INTERNSHIP REPORT

The Maharaja Sayaji Rao University Of Baroda

Baroda School Of Legal Studies

Submitted in partial fulfilment for the award of degree of B.A.L.L.B

(Hons) - III

Academic Year: 2024-2025

INTERNSHIP AT

ANAND MAJUMDAR
ASSOCIATES AND ADVOCTES
LAW FIRM

Submitted By: Submitted to:

Yash Bhatt Faculty of Law,

PRN No. – 8022000812 Maharaja Sayaji Rao

Exam seat No. – 640212 University of Baroda

 INDEX

Serial No. Content Page No.

1. Preface 3

2. Acknowledgement 4

3. Certificate 5

4. Introduction 6

5. Objectives 7

6. Daily schedule 8 - 21

7. Concerned Laws 22 - 30

8. Study undertaken 31 - 44

9. Observation 45 - 46

10. Conclusion 47 - 48

11. Reference 48

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 PREFACE

My time interning at a Law Firm provided a deep dive into the realities of legal practice, and
this reflection captures that experience. The lessons learned went far beyond theoretical
knowledge, offering practical insights into the complexities of law. This internship marked
the beginning of a transformative phase in my life, shaping my professional aspirations and
contributing to my evolution into a more refined and confident individual.

The Bar Council of India mandates a minimum of 20 weeks of internship for students
enrolled in the Five-Year Law Course, as a crucial part of the student curriculum. This
internship is distributed throughout the legal studies period, allowing students to gain
invaluable practical experience in a diverse range of sectors. These include NGOs, Trial and
Appellate Advocates, the Judiciary, Legal Regulatory Authorities, Legislatures and
Parliament, various Legal Functionaries, Market Institutions, Law Firms, Companies, Local
Self-Government bodies, and other entities designated by the University. These internships
serve as an essential bridge between academic knowledge and the real-world application of
law, offering first-hand exposure to legal practice, dispute resolution, and management.

I express my heartfelt gratitude to the Baroda School of Legal Studies for their continuous
support and for providing me with the foundational knowledge, guidance, and exposure
necessary from the very start of my legal journey. Their mentorship has been instrumental in
preparing me for the challenges and opportunities that lie ahead.

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 ACKNOWLEDGMENT

The opportunity to delve into legal practice, granted through the internship by Adv. Anand
Majumdar and Adv. Smita Nawathe, fills me with profound gratitude. Their dedication and
illuminating insights were pivotal, significantly expanding my understanding of the
profession.

Navigating the courtroom was made possible by Anand Sir's keen legal intellect and
guidance. Throughout my internship, Smita Ma’am provided a constant, steadying presence.
Her professional approach, marked by quiet confidence and meticulousness, became a model
for me. Under her firm yet gentle direction, every new case and step became an enriching
experience. Her ability to anticipate my queries, providing clarity and perspective even before
I spoke, was remarkable. The foundation she laid, encompassing both legal knowledge and
essential lawyerly skills, is something for which I am truly thankful.

My gratitude also extends to Adv. Samyuk Vora, Adv. Jeel Vyas, Priyanshi Ma'am, and Ritik
Sir, whose contributions were invaluable. They not only demystified the district court's
operations but also offered daily encouragement. Their case-specific insights enriched my
learning, all within a supportive and welcoming atmosphere. Their impact on this fulfilling
experience is immeasurable, and I am forever grateful.

To everyone who played a part in my development, I offer my sincere thanks. The knowledge
and skills gained will be the bedrock of my future legal career. This internship, with your
collective guidance, was precisely the catalyst for growth I needed, and I am deeply indebted
to each of you for your role in shaping my path.

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 CERTIFICATE

5
6
 INTRODUCTION OF LAW FIRM

My third-year internship was completed under Advocate Anand Majumdar, who leads
ANAND MAJUMDAR AND ASSOCIATES-ADVOCATES. Advocate Smita Nawathe
collaborates in the firm's management.

Advocate Anand Majumdar's 35-year career, beginning in 1989, focuses on Civil,

Commercial, and Corporate Law. He leads a highly skilled team of lawyers, adept at handling
complex legal matters independently.

Advocate Majumdar has a successful track record in high-stakes commercial debt recovery,
both domestically and internationally, as well as complex commercial litigations and
arbitrations. He effectively handles a wide range of civil and commercial litigations.

Additionally, he has served as a visiting faculty member at the Baroda School of Law for
over 20 years, contributing to legal education and mentoring aspiring lawyers.

OBJECTIVES OF LAW FIRM

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 1. Guarantee Access and Deliver Legal Aid: Offer legal assistance to those lacking
resources, championing justice for all, and deliver exceptional legal counsel and
representation in diverse areas such as business law, criminal justice, family matters,
etc. Furnish superior legal services to clients, securing their contentment through
favourable results and efficient resolution of legal disputes.
2. Advance Legal Literacy and Strengthen Disadvantaged Individuals: Supply legal
instruction to economically challenged parties, equipping them with awareness of
their entitlements and obligations to cultivate fairness and equity.
3. Cultivate Ethical Conduct and Professional Rectitude: Urge emerging lawyers to
uphold professional ethics, preserving probity, discretion, and moral standards in all
legal proceedings and client relationships. Endeavor to cultivate lawyers and judges
known for their dedication, impartiality, intellect, and commitment to safeguarding
the probity of the legal framework.
4. Increase Client Base and Secure Sustained Prosperity: Concentrate on enlarging
the firm’s customer base and service offerings through relationship building,
promotion, and the provision of superior legal services to assure financial stability and
enduring expansion.
5. Remain Current with Legal Evolutions: Keep abreast of legal advancements,
regulatory modifications, and recent legal precedents to furnish current and precise
legal guidance to clients.
6. Sustain a Beneficial Workplace Atmosphere: Maintain a productive yet reasonable
workload for associates and personnel, promoting a positive and cooperative work
setting.
7. Participate in Free Legal Aid and Public Service: Give back to the community
through unpaid legal work and community initiatives, aiding in the betterment of
society and advocating for justice for everyone.

DAILY REPORT

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Day 1 – Tuesday - 01/10/2024

I arrived promptly at the office at 10 am, adhering to the designated reporting time. Upon my
arrival, I received a warm introduction to the office staff, who graciously shared insights into
their respective roles within the firm. Subsequently, I had the privilege of meeting my
supervisors, who would guide me both within the firm and at the court premises.

Following that, I had the opportunity to engage with fellow interns participating in a one-
month internship alongside me. Our group comprised of six interns, all from the same
college.

Later in the day, all the interns were directed to gather at the district court of Vadodara at
11:30 am. Upon arrival, we met our Court supervisors, including Adv Samyuk Vora, Adv
Jeel Vyas, Priyanshi Ma'am, and Ritik Sir, all of whom practice under Adv. Anand
Majumdar. During our meeting with the supervisors, they provided a comprehensive briefing
on our tasks for the day, offering valuable insights into the court environment.

My supervisor explained the concepts of the board list and cause list. The cause list contains
cases that judges will hear on a particular day, while the board list includes cases that an
advocate must represent in court on a specific day. Later in the day, we observed a cross-
examination in the courtroom. After court hours, we returned to the office, where we were
assigned different research topics. Then I for home at 8 PM .

Day 2 – Wednesday - 02/10/2024 – Gandhi Jayanti

Due to Gandhi Jayanti, courts were closed so we went to office at 5 pm instead of 10 am

There Smita Ma'am assigned me the task of studying about Mutual divorce in Hindu law.
This involved creating a document that explained the concept in a manner accessible to
someone unfamiliar with legal terminology. I dedicated the remainder of the day to studying
the topic for my assignment and finally left for home around 8 PM.

Day 3 – Thursday - 3/10/24

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Upon arriving at the office around 10:30 AM, Ma’am instructed us to provide a summary of
our learning and experiences during the initial two days of the internship. Our supervisors
directed us to proceed to the court to compile the board list for the day.

