INTERNSHIP DIARY -SESSION: 2019-2020

Subject-BLBH 415: Moot Court

Submitted TO- Dr.chandranath Singh
Mr Abhishek Rai
Duration of internship- 1 month

Name-Anuj Kumar
Pal

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 Roll no- 16225BLT010

Day 1

Day 1 was all about court visits and court introduction in brief and I got to know following courts are
functioning .

1) civil judge and rent controller

2) district judge / additional session judge

3) additional district judge

4) family courts

5) motor accident court tribunals etc

6) GORAKHPUR DISRICT COURT

Day 2

SUNDAY

Day 3

I was explained in detail about heirchy of prosecution

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Day 4

EID-UL-FITR -holiday

Day 5

As the court were closed sir called us in chamber and provided us case for study my case was

GREENOPOLISH WELFARE ASSOCIATION….COMPLAINANT

Versus

M/S ORRIS INFRASTRUCTURE PVT.

LTD & ANR. ….OPPOSITE PARTIES

In this case also they were two parties involved in building a project and opposite party 2 was
praying not to be liable for delay in delivery of possession as there was no contract between him and
buyer .

Day 6

SIR asked me to make a report of my own research case

CASE LAW : G . Srinivasana vs. P. Karuppusamy

Dated – 5 JUNE 2015

The next question considered by the learned Arbitrator is whether the claimants are entitled to
claim compensation from the opposite party for breach of contract. The opposite party has
abandoned the contract and failed to perform his part of the obligations and so according to the
claimants, since the contract having been rescinded, they are entitled to claim compensation. The
claimants have submitted that they could have run the business, if possession of mill was not given
to the opposite party, but in the absence of acceptable details, the approximate income by running
the mill cannot be calculated. The claimants have stated that they are entitled to compensation
under Section 75 of the Indian Contract Act. Section 75 of the Act provides that a personwho
rightfully rescinds a contract is entitled to compensation for any damage, which he has sustained
through the non fulfilment of the contract. In this case, the claimants are out of possession of the
mill of the company and the claimants were deprived of their earning through the mill. Since there is
no evidence regarding the quantum of income from the mill and the company, the learned
Arbitrator has found that the claimants are entitled to nominal compensation, for the loss of
business from 30.12.2007 till possession is restored to the claimants. Section 73 of the
Indian Contract Act provides for compensation for loss or damage caused by breach of contract. A
person cannot unjustifiably enrich himself by retaining anything delivered to him, which does not

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belong to him. So the learned Arbitrator was of the opinion that a nominal compensation of Rs.1
lakh per mensum can be awarded for the period from 30.12.2007 till possession is restored. The
claimants have claimed compensation, at the rate of 5 lakhs per men sum, but there was no
document or details furnished before the Arbitrator.

Day 7

I WAS ASKED TO READ ANOTHER CASE OF CONSUMER COMPLAINT AND FILE WAS PROVIDED TO ME
BY SIR

Consumer Complaint Number 139 of 2013

PARTIES:

Abhishek Garg  Complainant

B.P.T.P. Ltd. and Ors  Opposite Party / Respondent

CORAM:

Hon’ble Mr. Justice Ajit Bharihoke, Presiding Member

Hon’ble Mr. Anup K. Thakur

COUNSEL FOR THE PARTIES:

Complainant: Vivek Gupta

Opposite Party/ Respondent: Mr. Pragyan Sharma, Ms. Kiran

SYNOPSIS:

Complainant made a payment of Rs.1,05,04,326/- from year 2006 onwards to the respondents but
the respondents are not in a position to handover the possession and execute conveyance deed of
the plot.

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The respondents have fraudulently extracted huge amount from the complainant and the
possession of the plot is not delivered yet. Hence, the consumer complaint was filed before the
Hon’ble Court.

