MOOT PROPOSITION
IV
State of Uttar Pradesh Vs Rahul
The“Ghaziabad College of Education” is an Educational Institution in Uttar Pradesh. ThiS
is a multi-faculty institution with strength of 3000 students at its campus. There was
9reat enthusiasm in the Students’ Organizations to contest elections in the Col lege
General Body Elections. The main contest was between Indian Communist Party (ICP)
and Indian Socialist Party (ISP). Both the groups worked hard to secure students’
support and their votes. Mukesh Singh was the candidate for the President ship from
the ICP. Ne was also having the support of a National Political Party. Therefore, that
Party’s prestige was also involved in the success of this candidate. Mukesh Singh spent
a lot on throwing parties and also adopted other means and methods to garnish the
support of the students. The candidate from ISP, Rahul was quite popular amongst the
students for his honesty, integrity and always been working for students’ welfare. After
a month Iong campaign, the elections were held on 15th September 2016. Casting of
vote went on peacefully. The result was declared on 17th September 2016 and Mukesh
Singh won the elections by a margin of just two votes. Wave of joy went around in the
Indian Communist Party. Indian Socialist Party was disappointed and was sensing that
victory of Mukesh was only due to money flow and unfair practices adopted by Mukesh.
On 19th September 2016, at about 7:00 PM at the College cafeteria Mukesh invited
Rahul to his dinner party. Rahul flatly refused the invitation by saying that he will never
attend a party hosted by a forged person. Mukesh insisted by explaining to him, “Let
us forget our past animosities and work for the welfare of the students together” but
Rahul again said “No! I do not wish to join your dinner party as I know how you have
won the elections by fraudulent means. I will not go to the party of a scoundrel.” At this
Mukesh got annoyed and felt insulted in the public. He told Rahul “You know that I can
adopt any means for what I want”. Rahul left the cafeteria by saying, “Hell with you!”
Rahul left the cafeteria and went away with his friend Sanjay. At about 8.30 PM Sanjay
drove out in his Jeep from the parking area with Rahul seated in the jeep beside him.
When their jeep was passing through the main gate of the college, Mukesh an
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friend Sameer were standing in wait for them. Now Nukesh was having a p istol in
his hand. Nukesh si9naled Sanjay to stop the vehicle but Rahul told him not to stop
there. Then, Mukesh fired in the air. Rahul asked Sanjay to drive fast. Mukesh and
Sameer chased the jeep on their bike with Sameer driving and Mukesh riding the pillion.
Mukesh fired indiscriminately while chasing the jeep. One bullet hit Sanjay in his right
upper arm. Rahul asked Sanjay to stop the vehicle and got down from the jeep.
Sameer stopped the bike where Rahul was standing. Mukesh got off the bike tried to
shoot at Rahul. But he could not as there was no cartridge in the pistol. Then Rahul took
out an Iron rod out of the jeep and aimed a hit at Mukesh. But Mukesh ducked and the
rod fell on the head of Sameer who was sitting on his bike just next to Mukesh. Sameer
started bleeding profusely and fell unconscious. Both Rahul and Sanjay left the
scene immediately. Mukesh took Sameer to hospital. Sameer died after 12 hours in
the hospital.
A case was registered against Rahul under section 302 read with Section 301 of the
Indian Penal Code, 1860. Post mortem report disclosed the cause of death was head
injury which was ante mortem in nature. Investigating officer recovered the iron rod
used by Rahul from a pond near where crime took place, upon information given by
Rahul, while in police custody. Rahul pleaded right to private defense, grave and sudden
provocation and accident.
Argue the Case on behalf of “Prosecution” and “Defense” before the Trial Court
THE ISSUES IN THECASE ARE:
1. Whether the case under Section 302 r/w section 301 of the Indian Penal code, 1860
is maintainable?
2. Whether Rahul the accused can plead right to private defense, grave and sudden
provocation and accident?
Apart from the issues raised Additional issues pertaining to the above problem can be framed.
