Final Report IV Sem

Nirma University Institute of Law IV Semester B.A.LL.B. (Hons.)Course

Report of III Internship Training With Trial Court As a part of Clinical Training For the Academic year (2010-11)

Prepared & Submitted By ALOK RATNOO: (09BAL102)

Trial court internship-ILNU

2010-11

Table of Content Sr. No Subject

Page No

1

Preface

3

2

Acknowledgement Acknowledgement

4

3

Certificate

5

4

List of abbreviations

6

5

Brief about Courts visited

7-13

6

Brief reporting of the cases attended 14-26 & observed during the Training

7.

Brief about the Lawyer & his Firm

8

Your Experience during the Training 29-30

9

31

Appendix 1.

Weekly

27-28

Reports

Prepared & submitted by ALOK RATNOO(09BAL102)

I-VI

Page

2


2010-11

Table of Content Sr. No Subject

Page No

1

Preface

3

2

Acknowledgement Acknowledgement

4

3

Certificate

5

4

List of abbreviations

6

5

Brief about Courts visited

7-13

6

Brief reporting of the cases attended 14-26 & observed during the Training

7.

Brief about the Lawyer & his Firm

8

Your Experience during the Training 29-30

9

31

Appendix 1.

Weekly

27-28

Reports


I-VI

Page

2


2010-11

1.Preface This project is an outcome of the three weeks placement Programme of Institute of law, Nirma University for the students of Third semester. The main constituents of the project are the report on cases observed at the trial court during the internship, the research on related issues and the weekly report of my work. I have tried my best to do justice with my activities and put it in black and white with the same effort as I did it during the interns.

________________________ Date:

Name & Signature of Trainee


Page

3


2010-11

2.ACKNOWLEDGEMENT I owe a great many thanks to a great many people who helped and supported me during the Internship programme at trial court at Jodhpur. My deepest thanks to Advocate Dr. Sachin Acharya under whom I interned, for guiding me with attention and care. He has taken pains to teach me the intricacies, procedures and practicality of courts. Thanks and appreciation to the helpful people at Dr. Sachin Acharya & Associates , for their support.

I would also thank my Institution and my faculty members without whom this project would have been a distant reality. I also extend my heartfelt thanks to my family and well wishers.


Page

4


2010-11

Certificate:


Page

5

Trial court internship-ILNU 4.List

2010-11

of abbreviations

1. Hon¶able ± Honourable 2. H.C. - High Court 3. S.C. ± Supreme Court 4. D.J ± District Judge 5. ADJ ± Additional district judge 6. CJM ± Chief Judicial magistrate 7. ACJM ± Additional judicial magistrate 8. MMC and MMD ± Munsiff Magistrate civil and district 9. AMJM ± Additional Munsiff Judicial Magistrate 10. N.D.P.S. ± narcotic drugs and psychotropic substances 11. M.A.C.T ± Motor Accident¶s Claim Tribunal 12. R.A.T ± Rajasthan Administrative Tribunal 13. Cr.P.C ± Code of criminal procedure, 1973 14. C.P.C ± Code of civil procedure, 1908 15. SCC ± Supreme court cases 16. P/W ± Prosecution witness 17. D/W ± Defense witness 18. u/s- under section 19. I.P.C.- Indian Penal Code, 1860 20. R.H.J.S- Rajasthan Higher Judicial Services 21. S.B.- Single Bench 22. D.B- Division Bench 23. H.M.A- Hindu Marriage Act, 1955 24. Misc- Miscellaneous.


Page

6

Trial court internship-ILNU 5.Brief

2010-11

about the courts visited:

1. History of Jodhpur High Court and Rajasthan judiciary: A cluster of Princely States with an oasis known as Ajmer-Merwara, a British India Territory, was given geographical expression as Rajputana. These Twenty and odd Rajputana States before 20th Century AD were dynastic and the Rulers also known as Princes were the fountain head of all Executive, Legislative and Judicial Authority in the States, In every state there were Jagirdars also and in some they were known as Kotri Thikanas. Except few benevolent rulers in some states the most of them represented the despots of princes and their orders. People had no hand in administration and there were no democratic institutions. People awaited day of their liberation from feudal clutches and peasants, workers and women, their emancipation. As soon as the country got free dom from British Imperialism, to make the history of these Princely States, the history of the

past,

the

most

dynamic

and

Home powerful

Minister of

India Sard ar

V allabh Bhai P atel started the process of integration of the States to form bigger units and

this process in Rajputana started in March, 1948. A greater Rajasthan was formed when Jaipur, Jodhpur, Bikaner and Jaisalmer also joined the United States of Rajasthan. Maharana Udaipur was made Maharaj Pramukh muk h. This new State of Rajasthan was with Sawai M an S ing h of Jaipur as Raj P ra

