INTERNSHIP REPORT

SUMMER INTERNSHIP AT PATNA HIGH COURT

JUNE-JULY 2011

-PRITAM ANANTA 0471653808 5th Semester, IIIrd Year, B.A. LL.B(Hons.)

ACKNOWLEDGEMENTSI would like to express my sincere gratitude to our Dean Prof. (Dr.) Suman Gupta for initiating this internship project for the students of 2nd year. We students who previously had just theoretical knowledge of the procedures, through this project were exposed to the practical aspects of the laws we studied in the classrooms. She has supported the students all through the procedure and in guiding them with her valuable suggestions regarding the fields to be chosen for the practical study. She had taken much pain in introducing this concept of practical study in the curriculum of course. I hereby thank her for this opportunity that she provided to us for the practical exposure of the subjects. I would also like to express my sincere thanks to Mr. Sanjay Kumar, Advocate. For allowing me an opportunity to work under his guidance in the fields he practices. His valuable suggestions and guidance made the whole project a very informative one. He treated me the best he could and gave me opportunities to draft, make briefs etc. He had at every level provided a hand of support which practically no advocate of such high repute can afford to. I would like to thank him for his help which he extended from time to time to me, to be able to accomplish this project with fruitful gains and returns. Without his extended help and the support he provided, this project would not have been so practically informative for me. I would thus like to thank Mr. Sanjay Kumar once again for standing by me and aiding me wherever I missed or lacked.

THE EXPOSURE The term of our internship was of just two months. The whole idea of internship was a great one and was heartily enjoyed. The advocate I worked with was Mr. Sanjay Kumar. Most of the time was spent in the Court rooms watching proceedings and also trying to understand the Court procedures. Mr. Sanjay Kumar is quite a reputed advocate in the field of civil law and thus it was a learning experience to work directly under his guidance. In the initial days of my internship with Mr. Sanjay Kumar he did not want to put any burden on me and hence for the first 10 days he assigned me a project on various topics. The projects I had prepared has been annexed herewith. During the period of internship there were several interesting cases which were given to me to analyse, brief and research on. Mr. Sanjay Kumar had personally given me certain case files to handle i.e. to maintain them as well as to draft any applications as required. Some of the drafting I did have been annexed in this report. There were other petty thing which were to be done in those cases, for example applying for certified copies in the cases, downloading daily orders etc.

NOTE FOR CONFIDENTIALITY-

Authorities at STANDING COUNCIL-12 PATNA HIGH COURT follow a Privacy Policy, whereunder, confidential details of their clients are not publicly disclosed.

I, having worked their as an Intern, am therefore, bound under the norms of that Policy, and have therefore not mentioned full names of the litigating parties.

INTRODUCTION During my six-weeks summer internship at Patna high court sc-12 Offices, I, as a law intern came across many interesting cases, and researched on several matters that are of relevance to current affairs and also pertaining to our study curriculum at the law school.

Following is a tabular representation that broadly lists the work that I did in the firm.:S.No. Case Name Title of Research Work

MY TASK WAS TO MAKE A REPORT DEFINING LEGAL NOTICE TYPES OF NOTICES WHICH CAN BE DRAFTED

LEGAL NOTICENotice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties. There are several types of notice: public notice (or legal notice), actual notice, constructive notice, and implied notice. TYPES OF NOTICES WHICH CAN BE DRAFTED1. Notice by landlord to tenant for demand of possession of house after expiry of lease period 2. Notice of determination of lease for breach of covenants contained in the lease deed 3. Notice by lessor to lessee to quit for non payment of rent 4. Notice to tenant attorn tenancy 5. Notice of dishonour of bill of exchange to drawer 6. Notice of dishonour of cheque under section 93, Negotiable instruments act 1881 7. Notice of retirement by a partner 8. Public notice of election by a minor on attaining majority. 9. Notice to the registrar of Firms under section 63, Indian partnership act, 1932 10. Notice by purchaser for specific performance of an agreement 11. Notice of intended purchaser to a possible preemptor 12. Notice by creditor to guarantors to pay debt

