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My Moot Court Cases

(Querist) 15 September 2008 This query is : Resolved 
Plz help me out urgently.

Dear Sir/M’m
Whatever Side u may take Defense or prosecution or plaintiff or from the defendant side for the following cases in which I hv to prepare written arguments Plz help me so I can present the arguments in the law college as I m not regular- student. Thanx in advance.

Moot Court Case No.1
“ Chayya a 4 storyed building in Ulhasnager made news in all dailies in Oct.2007. One wing of the building crashed down killing 14 people,injuring 17. There was heavy financial loss suffered by many.Rescuse operations went on full swing; govt. announced exgratia payments to the dead & the injured. there were allegations that Ujjwal Kumar and Premkumar brothers & owners of a jewelley shop in the ground floor of the Chayya wing which crashed had carried out extensive renovations in their shop
In spite of objections from other owners the brothers carried out all the works as per their plan. At that time of the crash the shop was closed & the brothers were shopping in Bombay. When they returned to Chayya where they had their residence in the other wing which remained in tact the furious residents attacked them. They ran for the lives and were hiding. FIR was filed against them for offences under IPC. They filed an anticipatory bail application. The application has come up for hearing. Ref…IPC,CrPC

Moot Court Case No.2
In Makwani International school punctuality is the rule. On 10/9/2006 pankaj and 3 more students of Std. 10 arrived 15min late for the morning sessions which starts exactly at 7.00am. The concerned teacher Mr. Panday punished the boys for cming late. he asked the students to take three rounds of the 400mtrs school ground are more generally awarded. pankaj requested exemption on the ground of fatigue but his request was turned down.
On 10/9/2006 pankaj while taking the round collapsed. he was rushed to the hospital but pronounced brought dead. Pankaj’s heart ailment was till then not known to the parents. the angry students started beating the teacher & he was rescued by other staff of the school. On complaint by parents of pankaj, Mr.pandey was charged for causing death by negligence. the case is for hearing.
Mr. Pandey has been charged for causing death by negligence. IPC,CrPC

Moot Court Case No.3
Sakina married Hussain on 1/12/2006. the marriage was conducted in grand manner. barat expenses were borne by Hussain’s father. Hussain’s father claimed Rs.25000 in all from Sakina”s father under difference heads like gas light band etc. incurred for barat.
Sakina’s father paid only Rs.20000-so angry Hussain’s family left back the bride. Sakina’s father was a man of status & as result of barat returning without bride, he suffered loss of reputation. this happened at the full gaze of all the guests & relatives who attended. Bride was not taken to matrimonial home, thereafter also Sakina”s father filed suit for defamation in Dec.2007 Ref: Tort, CPC

Manish Singh (Expert) 16 September 2008
in the first case you will have to look into the facts and circumstances of the case where such repairs done by the sop owner was the real cause for the collapse or in fact the building was so old and it collapsed due to its own reaosns.

In the second case, the teacher shall not be convicted for rash and negligent act since there was nothing on his side which amounts to negligent act since nobody knew about the desease.
It was just a disciplinary action under legal boundaries.

The third case can not amount to defamation since there is no imputation by the other party.
it could be a case of dowry.
Trupti (Querist) 17 September 2008
Thank u very much for giving very valuable advise for defence Sir


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