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PRABHJOT KAUR MAGGO

A

B.A LLB. (HONS.)

SECTION-E

GUIDE- MS. GARGI

BHADORIA

INTERNSHIP REPORT

NAME OF THE FIRM: ANME LEGAL

DURATION OF INTERNSHIP: 03/02/2020 – 14/03/

NAME OF STUDENT: Prabhjot Kaur Maggo

ENROLLMENT NUMBER: A11911115 178

INTERNSHIP GUIDE: Ms. Gargi Bhadoria

SEMESTER- X

DAY 1 (03 FEBRUARY , 2020) –

Reporting time 10:00am- Today, was the first day of my internship in the Anme Legal. The firm deals in legal services and consultation. I chose to work in this firm as it deals in all the aspects of law i.e both corporate and litigation matters which would help me in an allround development. Today I shown around the office and was introduced to the staff. I was shown my desk and place where all important documents, files & books etc. where been kept. I went through the office atmosphere my advocate guide told me regarding his areas of work, types of clients etc. My area of interest is IPR and I would like to continue the same as a career option. Today i.e on the first day itself I was given a topic to research on ‘The role of IPR in protection of biodiversity in international overview’ and was asked to submit the report by the end of the week.

DAY 4 (06 FEBRUARY, 2020) –

Reporting time 11:00am- Today I had visit to DRT (debt recovery tribunal), New Delhi along with my advocate guide and another intern for the matter of Ridhi Sidhi Polytapes Pvt. Ltd & Ors. V. M/S State Bank Of India my advocate guide was representing the applicant for sub application numbers- 267/17 and 263/17 the matter was before the registrar and we had to receive the reply after receiving the next date was granted. DAY 5(07 FEBRUARY, 2020) – Reporting time 10:00am- Today, me and co-intern visited to NCLT (National Company Law Tribunal), New Delhi in CGO Complex as it was behind the ITBP office so we had show our id’s before entering the complex. Sir had matter over there we heard the same and a few more as well after that Sir told us about NCLT and NCLAT (National Company Law Appellate Tribunal). Sir suggested us to read both Companies Act,1956 and 2013 as well along with Bankruptcy Act,2016. DAY 6 (08 FEBRUARY, 2020) – Reporting time 10:00am - Today, I had to submit my reseach work to our advocate guide along with a presentation. Working in this firm is a new experience for me. The firm takes soo much interest in the growth of an internee. This presentation was a method to improve the courage and public speaking and interaction skills of an individual.

As it was weekend so sir asked us to write an article on the ‘Surrogacy Laws in India’ and instead of writing the facts realted to the article he asked us to write our own views on the articles and what laws we suggest for the same. DAY 7 – SUNDAY DAY 8 (10 FEBRUARY, 2020) – Reporting time 10:00am- Today, when I reached the office all the interns were asked to report to Adv. Megha Karel, she handed me and my co-intern a SC petition case file in the matter of- Kaushik Chattopadhyay & Another V. Union of India sir and asked us to go through the file and give our view over the same, the main issue of case was regarding demonetization and the plaintiff wanted gateway to be opened for exchange of his old notes kept in locker which was sealed due to some legal prohibition. Later, we discussed over the same with Adv. Megha Karel and in the evening left for home by her due permission. DAY 9 (11 FEBRUARY, 2020) – Reporting time 10:00am- Today, Adv. Megha Karel took the interns to the NCLT, New Delhi and made us listen the matters in court room no. 1 as she had some other work there. She asked us to sit their and call her when her case comes according to the cause list. We had to wait as matter came up in 2nd half after the lunch break the matter was of- smt. Anupam Khanna V. AMR Infrastructure. After, work for the day got over I left for home in the evening DAY 10 (12 FEBRUARY, 2020) – Reporting time 10:00am-