13. Notice of termination of guarantee for faithful service of employee 14. Notice of Re-sale of goods by seller 15. Notice of assignment by assignee 16. Notice to railways under section 78B Indian railways act, 1890 17. Another notice under section 78B, Indian railways act, 1890, for short delivery 18. Notice to a carrier for damages for loss of goods under section 10, carriers act, 1865 19. Notice of suit under section 80, code of civil procedure 20. Notice under section 80, code of civil procedure against public officer 21. Notice not to commit nuisance by constructing latrines 22. Notice to owner of adjacent land not to make any construction which may invade the privacy 23. Notice of assessment of Mortgage 24. Notice by mortgagee to mortgagor to furnish further security 25. Public notice in newspaper by the advocate of purchaser of property 26. Notice to the assessing officer/prescribed authority under section 11(2) of the income tax act, 1961 27. Intimation to the Assessing Officer under section 210(5) regarding the notice of demand under section 156 of the Income-tax Act, 1961, for payment of advance tax under section 210(3)/210(4) of the Act 28. Notice to railways for claim of liabilities in tort 29. Notice By Tenant To Determine Lease 30. Notice To Debtor To Pay Debt 31. Notice Of Dishonour Of Bill Of Exchange To Endorser 32. Notice by partner to other partners To determine partnership 33. Notice Of Dissolution Of Partnership

34. Notice of expulsion of partner under section 33, Indian partnership act, 1932 35. Public notice of election by a minor Not to become a partner 36. Notice By A Partner To Make Available The Account Books Of Partnership Firm For Inspection 37. Reply communicating willingness To purchase the property 38. Notice By Guarantor To Determine Continuing Guarantee 39. Notice Of Sale Of Pledged Goods 40. Notice Of Assignment Of Debt 41. Notice Of Assignment Of Life Insurance Policy 42. Combined Notice Under Section 78b, Indian Railways Act, 1890 And Under Section 80 Code Of Civil Procedure 43. Notice Under Section 80, Code Of Civil Procedure 44. Notice Revoking Licence To Graze Cattle And Reap And Remove Grass On The Land Of The Licensor 45. Notice To Pay Mortgage Money 46. Notice By Advocate Claiming Damages For Defamation 47. Notice about the employee, Who has ceased to be in employment

MY TASK WAS TO SEARCH ON RENT AGREEMENT IDENTIFICATIONS FEATURES CONSIDERATION EXPERT INSIGHT FORMAT OF A SAMPLE RENTAL AGREEMENT

HOUSE RENT AGREEMENT-

 A rental agreement is a lease in which the asset is tangible property. An agreement where a payment is made for the temporary use of a good, service or property owned by another. There is typically an implied, explicit, or written rent agreement or contract involved to specify the terms of the rent, which are regulated and managed under contract law. Rent agreement of real estate for the purpose of housing tenure, parking space for a vehicle(s), storage space, whole or portions of properties for business, agricultural, institutional, or government use, or other reasons. When renting real estate, the person(s) or party who lives in or occupies the real estate is often called a tenant, paying rent to the owner of the property, often called a landlord or landlady. In India, the rental income on property is taxed under the head "income from house property". A deduction of 30 % is allowed from total rent which is charged to tax. Housing rental agreements should be in writing to avoid faltering memories and fading recollections that are inherent in oral agreements. A housing rental agreement should contain basic legal terms of the agreement and reflect the corresponding rights and duties of both landlord and tenant. Courts might refuse to recognize agreements that are vague or ambiguous.

IDENTIFICATION Each state's legislative code will set forth the requirements necessary for a valid rental agreement. Typically, at bare minimum, lease or rental agreements must include the essential terms of the rental contract. If the rental contract does not include the essential terms of the real estate terms, then the agreement may be nullified by your state's court. Each state provides the affirmative duties for each party.

FEATURESGenerally, written rental agreements should include: The term of the rental agreement and whether it's an annual agreement, month-to-month, or any other term; identification of all adults who will reside in the home; the rental amount and when it is payable and due (exact day of the month); termination rights, if any, to cancel the lease; limit on occupancy and the number of residents who can occupy the home; penalty fees for non-payment of the rental amount and when the penalty kicks in (any grace period for late payments before late fees are assessed); penalty fees for checks that do not clear because of insufficient funds; security deposit amounts and, specifically, what the amounts will cover, i.e., damage to property; when the security deposit will be returned; obligations for cleaning upon moveout (steam cleaning carpeting, painting); any fees that will

not be returned, such as fees for steam cleaning when the tenant has pets.

