NALANDA LAW COLLGE MOOT COURT MEMORIAL

TEAM CODE: ______

BEFORE THE HON’BLE HIGH COURT OF MUMBAI, MAHARASHTRA

IN THE MATTERS OF:

Ramprasad ...PETITIONER

Vs.

Kareem ..................................................................................................................................... RESPONDENT

WRIT PETITION (CRL.) NO. 0 21 /2021

ON SUBMISSION TO THE HON’BLE HIGH COURT OF MUMBAI, MAHARASHTRA

UNDER ARTICLE 19 AND 20 OF The Code of Civil Procedure, 1908

WRITTEN SUBMISSIONS ON BEHALF OF PETITIONER

COUNSEL ON BEHALF OF PETITIONER

MEMORIAL ON BEHALF OF THE PETITIONER

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TABLE OF CONTENTS

LIST OF ABREVIATIONS .................................................................................................

INDEX OF AUTHORITIES ................................................................................................

STATEMENT OF JURISDICTION ......................................................................................

STATEMENT OF FACTS ...................................................................................................

ISSUES RAISED ...............................................................................................................

SUMMARY OF PLEADINGS ..........................................................................................

WRITTEN PLEADINGS ...................................................................................................

PRAYER ............................................................................................................................

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LIST OF ABREVIATIONS

% Percentage

& And

¶ Paragraph

AIR All India Reporter

Anr. Another

Cr. LJ Criminal Law Journal

F.I.R First Information Report

Govt. Government

Hon‟ble Honourable

i.e. That is

LR Law Report

Ltd. Limited

Ors. Others

SC Supreme Court

SCR Supreme Court Reporter

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Supp. Supplementary Volume

U.O.I. Union of India

Vs. Versus

CS Case Status

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INDEX OF AUTHORITIES

STATUTES

The Code of Civil Procedure, 1908

The Constitution of India, 1950

Indian Penal Code, 1860

Indian Evidence Act, 1872

CASES

Purushottam Lal Sayal v. Prem Shankar All India Reporter 1966 Allahabad 377

Miss Kamalini Manmade versus Union of India 1967 Maharashtra Law Journal 823

Maulik Kotak -Vs- State of Maharashtra 2014 Criminal Law Journal 4235
(BOMBAY)

S.K. Chand vs . Vipul R. Patel & Anr. CS. NO. 76/12 [Rule 11 of CPC read with
section 19 of CPC.]

Labh Singh And Another vs Hem Raj C.R.No.6137 of 2010

BOOKS AND ARTICLES

C. Kashyap, B.N. Patel, The constitution of India and International Law,19( 3rd ed., 2005)

M.P. Jain, Indian Constitutional Law, (7th Ed., 2014) ............................................................

LEGAL DATABASES

 www.manupatra.com
 www.IndianKanoon.com

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 www.lactopus.com

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STATEMENT OF JURISDICTION

The Petitioners have approached the Hon‟ble High Court of Mumbai under Article 21 of the
Constitution of India, 1950.

Article 21 of the Constitution of India, 1950 : No person shall be deprived of his life or personal
liberty except according to procedure established by law

Article 19 And 20 Of The Code Of Civil Procedure, 1908 :

19. Suits for compensation for wrongs to person or movables.

20. Other suits to be instituted where defendants reside or cause of action arises.

Indian Penal Code 1860 Section 499 and Section 500 of IPC deals with the defamation as an
offence. It is considered as the statement of fact, which is unprivileged and not true, that must
harm someone's reputation, either by spoken or written, and the same must be published before
the third party.

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STATEMENT OF FACTS

I. On the First day of March 2021, The Respondent publicly accused to the Petitioner for
selling adulterated milk which has caused immense harm to his health. The present
suit is meant for compensation to the Petitioner for the harm done due to illegal act
performed by the Respondent.

Matters of Inducement:
(2) Petitioner is a milk man and sells milk in many colonies of Mumbai including
MGRoad, AB Nagar.

(3) Respondent is the president of an informal residents association of MG Road.

Facts constituting cause of action:

(4) In a residents association meeting held on 1/03/2021, the Respondent publicly accused

the Petitioner of selling adulterated milk. A tape record of the respondent making the

accusation is attached with this petition.

(5) The said speech made by the Petitioner was heard by hundred of residents of MG
Road, where the respondent sells goods.