inaugurated by Sardar Patel on 30/3/1949 at Jaipur but it actually came into existence on 7/4/1949. Despite this inauguration, the High Court was no formally established simultaneously and existing arrangements at these newly joined States continued. The process of integration of all states was completed only when Matsya union also merged on ahar aja Sawai 15.5.1949. The F irst Hig h Court of Rajasthan was inaugurated by H.H. M M an S ing h Ji of Jaipur at Jodhpur on 29.8.1949. Hon¶ bl e C hief Justice K amala K ant Verma and 11 other judges were administered the

oath of office by Maharaja Sawai Man Singh of Jaipur at Jodhpur High Court premises on 29.8.1949. These 11 judges represented virtually most of the Princely States, except Hon¶ble Chief Justice Kamala Kant Verma, who came from Allahabad. Hon¶ble Mr. Prepared & submitted by ALOK RATNOO(09BAL102)

Page

7


2010-11

Justice Naval Kishore, and Hon¶ble Mr. Justice Amer Singh of Jasol were from Jodhpur, Hon¶ble Mr. Justice K.L. Bapna, and Hon¶ble Mr. Justice Ibrahim were from Jaipur, Hon¶ble Mr. Justice J.S. Ranawat and Hon¶ble Mr. Justice Shardul Singh Mehta were from Udaipur, Hon¶ble Mr. Justice DS Dave was from Bundi, Hon¶ble Mr. Justice Tirlochan Dutt was from Bikaner, Hon¶ble Mr. Justice Anand Narain Kaul was from Alwar, Hon¶ble Mr. Justice K.K. Sharma was from Bharatpur, Hon¶ble Mr. Justice Khem Chand Gupta was from Kota. The Principal Seat of High Court was kept at Jodhpur and the Benches at Kota, Jaipur and Udaipur. The Constitution of India came into force on 26.1.1950 and the State of Rajasthan therein was given the status of µB¶ Class State. The strength of the High Court Judges was also reduced and it was also essential that the Judges must confirm to the eligibility provided under the Constitution of India. The result was that Hon¶ble Chief Justice Verma could not be continued and had to laid down his office since he had completed the age of 60 years. In the vacancy caused by retirement of Hon¶ble Mr. Justice Naval Kishore and Justice Ibrahim, two eminent lawyers Viz. Indra Nath Modi from Jodhpur, and Shri D.M. Bhandari from Jaipur were elevated to the Bench. In 1956 State Re-organisation Act was passed. Consequent upon the recommendation of State Re-organisation Commission, the Union Territory of Ajmer Merwara which had the Status of Part µC¶ States, Abu, Sunel and Tappa areas merged into the State of Rajasthan and the Reorganised Unit is the Rajasthan of today which was given the status of µA¶ st

Class State, on 1 November, 1956. The Rajasthan High Court as µA¶ Class State started with the strength of only 6 judges. For scrutinising as to whether the standard of working of all the Judges of the Rajasthan High Court as part µB¶ State was as high as that of the Judges of the part µA¶ State, the then Chief Justice of India, Hon¶ble Mr. Justice S.R. Das came to Rajasthan. He observed that functioning of the High Court by sitting with the Hon¶ble Judges in the Court and found that all the 6 Judges were fit to be appointed and on his recommendation, the President of India, issued fresh warrants of appointment and once again the Oath taking st

ceremony took place on 1 Nov., 1956. Four Judges Viz. Justice Bapna, Justice Ranawat, Prepared & submitted by ALOK RATNOO(09BAL102)

Page

8


2010-11

Justice Sharma and Justice Bhandari used to sit in the Jaipur Bench, while Justice Dave and Justice Modi used to sit at Jodhpur, Chief Justice Wanchoo sitting at both places. The Bench at Jaipur was initially abolished in the year 1958, however was again established with effect from 31.1.1977. The strength of the High Court, since thereafter went on increasing which has now become to 32 Judges.

Subordinate or District Courts: There is a pecking order of district level courts or subordinate courts under the H igh Court of Rajasthan. The District Courts or the Subord inate Court judges are generally termed as Subordinate Judicial Service. The state is divided into 33 judicial districts which are presided over by sessions or district judges who exercise the highest judicial authority in a district and can even try all kind o f offences including those punishable by deat h. Thus the lower judiciary of Rajasthan consists of 33 courts of District & Sessions Judges  108 Courts of Additional District & Sessions Judges  697 Judicial officers working as Civil Judges (Senior Division)as well as Chief Judicial Magistrates, Additional Civil Judges as well as Additional Chief Judicial Magistrates and Civil Judges (Junior Division) as well as Judicial Magistrates.

Lok Adalats- µLok Adalat¶ : The term means people¶s court. This court has the authority to conduct trials and is presided over by a retired or a sitting judge. The Lok Adalat aims at prompt settlement of disputes relating to various public utility services such as hospital, po st, transport, telegraph, water, power and so o n. The order issued by the Adalats is unquestionable. Over the years Rajasthan has excelled in the disposal of cases with the help o f Lok Adalats.


