Comprehensive Report TAVISHA SAPRA 1

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 24

Summer Internship Comprehensive Report

Submitted to Amity University, in partial fulfillment of the requirement


for the Degreein Law

SUBMITTED BY:
Tavisha Sapra
A3221622022
Under the supervision of:
Amit Aggarwal
Name of the Faculty Guide
Ms Sarita Godara
Year-20
INDEX

S.NO. CONTENTS Number Page


of pages number
1. Certificate

2. Declaration
3. Acknowledgement

4. Certificate of Internship

5. Introduction & Background of Study

6. Objective & Significance of Study

7. Introduction to the place of internship

8. Weekly Internship Duties and


Responsibilities with proof
(annexures)

9. Case Analysis

10. Course learning outcomes


11. Annexures

TABLE OF CASE ANALYSIS

S No Name of the Case Name of the Court

Case 1 MANISH ARORA VS ONKAR


INFOTECH

Case 2 Munni vs IBHAS


Case 3 QUANTUM COMMUNICATION
VS MINISTRY OF HOUSING AND
URBAN AFFAIRS GOVT OF
INDIA.

Case 4 RAVI KUMAR AGARWAL &


ANR. VS. THE
STATE OF UP & ANR.

Case 5 Sachin Jain vs Onkar infotech


Case 6 Himanshi vs Dheeraj
Case 7
INTRODUCTION TO THE PLACE OF
INTERNSHIP

I, Tavisha Sapra am currently pursuing BCOM LLB(H) from


Amity University, Noida. For my summer internship program, I did
my internship under a law firm named ADG Legal, Advocates &
Consultants ("ADG Legal") headed by Achint Singh Gyani. My
mentor during the internship was Mr. Amit Aggarwal. ADG legal is
a full service legal practice with attorneys, ca’s, cs and consultants
with specialized knowledge of particular industries.

ADG Legal, which is headquartered in New Delhi, maintains a


network of affiliated offices all throughout India. The head of ADG
Legal is Achint Singh Gyani. Dispute resolution, general corporate
and commercial consulting, transactional support, intellectual
property and confidentiality, including the protection and
enforcement of intellectual property, and labor and employment law
are among the firm's primary professional areas.

The firm specializes in-

 Criminal law- ADG LEGAL provides legal guidance at every


stage, defense against criminal charges, post-conviction reliefs, etc.
 Joint Venture Disputes- It provides legal aid to parties who
enter into a joint venture agreement and faces legal disagreement.
 Commercial litigation
 Corporate law- It helps with business formation,
Contracts and commercial agreements, corporate
governance, merges and acquisitions, etc.
 Debt Recovery-
 other areas of conflict resolution.

ADG Legal provides-


Counsel, support, and representation to international companies
and organizations in India's courts and legal forums regarding
delicate and complicated matters.

During the internship I learnt a lot of things there like drafting


letters to higher authorities, presenting ppts to other associates,
working on legal policies of various schools and drafting policies for
various international school.

INTRODUCTION AND BACKGROUND OF STUDY:

I, Tavisha Sapra am currently pursuing BCOM LLB(H) from


Amity University, Noida. For my summer internship program, I did
my internship under a law firm named ADG Legal, Advocates &
Consultants ("ADG Legal") headed by Achint Singh Gyani. My
mentor during the internship was Mr. Amit Aggarwal. ADG legal is
a full-service legal practice with attorneys, ca’s, cs and consultants
with specialized knowledge of particular industries.

During my internship I got the opportunity to visit Saket court,


mediation center, tis-hazari, Patiala high court. I also got the opportunity
to attend various meetings with international schools like THE
KOTHARI INTERNATIONAL, BILLABONG HIGH
INTERNATIONAL SCHOOL, VIDYA MANDIR CLASSES. I even
got the opportunity to draft the updated privacy policy of VMC
according to dpdp act 2023.

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- - It helps with business formation,


Contracts and commercial agreements, corporate
governance, merges and acquisitions, etc.
 Maternity benefit act-The act outlines the provisions provided
for pregnant women and benefits provided to them
Objective & Significance of Study
1. Practical Experience: To provide hands-on experience in legal practices,
allowing interns to apply theoretical knowledge gained from law school to
real-world situations.
2. Skill Development: To develop essential legal skills such as legal research,
writing, analysis, and oral advocacy.
3. Professional Networking: To build a network of professional contacts within
the legal field, which can be beneficial for future career opportunities.
4. Understanding Legal Practice: To gain a better understanding of the day-to-
day operations of legal professionals and the functioning of legal institutions.
5. Exposure to Specializations: To explore different areas of law to help
interns determine their preferred field of specialization.
6. Mentorship: To receive guidance and feedback from experienced legal
practitioners, aiding in professional growth and development.

SIGNIFICANCE OF A LAW INTERNSHIP

1. Career Advancement: Law internships often serve as a stepping stone to


full-time employment, with many interns receiving job offers from their
internship providers.
2. Skill Enhancement: Internships allow interns to hone their legal skills in a
practical setting, making them more competitive candidates in the job
market.
3. Professional Growth: Interns learn professional ethics, client interaction,
and courtroom decorum, which are crucial for a successful legal career.
4. Real-world Insight: Exposure to real cases and legal proceedings provides
invaluable insight that cannot be gained through classroom learning alone.
5. Application of Knowledge: Internships bridge the gap between academic
learning and practical application, reinforcing theoretical knowledge with
hands-on experience.
6. Building Confidence: Successfully handling real legal tasks boosts interns'
confidence in their abilities to practice law
WEEKLY PROGRESS
REPORTS
WEEK1- On the first day, a comprehensive orientation program was conducted to introduce us to
the firm, its operations, and the responsibilities we will be undertaking. We were provided with an
overview of the firm's history, mission, and key achievements. The orientation session also covered the
duties and obligations expected of us as interns. Following the orientation, we were assigned specific
tasks and duties aligned with our roles within the firm. A detailed schedule was shared outlining our
activities for the upcoming week, including meetings, training sessions, and deadlines. Further I was
assigned a case law - MANISH ARORA VS ONKAR INFOTECH. it was an ongoing case dealt by one of them
lawyer at the firm. Then I searched for precedent case law regarding the ongoing case Manish Arora vs
Onkar InfoTech. precedent case law- Dalpat Kumar vs Prahalad Singh and Morgan Stanley mutual fund
vs Karthick das. I ended the week by visiting the Saket court, mediation center to file an agreement for
settlement between Balaji textiles and net paradigm ltd.

