Anushka Internship Report
Anushka Internship Report
Anushka Internship Report
Submitted in partial fulfilment of the requirements for the award of the degree of
To
Batch (2022-2027)
1
CERTIFICATE
Internship is conducted by me, and the Report submitted is an authentic work carried
The matter embodied in this Report has not been submitted earlier for the award of
Date:
Designation:
Countersigned
2
ACKNOWLEDGMENT
I am also deeply appreciative of the entire team at VIKALP LAW FIRM for their
constant support and for making my internship experience truly rewarding. Their
willingness to share their expertise and provide practical guidance has been
law.
Sincerely,
AKANSHA
3
TABLE OF CONTENTS
1. Index 1
2. Certificate 2
3. Acknowledgement 3
4. Table of Contents 4
5. List of Abbreviations 5
6. List of Tables 6
7. Chapter - I 7-22
8. Chapter - II 23-32
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LIST OF ABBREVIATIONS
SC Supreme Court
HC High Court
SEC. Section
ADV. Advocate
5
LIST OF TABLES
6
CHAPTER - 1
LEVEL
frameworks.
3. British Period:
(a) Early British Rule: The British East India Company initially applied
(d) High Courts Act of 1861: This act established High Courts in the
Adalats, which were the highest courts during the Company’s rule.
in 1950 laid the foundation for the modern judicial system. The
Supreme Court of India was established as the apex court, with High
(c) Judicial Reforms and Modernisation: Over the years, several reforms
the judiciary. The introduction of Fast Track Courts, Lok Adalats, and
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1.2. HIERARCHY OF INDIAN COURT SYSTEM
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1. SUPREME COURT:
(a) Apex Court: The Supreme Court is the highest judicial authority in India.
of 33 other judges.
2. HIGH COURTS:
(a) State-Level Courts: High Courts operate at the state or union territory
level. Each state has its own High Court, although some High Courts
state.
(a) District Courts: These are established by the state governments for
population.
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(b) Jurisdiction: District Courts have original jurisdiction in both civil and
(c) Sessions Courts: These courts handle serious criminal cases and are
death penalty.
4. SUBORDINATE COURTS:
1) Civil Courts:
(i) Junior Civil Judge Court: Handles minor civil cases and small
claims.
(ii) Senior Civil Judge Court: Deals with more significant civil cases
2) Criminal Courts:
(ii) Chief Judicial Magistrate Court: Deals with more serious criminal
the district.
(a) Family Courts: Handles cases related to family matters such as divorce,
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(d) Revenue Courts: Handles matters related to land revenue and tenancy.
(e) Tribunals: Established for specific purposes like the Income Tax
cases.
2. CIVIL COURTS
ii. Functions:
13
potentially overturning or modifying these
decisions.
iii. Nomenclature:
ii. Functions:
14
Adjudicates major civil cases with high
decisions.
process.
district.
3. CRIMINAL COURTS
cases.
ii. Function:
jurisdiction.
convicted offenders.
Magistrates.
ii. Functions:
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Adjudicates more significant criminal cases that
jurisdiction.
serious cases.
criminal cases.
4. SESSIONS COURT
b. Functions:
jurisdiction.
c. Nomenclature:
cases.
Judge.
2. ADMINISTRATIVE STRUCTURE:
knowledge.
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1.5. OTHER ADJUDICATORY BODIES AT DISTRICT LEVEL (PURPOSE
AND FUNCTIONS)
vehicle
to environmental issues.