Subsequently, we shadowed our supervisors in the courtroom, observing their proceedings

and witnessing various cross-examinations while awaiting their turn. The supervisors also
enlightened us about the summoning process, encompassing public summoning, and
elucidated the concept of closing a case through an “ex parte” decision – a legal procedure
where one party appears before the court without the opposing party’s participation.

Samyuk sir then delved into Section 138 of the Negotiable Instruments Act, a provision
frequently invoked in cases involving bounced cheques. This section specifically addresses
the offense of dishonouring a cheque due to insufficient funds or exceeding the authorized
amount in the drawer's account, resulting in legal consequences. Following this, we observed
several court hearings across different courtrooms at Vadodara Nyay Mandir.

Following the court session, we returned to the office and briefed Ma’am on our activities in
court. I then continued working on my assignment before concluding the day and then headed
home around 8 PM.

Day 4 – Friday – 4/10/24

I arrived at the office at 10:10 AM and devoted some time to my assignment. Subsequently,
our supervisor arrived and directed us to Nyay Mandir.

Our supervisor instructed us to accompany them to every courtroom, urging us to observe

their activities closely. Additionally, we were encouraged to ask questions if any aspect was
unclear. Another intern and I were assigned the responsibility of rescheduling a court case
due to the judge being on leave. We successfully obtained a new date for the case from the
court clerk, scheduled for the following week.

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After the court hours concluded, we returned to the office and briefed Ms. Smita about our
courtroom observations. I presented the progress of my assignment to her and spent the
remainder of the day working on it before heading home at 7:50 PM.

Day 5 – Saturday – 5/10/24

I arrived at the office punctually at 10 am, where I diligently worked on and completed my
assignment. Subsequently, I sent it over to Smita ma'am. Our supervisor then instructed us to
proceed to the district court.

Later in the day, we had the opportunity to witness intriguing court proceedings alongside our
seniors, including two cross-examinations. Following this, our senior graciously guided us on
a brief tour of the district court, showcasing both court libraries and the family court.

During the tour, we familiarized ourselves with RCS (Regular Civil Suit) and SCS (Special
Civil Suit). RCS handles cases involving money recovery, title disputes, declarations, suits
for redemption, etc., falling under Part 1 of CPC, 1908. On the other hand, SCS deals with
suits involving the government, government officials, enforcement of public rights, etc., and
falls under Part 4 of CPC, 1908.

Furthermore, we learned about the Commercial Court Act of 2015, designed to expedite the
resolution of high-value commercial disputes, addressing the backlog previously categorized
as regular suits.

After the court proceedings, we returned to the office. Smita ma'am assigned us a new task,
to study on medical negligence. Throughout the evening, we diligently worked on the new
assignment and left for home at 8 pm.

Day 6 – Sunday – 6/10/24

HOLIDAY

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Day 7 – Monday - 07/10/24

Adhering to the schedule, I arrived at my senior's office at 10 am and dedicated my time to

researching the assignment provided the previous day. Upon our senior's arrival, we engaged
in discussions about the day's agenda in court. Subsequently, we departed for the district
court to cross-reference case serial numbers from the cause list, and we later presented the
compiled information to our seniors.

Throughout the court proceedings, we shadowed our seniors, observing their activities in
various courtrooms. In a specific case, the opposing party's advocate was conspicuously
absent, leading the judge to reschedule the hearing for a later date. later we went to principle
district judge’s courtroom were we witnessed cases about theft and one about a vehicle
accident.

Post-court hours, Priyanshi ma'am enlightened us interns about judicial separation,

elucidating the concept of couples living separately without pursuing a divorce. Upon
returning to the office, we resumed our work on the assignment. Smita ma'am provided
feedback on the assignment submitted yesterday and sought a detailed briefing on our
courtroom activities. At 8 pm, we concluded our day and headed home.

Day 8 – Tuesday - 08/10/24

Adhering to the planned schedule, I arrived at my senior's office. Alongside my colleagues,

we proceeded to the esteemed Hon'ble Court.The day unfolded with dynamic proceedings. At
times, a single case could consume the entire day, causing other pending matters to be
postponed. In such instances, the board clerk diligently updated the status of each matter by
day's end. This necessitated meticulous note-taking to maintain accurate records. If a case
exceeded the allocated time, the remaining matters were rescheduled for later dates,
strategically determined based on the Hon'ble Court's schedule and availability.

Today, due to the Hon'ble judge's absence, I obtained a new date from the court clerk. Our
senior informed us about "closing Pursis," a legal document that a party can file to conclude
litigation. A Pursis is a written statement or information submitted to the court regarding any
matter pending before it. This may include details, facts, joint statements, compromises,
12
settlements, or the absence of instructions from a party. The intention is to present this
information to the court for consideration in any proceeding. Later, at 4 pm, we returned to
the office and worked on our assignment. We left for home at 7.50 pm.

Day 9 – Wednesday - 09/10/24

Following the schedule, we arrived at the office. Subsequently, we proceeded to the district
court. Our senior assigned me the task of verifying the presence of the Hon'ble judge. Finding
the judge absent, I secured a new date for the case scheduled for the following week.
Throughout the day, we shadowed our seniors and observed the court proceedings.

During today's session, our senior introduced us to affidavits—a sworn statement put in
writing. When using an affidavit, one asserts that the information within the document is true
and correct to the best of their knowledge. It is also referred to as an attestation. Additionally,
we learned the importance of getting every document verified by Magistrate Shree before
submission to the court. Our senior also briefed us on the role of a notary.

Returning to the office, Smita Ma'am inquired about our activities in court that day and
reviewed the progress on our assignment. We dedicated the remaining office hours to
completing the assignment and left for home at 8 pm.

Day 10 – Thursday - 10/10/24

I arrived promptly at the office around 10 AM, where we were briefed on our tasks for the
day in court. Later in the day, our senior took us to the DSLA room located in Nyay Mandir,
where Samyuk sir explained the functions of the District Legal Services Authority (DLSA).
The DLSA plays a crucial role in the district-level administration of legal aid and services. Its
functions include providing legal aid to those unable to afford representation, raising public
awareness about legal rights, facilitating alternative dispute resolution through mechanisms
like mediation and Lok Adalat, conducting educational programs, and organizing legal
literacy camps. DLSA also monitors and coordinates the implementation of legal aid
initiatives, works to sensitize stakeholders on legal issues, and promotes the use of alternative
dispute resolution mechanisms. The specific functions may vary by jurisdiction, but
collectively, these efforts aim to enhance access to justice and legal services at the local level.
13
Additionally, as a fine to the court, we are required to pay to the DSLA, which is then utilized
for providing legal aid.

After completing our visit to DSLA, we returned to the office and continued working on our
assignment. Later, our senior provided us with case files to read and encouraged us to ask
questions if there was anything we didn't understand. We concluded our day and left for
home at 8 pm.

Day 11 – Friday - 11/10/24

I arrived at the office at 10:10 AM and dedicated some time to working on my assignment.
Shortly thereafter, our supervisor instructed us to go to Nyay Mandir . On this particular day,
our seniors took us to the district court post office as they needed to post legal notices. There
were fewer cases than usual, so our senior brought us to the courtroom of the Principal
District Judge, where we observed a cross-examination. After court hours, we returned to the
office, finished our assignment, and presented it to Smita Ma’am. During our discussion,
Ma’am inquired about a brief summary of our activities in court. We concluded our day by
leaving the office early at 7 pm for home.

Day 12 – Saturday - 12/10/24

DUSSHERA HOLIDAY

Day 13 – Sunday – 13/10/24

HOLIDAY

Day 14 – Monday - 14/10/24

I reached the office at 10:10 AM and devoted time to my assignment. Shortly after, our
supervisor directed us to Nyay Mandir. In court, we went to the centre for filing as we needed
to initiate a case of cheque bounce under Section 138 of the Negotiable Instrument Act. Our
supervisor demonstrated the proper order of paperwork when filing a case.
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Later, we observed a court proceeding where arguments revolved succession certificate, and
will so our seniors explained to us about these terms Returning to the office, Smita ma'am
gave a new assignment topic – Indian succession act – will, probate, letter of administration ,
succession certificate and we provided here an oral report on our courtroom activities. For
the remaining time, I conducted research before heading home at 8 pm.

