SUMMER INTERNSHIP REPORT CONDUCTED AT DISTRICT

AND SESSION COURT, DWARKA

Submitted in partial fulfilment of the requirements for the award of degree of

B.A. LL. B. (Semester- 08)

To

Guru Gobind Singh Indraprastha University, Delhi

Internship Guide: Submitted by:

Ms. Ramandeep Kaur Gaurav Vats

Assistant Professor 01519103820
CLS-giBS

CENTRE FOR LEGAL STUDIES

GITARATTAN INTERNATIONAL BUSINESS SCHOOL

DELHI- 110085

BATCH (2020-2025)

1
 Declaration

I, Mr. Gaurav Vats, Enrollment No. 01519103820 conducted the Summer Internship at District and session

court, Dwarka, under Advocate Naveen Tyagi. The Report submitted herewith is my authentic work. The

content presented in this Report has not been previously submitted for the award of any degree or

diploma to the best of my knowledge and belief.

Signature of the Student:

Name:
Date:

2
 Certificate of Internship Guide
Centre for Legal Services
Gitarattan International Business School
New Delhi

This is to certify that the Internship Report entitled “Summer Internship Report conducted at
District and Session Court, Dwarka” submitted by Mr. Gaurav Vats, Enrolment No.
01519103820, is hereby certified as completed under my guidance.

I confirm that the work presented in the Internship Report entitled “Summer Internship
Report conducted at District and Session Court, Dwarka” submitted by Mr. Gaurav Vats,
Enrolment No. 01519103820, represents authentic work conducted under my direct
supervision and guidance during their internship at District and Session Court, Dwarka,
Delhi, under Advocate Naveen Tyagi. I attest that the Internship Report meets the
required standards and fulfills the regulations pertaining to the internship program.

Signature of the Internship Guide:

Date:
Name of the Internship Guide: Ms. Ramandeep Kaur
Designation: Assistant Professor
Centre for Legal Studies,
Gitarattan International Business
School, Delhi-110085

Countersigned

Director

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4
 ACKNOWLEDGEMENT

I would like to express my gratitude to Mr. Naveen Tyagi, for providing his invaluable

guidance, comments, and suggestions throughout the course of the project. I would like to

thank him for constantly motivating me to work harder.

I am also thankful to all the members, who always helped me and gave me their precious

time in teaching.

I am also extremely grateful to our training coordinator Ms. Ramandeep Kaur for

issuing training letter, which made my internship training possible.

Gaurav Vats (01519103820)

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 CONTENTS

S. NO. TOPIC PAGE NO

1 Certificate (s) 3-4

2 Acknowledgement 5

3 List of Tables 7

4 List of Abbreviations 7

5 Chapter-1: Legal Delivery System at District Court 08-28

level/ State Level/ National Level
6 Chapter-2: Office Procedures at Advocate’s Office 29-44

7 Chapter 3: Filling A Case & Court Procedures 45-53

8 Chapter 4: Case Diary 54-64

9. Chapter 5: Learning Summary 65-68

10. Reference 69

11. Annexures 70-92

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 LIST OF TABLES

S. NO. TABLES PAGE NO.

1. Court Fee in Civil Cases 39-41

2. Court Fee in Criminal Cases 41-43

3. Calculation of Compensation 60

4. Cases Cited 54

LIST OF ABBREVIATION
S. NO. ABBREVIATED NAME FULL NAME

1. Addl. Additional

2. Hon’ble Honourable

3. Cr.P.C Code of Criminal Procedure

4. CPC Code of Civil Procedure

5. Anr. Another

6. Ors. Others

7. IPC Indian Penal Code

8. u/s Under Section

9. u/a Under Article

10. Crl. Criminal

11. SLP Special Leave Petition

12. W.P. (C) Writ Petition (Civil)

13. Ld. Learned

14. SC Supreme Court

15. HC High Court

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 PART A

CHAPTER 1

LEGAL DELIVERY SYSTEM AT DISTRICT LEVEL, STATE

LEVEL AND NATIONAL LEVEL

1.1 BRIEF ABOUT LEGAL HISTORY OF INDIA

Indian legal system has witnessed a variety of changes in its structure and justice process.
Law in India has progressed from scrupulous formula to the current constitutional and
legal method we are currently passing through secular legal system and the evolved law.
India has a written lawful record offset from the Vedic ages and few in a way civil law
system may have existed working all the while the bronze age and Indus valley customs.
Law as a matter of conscientious prescriptions and reflective discourse has a famous past
in India.
Emanating from the Vedas, the Upanishads, and different conscientious texts, it was a
lush field improved by experts from various Hindu reflective schools and later by Jains
and Buddhists. Secular law in India varied widely from region to region and from ruler to
ruler. Court systems for civil and criminal matters were essential features of many ruling
dynasties of ancient India. Excellent secular court systems existed under the Maurya’s
(321-185 BCE) and the Mughals (16th – 19th centuries) with the latter giving way to the
current common law system.1
History involves of the progress, development and incident of the legal order in the
country and sets outward the historical process by which a legal system has evolve into
conditions over period. The legitimate order of a country at a likely time is not the
formulation of individual man or of one day but is the accruing effect of the endeavor,
knowledge, caring preparation and patient Labour of a lot of folks through production.2

1
https://www.allahabadhighcourt.in/event/TheIndianJudicialSystem_SSDhavan.html (Last visited on July 30, 2024)
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2
Rashika Chaddha, Evolution of Law - A short History of Indian Legal Theory, available at
https://www.lawyersclubindia.com/articles/Evolution-of-Law-A-short-History-of-Indian-Legal-Theory--3739.asp (Last visited on
July 30, 2024)

9
With the coming of the British to India, the legal structure of India transformed from what
it was in the Mughal era where principally the Islamic standard was trailed. The legal
structure now in India bears a approximately similarity to what the British abandoned us
with. As per the needs of the changeful occasions changes and corrections were created,
but the process that is trailed not has its ancestries in the term of British-India. Little did
the merchants of the English East India Company while building their hold India
experience that they would wind up confirming their rule for about 20 decades here. But
the progress of law as it is present did not come about in single go altogether.
It was the Presidency Towns separately that were first concerned by this change in hands
of the government of India subsequently that the steps towards mixture of the legal
scheme were captured by the Charters of 1726 and 1753. To surpass this, under the
Regulating Act of 1773 Supreme Courts in the Presidency Towns and therefore under the
Act of1798 the Recorder’s Courts at Madras and Bombay were settled. These were
eventually replaced by the institution of the High Courts under the Act of 1861, that are
still running in the country. It was only subsequently freedom in 1950 that the Supreme
Court was settled. Reforms and codifications were created in the pre and post liberty eras
and are still ongoing. Thus standard, as we experience contemporary has developed
through a complex process that is explained exhaustively herein beneath.

1.1.2 LAW AFTER INDEPENDENCE

The freedom of India accomplished undoubtable inevitable changes in the form of the
judiciary,the hugest of that was the replacement of the Supreme Court in the place of
Privy Council as anextreme court of request. The present Judicial arrangement in India
includes of a diverse leveledsystem of courts. The Supreme Court, the most noteworthy
court of the arrive, implements an elevated requirement of equity, and advances a basic
way to deal with the law. At the dawn of freedom, the legislature of liberated India was
the forge where a document that will guide the young country with its own government
was being prepare in advance. The new country with itsown government proverbs its first
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leader in Jawaharlal

11
 Nehru, and a fatherly contribute to M. K. Gandhi, both ideal counsellors. Perhaps it is the
resultant understanding of standard and its connection to organization that prompted the
establishing fathers to dedicate the strength necessary to form an establishment of
exceptional size in both sphere and length. The Constitution of India is the mentor fully
matter’s executive, law making and judicial in the country. It is thorough and aims to be
delicate. The Constitution curve the management of structure initially introduced for
endlessness of pioneering and regal interests in India, immovably in consideration of
social work. The Constitution and through legal understanding seek to authorize the
feeblest members of the society.

1.1.3 SUPREME COURT OF CALCUTTA

The Supreme Court of Judicature at Fort William, Calcutta (Kolkata) was established in
1774 bythe Regulating Act of 1773. It replaced the Mayor's Court of Calcutta and was
topmost court from 1774 just before 1862, when the High Court of Calcutta was settled by
the Indian High Courts Act 1861.

From 1774 to the arrival of Parliament's Bengal Judicature Act of 1781 in June 1782, the
Court claimed jurisdiction over any person residing in Bengal, Bihar, or Orissa. These
first years were known for their conflict with the Supreme Council of Bengal over the
Court's jurisdiction. The conflict came to an end with Parliament's passing of the Bengal
Judicature Act of 1781 which restricted the Supreme Court's jurisdiction to either those
who lived in Calcutta, or to any British Subject in Bengal, Bihar, and Odisha, thereby
removing the Court's jurisdiction over any person residing in Bengal, Bihar, and Odisha.
The Court's first judges were:
1. Sir Elijah Impey, Chief justice from 1774 to 1783 on his recall to England
for impeachment.

2. Stephen Caesar Le Maistre, Puisne judge from 1774 to 1777 on his death.

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3. John Hyde (judge), Puisne judge from 1774 to 1796 on his death.

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1.1.4 INDIAN HIGH COURT ACT, 1861

In the three Presidency towns of Calcutta, Madras and Bombay there were two existent
legal schemes for executing fairness that is the Supreme Court and the Sadar Diwani and
Sadar Nizamat Adalat. This sort of legal administration was troublesome for the citizens
of the Presidencies.
In fact, it frequently clashed and it resulted in contradictory conclusions. Ultimately, this
question was answered by the British Parliament by accomplishing the Indian High
Courts Act, 1861.
The Indian High Courts bill was proposed by the secretary of State Sir Charles Wood in
the House of Commons on 6th June 1861 and eventually the Indian High Courts Act was
neglected the British Parliament on 6th August 1861. It was named as "An Act for
demonstrating High Courts of Judicature in India". The Act consists of 19 parts only.
The Indian High Courts Act, 1861, abrogated the Supreme Court and Sadar Adalat's in the
Presidencies and the Act further enabled sovereignty to issue letter's patent under the great
seal of the United Kingdom, to erect and demonstrate trial court of Judicature at Calcutta,
Madras and Bombay.
Itfurther in order that the High Courts were to emerge at period as her Majesty ability
regard fit. Thus, on bureaucratic rules of the High Court, the Supreme Court, the Sadar
Diwani Adalat andSadar Nizamat Adalat at the worried management search out be
abrogated and the records and documents of these courts so annulled search out enhance
the records and documents of High Courts worried.

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15
1.1.5 THE SUPREME COURT OF INDIA

In 1861, the Indian High Courts Act 1861 was legislated to construct high courts for
different provinces and annulled Supreme Courts at Calcutta, Madras and Bombay and the
Sadar Adalats in presidency towns in their domains. These new high courts had the
prominence of being the topmost courts for all cases till the concoction of the Federal
Court of India under the Governmentof India Act 1935. The Federal Court had area of
authority to answer disputes 'tween provinces and federal states and listen appeals against
judgement of the high courts. The first CJI of India was H. J. Kania the Supreme Court of
India came into play 28 January 1950. It dismissed both the Federal Court of India and the
Judicial Committee of the Privy Council that were therefore situated above the Indian
court system. The first actions and inaugural, still, took place on 28 January 1950 at 9:45
am, when the judges accepted their seats. Which is accordingly believed as the official
date of organization. The Supreme Court originally had its seat at the Chamber of Princes
in the legislature construction place the prior Federal Court of India sat from 1937 to
1950. The first Chief Justice of India was H. J. Kania. In 1958, the Supreme Court moved
to its present houses. Originally, the Constitution of India imagined a supreme court
accompanying a chief fairness and seven judges; leaving it to Parliament to increase this
number. In formative age, the Supreme Court join from 10 to 12 in the dawn and later 2 to
4 in the afternoon for 28 days in a month.