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d) CBI Courts: These are designated to handle cases investigated
investigated by the CBI. CBI Courts ensure the speedy trial and
people about their rights and the legal system, facilitating access to
helps
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parties reach mutually acceptable solutions without the need for
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CHAPTER – 2
COMMISSIONERATE OFFICE
During my internship at S.K. Kaushik & Associates, I had the opportunity to observe
and participate in client counseling sessions, which are integral to the legal practice.
work, as it sets the foundation for the legal strategy that will be employed. The initial
interaction with the client is vital as it helps in building trust and rapport, which are
interviewing, planning, and analytical skills. The process begins with the advocate
relevant information, and identifying the key issues at hand. This stage is crucial as it
helps in understanding the client's needs, expectations, and the legal context of their
problem. I observed that successful client counseling involves not just legal
knowledge, but also empathy, patience, and the ability to communicate complex legal
meticulously take notes, ask clarifying questions, and provide preliminary advice on
the legal options available. For instance, in one session, a client came with a property
dispute issue. The advocate first allowed the client to explain their situation in detail,
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then asked specific questions to uncover critical facts, and finally advised on
possible legal remedies and the next steps. This structured approach ensures that no
important detail is overlooked and the client feels heard and supported.
between professionalism and approachability, ensuring that the client felt comfortable
counseling process with multiple clients, I was able to see the diverse range of issues
that clients bring to a law office and how each case requires a tailored approach.
with invaluable insights into the intricacies of client counseling, emphasizing the
Taking notes during client meetings and court proceedings is a fundamental aspect of
a lawyer's daily routine. At S.K. Kaushik & Associates, I quickly learned the
During client meetings, the advocate would take detailed notes, documenting the
client's concerns, the facts of the case, and any legal advice given. These notes serve
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as a reference for future consultations and help in formulating a coherent legal
strategy. I observed that effective note-taking involves not just writing down what is
said, but also noting the client's demeanor and any non-verbal cues that might be
important.
In court, note-taking becomes even more critical. The advocate would jot down key
points from the arguments presented, the judge's remarks, and any procedural details.
These notes are then used to prepare for subsequent hearings, draft legal submissions,
and ensure compliance with court directives. The standard format used for note-taking
includes headings, subheadings, and bullet points to organize information clearly and
efficiently.
Through this experience, I understood that note-taking is not just a clerical task but a
crucial skill that underpins effective legal practice, ensuring accuracy, consistency,
Legal research is a cornerstone of effective legal practice, bridging the gap between
understanding its critical role in case preparation, drafting, and court presentations.
The process involves identifying relevant laws, statutes, precedents, and legal
During my internship, I was tasked with researching various legal issues, which
required me to delve into legal databases, journals, and case law repositories. This
involved not just finding relevant information but also analyzing and interpreting it in
the context of ongoing cases. For instance, I researched precedents for cases
involving
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property disputes and contractual obligations, ensuring that our legal arguments
The research process also highlighted the importance of accuracy and thoroughness. I
its credibility. Additionally, I was trained to summarize complex legal texts into
concise, actionable insights that could be easily integrated into legal briefs and
arguments.
Through hands-on research, I grasped the nuances of legal interpretation and the
strategic use of legal precedents. This experience underscored the necessity of staying
updated with current legal developments and understanding how legislative changes
analytical skills, deepened my understanding of the law, and prepared me for the
1.2.4. DRAFTING
Drafting legal documents is a fundamental skill for any lawyer, and during my
internship, I had the opportunity to learn the basic rules of effective drafting and
practice them. Drafting involves creating precise, clear, and legally sound
documents such as petitions, affidavits, contracts, and legal notices. The process
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I was guided through the principles of effective drafting, which include clarity,
conciseness, and coherence. Legal documents must be free of ambiguity, with each
sentence constructed to convey the exact intention of the drafter. I learned to avoid
language.
involved understanding the facts of the case, researching relevant laws, and
was invaluable in refining my drafting skills. The process of drafting not only
improved my writing skills but also enhanced my ability to think logically and
Drafting is not just about writing; it also involves reviewing and revising documents
review drafts, checking for legal compliance and ensuring that all necessary details
are included. This experience taught me the importance of attention to detail and the
opportunity. It provided practical insights into the creation of legal documents and
Preparing a case file is a crucial part of legal practice, and during my internship, I
learned the detailed procedures and formats involved in this process. A well-prepared
case file ensures that all relevant documents are organised, easily accessible, and
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ready for presentation in court. The process of file preparation involves several steps,
Vakalatnamas.