Day 15 – Tuesday - 15/10/2024

I arrived at the office promptly at 10 am. Today in court, I wrote an application requesting a
new date as our sir couldn’t come due to some reason. I submitted the application to the court
clerk and obtained a new date. Our senior informed us about the "Civil Manual," which is
issued by the High Court of Judicature, Bombay, Appellate side. This manual serves as a
guide for the Civil Courts and Officers subordinate to it, providing instructions, procedures,
and guidance on matters related to civil cases. The content of the Civil Manual may be
amended periodically to ensure it remains up-to-date and reflective of any changes in laws or
procedures.

After court hours, which are from 10:30 AM to 5:30 PM, we headed to our office. There, we
briefed Smita ma’am about what we learned and did in court today. Later, I continued my
work on my assignment related to the custody of a child. At 7:50 PM, we headed home.

Day 16 – Wednesday - 16/10/24

Today, I arrived at the office slightly later than usual, at 11 am. Upon my arrival, I was
instructed to go to the court and wait for our seniors. Once they arrived, we participated in
two court proceedings, during which we witnessed a case involving a police personnel
abusing their power for personal gain.

Following this, Samyuk sir took me on a visit to the consumer court located in Amit Nagar,
Vadodara. It was my first time at a consumer court. Also known as a consumer forum or
consumer protection tribunal, a consumer court is a specialized legal forum that resolves
15
disputes between consumers and businesses. Its primary goal is to provide a swift and
accessible resolution for consumer complaints related to defective goods, deficient services,
unfair trade practices, and other issues affecting consumer rights. These courts operate under
consumer protection laws, offering a simpler and expedited process compared to traditional
legal systems, ensuring consumers can seek redress for their grievances. One case we
observed involved an airline being sued for not compensating passengers for last-minute
cancellation of plane tickets. After the completion of our seniors' work at the consumer court,
we returned to the district court.

At the district court, Priyanshi ma’am enlightened us about public prosecutors. A public
prosecutor is a government-employed legal professional who represents the state or public
interest in criminal cases. Also known as a district attorney or Crown prosecutor in some
jurisdictions, their role includes conducting investigations, presenting evidence in court, and
arguing cases against the accused. Their objective is to ensure justice is served, and those
who violate the law face appropriate legal consequences.

Following this educational session, we visited the courtroom of Principal District Judge to
observe the ongoing proceedings. After the court hours, we returned to the office to continue
working on our assignment. We also reviewed case files related to our assigned topic and also
took sir's guidance for the assignment. We concluded our work and left for home at 7.45 pm.

Day 17 – Thursday - 17/10/24

I arrived at the office promptly at 10 am, adhering to the schedule. While eagerly anticipating
our senior's arrival, we engaged in friendly conversations and shared laughter, fostering a
pleasant atmosphere that enhanced camaraderie among the team members. As we exchanged
thoughts and experiences, a positive and collaborative environment unfolded. Our supervisors
eventually arrived, and together we proceeded to the court, marking the beginning of a new
day.

Today proved to be an enriching day as we explored two distinct locations. Initially, we

visited a mediation room, where mediation, an alternative dispute resolution method, took
place. In this process, a neutral third party, known as a mediator, guided disputing parties
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towards a mutually acceptable agreement without imposing a decision. The mediation room,
designed to encourage open communication and negotiation, provided a private and neutral
space for resolving issues.

During our time in the mediation room, we observed a mediation process led by our senior,
Ajay sir, presenting his client. This first-hand experience, being my initial exposure to such
proceedings, was truly enlightening and fuelled my passion for the field of law.

Subsequently, we visited a fast track court, in India there two main types: Fast Track Special
Courts (FTSCs) and General Fast Track Courts (FTCs). FTSCs, established in 2019, focus on
expediting trials for sexual offenses, prioritizing justice for victims. FTCs, set up by state
governments, aim to quickly resolve various cases, including heinous crimes and civil
matters. Both types share dedicated judges, streamlined procedures, and prioritized hearings
to achieve faster verdicts. As of October 2023, India has 758 FTSCs and 848 FTCs
operational nationwide.

At the fast track court, we observed a case involving a property dispute among family
members before returning to the office. There, we presented the progress of our assignment to
Smita maam, who then asked us to brief her on what we learned at the court. Following this
insightful session, we delved into reading some case files before heading home at 7.50 pm.

Day 18 – Friday - 18/10/24

I arrived at the office around 10:30 am, and from there, we headed to the district court.
During today's session, Jeel ma’am provided us with a comprehensive lesson on exhibits and
exhibit numbering. An exhibit encompasses any physical evidence presented during a trial,
such as documents, photographs, objects, or recordings, which the court considers in its
decision-making process.

Regarding the exhibit numbering system, it follows a structured format based on the
presenting party. Each exhibit, whether a set of documents or multiple parts of an object,
receives a unique number. The number is marked on the exhibit itself and recorded in the
court record.
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Following this informative session, we left for the office earlier than usual, as there was
limited court-related work for the day. At the office, I did some work on my assignment
before heading home at 7 pm.

Day 19 – Saturday - 19/10/24

It was 10:30 am when I arrived at the office. we followed our senior colleagues to the family
court. There, we represented a woman seeking a divorce from her husband. She had bravely
filed charges against him, alleging domestic violence and physical incapacity to fulfil marital
obligations. We keenly observed the court proceedings, taking note of every detail. As the
opposing side had not appeared for any hearings up to that point, we argued for an ex parte
decision in our client's favour.

After the family court session, we proceeded to file a cheque bounce case under Section 138
of the Negotiable Instruments Act. This involved filling out forms at the centre filling. The
case involved a significant sum – cheques exceeding 40 lakh rupees had bounced. Our
supervisor, ever helpful, guided us through the process, explaining each step in clear terms.
Both the family court appearance and the cheque bounce case filing were invaluable learning
experiences that broadened my legal understanding.

Returning to the office, I received a new assignment from Samyuk sir. In which the main
topic was to study about section 138 NI act ,he also gave me some few minor topics related
to the main topic .

Absorbed in this new challenge, I diligently worked on the assignment until 8 pm before
leaving for home.

Day 20 – Sunday - 20/10/24

HOLIDAY

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Day 21 –Monday - 21/10/24

I followed instructions and went directly to court, where I met my senior. During our time at
the court, we observed a case where the opposition sought the rejection of a plea. The
rejection of a plea occurs when a court or authority dismisses a formal request made by one
of the parties in a legal proceeding. This rejection can happen due to insufficient evidence,
procedural errors, or the lack of legal merit. It signifies that the court or authority has deemed
the arguments or requests in the plea as inadequate to grant the relief sought.

Having learned these new terms, we returned to the office, where we worked on our
assignments and celebrated the birthday of one of our senior. Following the celebration, we
left for home early at 7 pm.

Day 22 –Tuesday – 22/10/24

Today, I received instructions to head directly to the court. Upon my arrival, I met with my
seniors, and the day commenced with a significant meeting led by our supervisor. During this
session, he provided a comprehensive understanding of the CrPC (Criminal Procedure Code)
and CPC (Civil Procedure Code), integral components of Indian law.

The CrPC (Criminal Procedure Code) serves as a legal guide outlining procedures and rules
for the investigation and trial of criminal cases in India. It encompasses elements such as
arrests, search warrants, court proceedings, and the rights of the accused. On the other hand,
the CPC (Civil Procedure Code) manages procedures and rules for civil courts in India. It
governs the resolution of non-criminal disputes, including matters related to property,
contracts, and family issues, through legal proceedings in civil courts.

Later in the day, I found myself in a family courtroom, observing legal proceedings unfold. In
another courtroom, the judge was absent, leading me to take charge and negotiate a new date
for the case. In the afternoon, I had the opportunity to witness Anand sir in action during a
cross-examination. It resembled watching a strategic chess player making precise moves. Sir
adeptly questioned witnesses, exposing inconsistencies and extracting crucial information,
highlighting the significance of sharp questioning and thorough preparation in constructing a
robust legal case.