Page

9


2010-11

Eminent Jurists from Rajasthan:  Justice Jawan Singh Ranawat (Formulator of the Ranawat Finance Commission) 

Nagendra Singh( President of the International Court of Justice, the Hague,

Netherlands)  Justice Chand Mal Lodha  Justice Daulat Mal Bhandari  Justice Milap Chand Jain  Justice Kan Singh Parihar  Justice Narendra Mohan Kasliwal  Guman Mal Lodha  L. M. Singhvi  Rajesh Balia  Sampat Singh Bhandawat


Page 10


2010-11

2. Description of Bar council of Rajasthan:

The Bars Council of Rajasthan, Jodhpur is an Autonomous body established and constituted in the year 1961 under the provisions of Advocates Act 1961 which provide for establishment of State Bar Councils in Section 3 thereof with a maximum of 25 elected members. The Advocate General the State Rajasthan is the ex-officio chairman of Rajasthan Bar Council. The election to the Rajasthan Bar Council takes place by a complex process wherein the electorate comprises of every single lawyer enrolled in Rajasthan. The counting involves elimination by preferential voting basis and the 25 members securing highest votes get elected to the office for a period of 5 years. Amongst these elected members by internal elections, office of the Chairman and Vice Chairman as also nomination to the Bar Council of India takes place. The office of Rajasthan Bar Council is situated at High Court Premises, Jodhpur.

The Bar Council of Rajasthan, Jodhpur is the apex body of Lawyers that regulates the entry into, discipline and retirement from the profession. The important function of Bar Council of Rajasthan is to admit persons on its Roll as Advocates so as to grant them permission to practice law. In its disciplinary Jurisdiction the Bar Council of Rajasthan entertains and determines cases of professional and other misconduct on complaint or even suo moto and also works to safe guard the interest of the Advocates. The Bar Council of India on the other hand comprises of members elected and nominated by each of the State Bar Council. The 10th Bar Council of Rajasthan came to be constituted in the year 2004 and comprises now of 22 elected members and one co-opted member. The Secretary of the Bar Council is a full time employee and has a team of around 19 persons. The Bar Council of Rajasthan, Jodhpur is also the trustee of the fund established and maintained under the provision of Rajasthan Advocates Welfare Fund Act, 1987 wherein not only retirement benefits to its member Advocates are conferred by the Bar Council but even financial assistance in case of death or bodily injury is provided to its members by the Rajasthan Bar Council.


Page 11

Trial court internship-ILNU 3.

2010-11

Brief about trial courts and the hierarchy:

There is a pecking order of district level courts or subordinate courts under the High Court of Rajasthan. The District Courts or the Subordinate Court judges are generally termed as Subordinate Judicial Service. The state is divided into 33 judicial districts which are presided over by sessions or district judges who exercise the highest judicial authority in a district and can even try all kind of offences including those punishable by death. Thus the lower judiciary of Rajasthan consists of 33 courts of District & Sessions Judges  108 Courts of Additional District & Sessions Judges 

697 Judicial officers working as Civil Judges (Senior Division)as well as Chief

Judicial Magistrates, Additional Civil Judges as well as Additional Chief Judicial Magistrates and Civil Judges (Junior Division) as well as Judicial Magistrates.

The hierarchical order of courts in Jodhpur is as follows: a. S.C. as the apex judicial body at New Delhi. b. H.C. of Rajasthan (Jodhpur Bench) c. Sessions court (D.J. rank)-Jodhpur, he is vested with administrative powers over the lower judiciary and is the highest court in the lower judiciary. d. There are some special courts established by H.C. and are also under H.C. which also has the judges of D.J. rank. The special courts of jodhpur are: 1. N.D.P.S court, 2. A.C.D court, 3. C.B.I court, 4. Labour court, 5. Family court and 6. M.A.C.T court. e. Then directly under Sessions court are A.D.J courts. Other special A.D.J courts are SC/ST and Fast track courts. These have judges of A.D.J ranks. f.

The next lower courts are of C.J.M¶s courts. Under these the courts are divided into two categories: a. senior division (as A.C.J.M¶s) the courts are A.C.J.M courts and other courts under it are Economic offenses act court and C.B.I court.


Page 12


2010-11

B. junior division (as A.M.J.M¶s) the courts are A.M.J.M courts and the courts under this banner are M.M.C, M.M.D (rural) and N.I. court 1 & 2. g. There is also 1 mobile court o f A.M.J.M rank. h. The other judicial organs and tribunals are: R.A.T, Consumer court and C.A.T (it is assumed to be of H.C. rank).

Number of courts in lower judiciary in Jodhpur and the methodology by which the work is distributed among them: There is 1 district and sessions judge court, it is highest court authority in the district. There are a total of 4 A.D.J¶s courts in Jodhpur out of which 1 A.D.J court is in the town of Phaludi. These are vested with both civil and criminal jurisdiction. Then there are 4 Fast track courts of A.D.J rank.