CASE STUDY

First Appeal Number 476 of 2017

PARTIES:

M/s Citi Green Farms(P) Ltd  Complainant

Rishikesh Borkotoky  Opposite Party / Respondent

CORAM:

Hon’ble Mr. Justice D.K.Jain, President

Hon’ble Mrs. Shreesha, Member

COUNSEL FOR THE PARTIES:

Complainant (Before State Commission): Mr. C.V.Earappa

Appellant (Before National Commission): Mr. Ashok Bannidinni

SYNOPSIS:

The appellant states that the respondent instituted the complaint with a malafide intention and to
make illegal gains. Also he states that instead of making the payment towards the construction of
the villa he filed a false complaint on the basis of illegal documents which were created for the sole
purpose of the complaint. Hence, the appellant filed an appeal before the Hon’ble commission.

Day 8

A session was held by a 4th year law student, karan khetani, on the amendment in the JJ act. The
discussion was on whether this reduction in the age of a juvenile from 18 to 16 years was valid and
constitutional. The constitution of our nation describes a state to be a welfare state which means
that state should do work for the welfare of this nation. But, if a state can convict a 16 year old boy

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 or girl for some crime, then how come it is a welfare state. The question raised was whether this age
reduction will solve the problem and whether this amendment was actually necessary at all. How
was the old act inappropriate that an amendment was brought when the old one was not even
implemented properly? Moreover, when it comes to age bars, what sort of system is this which has
different age bars for different acts?

DAY 9

SUNDAY

DAY 10

LANDMARK JUDGMENTS

1. Kamla Arora v. Oriental Insurance Co Ltd and Anr. ( INSURANCE)

2. Andhra Bank v. Mudunuri Baby Sarojini & Anr. (BANKING)

3. Naveen Singh Bhandari v. SBI Life Insurance (INSURANCE)

4. Subramayan v. Siddaraja (HOUSING)

5. Ajit Santokchand Surana v. National Insurance Co. Ltd ( MEDICAL INSURANCE)

6. GDA v. Balbir Singh

7. Regional Provident Fund Commission v. Shiv Kumar Joshi

8. State of Haryana v. Santara

9. Charan Singh v. Healing Touch Hospital

10. HUDA v. RP Chawla

Day 11

I was asked to understand different kind of bail petition in which the accused failed to comply

with conditions and then he re applied for extension of time for fulfilling the conditions of the

bail.

Case name: chinnakannu v. sub inspector of police ( C.M.P.No: 4396/ 2016)

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In this the case was registered against one rajkunar, p. saravanan, tamilarasan on 23.9.2014 on

the report the given by one mani and a FIR was registered under 379 of IPC. It is said that

while they were trying to steal the bell the petitioner helped them cover the bell with a bead

sheet so that no one would see them steal, he helped them to commit the crime.

Later he got anticipatory bail on 28.01.206 he was told to produce sureties within 15 days from

granting the bail. The petitioner states that he was afraid of the police and went to theni there

got sick with jaundice so he wasn’t able to move from that place. As undergoing treatment the

doctor told him to not to travel. He delayed to fulfill the condition of producing the sureties by

305 days. So this above petition is to state the reason for the delay of the petitioner to fulfill

the condition.

chinnakannu v. sub inspector of police ( C.M.P.No: 4397/ 2016)

This petition is to file again for the extension of time to produce the sureties, as there was a

delay he has to file petition.

Day 12

Case name: mariappan v. inspector of police (cr.no.179/2016)

Here the petitioner has submitted a bail petition. On 12.07.2016 at about 6.00 one arukkani

gave a complaint to the police that on 11.07.2016 the complainant’s daughter committed

suicide by hanging herself. After the investigation it was found that the petitioner has harassed

her. So a case was registered under the section 174(3) Cr.P.C (suspicious death) and

498(A), 306 IPC. The petitioner states that he is innocent and that he did not commit the

offence. He is also under judicial custody from 09.12.2016.

Case name: Rep. by all women police v. ranjith

The accused no:3 was married to the complainant. The accused here requests for anticipatory

bail. The accused states that he and wife started and quarreling and also that her mother would

also threaten him that they complaint against dowry case. On 19. 8. 2016 they had a quarrel

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from some problem and her mother got admitted in the hospital and told that the accused beat

her. The police used to call him for frequent interrogation even during night time. He has

requested for AB stating that there is no complaint or FIR filed against him. on 19-09-2016 his

wife lodged a complaint stating the his father used fire log to injure her so he was arrested. The

police have registered under the section 498A, 324 & 506(ii) IPC.