As the final court of appeal of the country, it takes up appeals primarily against verdicts of
the high courts of various states of the Union and other courts and tribunals. It safeguards
fundamental rights of citizens and settles disputes between various government authorities
as well as the central government vs state governments or state governments versus
another state government in the country. As an advisory court, it hears matters which may
specifically be referred to it under the constitution by President of India. It also may take
cognizance of matter son its own (or Suo moto), without anyone drawing its attention to
them. The law declared by the Supreme Court becomes binding on all courts within

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India

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and by 14 the union and state governments. Per Article 142 of the constitution, it is the
duty of the president to enforce the decrees of the Supreme Court.

1.1.6 HIGH COURTS IN INDIA

The high courts are the principal civil courts of original area of authority in each state and
joining region. However, a superior court exercises its original civil and criminal
jurisdiction only if the subordinate courts are not approved in accordance with the law to
try matters for lack of financial, regional jurisdiction. High courts may further enjoy
original jurisdiction in various matters, if so, named expressly in a state or general society.
However, the work of most high courts generally exists of appeals from lower courts and
summons petitions in agreements of Article 226 of the constitution. Writ jurisdiction is
further an original jurisdiction of a high court. The exact regional jurisdiction of each high
court is distinct. The appeal order is the following: tehsil-kotwali- criminal/civil courts →
district court → high court → supreme court. Each state is split into legal districts
presided over by a district and sessions judge. He is acknowledged as district judge when
he presides over a civil case, and sessions judge when he presides over a criminal case. He
is the chief legal expert beneath a high court judge. Below him, there are courts of civil
jurisdiction, known by various names in different states. Under Article 141 of the
constitution, all courts in India — containing high courts — are bound by the judgments
and orders of the Supreme Court of India by precedence. Judges in a high court are
selected by the President of India in consultation accompanying the Chief Justice of India
and the governor of the state. High courts are headed by a chief justice. The chief justices
rank fourteenth (within their specific states) and seventeenth (outside their 15 respective
states) on the Indian order of precedence. The number of judges in a court is determined
by separating the average institution of main cases during the last five years by the
national average, or the average rate of disposition of main cases per judge every year in
that High Court, whichever is higher.

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1.1.7 LOWER COURTS IN INDIA

The highest court in each district is that of the District and Sessions Judge. This is the
principal court of original civil jurisdiction besides the High Court of the State, and which
derives its jurisdiction in civil matters primarily from the code of civil procedure. The
district court is also a court of sessions when it exercises its jurisdiction on criminal
matters under the Code of Criminal procedure. The district court is presided over by a
district judge appointed by the state governor with on the advice of state chief justice. In
addition to the district judge there may be several additional district judges and assistant
district judges depending on the workload. The additional district judge and the court
presided have equivalent jurisdiction as the district judge and his district court. However,
the district judge has supervisory control over additional and assistant district judges,
including decisions on the allocation of work among them. The district and sessions judge
is often referred to as "district judge" when presiding over civil matters and "sessions
judge" when presiding over criminal matters. Being the highest judge at district level,the
district judge also 16 enjoys the power to manage the state funds allocated for the
development of judiciary in the district. The district judge is also called "metropolitan
session judge" when presiding over a district court in a city which is designated
"metropolitan area" by the state. Other courts subordinated to district court in the
metropolitan area are also referred to with "metropolitan" prefixed to the usual
designation. An area is designated a metropolitan area by the concerned state government
if population of the area exceeds one million or more.

1.1.8 CONCLUSION

A proper system of judiciary is present in the country dealing with maximum efforts in
providingwelfare and justice. Also, it is seen that the evolution has made a major role in
the condition of law that has a position and its value in today’s era. Also, the scope and
importance has increasedas the time and the call of justice increases.

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1.2 HIERARCHY OF INDIAN COURT SYSTEM

There are three pillars of Indian Government, namely Legislature, Judiciary and
Executive. Whereas the function of Legislature and Executive is to make laws for the
citizens and execution of laws made by Legislature respectively. Judiciary’s role is to
interpret the statutes laid down by the Legislature. India is one of the biggest and highly
populated country has a very strong judicial system. The efficient working of a judiciary
depends upon systemized hierarchy and the judicial system to be followed by the citizens.
Each court has its own jurisdiction in respect of subject and area they cover. Such a
system provides livelihood to many professionals attached to it and serves the nation with
justice.

1.2.1 SUPREME COURT OF INDIA

Article 124 to 147 defines the jurisdiction and composition of the Supreme Court. The
Primary status of Supreme court is of Appellate Court. Also, the Supreme Court accepts
the writ petition regarding such activities in which occurrence of a violation of the human
right is suspected. Moreover, it also entertains the petition after happening of such events.
Writ petitions are accepted by the virtue of Article 32. This Article confers right to
remedies through writs. Structure and Application of Supreme Court Currently, the
Supreme Court has 1 Chief Justice of India along with 30 others judge. The official
language of the Supreme Court is the English language. Moreover, Supreme Court rules,
1966 governs the Supreme Court. Article 145provides same rules for the Governance of
the Supreme court. This Article has been passing through the process of upgrading
according to Supreme Court Rules.

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1.2.2 HIGH COURTS OF INDIA

In Indian Judiciary, High Courts are the Second courts of Importance. In general, they are
subordinate to Supreme court. However, they have entirely different jurisdiction and are
of operation than the Supreme Court. The work of High court primarily consists of appeal
from lower court and writ petitions conferred by the virtue of Article 226. Writ
Jurisdiction is also the Original Jurisdiction of High Court. Constitutional Validity of
High Court Article 141 of the Indian Constitution guides High Court. According to Article
141, the Supreme Court’s judgments or precedent will govern other lower courts in India.
Which means, the Rules and Orders laid down in Earlier Judgement by Supreme Court
becomes the guiding post for all the other courts including High courts. Part VI, Chapter
V, Article 216 of Indian Constitution established High courts as Constitutional Courts.
They are Principal courts of Civil Jurisdiction situated in each State and Union Territory.
Currently, there are 24 high courts all over India. Jurisdiction of High Courts Originally,
High Court’s jurisdiction extends to States, Group of States and Union Territories. Also,
they have power to govern the jurisdiction of subordinate courts i.e., District courts. The
status of High Court is of principal civil court. However, High Court exercises their
Original civil and criminal jurisdiction only when the subordinate court is not competent
enoughto try such matters. Such a situation will arise by the inability of the financial or
territorial jurisdiction of lower courts. Only High Courts have jurisdiction to try certain
types of cases. Forexample, Company Law cases.

Structure and Application

President of India with the consultation of CJI and Governor of the State appoints the
Chief Judge of High court. Similarly, they appoint other judges of High Court. Moreover,
the number of judges in High Court is mainly fixed by considering the higher number of
either the average of the organization of main cases for the last years as per the average
nationally calculated or the average rate of main cases disposed of per judge per year in
the respective high court.
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1.2.3 DISTRICT COURTS OF INDIA

As the name suggests, district Court operates at the district level in our country. It is the
sole discretion of the state’s or union territory’s (UT) govt to decide the number of courts
to be in state or UT. Such decision is generally based upon Number of cases and the
population distribution in a district. These courts exercise their power as administer of
justice at the state level. However, the judgements of District courts are appealable in
subsequent high courts.

Composition and Structure of the District Court

The highest court in a district is of district or session judge court. These are the principal
court of original civil jurisdiction besides High court in a state. District court derives its
jurisdiction from the code of Civil Procedure in the civil matter. And as a session court, it
derives jurisdiction from the code of Criminal procedure in criminal matters. District
judge and Session judge presides over the district court and Session courts respectively.
The Governor of the state on the advice of Chief Justice of the State appoints them.
Beside District judge, there is several Additional or Assistant District judge, depending on
the workload. Also, they have equal jurisdiction as of District or Session Judge.

Jurisdiction of District Court

The district court exercise jurisdiction of both original side and appellate side. The
District Court has principal civil and criminal jurisdiction. However, the civil courts
derive their territorial and pecuniary jurisdiction from concerned state enactment on the
subject matter. And derives jurisdiction from the Code of criminal procedure in criminal
matters. As per the code, a District or Session judge can award a convict, a maximum
sentence of Capital Punishment. District courts in Delhi are: -

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1. Rohini District Court
2. Tis Hazari District Court
3. Karkardooma District Court
4. Saket District Court
5. Dwarka District Court
6. Patiala District Court

1.2.4 LOKADALAT IN INDIA

NALSA along with other Legal Services Institutions conducts Lok Adalats. Lok Adalat is
one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases
pending in the court of law or at pre-litigation stage are settled/ compromised amicably.
Lok Adalats have been given statutory status under the Legal Services Authorities Act,
1987. Under the said Act, the award (decision) made by the Lok Adalats is deemed to be a
decree of a civil court and is final and binding on all parties and no appeal against such an
award lies before any court of law. If theparties are not satisfied with the award of the Lok
Adalat though there is no provision for an appeal against such an award, but they are free
to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by
following the required procedure, in exercise of their right to litigate. There is no court fee
payable when a matter is filed in a Lok Adalat. If a matter pending in the court of law is
referred to the Lok Adalat and is settled subsequently, the court feeoriginally paid in the
court on the complaints/petition is also refunded back to the parties. The persons deciding
the cases in the Lok Adalats are called the Members of the Lok Adalats, they have the role
of statutory conciliators only and do not have any judicial role; therefore, they can only
persuade the parties to conclude for settling the dispute outside the court in the Lok Adalat
and shall not pressurize or coerce any of the parties to compromise or settle cases or
matters either directly or indirectly. The Lok Adalat shall not decide the matter so
referred at its own
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instance, instead the same would be decided based on the compromise or settlement
between the parties. The members shall assist the parties in an independent and impartial
manner in their attempt to reach amicable settlement of their dispute.

1.2.5 CONCLUSION

We can see that hierarchy of judiciary in India is based on constitution only. We have
courts at every level in our country. Also, it can be seen that pendency in the Indian
judiciary is too much and judges are less in no therefore the vacancies are left, yet our
judiciary has a large gap to provide justice on which the people of the country trust.

1.3 CONSTITUION AND COMPOSITION OF DISTRICT COURTS IN DELHI

The highest court in each district is that of the District and Sessions Judge. This is the
principal court of original civil jurisdiction besides the High Court of the State, and which
derives its jurisdiction in civil matters primarily from the code of civil procedure. The
district court is also a court of sessions when it exercises its jurisdiction on criminal
matters under the Code of Criminal procedure. The district court is presided over by a
district judge appointed by the state governor with on the advice of state chief justice. In
addition to the district judge there may be several additional district judges and assistant
district judges depending on the workload. The additional district judge and the court
presided have equivalent jurisdiction as the district judge and his district court.

However, the district judge has supervisory control over additional and assistant district
judges, including decisions on the allocation of work among them. The district and
sessions judge is often referred to as "district judge" when presiding over civil matters and
"sessions judge" when presiding over criminal matters.