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

 Whether they are applicable in Delhi, Noida and Haryana

 What are its conditions

 Whether they are applicable to existing preschools as well

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

Name of the Case: MANISH ARORA VS ONKAR INFOTECH


Name of the court in which the case is listed: SAKET HIGH COURT

Facts of the Case:


 Manish Arora(plaintiff) was an employee as Onkar infotech pvt
ltd.(defendant)
 He was employed at the firm in 2013 as a travel agent on the salary
Rs45000
 After sometime his salary increased to Rs68000
 Manish Arora the plaintiff filed a suit against onkar infotech under
order 39 rule 1 and 2 seeking an injunction against onkar infotech.
 In his suit the plaintiff alleges that he faced arbitrary salary, mental
harassment and forgery of documents by the defendant.
 However during the trial the plaintiff failed to provide any
substantial evidence to support his claim.
 While on the other hand the defendant provided evidence to the
court to support his arguments.

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

Name of the Case: Munni vs IBHAS


Name of the court in which the case is listed: State Consumer Disputes
Redressal Commission
Facts of the Case:
1. Munni admitted her 17 year old daughter in IBHAS for treatment
of seizure.
2. The daughter of the complainant was given intervenial injection on
the left hand
3. After several minutes the arm turned blue as well as the fingers
4. They were immediately referred to GTTB hospital
5. GTTB stated that they don’t have professionals to treat after which
they were transferred to AIIMS
6. AIIMS also stated the same thing and was transferred to
Safdarjung hospital where it was treated and found out the veins of
the left hand of neeru was blocked due to the injections were given
7. The case was so severe that her left arm had to be amputated
8. Munni the complainant filed a compensation of 1cr.

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

Current Position of the Case: SOLVED


Case 3

Name of the Case: QUANTUM COMMUNICATION VS MINISTRY


OF HOUSING AND URBAN AFFAIRS GOVT OF INDIA.
Name of the court in which the case is listed: HIGH COURT NEW
DELHI

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

Current Position of the Case: ONGOING


Case 4

Name of the Case: RAVI KUMAR AGARWAL & ANR. VS.


THE
STATE OF UP & ANR.
Name of the court in which the case is listed: ALLAHABAD HIGH
COURT

Facts of the case:


Application for Stay/Interim relief was filed u/s 420/467/468 of IPC.
Shamsher Singh died on 28 Nov 1994, leaving behind his WILL dated
26 June 1991, which was deposited in the safe custody of ADMC
Lucknow.
Through the WILL, Shamsher Singh distributed a small part of the
land to his grandsons and rest of the portion to his sons with life
interest. His son died, giving his share of land further to his 2 sons.
The present Applicants agreed to purchase the said property and get
leasehold rights assigned to them, to which the sons agreed. The
Applicants jointly purchased the property in consideration of Rs. 93
Lacs through sales deed dated 28.11.2005.
After knowing about the transfer, the Opposite Party No. 2 came in
the picture and alleged his claim over the property based on a WILL
dated 25.11.1994, which was NOT A REGISTERED WILL and was
allegedly executed only 3 days prior to Shamsher Singh’s death.
This case is of Civil Nature, involving a civil dispute between two
WILLS dated 26.06.1991 and 25.11.1994.
Order dated 31.01.2007 stated that the registration of will is
mandatory according to Indian Succession Act and Oudh Estate Act,
and since the second will is unregistered, the 1 st will satisfies the spirit
of law.
Current Position of the Case: ONGOING/PENDING
CASE 5: SACHIN JAIN VS ONKAR INFOTECH

Name of the court in which the case is listed: PATIALA HIGH


COURT
FACTS
 Sachin Jain (plaintiff) was an employee as Onkar infotech pvt ltd.
(defendant)
 Sachin Jain the plaintiff filed a suit against onkar infotech under
order 39 rule 1 and 2 seeking an injunction against onkar infotech.
 In his suit the plaintiff alleges that he faced arbitrary salary, mental
harassment and forgery of documents by the defendant.
 However, during the trial, the plaintiff failed to provide any
substantial evidence to support his claim.
 While on the other hand the defendant provided evidence to the
court to support his arguments.
 The case was then referred to Patiala court mediation center.
 However, the parties could not come on same terms

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

This internship has been an informative experience that has helped me


comprehend numerous legal ideas and learn a lot practical expertise. As
I became more familiar with corporate world, Saket court and Patiala
high court’s operations. I increased my exposure there. Throughout the
period of my internship, my mentor and seniors gave me advice,
supported me, and were always there to answer my questions.
Law internships provide invaluable experience for aspiring lawyers. In
addition to giving me a chance to see if I enjoy the daily grind of legal
work, my internship helped me develop a number of important skills.
Here are some of the key learnings outcomes:
 EXPOSURE TO DIFFERENT AREAS OF LAW
 PROFESSIONALISM AND ETHICS
 COMMUNICATION SKILLS
 CRITICAL THINKING AND PROBLEM SOLVING

You might also like