Day 13

Case name: thirumurugan V. inspector of police (C.M.P.No: 4400/2016)

A FIR was registered under the section 323, 392, 506(ii) of IPC on 16.12.2016. The

complainant thathapan had one and half acre of agricultural land. Athanurpatti pandyan bought

10 acres of the adjoining land. As there was no way for those 10 acres he asked for the

complainants half an acre. The complainant refused to give so the accused threatened him also

on 16.12.16 the accused and his people build a hut in his land and snatched the Rs. 10,000

which he had for buying pipes. So now the petitioner seeks for bail and also states that it is a

false accusation.

Case name: habbar v. inspector of police( c.m.p.no: 4322/2016)

In this I was given only the modification bail petition and other case weren’t given to me so

only conditions put forth by the petitioner were known to me. The petitioners obtained bail on

15.12.2016. in the their modified bail petition they want ration card and voter I.D as their

sureties. But the judicial magistriate-2 insisted to submit solvency certificates. They plead that

the lengthy proceedings and inability to obtain sureties and expensive in nature. So they ask for

modification.

Day 14

As there is no court we had discussion regarding a revision petition filed by the public

prosecutor. in the below mentioned case the judge has passed an order for an interim petition

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filed by the accused , so the prosecutor has filed a revision petition stating that the order passed

by the judge is wrong and to reverse the judgment.

After filing the revision petition the court has sent notice to the respondent/ petitioner stating

that they must be present before the court on 6/01/2017 and if they fail to do so then the

judgment would be given in favour of the revision petitioner.

Case name: forest range officer v. k.balasubramanian

Fact: on 17.5.2015 at 3 P.M the respondent’s son karthikeyan was carrying 11.200 kg

sandalwood in the respondent’s car bearing reg.no. TN 37 BF 9615 illegally from the

reserved forest and the revision petitioner caught hold of the vehicle in the yercaud check

post and confiscated the vehicle under section 49 (b) of the Delhi forest act. The criminal

proceeding is pending. The respondent filed for a interim petition to get the custody of the

vehicle and the learned judicial magistrate No.VI Salem passed in favour of the respondent.

So the revision petition was filed to get the custody of the vehicle.

The points to argue for the revision petitioner are as follows:

 It is contrary to the well-established law and facts besides illegal.

 The learned judicial magistrate failed to understand to the tenor section 451 of Cr.p.c

and concluded as if the vehicle could be ordered to be released on terms. But as it

transported illegally it should not be released in the interest of justice.

 The vehicle in the accused name but based on the fact the father of the accused is the

owner of the vehicle.

 Also that this order is contrary to the judgment reported in AIR 2002 SC 221, AIR

2000 SC 2729, wherein it is uniformly decided that the vehicle used for illegal

transportation from the reserved forest shall not be ordered to be released.

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  The lower court also failed to see that the if the interim custody is granted then the he

would sell or alter the vehicle and the police would not be able to prove the

prosecution case.

Day 15-

Today was the discussion regarding the cancellation of bail petition

A short brief about this case is that the petitioner/accused were in possession of a land in

ayothiapuram when the informant filed a suit for injunction and said that the property was his.

The 2nd additional munsif favored the informant then it is overturned by the 2 nd additional

subordinate judge then again it was over turned in favor of the informant by the high court. In

order to get the possession of the property the informant he bought materials build fences and

the petitioner with the help of others stooped the informant with the help of police. The

informant filed a FIR stating they damaged the crops under the section 379 of IPC.

Case name: babu kumar and inspector of police v. madheswaran

the petitioner is the complainant and he lodged a complaint on 13.07.2015 against the accused

who stole his property worth Rs.1,30,250 from his agricultural land. And a FIR was registered

under the section 379 of IPC. The accused filed for AB on 1.8.2015 and they got it (C.M.P.No:

2411/2015) now the petitioner files a petition for cancellation of bail after 1 year by using the

following arguments.

