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Summer Training File

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31 views20 pages

Summer Training File

Uploaded by

RAHUL KUMAR
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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RAYAT-BAHRA UNIVERSITY

SCHOOL OF LAW

SUMMER TRAINING SUBMISSION

AN ANALYSIS AND COLLECTION OF

OBSERVATIONS FROM TRAININGS

SUBMITTED BY-

SWAYAM BANSAL

B.COM LLB 9TH SEM

2007002027

SUBMITTED TO-

PROF. (DR.) DHARMENDER PATIAL

DEAN, UNIVERSITY SCHOOL OF LAW

RAYAT-BAHRA UNIVERSITY, MOHALI


INDEX

S.no Name Held Page no.


Date
by/Held at
1. Lecture on Legal Mr.
Ethics and Pathway Avinash 2-5
08.11.2024
to Advocacy Rai
Khanna
2. Workshop on Non- Ms.
Verbal Sanyukta
Communication Tuli 08.11.2024 6-9
including Body
Posture
3. Boot Camp on Soft Ms.
Skills Sanyukta 10/09/2024 10-13
Tuli
4. Lecture on Various Mr.
Stages of Criminal Avinash
10/08/2024 14-16
Proceedings Rai
Khanna
5. Academic visit to Hon’ble
Supreme Court of Supreme 17-19
03/10/2024
India Court of
India

Page | 1
Lecture on Legal Ethics and Pathway to Advocacy
Date : 08.11.2024
Venue: Moot Court Hall at Rayat Bahra University, Mohali
Resource Person: Mr. Avinash Rai Khanna

1. Avinash Rai Khanna Sir is a Vice Chairman, Indian Red Cross


Society and Vice President of Bhartiya Janta Party. He is also a BJP
In-charge of Himachal Pradesh. Earlier, he served as ex member of
Rajya Sabha and was also a member of the 14th Lok Sabha of India.
He represented the Hoshiarpur constituency of Punjab. He was
elected as an MLA from Garhshankar in 2002. In 2003, he was also
elected as a State President B.J.P. Punjab. After that he was elected
Member of Parliament from Hoshiarpur Constituency in 2004.
Under his leadership, for the first time in Punjab B.J.P. got 19 seats
out of 23 in Assembly elections in 2007 and played a major role in
formation of Akali government in Punjab. During his five-year
tenure as an M.P., he has asked 270 questions and participated in
116 debates.

2. The first lesson Sir taught as was that a lawyer needs to be dynamic
and adapt to his surroundings so that he can work each case with
proper care.
2.1. Sir at first threw a curveball with a question regarding meaning
of Jirah while using it in the context of cross-examination and
inquired what Jirah means. Then he explained that we must
make use of context to understand the overall approach. Jirah
means cross-examination.

Page | 2
2.2. The skill is important because repetition is not possible in day to
day court scenario.
2.3. Sir then gave a humorous account of when once an advocate who
specialised in Excise cases had to do a civil case related Cross-
Examination and he ended up asking questions nowhere related
to the case. He used this example to emphasize the need for
adaptability and dynamism.

3. Sir were asked of his past experiences and his memorable cases
when he remembered the following anecdotes.
3.1. Sir gave an example of a Pronote(Promissory note) case which
was fought by Sir. Pronote case was said to be the easiest case
one could get. He recalled it was his first case and the case
seemed to be going against his clients. He was recommended by
other senior counsels to simply not fight the case to save his
reputation but he decided to fight it still. He found a small
peculiarity in the evidence that the tendering of the document
was not objected by the opposing counsel and he used it to win
the case when it was said by all to be an open and shut case. He
used this to demonstrate that an advocate is to fight till the end.
3.2. Sir represented the accused in a murder case where allegedly the
accused had murdered the victim by using a tractor and running
over the victim. The evidence was all perused carefully by Sir
and there seemed to be very bleak chances of creating reasonable
doubt in the case. However one testimony proved to carry a lot
of merit. Sir called the Patwari of the land and asked him about
the way to the place of occurrence. Patwari then, said on the
record that the way to the place of occurrence was not wide
enough to accommodate a tractor and hence created a reasonable

Page | 3
doubt. Hence he emphasized the importance of three things for
a lawyer: 1) Mastery of Law; 2) Mastery of Facts; and 3)
Presence of Mind.
3.3. Sir had a case of attempt to murder. He was checking the
prosecution filing when the client suddenly pointed out that
those were not his signatures on the recovery memo. Sir then
filed an application for the forensic analysis of the signatures.
The Judge warned that if the signatures matched then the case
would go very much in their adverse. But Sir insisted that if the
signatures matched it would be very beneficial and insisted on
filing the application. The report then came and the signatures
ended up not matching. He used this case to emphasize the
importance of the presence of mind. He also said that the
prosecution files and all related evidence must be perused
carefully so that we can avoid making mistakes.