19
Following the courtroom activities, we returned to the office where I focused on my assigned
task. I left the office at 8 pm. Each day of this internship presents unique challenges, pushing
me beyond theoretical knowledge and immersing me in the practical realities of the legal
system.

Day 23 – Wednesday - 23/10/24

Today, we arrived at the office and dedicated some time to working on my assignment.
Afterward, I delved into the case file related to my assignment. Following this, I
accompanied Samyuk sir to the Consumer Court to file a complaint against a prominent
insurance company. Sir patiently guided me through the step-by-step process of filing a
complaint.

Next, we proceeded to the district court where we joined the rest of the team. There, Sir
provided a comprehensive session for all interns on Succession certificate. At 4 pm, we
returned to the office, where I continued working on my assignment. Before heading home, I
presented my progress to Smita ma’am and briefed her on the day's activities..

Day 24 – Thursday - 24/10/24

Adhering to our schedule, I punctually arrived at my senior's office at 10 am and dedicated

my time to in-depth research for our ongoing assignment. Upon our senior's arrival, we
engaged in insightful discussions about the day's proceedings in court.

In the courtroom, we observed a riveting cross-examination where the defendant's witness

was notably unaware of crucial facts, leaving a lasting impression on us. Subsequently, we
witnessed a case involving a property dispute between siblings, a brother, and a sister, both
vying for inherited property.

After our informative session, we returned to the office where we showed the progress on our
assignment. Upon showing it to Smita ma'am, she praised my work, and as a reward, she
graciously allowed us all to leave early at 7 pm.

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Day 25 – Friday - 25/10/24

Due to the less cases in court we stayed in the office, were we did our work on our research
and then left for home early in the evening.

Day 26 – Saturday – 26/10/24

Today, I arrived at the office around 10:20 am, and shortly after, we proceeded to the court.
While in court, we filed an application for a summary suit – a legal procedure designed for
the prompt and efficient resolution of commercial disputes.

Following this, I secured a new date for a case due to the absence of the judge. Later, we
visited the Chief Court to observe ongoing proceedings. In the afternoon, we shadowed our
seniors in a different court, closely monitoring the proceedings.

Returning to the office at 4 pm, we submitted our assignment to Smita ma'am, and then left
for home at 7:45 pm.

Day 27 – Sunday - 27/10/24

HOLIDAY

Day 28 – Monday - 28/10/24

Today marked the culmination of my internship, I arrived at the office punctually at 10 am,
where our supervisor directed us to proceed to the district court. Today, our senior provided
instruction on probate and letter of administration as we observed a court proceeding related
to these two terms. In India, probate and letter of administration are legal concepts linked to
the administration of an individual's estate following their demise. probate is the legal process
for validating and executing a will, while a Letter of Administration is granted when there is
no will or when the appointed executor is unable to fulfill their role. Both processes facilitate
the orderly distribution of the deceased person's assets and settling of their affairs.

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Following these courtroom activities, we returned to the office. Once there, we engaged in a
brief yet insightful career guidance session with Smita ma'am. She extended her best wishes
for our future endeavours and presented each of us with internship certificates. Our
interactions also included a farewell with Anand sir, who expressed his hopes for our
successful careers in the legal field. As we bid farewell to the seniors with whom we spent
the majority of our internship, we concluded the day's activities and headed home at 8 pm.
Thus, concluded this enriching and memorable one-month journey.

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 CONCERNED LAWS

1. Section 138 of The Negotiable Instruments Act, 1881

138. Dishonour of cheque for insufficiency, etc., of funds in the account.—

Where any cheque drawn by a person on an account maintained by him with a banker for
payment of any amount of money to another person from out of that account for the
discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid,
either because of the amount of money standing to the credit of that account is insufficient to
honour the cheque or that it exceeds the amount arranged to be paid from that account by an
agreement made with that bank, such person shall be deemed to have committed an offence
and shall, without prejudice to any other provision of this Act, be punished with
imprisonment for [a term which may be extended to two years’], or with fine which may
extend to twice the amount of the cheque, or with both:

Provided that nothing contained in this section shall apply unless—

(a) the cheque has been presented to the bank within a period of six months from the date on
which it is drawn or within the period of its validity, whichever is earlier;

(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand
for the payment of the said amount of money by giving a notice; in writing, to the drawer of
the cheque, [within thirty days] of the receipt of information by him from the bank regarding
the return of the cheque as unpaid; and

(c) the drawer of such cheque fails to make the payment of the said amount of money to the
payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of
the receipt of the said notice.

Explanation.—For the purposes of this section, “debt or other liability” means a legally
enforceable debt or other liability.]enforceable debt or other liability.

23
Meaning

Section 138 of the Negotiable Instruments Act, 1881, criminalizes the dishonor of a cheque
due to insufficient funds. Essentially, if you issue a cheque for a legally enforceable debt and
it bounces because your account lacks the necessary funds, you can be held liable.

However, certain conditions must be met. The cheque must be presented within six months or
its validity period, and the payee must send you a written notice demanding payment within
30 days of the cheque's dishonor. You then have 15 days to make the payment.

Failure to pay within that 15-day window can result in criminal prosecution. The punishment
can include imprisonment for up to two years, a fine of up to twice the cheque amount, or
both. This section aims to maintain the integrity of cheques in financial transactions.

2. Section 106 of Bharatiya Nyaya Sanhita, 2023

106. Causing death by negligence.
(1) Whoever causes death of any person by doing any rash or negligent act not amounting to
culpable homicide, shall be punished with imprisonment of either description for a term
which may extend to five years, and shall also be liable to fine; and if such act is done by a
registered medical practitioner while performing medical procedure, he shall be punished
with imprisonment of either description for a term which may extend to two years, and shall
also be liable to fine.

Explanation.— For the purposes of this sub-section, “registered medical practitioner” means
a medical practitioner who possesses any medical qualification recognised under the National
Medical Commission Act, 2019 and whose name has been entered in the National Medical
Register or a State Medical Register under that Act.

(2) Whoever causes death of any person by rash and negligent driving of vehicle not
amounting to culpable homicide, and escapes without reporting it to a police officer or a
Magistrate soon after the incident, shall be punished with imprisonment of either description
of a term which may extend to ten years, and shall also be liable to fine.

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Meaning

Section 106 of the Bharatiya Nyaya Sanhita, 2023, addresses the offense of causing death by
negligence. It lays out the legal consequences for actions that unintentionally result in
someone's death.

Subsection (1) states that if someone causes death through a rash or negligent act, not
amounting to culpable homicide, they can be imprisoned for up to five years and fined. A
special provision exists for registered medical practitioners performing medical procedures;
their potential imprisonment is capped at two years, along with a fine. The explanation
clarifies "registered medical practitioner" as those qualified under the National Medical
Commission Act, 2019, and registered accordingly.

Subsection (2) deals specifically with deaths caused by rash and negligent driving. If the
driver escapes without reporting the incident to the police or a magistrate, they face a harsher
penalty: imprisonment for up to ten years and a fine. This subsection emphasizes the severity
of leaving the scene of a fatal accident without reporting it.

3. Section 13(b) of Hindu Marriage Act ,1955

13B. Divorce by mutual consent.

(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of
divorce may be presented to the district court by both the parties to a marriage together,
whether such marriage was solemnized before or after the commencement of the Marriage
Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living
separately for a period of one year or more, that they have not been able to live together and
that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the
presentation of the petition referred to in sub-section (1) and not later than eighteen months
after the said date, if the petition is not withdrawn in the meantime, the court shall, on being
satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a
marriage has been solemnized and that the averments in the petition are true, pass a decree of
divorce declaring the marriage to be dissolved with effect from the date of the decree.

25
Meaning

Section 13B of the Hindu Marriage Act, 1955, outlines the procedure for obtaining a divorce
by mutual consent. It allows couples to dissolve their marriage if they both agree, simplifying
the process compared to contested divorces.