The first step in file preparation is to gather all necessary documents related to the
notices. Each document must be placed in a logical order that reflects the progression
Numbering the pages of the file is essential for easy reference during court
beginning of the file to list all the documents included. This index acts as a guide,
Affidavits and Vakalatnamas are integral parts of a case file. An affidavit is a sworn
the client in court. These documents must be prepared meticulously, ensuring they
meet all legal requirements and are properly signed and attested.
During my internship, I prepared a complete case file, which involved masking the
organisation and attention to detail in legal practice. A well-prepared file not only aids
in presenting the case effectively but also ensures that all necessary documentation is
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During my internship at S.K. Kaushik & Associates, I gained insight into the critical
process of account settling, which involves negotiating fees with clients and ensuring
all financial transactions are handled ethically and transparently. This process is
pivotal in maintaining the trust and satisfaction of clients while also ensuring the
Account settling begins with a clear and detailed discussion with the client about the
services provided and the associated costs. I observed how my supervising advocate,
Adv. S.K. Kaushik, approached these discussions with clarity and honesty, outlining
the fee structure, potential additional costs, and payment schedules. This transparency
helps in setting realistic expectations and avoiding any misunderstandings later on.
I also learned about the ethical considerations in account settling. It's crucial to
provide a fair and reasonable estimate of costs and to avoid overcharging or hidden
fees. Lawyers must balance their need to be compensated for their expertise and time
with the client's ability to pay and the ethical obligation to ensure justice is accessible.
Negotiating fees can sometimes be challenging, especially when clients face financial
constraints. I witnessed how my mentor handled such situations with empathy and
flexibility, often working out payment plans that accommodated the client's financial
S.K. Kaushik & Associates. Court fees are charges imposed on the filing of various
legal documents and are crucial for the functioning of the judicial system. They vary
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depending on the type and value of the case, such as civil suits, criminal cases, and
During my internship, I observed the process of calculating and paying court fees for
different types of cases. The calculation is based on the value of the claim in civil
matters, and specific fee schedules are prescribed under various statutes. I learned the
importance of accurately assessing these fees to avoid delays or rejections during the
filing process.
I also became familiar with the rules and procedures regarding court fees, including
the relevant laws such as the Court Fees Act, 1870, and the Delhi Court Fees Act.
These laws outline the fee structure, exemptions, and refunds applicable in different
scenarios.
preparing and filing documents, ensuring that the correct court fees are paid, and
understanding the legal framework governing these fees. This knowledge is crucial
for the smooth processing of legal cases and maintaining compliance with judicial
requirements.
relationship between lawyers and their support staff. Support staff in a legal office
individuals play a crucial role in the preparation, filing, tracking, and archiving of
cases, and their efficient management is essential for the smooth functioning of the
office.
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Support staff are often responsible for organising and maintaining case files,
managing schedules, and ensuring that all necessary documents are prepared and
allowing lawyers to focus on legal analysis and client representation. I observed that
clear communication and delegation of tasks are vital for effective teamwork and
productivity.
how senior advocates acknowledged the efforts of their support staff and provided
them with the necessary resources and training to perform their duties efficiently. This
approach not only boosts morale but also enhances the overall efficiency of the legal
office.
Managing support staff also requires a clear understanding of their roles and
working closely with support staff, lawyers can ensure that all administrative tasks are
Understanding the functions of support staff and learning to manage them effectively
teamwork and the need for strong organisational skills in legal practice. Building and
maintaining a good relationship with support staff is essential for any lawyer to ensure
the smooth operation of their practice and to deliver high-quality legal services to
clients.