24
Being the highest judge at district level, the district judge also enjoys the power to
manage the state funds allocated for the development of judiciary in the district. The
district judge is also called "metropolitan session judge" when presiding over a district
court in a city which is designated "metropolitan area" by the state. Other courts
subordinated to district court in the metropolitan area are also referred to with
"metropolitan" prefixed to the usual designation. An area is designated a metropolitan
area by the concerned state government if population of the area exceeds one million or
more. At the middle of the hierarchy there is the Court of Civil Judge(Senior Division) on
the civil side and the Court of the Chief Judicial Magistrate on the Criminal side.

Civil Judge (senior division) can decide civil cases of any valuation. There are many
additional courts of Additional Civil Judge (senior division). The Jurisdiction of these
addition courts is the same as that of the principal court of Civil Judge (Senior Division).
The Chief Judicial Magistrate can try cases which are punishable with imprisonment for a
term up to seven years. Usually there are many additional courts of Additional Chief
Judicial Magistrates. At the top level there may be one or more courts of additional
district and sessions judge with the same judicial power as that of the District and
Sessions judge.

Judicial independence of each court is the characteristic feature of the district judiciary. In
each district there is a strong bar which ensures that courts decide cases according to law
and without fear or favor. The greatest problem of district courts is that of huge backlog
of cases leading to undue delay in deciding cases.

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JUDICIAL BODIES AT DISTRICT LEVEL FAMILY COURTS

Marriage is an institution which is considered as sacred in India. But with the changing
times marriage has become a subject of great judicial scrutiny. Before 1984 all family
matters were seen by ordinary civil court judges who used to deal with matters like
recovery of money or property. In 1984 the Government of India after the
recommendation of the Law Commission in their 59th Report the family courts were
created by a Gazette notification of the Central Government. This Act was known as ‘The
Family Courts Act, 1984’.

Jurisdiction:

1. Civil matters

The family courts exercise the entire jurisdiction which is exercised by any District Court
or any subordinate civil court in the following matters-

1. Matrimonial causes

2. Maintenance and alimony of spouses

3. Custody and guardianship of children

4. Settlement of spousal property

5. Criminal matters

The judge is vested with the power exercisable by the Magistrate of First Class under
Chapter IX of Code of Criminal Procedure which is Order for maintenance of wives,
children, and parents.
Powers of Family Court:

1. The family court has the power to make their own procedure.

2. They are not required to record the oral statement of the witness at length.

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3. The appeal from family courts lies directly to the High Court.

4. The Family Court can receive any document or statement even if it is not

admissible under Indian Evidence Act 1872.

MOTOR ACCIDENT CLAIM TRIBUNAL

Motor Accidents Claims Tribunal has been created by the Motor Vehicles Act, 1988. It
has been constituted to provide speedier remedy to the victims of accident by motor
vehicles.

The Tribunals takes away jurisdiction of Civil Courts in the matters which concerns the
2
Motor Accidents Claims Tribunal. Appeals from Claims Tribunal lies with High Courts.
The appeal is limited by time and must be filed in the High Court within 90 days from the
date of award of Claims Tribunal. ‘The High Court may entertain the appeal after the
expiry of the said period of ninety days, if it is satisfied that the appellant was prevented
by sufficient cause from preferring the appeal in time.’ (Section-173). However, there is
no time limit for filing motor vehicle accidents claim. But an unusual delay will demand
an explanation by the Tribunal. According to Section 166 of the Motor Vehicles Act,1988
compensation can be claimed –By the person who has sustained injury; By the owner of
the damaged property; By all or any legal representative of the deceased who died in the
accident; By duly authorized agent of the injured person or all or any of the legal
representatives of the deceased who died in the accident. And the claim Petition can be
filed by the following–to the Claims Tribunal having jurisdiction over the area in which
the accident occurred or, to the Claims Tribunal within the local limits of whose
jurisdiction the claimant resides, or carries on business or, within the local limits of whose
jurisdiction the defendant resides.

Motor Accident Claims Tribunals [MACT Courts] deal with claims relating to loss of
life/property and injury cases resulting from Motor Accidents. The Claims are to be
directly filed in the concerned Tribunal. MACT Courts are presided over by Judicial
27
Officers from Delhi Higher Judicial Service. Now these Courts are under direct
supervision of the Hon’ble High Courts of various States.

GREEN COURTS

The Tribunal's dedicated jurisdiction in environmental matters shall provide speedy

environmental justice and help reduce the burden of litigation in the higher courts. The
Tribunal shall not be bound by the procedure laid down under the Code of Civil
Procedure, 1908,but shall be guided by principles of natural justice. The tribunal is
mandated to make and endeavor for disposal of applications or appeals finally within 6
months of filing of the same. Initially, the NGT is proposed to be set up at five places of
sittings and will follow circuit procedure for making itself more accessible; New Delhi is
the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata, and Chennai
shall be the other place of sitting of the Tribunal.

CBI COURTS
Seems like CBI court is just another form of district court that is only meant to deal with
CBI cases’ courts, due to the high volume of evidence involved, takes more time for the
review and judgement even though the number of cases dealt with are limited to ones
handled by CBI. A CBI court verdict can be challenged in the high court, just like the
verdicts issued from district courts. Funding of the infrastructure is done by the CBI. The
officers are appointed as CBI Judges by the High Court, and they normally work for
tenure of 3 years on deputation from their regular court. For Session Cases (Serious
Crimes) CBI courts are manned by Additional District & Sessions judge officer. For
magistrate triable cases (less serious crimes as per Law/ IPC) A CBI Magistrate is
appointed who is in the rank of Chief judicial Magistrate or a Judicial Magistrate first
class.
28
CONSUMER FORUM

The National Consumer Disputes Redressal Commission (NCDRC), India is a quasi-

judicial commission in India which was set up in 1988 under the Consumer Protection Act

of 1986. Its head office is in New Delhi. The commission is headed by a sitting or retired

judge of the Supreme Court of India. The commission is presently headed by Justice R K

Agrawal, former judge of the Supreme Court of India. Section 21 of Consumer Protection

Act, 1986 posits that the National Consumer shall have jurisdiction: - to entertain a

complaint valued more than one crore and have Appellate and Revisional jurisdiction

from the orders of State Commissions or the District as the case may be.

Section 23 of Consumer Protection Act, 1986, provides that any person aggrieved by an

order of NCDRC, may prefer an Appeal against such order to Supreme Court of India

within a period of 30 days.

LEGAL AID CENTRES

Article 39A of the Constitution of India provides for free legal aid to the poor and weaker
sections of the society and ensures justice for all. Article 14 and 22(1) of the constitution
also make it obligatory for the State to ensure equality before law and a legal system
which promotes justice on the basis of equal opportunity to all. In 1987, the Legal
Services Authorities Act was enacted by the Parliament which came into force on 9th
November, 1995 with an object to establish a nationwide uniform network for providing
free and competent legal services to the weaker sections of the society on the basis of
29
equal opportunity. The National Legal Services Authority (NALSA) has been constituted
under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of
legal services available under the Act.

Hon'ble Mr. Justice K.G. Balakrishnan, the Chief Justice of India is the Patron-in-Chief
and Hon'ble Mr. Justice S.B. Sinha, Judge Supreme Court of India, is the Executive
Chairman of the Authority.
In every State, a State Legal Services Authority and in every High Court, a High Court
Legal Services Committee has been constituted. District Legal Services Authorities and
Taluka Legal 27 Services Committees have been constituted in the districts and most of
the Talukas in order to give effect to the policies and directions of the NALSA and to
provide free legal services to the people and conduct Lok Adalats in the State.

The State Legal Services Authorities are chaired by Hon'ble Chief Justice of the
respective Districts and the Taluk a Legal Services Committees are chaired by the Judicial
Officers at the Taluka Level. Supreme Court Legal Services Committee has been
constituted to administer and implement the legal services program in so far as it relates to
the Supreme Court of India.

NATIONAL LEGAL SERVICES AUTHORITY (NALSA)

Functioning of NALSA

The NALSA issues guidelines for the State Legal Services Authorities to implement the
Legal Aid Programs and schemes throughout the country. Primarily, the State Legal
Services Authorities, District Legal Services Authorities, Taluka Legal Services
Committees, etc. have been asked to discharge the following two main functions

On regular basis:
30
1. To Provide Free Legal Services to the eligible persons; and

2. To organize Lok Adalats for amicable settlement of disputes.

Free Legal Services

The Free Legal Services include:

1. Payment of court fee, process fees and all other charges payable or incurred In

connection with any legal proceedings.

2

2. Providing Advocate in legal proceedings.

3. Obtaining and supply of certified copies of orders and other documents in

legal proceedings.

31
4. Preparation of appeal, paper book including printing and translation of documents in

legal proceedings.

Eligible persons for getting free legal services include:

1. Women and children.

2. Members of SC/ST.
3. Industrial workmen.
4. Victims of mass disaster; violence, flood, drought, earthquake, industrial disaster.
5. Disabled persons.
6. Persons in custody.
7. Persons whose annual income does not exceed Rs. 50,000/-
8. Victims of Trafficking in Human beings.

MEDIATION CENTRES

Mediation is one of the Alternative Dispute Resolution Methods contemplated under

Section 89 of the Code of Civil Procedure enacted by the Parliament. Mediation is a
process in which a neutral third party assists the disputing parties to creatively resolve
their disputes without going to trial. Mediation presents a unique opportunity for dispute
resolution with the involvement and participation of all the parties and their advocates.
A neutral third party called "mediator" uses special negotiation skills and communication
techniques to help litigants bridge their differences and find a solution to their dispute.
Mediation always leaves the decision-making power with the parties. A Mediator does not
decide what is fair or right or apportion blame. Rather, a mediator acts as a catalyst to
bring the two disputing parties together by defining issues and eliminating obstacles for
communication and settlement.

32
 CHAPTER 2
OFFICE PROCEDURES AT ADVOCATES FIRM OR OFFICE

2.1.1 CLIENT COUNSELLING

Professional Legal Education should certainly focus on the lawyering abilities. Client counselling is an

essential ability in which the undergraduates of law should acquire information. One of the important

functions of a counsellor is to guide the people who seek support in knowing the legal implications of

their conduct. The counsellor is looked upon to facilitate decision making in certain crucial legal matters.

This function of the advocate influencing and promoting decisions is called counselling. Bar Council of

India, the highest professional body of counsellors, has a key duty in Professional Legal Education The

word ‘Counsel’ has its basis in the Latin word ‘consilium’ that means advice.

According to Blacks’ Law Dictionary, counsel means advice and support given by individual person to

another concerning a legal matter, proposed line of conduct, claim or contention. As a matter of fact,

advocates are likewise legal counsels. Counsellor is an attorney; advocate; member of the legal

profession who gives legal recommendation and handles the legal relationships of client, containing if

necessary, appearing on his or her side in civil, criminal, or administrative litigation and procedures.

Purpose of Client interviewing

1 The lawyers require to know the factual dimensions of their client’s situation. Factual matrices are the

conditions for laws to operate. “Neat packages of fact are a predicate for professional activity by

lawyers”. One fundamental purpose of interviewing is to know the facts story. The responsibility of

gathering the facts is that of the lawyer.

2 The fact that the client has approached a lawyer itself conveys that he or she has identified some legal

problems. But the client may not know what matters, facts, instances, and documents are significant and

relevant.