In the evening when he came back to office we gave him the list and left for home with his due permission DAY 13 (15 FEBRUARY, 2020) – Today, Adv. Ankush Jain , gave me and my co-intern session about ‘High Court Appeals’ & ‘Supreme Court Appeals’. We were explained that in Supreme Court appeal is sort of a prayer type of thing like you don’t have direct right to appeal but if you do and Supreme Court considers it and accept it as per case’s requirements it will do pass a notice then it will become civil or criminal appeal as per the case. In the civil matters stay order is passed and in criminal matters suspension order is been passed. In the civil matter the case can be passed to legal heirs but in criminal not for example- a son cannot be held guilty for his father’s crime. Later, Adv. Ankush Jain gave us the Supreme Court passes to visit today. He asked us to visit mainly court room no. 5 & 12 of J. Joseph & J.F Marian and the Chief Justice’s Court as they would be the most productive and learning for us. then we also visited court of J. Chameshwarm, J. Niranjan etc. and heard few matters and noted down points we founded relevant. Later, in the evening we came back to office and left for our homes respectively. DAY 14- SUNDAY DAY 15 (17 FEBRUARY, 2020) – Reporting time 10:30am- Today, Adv. Ankush Jain asked me to report to Patiala House Court (District Courts), New Delhi. Sir had matter in the family court building 2nd floor, the court of Sidharth Sharma Additional Sessions Judge. We went for the matter of Case no.- CC no. 15/17 SEBI V. BASIL INTERNATIONAL related to the SEBI’S Act,1992. Later, at the office he asked me to study a case it was regarding the joinder of charges that the sections of joinder of charges are not compelling in nature. They only permit the joint trial of charges under certain circumstances, and the courts may consider the same in the interest of the

administration of justice after thoroughly studying the facts and circumstances of each case. He also asked me to make a report on the essential provisons related to framing of charges. Later in the evening he left for home with his due permission. DAY 16 (18 FEBRUARY, 2020) – Reporting time 10:00am- Today, Adv. Megha Karel took me for a visit to NCLT (National Company Law Tribunal), Principal Bench on the 06th floor, CGO Complex, Lodhi Road, New Delhi. After mam’s matter got over we also heard many other items listed. After, the court visit we left for office and later I left for home in the evening respectively. DAY 17 (19 FBRUARY, 2020) – Reporting time 10:00 am- Today, Adv.Megha Karel took us for a visit to the Bar Council Association of Delhi and taught us how Enrollment procedure for the Registration of Advocate is done and we made a tour to the Bar Council Association of Delhi. The candidates who have passed out the Law Degree can obtain the Enrolment application for enrolling themselves as Advocates directly from the head office or branch office as also from the Bar Council of Delhi Library at Tis Hazari on any working day from 10 AM to 3.30 on payment of Rs. 400/- by way of cash. DAY 18 (20 FEBRUARY, 2020) – Reporting time 10:30am- Today, Adv. Megha Karel asked us to research on topic “Domain names and trademark protection (Cybersquatting)”

Later, I left for home by due permission. DAY 21 - SUNDAY DAY 22 ( 24 FEBRUARY,2020) – Reporting time 10:00am- As last week we were discussuing about the recently passes CAA-2019, Adv. Megha Karel asked all the interns to write a article on the topic ‘India’s New Citizenship Law and its Anti- Secular Implications’ Despite mixed statements by key government leaders over the past few weeks on whether there will be a nationwide implementation of the NRC, in late December, the Indian Cabinet has cleared US$550 million to update the NPR, an update previously described by the government census organization as the first step in the creation of the NRC. Later, Adv. Megha Karel asked me to make a detail of all the cases and hearings lined up this week and after that I left for home by due permission. DAY 23 ( 25 FEBRUARY, 2020) – Reporting time 10:00am- Today, Adv. Ankush Jain took us for a hearing in the Rohini court CA No.130/18 Surender Kumar Vs. Amrik Singh in the court of Manish Jain, Civil Judge, North-West.He asked for a Fresh execution petition received by way of assignment. It be checked and registered Later, Sir asked us to take a tour of the court and in the evening I left for home by due permission DAY 24 (26 FEBRUARY,2020) – Reporting time 10:00am-