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  The respondents did not comply with the conditions imposed by the honorable court

and also the 1st accused tries to tamper the witness and continuously giving life threat

to the de facto complainant.

 The respondents threatened him.

 The respondents would disturb public peace.

Day 16 -SUNDAY

DAY 17

Case name: srinivasan and chikkan v. S.I. of police

This is a interesting case as the case really twisted with facts. The accused were remanded to

judicial custody on 15.12.2016 for the crime 174 of cr.p.c @ to 302 and 201 of IPC for the

incident on 25.4.2015. According to the F.I.R the complainant was married to the deceased

ayyanar. On 25.4.2015 she got the news that her husband met with an accident and passed

away so filed a complaint on the same day. On 5.5.2015 the police found out that it was a

suspicious death. On 4.11.2016 the new police officer found out that one thangamany (a3) had

illicit relationship with the complainant and that he has murdered the deceased. So the

petitioners A1 and A2 are requesting for bail as they are arrested on a false complainant.

Case name: archunan v. inspector of police (cr.no.725/2016)

The petitioner was remanded to judicial custody for the offence u/s 4(1) (a) 4(1-A) TNP act on

14-12-16. He was arrested for the possession of 180 ml of 5 pattil singam brandy. The

petitioner seeks for bail stating he would accept to any condition imposed by the court.

DAY 18

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Case name: n.shamugavel and ors v. deputy superintendent of police

(C.M.P.No.4366/2016)

The petitioner is the 4th accused and he is also filing the anticipatory bail on behalf of the other

3 petitioners who are his brothers. One mahindran lodged a complaint against the petitioners

that they have stolen their mother’s share of property. The respondents enquired about the

matter on 13.12.2016. the facts states that the partition among the family took place on

5.10.1987. as per the partition the petitioners and their mother sold the property on 1987, 1993

and 2007. The purchasers also made it a housing site and sold it to different other persons and

buildings were constructed. The property is being enjoyed for several years. The petitioners

claim that the complainant have no share in the property a the partition took place on

5.10.1987. now they request for bail.

Case name: ranjith raja v. inspector of police

This petition was filed for the change of name. the petitioner was charged under the section

294(b) 323 and 506(ii) IPC and 4(1)j of TNO act. The court also granted him bail on

21.12.2016 in C.M.P.4331/2016. So this petition is that the his father’s name is actually

KARUNANEETHI but it is typed as karunamoorthy, so he wants to change it.

Day 19

Case name: mohan kumar v. inspector of police

The police filed a case against the petitioner under section 342, 376, 506(ii) of IPC in

cr.no.173/2016 on 26.11.2016. The defacto complainant is one indhu rekha aged 26 years is a

divorced woman who is deaf and dumb. Now she is living with her sister and brother. On

22.11.2016 at 4 p.m it is alleged that the petitioner pushed her into his house and raped. He

threatened to kill her if she told anyone. On 26.11.2016 she reported the matter to the police

station. He was taken into custody in the very same day. The petitioner claims that they are

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related and also that he is younger to her by 4 years and the street is crowded place so he could

have not done the act. He seeks for bail. His first bail application was rejected.

Case name: sasikumar v. sub inspector of police

The police have registered a case under the section 294(b), 353 and 307 of IPC in crime no:

629/2016 dated 21.12.2016. The defacto complainant is working in the subhash wine shop

with his assistant one arul. The petitioner asked M.C.brandi to arul and arul told that they

stopped it, so the petitioner harassed him. Again the petitioner asked to the complainant when

he told that it was not there, the petitioner abused him and also threatened him with a knife.

The petitioner pleads that he is innocent and asks for bail.

Day 20

Case name: somasundaram and ors v. inspector of police (crl.M.P.No:91 0f 2017)

One balaji gave a complaint against the petitioner on 25.11.2016. The petitioner alleges that his

wife and the complainant were in love with each other as their did not accept she was married

to the accused, still the wife and the complainant were in contact through mobile. On

29.10.2016 she called him to her house, so the complainant climbed through the wall to meet

her. At that time when the accused came and shouted the complainant fell. But the complainant

states that he pushed him out of the wall. So fir was filed under sec 147, 148, 294(b), 341, 323,

324 and 506(ii) of IPC.