33
3 The lawyer will have to extract the necessary information and identify the legally sensitive facts.

Expression of feelings like disillusionment, digestion, pain etc. can also constitute important facts.

Identification of witnesses, documents etc., are also done by interviewing.

4 The second significant purpose of interviewing is building the professional relationship with the client.

The lawyer shall ensure to the client that his interests will be well taken care of and he and his feelings

will be genuinely respected.

5 Mutual trust is the characteristic feature of the professional relationship. If the client does not trust, he

may not divulge certain secrets and may find uneasy to discuss certain delicate matters. It is pertinent to

note that the duty to maintain confidentiality is implicit in the lawyer’s duty to give priority to the

interests of the client. Bar Council standards of professional conduct.

6 Free legal assistance to the needy is a noble duty. An Advocate shall not stipulate for a fee contingent on
the results of litigation or agree to share the proceeds thereof. The third notable function of interviewing
understands the expectations of the client. What are the interests, expectations, and concerns of the
client? Unless these are understood and seriously considered, the efforts to satisfy the client will go in
vain. It should be remembered that it is the satisfied client who while advertise for that lawyer.

2.1.1 TAKING NOTES

Note taking is an important aspect of court working because it not only helps to remember the points
that are needed but also helps at the point of time when in case the case file or documents are not
available.

To have the skill of good note taking some of its uses and importance should be kept in mind like: -

Your regularly kept notes should always include these basic details:

34
I. Date. Write down the full date of your meeting including the year. Yes, you know the year when
you are there at the meeting but write it down anyway. When you are looking back at these notes down
the road, you do not need to be searching for contextual clues for the year.

II. Time. If you are taking notes of a call or meeting, put down the time at which you are having the
conversation. This little piece of information may seem irrelevant now, but you have no idea what
significance it could take on later.

III. Matter. This might seem obvious from the other pieces of information on the page but list the
matter the notes pertain to. This makes filing much easier. It can also be critical if your practice lends
itself to having multiple matters with the same participants.

IV. Participants. If the notes are of a call or meeting, write down all of the participants in the
conversation.

If the list changes in the course of the call, such as someone joining or leaving, make a note of it. By
having the participants written down at the top of the page, you can easily identify who said what.

V. Main Topic. Give your notes a title. At the top of the page, write down the primary topic of the
conversation or work you did. It should be simple, such as “Motion for Summary Judgment.”

VI. Take Away. The end of your notes should have an indication of how the event ended. If you
promised to do something, write that down and note the date you agreed to do it. If someone else
promised to do something for you, note that. If you simply need to continue working on the project, say
that. Your notes could easily end with “more tomorrow.”

You should have file opening procedures in place. Make sure one of the folders you create for each file is

a “notes” file. Each time you take notes, put it in the right file. The notes will be where they belong when

you go looking for them. Another reason to do this is an empty notes file will remind you that there is

something missing from your work. And if you need to refresh yourself as to where you are on a matter,

you can easily review your chronological notes and the take always on each to see where the matter

currently stands.

35
 2.1.2 LEGAL RESEARCH

If there is one skill that is primary to the practice of law, it is legal research, and that is irrespective of the

kind of role one chooses to undertake – whether one is a practicing advocate, a corporate lawyer, or a

paralegal. In fact, it would not be an exaggeration to say that it is indeed the founding stone on which the

whole premise of the legal profession is built. if legal research is such an indispensable skill, how come

we hardly pay any conscious heed to it. Truth is even if we do not talk about the theory per se, we

practice it every day of our profession. It is rather unfortunate though that the lack of conscious attention

results in underdevelopment of this essential skill among many law students and even legal professionals

and the reason behind this is the lackluster reputation that ‘legal research and/or methodology’ as a

subject ends up garnering from the beginning of law school. Fortunately, now the scenario regarding

legal research is gradually improving, at least in some respects. A considerable credit for this goes to

online legal research portals, now widely available with the advent of technology and higher availability of

internet access in most parts of the world.

2.1.3 LEGAL DRAFTING

Drafting is a science and can be acquired only by long practice. In simple terms, drafting refers to the act

of writing legal documents. The key feature of drafting is that it presents a brief knowledge about the

significant facts of the situation or issue. Drafting demands a lot of skills combined with patience from

the advocates. A properly drafted document aims at accuracy and truth.

1. Sound knowledge of laws: The most important duty of a draftsman is to have a clear conception of

what the intention of the parties are and then to examine how the same can be carried out in the light of
the applicable laws. Therefore, he must have a sound knowledge of law which will also enable himto ask

36
 suitable questions from the parties involved.

2. Details of Parties: This is but obvious principle of the drafting. A draftsman must get to know the

names, description, address of the parties and should know the matters to be covered.

3. Contractual Capacity: A good draftsman must know whether the parties to a document are free to

contract in the capacity in which they intend to contract. For Instance, A minor cannot enter a

contract except through his legal guardian.

4. Lay-out: It is always desirable to make an outline of the document before taking up with the drafting.

It is like one must plan what should be the contents of the document first and then get the laws,

facts& Information arranged are per the plan.

5. Schedules and Annexures: Schedules and Annexures wherever necessary must be provided

along with the document and proper reference of the same should be made in the document itself.

6. Unnecessary words: Incorporation of unnecessary words and matters should be avoided to make the

document precise, otherwise it renders the document unintelligible and lengthy unnecessarily.

Also, positive statements should be used than negative ones, wherever possible.

7. In case of Companies: It should be assessed by the draftsman that the object clause of the

memorandum of association of the Company permits it to execute such document. Otherwise, the

document is of no use. Also, it should be checked that the person acting on behalf of the Company

is duly authorized by the Board of Directors by passing a Board resolution.

Some Do’s and Don’ts of Drafting:

1. Use familiar words rather than farfetched words.

2. Use short words rather than a long word.

3. Use Active voice instead of passive voice.

37
4. No unnecessary repetition of words.

5. Write shorter sentences.

6. Express the ideas in fewer words.

7. Choose the right word.

8. Know exactly the meaning of the words and sentences you are writing, and

9. Put yourself in the place of reader, read the document from his point of view and satisfy yourself

regarding the content, interpretation, and the sense it carries.

2.1.4 FILE PREPARING

Procedure For Filing a Suit/Case:

There is a detailed procedure laid down, for filing a civil case. If the procedure is not followed, then the

registryhas a right to dismiss the suit.

The Procedure is as follows:

1. Filing Of Suit/Plaint

2. Vakala Nama

3. Court Fees

4. How Proceedings Are Conducted

5. Written Statement

6. Replication By Plaintiff

7. Filing Of Other Documents

8. Framing Of Issues/List of Witness

9. Final Hearing

38
10. Appeal, Reference, and Review

11. Limitation

12. Filing of Suit/Plaint

In layman's language plaint is the written complaint/allegation.

One who files it is known as "Plaintiff" and against whom it is filed is known as "Defendant" The plaint

has to be filed within the time limit prescribed in the Limitation Act, and should be typed copy, in double

line space.

Name of the Court, Nature of Complaint, Names and Address of parties to be suit has to be clearly

mentioned. Vakala Nama.

A person/party filing a case, may also represent their own case personally in any court. However, due to

lack of knowledge of Law and Technical Procedures, Lawyers are engaged to report the interest of

parties. " Vakala Nama", is a document, by which the party filing the case authorizes the Advocate to

represent on their behalf? On General Terms, a Vakala Nama may contain the falling terms: The client

will not hold the Advocate responsible for any decision. The client shall bear all the costs and/expenses

incurred during the proceedings. The advocate shall have right to retain the documents unless complete

fees are paid. The client is free to disengage the Advocate at any stage of the Proceedings. The Advocate

shall have all the right to take decisions on his own in the court of Law, during the hearing, to the best

interest of client.

"Advocate Welfare Stamp" to be affixed on the Vakala Nama. Plaint should also have the requisite court

fees attached to it. Court fees are some nominal percentages of the value of the claim or value of the suit.

The

requisite amount of Court and stamp fees is different for every suit and is mentioned in the "Court Fees

39
 Stamp Act" Court Fees.

Value of Suit

1. Value of suit exceeds Rs. 1,50,000-1,55,000 == Rs. 1700/- 2. Value of suit exceeds Rs. 3,00,000-3,05,000

==Rs. 2450/- 3. Value of suit exceeds Rs. 4,00,000-4,05,000 == Rs. 2950/-

Finally, a date shall be given to the plaintiff, for first hearing. On such hearing, the court will decide

whether the proceedings should continue or not. If it decides that the case no merits, then it will dismiss

it there itself, without calling opposite party. If it decides otherwise, then proceedings shall be How

Proceedings Are Conducted

1. On the first day of hearing, if the court thinks there are merits in the case, it will issue notice to the

opposite party, to submit their arguments, and fix a date.

2. On issuance of notice to the opposite party, the plaintiff is required to do the following:

3. File requisite amount of procedure--- fee in the court.

4. File 2 copies of plaint for each defendant in the court, i.e., if there are 3 defendants, 6 copies have to

be filed.

5. Of, the 2 copies for each defendant, one shall be sent by Register/post/courier, and one by

Ordinary post.

6. Such filing should be done within 7 days, from date of order/notice.

7. Written Statement

8. When the notice has been issued to the defendant, he is required to appear on the date mentioned in

the notice.

9. Before such date, the defendant is required to file his "written statement", i.e., his defense against the

40
 allegation raised by plaintiff, within 30 days from date of service of notice, or within such time as

given by court

10. The written statement should specifically deny the allegations, which defendant thinks are false.

Any allegation not specifically denied is deemed to be admitted.

11. The written statement should also contain verification from the Defendant, stating that, the contents

of written statement are true and correct.

12. The period of 30 days, for filing a Written Statement, can be extended to 90 days after seeking

permission of the court.

13. Replication By Plaintiff

14. "Replication" is a reply, filed by the plaintiff, against the "written statement" of Defendant.

15. "Replication" should also specifically deny the allegations raised by the Defendant in written

statement. Anything not denied is deemed to be accepted.

16. Replication should also contain, a " verification" from the plaintiff, stating that contents of

"Replication" are true and correct.

17. Once Replication is filed, pleadings are stated to be complete.

18. Filing of Other Documents.

19. Once, the pleadings are complete, then both the parties are given opportunity to produce and

file documents, on which they rely, and to substantiate their claims.

20. Any document not filed or produced cannot be relied upon, during final arguments.

21. Filing of Documents is not sufficient. They should be admitted and taken on record. In brief the

procedure is as follows:

41
22. Documents filed by one party may be admitted by opposite party.

23. If they are denied by opposite party, then they can be admitted by the witness produced by
party whose documents are denied.

24. Once the document has been admitted it shall form a part of the record of court, and all the details of

suit such as name of parties, title of suit etc., shall be inscribed on the document. (O13 R49 7)

25. Documents, which are rejected i.e., not admitted, are returned to the respective parties.

26. It is necessary that document should be filed in "original", and a spare copy should be given to the

opposite party.

27. Framing of Issues/List of Witness

28. "ISSUES" are framed by the court, based on which arguments and examination of witness takes place.

29. Issues are framed, keeping in view the disputes in the suit, and the parties are not allowed to go outside

the purview of "Issues".

30. Issues may be of: A) Fact or B) Law

31. While passing final order, the court will deal with each issue separately, and pass judgement on each

issue.