Where

f/t 1 is exclusively having criminal jurisdiction, f/t

2 & 3 are vested with both criminal and civil jurisdiction and f/t 4 is having M.A.C.T + criminal jurisdiction. Then there is 1 C.J.M court with criminal and civil jurisdiction. There are 4 senior division ACJM courts under CJM with one ACJM court to hear matters pertaining to rent tribunal and civil matters(the appeal from here lies directly to DJ ) while other 3 courts to have both civil and criminal jurisdiction. Then there are 7 junior divisions AMJM courts with civil and criminal jurisdiction and also have 1 mobile court of AMJM rank. And there are 6 special courts of DJ rank as mentioned abo ve inµd¶.

Now the work distribution rights: First of the cases with pecuniary interests of more than Rs.50, 000 and on the basis of territorial jurisdiction are listed in DJ court, who then distributes these cases to respective ADJ¶s and F/T courts. He is vested with powers from Cr.P.C and C.P.C. He has the power to grant anticipatory bail under Sec. 438 of Cr.P.C. CJM also have power to transfer cases listed to it, it have a pecuniary jurisdiction between Rs.25,000 to Rs.50,000 and can transfer cases to ACJM¶s and AMJM¶s have pecuniary jurisdiction of Rs.25,000 and less. All the courts thus have powers envisaged by Cr.P.C and C.P.C Thus this was a brief of courts visited by me during my internship under trial court internship programme.


Page 13

Trial court internship-ILNU 6.Brief

2010-11

reporting of the cases attended & observed

during the Training: Case no.1: Kheta Ram and ors vs. State of Rajasthan 1. Brief facts of the complaint:

The facts of the case as set out during the trial is that in village Bardlia, District Jodhpur there are two factions, one headed by Sarpanch Kharta Ram and other by accused Magna Ram. Kharta Ram and Magna Ram pitched against each other in the last

Panchayat election held somewhere in April, 1978. Kharta Ram won the election. The members of the complainant party belong to Kharta Ram's party while the accused persons are in the camp of accused Magna Ram. It is alleged that the accused party became inimical with the complainant party, and on 11.9.1978 went to the shop of Kishna Ram and killed him. They also thrashed other member of the complainant party. F.I.R. of the incident was lodged by Kheraj Ram at Police Station, Jhanwar, stating inter alia that: at about 11.00 AM while he was sitting on his shop alongwith his brother Basta Ram and deceased Kishna Ram, the accused persons namely Kheta Ram, Kera Ram son of Rawat Ram, Magna Ram, Joga Ram, Gokul Ram, Mangla Ram, Deva Ram, Chotha Ram, Dera Ram, Bhakar Ram, Mukna Ram, Mana Ram, Jetha Ram, Kera Ram son of Nena Ram, and Boraram arrived with a view to kill them. They were armed with lathis, dhariyas and Balams. Kheta Ram gave a dhariya blow on the head of Kishna Ram. On account of the injuries sustained while he was reeling down he gave another blow on his leg. On the intervention of Basta Ram, Keraram inflicted injury on him by dhariya. When Kheraj Ram and Chena Ram intervened, Mangla Ram inflicted injury on Kheraj Ram by dhariya. Magna Ram inflicted lathi blow on the head of Chena Ram. Thereafter all the accused persons be laboured the victims who had fallen on the ground. On hearing their cries, Kishore Singh, Gokul Ram, Bhinya Ram etc. arrived. On this information the police registered a case for offence under Sections

307, 324, 323,


147, 148 and 149, Page 14

Trial court internship-ILNU I.P.C.

2010-11

and proceeded with investigation. Kishna Ram died in the hospital and as such

offence under Section

302, I.P.C.

was added. After usual investigation the police laid

charge-sheet against 14 accused persons and Kheta Ram. All the accused persons pleaded not guilty and claimed trial. 2. Brief about the charges:

As have been mentioned in the facts and circumstances above the charges levied against the accused were of I.P.C under Sections 302, 307, 324, 323, 147, 148 and 149, I.P.C. 3.

Analysis of the statement of witness:

Here are the analysis of the statement of the eyewitness i.e. Kheraj Ram i.e. the complainant who lodged the FIR. He stated ´ at about 11.00 AM while he was sitting on his shop alongwith his brother Basta Ram and deceased Kishna Ram, the accused persons namely Kheta Ram, Kera Ram son of Rawat Ram, Magna Ram, Joga Ram, Gokul Ram, Mangla Ram, Deva Ram, Chotha Ram, Dera Ram, Bhakar Ram, Mukna Ram, Mana Ram, Jetha Ram, Kera Ram son of Nena Ram, and Boraram arrived with a view to kill them. They were armed with lathis, dhariyas and Balams. Kheta Ram gave a dhariya blow on the head of Kishna Ram. On account of the injuries sustained while he was reeling down he gave another blow on his leg. On the intervention of Basta Ram, Keraram inflicted injury on him by dhariya.

