INTERNSHIP REPORT

NAME: WAQAR ALI SHAH

ROLL NO: F17-1437
SEMESTER: 9th
SUBMISSION MONTH: NOVEMBER 2021
EMAIL: waqarshah1411@gmail.com

DEPARTMENT OF LAW
LAHORE LEADS UNIVERSITY
 TO WHOM IT MAY CONCERN
Students in the Bachelor of Law (BA-LLB) program at Lahore Leads University, are
given the possibility to do internships in the end of their 8th and 9 thsemester. This
internship may be conducted in private or public organizations/companies/Law
firms in Lahore or any other City.

Student Name: WAQAR ALI SHAH

Father Name: TAHIR HUSSAIN SHAH
Roll Number: F17-1437
Contact Number: 03105126392

Please find below some general guidelines on the general objectives of such an
internship together with the specific competency objectives.

General objectives:

The content of the internship must relate to legal studies in a broad sense
and be rooted in a specific project dealt with during the period of internship.
The general objective of the internship is to increase the student’s ability to:
• participate and work actively and analytically in Law-related issues at the
place of internship or in Courts.
• use Law-related research terms and contexts in connection with specific
issues at the place of internship.

Specific competency objectives:

At the end of the internship period, the student will have acquired the
following competencies:
• visualize and apply theoretical terms and contexts related to Law in
practice,
• demonstrate the ability to solve a prearranged task effectively in co-
operation with the place of internship,
Condition of the internship:

The length of the internship period is corresponding to 12 weeks, unpaid

employment (Minimum 25-hour work per week).

If the place of internship requires any further information, please do not

hesitate to contact the undersigned.

We look forward to a fruitful collaboration.

Best regards,

Dr. Pervaiz Haider Nonari

Chairperson Department of Law
Lahore Leads University
 Acknowledgment

In the Name of Allah, the Most Beneficent, the Most Merciful. “O Allah, send
prayers and peace upon Our Master Muhammad and his Family”.

I would first of all like to thanks and express my sincere gratitude towards my
senior. Under whose guidance I have entered into practical life of legal profession.
He has been a guide, a mentor and taught me all that I know about the practical
aspect of civil as well as criminal law today. It’s been a great experience while
learning under guidance of such an experienced lawyer. I would also like to thanks
my academic teachers, who helped me to achieve some practical / professional
experience by providing me an opportunity to present my experience in black and
white. I hope, this report will be a sufficient and satisfactory result of my
beginning work.
 INTERNSHIP DETAIL
In this report and during internship I focused how to appear, communicate in the
court and provide document, witnesses and other things of minor but necessary
nature I learn about courts functioning and proceedings in the civil, criminal and
family cases which were a different thing found in theoretical and practical and it
provided a good experience of learning with regard to professional life this
experience boosted of self-confidence and provided further spark in the working.
In short it is search on related issue and report of my work I have tried my best to
do justice with my activities and put it in black and white in the same efforts
under the guideline of my senior.

Civil Law:-
A body of rules that delineate private rights and remedies, and govern disputes
between individuals in such areas as contracts, property, and Family Law distinct
from criminal or public law.

Family Law:-
Family law is a legal practice area that focuses on issues involving family
relationships, such as adoption, divorce, and child custody, among others.

Jurisdiction Of Civil Courts:-

Section 9 of Pakistan’s Code of Civil Procedure 1908 confers jurisdiction on civil
courts to adjudicate upon all suits of a civil nature, except such suits the
cognizance of which is either expressly or impliedly barred. In other words
whenever the object of proceedings is the enforcement of civil rights, a civil court
would have jurisdiction to entertain the suit unless the cognizance of the same is
barred through a legislative instrument.
Pleading:-
Pleadings are statements in writing of each party containing contentions
“arguments” of such party and detail of his case. Pleading is defined in Order (6)
Rule (1) of Code of Civil Procedure as plaint or written statement.

Object of Pleading:-
The object of Pleading is to bring parties to an issue and the purpose of the rules
relating to Pleading is to prevent the issue being enlarged. Further that the parties
themselves know what the matters in dispute are and what facts they have to
prove at the trial.

