethical practices to gain some extra money. During my internship
what I felt was a bit unethical was that, at times advocates took
advantage of the internship being offline and for 2 weeks I was not
given a single day off and used to work till nearly 10:00 p.m.