4. Sir emphasized the importance of various ethics which are


important in the legal field.
4.1. That no matter what, an advocate must fight the case till the end.
4.2. That an advocate must fight pro-bono for some people and even
not expect anything in return.
4.3. That an advocate must fight for his right but not be greedy or try
to make wrongful gains.
4.4. That an advocate must listen to the clients and entertain their
problems in the best way they can.
4.5. That an advocate should always maintain a professional stature.

5. Hence our key takeaways from Sir’s lecture were

Page | 4
5.1. That the lawyer should be mindful of all the facts, evidence
and very importantly law around the case.
5.2. Adaptability is vital in tackling the everyday issues in this ever
growing field that evolves along with the surroundings.
5.3. It is very important to know the risks involved in the cases for
the clients and carefully proceeding accordingly.
5.4. A lawyer has a duty towards their clients and accordingly
follow all the ethical rules as are warranted for.

6. Sir’s lecture helped shape our view on the importance of ethics in


the legal field and his anecdotes helped us realize the importance of:
1) Mastery of Law; 2) Mastery of Facts; and 3) Presence of Mind.
We hence were grateful for the insightful lecture by the resourceful
Mr. Avinash Rai Khanna Sir.

Page | 5
Workshop on Non-Verbal Communication including
Body Posture
Date : 08.11.2024
Venue: Moot Court Hall at Rayat Bahra University, Mohali
Resource Person: Ms. Sanyukta Tuli

1. On November 8, 2024, a workshop on non-verbal communication


was held at the Moot Court Hall, Rayat Bahra University, Mohali.
The workshop, conducted by Ms. Sanyukta Tuli, highlighted the
vital role non-verbal cues—such as body posture, eye contact,
gestures, and personal space—play in effective legal practice.
Through a blend of insightful instruction and interactive exercises,
participants gained a deeper understanding of how non-verbal
communication influences professional demeanor, particularly in a
legal setting.

2. The seminar was very insightful with a lot to learn and the key
observations are listed below.
2.1. A significant portion of the workshop focused on body posture.
Ms. Tuli emphasized that an upright and open posture conveys
confidence, attentiveness, and professionalism—key traits for
any successful lawyer. She explained how slouching or crossing
arms can suggest defensiveness or a lack of confidence, while
standing tall with an open stance projects authority and
trustworthiness.
Ms. Tuli invited a student to demonstrate their current posture.
Observing the student's slouched shoulders, she explained how

Page | 6
this conveyed uncertainty. She then guided the student to adjust
their posture—opening shoulders, standing tall, and maintaining
a straight back—illustrating the shift towards a confident and
professional demeanor. Additionally, Ms. Tuli demonstrated
correct sitting posture: leaning slightly forward, feet flat on the
ground, and hands comfortably placed on the table or lap, all
signaling attentiveness and engagement.
2.2. The importance of maintaining appropriate eye contact was
highlighted as a cornerstone of effective communication. Ms.
Tuli explained that steady eye contact during conversations
builds rapport and signifies attentiveness, while overly intense
staring might come across as aggressive.
A participant was selected to practice balanced eye contact. Ms.
Tuli demonstrated how to hold eye contact in a steady but not
unbroken manner, showing how to alternate between direct eye
contact and occasional glances away. This balance, she noted,
helps convey confidence without appearing intimidating.
2.3. Respecting personal space was another key topic. Ms. Tuli
emphasized that maintaining the right distance during
conversations is crucial for comfort and professionalism, with
invading someone's space potentially making them uneasy.
To illustrate this, Ms. Tuli conducted an exercise with a student,
demonstrating the appropriate physical distance—about an
arm's length or an outstretched hand. She explained that this
respectful distance promotes a comfortable communication
environment. Additionally, she discussed the practice of
mirroring the other person's stance—standing if they stand,
sitting if they sit—to reduce communication barriers and create
rapport.