When

Kheraj Ram and Chena Ram

intervened, Mangla Ram inflicted injury on Kheraj Ram by dhariya. Magna Ram inflicted lathi blow on the head of Chena Ram. Thereafter all the accused persons be laboured the victims who had fallen on the ground. On hearing their cries, Kishore Singh, Gokul Ram, Bhinya Ram etc. arrived. Kisna Ram d ied in the Hospital´. 4.

Other documentary evidence:

a. Copy FIR, b. Copy of Charge-sheet, c. Copy of post-mortem report, d. FSLreport


Page 15

Trial court internship-ILNU 5.

2010-11

Gist of arguments:

The prosecution in support of the case examined 20 witnesses and produced certain documents. The accused persons in their statement under Section 313, Cr. P.C. stated that the prosecution evidence appearing against them is false. They also examined three witnesses in defence. 6.

Court findings and Judgment:

The trial court found the evidence of the eye witnesses as against acquitted eight accused persons vague, loose and omnibus. The court found that mere presence of the eight accused persons on the place of occurrence is not sufficient to make them members of unlawful assembly. The court also found that the evidence of the eye witnesses is reliable to the extent that the seven accused persons, viz. Kheta Ram (since dead), Keraram son of Rawat Ram, Kera Ram son of Nena Ram, Mangla Ram, Deva Ram, Gokul Ram, and Magna Ram went together to the shop of the deceased victim. Three of them viz. Kheta Ram, Magna Ram and Kera Ram son of Rawat Ram were armed with Dhariyas and remaining four with lathis. These persons administered blows on the members of the complainant party and left the place together. The court also held that it was only Kheta Ram who inflicted injuries to deceased Kishna Ram. However the court found that from the evidence it does not appear that Kheta Ram intended to cause death of Kishna Ram. Thus in the opinion of the trial court the matter falls within third part of Section 299, punishable under second part of Section 304, I.P.C. In view of the finding the learned trial court convics six accused persons for offence under Section 304 part II read with Section 149, I.P.C. The accused persons have also been convicted under various allied offence and sentenced as noticed above.


Page 16


2010-11

Case no.2: S.B. Civil Misc. Appeal no. 1 382/2007 In

H.C of Rajasthan at Jodhpur

Appellant: Smt. Kuljeet kaur Vs. Respondent: Harvinder Singh

Civil miscellaneous appeal under section 28 of H.M.A. 19551 against the judgment & decree dated 20/07/06 passed by Shri Mahendra Maheshwari, R.H.J.S learned District judge, Pali in civil misc. case no. 128/05 Whereby

petition under section 11 of H.M.A 1955 2, filed by the respondent is allowed

Previous disposition: 1. That a previous petition u/s 11 of HMA 19553 came to be filed by the respondenthusband on 18.08.200 before the learned D.J. Pali. 2. In that petition, it was submitted that the respondent got married to the appellant on 25.07.200 at Pali & they were blessed with a male child named ¶Sahaj¶ on 06.07.03, who is in the custody of wife. Father of the appellant and the respondent were having business relationships and later on certain misunderstanding developed which have had impact on the marital status. On 30.12.03 a document of dissolution of marriage was executed between the parties & since then the parties were not residing together. 3. The main plea taken by the respondent in his petition u/s 11 of HMA was that both the parties were µSapind¶ and therefore the marriage is void and null.

1

28. Enforcement of, and appeal from, decrees and orders.All decrees and orders made by the court in any pr oceeding under this Act shall be en forced in like manner as the decrees and orders of the court made in the exercise of the original civil jurisdiction are enforced, and may be appealed from under any law for the time being in force. Provided that there shall be no appeal on the subject of costs only. 2

11. Void marriages.Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5. 3 Ibid Prepared & submitted by ALOK RATNOO(09BAL102)

Page 17


2010-11

4. After conclusion of the trial, the learned district judge proceeded to allow the petition u/s 11 of the HMA filed by the respondent husband & declare the marriage solemnized between the parties null & void. Being aggrieved by the impugned judgment & decree the present appeal is preferred on the following amongst other grounds without prejudice to each other. Grounds for the appeal: 1. Impugned judgment is not tenable in the eyes of law. 2. D.J. proceeded with an assumption that µsapind¶ marriage is null and void but t he appellant was unable to prove that in her community such a marriage are done. Thus, the marriage between parties cannot be said to be null and void, as custom or usages permit such marriages. Husband want to blow the hot and cold at the same time as he himself have solemnized the marriage between them with open eyes & even have a son. The husband was also ready to take back the appellant if he be given money. 3. Once being living as husband and wife for 5 years respondent is estopped from raising grievance of the marriage being void on account of the parties being µsapind¶ thus decree is liable to be set-aside. A misc. application u/s 5 of Limit ation Act 4 was also filed as when the impugned order was passed on 20.07.06, but the appellant could get the information about the decision only on 15.10.06, & the appeal due to unavailability of lawyer of the appellant was filed on 7.11.06. This delay was unintentional & bonafide. The appellant was not going to receive any benefit from the de lay.