Purpose of Pleading:-
Purpose of pleadings was to led the other party to know as to what case it had to
meet as well as the facts which parties were to prove or establish the cause of
action or the defendants to establish their defense.(2017 YLR Notes Karachi 205).

Importance of Pleading:-
Importance of the pleadings and its legal value and significance could be
evaluated and gauged from the fact that it was primarily on the basis thereon that
the issues were framed.(2015 SCMR 1698)

Plaint:-
The document in which the fact of the case is mentioned that document is known
as Plaint in legal world. The entire Civil Suit is based on Plaint and the Plaint is
starting point or the starting stage for all the Civil Suit. Order VII deals with the
contents of Plaint and some of the points mentioned under Order VII is
mentioned herein below:-

 Particulars.
 Name of the Court.
 Details of the Party.
 Facts of the Dispute involved between the parties.
 Relief Sort.
 Jurisdiction.
 The Documents on which the party is relying upon.

WRITTEN STATEMENT:-
Written statement is the defense of the defendants. A 'defense' called the
written statement ,in general this is a reply of plaint ,in which defendant deny or
admit the each and every allegation or facts given in the plaint. Denial or
admission must be Para wise and clear. In the written statement defendant can
put his case also under the heading additional plea, and can states new facts or
ground which is necessary to defeat the opponent. If defendant want to put his
own claim against the plaintiff he can put it by way of set- off and counter-claim .

Order:-
The term Order has been defined under Section 2(14) of the Code as the formal
expression of any decision of a civil court which is not a decree.

Judgment:-
Under Section 2(9) of the Code, Judgment is defined as the statement given by
the Judge on the grounds of a decree or an order. It refers to what the judge
observes regarding all the issues in matter and the decision on each of the issues.
Hence, every judgment consists of facts, evidence, findings etc. and the
conclusion made by the court.

Decree:-
A decree as defined under Section 2(2) of Civil Procedure Code, is a formal
expression which determines the interest of both the parties in a conclusive
manner, with regards to any disputed matter in a civil suit. Significantly, a decree
is a formal expression of adjudication by which the court determines the rights of
parties regarding the matter in a controversy or a dispute.

Laws Relating To Marriage, Divorce Law In Pakistan And Child Custody

And Maintenance:-
Relevant Statutes of Pakistan for Marriage, Divorce, Custody, and Maintenance:-

 Guardians and Wards Act 1890.

 Child Marriage Restraint Act 1929.
 Dissolution of Muslim Marriages Act 1939.
 Muslim Family Law Ordinance 1961.
 ( West Pakistan ) Muslim Personal Law.
 ( Shariat ) Application Act 1962.
 ( West Pakistan ) Family Courts Act 1964.
 The offense of Zina (Enforcement of Hudood ) Ordinance 1979.
 Law of Evidence ( Qanun-e-Shahadat ) Order 1984.
 Enforcement of Sharia Act 1991.
 Dowry and Bridal Gifts (Restriction) Act 1976.
 Prohibition (Enforcement of Hudood ) Order 1979.
 Offence of Qazf (Enforcement of Hudood ) Order 1979.
 Execution of Punishment of Whipping Ordinance 1979.

Broadly, a civil suit passes through the following five stages

1. Institution of a Civil Suit (Plaint, Written Statement, Replication, etc.)

2. Framing of issues.
3. Summoning and attendance of witnesses.
4. Hearing of Suit and Examination of Witness.
5. Decree/Order and the Judgment.
Brief Introduction Of Criminal Law In Pakistan:-
Criminal law concerns the system of legal rules that define what conduct is
classified as a crime and how the government may prosecute individuals that
commit crimes. In instances where an individual fails to adhere to a particular
criminal statute, he or she commits a criminal act by breaking the law.

