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Trial Court Internship

The document provides details about the author's internship experience at various trial courts in Ahmedabad, India over the course of one week. It includes daily reports describing activities like learning about the court hierarchy, observing cases, discussing advocacy objectives, and the process for filing civil suits. The internship aimed to provide practical experience of the legal system to supplement the author's academic studies.

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0% found this document useful (0 votes)
347 views16 pages

Trial Court Internship

The document provides details about the author's internship experience at various trial courts in Ahmedabad, India over the course of one week. It includes daily reports describing activities like learning about the court hierarchy, observing cases, discussing advocacy objectives, and the process for filing civil suits. The internship aimed to provide practical experience of the legal system to supplement the author's academic studies.

Uploaded by

Mihir Pawar
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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You are on page 1/ 16

THE MAHARAJA SAYAJIRAO UNIVERSITY OF BARODA

FACULTY OF LAW

Trial Court Internship Report

Name :- Mihir Pawar


Course :- LLB
Year :- 2nd Year
PRN No :- 8021034395
Acknowledgement

I would like to take opportunity to express my deepest gratitude to everyone who has
contributed and helped me throughout my internship journey. Firstly, I would like to thank
the Honourable Judge for allowing me to observe court proceedings and gain first-hand
experience of the legal system.
I would also like to thank my university for providing me with the opportunity to intern at the
trial court. It has been a tremendous learning experience and has given me valuable insights
into the legal system, which will be invaluable as I continue my legal studies.
My sincere thanks to the advocate Keyur S Thakar who provided me with valuable insights
into the practice of law and allowed me to assist him in his cases. His willingness to share his
knowledge and expertise has greatly enriched my understanding of legal profession.
Lastly, I would like to thank my family and friends for their unwavering support and
encouragement. Their support has been a source of inspiration for me to continue pursuing
my passion for law.
Once again, thank you to everyone who has contributed to my internship experience. It has
been an enriching and rewarding experience that I will always cherish.

5
Information about Trial Courts

A trial court, also known as a court of first instance or court of original jurisdiction, is a court
where legal cases are heard and decided for the first time. The trial court is responsible for
hearing both civil and criminal cases, and its decisions may be appealed to a higher court.
In a trial court, a judge presides over the case and determines the facts of the case and applies
the law to those facts to render a decision. The judge is responsible for making sure that the
trial is conducted fairly and that both sides have the opportunity to their case.
In a criminal trial, the prosecution presents evidence to prove that the defendant committed
the crime they are charged with, and the defense presents evidence to challenge the
prosecution’s case. In a civil trial, the plaintiff presents evidence to prove their claim against
the defendant, and the defendant presents evidence to defence against the plaintiff’s claim.
Once the trial is complete, the judge will render a decision, which may include a verdict in a
criminal case or a judgement in a civil case. If the decision is not appealed, it becomes final
and binding on the parties involved. If the decision is appealed, it is reviewed by a higher
court, which may affirm, reverse, or modify the decision of the trial court.

6
Declaration

I, Mihir Pawar, hereby declare that the presented report of internship is uniquely prepared
by me after working as an intern for a period of 28 days under Advocate Keyur S. Thakar,
Trial Court (Metropolitan Magistrate Court of Ahmedabad, City Civil Court of Ahmedabad,
District and Session Court of Rural Ahmedabad, Family Court of Ahmedabad)

I, also confirm that the report has been prepared only for my academic requirement and not
for any other purpose.