CERTIFIED COPY OF ORDER

Certified copy of order, mean, the final order of court, and having the seal and stamp of court. Certified

copy of useful, in case of execution of the order, or in case of appeal.

Certified copy can be applied by making an application to the Registry of concerned Court, along with

nominalfees for the order.

In case of "urgent requirement some additional amount has to be deposited. "Urgent order" can be

42
 obtainedwithin a week, and the normal might take 15 days.

Appeal, Reference, and Review

When an order is passed against a party to the suit, it is not that it has no further remedy. Such party can

further initiate the proceedings, by way of:

 Appeal,

 Reference, or

 Review.

2.1.5 ACCOUNT SETTLING

It is an important concept of a accounts where lawyer fees or the payment in return of services is made

by the lawyer. As the Vakala Nama gets prepared and submitted the lawyer can demand its first share of

fees from the party. The concept of professional fees can be demanded by the lawyer at time to time

depending about the working and a preparation of important documents for the case.

Every new case and legal work are marked as a separate legal work and is charged according to the work

and is demanded by the lawyer in form of his professional fees from his client.

2.1.6 COURT FEES 3

COURT FEES PAYABLE

CIVIL CASES

3 43
Search/District Court in India | Official Website of District Court of India (ecourts.gov.in) (Last visited on August 20,
2024)
Sr. Category of Cases Court Fees
No
.
1 Civil Suit of 25/-
Jurisdiction 200/-

2 Civil Suit of 55/-

Jurisdiction 400/-

3 Rent petition 15/-

4 Miscellaneous 10/-
Applications

5 Recovery Suits As per Annexure "A"

6 Execution 15/-

7 Arbitration Cases U/S 300/-

34

8 Arbitration Cases U/S 150/-

9

9 Guardian and Ward 10/-

Act Cases

Indian Succession Act 10/-

10 Cases

11 Hindu Marriage Act 25/-

Cases

44
12 Civil Appeal As per fees mentioned in
Decree Sheet

13 Civil Miscellaneous 10/-

Appeals

14 Rent Appeals 15/-

15 Motor Accident Claim 10/-

Petitions

16 Transfer Applications 10/-

CRIMINAL CASES

Sr. No. Category of Cases Court

Fees

1 Bail Application 10/-

2 Criminal Miscellaneous Application 10/-

3 Maintenance U/S 125 Cases 10/-

4 Criminal Revision Cases 10/-

5 Criminal Appeal 10

45
When the amount or

value of subject But does not Proper Fee ₹

exceed ₹
matter exceeds

10,000 15,000 2.5%

375+3.5% of the amount

exceeding ₹ 15,000
15,000 27,000

795+4.5% of the amount

exceeding ₹ 27,000
27,000 39,000

1335+5.5% of the amount

exceeding ₹ 39,000
39,000 51,000

1995+6.5% of the amount

exceeding ₹ 51,000
51,000 63,000

63,000 75,000 2775+7.5% of the amount

exceeding ₹ 63,000

42
 3675+6.5% of the amount
exceeding ₹ 75,000
75,000 5,00,000

31300+5.5% of the amount

exceeding ₹ 5,00,000
5,00,000 10,00,000

58800+4.5% of the amount

exceeding ₹ 10,00,000
10,00,000 20,00,000

103800+3.5% of the amount

exceeding ₹ 20,00,000
20,00,000 30,00,000

43
COURT FEES FOR NEW FILED CASES

Sr. Case Type Fees

No. (Rs. )
1 Appeal Against Order 10 /-

2 Application Process 25 /-

3 Application or Petition 10 /-

Appeal every other suit where it is not possible to

4 50 /-
estimate the money value

5 Arbitration Act 50 /-

6 Caveat 25 /-

7 Copy of Decree Sheet 20 /-

8 Criminal Appeal and Revision 10 /-

9 Complaint 138 NI Act 50 /-

10 Copy of Order / Judgment Civil / Criminal 10 /-

11 H. M. Act 50 /-

12 Memo 20 /-

13 Pauper Appeal 10 /-

43
 14 Pauper Application 10 /-

15 Process Fees 50 /-

16 Rent Appeal 50 /-

17 Suit for Declaration 50 /-

18 Vakalatnaama / Mukhtiarnaama 10 /-

VALIDATES OF APPEAL / REVISION ALL CASES

Sr. Case Type Validity

No.
1 Acquitted 60
days
2 Civil Appeal 30
days
3 Criminal Appeal 30
days
4 Criminal Revision Against Order 90
days
5 Government Appeal 90
days
6 Rent 15
days

43
2.1.7 RELATIONSHIP WITH SUPPORT STAFF

 Adopt a team mentality

Working at a law firm involves being part of a team. Every role is essential, from the

senior partner to the support staff. Try to get along with all employees and avoid

treating one member differently than another according to rank or supposed level of

importance.

 Be a good listener

Ever wonder how balanced your conversations are? Do others enjoy talking with you or

do they feel overshadowed? Try to spend one-third of conversations speaking and two-

thirds listening. Remember that listening is an active practice that involves focusing

intently on what is being said.Train yourself to pay attention to what your colleague is

saying without getting distracted.

 Being a good listener at work

at work can give you a boost in productivity, fewer misunderstandings, better progress

toward goals, and stronger relationships with your coworkers.

 Have a can-do attitude

According to Canadian Lawyer Magazine, “Attitude is everything. Adopting the right

attitude can convert a negative stress into a positive one.”

During stressful times at a law firm, you can help reduce friction among coworkers, by

demonstrating a willingness to work with everyone and anyone to get the job done.

Offer your assistance whenever you can and show that no task is beneath you. Aim for

harmony at work Discord at work is, unfortunately, all too prevalent. Discourage

negative workplace interactions and do your part to build a harmonious relationship

with your coworkers. Show that you are a team player, that you are not interested in

generating strife or contributing to bad feelings. Keep in mind that little things, such as

44
a genuine thank

you, can go a long way to creating comfort, rapport, and trust in the workplace.

45
 CHAPTER-3

FILING A CASE AND COURT PROCEDURES

3.1 PROCEDURE OF FILING A CASE

There is a detailed procedure laid down, for filing a civil case. If the procedure is not

followed, then the registry has a right to dismiss the suit. The Procedure is as follows:

1. Filing Of Suit/Plaint

a. In layman's language plaint is the written complaint.

b. One who files it is known as Plaintiff and against whom it is filed is known as Defendant.

c. The plaint has to be filed within the time limit prescribed in the Limitation Act and should

be typed copy, in double line space.

d. Name of the Court, Nature of Complaint, Names, and Address of parties to suit has to be

mentioned.

e. Plaint should also contain verification from the plaintiff, stating that, contents of the

plaint are true and correct

2. Vakala Nama

a. Vakala Nama is a document, by which the party filing the case authorizes the Advocate to

represent on their behalf.

b. On General Terms, a Vakala Nama may contain the following terms

i. The client will not hold the Advocate responsible for any decision.

ii. The client shall bear all the costs and/expenses incurred during the proceedings.

iii. The advocate shall have the right to retain the documents unless complete fees are paid.

46
iv. The client is free to disengage the advocate at any stage of the proceedings.

v. The advocate shall have all the right to make decisions on his own in the court of law,

during the hearing, to the best interest of the client.

c. Vakalatnama is affixed on the last page of plaint/suit and is kept along with court records.

d. No fees are required to be paid on it in District Courts.

e. Plaint should also have the requisite court fees attached to it. Court fees are some

nominal percentages of the value of the claim or value of the suit. The requisite amount

of Court and stamp fees is different for every suit, and is mentioned in the Court Fees

Act, 1870.

3. Court Fees

a. Different amount of court fees is paid for a different type of document. For example: -

i. In case of plaint/written statement = Rs.10 = if the value of the suit exceeds Rs.5,000/-

up to 10,000/-

ii. Plaint, in a suit for possession = Fee of one half of the amount above.

iii. On a copy of a Decree or order = (50 paise) = if the amount or value of having the force

of a decree the subject matter of the suit wherein such decree or order is made is fifty or

less than fifty rupees.

4. How Proceedings Are Conducted

a. Finally, a date shall be given to the plaintiff, for the first hearing. On such hearing, the

court will decide whether the proceedings should continue or not. If it decides that the

case has no merits, then it will dismiss it there itself, without calling the opposite party.

b. On the first day of the hearing, if the court thinks that there are merits in the case, it will

issue a notice to the opposite party, to submit their arguments, and fix a date.

c. On issuance of notice to the opposite party, the plaintiff is required to do the following:

47
i. File requisite amount of procedure--- fee in the court.

ii. File 2 copies of plaint for each defendant in the court, i.e., if there are 4 defendants, 8

copies have to be filed.

iii. Of the 2 copies for each defendant, one shall be sent by register/post/courier, and one

by ordinary post.

iv. Such filing should be done within 7 days, from date of order/notice.

5. Written Statement

a. When the notice has been issued to the defendant, he is required to appear on the date

mentioned in the notice.

b. Before such date, the defendant is required to file his written statement, i.e. his defense

against the allegation raised by the plaintiff, within 30 days from date of service of

notice, or within such time as given by the court.

c. The written statement should specifically deny the allegations, which the defendant

thinks are false. Any allegation not specifically denied is deemed to be admitted.

d. The written statement should also contain verification from the defendant, stating that

the contents of the written statement are true and correct.

e. The period of 30 days, for filing a Written Statement, can be extended to 90 days after

seeking the permission of the court.

6. Replication By Plaintiff

a. Replication is a reply, filed by the plaintiff, against the written statement of defendant.

b. Replication should specifically deny the allegations raised by the defendant in a written

statement. Anything not denied is deemed to be accepted.

c. Replication should also contain verification from the plaintiff, stating that contents of

replication are true and correct.

48
 d. Once replication is filed, pleadings are stated to be complete.

7. Filing of Other Documents

a. Once, the pleadings are complete, both the parties are allowed to produce and file

documents on which they rely, and to substantiate their claims.

b. Any document not filed or produced cannot be relied upon, during final arguments.

c. Filing of documents is not sufficient. They should be admitted and taken on record.

In brief, the procedure is as follows:

i. Documents filed by one party may be admitted by the opposite party.

ii. If they are denied by the opposite party, then they can be admitted by the witness

produced by the party whose documents are denied.

iii. Once the document has been admitted, it shall form a part of the record of the court, and

all the details of the suit such as the name of parties, the title of the suit, etc., shall be

inscribed on the document.

iv. Documents, which are rejected, i.e., not admitted, are returned to the respective parties.

v. It is necessary that the document should be filed in original, and a spare copy should be

given to the opposite party.

8. Framing Of Issues

a. Issues are framed by the court, based on which arguments and examination of

witness take place.

b. Issues are framed keeping in view the disputes in the suit, and the parties are not

allowed to go outside the purview of issues.

c. Issues may be of A) Fact or B) Law

d. While passing the final order, the court will deal with each issue separately, and

pass judgment on each issue.

49
9. List Of Witness

a. Whichever witness, the parties wish to produce, and to be examined, must be

produced before the court.

b. Both the parties to the suit shall file a list of witness within 15 days from the date

on which issues were framed or within such other period as the court may

prescribe.

c. The parties may either call the witness on its own or ask the court to send the

summons to them.

d. In case the court sends the summons to witness then the party calling for such

witness must deposit money with the Court for their expenses, known as Diet

Money.

e. A person, who does not appear before the court, if he is required by the court to do

so, then the court may impose fine and penalty on him.

f. Finally, on the date, the witness will be examined by both the parties.

g. Examination by the party of its witness is called Examination-in-chief

h. Examination by the party of another party's witness is called cross-examination.

i. Whatever has to be deposed in Examination-in-chief, can also be filed by way of

an Affidavit.

j. Once, the Examination and Cross-Examination of witness is over, and also the

admission and denial of documents, then the court will fix a date for final

hearing.