Subsection (1) states that both parties must jointly file a petition in the district court, stating
they've lived separately for at least a year, cannot live together, and mutually agree to
divorce. This applies to marriages solemnized before or after the 1976 amendment.

Subsection (2) details the waiting period and finalization. Six months after filing, but within
18 months, both parties must reappear in court. If they haven't withdrawn the petition, the
court, after verifying the marriage and the petition's accuracy, will grant a divorce decree.
Essentially, it provides a pathway for amicable separation with a mandatory cooling off
period.

4. Article 142 in Constitution of India

142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc

(1)The Supreme Court in the exercise of its jurisdiction may pass such decree or make such
order as is necessary for doing complete justice in any cause or matter pending before it, and
any decree so passed or order so made shall be enforceable throughout the territory of India
in such manner as may be prescribed by or under any law made by Parliament and, until
provision in that behalf is so made, in such manner as the President may by order prescribe.

(2)Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court
shall, as respects the whole of the territory of India, have all and every power to make any
order for the purpose of securing the attendance of any person, the discovery or production of
any documents, or the investigation or punishment of any contempt of itself.

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Meaning

Article 142 of the Indian Constitution grants the Supreme Court unique and extensive powers
to ensure "complete justice." It's a crucial article that allows the court to go beyond existing
laws when necessary.

Subsection (1) empowers the Supreme Court to issue any decree or order it deems necessary
to achieve complete justice in any case before it. These orders are enforceable throughout
India. Parliament can prescribe the enforcement method, but until then, the President can do
so by order. Essentially, it allows the court to craft solutions where existing laws might fall
short.

Subsection (2) further strengthens the Supreme Court's authority. It enables the court to issue
orders for securing the attendance of individuals, the discovery or production of documents,
and the investigation or punishment of its own contempt. This ensures the court has the
necessary tools to conduct its proceedings effectively and maintain its authority across the
entire territory of India, subject to parliamentary law.

5. The Hindu Succession Act, 1956

1. Section 2. Definitions.—
In this Act, unless there is anything repugnant in the subject or context,—
(a) “administrator” means a person appointed by competent authority to administer the estate
of a deceased person when there is no executor;
(c) “executor” means a person to whom the execution of the last Will of a deceased person is,
by the testator's appointment, confided;
(f) “probate” means the copy of a will certified under the seal of a court of competent
jurisdiction with a grant of administration to the estate of the testator;
(h) “will” means the legal declaration of the intention of a testator with respect to his property
which he desires to be carried into effect after his death.

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Meaning
Administrator (a): This is someone appointed by a legal authority to manage the assets of a
deceased person when there's no designated executor in a will. Essentially, they handle the
estate when someone dies without naming who should do so.
Executor (c): This is the person specifically chosen by the person writing the will (the
testator) to carry out the instructions outlined in that will. They're entrusted with executing
the testator's wishes.
Probate (f): This is a certified copy of a will, stamped with the court's seal, that grants the
executor the authority to administer the deceased person's estate. It's the legal validation of
the will.
Will (h): This is a legal document where a person (the testator) expresses their intentions
regarding how their property should be distributed after their death. It's a formal declaration
of their post-mortem wishes.

2. Section 218. To whom administration may be granted, where deceased is a Hindu,

Muhammadan, Buddhist, Sikh, Jain or exempted person.—
(1) If the deceased has died intestate and was a Hindu, Muhammadan, Buddhist, Sikh or Jain
or an exempted person, administration of his estate may be granted to any person who,
according to the rules for the distribution of the estate applicable in the case of such deceased,
would be entitled to the whole or any part of such deceased's estate.
(2) When several such persons apply for such administration, it shall be in the discretion of
the Court to grant it to any one or more of them.
(3) When no such person applies, it may be granted to a creditor of the deceased.

Meaning

Section 218 of the Indian Succession Act pertains to the granting of administration for the
estate of a deceased individual who died intestate (without a will) and belonged to specific
religious communities: Hindu, Muhammadan, Buddhist, Sikh, or Jain, as well as exempted
persons. Essentially, it outlines who has priority in obtaining the right to manage the
deceased's assets and liabilities.

28
The primary beneficiaries, according to the relevant distribution rules of the deceased's
religious law, are given first preference. If the deceased's estate is to be distributed among
multiple individuals, those individuals are eligible to apply for administration. When multiple
eligible individuals apply, the court retains the discretion to select one or more of them to
administer the estate, ensuring a fair and efficient process. Finally, if no beneficiaries come
forward to claim administration, the court can grant it to a creditor of the deceased,
safeguarding the interests of those owed debts by the estate.

3. Section 219. Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jain or
exempted person.—
If the deceased has died intestate and was not a person belonging to any of the classes
referred to in section 218, those who are connected with him, either by marriage or by
consanguinity, are entitled to obtain letters of administration of his estate and effects in the
order and according to the rules hereinafter stated, namely:—
(a) If the deceased has left a widow, administration shall be granted to the widow, unless the
Court sees cause to exclude her, either on the ground of some personal disqualification, or
because she has no interest in the estate of the deceased.
(b) If the Judge thinks proper, he may associate any person or persons with the widow in the
administration who would be entitled solely to the administration if there were no widow.
(c) If there is no widow, or if the Court sees cause to exclude the widow, it shall commit the
administration to the person or persons who would be beneficially entitled to the estate
according to the rules for the distribution of an intestate’s estate: Provided that, when the
mother of the deceased is one of the class of persons so entitled, she shall be solely entitled to
administration.
(d) Those who stand in -equal degree of kindred to the deceased are equally entitled to
administration.
(e) The husband surviving his wife has the same right of administration of her estate as the
widow has in respect of the estate of her husband.
(f) When there is no person connected with the deceased by marriage or consanguinity who is
entitled to letters of administration and willing to act, they may be granted to a creditor.
(g) Where the deceased has left property in [India], letters of administration shall be granted
according to the foregoing rules, notwithstanding that he had his domicile in a country in
which the law relating to testate and intestate succession differs from the law of 1[India].

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Meaning

Section 219 of the Indian Succession Act addresses the administration of estates for
individuals who die intestate (without a will) and do not belong to the Hindu, Muslim,
Buddhist, Sikh, or Jain communities, or are not considered "exempted persons." This section
establishes a clear order of priority for granting letters of administration, focusing on those
connected to the deceased by marriage or blood (consanguinity).

The primary beneficiary is the surviving widow. She is entitled to administration unless the
court finds a valid reason to exclude her, such as mental incapacity, adultery, or having no
financial interest in the estate. The court also has the option to appoint other eligible
individuals to assist the widow in administering the estate. If there is no widow, or if she is
excluded, the administration passes to those who would inherit the estate according to the
applicable intestate succession rules. Notably, if the deceased's mother is among these heirs,
she takes precedence and is solely entitled to administration.

Furthermore, individuals of equal kinship to the deceased have equal rights to administration.
A surviving husband has the same rights to administer his deceased wife's estate as a widow
has to her deceased husband's. Finally, if no family members are willing or eligible to
administer the estate, a creditor can apply. Importantly, the rules of this section apply to
property located in India, even if the deceased was domiciled in a country with different
succession laws.

4. Section 220. Effect of letters of administration.—

Letters of administration entitle the administrator to all rights belonging to the intestate as
effectually as if the administration had been granted at the moment after his death.

Meaning
once a court grants letters of administration, the person appointed (the administrator) gains
the legal authority to act on behalf of the deceased's estate. This authority is retroactive,
meaning it's treated as if it was granted immediately after the person died. This allows the
administrator to manage and distribute the deceased's assets and handle their liabilities as if
they had been authorized to do so from the moment of death.

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5. Section 222. Probate only to appointed executor.—
(1) Probate shall be granted only to an executor appointed by the will.
(2) The appointment may be expressed or by necessary implication.