Mihir Pawar
L.L.B
2nd Year

7
Objectives of Advocate

The objectives of trial court advocates can vary depending on the specific case and the goals
of the advocate, but some common objectives include:
1. Representing clients: The primary objective of a trial court advocate is to
represent their clients effectively. This includes advocating for their clients' legal rights
and interests, preparing and presenting arguments and evidence, and negotiating on
their behalf.
2. Providing legal advice and guidance: Trial court advocates may also provide
legal advice and guidance to their clients, helping them understand their legal options
and the potential outcomes of their case.
3. Preparing and presenting cases: Trial court advocates are responsible for
preparing their cases, including conducting legal research, gathering evidence, and
drafting legal documents such as pleadings and briefs. They must also present their
cases in court, making arguments and presenting evidence to the judge or jury.
4. Building relationships with clients: Trial court advocates must build strong
relationships with their clients to effectively represent them. This includes establishing
trust, maintaining open communication, and ensuring that their clients understand the
legal process and the progress of their case.
5. Upholding ethical and professional standards: Trial court advocates are
expected to uphold ethical and professional standards in their practice, including
maintaining confidentiality, avoiding conflicts of interest, and behaving with
professionalism and integrity at all times.
Overall, the objective of a trial court advocate is to provide competent and effective
representation to their clients, while upholding the principles of justice and fairness in the
legal system.