10. Final Hearing

a. On the day fixed for the final hearing, the arguments shall take place.

b. The arguments should strictly be confined to the issues framed.

50
 c. Before the final Arguments, the parties with the permission of the Court can amend

their pleadings.

d. Whatever is not contained in the pleadings, the court may refuse to listen
.
e. Finally, the court shall pass a final order, either on the day of hearing itself, or

some other day fixed by the court.

11. The appeal, Reference, And Review

a. When an order is passed against a party to the suit, it is not that it has no further remedy.

Such a party can further initiate the proceedings, by way of appeal, reference, or review.

b. Procedure for Appeal from Original Decrees (Order 41)

i. The appeal shall be filed in the form prescribed, signed by the appellant, along with a

true certified copy of the order.

ii. The appeal shall contain the grounds of objection under distinct heads, and such

grounds shall be numbered consecutively.

iii. If the appeal is against a decree for payment of money, the court may require the

appellant to deposit the disputed amount or furnish any other security.

iv. A ground/objection which has not been mentioned in the appeal, cannot be taken up for

arguments, without the permission of the court.

v. Similarly, any point of the act which was not taken up y the Appellant, in the lower

court, cannot be taken up in appeal lies only against only those points which have been

decided by the court rightly or wrongly.

12. Limitation

a. For every appeal, there is a limited period, within which appeal should be filed. Such a

limitation is provided under the Limitation Act, 1963.

b. For appeal, in case of a decree passed by the lower court in a civil suit, the limitation is:

51
i. Appeal to High Court- 90 days from the date of decree or order.

ii. Appeal to any other court- 30 days from the date of Decree or order.

52
 c. In case there is more than one plaintiff or defendants, then any one of them can file on

appeal against all of them respectively.

d. Merely because an appeal is filed, does not mean that the order or decree of the lower

court has stayed. In case of temporary stay of decree or order, it has to be specifically

asked, and stay will operate only if the court grants it.

e. In case of execution of the decree, the court, which passed the decree, can itself stay the

execution for time being on sufficient reasons shown.

f. The court may require the appellant to deposit some sort of security.

g. The appellate court may, on the day fixed for hearing the appellant dismiss the appeal

or issue a notice to the opposite party to appear on the next day.

h. If on the first day of the hearing, appellate court issues summons to the opposite

party, then:

i. It shall fix a date for the next hearing, and such date shall be published in
the courthouse.

ii. Notice shall also be sent to the lower court, whose decree or order has been appealed.

iii. To appellant is required to file process fee, which is very nominal in amount, and on

such filing, the notice shall also be sent to the opposite party.

iv. In case of an appeal, the one who files the appeal is known as appellant, and against

whom it is filed, is known as Respondent.

3.2 COURT MANNERS

1. Act in a dignified manner- During the presentation of his case and while acting before a

court, an advocate should act in a dignified manner. He should always conduct himself

with self-respect. However, whenever there is proper ground for serious complaint

against a judicial officer, the advocate has a right and duty to submit his grievance to

proper authorities.

53
2. Respect the court- An advocate should always show respect towards the court. An

advocate must bear in mind that the dignity and respect maintained towards judicial

office is essential for the survival of a free community.

3. Not communicate in private- An advocate should not communicate in private to a judge

about any matter pending before the judge or any other judge. An advocate should not

influence the decision of a court in any matter using illegal or improper means such as

coercion, bribe etc.

4. Refuse to act in an illegal manner towards the opposition- An advocate should refuse to

act in an illegal or improper manner towards the opposing counsel or the opposing

parties. He shall also use his best efforts to restrain and prevent his client from acting in

any illegal, improper manner or use unfair practices in any mater towards the judiciary,

opposing counsel or the opposing parties.

5. Refuse to represent clients who insist on unfair means- An advocate shall refuse to

represent any client who insists on using unfair or improper means. An advocate shall

excise his own judgment in such matters. He shall not blindly follow the instructions of

the client. He shall be dignified in use of his language in correspondence and during

arguments in court. He shall not scandalously damage the reputation of the parties on

false grounds during pleadings. He shall not use unacceptable language during arguments

in the court.

6. Appear in proper dress code- An advocate should always appear in court only in the

dress prescribed under the Bar Council of India Rules and his appearance should always

be presentable.

7. Refuse to appear in front of relations- An advocate should not enter appearance, act,

plead or practice in any way before a judicial authority if the sole or any member of the

bench is related to the advocate as father, grandfather, son, grandson, uncle, brother,

nephew,
54
 first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law,

son-in-law, brother-in-law daughter-in-law or sister-in-law.

8. Not to wear bands or gowns in public places- An advocate should not wear bands or

gowns in public places other than in courts, except on such ceremonial occasions and at

such places as the Bar Council of India or as the court may prescribe

9. Not represent establishments of which he is a member- An advocate should not appear

in or before any judicial authority, for or against any establishment if he is a member of

the management of the establishment. This rule does not apply to a member appearing

as “amicus curiae” or without a fee on behalf of the Bar Council, Incorporated Law

Society, or a Bar Association.

10. Not appear in matters of pecuniary interest- An advocate should not act or plead in any

matter in which he has financial interests. For instance, he should not act in a

bankruptcy petition when he is also a creditor of the bankrupt. He should also not accept

a brief from a company of which he is a director.

11. Not stand as surety for client- An advocate should not stand as a surety or certify the

soundness of a surety that his client requires for the purpose of any legal proceedings.

55
 CHAPTER -4

CASE DAIRY

TABLE OF CASES

S. No. Case No. Name of the case Page

No.
1 382/2005 MANOJ KUMAR TYAGI VERSUS 55-57
DHARMA OIL COMPANY

2. 486 / 2016 MONIKA VERSUS SHAILESH 58-60

3. 26/2017 MADUSUDHAN VERSUS VANDANA 59-60

4. 177/2017 PAWAN KUMAR TYAGI VERSUS 61-62

CHOLAMANJDALAM INVESTMENT &
FINANCE

56
 IN THE HON’BLE COURT OF DISTRICT & SESSIONS JUDGE, DWARKA
COURT NEW DELHI
Revision Petition No.:- …........2024

In The Matter Of :

Sh. Manoj Kumar Tyagi ...Petitioners

Versus

M/s Dharma Oil Company through

Its proprietor Sh. Vinod Sharma Kumar ... Respondent

NDOH: 26.11.2024
PDOH: 02.07.2024
STAGE: Final Arguments

REVISION PETITION UNDER SECTION 438 OF BNSS. AGAINST THE ORDER

DATED 03.08.2023 PASSED BY SH. SAHIL GUPTA, MM, DWARKA COURTS, NEW
DELHI TITLED AS DHARAM OIL COMPANY THROUGH ITS PROPRIETOR SH.
VINOD SHARMA VS SH. MANOJ KUMAR TYAGI UNDER SECTION 138 NI ACT IN
CASE NO.6989/2022.

MOST RESPECTFULLY SHOWETH:-

1. That the Petitioner is resident of VPO Dharampur, Distt- Gurgaon, Haryana, and
a law abiding citizen of India and one of the alleged Accused in case bearing No.
NI ACT 6989/2022, titles as Dharam Oil Company through its Properietor Sh.
Vinod Sharma vs Sh. Manoj Kumar Tyagi which is pending before the Hon’ble
Court of Sh. Shiv Kumar, MM, Dwarka Court New Delhi.

2. That the petitioner, along with Rakesh Tyagi and Vinod Sharma, started a MCD
parking Business and collectively owned Amit Kaushik a total of 20 Lakhs. The
petitioner’s share of Rs. 7 Lakhs was paid in cash to Amit Kaushik.

3. That Rakesh Tyagi, unable to arrange his share of the money, requested
Respondent (Vinod Sharma) to pay his portion on his behalf. Respondent (Vinod
Sharma) agreed but demanded security in return. Rakesh Tyagi then requested to

57
 petitioner/accused to provide a cheque as security. Initially, petitioner refused, but
Rakesh Tyagi mentioned he had run out of cheques. Given the good faith between
Rakesh Tyagi and petitioner. Petitioner provide his (cheque No. 896488 of Punjab
National Bank) as security on Rakesh's behalf to Respondent (Vinod Sharma).

4. That sometime later, Respondent (Vinod Sharma) approached to petitioner and

mentioned that his daughter’s wedding was approaching and asked him for Rs. 8
Lakhs in exchange for returning the cheque, the cheque that petitioner had given as
security on Rakesh’s behalf. Because of good faith between both, petitioner paid to
Respondent (Vinod Sharma) Rs. 8 Lakhs in cash (first Rs. 3.5 Lakhs and later
Rs.4.5 Lakhs). Respondent (Vinod Sharma) neither returned petitioner’s signed
cheque nor returned money. Instead Respondent (Vinod Sharma) deliberately
presented the cheque for encashment, causing it to bounce and subsequently filed a
case against me under section 138 of the NI Act. Respondent (Vinod Sharma)
misused this security cheque and Respondent (Vinod Sharma) without any prior
intimation, presented the security cheque petitioner had given Respondent (Vinod
Sharma) to the bank for encashment.

5. That on 11.01.2023, notice under Section 251 Cr.P.C. was framed against the
petitioner/accused, and since then opportunities were granted to the
petitioner/accused to move an application under Section 145(2) of the NI Act for
cross-examination of the complainant. However, due to lack of knowledge about
the court proceedings and due to non-appearance and no-cooperation of his
previous counsel, was unable to ensure the cross-examination of the complainant,
the petitioner/accused could not file the application within the stipulated time.

6. That the Ld. Trial Court, vide order dated 03.08.2024, has closed right of the
petitioner/accused to cross-examine the complainant. The said order is unjust,
harsh, and detrimental to the petitioner’s right to a fair trial.

7. That the petitioner is aggrieved by the order dated 03.08.2023, and submits that the
said order is liable to be set aside on the following grounds:-
58
 That the Ld. Trial Court has failed to considered the genuine difficulties
faced by the petitioner in moving the application U/S 145(2) of the NI Act.

 The closure of the petitioner’s right to cross-examine the complainant id in

violation of the principles of natural justice and has caused severe
prejudice to the petitioner’s defense.

 The petitioner has a strong case on merits and should be given a fair
opportunity to present his defense, including the right to cross-examine the
complainant.

 That in the case in hand, the presumption is in favour of the complainant &
presumption can only be rebutted by testing the testimony of complainant
which can’t be done without cross examination.

 That the party should not suffer the ignorance at the advocate & so an
opportunity should be given.

IN THE HON'BLE COURT OF SHILPI M JAIN, ASCJ,

59
 DWARKA COURTS, NEW DELHI.
Civil Suit No._________2023.
In The Matter Of :
Smt. Monika …….. Plaintiff
Versus

Sh. Shailesh Vats & Ors. ……. Defendants

PDOH :-27.07.2023
NDOH :-12.10.2023
CASE STAGE :- DE (Defendant Evidence)
Nature Of Case :- Civil

SUIT FOR DECLARATION OF JUDGMENT & DECREE PASSED BY

HON'BLE COURT OF SH. AJAY KUMAR MALIK, SR. CIVIL JUDGE
DWARKA, IN CIVIL SUIT BEARING NO.CS SCJ 874/2017 AS NULL & VOID
BEING TAKEN BY PLAYING FRAUD WITH THE COURT AND IN
COLLUSION.

