B.A.LL.B. – IX SEM 2012-13 - Lloyd Law College Greater Noida

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B.A.LL.B. – IX SEM 2012-13
PRACTICAL PAPERS PROBLEM SHEET
MOOT COURT, PRE–TRIAL PREPARATIONS AND PARTICIPATION IN TRIAL PROCEEDINGS.
(Course Code: BL 905, Marks – 100,)
1. MOOT COURT: (Marks: 10x3=30)
a) Problem No: 01
b) Problem No: 02
c) Problem No: 03
MOOT COURT (problems Enclosed Herewith)
1. Prepare Memorials for both (Plaintiff & Defendant) the parties and argue & submit in the College Moot Court
on the SCHEDULED MOOT DAY.
2. Kindly submit all written work in “MANUSCRIPT – HAND WRITTEN” only (plain A4 size sheet, single side
writing), any kind of typed work is not eligible for the submission.
3. To argue on the appointed day in the college Moot Court, on any one problems with memorials from both the
sides.
4. Arguments in Moot Court are permissible only in Proper Advocate Uniform (Without Band).
5. Failure in appearing on scheduled day, will disentitle the students any supplementary appearance and marks
thereof.
2. COURT ASSIGNMENTS: (Marks: 4x5=20)
Observation of Trial in Four cases i.e. two cases in Civil & two in Criminal. Each student will attend four trials in courts,
during their 15 days Internship in Court. Maintain record of his visits in his diary of seasonal work and enter the
various steps observed during his attendance on different days in court assignment.
a. Students should arrange their own affiliation with the Advocates for above said Court Assignment and below
mentioned Client Counseling, college may arrange for the leftovers.
b. All the work done under the guidance of an Advocate shall be submitted on the “FORWARDING LETTER –
on the letter head of the advocate”.
3. INTERVIEWING TECHNIQUES AND PRE-TRIAL PREPARATIONS: (Marks: 4x5=20+10)
a. FOUR INTERVIEWING SESSIONS: Each student has to observe four interviewing sessions of clients at
the lawyer office / legal aid office and record the proceedings in the diary of Sessional Works.
b. OBSERVATION & PREPARATION of Documents and Court Papers of the Advocate and Procedure for
filling the Suit / Petition;
What do you understand by Pre-trial Preparation? Explain various steps followed during Pre-trial preparation.
Describe various types of trials in the courts with special reference to sessions trail.
4. Viva – Voce Examination to be conducted before / after the Annual Examinations. (Marks: 20)
IMPORTANT NOTE:
On the Moot Schedule day, student is supposed to present and argue only on any one Moot Court Problem.
Complete Practical File submission containing all the Three Moot Court Memorials, Court Assignments,
Interviewing Techniques and Pre-Trial Preparation etc. are to be submitted at the time of the VIVA – VOCE

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EXAMINATION before the External Examiner which will be held after the Annual Examinations probably in the
month of April / May 2010.
Absence in Viva-Voce Examination will disentitle the student any marks, attendance, supplementary and fail
thereof in all other theory and practical papers as well as per Examination Rules of the C.C.S. University, Meerut.
REFRENCES FOR THE PRACTICAL PAPER FILE PREPARATION
TEXT SOURCES
1. Moot Court – O. P. Tiwari – ALA
2. Moot Court – Dr. S. P. Gupta – CLA
3. Law of Pleadings – M. k. Majumdar – ALA
4. Pleadings – M. L. Singhal – ALA
5. Law Of Conveyancing - M. k. Majumdar – ALA
6. Law of Pleadings – R. D. Srivastava – CLA
7. Public Interest Lawyering – O. P. Tiwari – ALA
8. Encyclopedia of Writs – P. M. Bakshi – CLA
9. Law of Writs – P. S. Narayan – ALH
10. Selected Judgments on Professional Ethics - BCI
INTERNET SOURCES
1. www.vakilno1.com
2. www.manupatra.com
3. www.scconline.com
4. www.legalpundits.com
5. www.lexisnexis.com
6. www.indlaw.com
7. www.airreporter.com
8. www.stpl-india.com
9. www.google.com
for all the updates kindly visit: www.lloydlawcollege.com

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Moot Problem – 1
The following advertisement appeared in The Bharat Times dated 15 th June 2010:
“A reward of INR 15000 will be paid by Relicop Pharmaceuticals Co. Ltd. (herein called the “Company”)
who contracts the emerging H1N1 flu or the related virus, after having taken their pill daily for three weeks
as per the directions printed on the box. We have a hundred percent success rate for the pill for the last
season of flu related diseases. Address : Relicop Pharmaceuticals Co. Ltd., Tansen Marg, New Delhi –
110001”
Mr. Kachru, residing in Ahemdabad, saw and the above advertisement and believed the accuracy of the
statements appearing in the advertisement. His son Rishabh Kachru, aged 12 years, was down with fever and
was taken to their family doctor Dr. Nanda. He then made Rishabh take the three weeks course of the pill.
Dr. Nanda had no knowledge of the said advertisement. However despite having taken the said course of
medicines Rishab contracted H1N1 flue on 27 th July 2010. Mr. Kachru, on behalf of his son wrote to the
Company about his son contracting the H1N1 flue and asking for INR 15000 as promised by them in their
advertisement. The Company denied the amount saying there was never a contract between Mr. Rishabh
Kachru and the Company due to the following:
Mr. Rishabh Kachru is a minor and does not have capacity to enter into a valid contract.
Dr. Nanda while prescribing the pill to Mr. Rishabh Kachru was not aware of the terms and conditions
prescribed in the advertisement.
Mr. Rishabh Kachru did not communicate his acceptance to the Company and
The contract was concluded in Ahmedabad where as it should have been concluded where the offer was
made, i.e. New Delhi.

