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TABLE OF CONTENTS – SPLIT INTERNSHIP (SUMMER BREAK 2017-2018)

KAVIN CASTRO M
BA0160021
CONTENT PAGE NO.

INTERNSHIP 1 – FRONT PAGE 2

INTERNSHIP 1 – CERTIFICATE 3

INTERNSHIP 1 – DECLARATION FORM 4

INTERNSHIP 1 – RECORD OF DAY-TO- 5–9


DAY PROCEEDINGS

INTERNSHIP 1 – CASE BRIEFS/ 10


ASSIGNMENTS

INTERNSHIP 2 – FRONT PAGE 11

INTERNSHIP 2 – CERTIFICATE 12

INTERNSHIP 2 – DECLARATION FORM 13

INTERNSHIP 2 – WEEKLY 14
PROCEEDINGS

INTERNSHIP 2 – CASE BRIEFS/ 15


ASSIGNMENTS

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TAMILNADU NATIONAL LAW UNIVERSITY

(A State university established by Act No.9 of 2012)

Navalur Kuttapattu, Srirangam (TK), Tiruchirappalli – 620 009. Tamil Nadu.

INTERNSHIP DIARY

STUDENT NAME: KAVIN CASTRO M

REGN. NUMBER: BA0160021

YEAR OF STUDY: 2ND YEAR B.A. LL.B. (Hons.)

INTERNSHIP TYPE: ADVOCATE , MADRAS HIGH COURT

ORGANIZATION NAME: OFFICE OF Mr. THILAGESWARN

TEL. NO. – 9841952512

EMAIL ID. – thilakjurist@gmail.com

PERIOD OF INTERNSHIP: 17 DAYS (4TH JUNE – 20TH JUNE, 2018)

INTERNAL SUPERVISOR’S SIGNATURE: __________________________

DATE:

EXTERNAL SUPERVISOR CERTIFICATE SUBMITTED:

INTERNSHIP DIARY SUBMITTED:

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K.THILAGESWARAN, B.Sc., B.L., New No.308, 1st Floor,
M.SUBHA, B.A.,LLB., Naveen House,
Advocates – High Court Thambu Chetty street
Chennai-600 001
Mobile: 9841952512
9444261268

Date: 20.06.2018

TO WHOMSOEVER IT MAY CONCERN

This is to certify that KAVIN CASTRO M (Reg.No. BA0160021)


Second Year Student at Tamil Nadu National Law School, Trichy has taken
internship in our office from 04.06.2018 to 20.06.2018. During the time of
internship, he attended hearings in the Hon’ble High Court of Madras, drafted
petitions and learned the filing procedure at the Hon’ble High Court of Madras
and Trail Courts.

During the internship period his discipline and involvement in learning


law was good and he has every basic qualification to become a Good Advocate.
By,

K.THILAGESWARAN

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DECLARATION FORM

This internship diary is a presentation of my original research work. The work


was done under the guidance of Mr. THILAGESWARAN, Advocate at the
Hon’ble High Court of Madras.

Date: 20.06.2018

KAVIN CASTRO M

This internship diary is a presentation of the original research work done by


KAVIN CASTRO M, under my guidance at the Hon’ble High Court of Madras,
between 04.06.2018 to 20.06.2018.

Date: 20.06.2018

K.THILAGESWARAN

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RECORD OF DAY-TO-DAY PROCEEDINGS

Day 1: June 4: Mon:-

It was my first day of internship and Advocate Mr. Thilageswaran introduced me to his juniors.
There were around 5 other people who are working in the office and they were very kind and
helpful throughout my internship and many other advocates often visit our office because of
the benevolent nature of Mr. Thilageswaran. The office is situated in the Thambu Chetty Street
which is very near to the Madras High Court.

The interns are required to get a monthly and only then are permitted inside the court
halls. So along with one Mr. Bhelman, I went that afternoon to the court and along with the
required documents I applied for the monthly pass and I was told that it would be given to me
that evening and meanwhile I received the one day temporary pass. We were going to the filling
section and he was explaining about what type of work is done there. That day I was along with
him till evening and later around 5pm we collected the pass and returned to the office. Then I
again interacted with other advocates about the field of law and various other things till I left
for home around 8.30pm.

The office timings depends on whether it is a working day for court and the number of
cases that are listed for the day. However, I was asked to come to the office around 9.30am and
I leave the office around 8.30pm.