(6) The said speech made by the Respondent has caused the Petitioner a lot of

embarrassment and loss in his business.

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ISSUES RAISED

1) WHETHER THE PETITIONER FILE A SUIT BEFORE THIS COURT IS

LEGALLY CORRECT ?

2) WHETHER THE OFFENCE COMES UNDER SUBSTANTIVE LAW &

PUNISHABLE ?

3) WHETHER THE PETITIONER CAN PROVE THAT HE IS NOT GUILTY ?

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SUMMARY OF PLEADINGS

4) WHETHER THE PETITIONER FILE A SUIT BEFORE THIS COURT IS

LEGALLY CORRECT ?
YES, PETITIONER HAVE A RIGHT TO GET JUSTICE

5) WHETHER THE OFFENCE COMES UNDER SUBSTANTIVE LAW &

PUNISHABLE ?.
YES, THE OFFENCE COMES UNDER SUBSTANTIVE LAW & PUNISHABLE.
AS PER THE ARTICLE 19 AND 20 OF THE CODE OF CIVIL PROCEDURE, 1908 :

19. SUITS FOR COMPENSATION FOR WRONGS TO PERSON OR

MOVABLES.
20. OTHER SUITS TO BE INSTITUTED WHERE DEFENDANTS RESIDE OR
CAUSE OF ACTION ARISES

6) WHETHER THE PETITIONER CAN PROVE THAT HE IS NOT GUILTY ?

YES, THE PETITIONER’S ADVOCATE CAN DO ARGUMENT BEHALF OF
HIM TO PROVE HE IS NOT GUILTY.

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WRITTEN PLEADINGS

7) WHETHER THE PETITIONER BROUGHT BEFORE THIS COURT IS LEGALLY

CORRECT ?

CONSTIUTE OF INDIA HAS GIVEN FUNDAMENTAL RIGHTS TO EACH &

EVERY CITIZEN. IN ARTICLE 21 OF THE CONSTITUTION OF INDIA
MENTIONED THAT NO PERSON SHALL BE DEPRIVED OF HIS LIFE OR
PERSONAL LIBERTY EXCEPT ACCORDING TO PROCEDURE ESTABLISHED BY
LAW.

8) WHETHER THE OFFENCE COMES UNDER SUBSTANTIVE LAW &

PUNISHABLE ?
IN CIVIL LITIGATION, BOTH THE PARTIES CAN APPEAL IN A CIVIL CASE
SUBSTANTIVE LAW IS CONTRASTED WITH PROCEDURAL LAW.
SUBSTANTIVE LAW DEFINES RIGHTS AND RESPONSIBILITIES IN CIVIL
LAW.

AS PER THE SECTION 499 OF THE INDIAN PENAL CODE, ANY PERSON WHO
BY SPOKEN OR WRITTEN WORDS, SIGNS OR VISIBLE GESTURES CREATES
OR PUBLISHES ANY IMPUTATION ON ANY PERSON WITH AN INTENTION TO
HARM THE REPUTATION OF THAT PERSON. THE PERSON MAKING SUCH
IMPUTATION SHOULD HAVE THE KNOWLEDGE OR A REASON TO BELIEVE
THAT SUCH IMPUTATION WILL RUIN THE REPUTATION OF THE PERSON.

9) WHETHER THE PETITIONER CAN PROVE THAT HE IS NOT GUILTY ?

YES, IN COURT, THE PETITIONER’S ADVOCATE CAN DO ARGUMENT
BEHALF OF HIM TO PROVE THAT HE IS NOT GUILTY. DURING THIS
ARGUMENT IN THE COURT,THE RESPONDENT NEED TO PROVE WHAT
HE SAID AGAINST THE PETITIONER.

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PRAYER

Wherefore in the light of the issues raised, arguments advanced and authorities cited, it is
humbly requested that this Hon‟ble Court may be pleased to adjudge and declare:

 The writ petition filed as maintainable.

 The Petitioner is very keen about his reputation & business & as per Respondent
statement, he was involved in offence of Defamation

And pass any such order, other order that it deems fit in the interest of Justice, Equity and
Good Conscience.

And for this, the Petitioner as in duty bound, shall humbly pray.

COUNSEL ON BEHALF OF THE PETITIONER

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