4

5.Extension of prescribed period in certain cases Any appeal or any a pplication, other than an application under any of th e provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908) may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he ha d sufficient cause for not preferring the appeal or making the application within such period. Explanation - The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in a scertaining or computing the prescribed period may be sufficient cause within the meaning of this section Prepared & submitted by ALOK RATNOO(09BAL102)

Page 18


2010-11

Case no. 3: Division Bench civil Special Appeal (writ). In

the Single Bench Civil Writ petition (2007).

Appellant: Smt. Sushila Devi Vs. Respondents: State of Rajasthan and others.

Dr. Sachin Acharya (my advocate) appearing for Respondent no.2- the gram panchayat, Rai Tunda, Tehsil: Taranagar, Dist-Churu, through its Sarpanch. 1. The appellant is having the qualification of B.A. and is permanent resident of Bhadang Tehsil, Taranagar. The state of Rajasthan issued a circular dated 15.09.2003 regarding the appointments and their removal of the Anganwari Workers.

In the circular, eligibility criteria for the same have been prescribed.

2. As per the circular dated 15.09.2003, the applications were invited on 25.02.2006 for the post of Anganwari worker from the eligible women by the Gram panchayat, Raitunda. The appellant submitted her application in pursuance of the above said circular. Respondent no-5 Smt. Tulsi Devi also having the eligibility for the same applied for it. 3. On 25.02.2006 meeting for the appointed purpose was held by the respondent no.2. Respondent no-5 was appointed in pursuance of the meeting. She was having 44.88% marks in B.A. & appellant having 51.05% marks in B.A. 4. As per the decision of the gram panchayat the candidature of the appellant was not considered on the grounds that, she was already appointed on the post of Asha and having not tendered any resignation from the same. Also as per the circular dated 15.09.2003 on the woman can be appointed only for 1 post. 5. It was submitted by the appellant that she was never appointed on the post of Asha & never received salary for the same. 6. Compliant regarding the same was done to all the relevant authorities. When there was no heed to the grievances, then a writ petition was filed by the appellant in 2006. 7. In the writ petition the R1 to R4 filed the reply and took the stand that as the appellant was appointed on the post of Asha and she has not tendered any Prepared & submitted by ALOK RATNOO(09BAL102)

Page 19


2010-11

resignation/consent letter from that post so it is not possible to the appellant to work upon two posts. R-5 did not file any reply to the writ petition and not controverted the averments and taken by the appellant. The R-5 was selected for the post. 8. Learned Single bench dismissed the writ petition of the appellant vide it¶s judgment dated 5.11.2007 & imposed the costs quantified at Rs. 2200/- payable to Respondent no-2. 9. The appellant hence is preferring the special appeal the special appeal Interalia to quash the judgment dated 5.11.2007 passed by the S.B Civil Writ(2007).


Page 20


2010-11

Case no. 4: S.B. civil writ petition no. 2192/2010: Petitioner: Managing committee, Shri Sumer Senior secondary school through its secretary Shri Kishore Singh Parihar. Vs. Respondents: 1. State of Rajasthan through Principal Secretary, Education Department. 2. Krishna Narayan Vyas. 3.

The Director, Secondary Education, Rajasthan, Bikaner.

4.

Rajasthan Non Government Education Institutional Tribunal. 5

Writ Petition under Article 22 6 of the Constitution of India & In

the matter of: 1. Rajasthan Non-governmental Education Institution Act 19 89. 2. Rajasthan N.G Educational Institution ( recognization Grant-in-aid service condition etc.) Rules 199 3.

5

226. Power of High Courts to issue certain writs (1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose (2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for th e exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories (3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ), without (a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and (b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is n ot so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the aid n ext day, stand vacated (4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme court by clause ( 2 ) of Article 32 Prepared & submitted by ALOK RATNOO(09BAL102)

Page 21


2010-11

List of events: 1. One of the employee of the petitioner institution i.e. respondent no.2 herein submitted u/s 21 of t he act of 1989 6 praying inter-alia that the petitioner be directed to give benefits of gratuity, benefit of senior and selection scale as per the Rajasthan Civil Services Revised Pay Scale Rules, 1998 and encashment of earned leave. 2. A reply to this application came to be filed by the petitioner denying the averments of the petition. Apart from this it was specifically prayed by the petitioner before the tribunal that the employee of the Tribunal that the employee of the Non-Government education institutions such as the present one are entitled to the pay and allowances only for the provision of the Act of 1989 and the rules of 1993 & not otherwise. 3. On 7.5.2010 learned Tribunal proceeded to allow the application of the respondent no.2 and directed the petitioner to advance the benefits of earned leave to the respondent, upto t he extent as prescribed by the state government rules. Hence, this writ petition.