Day 2: June 5: Tue:-

The next day I went along with the seniors to court and we had a case in court hall no. 2. It was
a writ petition and we were for the petitioner’s side. Since I was new I didn’t know the facts
and only during the proceedings I was explained by a senior. After the hearing we came out
and the case was posted to next month.

Then we attended the other cases in different court halls. It was difficult for me to
understand the geography of the high court at the beginning and it was confusing to find the
court halls since there were around 40-50 court halls. I was only asked to observe and explore
the campus and listen to the case proceedings, since it was just my second day.

After having lunch in the office, I read the newspaper and then was observing how the
senior attends the clients and gives them legal remedies honestly than just giving false hopes.

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Day 3: June 6: Wed:-

Out of all the courts I have visited in the Madras High Court, court hall no. 38 was my favorite
and I imagined how amazing it would be if almost in all the courts the judges were like the one
in this court hall. It was Justice Mahadevan’s court, which truly inspired me to the core. Our
case was the third one and after accepting the request for postponing from the respondent side,
the case was posted to 18th of the same month. Then I visited other courts and then returned to
office for lunch. That day I was slightly familiarized with the court halls.

After lunch, at office a case bundle was given to me and I was asked to read and explain
the case to the senior the next day.

Day 4: June 7: Thu:-

Every day I was permitted to read newspaper and I discuss with others regarding legal trends
and whenever I get time I also read live law. I explained to my senior the facts of the case and
the issue and the rule that is related. The senior asked me to research further and to provide him
with necessary statutes and judgements relating to the case along with my day-to-day works.

Day 5: June 8: Fri:-

Now I am almost well aware of my daily works. Day begins in the office then I go to court
along with seniors or sometimes alone (now I almost know the location of most of the court
halls). Litigation is actually interesting because, you are going to be an advocate and advocacy
of rights. I was raised up in a manner where if there is any injustice I do not hesitate to question
the wrongful act. I feel blessed for taking up this profession, as my job is itself to provide
advocacy to the needy.

In office I help others with some basic things and rest of the time I was required to be
engaged in reading and before leaving the office usually everyone sit together and I explain
them regarding what I have read that day. Reading involves books, judgements, case briefs,
statutes, etc.

THE OFFICE REMAINS CLOSED FOR THE INTERNS ON SATURDAYS AND SUNDAYS

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Day 8: June 11: Mon:-

It has been a week since I have started my internship. “Law is deep as an ocean. Justice rather
than being served to the downtrodden is sinking down. Let us all hope, believe and work so
that Justice will be served for All.”

Though judiciary is a credible institution among the three (legislature and executive),
some loopholes and corruption is decreasing the values of the institution, but having a written
constitution we must never give up the hope on democracy. This new exposure to court halls
and the functioning of the judiciary as an institution with judges as key players, everyday some
new thoughts evolve and fade within me. Some of those thoughts I share with my senior and I
am grateful for having interned under such a person. For his kindness and guidance that will
lead, everyone in a right path and for the encouragement that will make us achieve our goals.

Day 9:- June 12 : Tue:-

I attended the proceedings of an important case today. One was in the chief justice’s court
(court hall 1) relating to batch of writ petitions praying for declaring the elections to the Co-
operative Societies in the State of Tamil Nadu that was conducted on 5.3.2018 under the Tamil
Nadu Co-operative Societies Act, 1983. The arguments on that day were only regarding the
maintainability of those petitions, in respect to whether the courts have jurisdiction to look into
the matter or not.

Second was a new case for which a writ petition was filled relating to Teachers Transfer
Counselling. I assisted the seniors in finding the G.O. which needs to be challenged, then in
stationery works i.e. getting the documents printed and then also learned to stich the petitions
etc. in the required order and accompanied the senior to the filling section and also learned that
procedure. That day after returning to office, I started reading about co-operative societies etc.

Day 10:- June 13: Wed:-

The case for which a writ petition was filed yesterday came up for hearing that afternoon and
it was in court hall 36 I guess. Justice M.Sundar was hearing that matter. At last our client was
allowed to participate in the counselling against the impugned G.O. Then around 3pm I
attended the proceedings in CJ’s court relating to Co-operative Societies Election.

