Anonymous
04 October 2021 at 14:12
Moot Problem:
I need to draft memorial from both sides for the below moot probelm.
In the village of Mylapore in the State Ramil Wadu there is an eminent businessman turned
politician Rahul Raghuvanshi. He has been elected to Ramil Wadu assembly successfully 3
consecutive times. Rahul a management graduate from Annamalai University was an active
student in Youth Politics. He was The President of Janata Morcha Youth wing and thereafter he
joined Janata Morcha, he held several posts within the party and at a young age of 31 became
MLA. Rahul is a 2nd generation politician and son of renowned industrialist Bhargav Raghuvanshi,
Shri Raghav Raghuvanshi has been a 2 times MLA and 3 times MP from Mylapore constituency,
he also held the portfolio of Minister for Urban Development when Janata Morcha was in power
in the country .Rahul Raghuvanshi being an Industrialist owned several factories which had huge
manpower and Trade unions with political affiliation. Rahul after procuring a degree in
management from Annamalai University chose to pursue his family business, in the course of his
business he had to grapple with many problems relating to workforce such as absenteeism, low
productivity, and acrimonious disputes as the trade unions had differences within themselves. A
strike broke out in Mr. Raghuvanshi’s factory on account of denial of bonus and incentives. There
was labour unrest, sloganeering and chaos. The Trade Union Leader Babu Shankar was affiliated
to Samaj Saghatan the party which was in the opposition and arch rival of Janata Morcha the Party
in power.
Rahul Raghuvanshi was in a fix and catch 22 situation as the labourers besieged the bunglow of
Rahul Raghuvanshi at the behest of Babu Shankar on account of political rivalry there was wide
media coverage of the issue. On the 2nd February, 2019 situation was extremely turbulent hence
the local police imposed Section 144 of Cr.PC and also detained a few labourers U/S 151 of Cr.PC.
The detention of many labourers exceeded the prescribed time ordained by Cr.PC. As Rahul
Raghuvanshi used his clout and influence to suppress the agitation, the family member of a worker
filed a Habeas Corpus petition on 6th February, 2019 Under Article 226 and 227 of Shennai High
Court at Ramil Wadu challenging the detention of several workers and also claimed compensation.
The Shennai Bench consisting of Chief justice allowed the petition and gave relief to the prayers
of the petitioners and also awarded compensation. The Trade Union leader Babu Shankar urged
the leader of opposition in Ramil Wadu assembly to broach a debate on Rahul Raghuvanshi’s
undue influence and causing loss to poor labourers. This led to furor in the Assembly demanding
resignation of Rahul Raghuvanshi was the post of standing committee for Education and
Environment. Rahul Raghuvanshi did not relent. This lead to social unrest and there were protest
marches across the city, agitation which led to Gheraos and Bandhs. The Home minister tried to
control the situation with Rapid Action Force and Local constabulary. In the course of this chaos
Rahul Raghuvanshi made a public speech at Tradulai Swamy stadium on 16th February 2019 in
the course of his speech he called the agitators of Samaj Sanghtans as ‘wild creatures’ and urged
the Janata Morcha workers to give a ‘fitting reply’ to the protesters. This caused a furor and there
was law and order problem which resulted in casualties and damage to property. Rahul
Raghuvanshi was held responsible for whatever transpired and he was compelled to resign from
the committees he was part of and the portfolio he held. The speech delivered by Rahul
Raghuvanshi was regarded as a hate speech causing enmity between two communities hence he
was booked under sec 153 A of IPC and a FIR was lodged against him on 17th Febraury 2019
There was round the clock coverage of the incidents of violence by the media. The opposition
demanded an inquiry of the incidents and insisted on setting up a commission. A Commission was
constituted on 1st April, 2019 by the Ruling Party i.e Janata Morcha under the auspices of retired
judge, Justice Vishwanath to enquire and investigate into this matter on urgent basis. The
commission submitted its report before the House on 30th June, 2019. There was election hence
the commission report was debated fiercely then kept in abeyance. Samaj Sanghatan captured
Power and Muthuswamy Nair became the Chief Minister in November 2019 and the commission
report was again debated with disruptions in the House. Though Rahul Raghuvanshi was booked
under sec 153 A of IPC and a FIR was lodged against him on 17th February 2019, he was not
arrested due to the political influence. The home minister finally demanded arrest of Rahul
Raghuvanshi and Rahul Raghuvanshi was arrested and produced before magistrate on 12th
November 2019. The Magistrate took cognizance of the complaint and convicted Rahul Raghu
Vanshi for 3 years imprisonment on 18th November 2019. The order was challenged in court of
sessions court, on 22nd November, 2019 the order was upheld and eventually it was challenged in
Shennai High Court on 27th December 2019. The High Court admitted the appeal and overruled
conviction on 16th July, 2021 of Rahul Raghuvanshi and found that lower courts made gross error
in passing such orders. The State challenged the High Court order of acquittal in the Supreme
Court of India in August 2021.