MOOT PROPOSITION V
Karim worked as a system operator at a
computer Centre in Jajhhar Dist., Haryana and
lived in the town. His village was at a distance of 12 kms from his workplace which
he ordinarily visited on Saturdays and Sundays. Sher Shah was a farmer who lived with his
family consisting of his wife, Sobti, son Gajendar Shah and a daughter Naina. Sher Shah’s
brother, Suri Shah, also lived in the same household. He was used to drinking and
gambling and owed a debt of Rs. 20,000 to Karim. Whenever Karim demanded
his money,
Suri Shah showed his helplessness but never denied to pay off his debt. Karim was in
love with Naina and used to meet Naina on the weekends when her father was
not at
home on the pretext that he had come to collect the money. Sher Shah did not like
it and told Karim many a times not to visit his home in his absence. He also scolded his
daughter for meeting Karim but Karim did not stop visiting Naina. During the day on
Nonday, 8th August 2010, Karim received a phone call from Suri Shah inviting him to
come that evening to collect his debt. Karim went to their house around 8.30 P.M. The
members of Naina’s family had finished their dinner and were preparing to go to sleep.
On hearing some whispering voices coming from the backyard of their house, Sher Shah
with his brother Suri Shah and son Gajendar Shah went there to investigate. They saw
Karim talking with Naina. Sher Shah lost his temper and started abusing Karim. Gajendar
Shah brought a lathi from inside and gave a blow to Karim on the leg. Then Suri Shah
grabbed the lathi from Gajendar Shah and started beating Karim mercilessly giving blows
on his head and chest. On hearing the hue and cry, other villagers came to the scene.
They found Suri Shah giving blows to Karim while the other two were shouting abus es
on Karim. Karim was bleeding from the head and became unconscious. He was taken to
the hospital by the villagers where he died three days later without regaining
consciousness. The post-mortem report confirmed that Karim suffered injuries on the
head and fractures of three ribs. There were many concussions on different parts of his
body. There was much loss of blood. While none of the injuries independently was
sufficient to cause death, the cumulative result was sufficient in the ordinary course of
nature to cause death. FIR was registered against Suri Shah, Gajendar Shah and Sher
Shah under Section 307 read with S. 34 of the Indian Penal Code. Three days later when
Karim died, it was changed to Section 302 r/w 34 IPC. The session court charged and
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/r
convicted all the three accused persons under Section 302 r/w 34 of the IPC and
sentenced them to life imprisonment for the murder of Karim. The accused persons
pleaded grave and sudden provocation in their defense. They also pleaded that the
prosecution had failed to prove existence of common intention of all the three accused
to kill Karim. In the absence of proof of common intention, they cannot be convicted
under Section 302 r/w 34 IPC.
The three accused have filed an appeal to the High Court against the order of conviction
and sentence.
ISSUES:
1. Whether the order of conviction and sentence of the sessions court under Section
302 r/w section 34 of the Indian Penal code, 1860 should be set aside?
2.
The three accused are not guilty of murder under Section 302 r/w section 34 of the
tndian Penal code, 1860,
3. The prosecution had failed to prove existence of common intention of all the three
accused to kill Karim under Section 34 of the Indian Penal code, 1860.
4. The accused acted as a result of grave and sudden provocation
Apart from the issues raised Additional issues pertaining to the above problem can be
framed.
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MOOT PROPOSITION
VI
The Cockroch (P) Ltd., a pharmaceutical Delhi based company, made a multivitamin
capsule called the "Maggots-M". The company claimed that the production of such
capsules is purely for the overall health, wellbeing and vitality of men, and therefore,
these capsules are one of the best diet health supplements as these capsules are
very effective and a unique blend of ginseng, vitamins and minerals. The company
announced in public that by taking one capsule a day, it provides great energy as well
as helps to fight against tiredness. It enhances the stress handling ability. The company
aggressively fixed the price of each capsule at Rs.50/-. The company declared in
public interest that these capsules are prepared to boost immunity as well as help to
enhance the quality of life. It improves the physical and mental health as well as helps
to rejuvenate and strengthen the body organs. To stay fit and active during the day,
bring home the "Maggots-M" capsules.
The Cockroch (P) Ltd. published advertisements in the reputed newspapers and other
media channels on December 01, 2013, claiming the number of benefits for the
consumption of"Maggots-N" capsules such as a diet health supplement for men; a unique
combination of minerals, vitamins and ginseng; Provides energy and fights against
tiredness; Perfect for overall health and vitality; Enhances quality of life; Helps to boost
immunity; Strengthens and rejuvenates body organs; Enhances mental and physical
health; Helps to stay fit and active throughout the day.