8
Day Wise Report
Day 1 -: [1/12/2022]
I was nervous and anxious about my first internship experience with advocate. It started with
a formal introduction with colleagues. Then we further moved to the discussion of what
would I be learning in upcoming days. Then I was taught hierarchy of courts and division of
courts between civil and criminal cases. I also learned about forums, tribunals and special
types of courts and their appellate authority.
Day 2 -: [2/12/2022]
Today I learnt about types of cases filed in court and the abbreviations used for the same and
today I also got to know about sir (Advocate Keyur S Thakar) while interacting with him and
got familiar with his history in law profession. We also discussed about his specialization and
why he chose law as a profession. I got a brief idea about the working terminologies used by
him regularly in the courts and in office.
Day 3 -: [3/12/2022]
Today I read cases of sir which were done by him previously in the trial courts of
Ahmedabad. There were so many files in the office, I selected from the middle section a
bunch of files and read them. It was very difficult to understand as it was first time for me to
study a real file of a client. The cases were of disposed off status. It was difficult for me to
understand and for the same I cleared my doubts from the sir himself about legal terms used
in the case file.
Day 4 -: [4/12/2022]
Holiday due to Sunday.
Day 5 -: [5/12/2022]
Today I learnt about provisions of article 226 and 227 of the Indian Constitution and that
were to be read by us thoroughly to mention the difference between these two. We learned
that in petitions under article 226 High Courts exercise their original jurisdiction and in
petitions under article 227, High Court exercise their supervisory jurisdiction.
Day 6 -: [6/12/2022]
Today I learnt about the procedure of filing suit in trial courts.The procedure of filing suit is
as follows-:
Draft the plaint
Determine the Jurisdiction
Vakalatnama
Pay Court Fees
File the Plaint
Serve Notice
Written Statement
Evidence
Final Argument
Judgement
Explanation of the above terms -:
 Draft the plaint: The first step is to prepare the plaint, which is a written statement of
the facts and legal grounds of the case. The plaint must include the names and
addresses of the parties involved and the relief sought.
 Determine jurisdiction: The next step is to determine which trial court has
jurisdiction over the case. This will depend on factors such as the nature of the case
and the location of the parties.
 Pay court fees: The plaintiff must pay the appropriate court fees for filing the suit.
The amount of court fees will depend on the nature of the case and the amount of the
claim.
 File the plaint: The plaintiff must file the plaint with the appropriate trial court along
with the court fees and any supporting documents.
 Serve notice: After the plaint is filed, the plaintiff must serve notice to the
defendant(s) informing them of the case and the relief sought.
 Written statement: The defendant(s) must file a written statement in response to the
plaint within a specified period of time.
 Evidence: Both parties will have the opportunity to present evidence in support of
their case, such as witness testimony, documents, and other exhibits.
 Final arguments: After the evidence is presented, both parties will have the
opportunity to make final arguments to the court.
 Judgment: The court will then issue a judgment, which will include its findings of fact
and conclusions of law, as well as any relief granted to the plaintiff.
It is important to note that the procedure for filing a suit in the trial courts in Ahmedabad may
vary depending on the specific court and the nature of the case. It is recommended to seek the
advice of a qualified attorney for guidance on the specific procedures and requirements for
your case.
Day 7 -: [7/12/2022]
Today I learnt about Vakalatnama.
A vakalatnama is a legal document that gives an advocate or lawyer the authority to represent
a client in court or before any judicial or quasi-judicial authority. It is a written authorization
that establishes the relationship between the client and the lawyer and empowers the lawyer
to act on behalf of the client.
The word "vakalat" means "power of attorney" in Hindi, and the vakalatnama is commonly
used in India and other countries with legal systems influenced by British common law.
The vakalatnama typically includes the following information:
o The names and addresses of the client and the lawyer.
o The name of the court or authority where the case is being heard.
o The nature of the case and the relief sought.
o The date and signature of the client.
o The date and signature of the lawyer.
o The stamp duty paid, if any.
The vakalatnama must be signed by the client in the presence of two witnesses, and the
lawyer must also sign the document to acknowledge that they accept the authority to
represent the client. The document is then filed with the court or authority where the case is
being heard, and it remains valid until it is revoked by the client or the lawyer or until the
case is concluded.
Day 8 -: [8/12/2022]
Our day started with reading and discussing new as well as old cases. Then I read a file of
civil case. It was a good case in which judge ordered in favor of sir and client got relief very
quickly.
[9/12/2022 To [15/12/2022]
On leave due to university exams.
Day 9 -: [16/12/2022]
I had the opportunity to interact with some of the lawyers practicing in the court. I observed
how they prepared their cases and how they interacted with their clients. I also had the
opportunity to speak with some of the court staff and learn about the administrative functions
of the court.
Day 10 -: [17/12/2022]
Today I was given a task to conduct research on a particular case. I was provided with the
relevant case files and given access to legal databases to find relevant information. I spent the
day reading and analysing the case files and gathering information.
Day 11 -: [18/12/2022]
Holiday due to Sunday.
Day 12 -: [19/12/2022]
I attended a hearing where a witness was being crossed examined. I observed how the lawyer
presented their questions and how the witness responded. I also observed how judge
intervened to ensure that the proceedings were conducted fairly.
Day 13 -: [20/12/2022]
My day started with reading and discussing new as well as old cases as usual. Then I read a
file of civil case. It was a good case in which judge ordered in favor of sir and client got relief
very quickly.
Day 14 -: [21/12/2022]
Uptill now I only used to read the cases but today I came to know about that this cases are
divided into types of cases which I used to read. They are as follows -:
There are a wide variety of cases that can be heard in a trial court, depending on the
jurisdiction and the type of court. Here are some examples of the types of cases that might be
heard in a trial court:
1) Criminal cases: Trial courts hear criminal cases in which the government prosecutes
an individual or entity for violating a criminal law. These cases may involve charges of
theft, assault, drug offenses, and other crimes.
2) Civil cases: Trial courts also hear civil cases, which are disputes between individuals
or entities. These cases may involve contract disputes, personal injury claims, property
disputes, or other civil matters.
3) Family law cases: Trial courts may also hear family law cases, such as divorce, child
custody, and child support cases.
4) Probate cases: Trial courts may hear probate cases, which involve the distribution of a
deceased person's assets and the settling of their debts.
5) Juvenile cases: Trial courts may also hear juvenile cases, which involve minors who
have been accused of committing a crime.
6) Small claims cases: Trial courts may hear small claims cases, which are disputes
involving relatively small amounts of money.
Day 15 -: [22/12/2022]
I accompanied sir to court for a hearing. I observed how the sir presented his arguments and
how the honourable Judge responded. After the hearing, sir explained the legal issues that
had arisen in the case and his strategy moving forward.
Day 16 -: [23/12/2022]
I analysed some famous cases regarding civil matters.
[24/12/2022] to [25/12/2022]
Holiday on account of Christmas.
Day 19 -: [26/12/2022]
I attended a client meeting with sir. I observed how the sir interacted with the client, listened
to their concerns, and provided legal advice. I also had the opportunity to take notes and
assist in preparing the case file.
Day 20 -: [27/12/2022]
I spent the day assisting a colleague in drafting a legal memorandum on a specific legal issue
under the guidance of sir.
Day 21 -: [28/12/2022]
Analysed some cases related to claims
Day 22 -: [29/12/2022]
Today I visited a different court which was family court. It was a wonderful experience for
me to visit that Court as many people were seen there who came for justice.
12
The working pattern was different of that court also it was comparatively very small in size
to that of District Court.
Day 24 -: [30/12/2022]
Draft the plaint: The first step is to prepare the plaint, which is a written statement of the facts and
Today,legal grounds
I read Rightof the
to case. The plaint Act,
Information must include
2005. the
It’snames
an actandwhich
addresses of the parties
provides
citizen access involved
to the
and the relief sought.
to get information from any public authority. It’s a very interesting act which has provided
justice to many people and also helped to get justice quickly and accurately.
Day 25 -: [31/12/2022]
Holiday due last working day of year
Day 26 -: [01/01/2023]
Holiday due to Sunday.
Remaining Days -: [02/01/2023] to [10/01/2023]
This were the last days of my internship. So, there was nothing much for me to do. A general
discussion regarding internship experience, resume, cover letters etc, the staff of the office
gave best wishes to me for the future and even said to remain in contact for future doubts.