6

Section 21. Application to th e Tribunal.-(1) Where there is any dispute between the management of a recognised institution and any of its employee with r espect to the conditions of service, the management of the employee may make an application in the prescribed manner to the Tribunal and the decision of the Tribunal thereon shall be final. (2) Any dispute of the n ature referred to in Sub-section (1) and an y appeal of the nature r eferred to in Section 19, pending before the State Government or any officer of the State Government immediately before the commencement of this Act, shall, as soon as may be after such commencement; by transferred to the Tribunal for its decision. Prepared & submitted by ALOK RATNOO(09BAL102)

Page 22


2010-11

Case no. 5: S.B. Civil Writ Petition: Petitioner: Jyoti Ramchandani Vs. Respondent: Harish Ramchandani 7

8

A writ petition u/a 22 6 & 227 of the Constitution of India & In In

the matter of H.M.A, 1955, & the matter of order dated 21.07.2010 passed by Shri Baldev puri Goswami,

learned Judge, Family court no.1, Jodhpur RHJS, in Civil Misc. original case. no. 335/2009

whereby inappropriate amount is awarded as interim maintenance under

section 24 of HMA 1955.

1. The petitioner- wife submitted an application u/s 24 of HMA 1955 9 for maintenance pendent l ite (interim maintenance). In a petition filed by the

husband- respondent seeking divorce from the petitioner before the learned Judge, Family Court, Jodhpur (hereinafter referred to as the learned trial court for short), which is pending consideration. The respondent filed a reply to this application and denied all the facts mentioned therein. 7

Refer footnote 5

8

227. Power of superintendence over all courts by the High Court (1) Every High Court shall have superintendence over a ll courts and tribunals throughout the territories interrelation to which it exercises jurisdiction (2) Without prejudice to the generality of the foregoing provisions, the High Court may (a) call for returns from such courts; (b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and (c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts (3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor (4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces 9

24. Maintenance pendente lite and expenses of proceedings.Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, h aving regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable. Prepared & submitted by ALOK RATNOO(09BAL102)

Page 23


2010-11

2. On 21.07.10, after hearing both the parties, the learned trial court proceeded to allow the application filed by the petitioner, however awarding maintenance pendent lite to the tune of R. 1500/- pm only and litigation expenses being Rs. 500/- only. Being aggrieved of the order whereby such paltry sum is given, hence this writ petition.


Page 24


2010-11

Case no. 6: S.B. Civil Writ Petition: Petitioner: Smt. Gulab Bai and others Vs. Respondent: Sh. Shyam Lal and others

1. 2005- a suit for partition came to be preferred by the respondent no.1- plaintiff Sh. th

Shyam Lal seeking relief that the plaintiff is entitled for 1/7

portion in the

property in dispute. The written statement to the aforementioned suit came to be preferred by the defendant no.1 Smt. Gulab Bai who died on 7.11.1997 and Sh. Kanhaiya Lal who died on 1.9.2006. whereafter the present petitioner along with his brother Shri Gopal being defendant no. 2/2 of the suit and his sister Smt. Kanta being defendant no. 2/3 in the capacity of the legal representative of defendant no. 2 Sh. Kanhaiyalal came on record. 2. It is just and proper to mention here that the claim of the respondent no.1 is based on two grounds essentially. Firstly, he has averred in his suit that the property in question was a joint property in the name of his father Sh. Amrit Lal, so also, other brothers and therefore, he has right on

apportion of the said property.

Secondly, it is claimed that through a will came to be executed by late Sh. Amrit Lal but then the said will is bogus and doubtful & therefore do not give credence and should not be relied upon. Certain other grounds have also been raised in the suit by the respondent no. 2. Similarly, a copy of this will executed by Smt. Gulab Devi w/o late Sh. Amrit Lal dated 15.9.1997. 3. 19.5.10: an application under section 151 of C P C 10 came to be moved by the petitioner on 19.5.2010 before the learned trial court wherein it was mentioned by the petitioner that though from the safe custody, a will was called and exhibited, but, inadvertently, the statements of Sh. Amrit Lal, Kanhaiya Lal and Laxmi Narayan deposed before the learned civil judge in some other matter and being very important and relevant in the present controversy, could not be exhibited

10

151. Saving of inherent powers of Court. Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court. Prepared & submitted by ALOK RATNOO(09BAL102)

Page 25


2010-11

through the same are available on record. Similarly, the copies of the statements of Sh. Amrit Lal, Kanhaiya Lal and Laxmi Narayan as deposed before the learned Addl. Civil Judge, Udaipur in the year 1960 is as collectively. 4. 2.8.2010: no reply was preferred by the respondent no.1 to the present application. The learned trial court vide it¶s order dated 2.8.2010 proceeded under order 14 11

rul e 5

read with section 151 of CPC preferred by the petitioner, so also, vide

this order itself, the application under section 151 of CPC came to be rejected by the learned trial court. Hence, this writ petition.