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CHAPTER – 3
Filing a case in court involves several steps. Initially, the case needs to be prepared
and checked for completeness, including all relevant documents, pleadings, and
evidence. The advocate then submits these documents to the court registry. For filing
1. Case Filing: This involves preparing the case documents, including the plaint
or petition, and submitting them to the registry of the relevant court. The
requirements.
outlining the grounds for appeal, along with supporting documents and a
copy of the lower court’s judgment. The filing includes paying the prescribed
documents. This petition is submitted to the registry of the court that issued
Supreme Court, depending on the nature of the writ. The petition must
outline the
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grounds for seeking a writ and include relevant evidence. The documents are
Several standard forms are used in court procedures, each serving a specific function:
1. Bail Bond: A document that ensures a person released on bail will appear
2. Index Form: This is used to list the documents in a case file, providing a
is made against a decision, including details of the case and the errors
alleged.
4. Process Fees Form: This form is used to pay fees for issuing processes like
It includes details of the case and the authority granted to the lawyer.
court order or judgment. It includes details of the case and the specific
document required.
Filing a case involves selecting the appropriate court based on its jurisdiction, which
is determined by the subject matter and territorial limits. The courts are categorised
into:
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1. Civil Courts: Handle civil disputes such as property, contracts, and
geographical location.
the nature and severity of the crime, ranging from Magistrate Courts for
3. High Courts: Have jurisdiction over appeals from lower courts and cases of
4. Supreme Court: The apex court with jurisdiction over all types of
cases, including appeals, reviews, and writs from High Courts and
tribunals.
The cause list is a schedule of cases to be heard by the court on a particular day. It is
prepared by the court registry and includes case numbers, names of parties, and the
scheduled time for hearing. The cause list helps in managing court proceedings and
ensuring that cases are heard in an orderly manner. It is usually published in advance
5. Process Server: Delivers court notices and summons to parties involved in the
case.
6. Bailiff: Maintains order in the courtroom and assists with the execution of
court orders.
Court manners and procedures are crucial for maintaining decorum and
address the judge respectfully, using titles such as “Your Honor” or “My
necessity for bail and addressing concerns about the accused’s potential
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procedures and adhere to court etiquette to ensure effective representation
drafting and submitting legal documents that outline the case’s facts and
legal arguments.
of my learning experience.
allow parties more time to prepare or for other reasons deemed necessary
by the judge.
making informed decisions. Orders and judgments are issued based on the
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evidence and legal arguments presented. Notices, summons, and warrants
are issued to inform parties and enforce court orders. Observing these
actions provided insights into the judicial process and highlighted the
application to the court registry. The application must include details such
as the case number, names of the parties, and the specific order or
judgment required. The registry processes the application, and the certified
The procedure for obtaining a certified copy ensures that litigants and
application format and procedure for obtaining copies were integral parts
court documents.
the grounds for appeal, the types of orders or judgments that can be
appealed, and the relevant appellate courts. Appeals can be filed against
appeal, paying the required court fee, and presenting the appeal before the
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appropriate appellate court. The appellate court reviews the case to
determine if there were errors in the lower court’s decision and may
process was crucial for comprehending the appellate system and its role in
ensuring justice.
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CHAPTER –
4 CASE
DIARY
ROHINI COURT
V.
o Rajesh Kumar and Meera Kumar were married on June 15, 2015,
has deteriorated beyond repair. The couple has been living separately
unsuccessful.
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o Meera Kumar, the respondent, contests the divorce petition, arguing
that the issues in the marriage were largely due to Rajesh’s frequent
divorce.
Issues:
o Whether the grounds for divorce under Section 13(1)(i) of the Hindu
Court’s Observation:
and mediation efforts. The court noted that Rajesh had made
significant
Self Observation:
o The case provided insights into how courts approach divorce petitions
examination of both parties’ claims underscored the need for clear and
legal decisions in divorce cases are deeply rooted in the factual matrix of
The next hearing is scheduled for September 20, 2024, to finalize the
proceedings and issue the divorce decree, pending any further submissions
V.
against her husband, Arvind Sharma, on April 12, 2024. Neha alleges
that since their marriage on October 10, 2016, Arvind has subjected
her to physical and emotional abuse. The petitioner claims that the
abuse started shortly after their marriage and escalated over time.
o Neha also stated that Arvind had threatened her with eviction from
household.
the couple has had marital disputes but denies any physical abuse.