In Pakistan the major statutes relating to criminal law are the Pakistan Penal Code
1860 and the Criminal Procedure Code, 1898. Out of these two the former deals
in defining all the offences and mentioning their punishments along, the former is
specifically a code of procedure. The criminal procedure code is essentially a
procedural law, which provides machinery for the punishment of offenders
against the substantive criminal law example the Pakistan Penal Code. In fact the
two codes are to be read together. Apart from these two statutes, which
specifically deal in the criminal branch of law, there are certain other general laws
which attract criminal liability like, Negotiable Instruments Act which attracts
criminal liability in case of dishonoring cheque, although new provision of section
489-F has also been added in Pakistan Penal Code, regarding dishonestly issuing a
cheque. Information Technology Law is also going to be drafted very soon which
will deal with the wrongs relating to the Computer and Information Technology
etc.

Mechanism / Overview of criminal case:-

In general parlance, a criminal case in Pakistan has four stages: pre-investigation
stage, investigation stage, inquiry or pre-trial stage and trial stage. First
Information. Report sets law in motion. It follows investigation. A report upon
completion upon. Investigation is submitted before the court. The court conducts
inquiry and decides for the disposal of report if the same is fit for trial or for
disposal in some other manner. If the Court deems fit for trial, it takes cognizance
of the offence. Then the trial commences with the framing of charge (reflecting
statement of accusations) against the accused and is followed by evidence as per
law of land. Upon conclusion of evidence, arguments from both sides are heard.
Then the judgment is announced or the decision is given by the judge; the
decision culminates into either acquittal or conviction of the accused of such
offence. Then there is a provision for direct complaint before the Court and it
more or less involves similar trial procedure with difference of inquiry /
investigation stage.

First Information Report:-

First Information Report (referred as FIR hereafter) is a well-known technical
description of a report under section 154, Code of Criminal Procedure, 1898
(referred as Cr.P.C., hereafter)which gives first information of a cognizable
offence.
It is generally made by the complainant or someone on his behalf.

Power of police to investigate:-

Police is under statutory duty under section 154 Cr.P.C. and have statutory right
conferred under section 156(1), Cr.P.C. to investigate into cognizable offences.1
In case of investigation into non-cognizable offences, the police by virtue of
section 155, Cr.P.C., will be required to obtain permission from Magistrate by
making an entry into concerned book as per police rules and then to investigate
the case they can neither register a case under section 154, Cr.P.C. nor can they
arrest the accused without a warrant.

Recording of statements of witnesses by Magistrate:-

Section 164, Cr.P.C., empowers a Magistrate to record statements of witnesses
during course of investigation.

Bail defined:-
The Criminal Procedure Code or any statutory law do not define the word, ‘bail’.
In simple terms, it involves the release of a person who is formally or legally under
arrest and in custody. In legal parlance, it entails releasing of a person from the
custody of police and delivering him into the hands of sureties, who undertake to
produce him before the Court as and when he is required by the Court.

Section 497 Cr.P.C for the grant of post arrest bail.

Section 498 Cr.P.C. throw light on the topic of pre-arrest bail.

Matters to be considered for grant of bail:-
(1) Whether there are reasonable grounds for believing that the accused has
committed the offence.
(2) Nature and gravity of the charge.
(3) Severity of punishment in case of conviction.
(4) Apprehension of absconder when released on bail.
(5) The character, the means and the standing of the accused.
(6) Danger of witnesses being tampered with.
(7) Opportunity to the petitioner to prepare his defense.
(8) The period for which the petitioner has been in jail and when the trial is
likely to conclude.
(9) Whether the petitioner is named in the FIR or his description is given in it.
(10) Time taken in lodging the FIR, whether prompt.
(11) Whether the accused is a previous convict.

Conviction:-
Conviction means to find guilty of an offence. Sentence is punishment awarded to
a person convicted in criminal trial. Conviction is followed by sentence.

Acquittal:-
At the end of a criminal trial, a finding by a judge or jury that a defendant is not
guilty. An acquittal signifies that a prosecutor failed to prove his or her case
beyond a reasonable doubt, not that a defendant is innocent.
Serial No. Title of the Cases Kinds of Name of Results of
Cases Judge Cases

(1) MISS BISMA CIVIL SUIT RAO ZUBAIR PENDING

KHALID etc. V/S SABAR
MUHAMMAD
SHAHBAZ ALI

(2) KHALID NADEEM CIVIL SUIT MUHAMMAD PENDING

V/S MUKHTAR
CH.MUHAMMAD CHEEMA
TARIQ etc.