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Day 11:- June 14: Thu:-

That day I spent most of the time reading the Tamil Nadu Co-operative Societies Act and few
judgements related to the maintainability of petitions. At 1pm a bench of CJ and Justice
M.Sundar convened to deliver some of the decided judgements. One important judgment
among them was the 18 MLA disqualification case and it was huge buzz inside the court hall
1. It was filled with journalists, student interns and advocates. It was surprisingly a split verdict
and hence the matter will be referred to a third judge who will decide the case and the third
judge will be selected by the second senior most judge of the madras high court.

Day 12:- June 15: Fri:-

It was Ramzan and hence the office remained closed.

Day 13:- June 16: Sat:-

It was a high court holiday and but I went to office. I discussed with others regarding what all
I have observed and read so far. Later I was reading a judgement relating to environment
conservation and then read the Industrial Disputes Act, 1947. Then I did some office work and
left the office around evening.

THE OFFICE REMAINED CLOSED FOR THE INTERNS ON SUNDAYS

Day 15:- June 18: Mon:-

On Sunday I revised and read cases relating to the one which I read on my third day of my
internship. I collected some more points and assisted my senior. The case was listed 8th on that
day in court hall no. 38. I observed the arguments of my senior and then judge asked a reply
for all the questions raised by the petitioner side to respondents and also asked the respondents
to provide a substantiated reply that mere unsubstantiated arguments.
On that day I also visited other courts as usual and then at afternoon attended the
principal family court and metropolitan magistrate court. It is bitter to see how matrimonial
disputes are increasing to that extent which makes the family courts the crowded one.

Day 16:- June 19: Tue:-

A group of clients came out with the issue related to the national pension scheme and Pension
Fund Regulatory and Development Authority. I was asked to read on that and I read the
overview of this, which the clients have themselves brought. It is so disheartening how this

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new scheme which was introduced somewhere around 2003 is against the constitutional
principles and especially the directive principles of state policy. Then I attended the
proceedings in high court. Afternoon I again attended the trial court and observed the
proceedings.

Day 17:- June 20: Wed:-

It was my last day of internship and as usual I attended the high court proceedings. According
to my observation, “when justice is not served, mere adherence to law makes no sense.” The
reason for me stating this quote is that, the ability to question things have reduced among the
people and those who question the wrong are being harassed. When the legislature fails to enact
laws which will provide welfare to the state and when executives do not implement the laws,
the courts of justice is the final place which gives us hope. So the judges I believe should not
be mere legal positivists who will just apply the black letters of law, rather they have to take
one step ahead like how it is stated in mischief rule of interpretation and beneficial legislation
so as to, understand the objective or intension of any statute and application of it to the victim
by understanding his socio economic background and by following the principles of natural
justice where one has to consider equity and good conscience and then render justice.

I am blessed to have interned in the office of Mr. Thilageswaran and this 17 days were
a great learning for me.

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CASE BRIEFS/ ASSIGNMENTS:

1. I researched on co-operative societies and elections disputes arising out of that and
maintainability of such petitions in courts. I have helped my senior from explaining the
local self-governance and importance of 93rd and 94th amendment and also provided
him with necessary case laws.
2. Then with relation to the matter in justice mahadevan’s court. I researched on the
qualification for being a teacher and the difference between B.Ed and B.Ed special
education and have collected G.Os of tamil nadu government which holds that both can
be considered as equivalent to each other. I have also found few supreme court
judgements related to this and have assisted my senior.
3. Then with regards to the teachers transfer counselling, I started my research from
collecting the G.Os and by collecting the precedents. I have also helped them in filing
the petition and in various occasions I have contributed my best in that case.
4. Then I have read an order of the district court of Coimbatore relating to divorce and my
assignment was to convince my senior whether he must take it or not. To find whether
there is merit in the case. Then I have read the order and made notes and briefed my
senior the entire case and replied to his questions as well.

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TAMILNADU NATIONAL LAW UNIVERSITY

(A State university established by Act No.9 of 2012)

Navalur Kuttapattu, Srirangam (TK), Tiruchirappalli – 620 009. Tamil Nadu.

INTERNSHIP DIARY

STUDENT NAME: KAVIN CASTRO M

REGN. NUMBER: BA0160021

YEAR OF STUDY: 2ND YEAR B.A. LL.B. (Hons.)