13
Case Studies

1. The First case study which I was given was Kesavananda Bharti V/s State of Kerela,
as this is the one of most important landmark judgement given by Supreme Court. And
this judgement also gave birth to concept of Basic Structure of Indian constitution.
 On April 24, 1973, the Kesavananda Bharati v/s State of Kerala case was
decided by the Indian Supreme Court. This landmark case is considered one of
the most important in India’s constitutional history, as it shaped the way that the
Indian Constitution is interpreted. The main petitioner, in this case, was
Kesavananda Bharati, a religious leader, and philosopher who argued that the
Indian Constitution should be interpreted as a static document, rather than a
living one. In this article, important points from the petition are also dealt with.
The petition raised several important points about the nature of India’s
democracy and its relationship with religion.
 The main petitioner, Kesavananda Bharati filed a writ petition challenging the
Kerala Land Reforms Act. The main points of the petition were that the Act
violated the rights of property owners and went against the principles of equality
and justice. The case was heard by a 13-judge bench of the Supreme Court,
which ruled in favor of Kesavananda Bharati. The main points of the ruling were
that the Parliament could not amend the Constitution in a way that would
destroy its basic structure. This ruling has been cited in many subsequent cases
and is considered to be one of the most important judgments in Indian legal
history.
 Issue raised -: Firstly, Is there any constitutional validity of the 24th
Constitutional (Amendment) and the 25th Constitutional (Amendment)?
Secondly, whether the Parliament can amend the constitution or not?
 Judgement –: In this case, it was held by the Supreme Court that the Parliament
has the right to change the provision of the constitution but it shall not change
the basic structure of the Indian constitution. The majority bench held that the
basic structure of the constitution, meaning thereby the true essence of the
constitution, shall be changed by the Parliament under Article 368 of the
constitution of India. Thus, the 24th Amendment Act was completely upheld by
the court and two parts of the 25th Amendment were found ultra and intra-vires.

2. This case study which I did was the case of corporate governance. This was one of the
famous case Tata Consultancy Services Ltd. v. Cyrus Investment Pvt.
Ltd.” dated 26th March, 2021.
 This case was a legal battle between Tata Sons, one of India's largest
conglomerates, and Cyrus Mistry, the former chairman of the company.

14
 Background: Cyrus Mistry was appointed as the chairman of Tata Sons in 2012,
succeeding Ratan Tata. However, in 2016, the Tata Sons board removed Mistry
as chairman, citing a loss of trust and confidence. Mistry challenged his removal
in the National Company Law Tribunal (NCLT), alleging that his removal was
illegal and oppressive.
 Case Details: The case went through several rounds of legal proceedings in
various courts, including the NCLT and the National Company Law Appellate
Tribunal (NCLAT). In December 2019, the NCLAT restored Mistry as the
chairman of Tata Sons and set aside his removal, citing procedural irregularities.
 However, the Tata Sons board challenged the NCLAT's decision in the Supreme
Court of India. In March 2021, the Supreme Court set aside the NCLAT's
decision, upholding Mistry's removal as chairman. The court also dismissed
Mistry's allegations of oppression and mismanagement by the Tata Sons board.
 Outcome: The Tata-Mistry dispute is a significant case in India's corporate
history, as it has highlighted issues related to corporate governance and
shareholder rights. The case has also raised questions about the balance of
power between the board of directors and the shareholders in Indian companies.
 In conclusion, the Tata-Mistry dispute is a complex civil case that has gone
through multiple legal proceedings in various courts in Gujarat and India. The
case has significant implications for corporate governance and shareholder
rights in India and has attracted widespread media attention.