Today, Adv. Ankush Jain asked all the interns to research on the topic ‘Reinvigorating Human Rights in Internet Governance: The UDRP Procedure Through the Lens of International Human Rights Principles’ and to submit it by the end of the day. It is an international legal framework for resolving disputes between trademark owners and domain name holders, the Uniform Domain Names Disputes Resolution Policy (“UDRP”), purports to address economic interests.Also, Sir made us understand the need for a change in the legal system and laws in our country. Later in the evening left for home by due permission DAY 25 (27 FEBRUARY, 2020) – Reporting time 10:30am- Today, Adv. Megha Karel gave me a case file of Carlsberg Breweries v. Som Distilleries and Breweries Limited wherein the issue was Whether a composite suit that joins infringement of a registered design and passing off of a trademark is maintainable? The court held that a composite suit dealing with infringement of a registered design and passing off is maintainable, thus overruling its judgment in Mohan Lal v. Sona Paint wherein it was held that these actions cannot be combined in one suit as the causes of action on which both the matters were premised on were different. The Court observed that in the instant matter, the cause of action pertaining to the infringement of a design as well as passing off emanated from the same transaction and therefore to avoid multiplicity of proceedings, the claims for infringement and passing off could be clubbed together in one suit. DAY 26 (28 FEBRUARY,2020) – Today, I took a day off from my internship as I had some important work in my college. So, I got a mail from the Firm to proof-read the appeals drafted by the other interns and mail to the advocate guide after making all the corrections.

Later, I was asked to do a research on whether a top level domain can be registered as a Trade Mark. How to register a trademark that contains a logo? Should it be registered separately or as a composite trade mark? In the evening left for home by due permission DAY 30 ( 3 MARCH, 2020) – Reporting time 10:00am- Today, Adv. Ankush Jain asked me for templates of ‘Terms of Use’ and Privacy Policy’ of companies with similar services as that of the client. And asked me to draft thePrivacy Policy’ and `Terms of Use’ as per Indian Laws. Later, in the evening left for home by due permission DAY 31 (04 MARCH,2020) – Reporting time 10:00am- Today, Adv. Megha Karel asked me to do an in-depth research on various topics such as

• what is the difference between lease and licensing under the Transfer of Property.
• How will the solar panel be considered, movable or immovable property?
• What will be the rights and obligations of both the parties under lease and licensing? It took me a whole day to do the research. Later, in the evening left for home by due permission DAY 32 ( 05 MARCH, 2020) – Reporting time 10:30am- Today, I had to continue with the previous research on solar panel. Find out latest judgments that would deal with the same problem. Adv. Ankush Jain asked me to find out the stamp duty rates under Maharashtra Stamp Act and made notes on the same

Later, in the evening left for home by due permission DAY 33 (06 MARCH,2020) – Reporting time 10:30am- Today, Adv. Megha Karel asked me to do research work on FEMA and to look for the eligibility criteria for automatic route under FEMA, for overseas Direct Investment, under Foreign Exchange Management (transfer or issue of any foreign security) Regulations 2004. What will be the consequence if there is failure to reply within 30 days of objection of Trademark u/s 9 & u/s 11? and also asked to highlight specific performance clause from shareholders agreement. Later, I handed over the research work to Adv. Megha Karel and left for home. DAY 34 (07 MARCH,2020) – Reporting time 10:30am- Today, I was asked to do a research on the affiliation process under CBSE.

• Is there any renewal process?
• Is the affiliation provided on long term basis? Is there any investigation?
• On what grounds is the affiliation suspended? Later, I was asked to do a research on what is a protected cell company? Is it under Singapore jurisdiction In the evening left for home by due permission DAY 35-SUNDAY DAY 36 ( 09 MARCH,2020) – Holiday in lieu of HOLI

Today Adv. Megha Karel asked me to submit a case summary of “State of West Bengal Vs. Associated Contractor” and to Look for provisions related to tax treatment of gifts. Later, I handed over the research work to Adv. Megha Karel and left for home. DAY 41 (14 MARCH,2020) – Reporting time 10:30am- Today Adv. Ankush taught us how to look for the relevant provisions of the Information Technology Act and the rules that with “Payment Aggregator” providing Healthcare Services. I was asked to make a table on how the terms of a Term Sheet will affect the existing rights of an Investor.Had to search for templates of a Termination Letter. In the evening left for home by due permission DAY 42-SUNDAY

Shayara Bano vs Union of India & Ors. 23 August, 2017 : Case Analysis IN THE SUPREME COURT OF INDIA Original Civil Jurisdiction Writ Petition (C) No. 118 of 2016 Shayara Bano … Petitioner versus Union of India and others … Respondents with Suo Motu Writ (C) No. 2 of 2015 Nature of case:

Domestic

Date of Judgement: 2017.08. Five Judge Bench:

Jagdish Singh Khehar(CJ), Kurian Joseph, Rohinton Fali Nariman,

Uday Umesh Lalit, S. Abdul Nazeer JJ.