Meaning

Section 222 of the Indian Succession Act focuses on who can obtain "probate" for a will.
Probate is the legal process of validating a will and confirming the executor's authority.
Here's a breakdown:

(1) Exclusive right of the executor: This part states that only the person(s) specifically
appointed as the executor(s) in the will can apply for and be granted probate. No one else can
legally obtain probate if they are not named as an executor.

(2) Express or implied appointment: The appointment of an executor doesn't have to be

explicitly stated. It can also be implied from the wording of the will. This means that even if
the word "executor" isn't used, if the will clearly indicates that a person is intended to carry

Section 222 ensures that the person or persons chosen by the deceased to manage their estate,
as expressed in their will, are the only ones legally authorized to obtain probate and carry out
those duties.

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 STUDY UNDERTAKEN

1- Medical Negligence

Definitions
Medical negligence arises from an act or omission by a medical practitioner, which no
reasonably competent and careful medical practitioner would have committed. Therefore a
medical practitioner while attending to the patient is expected to adopt reasonably skilful
behaviour and follow the ordinary skills and practices of the medical profession with ordinary
care.
-By the association of the surgeons of India

Medical negligence occurs when a doctor fails to meet the professional standards of care.
While doctors can't always guarantee a patient's recovery, they are expected to act
competently, gather necessary information, and obtain informed consent before major
treatments, except in emergencies. Failure to do so may lead to liability, and the patient can
seek compensation for harm caused.

National Consumer Disputes Redressal Commission (NCDRC)

The National Consumer Disputes Redressal Commission (NCDRC) is India’s top consumer
protection body, handling appeals on medical negligence cases from State and District
Commissions.

Key roles of the NCDRC in medical negligence include:

- Providing relief: Awarding compensation for injury, pain, medical expenses, and loss
of income.
- Setting precedents: Shaping legal interpretations and care standards for healthcare
providers.
- Promoting awareness: Educating consumers on their rights and encouraging redressal
for medical negligence.

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Laws governing medical negligence

1.Section 106 of the Bharatiya Nyaya Sanhita, 2023, addresses "causing death by
negligence," with penalties of up to five years in prison and a fine. For registered medical
professionals, the maximum sentence for causing death during a procedure is two years and a
fine. Under the new Bhartiya Nagarik Suraksha Sanhita, 2023, this offense is now
"cognizable" (allowing arrest without a warrant) and "bailable" (permitting release on bail).
While doctors can be punished for negligence, the law acknowledges their role with a lower
maximum sentence.

2.The Consumer Protection Act, 2019, in India treats medical negligence as a "deficiency in
service." This includes professional misconduct, lack of skill, or failure to provide proper
care. Remedies for affected patients include:

1. Compensation for medical costs, suffering, and loss of income.

2. Correction of errors in treatment.
3. Refund if the service was inadequate.
4. Public notice admitting negligence in certain cases.

The CPA offers legal protection and recourse for patients facing medical negligence.

Examples

Medical negligence occurs when a healthcare professional fails to meet the expected standard
of care, causing harm to the patient. Common examples include:

1. Misdiagnosis: Failing to correctly diagnose a condition, such as mistaking cancer for

a less serious illness, leading to delayed treatment and harm.
2. Incorrect Treatment: Providing the wrong treatment or medication, like prescribing a
drug the patient is allergic to or performing unnecessary surgery.
3. Surgical Errors: Mistakes during surgery, such as operating on the wrong body part or
leaving instruments inside the patient.
4. Ignoring Medical Guidelines: Failing to follow established medical practices or
research, leading to inappropriate treatments.

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2- Dishonour of cheque – Law and procedure

Section 138 : Dishonour of cheque for insufficiency, etc., of funds in the account.—

Where any cheque drawn by a person on an account maintained by him with a banker for
payment of any amount of money to another person from out of that account for the
discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid,
either because of the amount of money standing to the credit of that account is insufficient to
honour the cheque or that it exceeds the amount arranged to be paid from that account by an
agreement made with that bank, such person shall be deemed to have committed an offence
and shall, without prejudice to any other provisions of this Act, be punished with
imprisonment for a term which may be extended to two years, or with fine which may extend
to twice the amount of the cheque, or with both : Provided that nothing contained in this
section shall apply unless—

a) the cheque has been presented to the bank within a period of six months from the date
on which it is drawn or within the period of its validity, whichever is earlier;

b) the payee or the holder in due course of the cheque, as the case may be, makes a
demand for the payment of the said amount of money by giving a notice in writing, to
the drawer of the cheque, [within thirty days of the receipt of information by him from
the bank regarding the return of the cheque as unpaid; and

c) the drawer of such cheque fails to make the payment of the said amount of money to
the payee or, as the case may be, to the holder in due course of the cheque, within
fifteen days of the receipt of the said notice. Explanation.—For the purposes of this
section, “debt or other liability” means a legally enforceable debt or other liability.

Stages of a Cheque Bounce Case

 Notice
The complainant (payee) must issue a legal notice to the issuer (drawer) within 30
days of the cheque bounce. The issuer has 15 days from receiving the notice to settle
the payment. If the issuer fails to pay within this period, the complainant can file a
criminal case within 30 days after the 15-day grace period.
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  Filing of Complaint
The complainant must file the complaint before the jurisdictional magistrate (usually
where the issuer’s bank is located) within 30 days of the cause of action. The original
documents, such as the bounced cheque, bank dishonour memo, and notice copy,
must be submitted as supporting evidence.
 Summons & Sworn Statement
The complainant provides a sworn statement or affidavit, detailing the case. If the
judge is satisfied with the complaint, a summons is issued to the accused. The accused
is then required to appear in court.
 Appearance of the Accused & Bail
Upon receiving the summons, the accused must appear in court. If the accused fails to
appear, the court may issue a bailable warrant, followed by a non-bailable warrant if
the non-appearance continues. The accused can obtain bail (with or without surety) by
depositing cash or providing other security.
 Recording of Plea
The court asks the accused to plead guilty or not guilty. If the accused pleads guilty,
punishment may be issued immediately. If the plea is not guilty, the case moves to the
evidence stage.
 Complainant’s Evidence & Cross-Examination
The complainant presents their evidence, usually in the form of an affidavit, along
with supporting documents like the bounced cheque, dishonour memo, and legal
notice. The accused then cross-examines the complainant and any witnesses.
 Further Statement of the Accused
The court questions the accused about the evidence, giving them an opportunity to
present their version of the events.
 Defence Evidence & Cross-Examination
The accused may present their defence through witnesses and evidence. The
complainant has the right to cross-examine the defence witnesses.
 Arguments
Both parties submit their final arguments, summarizing their positions and supporting
them with legal precedents. Written arguments may also be presented to the court.
 Judgment
After reviewing all the evidence and arguments, the court delivers its judgment. If the

35
 accused is found guilty, they may be sentenced to a fine or imprisonment. If acquitted,
the case concludes. The convicted party can appeal the judgment within 30 days.

Key points of cheque bounce

o Multiple Cheques: If multiple cheques are issued as part of the same transaction and
are subsequently dishonoured, they can be clubbed together in a single complaint
under Section 138. This means that you don't have to file separate complaints for
each bounced cheque.

o No Limit on Cheques: There is no specific limit on the number of cheques that can be
included in a single complaint. However, it is important to ensure that each cheque
has a separate cause of action and is supported by sufficient evidence.

o Death of Accused or Complainant: If the accused dies before the conclusion of the
case, their legal heirs can challenge the conviction. Conversely, if the complainant
dies, their legal heirs can continue the proceedings as their representatives. However,
they must obtain permission from the court to do so.
o Personal Appearance: While there is no provision for permanent exemption from
personal appearance in a Section 138 case, the court has the discretion to grant
exemptions in certain circumstances. Factors considered by the court include the
nature of the offense, the necessity of the accused's presence, and the accused's
cooperation with the court.

o Appeals: If a person is convicted under Section 138, they can appeal the decision to a
higher court. The High Court is the appellate court for cases arising under the NI Act.

o Special Leave to Appeal: In certain cases, a complainant can file an application for
special leave to appeal against an acquittal, even if the High Court has already ruled
in favour of the accused. This is done under Section 378(4) of the Criminal
Procedure Code

3- Divorce by mutual consent under HMA,1955

36
Section 13B [ Divorce by mutual consent.] of Hindu Marriage Act 1955 deals with mutual
divorce in India among Hindus

When can the divorce by mutual consent be filed?

o Husband and wife should be staying separately for the period of minimum one year,
and have not been able to live together anymore
o Husband and wife both have consent for the divorce.
o Minimum one year from the date of marriage

Documents required for Mutual Consent Divorce

o Marriage Certificate
o Address Proof of both Husband and Wife.
o Four Photographs of Marriage.
o Income tax Statement of last 3 years.
o Details of profession and Income (Salary slips, appointment letter)
o Details of Property and Asset owned
o Information about family (husband and wife)
o Evidence of Staying separately for an year
o Evidence relating to the failed attempts of reconciliation

Step by Step Procedure to file for Mutual Consent Divorce

Step 1 : Petition for Divorce

Petition is to be filed under respective act or law in the Court of competent jurisdiction.
Petition needs to be filed mutually in the Court with the intention to obtain divorce at any
time after one year from the date of marriage.

