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Summer Internship 2019

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INTRODUCTION: -

An internship is an official programme to gain practical work or research related


experience. Internships are most popular with undergraduates or graduate students
Internships involve working in your expected career field, either during a semester or
over the summer. Besides gaining valuable experience, you get exposed to the overall
environment of the respected field and gain valuable references and network contacts.
Career counsellors, employers, and others have long touted the importance for college
students to work one or more internships during their college years.

Internships may be paid or unpaid and may or may not carry an offer of regular
employment upon successful completion of the internship and/or school term. Learning
by doing and being exposed to professionals working in the field provides valuable
experience, a professional reference and often leads to a position upon graduation.

Generally, an internship consists of an exchange of services for experience between the


student and an organization. Students can also use an internship to determine if they have
an interest in a particular career, to create a network of contacts, or to gain school credit.
Some interns find permanent, paid employment with the organizations for which they
worked upon completion of the internship. Unlike a trainee program, employment at the
completion of an internship is not guaranteed.

Similarly, as a part of my curriculum I got the opportunity to perform a Summer


Internship under an Advocate.

As a part of my Summer Internship I started searching for a High Court Advocate and
through my personal contacts I got to know about Adv. Gaurav s. Shrivastava

Adv. Gaurav s Shrivastava is a very reputed and advocate of the Indore High Court.

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History of the advocate: -
Adv. Gaurav Shrivastava has completed her B.A.LL.B. from School of Law (DAVV)
Indore.

The main objective of adv. Gaurav Shrivastava is to “provide a service with the complete
honesty and of standard of quality.”

Strengths of the Organization –

Following are the strengths observed by me during my 28 days interning period of my


advocate and the organisation where I completed my internship: -

1. Adv. Gaurav Shrivastava is very passionate and punctual about his work.

2. Adv. Gaurav Shrivastava has well-arranged and furnished office in Surya


apartment opp. High Court. There are many section one where all the disposed of
files and kept and where pending files are kept, there are different sections for
different class of cases like MCRC section, M.A., MCA. and writ petition section.
It also consists table and desk for interns where they can seat and study casefiles
and do research work and also a Library where plethora of books, statutes, Bare
Acts, statutes etc. are kept. Further AIR and Supreme Court’s Digests are also
kept.

Case Studies Referred –

While my interning period I was asked to read various case files and understand the

articles and the sections and subject matter within the case file. While reading case files

I came across various Civil Cases related to Service Matters, family matters, motor

vehicle, insurance and Criminal Matter.

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CASE 1:

KAVITA BAI W/O DINESH YADAV V/S THE NATIONAL INSURANCE

COMPANY

[Miscellaneous Appeal 1496/16]

The above case is of Miscellaneous Appeal under s/173(1) and s /166 of Motor Vehicle

Act 1988.

FACT OF THE CASE:

The deceased Dinesh was going to Maheshwar from Dhamnodon motor cycle deceased

reached village Khadadi at that time of responded no. 3 driving Tufon Jeep and came

rashly and negligently dashed to deceased Dinesh. Due to accident deceased Dinesh died

on the spot. Deceased was working in the M.G.A firm as a manger and income from

salary @20,000/- per month.

All the claimants/appellants were depending on the deceased because he was the only

earner in the family.

After examine all the facts from both the sides the court held that the insurance company

has to award 7,26,000/- as compensation to claimant.

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CASE 2:

SMT. ASHWINI V/S CHANDRASAGAR

[FA-877/2016]

This case chandersagar that is the respondent first file the petition of divorce from the

appellant that is the Smt. Ashwini. He filed the case s/13 (1) (i-a) of Hindu Marriage

Act,1955.

When the court (Family Court) was satisfied with the grounds court granted the decree

of divorce. But the appellant that is Smt. Ashwini was not satisfied with the maintenance

amount. She filed an appeal u/s-24 of HMA, 1955.

It has been stated in the aforesaid application that husband is earning rs 10,000/- per

month and the wife is living in village along with her son and therefore rs 10,000/- per

month he awarded to the wife and Rs 5000/- per month to the awarded to the child.

On the other hand, reply has been filed and it has been sated that husband is earning rs

@4500/-per month as he is employee of Jatra Maryadit.

The court after hearing learned counsel for the parties is of the opinion that as the wife

has to maintain herself and held a sum of Rs 3000/- per month shall he fair amount for

maintenance during present appeal.

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CASE3:

GENDALAL V/S STATE OF M.P

[MC.R.C No. 26442/2018]

This case is of the 3rd application under s/439 of code of criminal procedure 1973.

FACTS OF THE CASE:

That prosecution case is that appellant and other co-accused Sunil assaulted to Gangaram

by FARSI and other co-accused was having sword present applicant was having LATHI.

That complainant and material witness have been examining.

It is the application to grant the bail. The application is in custody in connection with

crime no. 200/2016 registered at police station Tarana District Ujjain for the offence

punishable under sec 302, 147, 148, 149, and 506 of IPC.

There is no legally admissible evidence against the applicant.

The applicant is in jail since last 26 months and material witness has been examined. It

is alleged that applicant has caused injure by LATHI but there is no corresponding injury

of LATHI on deceased. Applicant is innocent and has been falsely implicated. Applicant

is in jail and nothing is to be recover from the applicant and the applicant is ready to

furnish adequate surety and shall abide by all the directions and conditions which may be

imposed by the court. so, it is prayed by the counsel to court to grant the bail to applicant.