3. Mohd. Parvez Siddiqui V/s Kripa Ram Kushwaha

Police Station : Mirzapur, Ahmedabad


U/s 138 N I Act
Complaint Under Section 200 CrPC read with Section 138 and 142 of N I Act
Facts :
 Kripa Ram Kushwaha Submitted a check in the HDFC Bank, Mohalla Dhnkeenganj,
Ahmedabad
 After some time, it was realized that the check was dishonoured.
 Complainant give a notice to the accused and some reasonable time to pay the debt.
 Accused doesn’t respond to the notice.
 Complainant files a complaint in the Mirzapur Police Station, Ahmedabad under sec
138 of negotiable instrument act 1881.
Issues:
 The money should be given to the complainant and equivalent to the amount that is
filled in the check.
 The money should be given as soon as possible.

15
Judgment:
The case is withdrawn by the complainant because he gets the money equivalent to the
amount in check from the accused.

16
Learning Outcome

Internship is all about practical knowledge, experience and learning. I got all these
experiences throughout my internship. Being my second internship experience, it was an
astounding one for me. I learned about various terminologies, which were all synonyms for
me before coming here. I also learned about hierarchy of courts.
I learned various practical aspects of law. I also learned how to apply law which we study
theoretically in a practical situation. I learned how to distinguish that which type of case is a
specialty of a judge.
I learned about Right to Information Act, 2005 which is a very good act for getting
information from the public authorities. And I also learned many things like court manners,
where to sit in the court, how to greet judges and lawyers.

My internship covered areas and did not confine to any particular topic. I discussed law and
other things exhaustively and shared my views on various other things I came across.

17
Application of learning outcome in academics, daily
life and future profession
What I learned will be used in academics in proceeding years. This internship cleared a lot
of my misconceptions and distinguished various aspects of law.
It changed my view to look upon things and circumstances.
The first and the foremost thing which I got from this internship is the habit of reading
legal news and updates daily which will help me in updating my legal knowledge and
build up my understanding towards law. But I am still not so good in doing case studies
but surely, I am going to work hard on that part too.
I read the formats of different types of documents which will help me in professional
arena. This internship made me realize by interacting with intellectuals, students and other
legal professionals that this field is all about public relation.
It will improve my language which I needed the most and it also gave me guidance to
build good resumes and cover letter which will attract a good legal attribute to me.
Therefore, whatever I learned and experienced here was very relevant, important and
practical. It will help me in my academics as well as my practical life too.

18
Conclusion
I am really thankful to Maharaja Sayajirao University [Faculty of Law] for providing this
PAGE of the
opportunity as this internship provided me with valuable insights into the functioning
INDEX
court system and the legal process. I gained practical knowledge about various aspects
NO of the
legal profession, such as legal research, client communication, and case management. The
ACKNOWLEDGEMENT
experience has enhanced my understanding of the legal system and will be valuable05 as I
continue my legal education
INFORMATION and pursue
ABOUT COURTS a career in law. I am grateful for the opportunity
06 to
have completed this internship and look forward to applying the knowledge and skills I have
DECLARATION
acquired in my future endeavours. 07
OBJECTIVES OF ADVOCATE 08
DAY WISE REPORT 09
CASE STUDIES 14
LEARNING OUTCOME 17
APPLICATION OF LEARNING OUTCOME IN ACADEMICS 18
CONCLUSION 19

19

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