Case name: venkatesh v. S.I.of police

The petitioner was arrested under the section 419,420 of IPCr/w sec.15(2) of I.M.A act for the

offence which occurred on 21.12.2016 on the complaint given by one valarmathy, medical

officer. The complaint was that the accused ws running the medical shop without proper

license and also giving treatments to the people. The petitioner state that the allegations are

false and requests for bail.

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Day 21

Reported office at 10.45. Met sir today we got practical knowledge and instructions relating
to our Solicitor Practices in company which is very helpful to us. he guided us theoretical as
far as practical aspects relating to company which is helpful to build our future in any
streams. We also got knowledge of Establishment Manual and General Standing Order which
is Geeta of ZCL because this book include all the rules and regulations of ZCL.

We also learned about many schemes like Gratuity, PPF Scheme, Recruitment, Transfer,
Training, Promotion, retirement etc. & also facilities which are provided to employees of
ZCL which are described as follow:

PPF Scheme (Pubic Provident Fund) :

Deduction & Deposition

Day 22

Went office around 10.45 am. Reported to sir where sir gave instruction to read case. We
read the case.

. Marking attendance in must. We reported sir and discuss case about yesterday’s case with
them. There we got knowledge about different stage of case. There were different stages of
the cases of highcourt like civil appeal from order, civil appeal from stamp number, civil
application sca & sca br civil application stamp number, civil revision application, civil
revision application stamp number, cross objection, caveat, first appeal, misc. contempt
application, second appeal, special civil application.. We also got some basic knowledge
about their procedure.

Went home at 6 pm.

Day 23 SUNDAY

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 Day 24

At this day I reached office at 10.30 today sir told me to go through the environment, safety
and health policy adopted by ZCL.following are the the policy used by ZCL.

At ZCL Chemicals, We aim to use natural resources efficiently and minimize the environmental
impacts of our activities and products during their life cycles.

We manage our environment, health and safety issues using a management system aligned with
recognized management system standards such as ISO 14001 and OHSAS 18001.

Our management system is based on a structured framework that starts with a policy. The policy is
supported by standards, guidance materials, tools, training, recognition and audits that assist the
business to manage environment, health, and safety at the sites throughout key business operations.
Systematic audits assess sites’ adoption of a management systems

approach to manage their risks.

We are committed to providing safe workplaces in our company, associates and third-party personnel.
Our impressive safety performance owes as much to management attention and well-trained employees
as to elaborately engineered systems. Indeed, safety culture and behavior-based safety programs are
increasingly seen as key to the continued improvement of occupational health and safety over the
coming years.

EHS Policy

ZCL believes that sustainable development, in any environment, has to be a participatory process, with the
local population being the biggest stakeholder. We work closely with the local community to keep the air,
water and land both safe and healthy. We take active interest in the well-being of the local community and
continue to make a valuable difference. Voluntary community work and monetary support are part of our
corporate culture. We play a proactive role in minimizing pollution across the industry. Our EHS policy is
mentored by EHS organization. In our journey towards sustainability, the EHS team sets goals and
benchmarks and works towards achieving them. The highlights of ZCL's EHS policy are

 Comply with all applicable laws and regulations pertaining to EHS

 Be prepared for all possible emergency situations and respond to them as planned

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 Set objectives, achieve targets and consistently improve environmental performance
 Ensure safe handling and disposal of our hazardous and non-hazardous waste
 To achieve continuous Improvement in EHS performance based on conservation of natural
resources like energy and water on a permanent basis through periodical audits and management
actions.
 Sensitize our employees about preservation of the environment, their roles and responsibilities
through continuous training

To support our policy we have formulated certain procedures. Comprehensive, compulsory EHS
Procedures define global standards and to help us to fulfill that commitment.

Leave office at 3 p m as I have some social work.

Day 25

Went office at 11 and today I have continue with the safety guidelines and procedure.