Court Experience under different Judges –

Adv. Gaurav S Shrivastava is very known and an active Advocate he dealt with various

cases in different court rooms under different renowned judges. Due to which I also got

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the opportunity to sit and listen in cases going on under different judges. However, in The

Indore High Court it feels like that the court is a maze of legal education as I have to learn

the court rooms of various judges in the Hon’ble High Court. They both hear the argument

between the advocates of Petitioner and Respondent. In most of that cases generally the

senior most judge on the bench gives the decision but, in some cases, where there are

contradictory situations then both the senior and the lower judge on the bench discuss and

provides the decision. It has been noted that there should not be the judgement of the

lower judge as the lower judge on the bench alone cannot provide a decision.

On the contrary the Single Bench can be defined as where only one judge sits and provides

the decisions depending upon the arguments between the Petitioner’s and Defendant’s

Advocate.

I also even got the opportunity to witness the Final Hearing Cases. Final Hearing Cases

generally takes place on Thursdays. These cases generally take about half an hour or so

to complete. Some cases are very interesting to hear.

Because of all this knowledge about the Summer Internship I was able to visit The
Hon’ble High Court and experience about law in various court rooms and under various
judges.

Honing Drafting and Legal Research Skills –

While my 28 days internship Adv. Gaurav Shrivastava taught me drafting and filling of

cases with help of other cases as using them examples. Filling of case is very important

and careful task because one single mistake can send your file in default section of the

presentation section.

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I learnt drafting from one of the juniors of sir who is very good drafter, where I got

knowledge as how to make a petition. A Petition consist of several subs – heads wherein

each detail about the client and about the case is mentioned.

Many sections were used while drafting of cases and various assignments were given as

Legal Research Skills wherein, I have to give a brief explanation about the Sections used

and the cases which I have referred in the cases.

Sir also told me about various types of cases like Writ Appeal, Writ Petition, First Appeal,
Criminal Appeal etc. He also explained me about many new things about which I was not
aware and various types of sections which are used before filling a petition in different
cases.

An election petition calling in question any election can be presented on one or more of
the following grounds:

a) that on the date of the election a returned candidate (a candidate who has been declared
elected) was not qualified;

b) that some corrupt practice was committed by a returned candidate or his election agent;
c) that any nomination was improperly rejected; and

d) that the result was materially affected.

If any of these is true, the High Court where the petition is submitted declares the election
of the returned candidate to be void. A petition can be submitted by any candidate or
elector within 45 days of the declaration of the result.

Sec. 201 of IPC, 1860 states that Causing disappearance of evidence of offence, or giving
false information to screen offender : Whoever, knowing or having reason to believe that
an offence has been committed, causes any evidence of the commission of that offence
to disappear, with the intention of screening the offender from legal punishment, or with
that intention gives any information respecting the offence which he knows or believes
to be false; if a capital offence.

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Miscellaneous Appeal; 173 (1) of The Motor Vehicles Act, 1988 states that, any person
aggrieved by an award of Claims Tribunal may within 90 days from the date of the award
prefer on appeal to the High Court.

It requires a condition: provided that no appeal by the person who is required to pay any

amount in terms of such award shall be entertained by the High Court unless he has

deposited with it 50% of the amount so awarded.

There can further be an exception that even after the expiry of 90 days the court can

entertain the appeal provided that the appellant was prevented by sufficient cause.

Executive Summary Report –

For a period of four weeks, I had the opportunity to intern under adv. Gaurav Shrivastava,

in the Hon’ble Indore High Court. he is a respected lawyer with numerous feathers in his

cap, working hours were strict, and extended from 10 a.m. to 8:00 p.m. Work in court

mostly involved assisting adv. Gaurav Shrivastava while he argued in court, keeping his

documents in order and sitting in on his meetings with clients. These proceedings, held

in Court Room Three, were usually long-drawn and exhausting, with the bench grilling

the advocates from morning to afternoon with only a one-hour break for lunch. Most

matters heard before the Bench had been pending for five to six years, and invariably,

numerous documents were missing. Therefore, the observable trend was a repetitive

process where the advocate would plead forgiveness for the missing documents; the Judge

would chastise his carelessness and then rule that the matter was to be heard again in two

weeks.

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Personal Experience: -

During 28 days of my summer Internship under ADV. GAURAV SHRIVASTAVA, I got

to learn many new things about law and about the procedures followed in the court. I also

got the experience of handling clients and listening to their problems very peacefully.

There were several points where I felt that I am getting little bit confused. The problem

where I got confused was the legal terminology. As ADV. GAURAV SHRIVASTAVA

is very calm, he made me understand few Legal Terminologies so that I can read case

files and make notes out of them. Reading the previously solved cases helps us a lot to

understand the step by step procedure of the court trial. The study of the cases is used as

a tool to facilitate learning. There are so many court rooms and in every court room there

is different judge I observed everything very patiently and then I learnt so many things

from it. My experience in the court with ADV. GAURAV SHRIVASTAVA was

stimulating towards as a law student and I met different senior as well as junior lawyers.

There were many inters who were from different collages and were doing internship under

different advocates.

My overall experience about the Internship was felicitous and advantageous and I got to

learn many new things which has enhanced my knowledge regarding this field.

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