INTERNSHIP TYPE: ADVOCATE , COIMBATORE DISTRICT COURT

ORGANIZATION NAME: ADVOCATE OFFICE, M.S. BALAJEE SRIDHAR

TEL. NO. – 0422 4396123, 0422 4396144

EMAIL ID. – adhipaalaw@gmail.com

PERIOD OF INTERNSHIP: 13 DAYS (2ND JUNE – 14TH JULY, 2018)

INTERNAL SUPERVISOR’S SIGNATURE: __________________________

DATE:

EXTERNAL SUPERVISOR CERTIFICATE SUBMITTED:

INTERNSHIP DIARY SUBMITTED:

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DECLARATION FORM

This internship diary is a presentation of my original research work. The work


was done under the guidance of Mr. M.S. BALAJEE SRIDHAR, Advocate
Office, Coimbatore.

Date: 14.07.2018

KAVIN CASTRO M

This internship diary is a presentation of the original research work done by


KAVIN CASTRO M, under my guidance at Coimbatore, between 02.07.2018 to
14.07.2018.

Date: 14.07.2018

M.S. BALAJEE SRIDHAR

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RECORD OF WEEKLY PROCEEDINGS

02.07.2018 to 07.07.2018 (Week 1)

It was my first day of internship and bearing the few days of my previous internship, this is my
first exposure to the trail court (sub-ordinate judiciary). the advocate office was bit huge and I
interacted with the senior Mr. Balajee and on my first day we mainly dealt with the reason for
me choosing law as career and he also explained about the art of compiling the discussions
with clients which happens in the lower courts.

Then there were around 15 other people working under him and was introduced to them.
Then later one Ms. Priyanka was asked to take me to the district court that day itself. On my
first day I just met many new people and was exploring the campus and was observing
everything around.

Then from the next day, I was asked to come to office around 9.30am and I leave the
office sometimes at 6.30pm and sometimes It was around 9pm. It depends on the work assigned
to me. But I never felt the work to be hectic at all, I only enjoyed learning new things everyday.
During my internship I have visited the consumer forum, sulur trial court, then all the courts in
the combined court complex at Coimbatore.

My seniors were very kind and they were happy to hear my questions and explained
me the different courts in the sub-ordinate judiciary. In the civil side, it is district munsif court,
sub judge court, district judge court. In the criminal side, it is judicial magistrate court, sessions
court, district judge court. For labour related there is separate labour and cbi courts.

I observed the proceedings in the principal district munsif and how chief and cross and
witness are been conducted. Whenever in office, I either read any bare acts or I take any case
brief and read it. The office mainly concentrated in civil cases and it was initially difficult for
me to understand few things as in my law course subjects related to civil law only starts from
3rd year.

I also attended the additional labour court and I loved the arguments when it is for the
rights of labours. Then I also attended proceedings in judicial magistrate courts.

The first week was one for me to learn and observe and understand about the lower judiciary
and about the jurisdiction and etc. but the learning process and getting to know many other
advocates was fun.

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THE OFFICE REMAINS CLOSED FOR THE INTERNS ON SUNDAY

08.07.2018 to 14.07.2018 (Week 2)

Some of the topics which I concentrated as to help my seniors were related to annulment of
marriage under section 12(1)(c) of Hindu Marriage Act. I was introduced to Mr. Kingsley who
was the sole criminal advocate there in the office. But we had discussions on IPC and how
criminal courts are different from all the criminal jurisprudence.

Then in consumer forum I assisted one senior Ms. Nalinishree. The case no. is CC. No.
4* of 2014. We were appearing for the opposite parties (ICICI bank). I learned more about the
differences in petition, plaint, counter petition, return statement, etc.

Then in the additional district munsif court, there was a case which would come up in
the next week. Based on the instructions given to me, I drafted an Interlocutory application for
a case related to declaration and permanent injunction (O.S. No. 15** of 2014). Then was also
asked to make a restoration petition in (O.S. No. 2* of 2013). The whole week I used to attend
the court proceedings in various court halls and was very familiar with regards to the court
halls. And also read various other case briefs including one which is related to criminal case
involving sections 279, 304(A) of the IPC.

And almost every day I used to involve in correcting any complaints and other
stationery works etc. And most of days, I used to sit along with the senior when he dictates to
the stenographer and then after the steno gives takes a printout I read those drafts.

On the last day, I met my senior and got the internship certificates and this learning
experience was entirely different from my previous high court internship. This internship gave
me an insight with relations to Indian judiciary and the issues, which needs to be rectified,
especially speedy justice.

CASE BRIEFS/ ASSIGNMENTS:

The assignments and case briefs that were done by me during the internship are mentioned in
the weekly proceedings.

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