Guide line 1: related to EHS policy implementation

Establishes a framework to ensure that our health, safety and environmental protection
standards are implemented and communicated throughout the company. The guideline
outlines the HSE organization and defines the roles and responsibilities of various levels of
the oraganisation.

Guideline 2: releted to emergency management (OSEP)

Defines procedures to effectively manage unforeseen incidents with potentially significant

impact on people, the environment, or the property and reputation of ZCL.

Guideline 3: related to occupational health

Provides a framework for safeguarding the health of ZCL employees and others on our
premises, including protection from chemical, physical, biological, and ergonomic hazards.
The guideline also encourages health promotion programs for employees.

Guideline 4: related to warehousing

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Summarizes the basic principles and rules for reducing warehousing risks. Applies to the
storage of raw materials, intermediates, active ingredients, finished products and wastes.

Guideline 5: related to waste management

Defines guidelines to minimize generation of waste – hazardous and non-hazardous – and to

ensure that the remaining waste is treated, stored and disposed of in a safe and
environmentally sound management.

Guideline 6: Releted to EHS induction

Environment

We are committed to environmental stewardship across the value chain. We keep wastes to
the minimum and clean gases and effluents scientifically. We implement solvent recovery
processes. We are implementing conventional biological treatment for effluents. We have
incorporated a Chemical Management system, enabling access to safety information for a
vast database of chemicals. Our R&D center follows our policy of sustainable development.
We strive to eliminate chemical hazards at the R&D stage itself.

Along with plant units, the staff carries out extensive studies for each product and pilot plant
batch. Process safety is a key thrust area. We assess our regulatory and business needs and
identify EHS hazard information for all new processes

Health

Employees are our biggest assets and their health is of vital importance to us. We follow best
practices to maintain our manufacturing plants and undertake regular medical check ups for
our employees.

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All employees undergo periodic medical checkups by an independent agency, while those
exposed to chemicals undergo special tests. Site has an occupational health center managed
round-the-clock by a visiting medical practitioner.

We have an emergency response and crisis management plan. Our plants are well equipped to
handle emergencies. We conduct surprise mock drills to keep employees on their toes, in the
event of any untoward situation. At a macro level, we are part of the district level crisis group
and hold meetings that are attended by government officials.

Safety

We leave no stone unturned to ensure the safety of our workers and the environment. We
have stringent pro- environment, pro-employee policies and maintain complete transparency
transparency in our activity Adherence to safety norms is a pre-condition to employment. The
employee's performance in health and safety matters is a critical component of the annual
appraisal.

We provide detailed guidelines and technical information as part of the framework for
managing environment, health and safety. Training and awareness programmes, based on the
guidelines, inform employees at all levels about risks, to create a culture where EHS
considerations are integral to the way we do business, and to help employees understand the
EHS issue specific to their job.

Most EHS training is managed by the sites and is specific to job roles. EHS professionals
receive induction training and undertake regular training to ensure they are aware of the latest
technical information in their fields.
.

Day 26

Reported office at 11am.Sign in attendance register. Today madam gave us case to read. We
read whole case and judgment of case. Fact of case was as below.

LETTERS PATENT APPEAL No. 2199 of 2010

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CENTRAL GUJARAT ELECTIRICTY COMPANY LTD. - Appellant(s)

Versus

PATEL PRAKASHBHAI BHAGWANDAS - Respondent(s)

The short facts of the case appears to be that the petitioner was having one electric connection
for a tube well of 20 HP for the purpose of irrigation. As per the petitioner, it did applied for
another connection on 01.06.2006 by paying the requisite fees for registration of Rs.200/-.
Thereafter, the estimate was also prepared and the petitioner deposited the requisite amount
of Rs.9,855/-. As per the petitioner, the another connection was applied for another tube well
since in the existing well, where the connection was in existence as per the petitioner, there
was no sufficient water. The petitioner accordingly dug the well, but the connection was not
granted to the petitioner for 20 HP load. Under these circumstances, the petitioner has
approached to this Court by way of the present petition.

Day 27

We reached office around 11 am. In the afternoon madam call us and told us to read one
recent case judgment. It was case of non renewal of registration. Against the judgment of
high court LPA were field in High court. We read same case. Short facts of case was as
below.