Page | 7
2.4. Ms. Tuli highlighted the role of gestures in enhancing
communication. Effective hand gestures can make a
presentation more engaging, while excessive or erratic gestures
can distract the listener. She encouraged the use of controlled
and open gestures to illustrate key points, especially during
client meetings or court arguments.
Noticing a common tendency among students to point fingers
while speaking, Ms. Tuli explained that such gestures could
come off as accusatory. She demonstrated how using open-palm
gestures instead conveys openness and honesty, making a
positive impact on the listener.
2.5. Overall body language, Ms. Tuli explained, significantly
affects one's professional impression. She demonstrated how
nervous habits, like fidgeting or crossing arms, signal discomfort
or defensiveness, while a confident stance with relaxed arms
suggests authority.
2.6. Ms. Tuli offered practical advice on sitting posture for legal
settings. She cautioned against leaning back too casually, which
can suggest disinterest, and recommended sitting upright, with
shoulders back and head held high, to project professionalism
and attentiveness.
2.7. Ms. Tuli emphasized that non-verbal cues reflect
professionalism and respect. Matching the other person's stance,
whether standing or sitting, demonstrates consideration for their
position, fostering a sense of equality and trust in
communication.

3. At the conclusion of the session, Ms. Tuli shared additional tips on


"power poses"—positions that project confidence and dominance.

Page | 8
She introduced poses such as the "CEO pose" (standing with feet
apart, hands on hips) and the "Superman pose" (standing with feet
shoulder-width apart, chest out, and hands on hips) as strategies to
boost self-confidence before important meetings or court
appearances. She explained that practicing these poses for a few
minutes before a challenging interaction could enhance one's
presence and poise.

4. The workshop reinforced that non-verbal communication is as


crucial as verbal communication in the legal profession. Ms. Tuli
demonstrated how body language, gestures, and spatial awareness
can either strengthen or undermine a lawyer's case, highlighting the
need for mastery in this area.

5. The workshop on non-verbal communication was an enlightening


session, underscoring the importance of posture, gestures, eye
contact, and personal space in legal practice. Ms. Tuli’s interactive
approach allowed participants to directly observe and practice these
skills, providing them with tools to correct their habits and cultivate
a more confident and professional presence. The session
underscored that communication is not only about what one says,
but how one says it—emphasizing that effective communication
involves the entire physical presentation, contributing significantly
to one's overall professional success.

Page | 9
Boot Camp on Soft Skills
Date : 10/09/2024
Venue: Moot Court Hall at Rayat Bahra University, Mohali
Resource Person: Ms. Sanyukta Tuli

1. On September 10, 2024, a comprehensive workshop on soft skills


for aspiring lawyers was conducted by Ms. Sanyukta Tuli at the
Moot Court Hall. The session focused on the essential interpersonal
skills necessary for a successful legal career. Covering a wide range
of topics such as communication, ethics, professionalism, and time
management, the workshop emphasized the critical role of integrity
in legal practice.

2. Ms. Tuli provided an in-depth explanation of the following key soft


skills, each supported with practical examples and real-world
scenarios
2.1. The workshop began with a discussion on the importance of
clear and effective verbal communication. Ms. Tuli stressed
that lawyers must articulate their points precisely when
addressing clients, judges, or during negotiations, as this skill
fosters trust and strengthens legal arguments.
2.2. Ms. Tuli highlighted the power of non-verbal communication,
including body language, eye contact, and gestures. Lawyers
must be conscious of their non-verbal cues, as these significantly
affect how they are perceived by clients and colleagues.
2.3. A major portion of the workshop was dedicated to ethical
conduct in the legal profession. Ms. Tuli warned against
unethical practices, such as collusion between lawyers for

Page | 10
personal gain, especially in sensitive cases like divorce
negotiations. She emphasized that while unethical behavior
might bring short-term financial benefits, it ultimately damages
a lawyer's reputation and erodes client trust. Integrity, she noted,
is the foundation of a successful and respected legal career.
2.4. Participants were encouraged to maintain a high level of
professionalism. This includes adhering to ethical standards,
demonstrating appropriate behavior, and managing cases with
honesty. Professionalism builds credibility with clients, peers,
and judges.
2.5. Ms. Tuli underscored the importance of punctuality, stressing
that being on time for court hearings, client meetings, and
professional commitments reflects discipline and respect for
others' time.
2.6. Effective listening was highlighted as a key skill for
understanding clients' concerns and accurately assessing case
details. Ms. Tuli noted that active listening is crucial for
successful client relationships and effective advocacy.
2.7. Professional attire was discussed as an essential aspect of a
lawyer’s image. Ms. Tuli explained that dressing appropriately
not only demonstrates professionalism but also impacts how
lawyers are perceived in the courtroom and by clients.
2.8. Proper courtroom etiquette was emphasized, including the
importance of showing respect when entering and leaving a
courtroom. Ms. Tuli explained that lawyers should bow as a sign
of respect to the court, both upon entering and exiting the room.
This simple gesture reflects the reverence for the legal process
and conveys a sense of professionalism.