(3) MUHAMMAD CIVIL SUIT MUHAMMAD PENDING

SHAHBAZ ALI V/S AMJAD
MST.SADIA etc.

(4) MUHAMMAD CRIMINAL MALIK DECIDED

ASIF V/S STATE SUIT SHAHZAD
etc. AHMED KHAN

(5) MUQADAS CRIMINAL AYYAZ DECIDED

MUSHTAQ V/S SUIT RAFIQUE
MUHAMMAD
MUSHTAQ etc.
Title of Case 1 :-
Mst. Bisma Khalid D/O Khalid Mehmood

(2) Anaya daughter of M.Shehbaz through her mother plaintiff no.1.

(Plaintiffs)

V/S

M.Shehbaz Ali S/O Abdul Hameed. (Defendant)

Summary of Case:-
 In this case plaintiff filed a suit of recovery of maintenance allowance
Rs.20,00,000 per month to each plaintiff since 9-02-2011 and with 20%
increase of every year with past maintenance allowance of Rs.40,00,000.
 Dower of an amount 4 Tola ornament.
 Return of dowery article.

According to the plaintiff no.1 the cause of action arose on 9-2-19 when
defendant after severely beaten and kicked out from his house along plaintiff
No.2 [Minor].But in this case the Defendant denied the cause of action and
according to him no cause of action arose and secondly Defendant unable to pay
such maintenance allowance of Minor because defendant has salary of Rs.25,000
per month only so it must be according to salary of Defendant. Defendant also
denied list of dowry court and payment of dower. After considering the need of
Minor the tentative interim maintenance of plaintiff no.2 is fixed at Rs.10,000 per
month by the court. Case is pending in the court.

I learnt in this case about written statement and i have learnt about dower i.e
Muajjal paid at time of marriage (Nikkah) and Ghair muajjal paid after completion
of marriage (Nikkah). I also learnt about the maintenance of minor i.e father is
obliged to pay maintenance after his child until reaches the age of puberty in case
of son and until marriage in case of daughter.
Title of Case 2 :-
Khalid Nadeem S/O Qudrat Ullah (Plaintiff)

V/S

1. Chaudhry M.Tariq
2. M. Nabeel
3. Paradise housing scheme

(Defendants)

Summary of Case:-
In this case plaintiff entered into agreement to purchase plot measuring 5 Marlas
situated at paradise housing scheme, consideration of Rs. 15,50,000 and plaintiff
paid the total consideration amount to the defendant No. 1. Agreement to sell
was written between the parties on 23-2-2018 in presence of witness. Plaintiff
several time requested to said defendant No.1 to perform his part agreement and
executive his sale deed in favor of the plaintiff but defendant No.1 flatly refused
to do so. Defendant No.2 instead of construction of house in his purchased plot,
constructed the house upon plot of plaintiff with connivance of the Defendant
No.1 and 3 illegally, unlawfully and forcibly. In this case the Plaintiff demand for
the specific performance, declaration, possession, with permanent injunction and
consequential relief. In this case I have learned about the specific performance,
which means to fulfilling a promise made under a contract as agreed.

Title of Case 3 :-
M.Shahbaz Ali S/O Sheikh M.Saleem (Petitioner) V/S

1. MST. Sadia D/O Allahditta

2. Sehar Shahbaz (Minor) D/O Shahbaz Ali

(Respondents)
Summary of Case:-
Guardian petition u/s 25 of the guardian and wards act for the custody of minor
Sehar Shahbaz date of birth 20-01-2017 / respondent

Brief facts of this petition are that petitioner married with respondent No.1 on 20-
03-2011 according to the injunction of the Islam and out of this wedlock one
female child namely Sehar Shahbaz was born on 21-01-2017 / Respondent No.2

During the conflict between the parties the respondent left the house of the
petitioner along with Respondent No.2

Petitioner being father of Respondent No.2 / minor is natural guardian and

applied for custody of minor for proper supervision and welfare. The petitioner
also put forward the application for seeking the direction to the Respondent No.1
not to remove the minor from the jurisdiction of this court illegally, unlawfully
and without the course of law.