Step 2 : Appear before the Court

Both the parties need to prove that they have been living separately for a period of one year
or more before the presentation of such petition.
The three conditions should be satisfied before moving the petition.
The petition is filed in the way of an affidavit stating the mutual consent as to dissolution of
marriage and other agreed clauses regarding child custody, maintenance and alimony

37
Step 3: Passing orders for statements on oath
Statements of both the parties are thereafter recorded.

Step 4: 6 month Cooling Period

A cooling period of minimum 6 months and maximum 18 months is provided to the husband
and wife if they wish to change their mind and reconcile. During the cooling period, either of
the party has the right to withdraw the petition.

Step 5: Final hearing of petition

If such petition is not withdrawn, the parties are summoned at a fixed date, where they
consent and confirm the intention to separate or divorce.

Step 6: Decree of Divorce

Decree of divorce is granted by the Court.

Irretrievable breakdown of marriage

Article 142 [Enforcement of decrees and orders of Supreme Court and orders as to discovery,
etc] Provides the power to the court to dissolve a marriage in case of irretrievable breakdown
of marriage. Irretrievable Breakdown of Marriage is when, despite the parties' best efforts,
their marriage cannot be restored to as it was before. It is often used as a no-fault ground for
divorce, meaning that neither party needs to prove that the other is at fault for the breakdown
of the marriage.

Through this court tries to provide complete justice . Article 142 provides a unique power to
the Supreme Court, to do “complete justice” between the parties, where, at times, the law or
statute may not provide a remedy. In those situations, the court can extend itself to put an end
to a dispute in a manner that would fit the facts of the case.

Landmark judgments
1. Shilpa Saliesh v Varun Sreenivasan [2023]
2. Amardeep Singh vs Harveen Kaur [ 2017]

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Can Consent Be Withdrawn In Mutual Consent Divorce?

The parties to a mutual consent divorce can withdraw their consent before the decree is
passed. If both parties agree to withdraw, the court can dismiss the petition. However, if only
one party withdraws, the other party can file for a contested divorce.

The court will not consider the application for withdrawal if it finds it to be not genuine. The
parties must inform the court of their intention to withdraw through an application. If a party
fails to do so, the court may assume that they have not withdrawn consent.

The parties can save time and money by opting for a mutual consent divorce. It is a simpler
and less complex process compared to a contested divorce.

Time Period for Withdrawal of Consent in Mutual Consent Divorce:

 Before 6 months: Either party can freely withdraw their consent and prevent the
divorce from proceeding.
 After 6 months but before the decree: The court has the discretion to allow
withdrawal, but it may be more difficult. The court will consider various factors, such
as the reason for withdrawal, the progress of the divorce proceedings, and the
potential impact on the parties involved. In some cases, the court may require
additional documentation or evidence to support the withdrawal request.

4- Succession in India as per Indian succession act, 1925

Succession

Succession under the Indian Succession Act, 1925 refers to the legal process by which the
assets and liabilities of a deceased person are transferred to their heirs or beneficiaries. The
Act provides a framework for the distribution of the deceased's estate, whether they died with
a valid will (testate) or without one (intestate).

Key Concepts of Succession Under the Act:

1. Testate Succession:

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 o This occurs when the deceased has left a valid will. The will outlines how the
deceased wishes their property to be distributed among beneficiaries. The
executor named in the will is responsible for administering the estate
according to the terms of the will.

2. Intestate Succession:
o This applies when a person dies without a valid will. In such cases, the
distribution of the deceased's estate follows the rules set out in the Indian
Succession Act, which vary depending on the deceased's religion (Hindu,
Muslim, Christian, etc.).

3. Rights of Heirs:
o The Act specifies the rights of various classes of heirs and how the estate is to
be divided among them. It recognizes both immediate family members and
more distant relatives based on the laws applicable to the deceased's
community.

4. Letters of Administration:
o In the absence of a will, heirs must apply for letters of administration to
manage and distribute the deceased's estate. This legal document grants them
the authority to do so.

5. Probate:
o For testate succession, the will must be probated, which means it has been
verified and accepted by the court. Probate gives the executor the legal
authority to administer the estate as per the will.

6. Types of Property Covered:

o The Act governs both movable and immovable property. It outlines how
various assets, including bank accounts, real estate, and personal belongings,
are to be managed and distributed.

7. Special Provisions:
o The Act includes specific provisions for different communities, reflecting the
diverse practices related to inheritance and succession in India.

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 8. Contestation and Disputes:
o The Act provides procedures for contesting wills and resolving disputes over
succession, allowing interested parties to challenge the validity of a will or the
claims of heirs.

1. Will

Will is defined under section 2(h) of Indian Succession Act 1925-

(h) “will” means the legal declaration of the intention of a testator with respect to his property
which he desires to be carried into effect after his death.

In the laws of wills, will is the legal expression or declaration of a person’s mind or wishes as
to the disposition of his property to be performed or take effect after his death. Any
instrument whereby a person makes a disposition of his property to take effect after his death

The essential characteristics of a will is that it is a mere declaration of an intention so long as

the testator is alive, a declaration that may be revoked or varied according to the variation in
his intention, a disposition that requires the testator’s death for its consummation.

A will is not always written. While a written will is the most common and preferred form for
legal clarity, there are circumstances under Indian law where a will may be oral or informal.
These are known as privileged wills, which are allowed for certain categories of people under
specific conditions.

Here's a breakdown:

1. Written Will (Most Common Form):

o For the vast majority of people, a will is expected to be in writing, signed by the
testator, and attested by two witnesses. This is the most legally accepted form,
providing clarity and reducing the chances of disputes.

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2. Oral Will (Nuncupative Will or Privileged Will):

o Privileged individuals, such as soldiers, airmen, or mariners who are in active service
or at sea, may make an oral will (also known as a nuncupative will).
o Legal Basis: Section 66 of the Indian Succession Act, 1925, allows these individuals
to make a will without observing the formalities required for an unprivileged will. The
will may be made orally or written by another person.

Conditions for an Oral Will:

o It is valid only for individuals serving in military capacities or those at sea (e.g.,
soldiers or mariners) during times of risk or danger.
o It must be made in exceptional circumstances, often where there is no immediate
access to legal resources for drafting a written will.
o The oral will must be clear and must express the testator's intent regarding the
disposition of their property after death.
o Witnesses to the oral will must be able to testify to its content and to the fact that it
was the testator’s genuine intention. An oral will must be made in the presence of
two witnesses.
o If the individual survives for more than a month after making the oral will, it becomes
invalid unless put into writing.
o Oral wills are an exception to the general rule and are only applicable in special
circumstances under Indian law.

3. Holographic Will:

o A holographic will is a will entirely handwritten by the testator but not attested by
witnesses. While it’s technically written, it is informal and may be considered less
reliable in legal proceedings unless proven to be authentic.