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Moot Problem – 2
Jitender Sharma was a young boy of 18 years of age. He fell in love with Poonam Sharma who was a girl of
16 years of age. One day they eloped from their respective homes and finally got married as per Hindu rites
and ceremonies. Poonam‟s family members were against this marriage. Even her Grand Father and Paternal
uncle were not ready to accept this marriage at any cost. They threatened Poonam of her life and safety.
Thereafter Poonam‟s father lodge First Information Report (FIR) against Jitender at Gandhi Nagar Police
Station, Delhi under section 363 and section 376 of Indian Penal Code.
On 05.05.2010, a typed letter signed by Poonam was received at the Gandhi Nagar Police Station stating that
„she had married Jitender with her own will and request not to file any criminal case against Jitender‟.
Thereafter on 07.05.2010 Jitender and Poonam were apprehended from Bilaspur in Uttar Pradesh and
produced before respective court. Poonam refuse to undergo any medical examination. She did not state any
thing against Jitender in her statement before the Magistrate under section 164 of Code of Criminal
Procedure, 1973. Thereafter Jitender was sent to Juvenile Home.
Subsequently, Poonam gave in writing that she had left her parents home by her own will and went along
with Jitender. The court send Poonam to Nari Niketan for some time. Then on 17.05.2010, Poonam‟s
custody was handed over to her parents.
Thereafter, on 15.06.2010 Jitendre was released. Subsequently, he demanded custody of her wife by filling
writ petition in Delhi High Court.
Now argue for the both side and also the law and procedure in the aforesaid matter.
Some of the issues are listed below and are not limited to the below mentioned issues. These issues are
as follows:
1. Whether Jitender is liable for the kidnapping of Poonam from her legal guardian?
2. Whether the marriage is voidable under the Hindu Marriage Act, 1955?
3. Whether the Jitender is liable under section 376 of I.P.C., 1960?
4. Whether Poonam must be sent with Jitender under Guardian and Wards Act, 1890?

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Moot Problem – 3
Shri Ram Singh hails from State of Kerala, belongs to an orthodox Hindu family, and settled in Delhi from
1950 doing the manufacturing business. He has one wife and three daughters namely, Mrs. Gauri Singh aged
27, Ms. Ganga aged, 25 and Ms. Yamuna aged, 22. During the month of June 2007, Mr. Ram Singh, started
looking for a good bridegroom for his daughter, Ms. Ganga aged, 25 a gold medalist from IIT, Kanpur and
also working in TCS, New Delhi from June 2005. He has published his daughters profile on all the
matrimonial websites.
On July 2007, he came across a good profile of a boy namely Mr. Kiran Lal from same religion and also
working in software industry. His parents, Mr. Ratanlal and Mrs. Deeksha belong to Hindu religion, have
home in India and also in Texas in USA. His son got a job in USA during the year 2000. From the year 2000
he is working in USA and staying there alone. He holds Indian passport but is a resident of USA.
After the meeting of bridegroom and bride, the marriage was performed as per Hindu religion and also
Brahman community traditions. The marriage was conducted on 12.12.07. Later the marriage got registered
at sub-registrar office, in New Delhi.
On 01.01.2008, the couple left to USA, and stayed there for a period of one year and applied for permanent
residence in USA. In the middle of November 2008, some dispute arose between them, due to the Kiran
Lal‟s behaviour. Ms. Ganga, while she was in USA came to know that Mr. Kiran Lal, had already married
another woman in USA in the year 2006, by the name of Ms. Stella and subsequently filed petition for
divorce. During the pendency of proceedings, he came to India and completed the marriage with Ms.
Ganga.
Mr. Kiran Lal, started creating problems to her in USA and was not treating her properly. He kept her in
confinement at home and also harassed her.
With the help of some neighbours, she escaped from the custody of her husband and reached Delhi and
subsequently explained everything to their parents. In the month of March, 2009, Mr. Ganga filed a case for
divorce in the District Court. The District Court rejected the case for want of jurisdiction, since they
acquired permanent residence in USA, and bridegroom was also residing in USA.
Upon the dismissal of the case, Ms. Ganga filed an appeal before the Hon‟ble High Court of Delhi against
her husband, Mr. Kiran Lal for divorce and compensation.
Argue the case for the respective parties.