Most Respectfully Showeth:

1. That the Plaintiff is the wife of the Defendant No.1 Namely Shailesh Vats s/o Late
Sh. Ramesh Kumar R/O Village Jhatikra and after the wedding resided with the
defendant No.1 at the House situated inside the Village Jhatikara & also at House
bearing Plot No.117/4 of Village Jhatikara (hereinafter Plot No.117/4 of Village
Jhatikara be mentioned as the suit property).

2. That Father in Law of the Plaintiff namely Sh. Ramesh Kumar during his life did
two marriage First marriage with the defendant no.4, out of this wedlock having a
daughter namely Jyoti (Defendant No.7) and Second marriage with Smt. Saroj
(since deceased) out of second marriage having the defendant no.1 to 3 , 5 & 6.
Further the defendant No.2 & 3 are the brother in Law of the plaintiff and
defendant No.4 is Step Mother In Law of the plaintiff & defendant no.5 to 7 are

60
 the Sister in Law of the plaintiff and the defendant No.8 is the grandson of Late
Sh. Chander Bhan and Karta of the family of Late Sh. Jagannath Sharma who is
step brother of Ramesh Kumar.

3. That after the death of Sh. Chander Bhan the suit property was possessed by his
male legal heirs i.e., sons namely Sh. Jagannath, Sh. Ramesh Kumar & Prem
Sukh (defendant no.9) and all are having the equal share in the suit property and
male legal heirs of the Chander Bhan were/are in exclusive possession of their
respective shares in the suit property after the death of Sh. Chander Bhan.

4. That the suit property bearing Plot No.117/4 situated in the New Lal Dora Of
Village Jhatikra, is the ancestral co-owned & Co-possessed property of Late Sh.
Jagannath, Late Sh. Ramesh Kumar & Premsukh all S/O Late Sh. Chander Bhan.
Further out of share of Late Sh. Ramesh Kumar some portion is in the possession
of the plaintiff where the stridhan was/is kept by her.

5. That after the marriage of the plaintiff, the plaintiff was also resided with
defendant no.1 in the suit property in the portion of share came to her father in
Law Sh. Ramesh Kumar but the defendant No.1 to 6 harassed the plaintiff and
committed criminal offences against which the complaint was lodged by the
plaintiff.

6. That the plaintiff is having the statutory right to reside in the suit property in
which her husband also having the right but to exclude with this statutory right the
defendant No.1 to 7 conspire and in collusion with the defendant No.9 to 11
mislead the court and conceal the material facts from the court that the plaintiff
was/is also in possession of the suit property with the other legal heirs of late Sh.
Chander Bhan & more particularly the defendant No.1 is the son of the Sh.
Ramesh Kumar but after the death of Sh. Ramesh Kumar, the defendant No.1 who
is husband of plaintiff was not joined as Legal Heir and so played fraud with the
court. Further the material facts were suppressed from the court and necessary
parties were not joined in the suit and so committed the fraud with the court and
not come to the court with the clean hand.
61
7. That further the father in law namely Late Sh. Ramesh Kumar also gave some
share to Smt. Santosh who is first wife of Late Sh. Ramesh Kumar (herein the
defendant no.4) before his death and One portion of constructed house of the suit
property to the plaintiff, to reside where the Stridhan was/is kept by the plaintiff.
Further the other portion was in the possession of the other legal heirs of Late Sh.
Chander Bhan.

8. That the defendant No.9 and the father in law of the plaintiff filed a case bearing
No.CS SCJ/874/2017 against the defendant No.10 & Ors whereby after the death
of Sh. Ramesh Kumar, the legal heirs were joined by filing the application but the
defendant No.1, defendant No.4 & Defendant No.7 and other defendants were not
joined as the legal heirs and concealed the material facts from the court and the
decree passed by the Hon'ble court is taken by playing fraud and concealing the
material fact of necessary parties and legal heirs.

9. That the concealment of the material facts in the case bearing No.CS
SCJ/874/2017 was with ill intention of the defendant No.2, 3, 9, 10 & 11 to
provide the undue and unlawful gain to the defendant No.2, 3 & 9.

10. That the willful concealment of the necessary parties from the case bearing No.
CS-SCJ/874/2017 of the plaintiff of that case was to exclude the rights of all other
legal heirs of late Sh. Chander Bhan from the suit property. The family tree of
Late Sh. Chander bhan is annexed here as Annexure P-1.

62
63
 IN THE COURT OF SENIOR CIVIL JUDGE,
DWARKA COURTS, NEW DELHI.
Civil Suit No._____2022.

In The Matter Of :

Madhusudan Singh ...Plaintiff

Versus
Vandana ...Defendant

PDOH : 07.05.2024
NDOH : 12.12.2024
STAGE : ARGUMENTS

SUIT FOR PARMANENT AND MANDATORY INJUNCTION

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff , aged about 52 yrs, is a Pease loving and law- abiding
citizen of India, having faith in the process of the law of the land.
2. That the defendant no 1 own a plot adjacent to plaintiffs house and both
these defendants have been doing illegal construction without any
sanctioned planed/ permission for the last few months. Further, they are
also doing encroachment of the area to which they do not have a title;
the photos of illegal construction / encroachment are annexed herewith
as ANNEXURE-A.
3. That on 22/04/2022 the elder son of the plaintiff filed a complaint with
the ,Executive Engineer (Bldg), west zone SDMC, Shivaji enclave, new
delhi-110027, informing about the illegal construction / encroachment
on the plot of the defendant no. 1 & 2 and also made several calls to
MCD’s complaint number reporting illegal construction as well as
encroachment, but no action has ever been taken by the concerned
authorities; the acknowledge complaint is annexed herewith as
ANNEXURE –B.
4. That on 27/04/2022, the plaintiff submitted a complaint with SHO PS,
Mohan Garden district Dwarka and mentioned explicitly that defendant
64
 no 1 and defendant no 2 have been threatening us for dire consequence
due to the above complaint to SDMC, a copy of the complaint to SHO
is annexed herewith as ANNEXURE- C.
5. That neither the MCD nor the police took any action to stop the illegal
construction or to demolish the encroachment that defendant no 1 and
defendant no 2 have been carrying out for the few months.
6. That after our complaint about their wrongdoing and threats to
concerned authorities, defendant no. 1 & 2 got very upset and started
threatening the plaintiff and her family for dire consequences.
7. That on 20/05/2022, the likely threats become a reality when defendant
no.1 and defendant no 2 and others trespassed on our roof, created
obstacles in plaintiff repair work and assaulted their family. That the
first PCR call was made by plaintiff become almost unconscious and
was immediately brought to the hospital by her elder son; copies of her
medical reports are annexed herewith as ANNEXURE- D (Colly). That
defendants no.1 and defendant no. 2 with the collusion of the local
police, lodged a false FIR against the plaintiffs sons to build pressure
on the plaintiff and her family to keep silent on the work of illegal
construction/ enrichment, obstruction and endangering the public safety
etc.
8. That on 22/05/2022, the plaintiff filed the complaint with SHO, mohan
garden, about the above incident; a copy is annexed herewith as
ANNEXURE –E. That this incident could have been avoided if the
authorities would have done their work in the interest of justice.
9. That on 20/07/2022, the plaintiff filed a complaint with commissioner
of police Delhi, addl. CP/Joint Commissioner of police, DCP/south
west Distt. and SHO PS Mohan Garden but no action has yet been
taken by anyone; a copy of complaint is annexed herewith as
ANNEXURE-F (Colly).

65
10.That defendant no 1 and defendant no 2 are not only doing illegal
construction with sanctioned plan/ permission but also encroaching
public property without any right, title on it. That they are also
obstructing the public roads with construction materials in an unsafe
way and are working in a very negligent manner which is not only
damaging the plaintiffs property but also causing danger to people
living in the building in the vicinity and passerby.
11.That this illegal construction/ encroachment on the plot of defendant no
1 & 2 is being done with the knowledge with defendant no 3 & 4.
12.That the defendant no 3 is Municipal Corporation Delhi and Defendant
No. 4 is the Police. That this illegal construction, encroachment,
obstruction of public places and safety hazard to the building in the
vicinity and danger to the passerby have been carrying on with the
collusion of concerned officers of defendant no 3 & 4 for last few
months.
13.That the defendant no 3 & 4 have willfully neglected to take any action
against the defendants no 1 & 2, despite having knowledge that the
defendant no 1 & 2 are rising illegal construction, encroachment area,
causing safety danger to other building and endangering the passerby,
including that of plaintiff because she lives in the adjacent house.

66
 IN THE COURT OF THE DISTRICT & SESSION JUDGE,
DWARKA COURTS, NEW DELHI.
C.S. NO._______ OF 2023.

IN THE MATTER OF:

Sh.Pawan Kumar Tyagi ...Plaintiff

Versus

Cholamandalam Investment &Finance Co. & Ors. ...Defendants

SUIT FOR DAMAGES AND COMPENSATION.

MOST RESPECTFULLY SHOWETH:

1. That plaintiff had obtained loan against his property from defendant
no.1in the year 2014-15 and regularly paid monthly installments up-to
December 2022. Installment for the month of January 2023 was lapsed
due to financial problem. It was for the utter surprise of plaintiff that
on 27/01/2023 defendant no.3&4 came to the house of plaintiff and in
the presence of the neighbors and people of locality started humiliating
plaintiff by bad words, the people gathered at the spot objected for the
same both the culprits started extending threats of dire consequences
to kill him and his family members for which all the people strongly
objected and stated to call the police on which both the culprits ran
away. The CCTV footage is attached.

2. That on 28.01.2023 again plaintiff receive call on his mobile

no.9821026401 from mobile no.9810687980 of defendant no.2 who
also started allegations on plaintiff and took the defendant no.3 on
conference call who started humiliating and extending threats to
plaintiff. Plaintiff recorded the conversation in his mobile.

67
 3. That the above circumstances makes its crystal clear that the accused
persons has violated the guidelines issued by the Hon’ble Supreme
Court of India in cases of loan . The accused persons adopted illegal
means and force to recover the amount of installment. The accused
persons humiliated plaintiff and ruined his reputation and dignity in
the society thus the culprits have committed various offences
punishable under the IPC. The above defendant’s no. 2 to 4 are
employees of defendant no.1 working for company to recover the
amount hence defendant no.1is also equally liable for the defamation.

4. That plaintiff is well reputed person in the village, residential locality,

relatives and the surrounding villages. Due to your acts and deeds
plaintiff has suffered not only monetary loss, mental pain and agony
but also lost and got damaged his respect and reputation not only in
the colony but also in the surrounding villages and relatives.

5. That you the defendant on.1 with mala fide intention to lower the
reputation of plaintiff in the neighborhood and locality send the
defendant no.3 and 4 on the instance of defendant no.2 only on default
of one installment of Rs. 26,538/- who humiliated plaintiff not only in
presence of neighborer but the other people of locality and stated that
“jab teri aukad nahi thi paise dene ki to loan kyon liya tha” knowing
fully well that plaintiff is regularly paid the monthly installments till
December 2022 and there is no default in single installment.