2. Probate

Probate is the act or process of proving a will. Probate is defined under section 2(f) of Indian
Succession Act 1925-

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(f) “probate” means the copy of a will certified under the seal of a court of competent
jurisdiction with a grant of administration to the estate of the testator.

A copy of a will without court certification or a grant of probate or administration is only an

order to transfer the deceased's property. It doesn't prove the will is valid.

Probate is the legal process for administering a deceased person's estate, whether they left a
will or not. It involves the general administration of the decedent’s will or, in the absence of a
will, the distribution of their estate. This process includes collecting the deceased's assets,
such as bank accounts, real estate, and financial investments, paying any outstanding
liabilities, and distributing the remaining assets to the beneficiaries.

An executor, named in the will, or an administrator, appointed if there is no will, is

responsible for carrying out these duties.

Probate cannot be given to someone who is a minor or mentally unfit. If the only executor or
main beneficiary of the will is a minor, the court can grant letters of administration (with the
will attached) to the legal guardian or another suitable person. This arrangement stays in
place until the minor becomes an adult, after which probate can be granted to the executor.

3. letter of administration

Administrator is defined under section 2(a) of Indian Succession Act 1925-

(a) “administrator” means a person appointed by competent authority to administer the estate
of a deceased person when there is no executor;

Letters of administration are legal documents that grant authority to an individual, known as
the administrator, to manage the estate of a deceased person who died without a will or
without appointing an executor.

Key Difference between Probate and Letters of Administration:

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o Probate is granted to the executor named in the will.

o Letters of administration, on the other hand, are required when no executor is nominated
in the will or if the deceased left no will. In such cases, the beneficiaries must apply for letters
of administration.

Letters of Administration with the Will Annexed:

When no executor is appointed in a will, legatees under the will may apply for letters of
administration with the will annexed. Under Section 232, this is granted to the universal or
residuary legatee when no executor is named, or if the executor is legally incapable, refuses
to act, or has died before proving the will, or after proving but before administering the
estate. The legatee must first prove the will, and then letters of administration can be granted
for part or all of the estate.

o These letters cannot be granted to minors or persons of unsound mind.

o They are primarily granted to universal or residuary legatees, but if these individuals
are unavailable or unwilling, others with a beneficial interest, creditors, or those
entitled to administer the property may apply.
o If the legatee is a minor, letters may be granted to a legal guardian until the minor
attains majority.
o A petition for such letters can be filed under Section 276 by submitting the will,
stating the time of death, assets, and the petitioner's role in the will.

4. Succession certificate

Part X of ISA, 1925 deals with succession certificate. A succession certificate is a legal
document that establishes the rightful heirs of a deceased person and their entitlement to the
deceased's assets and properties. It is issued by the court to the legal heirs of a deceased
person who did not leave a will.

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 SUMMARY

Term Definition Key Points

Will A legal document outlining a person's - Takes effect upon the

wishes for asset distribution after death. testator's death.
- Can be contested in court.
- May specify beneficiaries
and executors.
Probate The legal process of validating a will - Involves proving the will's
and administering the estate. validity in court.
- Appoints an executor to
manage the estate.
- Determines distribution if
no will exists.
Letter of A document granting authority to - Issued to a close relative,
Administration manage the estate of a deceased person often the administrator.
without a will. - Handles distribution
according to intestacy laws.
- Applies when there is no
will.
Succession A document certifying the rightful heirs - Validates heirs' entitlement
Certificate of a deceased person's property. to movable assets.
- Used primarily for assets
like bank accounts and
stocks.
- May not cover real estate.

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 OBSERVATION

My 30-day internship was a real eye-opener. It wasn't just book learning; it was seeing the
law in action. I experienced the busy courtrooms, learned from experienced lawyers, and did
a lot of research.

What Court is Really Like:

 I saw how cases play out, not just read about them. I watched witnesses, cross-
examinations, and how lawyers strategize, observing the subtle cues and verbal
techniques used to elicit information. I began to understand the importance of
composure and strategic thinking in the courtroom environment.
 I learned that the court follows rules, but it's not always strictly rigid. I witnessed the
delicate balance between adherence to procedure and the practical realities of
resolving disputes. I saw lawyers make deals outside the courtroom, which was
different from how they acted inside, highlighting the importance of negotiation and
compromise in legal practice.

Law is More Than Words:

 I saw real legal documents, like those on green paper, which made the law feel more
real. Handling these documents, and seeing the meticulous detail involved in their
creation, gave me a tangible connection to the legal process.
 I also learned that legal documents can be changed, showing that the law can adapt.
This demonstrated the dynamic nature of legal practice, where flexibility and
responsiveness are crucial.

Learning From Everyone:

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  I talked to court staff, people involved in cases, and witnesses. This helped me
understand how different people use the legal system, and the diverse perspectives
that shape legal outcomes. I realized that the legal system is not just about lawyers
and judges, but about the people it serves.
 Talking to different lawyers, including government lawyers, taught me about different
kinds of legal work. I gained insight into the varied specializations within the legal
profession and the unique challenges associated with each.

Research in the Real World:

 I didn't just read law books; I analyzed real cases and legal ideas. This made me better
at research, and I learned to apply legal principles to specific factual scenarios. I also
learned the importance of finding and utilising relevant precedents.

Mentors Make a Difference:

 Experienced lawyers taught me about ethics, real-life problems, and the details of law.
They helped me understand what it takes to be a good lawyer, emphasizing the
importance of integrity, diligence, and client advocacy.

Learning to Handle Pressure:

 I learned to manage my time and work under pressure. This helped me grow as a
person, and I developed the ability to remain calm and focused in a fast-paced and
demanding environment.

A Real Learning Experience:

 Seeing legal principles used in real cases was amazing. This internship helped me
connect what I learned in school to the real world, and it prepared me for my future
legal career, giving me a practical foundation upon which to build my legal
knowledge and skills.

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 CONCLUSION

This enriching internship has concluded, leaving me with a wealth of new knowledge and
invaluable lessons. It was far more than observing cases and drafting documents; it was a
transformative immersion into the core of the legal system.

A Launching Pad for the Future:

 This experience was not merely a stepping stone, but a launching pad for my legal
aspirations.
 The insights gained into courtroom dynamics, the confidence in conducting legal
research, and the exposure to various legal areas have fueled my motivation to pursue
a career in this field.

Witnessing Law in Action:

 Textbooks came alive as I witnessed legal principles unfold in courtrooms.

 Coordinating with public agencies highlighted the collaborative nature of justice.
 Assisting with juvenile delinquency cases ignited a passion to advocate for those in
need.
 Each interaction, from client meetings to cross-examinations, honed my
communication skills, a crucial tool for navigating the nuances of the legal world.

Beyond Textbooks:

 The internship transcended classroom learning.

 Researching rent laws, accompanying lawyers to hearings, and handling various legal
tasks equipped me with practical skills no textbook could offer.

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  Adapting to a dynamic work environment and managing diverse responsibilities
fostered personal growth and resilience.

Beyond Self-Growth:

 Building connections with esteemed lawyers and fellow interns has woven a network
of support and mentorship that extends beyond the internship's timeframe.
 I am grateful for the guidance and knowledge shared, which will continue to shape
my trajectory.

In Conclusion:

 This internship has etched itself onto my personal and professional roadmap.
 It was not merely an academic exercise; it was a catalyst for growth, equipping me
with the skills, knowledge, and passion to confidently navigate the challenges and
opportunities that lie ahead in my legal journey.

REFERENCE

Offline sources:-
 Bare act of the Bharatiya Nyaya Sanhita, 2023
 Bare act of the Hindu Marriage Act, 1955
 Bare act of the Indian Succession Act, 1925
 Bare Act of the Negotiable instrument Act, 1881
 Bare act of Criminal Procedure Code, 1973

Internet Sources:-
1. https://www.indiacode.nic.in
2. https://blog.ipleaders.in
3. www.indiankanoon.org
4. https://prsindia.org
5. https://superlawyer.in
6. www.legalserviceindia.com
7. https://www.legallyindia.com
8. https://www.barandbench.com

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