ELECTRO INSULATORS THROUGH PROP. JANAK INDULAL VYAS -

Petitioner(s)

Versus

URJA VIKAS NIGAM LTD THROUGH MANAGING DIRECTOR & 3 -

Respondent(s)

In this case application is made to issue a writ of mandamus or any other appropriate writ,
order or direction by quashing and setting aside impugned orders/ communications by
UGVCL and by MGVCL respectively and further direct the respondent no.3 to consider and
grant renewal or re-registration of vendor registration to the petitioner firm.”

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In this case the petitioner was granted registration as a vendor. He had given application for
renewal of vendor registration for supply of MMB, etc. It is the case of the petitioner that
pursuant to an endorsement made on this application, the petitioner paid an amount of
Rs.10,000/- to the authority, a copy of payment but still the vendor registration of the
petitioner is cancelled. The ground for cancellation of the vendor registration , which reads as
under;

“As per condition no.6 of vendor registration, the firm has to promptly advise all the
companies for any change in their address of office, factory, partnership deed or any articles
of associates of their concern, telephone nos. etc. since their registration.”

Further “During inspection of your work by officers of the UGVCL as well as PGVCL, it
was found from Sale Deed No.4819/ 2007 & 4820/ 2007, Plot No.9A as well as factory shed
were sold by Mr.Janakbhai I. Vyas, Proprietor of M/s Electro Insulators to Mr.Ajaybhai P.
Maheta of M/s Sadguru Insulator since 25.09.2007. .. ..”

The communication further reads that,

“ .. .. Looking to the machinery and kiln conditions, contracted load, production is not
possible at this stage. And not submitted the documents after change in legal entity. Thus,
the firm has violated the condition no.6 of the vendor registration letter.”

We read whole judgment and Left from office at 6 pm.

Day 28

Reached to office at 11 am. We stared with routine work of the office like making board,
arranging files. In the after noon madam call us ask about yesterday’s case. We put our
summary of point before point. Madam gave some import tent information regarding LPA
and Proceduce of LPA which is given below.

LETTERS PATENT APPEALS

In simple words letters patent appeal is an intra court appeal. it is  an appeal before two
judges of same high court against judgment of single judge. subject to minor differences in

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different High Court Rules, normally a judgment and order passed under Art 226 of the
Constitution is appealable as LPA and  judgment and order passed under Art 227 is not
appealable under this category . 

Accompaniments to appeal.

A Letters Patent Appeal shall be accompanied by the following papers :—

(i) A typed copy of the memorandum of the Letters Patent Appeal.

(ii) Two typed copies of the memorandum of the original appeal.

(iii) If the Letters Patent Appeal is from the decision of an application, two typed copies of
the application.

(iv) If the Letters Patent Appeal is from an appellate decision, two typed copies of the lower
Court's judgments.

(v) Two typed copies of the judgment of this Court where judgment has been delivered.

Appeal to be placed before Division Bench for admission. —Appeals under clause 15 of the
Letters Patent shall be placed for admission before a Division Bench.

No fresh Vakalatnama where Advocate appeared in original proceeding. — An Advocate

who has appeared at the original hearing may file and appear in appeals without filing fresh
Vakalatnama. Provisions of Order XLI, Civil Procedure Code and rules regular appeals to
apply to Letters Patent Appeals. — Except as otherwise provided in this Chapter, the
provisions of Order XLI of the Code of Civil Procedure and the rule herein contained
applicable to regular appeals shall apply to Letters Patent Appeals.

Limitation  for Revision under Letters Patent, etc. —Applications for the exercise of the
revisional jurisdiction of the High Court under Letters Patent or under any special or local
law for which no period of limitation is prescribed by any such special or local law shall be
presented within 90 days of the date of the decree or order sought to be revised. The time

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required for obtaining certified copies of the judgment or decree or order sought to be revised
shall be excluded in computing the said period of 90 days.

Left from office at 5.30.

Day 29

Reached office at 10.30 am. Met sir and discuss abut the procedure of loka adalat. sir gave us
all the details of lok adalat how the lok adalt take place , its benefit and work of lok adalt.