The company mentioned in the advertisement that these capsules have not been
evaluated by the Food and Drug Administration or the FSSAI (i.e., Food Safety and
Standard Authority of India). The Company declared in its advertisement that this
product is not intended to diagnose, treat, cure or prevent any disease. The company
also mentioned that all disputes regarding the consumption of these capsules must be
subject to the jurisdiction Courts in Dwarka, Delhi only.
The Cockroch (P) Ltd. further published advertisements in the same reputed newspapers
and other media channels on June 15, 2014, claiming that it would pay Rs. 50,
o anyone who got sick after using these capsules according to the instructio
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with it i.e., one capsule a day and this offer is not retrospectiv ely applicable.
The statement generated by the Cockroch (P) Ltd. is as under:- “Rs.50,000/- reward will
be paid by the Cockroch (P) Ltd. to any person who contracts with the increasing fatigue,
weakness or any disease caused by taking multi-vitamins “Maggots-M” capsules, after
having used one capsule a day, according to the printed directions supplied with the pack
of 10, 30 and 60 capsules whose expiry period will be of 5 years from the date of
manufacturing. The statement regarding award of Rs.50,000/- was printed on each pack
of 10, 30 and 60 capsules.”
During the period of 2014-15, people consumed thousands of "MaggotsM"multi-vitamin
capsules as preventive against body weakness; fatigue or any other disease due to
deficiency of any vitamin in the body and in no ascertained case any adverse effect was
found by those using these capsules. Mr. Kharak Singh, aged 15 years, suffered from
malnutrition; chronic fatigue syndrome and vitamin deficiency that led to muscle
weakness in the entire body system. The doctor recommended him daily intakes of
selected vitamins. He saw the advertisement of the Cockroch (P) Ltd., on July 15, 2014
regarding "f•taggots-I I" multi-vitamin capsules. He bought 5 packs of capsules bearing
the manufacturing and packing date of January 15, 2014. Each pack contained the dose
of 60 capsules. He started consuming one capsule a day as per the instructions
mentioned in each pack. He consumed the entire capsules as per the instructions
mentioned by the company for nearly 10 months but after a week he found that his body
is heavily relying on these capsules. He felt lot of bodily changes due to stop consuming
capsules such as frequent stomach upset; severe allergic reactions; difficulty in
breathing; tightness in the chest; swelling of the mouth, face, lips or tongue; feeling of
fatigue and weakness of the entire body.
Mr. Kharak Singh discovered that on resuming the consumption of these "Maggots-I I" multi-
vitamin capsules as per the usage prescription of the Cockroch (P) Ltd. Company, he got
relief from all types of bodily changes. In the meantime, during January - 2016, the
company again aggressively raised price of each capsule by 50 o/o to Rs.75/- as it found
the enormous success and rise in demand for the product. Mr. Kharak Singh after having
been firmly believed that his body cannot smoothly work without consuming these
capsules and his body developed an addiction for such capsules, he felt himself cheated
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by the company as he again cannot afford such a high price multi-vitamin capsules. He,
therefore, claimed Rs.50,000/- and other form of damages from the Cockroch (P) Ltd..
The company bluntly ignored the claim of Mr. Kharak Singh.
After few days, Mr. Kharak Singh’s advocate sent notice to the Cockroch (P) Ltd.
regarding his claim of Rs.50,000/ and other damages. On this notice, the company“s
officers replied with an anonymous letter that if it is used properly, the company had
complete confidence in the capsule’s efficacy, but "to protect the company against all
fraudulent claims" they would need him to come to the company“s office to use the
capsule each day and be checked by the secretary. Mr. Kharak Singh now brought a claim
to the court of law for seeking justice. The advocate representing him argued that the
advertisement and his reliance on it was a contract between him and the company, and
so the company ought to pay. The company denied such type of contract.
THE ESSUES IN THE CASE ARE:
1. Whether there was any binding effect of the contract between the parties?
2. Whether the contract in question required a formal notification of acceptance?
3. Whether I'm. Kharak Singh was required to communicate his acceptance of the offer to
Cockroch (P) Ltd.Company?
4. Whether Mr. Kharak Singh provided any consideration in exchange for the reward of
Rs.50,000/- offered by the company?
Apart from the issues raised Additional issues pertaining to the above problem can be framed.
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