Comprehensive Report TAVISHA SAPRA
Comprehensive Report TAVISHA SAPRA
Comprehensive Report TAVISHA SAPRA
SUBMITTED BY:
Tavisha Sapra
A3221622022
Under the supervision of:
Amit Aggarwal
Name of the Faculty Guide
Ms Sarita Godara
Year-2024
Signature MS SARITA
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DECLARATION
I, Tavisha Sapra pursuing BCOM LLB (H) from Amity Law School,
Amity University Uttar Pradesh, do hereby declare that the
Comprehensive Report submitted by me of my Summer Internship is an
original work and has not been submitted, either in part or full anywhere
else for any purpose, academic or otherwise, to the best of my
knowledge.
I have quoted all case analysis that have been witnessed by me during
my internship. I have not submitted anything that comes under the
confidentiality clause of my Industry Guide. I have not infringed any
copy rights.
Signature----------------------------------------
th
Date: 6 July 2024 Name of the Student- Tavisha Sapra
Enrollment No. A33221622022
Program and Batch- BCOM LLB(h)
ACKNOWLEDGMENT
I take this opportunity to express our profound gratitude and deep regard
to our guide Ms Sarita Godara for his/her exemplary guidance,
monitoring and constant encouragement throughout the course of this
term paper. The invaluable suggestions and inputs given by her from
time to time have enabled me to complete this term paper with ease.
Last but not the least, I thank almighty, my parents and my friends for
their constant support and encouragement without which this research
work would not be possible.
INDEX
S.NO. CONTENTS Number Page
of pages number
1. Certificate
2. Declaration
3. Acknowledgement
4. Certificate of Internship
9. Case Analysis
11. Annexures
TABLE OF CASE ANALYSIS
Case 1
Case 2
Case 3
Case 4
Case 5
Case 6
Case 7
INTRODUCTION TO THE PLACE OF
INTERNSHIP
BACKGROUND OF STUDY
The main fields of law which I studied and found interesting were
corporate law and acts and policies regarding running of schools with a
slight interest in criminal law as well.
CORPORATE LAW-
The main fields of law which I studied and found interesting were
Mternity Benefit act and
Duties-
WEEK1
WEEK2
WEEK3
WEEK4
Case 1
MANISH ARORA VS ONKAR INFOTECH
Case 2
Legal Issues:
Due to the negligence of IBHAS neeru’s whole life was destroyed.
Neeru basic right to medical assistance was infringed which harmed her
life due to the negligence of the doctors.
After several proofs provided by the complaint SMT MUNNI , it was
declared that it was IBHAS fault which harmed neeru life.
IBHAS has to pay compensation of 1cr to MUNNI
Facts of the Case: In July 2016, the Respondent published a request for
proposal for selection of a Professional Communications Agency for
Ministry of Urban Development, Government of India. The main
objectives of the said proposal are described in the file itself.
In response to the abovesaid RFP, the Claimant submitted its bid and the
same was accepted by the Respondent vide letter of intent dated
19.09.2016.
The Claimant and the Respondent entered into a Professional Service
Agreement dated 29.09.2016 hereinafter referred to as “Contract dated
29.09.2016”. The Scope of work and the deliverable and timelines were
stipulated in Schedule 3 of the Contract dated 29.09.2016.
It is highlighted that the Claimant was selected by the abovementioned
letter of intent dated 19.09.2016, through a competitive bidding process
by receiving maximum technical marks and least cost (L1) amongst all
the bidders. As per the contract, the payment to be made to the Claimant
consisted of "Fixed Charges" which were decided on the basis of rates
determined for deliverables and the manpower being deployed for the
performance of the works within the Schedule of Work, and also as per
the Contract, for items over and above the works mentioned in the
Schedule of Work, additional consideration was agreed to be paid to the
Claimant as per the agreed Rate Card (provided in Schedule 3 of the
Contract dated 29.09.2016).
Subsequently, the claimant delivered its services and raised invoices as
per the contract, which were paid by the Respondent upon approval. All
the invoices which were issued by the claimant, for the months of
October 2016 to July 2017 were duly paid by the respondent.
Based on the increased quantum of work, a request was made to increase
the manpower to the JS, SBM. A committee was formed by the
Respondent for the Revision of Scope of Work.
Mr. Vinod Jindal (JS, SBM) called the claimant in his office and
informed them on revised scope of work, change in number of
deliverables, and revision of rate card. The JS in this meeting explicitly
informed them that there was no need to increase the manpower as
payment for extra work as per the rate card has already been provided in
the original contract. He also explained to us that a new contract is not
required in this case as the scope of work is reduced and is well within
the scope of the existing contract.
On this basis the Claimant was raising the bills for over 4 years, from
June 2017, which were scrutinized, approved, sanctioned, and paid by
competent authorities at various levels.
However, the payment for the bills for September 2020- December
2020, for an amount of Rs.1,75,86,230/- were not released despite
Ministry’s sanction letter no. 13/01.2016-SBM-II dates 9th February
2021, and January 2021- May 202, without any justifiable basis
Legal Issues:
4) Order 39 RULE 1 AND 2 OF CRIMINAL PROCEDURE
CODE, gives the power to court grant temporary injunction
and to order the detention of a person in civil prison for
disobeying those injunctions.
5) Defamation- due to the suit filed on the defendant (Onkar
infotech ) the company faced a downfall in the goodwill in the
market which lead to monetary loss.
6) The case revolves around the plaintiffs allegations of wrongful
actions by the defendant and the defendants counter-claims
regarding the plaintiff’s conduct.
Current Position of the Case: ONGOING
COURSE LEARNING OUTCOMES