11

ORDER XIV SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LA W OR ON ISSUES AGREED UPON 5.Power.to amend, and strike out, issues. Prepared & submitted by ALOK RATNOO(09BAL102)

Page 26


2010-11

7.Brief about the Lawyer and his Firm: Acharya & Acharya is a leading firm indulged in litigation and non-litigation work. Its

senior partner Dr Sachin Acharya is LL.M and Ph.D in IPRs. Backed by a vast experience on litigation side, the firm has also ventured into non-litigation work in various cities of India. At Acharya & Acharya the main motto is to provide hassle free and quick legal solutions. PRACTICE AREAS

ARBITRATION / ALTERNATIVE DISPUTE RESOLUTION BANKING CAPITAL MARKETS AND SECURITIES CIVIL, CRIMINAL AND ALL TYPE OF LITIGATION COMMERCIAL CONTRACTS CORPORATE CORPORATE CRIMES DEBT RECOVERY ENVIRONMENTAL TRANSACTIONS FAMILY LA

W

FOREIGN INVESTMENTS AND REGULATIONS HEALTH AND MEDICAL MALPRACTICES INFORMATION TECHNOLOGY INFRASTRUCTURE AND CONSTRUCTION PROJECT INSURANCE INTELLECTUAL PROPERTY LABOUR AND EMPLOYMENT Prepared & submitted by ALOK RATNOO(09BAL102)

Page 27

Trial court internship-ILNU PO

WER

2010-11

AND ENERGY SECTOR

REAL ESTATE AND PROPERTY TELECOMMUNICATIONS AND MEDIA WILLS

AND PROBATE

LEGAL PROCESS OUTSOURCING


Page 28

Trial court internship-ILNU 8.My

2010-11

Experience: During internship at trial courts Jodhpur at

Dr. Sachin Acharya & Associates: First of all I would like to thank ILNU for designing such a great internship schedule for us. It is an imperative experience for a law student. This is the time when we move out of our 4 walled library and limited researching of our knowledge and the society. During this period we can actually see the impact of law on daily life and how the judiciary functions and whether laws are capable of solving their purpose. Because this is the time when we can actually see the things which we have read about For e.g. we have read sec 300 and 302 i.e. murder and punishment for murder, but during this internship training we could actually understand the elements for this offence to count under the respective sections. I would now like to share my internship experience with Dr. Sachin Acharya & Associates Method of Application: I directly applied by mailing my CV and by telephonic interview . Work Description: The work description mainly involves comprehensive research on

diverse areas of law, making case briefs and summaries, and making list of dates of various cases. The interns are generally asked to find case laws to support the case lined up in the courts. The first half of the day goes in courts observing the court proceedings and get ting an exposure to court etiquettes whilst after lunch hours are spent in his chambers and evening till late night were spent mostly in the office of Dr. Sachin Acharya & Associates.

Also, every intern has to compulsorily make a presentation after the completion of his/her internship period. Case presentations! The most interesting experience of interning with Dr. Sachin

Acharya is that interns have to participate in case presentations and debates on the issues which are being dealt in his cases. The interns are divided into groups and are required to take stands and present their views.


Page 29


2010-11

The topic is given a day in advance for us to prepare. The presentation is to be made during the office time in the evening with all the associates. It is judged by Dr. Sachin Acharya and he also gives insight on the issue in hand. Warm lunches and the hospitality: The most cherished moment is the lunch hour

where lunch is served and all the interns and staff members have lunch together along with Dr. Sachin Acharya and his wife Dr. Pramila Acharya( who herself is a lawyer). During this time discussions about current issues and his cases also take place. The interns are also asked to give their opinion on the same. He taught us a lot of legal jargons and a lot of Urdu language which still persists in the courts. It was a very heartwarming experience to witness the hospitality and warmth of Dr. Sachin Acharya and to see the initiatives taken by him in making all the advocates, working staff as well as the interns comfortable. A bad thing: There was only one bad thing about the whole internship. It was the

compilation work assigned to the interns. The interns were given huge files which had cases on different subjects. They were required to read the case and mention the disposition of the cases. This clerical work was dreaded. Secondly, interns are expected to spend most of their time in the office and courts, leaving no time for party!! Suggestions: 1. To Students: But overall experience was very enriching. One suggestion

to all the interns who wish to intern with him would be that they should be familiar with the basics of criminal law and should know how to operate research database like SCC Online, Manupatra etc before they join the internship. 2. To Institute: If it is possible please increase the period for internship as it would help us to learn the procedures and practicality much in depth. Stipend: Rs.2500/- and the amount of knowledge and experience gained are the stipend.

Finally I would like to say that the overall experience was very enriching and have helped us to stride forth in life and career, have given huge inspiration to join litigation and improve the basic field and serve the purpose of law and society. Note:More information regarding internship can be seen in the weekly reports which are in appendix. Prepared & submitted by ALOK RATNOO(09BAL102)

Page 30

Final Report IV Sem

Recommend Documents