Comprehensive Report TAVISHA SAPRA 1
Comprehensive Report TAVISHA SAPRA 1
Comprehensive Report TAVISHA SAPRA 1
SUBMITTED BY:
Tavisha Sapra
A3221622022
Under the supervision of:
Amit Aggarwal
Name of the Faculty Guide
Ms Sarita Godara
Year-20
INDEX
2. Declaration
3. Acknowledgement
4. Certificate of Internship
9. Case Analysis
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.
WEEK2- Today, I have drafted a parental consent document for Khaitan’ s upcoming summer
camp programs scheduled from June 2nd to June 15th. Then I attended a virtual court proceeding where
my firm represented the defendant. During the hearing, the judge reviewed the case, but due to
insufficient evidence presented by the plaintiff, the judge scheduled the next hearing for July 19 th. I
researched about “In furtherance of the National Early Child Care and Education Policy 2013, the
National Commission for Protection of Child Rights introduced the Regulatory Guidelines for Private Play
Schools’ on 11 July 2022”., I delivered a PowerPoint presentation on the subject of "regulatory
guidelines for private play schools."
Key points
WEEK3- Today I visited the Patiala high court to attend the case hearing of sachin Jain vs Onkar
infotech. I read about the maternity benefit act and its amendments as there was some legal query
raised by the Khaitan school. I researched about perjury and perjury cases against an investigating
officer and its procedure. We visited the Saket court for drafting the documents of mediation settlement
case.
WEEK4- Today, I went to Patiala court mediation center for the first session of mediation for the
case sanchin Jain vs Onkar infotech. I visited Saket court for recording of plaintiff statement in case of
settlement in net paradigm case. I read the case file of Cal refiners vs spice energy. Which is a case
about insolvency where the Cal refiners is a corporate debtor and underwent liquidation process. I
researched for precedents to support our arguments in Cal refiner’s vs spice energy case.
WEEK 5- I started working under adv Arvind Kumar Singh. His team briefed me
regarding the upcoming tasks. We started working on drafting legal documents. I have drafted a
summon. I researched about and studied about family law. Further I researched about Gaurav
Gulati vs Gita Parveen. Petition was filed u/s 13(1)(a),(b) of Hindu Marriage Act, for
dissolution of marriage on grounds of cruelty.
The marriage was solemnized according to Hindu rites and ceremonies on 16.04.1994
at Delhi.
One female child was born on 12.08.1995 and the child is in custody of the
Respondent.
The Petitioner filed the petition on the grounds of cruelty by wife in following ways:
On Janmashtami the Petitioner was asked to join the family but she refused. Then she
demands for a separate kitchen, not wearing ornaments on occasions, threatens to get
husband arrested, etc.
The wife responded in the court saying that at the stage of pregnancy she was not
allowed to live at her marital home by her in laws and out of compulsion she had to
request her Mausi to keep her. Also, the other allegations were denied by the
Respondent.
Issues:
1. Whether Respondent has treated Petitioner with cruelty as alleged?
2. Whether Respondent has deserted the petitioner for continuous period of not less
than 2 years?
3. Whether Petitioner is trying to take advantage of his own wrongs, if so, its effect?
Judgement passed by ADJ:
Problems in the marriage happened within 6 months and were considered to be
normal and the desertion was on the part of the Petitioner and not on the part of
Respondent. Therefore the Petitioner is not entitled to relief claimed. Hence the
Petition was dismissed.
An appeal was filed in against of the judgement passed by ADJ Delhi wherein the
Petition was dismissed again.
In the Delhi High Court, matrimonial appeal was filed wherein the Respondent sort
maintenance for herself and her minor daughter during pendency of the appeal. It was
held that Rs.10K per month of maintenance of child by father to be paid.
WEEK 6- Today, I have drafted a parental consent document for Khaitan’ s upcoming summer
camp programs. I read about a case named- ‘Quantum Communication vs. MOHUA’ (Ministry of
Housing & Urban Affairs, Govt. of India). I made a case brief about ‘Quantum Communication vs.
MOHUA’ (Ministry of Housing & Urban Affairs, Govt. of India). Quantum Communications worked for
MOHUA and extended them construction services and in return the payment of the bills for their work
were not met by the MOHUA and they were forced to continue the contract without any payment for
their work. Today I researched about “In furtherance of the National Early Child Care and Education
Policy 2013, the National Commission for Protection of Child Rights introduced the Regulatory
Guidelines for Private Play Schools’ on 11 July 2022”
WEEK 7- I continued the case brief about ‘Quantum Communication vs. MOHUA’ (Ministry of
Housing & Urban Affairs, Govt. of India). Quantum Communications worked for MOHUA and extended
them construction services and in return the payment of the bills for their work were not met by the
MOHUA and they were forced to continue the contract without any payment for their work. Today we
discussed the case Cal refiner’s vs spice energy ltd. Today I drafted a case brief about Onkar infotech vs
Manish Arora in reference with Onkar infotech vs Naresh Jain.
Case 1
MANISH ARORA VS ONKAR INFOTECH
Legal Issues:
1) 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.
2) 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.
3) 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: UNSOLVED
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
CASE 6-
Name of the court in which the case is listed- HIMANSHI VS
DHEERAJ, DISMISSED FROM HIGH COURT
Facts of the Case:
The Petitioner and Respondent were married in 2015 and this case
was registered on 19 March 2019
The Petitioner filed a case in the Sessions Court under Section 11 of
Hindu Marriage Act, to set aside the marriage on certain grounds
that
her marriage with the Respondent was void.
The Petitioner is in living relationship with another man since 2
years
which she agreed in front of the court.
The Sessions Court dismissed the case on grounds that the Petition
was filed under wrong section and should have been filed under
Section 13 of HMA instead of sections 11 and 12.
The Petitioner then filed a Revision Petition in the High Court of
Delhi u/s 328,354(a)(d), 376,498(a), 34, 506, and even under Arms
Act, which was also dismissed by the High Court on grounds that
the
Petitioner wanted to get rid of her husband on fake and void
grounds.
Current Position of the Case: SOLVED
COURSE LEARNING OUTCOMES