Arvind
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contends that Neha’s allegations are a pretext to gain an upper hand in
Issue:
2005.
Court’s Observation:
considered.
court acknowledged the need for immediate protection and support for
Neha while ensuring that Arvind’s rights are also respected during the
proceedings.
Self Observation:
COURT
V.
o The Respondent has filed the above HMA No. 303/2021 seeking
Section 13(1) (ia) and 13(1) (ib) of Hindu Marriage Act, 1955.
o The application of the Petitioner came up for hearing before the Ld.
Officer of Family Court-2 District South did not allow the Ld. Sr.
o The Ld. Family Court-02 orally granted three days' time is granted to
on the review application and the matter was mentioned by the Ld.
application under Section 151 CPC. The Ld. Trial Court, did not
accede to the submissions made by the Ld. Senior Counsel for the
Petitioner to
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address oral submissions and the matter was again fixed for. Orders for
Issues:
Dr.Achintya Sharma Vs. Sitanshi Sharma from the Court of the Ld.
Delhi.
o Transfer the case bearing HMA No. 303/2021 from the Court of Ld.
Delhi, to any other Court within the same jurisdiction to ensure fair
Court’s Observation:
Self Observation:
o The Hon’ble Justice correctly pointed out this and clearly directed to
V.
notice, Sunil Kumar did not rectify the breach or compensate for
o Sunil Kumar, the respondent, contends that the delay was due to
46
compensation. Sunil Kumar denies that the goods were substandard
Issues:
Court’s Observation:
the quality of goods and the extent of the delay. The court also
Self Observation:
with the petitioner’s right to seek redress under contract law illustrated
equitably.
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IN THE COURT OF HMJ ANUP JAIRAM BAMBHANI, DELHI HIGH
COURT
V.
Date of Hearing:
31.07.2024
o Rajesh Sharma, the petitioner, filed a writ petition on July 10, 2024, at
the Delhi High Court challenging the legality of an order passed by the
submitted.
o Rajesh Sharma contends that the rejection was arbitrary and without
discrepancies cited were minor and that the decision was influenced
o The Delhi Police Department, the respondent, argues that the rejection
legal standards.
Prayer:
Court’s Observation:
o The court reviewed the petitioner's application, the rejection order, and
by the Delhi Police Department. The court also considered whether the
emphasis was on ensuring that procedural justice was upheld and that
Self Observation:
fairness.
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CHAPTER – 5
LEARNING SUMMARY
writing and attention to detail. My role included preparing case files, where I
practical insights into the judicial process and courtroom etiquette. These
confidentiality. I
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observed situations where sensitive information was discussed openly, raising
concerns about protecting client privacy and avoiding potential breaches. This
confidential information.
efficiency with accuracy and ensuring that all legal documents are thoroughly
and maintaining a commitment to justice, accuracy, and respect for all parties
5.3. SUGGESTIONS
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information can help prevent accidental disclosures and maintain trust in the
legal process.
meticulous review and verification of legal documents can help mitigate errors
negotiations can help avoid aggressive tactics and ensure that all parties are
Lastly, improving communication channels between the legal team and clients
can lead to more effective case management. Regular updates and clear
explanations of legal procedures can help clients stay informed and engaged
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REFERENCES/BIBLIOGRAPHY
1. Books:
Publications, 2018.
2. Journals:
University, 2023.
3. Website Databases:
Manupatra: [www.manupatra.com](http://www.manupatra.com) –
commentaries.
legal news.
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Legal India: [www.legalindia.com](http://www.legalindia.com) – Resource
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