In this case I learnt about the custody of minor. I observed in this case that in
matter of custody of minor the court give preference to child’s welfare and
interest over that of parent’s rights.

Title of Case 4 :-
Muhammad Asif S/O Asghar Ali (Petitioner)

V/S

1. The State
2. Waheed Ashraf

(Respondents)

Offense u/s 392, 411 PPC.

Petition u/s 497 Cr.P.C for the grant of post arrest bail to the petitioner.
Summary of Case:-
In this case the petitioner has arrested after usual investigation has been sent to
jail. Petitioner applied for post arrest bail but the same was dismissed by learned
judicial magistrate Jaranwala Dated 11-02-2021 and Additional Session Judge on
12-03-2021 the High Court Lahore also dismissed bail petition on 26-04-2021.

The petitioner then applied for second post arrest bail on the fresh ground before
the same Honourable High Court on 14-09-2021 High Court dismissed the
petition, that petitioner does not press this petition in order to first file a second
petition before the learned Trial Court on the fresh ground of delay in the
conclusion of trial of petitioner.

In this case I have learned about the grant of bail and about the un-explained
delay in lodging of FIR leads towards the concession of bail to the petitioner
(Accused).

Tiltle of Case 5 :-
Muqadas Mushtaq D/O M.Mushtaq (Complainant)

V/S

1. M.Mushtaq
2. Tayyab Ishfaq
3. M.Iftikhar

(Respondents)

Summary of Case:-
In this case the Respondent No.1 wants the marriage of complainant without her
consent so, complainant left her house and contracted marriage with the Osama
on 02-08-2021, with free consent in presence of witness. On 10-08-2021 the
Respondents forcibly entered into house beaten, the complainant and her
husband. Complainant filed private complained u/s 200 of Cr.P.C then the Court
record the statement of complainant. In this case I observed that it is general
practice in our society whenever a female enter into marriage without the
consent of their parents (Run-Away) marriage generally face difficult situation
even in some cases killed to preserve the Honour of family.

General Summary:-
I have learned so many things during the duration of my internship, that is not
easy for me to pen down those things because when I look back that difficult
things become normal for me.

I have learned the fact that punctuality is most important factor of legal practice
because non punctual and non-serious behavior of lawyer leads to the conviction
of client.

This period of internship I learned how to communicate to the Judges in the Court
room and with seniors.

So, I can say that during this tenure I learned the basic knowledge about the civil
and criminal cases like how to draft a plaint and written statement application of
lodging FIR, grounds of bail, how to study case laws and their importance, legal
research, Court proceedings.

Overall it was a wonderful experience for me.

Success is nothing more than a few simple discipline, practiced everyday.

(JIM ROHN)
Conclusion:-
To conclude, I can say that internship was challenging and I had to put a lot of
hard work. In my three month of internship is over I feel I have really learned a
lot. First of all I become more familiar with the advocate. Secondly I got
acquainted with functions and responsibilities of the advocate and of course, got
highly involved in the daily life of our division. I didn’t just learned my daily task
but I also learned about drafting, as well as its weakness and the need for
improvement. This internship has been excellent and rewarding experience. I
have been able to meet and network with so many advocates and people and I
will sure will able to help me with opportunities in the future. One main thing I
have learned through this internship is time management skills as well as self -
motivation. I will continue to work hard and learned about the advocacy skills. I
sincerely thanks to my Seniors, Teachers, and this institution for giving me such a
precious opportunity to discovering my talent to making me better in it.

SUGGESTIONS:-
There is no mechanism for providing financial assistance to newly enrolled
lawyers in Pakistan, there should be a sufficient remuneration in the form of
monthly stipend for First two years of practice.

The behaviour of majority of judges with young lawyers is disappointing and

mortifying the same arguments if propounded by a senior lawyer is appreciated
with the smile anf if presented by a young lawyer is out-rightly rejected in very
belittilng form this behaviour should be changed.

It needs to be remembered that the foundation thet we will define the quality of
our legal polity tomorrow.