BRIEF FACTS

Shayara Bano was married to Rizwan Ahmed for 15 years. In 2016, her husband divorced her through talaq–e-bidat (triple talaq). This is an Islamic practice that permits men to arbitrarily and unilaterally effect instant and irrevocable divorce by pronouncing the word ‘talaq’ (Arabic for divorce) three times at once in oral, written or, more recently, electronic form. Ms Bano argued before the Supreme Court of India that three practices – triple talaq, polygamy, and nikah halala (the practice requiring women to marry and divorce another man so that her previous husband can re-marry her after triple talaq) –were unconstitutional. Specifically, she claimed that they violated several fundamental rights under the Constitution of India (Constitution) namely, Articles 14 (equality before the law), 15(1) (prohibition of discrimination including on the ground of gender), 21 (right to life) and 25 (freedom of religion). Her petition^2 underscored how protection against these practices has profound consequences for ensuring a life of dignity. Further, it asserted that failure to eliminate de jure (formal) and de facto (substantive) discrimination against women including by non-State actors, either directly or indirectly, violates not only the most basic human rights of women but also violates their civil, economic, social and cultural rights as envisaged in international treaties and covenants.This immediate appeal was filed in the apex court by ShayaraBanoa victim of this demonic practice. She claimed the enforcement of the Fundamental Rights mentioned under Article 14. In the mean-time there were numerous petitions challenging the same issue therefore, SC clubbed all the petitions in one and heard it. Various NGO’s and even union government was supporting the cause. ADVOCATES Petitioner : Amith Chadha; Salman Khurshid (Amicus Curiae) Respondent : Mukul Rohatgi; Kapil Sibal; Manoj Goel; (^2) Writ Petition (C) No. 118 of 2016

RULES APPLICABLE

 Muslim Personal Law (Shariat) Application Act, 1937  Constitution of India namely- i) Articles 14 (equality before the law) ii) 15(1) (prohibition of discrimination including on the ground of gender) iii) 21 (right to life) and iv) 25 (freedom of religion)  Precedent- Already existing legal precedent established by the apex court with respect to triple talaq (i.e Triple Talaq is Valid) ISSUE

• The validity of triple talaq.
• Whether Triple Talaq is an essential religious practice? ARGUMENT ON BEHALF OF PETITONER 175. On behalf of the petitioner, besides the petitioner herself, submissions were initiated by Mr Amit Singh Chadha , Senior Advocate. He invited this Court's attention to the legislative history in the field of Muslim Personal Law (for details, refer to Part 4 — Legislation in India, in the field of Muslim Personal Law, above ). It was submitted, that all fundamental rights contained in Part III of the Constitution were justiciable. It was therefore pointed out, that the petitioner's cause before this Court, was akin to such rights as were considered justiciable. The practice of “Talaq-e-Biddat”, according to the learned counsel, permitted a male spouse an unqualified right, to severe the matrimonial tie. It was pointed out, that the right to divorce a wife, by way of Triple Talaq, could be exercised without the disclosure of any reason, and in fact, even in the absence of reasons. It was submitted, that a female spouse had no say in the matter, inasmuch as, “Talaq-e-Biddat” could be pronounced in the absence of the wife, and even without her knowledge. It was submitted that divorce pronounced by way of Triple Talaq was final and binding, between the parties. These actions, according to the learned counsel, vested an arbitrary right in the husband, and as such, violated the equality clause enshrined in Article 14 of the Constitution. It was submitted, that the Constitution postulates through the above article, equality before the law and equal protection of the laws. This right, according to the learned counsel, was clearly denied to the female spouse in the matter of pronouncement of divorce by the husband by adopting the procedure of “Talaq-e-Biddat”. Furthermore, it was submitted, the Constitution postulates through Article 15, a clear restraint on discrimination on the ground of sex. It