Issues:
1) Is he said appeal maintainable in the Supreme Court?
2) Is the High court justified in setting aside the session court’s order?
3) Does the case have anything pertaining to limitation act or has time barred as per the relevant
legal provisions?
4) Is sanction required for prosecution of Rahul Raghuvanshi as he is member of state assembly?
5) Is the government bound by the findings of Justice Viswanathan commission as regards its
implementation or not?
gurmit sakla
04 October 2021 at 11:27
Please suggest he has been on 8 July n uptill now no bail granted so how I will get a bail in this case
Vikas
03 October 2021 at 23:05
Hello,
I have a property in a co-operative housing society in Pune. It was unoccupied since the time of purchase and we occasionally visit the flat in a couple of years. This time around I found that the flat was already opened in spite of a latch.
There were marks of shoes, a dupatta and other things we have indicated that someone had gainer access to the house in our absence and was using it. The people living in the opposite flat said that they didn't know anything about someone entering our flat.
Can any legal action be taken against the society?
Anonymous
03 October 2021 at 22:53
My mother made a registered will in my favour for a house property. I have one brother who is a U S citizen and has no interest in the property. For name transfer of the property in municipal records is it necessary to probate the will? I am living in Tamilnadu and the property is in Tamilnadu.
Shaleen Airon
03 October 2021 at 22:35
Dear sir & Ma'm,
I am a Lt Col in Army and took a house on rent from 01 Aug 21. Paid initial one month rent and security deposit (equal to one month rent) by cheque.
Now landlord is insisting on only cash payment of monthly rent and refusing to issue any receipts nor providing me his PAN No.
On occupation of the house, the roof has been leaking and despite requests on whatsapp and photos, he has not got the repairs done.
I am in Durgapur. Just shifted my family on 1st September and now landlord threatening to evict.
I have spent all my Annual Leave in shifting family and spent a lot of money on fixtures and minor repairs. Now, after settling down, landlord is using my helplessness to his advantage.
Kindly advise.
I am thankful for all who respond and give their valuable advice.
Anonymous
03 October 2021 at 22:16
Hi,
My father owns a flat of size 1300 sq ft and a residential plot of size 2000 sq feet. We are planning to sell both of them to our relatives as a gift deed. The income from the sale of both will be zero.
Can I be qualified under the EWS reservation? My family income is less than 8 lakh. and once we sell both the properties may family has no assets at all.
Suraj Kumar
03 October 2021 at 18:38
I have given Rs20 lakh to my friend for purchase of house. The money is paid to him through account transfer from my account.He purchase the property in his name.
Now my friend wants to sale the property again my will and take the entire amount to his account.
How to stop selling of the property ??
Anonymous
03 October 2021 at 15:43
Is it mandatory to have ration card for surety in district magistrate court in pune. What isnthw alternative for ration card for surety in 498a a case.
shyam lal
03 October 2021 at 14:30
Is it warranted by law to give reason/reasons as to why one wants to gift his share of immovable property particularly to a third person & not to any blood relation.
If yes then what should be the appropriate one which would be appreciated in the eyes of the court/registrar.
Abhishek
03 October 2021 at 13:17
I have resigned after serving 6 years of uninterrupted service in Central Government. Am I eligible for gratuity?
Payment of Gratuity Act, 1972 , para 4 states that 5 years of service is required for payment of gratuity.
26(I) of CCS(pension) rule , 1972 states that my past service stands forfeited after resignation .
However, para 2, CCS(pension) rule 1972 states that it applies to Government servants appointed on or before 31st day of December,2003. As I was appointed in 2015, Is CCS (pension) rule applicable for me ??
If no, its rule 26(I) for forfeiture also does not apply to me? Does that imply I may be eligible for gratuity payment?
Memorial drafting
Moot Problem:
I need to draft memorial from both sides for the below moot probelm.