Page | 11
2.9. Managing time efficiently is crucial in balancing multiple cases
and meeting deadlines. Ms. Tuli provided practical strategies for
prioritizing tasks, scheduling, and avoiding procrastination.
2.10. The ability to manage multiple responsibilities was
emphasized, particularly in handling various aspects of legal
cases. Effective multitasking helps lawyers juggle case
preparation, research, and client meetings.
2.11. Ms. Tuli stressed the importance of delegation, suggesting
that lawyers should assign routine tasks, such as research or
clerical work, to juniors or paralegals, allowing them to focus on
strategy and key legal matters.
2.12. Confidence, especially during court proceedings and
client consultations, was discussed as a vital trait. Ms. Tuli
explained that confidence enhances persuasive abilities and
helps in presenting arguments more effectively.

3. A lively discussion on ethics took place, where participants,


including myself, raised concerns about unethical practices observed
in district courts. I specifically brought up a common issue seen in
divorce cases, where some lawyers may collude with opposing
counsel during mediation to secure a personal cut in the settlement.
Ms. Tuli responded firmly, reiterating the importance of maintaining
integrity. She warned that while unethical actions may provide
short-term gains, they come at the cost of one's professional
reputation and long-term career. She emphasized that integrity and
adherence to ethical standards are the cornerstones of a respected
legal career.

Page | 12
4. Ms. Tuli stressed the importance of maintaining a clean and
organized workspace. She noted that a cluttered chamber filled
with disorganized files creates a negative impression on clients. A
tidy and well-structured office reflects professionalism and boosts
client confidence, showing that the lawyer is attentive and
methodical.

5. The lecture was pivotal in making us understand the importance of


the skills which are often ignored due to being very subtle. However
such subtlety makes the polishing of such skills that much more
necessary. Ms. Tuli engaging lecture helped us understand and
realize the challenges that are to be overcome. The focus on ethical
concerns were also a breath of fresh air and led to a much needed
discussion of a professional code in this field of justice.

Page | 13
Lecture on Various Stages of Criminal Proceedings
Date : 10/08/2024
Venue: Moot Court Hall at Rayat Bahra University, Mohali
Resource Person: Mr. Avinash Rai Khanna

1. Avinash Rai Khanna Sir is a Vice Chairman, Indian Red Cross


Society and Vice President of Bhartiya Janta Party. He is also a BJP
In-charge of Himachal Pradesh. Earlier, he served as ex member of
Rajya Sabha and was also a member of the 14th Lok Sabha of India.
He represented the Hoshiarpur constituency of Punjab. He was
elected as an MLA from Garhshankar in 2002. In 2003, he was also
elected as a State President B.J.P. Punjab. After that he was elected
Member of Parliament from Hoshiarpur Constituency in 2004.
Under his leadership, for the first time in Punjab B.J.P. got 19 seats
out of 23 in Assembly elections in 2007 and played a major role in
formation of Akali government in Punjab. During his five-year
tenure as an M.P., he has asked 270 questions and participated in
116 debates.

2. Avinash Rai Khanna Sir’s years long experience as an advocate in


the District and Sessions Court makes him a more that worthy tutor
to learn from for introduction to the legal practice. He delivered a
lecture with a focus on explaining how to approach private practice
properly. It is important hence to understand the various stages of
criminal cases.

Page | 14
2.1. Sir explained all criminal cases are against State and prosecution
is always state it is responsibility of state to file the case in the
court.
2.2. Sir then explained it is duty of prosecution to mention the
injured or victims, Eye Witnesses of the incidents.
2.3. Then he explained some detail of FIR are very crucial like Time
of incident,place of incident and the weapons or object through
which injury was caused.
2.4. Then he explained Framing of Charges by prosecution and
naming of the witnesses as PW1 (Prosecution witness 1), PW2
(Prosecution witness 2) and so on.
2.5. Sir further explained inqury as a stage of proceeding and that it
is one the most crucial stage of a proceeding and must be fair
and just. He further explained inqury is not always straight and
simple it must be in depth and should not leave any doubt. We
were also introduced to details like inquiry of FIR regarding time
and other details in the FIR, inquiry of MLR (medico legal
report). Then Sir explained nature of inquiry any kind of
unexplained delay in FIR or MLR must be inquired properly
with the proper reasoning.
2.6. After that Sir explained the concept of Recovery Memo and its
relevance. He explained that a recovery memo includes a list of
items recovered from the possession of the person.