PROCEDURE FOR ORGANISING LOK ADALAT—

(1)The Secretary of the High Court Legal Services Committee or the District Authority or the
Chairman of the Taluk Legal Services Committee as the case may be, shall convene and
organise Lok Adalatsat regular intervals: 

Provided that the Secretary of the High Court Legal Services Committee or the District
Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, shall
convene a Lok Adalat as soon as about 30 cases referred to it under Sec. 20 of the Act or
otherwise are available for being taken up. 

(2) The Secretary of the High Court Legal Services Committee or the District Authority or
the Chairman of the Taluk Legal Services Committee, as the case may be, may associate the
members of the legal professionals, college students, social organisations, charitable and
philanthropic institutions and other similar organisations with the Lok Adalats. 

INTIMATION TO THE STATE AUTHORITY— (1) The Secretary of the High Court Legal
Services Committee or the District Authority or the Chairman of the Taluk Legal Services
Committee as the case may be, shall inform the State Authority about the proposal to
organize the Lok Adalat well before the date on which the Lok Adalat is proposed to be
organised and furnish the following information to the State Authority— 

the place and the date at which the Lok Adalat is proposed to be organised; 

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whether some of the organisations as referred to in para.2 (2) of this Scheme have agreed to
associate themselves with the Lok Adalat; 

categories and nature of cases, viz. pending cases or pre-lltigation disputes, or both, proposed
to be placed before the Lok Adalat: 

number of cases proposed to be brought before the Lok Adalat; 

any other information relevant to the convening and organising of the Lok Adalat 

NOTICE TO THE PARTIES CONCERNED—

The Secretary of the High Court Legal Services Committee or the District Authority or the
Chairman of the Taluk Legal Services Committee, as the case may be, convening and
organising the Lok Adalat shall inform every litigant whose case is referred to the Lok
Adalat, well in time so as to afford him an opportunity to prepare himself for the Lok Adalat.

COMPOSITION OF THE LOK ADALAT.— ( 1 ) At High Court Level.—

The Secretary of the High Court Legal Services Committee organizing the Lok Adalat shall
constitute Benches of the Lok Adalats, each Bench comprising two or three of the following:

a sitting or retired Judge of the High Court: 

a member of the legal profession; and

a social worker. 

At District Level—The Secretary of the District Authority organising the Lok Adalat shall
constitute Benches of the Lok Adalat, each Bench comprising two or three of the following:
— 

a sitting or retired judicial officer; 

a member of the legal profession; and 

a social worker or para-legal of the area. 

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At Taluk Leuel—The Chairman of the Taluk Legal Services Committee organizing the Lok
Adalat shall constitute Benches of the Lok Adalat, each Bench comprising two or three of the
following:—

a sitting or retired judicial officer; 

a member of the legal profession; 

a social worker or para-legal of the area, preferably a woman. 

SUMMONING OF RECORDS AND THE RESPONSIBILITY FOR ITS SAFE CUSTOD

The Secretary of the High Court Legal Services Committee or the District Authority or the
Chairman of the Taluk Legal Services Committee, as the case may be, may call for the
judicial records of those pending cases which are referred to the Lok Adalat under Sec. 20 of
the Act from the concerned Courts. 

If any case is referred to the Lok Adalat at the pre-litigation stage, the version of each party
shall be obtained by the Secretary of the High Court Legal Services Committee or the District
Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, to be
placed before the Lok Adalat. 

he Secretary of the High Court Legal Services Committee or the District Authority or the
Chairman of the Taluk Legal Services Committee, as the case may be, shall be responsible
for the safe custody of the records from the time he receives them from the Court till they are
returned. 
(4) Each judicial authority is expected to co-operate in transmission of the Court records. 

(5) The judicial records shall be returned within ten days of the Lok Adalat irrespective of
whether or not the case is settled by the Lok Adalat with an endorsement about the result of
the proceedings. 

Day 30 -SUNDAY

DAY 31

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Reached office around 2 pm. As it was our last day of our internship so we met all the staff
member and spend some good time with them and after submission of my report I left that
place .

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