In the village of Mylapore in the State Ramil Wadu there is an eminent businessman turned
politician Rahul Raghuvanshi. He has been elected to Ramil Wadu assembly successfully 3
consecutive times. Rahul a management graduate from Annamalai University was an active
student in Youth Politics. He was The President of Janata Morcha Youth wing and thereafter he
joined Janata Morcha, he held several posts within the party and at a young age of 31 became
MLA. Rahul is a 2nd generation politician and son of renowned industrialist Bhargav Raghuvanshi,
Shri Raghav Raghuvanshi has been a 2 times MLA and 3 times MP from Mylapore constituency,
he also held the portfolio of Minister for Urban Development when Janata Morcha was in power
in the country .Rahul Raghuvanshi being an Industrialist owned several factories which had huge
manpower and Trade unions with political affiliation. Rahul after procuring a degree in
management from Annamalai University chose to pursue his family business, in the course of his
business he had to grapple with many problems relating to workforce such as absenteeism, low
productivity, and acrimonious disputes as the trade unions had differences within themselves. A
strike broke out in Mr. Raghuvanshi’s factory on account of denial of bonus and incentives. There
was labour unrest, sloganeering and chaos. The Trade Union Leader Babu Shankar was affiliated
to Samaj Saghatan the party which was in the opposition and arch rival of Janata Morcha the Party
in power.
Rahul Raghuvanshi was in a fix and catch 22 situation as the labourers besieged the bunglow of
Rahul Raghuvanshi at the behest of Babu Shankar on account of political rivalry there was wide
media coverage of the issue. On the 2nd February, 2019 situation was extremely turbulent hence
the local police imposed Section 144 of Cr.PC and also detained a few labourers U/S 151 of Cr.PC.
The detention of many labourers exceeded the prescribed time ordained by Cr.PC. As Rahul
Raghuvanshi used his clout and influence to suppress the agitation, the family member of a worker
filed a Habeas Corpus petition on 6th February, 2019 Under Article 226 and 227 of Shennai High
Court at Ramil Wadu challenging the detention of several workers and also claimed compensation.
The Shennai Bench consisting of Chief justice allowed the petition and gave relief to the prayers
of the petitioners and also awarded compensation. The Trade Union leader Babu Shankar urged
the leader of opposition in Ramil Wadu assembly to broach a debate on Rahul Raghuvanshi’s
undue influence and causing loss to poor labourers. This led to furor in the Assembly demanding
resignation of Rahul Raghuvanshi was the post of standing committee for Education and
Environment. Rahul Raghuvanshi did not relent. This lead to social unrest and there were protest
marches across the city, agitation which led to Gheraos and Bandhs. The Home minister tried to
control the situation with Rapid Action Force and Local constabulary. In the course of this chaos
Rahul Raghuvanshi made a public speech at Tradulai Swamy stadium on 16th February 2019 in
the course of his speech he called the agitators of Samaj Sanghtans as ‘wild creatures’ and urged
the Janata Morcha workers to give a ‘fitting reply’ to the protesters. This caused a furor and there
was law and order problem which resulted in casualties and damage to property. Rahul
Raghuvanshi was held responsible for whatever transpired and he was compelled to resign from
the committees he was part of and the portfolio he held. The speech delivered by Rahul
Raghuvanshi was regarded as a hate speech causing enmity between two communities hence he
was booked under sec 153 A of IPC and a FIR was lodged against him on 17th Febraury 2019
There was round the clock coverage of the incidents of violence by the media. The opposition
demanded an inquiry of the incidents and insisted on setting up a commission. A Commission was
constituted on 1st April, 2019 by the Ruling Party i.e Janata Morcha under the auspices of retired
judge, Justice Vishwanath to enquire and investigate into this matter on urgent basis. The
commission submitted its report before the House on 30th June, 2019. There was election hence
the commission report was debated fiercely then kept in abeyance. Samaj Sanghatan captured
Power and Muthuswamy Nair became the Chief Minister in November 2019 and the commission
report was again debated with disruptions in the House. Though Rahul Raghuvanshi was booked
under sec 153 A of IPC and a FIR was lodged against him on 17th February 2019, he was not
arrested due to the political influence. The home minister finally demanded arrest of Rahul
Raghuvanshi and Rahul Raghuvanshi was arrested and produced before magistrate on 12th
November 2019. The Magistrate took cognizance of the complaint and convicted Rahul Raghu
Vanshi for 3 years imprisonment on 18th November 2019. The order was challenged in court of
sessions court, on 22nd November, 2019 the order was upheld and eventually it was challenged in
Shennai High Court on 27th December 2019. The High Court admitted the appeal and overruled
conviction on 16th July, 2021 of Rahul Raghuvanshi and found that lower courts made gross error
in passing such orders. The State challenged the High Court order of acquittal in the Supreme
Court of India in August 2021.
Issues:
1) Is he said appeal maintainable in the Supreme Court?
2) Is the High court justified in setting aside the session court’s order?
3) Does the case have anything pertaining to limitation act or has time barred as per the relevant
legal provisions?
4) Is sanction required for prosecution of Rahul Raghuvanshi as he is member of state assembly?
5) Is the government bound by the findings of Justice Viswanathan commission as regards its
implementation or not?