3. Sir was also gracious enough to explain the role of defence in the
criminal proceedings. He explained the following.
3.1. The main role of defence is to counter the prosecution and create
a reasonable doubt in the court.

Page | 15
3.2. Sir gave an example that in certain cases the time of MLR
becomes very important and if there is a unexplained delay then
it must be used by defence and sometime due to which time of
injury is also not sure.
3.3. If there any relation between eye witness and the victim, it
creates a natural doubt as well as the nature of injury either self-
suffered or friendly.
3.4. Conduct of witness is also very important and the place from
where he witnessed the incident whether from far away or near
the incident.

4. Other than the above, Sir shared with us accounts of an interesting


accident case where a person had hit the victim from a car. Sir were
representing the accused. The accused had a brother with similar
facial features which made Sir have an idea. He produced the brother
in the court claiming him to be the accused. Once the victim claimed
that the person was the offender, Sir revealed to the court that the
person identified was not the accused but his brother, thus creating
a reasonable doubt as the brother had alibi for the time of occurrence
of the offence.

5. The lecture by the very knowledgeable Avinash Rai Khanna Sir


helped us understand the intricacies in the Indian practice and helped
us in forming an informed approach towards legal practice.

Page | 16
Academic Visit to Supreme Court of India;
Date : 03/10/2024
Held at: Hon’ble Supreme Court of India

1. The University School of Law at Rayat Bahra University under the


able guidance of Prof. (Dr.) Dharmender Patial organised an official
visit to the Hon’ble Supreme Court of India on 03.10.2024 which
afforded us an opportunity to gain insight into the intricate workings
of the topmost court in the largest democracy in the world.

2. We left for Delhi from the University at about 5:30 in the morning
and reached at about 2:00 in the afternoon. There were security
protocols in place as there should be at such an important place. We
were allotted our passes and were assigned court numbers.

3. Upon reaching the Court we were sent to different courts. Before


entering we were briefed on the decorum which was to be
maintained in the court. I was sent to Court no. 2 which was being
presided by the Hon’ble Chief Justice of India Sanjiv Khanna
(then Justice) who was hearing the Civil Appeal in the case of
Commissioner of Central Excise vs. M/S Madhan Agro
Industries Pvt. Ltd. I entered the court with a respectful bow
towards the bench and observed the proceedings from a corner. We
spent near about 10-15 minutes in the court and noticed that the
counsel arguing had a particular way of pleading the case and
everyone was very respectful towards every person. Even we
students were treated with respect by the staff. The court had a lot of

Page | 17
discipline and the way of pleading was very focused and to the point.
While I was not able to make out the facts of the case, at the point
when we were there, I understood that a particular oil based product
was being discussed. The Hon’ble bench at times would interrupt
the counsel respectfully and clear the points. While I noticed the
high amount of grace and patience required to plead in the Apex
Court, I was also motivated at the same time to learn and try to grow
in order to have the same calibre as was being showcased. I also
clarified my doubts on the internal procedures of the handling of
cases after filing which as I came to know, at the time, the decision
for allotment if cases to courts was taken by the Hon’ble Chief
Justice of India.

4. Next we had the fortune of being able to visit the Judges’ library in
the Hon’ble Supreme Court of India which is one of the largest law
libraries in Asia. We saw the procedures followed there to keep the
laws up to date. We also were able to interact with the first edition
of the Indian Constitution which was a fulfilling experience in itself.

5. I would like to sum my learnings in the following points:


5.1. Decorum is of utmost importance in the court and you have a
duty to maintain the same in the court.
5.2. The importance of remaining calm was strongly relegated
throughout the proceedings.
5.3. One must be respectful not only towards the bench but all
parties involved when before the bench.
5.4. Patience and grace play an important role in making a good
impression.

Page | 18
6. We had a very enlightening experience overall then and learnt a lot.
Most of all we received the vital knowledge of how to approach the
Hon’ble bench and will probably not be getting chills the first time
we get an opportunity to be present in front of a bench in the Hon’ble
Court. Such visits are rare but need to be a more common occurrence
for giving a more fulfilling and enriching experience other than just
theoretical knowledge for aspirational minds like ours.

Page | 19

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