CONSIDERATIONS Landlords should carefully review the lease or rental agreement requirements for the state in which the property is located. For instance, some states specifically require that landlords place security deposits in an interest-bearing escrow account. The more specific the agreement is, the less likely parties can dispute the terms of the agreement. Ideally, rental agreements should cover the exact rights and duties for each party. The landlord's repair and maintenance requirements should be specifically delineated, as should the tenant's duties to repair and maintain everyday or customary items, such as batteries in smoke alarms, light bulbs, and cutting the grass. Warranty of habitability and duty to disclose deficiencies are governed by state laws. Landlords can also add the restrictions for certain permanent modifications into the rental agreement. For instance, if the tenant is allowed to install security systems or ceiling fans, do those fixtures become a permanent part of the rental property and unremovable at the end of the lease? In most states, these types of fixtures become so tied to the property that the tenant can not take these items or remove them when moving out. Landlords may specifically state that advance is notice required prior to the landlord accessing the property.

EXPERT INSIGHT Rental agreements require careful legal review to ensure that all federal, state and local laws are covered in the agreement. Some states require specific disclosures, and states contract and real estate laws may vary. There may be safety codes, occupancy limits, privacy rights and legal restrictions on evictions for non-payment of rent that need to be included. Generally, fees paid to attorneys in pursuit of rental income can be tax-deductible as a cost of running a business. Fees that you pay to an attorney to review your lease or to draft your lease typically pay off in the long term. With your attorney's permission, you can reuse the lease agreement for all future rental contracts.

FEW OF THE DOCUMENTS DRAFTED BY ME LEGAL NOTICE RENT AGREEMENTS

To Shri Varender Singh Flat no.-191, 3rd floor, Pocket-6, sector-2, Rohini, New Delhi

LEGAL NOTICE

Under instructions on and behalf of my client Shri Jasbir Singh,S/o Gyan Singh, R/o F-166, Budh Vihar, Inderpuri, New Delhi-12, I hereby serve upon you with this legal notice as under :1. That my client is respectable citizen of India, and into the business of real estate. He is enjoying good reputation in his business and also the place where he is residing. 2. That you the noticee with one of your so called partner or whatever you introduced to my client i.e. Shree Vipin, C/o Om Prakash Fateh Chand called my client at your place and discussed about your property i.e 18/1, Kirti Nagar, New Delhi measuring 300 sq. yards. You asked and requested my client to put on sale the above said property. On your request my client brought one Mr. Rompi Bhatia (Empire Safe Company), who negotiated the deal and which was amicably closed as per your price, which you know better the hassels of property. This deal took place three months back. It was very much been decided infront of Shree Vipin and

Rompi Bhatia that you will pay Rs. 20,00,000/- to my client. You gave my clients Rs. 5,00,000/- and not Rs. 20,00,000.

3. That my client demanded his Rs. 15,00,000 from you but you ignored him on the one pretext or other. 4. That you started threatening my client that if you will ask for the commission, which is very much legitimate money of my client, or you can say is purely sweat of brow of my client. You Varender Singh the noticee has stooped down so low that you have even started giving dump calls which is full of abuses. You have promised the above said money infront of Rompi Bhatia, the purchaser, who even promised at closing ceremony of deal that if Varender Singh will not pay I will pay. 5. That if the aforesaid act on your part clearly speaks out one thing, that since the beginning you had malafide intention to cheat my client and as such you never bothered to make the payment and rather you did not even arrange the funds to meet out the liability arising out, as such you crossed wrongful gains to yourself and loss to my client as such you have committed the offence under Section 420, Indian Penal Code.

I therefore through this legal notice hereby call upon you to pay/clear my clients money within 30 days of the receipt of this

legal notice along with the interest of 24% p.a. as well as other incidental charges failing which my client shall be constraint to take appropriate legal action both criminal and civil. Also note in that you will be further burdened to the sum of Rs. 11,000/- being the professional charges for sending the present legal notice. Copy kept for further reference and record.

(Sanjay Dewan) Advocate