6. That from the above mentioned your defamatory acts plaintiff has
suffered irreparable loss and injury to his reputation and respect in the
society besides suffering of mental as well as physical plain & agony.
Further this malicious act of the You caused inconvenience and loss of
reputation of plaintiff and therefore plaintiff is entitle to claim
compensation and damages from the you and viz.-a-viz. you all are
68
 liable to pay Rs.5,00,000/- (Rupees Five Lacs only) to plaintiff as
compensation towards suffering of mental as well as physical pain and
agony and Rs. 50,00,000/- (Rupees Fifty Lacs only) towards damages
to the loss of respect and reputation in the society.

7. That the Plaintiff got sent and served a Legal Notice dated 14-02-2023
to the Defendants thereby calling the Defendants to pay the aforesaid
amount but despite service of Legal Notice the Defendants neither
replied the Notice nor paid the amount, hence this suit.

69
 CHAPTER 5

LEARNING SUMMARY

5.1 ACHIEVEMENTS DURING THE INTERNSHIP

1. During the tenure of internship at Motor Accident Claims Tribunal,

Gorakhpur which was based on offline mode of internship, I got the opportunity to
learn many things that I learnt through this learning and training method. One main
thing that I got to know that online mode of working helps us to develop our
researching skills and the art of drafting skills gets more improved.

2. By doing internship in this way I got opportunity to a work on various

legal topics and to find detailed information regarding the daily research work
given.

3. During the internship I got my skills enhanced on various case commentaries

drafting and making analysis of that and learnt the procedure about how case is filled
and presented in the court.

4. In this tenure I made some articles based on legal subjects and got
the opportunity to present that before my guide for better evaluation and
grading.

5. Through online mode of internship not only I worked whole time in

drafting and submission but got the opportunity to take part in regular discussion

6. Also from a daily routine of going to court library during the period
of internship a new exposure of learning various subjects was experienced.

7. This exposure to diversity in nature, behaviour and perception helps you

grow as a person. Also, when you discuss with other interns it will help you to gain the
knowledge as well as get the chance to share your knowledge with them.

8. Help you learn time-management as there is a prevalence of a controlled and

stable environment. All these things combined help you understand in which way does
your coursework is preparing you for.

9. Spending time with fellow interns helped in building new relationships.

“These people may be your competition right now, but they’re going to be your industry
peers one day,” says Badawi. “By befriending them now, you may be able to lean on
them as your career develops.”
70
 5.2 ETHICAL ISSUES OBSERVED IN REGULAR COURT PROCEEDINGS:

The judge not only represents the ultimate authority in the court, but also the law.
Therefore, when a person addresses the court, the judge is the main focal point.

Lawyers, clients, witnesses, and jurors must observe courteous and orderly behaviour.
Some of the basic courtroom etiquette rules require people to be on time; be polite to
the judge, opposing counsel, and court staff; and dress appropriately.

Other etiquette rules include asking permission to approach a witness and remaining
courteous when disagreeing with the judge’s ruling on an objection or motion.
“Litigants should address the court as ‘your honour,’ and respond to any ‘yes,’ or ‘no’
questions with a sir or ma’am following the response,” Dearing says. “Often, if the
judge has particular requirements of the litigants, for example no cell phone in the
courtroom, the signs will be posted when you come through security.”

Many etiquette mistakes involve talking, dress, presentation, and electronic devices
being used in court. “In terms of litigants before the court, I always tell my clients to tell
the truth if asked a question; be early; get a haircut if necessary; wear nice clothes – a
collared shirt for men and they must tuck in their shirt and wear a belt,” Dearing says.

Good manners and proper courtroom etiquette may determine whether a party will win
or lose a case. The judge, and other courtroom formalities, can be intimidating.

Court proceedings are serious matters that offer the opportunity for justice to be carried
out fairly. Because of this, the protocols that are used in the courtroom focus on the
importance of what is taking place

ETHICAL ISSUES OBSERVED IN ONLINE INTERNSHIP:

1. Wear clothing that would be appropriate when you are asked to present
some work via videoconferencing.

2. Arrive on time and join the session as soon as possible to avoid any technical issues.

3. Turn off electronic devices and other cell phones in your room before entering the
learning session during online or offline briefing.

1. Be polite to the lawyer or to your senior, opposing counsel, and court staff.

2. Greet when the session starts and thank the coordinator for arranging a
all things before leaving the internship session.

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3. Raise your hand when you want to speak, making or meeting an objection, or
questioning atopic or subject of discussion.

4. Do not interrupt others while they are talking.

5. Refer to the seniors as “Mam/Sir.”

6. Direct all concerns and re marks to the coordinators and not opposing the
other members.

5.3 SUGESSTIONS

1. The coordinator is also responsible for answering questions, resolving issues,

and offering one-on-one support. In some cases, they may even act as a mentor who
utilizes their personal experience and skills to enrich the online training experience.

2. Weekly webinars give interns, managers, and coordinators a chance to touch

bases. They can discuss the virtual intern's progress and create a plan to help them
improve. If you're working with a group of virtual interns, these webinars allow them
to interact with each other and share online training experiences.

These webinars also provide helpful tips that they can use on the job.

3. To make them even more interactive and engaging, invite virtual interns to
host an online training event. Assign topics and tasks and ask them to create an online
presentation. Define expectations in advance so they know what to include and give
them plenty of time to prep.

4. Conduct online pre-assessments, surveys, and interviews to find out how

much they know and how well they know it. This also allows you to place them in the
right position and department. For example, a virtual intern with tech experience may
be ideally suited for your IT troubleshooting team.

5. They should have the opportunity to set their own objectives and
supplemental online training activities. In fact, you might consider setting up a
"moment of need" repository where they can get the information they require. For
example, microlearning simulations or online tutorials to help them complete a task.

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6. Virtual interns need ongoing online support and feedback so that they can
continually improve. They have chosen to participate because they wanted real world
experience and insider knowledge. As such, you must be able to provide them with
one- on-one guidance and help them identify strengths and weaknesses.

7. Turn every mistake into a learning opportunity and give them the tools they
need to expand their knowledge. This may be in the form of peer-based feedback,
manager evaluations, or online self-assessments that identify areas for improvement

CONSLUSION:

Participating in an internship allows a student to think out of the box. It gives us

briefing about where we are standing right now personally, I would like to tell that

practical is much more different than the theory which we use to read in the books. I

thought that I am knowing very much about my filed but when I read the case file for

the first time it was totally different from the theoretical books the law which we use to

read in the books is the primary information it means a lot it is being learned in the

internship

It was a great experience working in practical environment and to explore the Indian

legal system and practically applying my knowledge. My utmost achievement during

this internship program was getting opportunity to learning the legal procedure and its

implementation.

I would like to thank Mr. Naveen Tyagi (Adocate) for teaching me and clearing my

doubts and queries and I would like to thank my college and my faculties to give this

opportunity to me.

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 REFERENCE

1. Books: -
a. M. Laxmikanth, Indian Polity, (McGraw Hill Education Series, 4th Edition)

b. P.M. Bakshi, Constitution of India, (Universal Law Publishing, 14th Edition)

c. M.P. Jain, Outlines of Indian Legal History (6 ed., LexisNexis Butterworths, 2009)
d. M.P. Singh, V. N. Shukla's, Constitution of India (Eastern Book Company. Lucknow,
2012).

2. Statute: -
a. The Constitution of India
b. The Code of Civil Procedure, 1908
c. The Indian Penal Code, 1860
d. The Indian Evidence Act, 1872
e. The Code of Criminal Procedure, 1973
f. The Motor Vehicles Act, 1988

3. Websites: -
a. https://www.lawyersclubindia.com/articles/Evolution-of-Law-A-short-History-of-Indian-
Legal-Theory--3739.asp
b. https://www.allahabadhighcourt.in/event/TheIndianJudicialSystem_SSDhavan.html

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 ANNEXURES

1. MANOJ KUMAR TYAGI VS M/S DHARIMA OIL

COMPANY

Manoj Kumar Tyagi vs. M/s Dharima Oil Company CR no. 2237/2024 16.10.2024
Fresh revision petition received on assignment. It be checked and registered.
Present: Mr. V. K. Sharma, Ld. Counsel for the revisionist.
This revision petition has been preferred against the order dated 03.08.2023, passed
by the court of Sh. Sahil Gupta, Ld. MM (NI Act-Digital Court-01), whereby the
right of the accused/revisionist to cross-examine the complainant was closed. Along
with the revision petition, an application seeking condonation of delay of about 437
days has been filed. Issue notice of the revision petition as well as the application for
condonation of the delay, to the respondent on filing of PF and RC, by all permissible
modes, returnable on 12.11.2024. Steps be taken within two working days.
Trial Court record be called for the next date of hearing.
(SHARAD GUPTA) ASJ (FTC)
South-West District Dwarka Courts
New Delhi
16.10.2024

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 2. MONIKA Vs SHAILESH VATS AND ORS HEENA
RANI

CS SCJ 1422/23 MONIKA Vs SHAILESH VATS AND ORS HEENA

RANI 24.10.2024
Present: Plaintiff in person. Sh. Nagender Singh, Ld. Proxy counsel for
defendant no. 1. Sh. Joginder Singh Sehrawat, Ld. Counsel for defendant no.
2, 3, 5, 6, and 8. Sh. Arun Chhachhar, Ld. Counsel for defendant no. 9. Sh.
Vikram Singh Girsa, Ld. Counsel for defendant no. 10. Put up for
clarifications, if any /order on application under order 7 rule 11 CPC on
23.11.2024.
(Chitranshi Arora) Civil Judge-03
SW/ Dwarka
Delhi 24.10.2024

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 3. VANDANA DEVI Vs. MADHUSUDAN SINGH

20 CS SCJ971/22 VANDANA DEVI Vs MADHUSUDAN SINGH @ M.S.SINGH

AND ORS 11.07.2024
Present: Sh Vishal Khadia, Ld counsel for plaintiff. Sh V.K. Sharma, Ld counsel for
D-1. Sh B.K. Jha, Ld counsel for D-2/MCD with JLO Sh Ashwani Kumar. Reply to
application u/o 22 Rule 4 CPC filed on behalf of plaintiff. Copy supplied. It is
submitted on behalf of plaintiff that he has no objection, if the application filed on
behalf of LR of D-1 stands allowed. In view of no objection given by ld counsel for
plaintiff. Application u/o 22 Rule 4 CPC is hereby allowed. Plaintiff is directed to file
amended memo of parties with advance copy to opposite within 7 days from today.
Matter is adjourned for PE. It be re-listed on 19.12.2024.
(Ajay Kumar Malik) ASCJ cum JSCC cum
Guardian Judge Dwarka Courts
New Delhi 11.07.202

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 4. PAWAN KUMAR TYAGI Vs. CHOLAMANDALAM
INVESTMENT AND FINANCE CO. LTD

Ct. Cases 288/2023 PAWAN KUMAR TYAGI Vs CHOLAMANDALAM

INVESTMENT AND FINANCE CO. LTD. AND ORS. PS (Nazafgarh) 29.07.2024
Present: Sh. Naresh Dagar, Ld. Counsel for complainant with complainant.
Matter is at the stage of PSE. Complainant examined and discharged as CW-1. Put
up for remaining PSE/further proceedings on 04.11.2024.
(RAJAT GOYAL) CJM (SW)
DWARKA COURT
29.07.2024

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