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PNM-09

3rd Intra Moot Court Competition, 2022

BEFORE THE HON’BLE SUPREME COURT OF

BHARAT
SPECIAL LEAVE PETITION NO: / 2022 UNDER
ARTICLE 136 OF THE CONSTITUTION OF BHARAT

IN THE MATTER OF:

JORDAN JAKHAR PETITIONER

VERSUS

PLATINUM GROUP RESPONDENT

SPECIAL LEAVE PETITION UNDER ARTICLE 136 OF THE

CONSTITUTION OF BHARAT

As submitted to the Hon’ble Judges of the Hon’ble Supreme Court of Bharat.

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WRITTEN SUBMISSIONS ON BEHALF OF THE PETITIONER

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 3rd Intra Moot Cou1rt Competition,

TABLE OF CONTENTS

S. NO. TABLE OF CONTENTS PG. NO.

1. LIST OF ABBREVIATIONS 3
2. INDEX OF AUTHORITIES 5
3. STATEMENT OF JURISDICTION 7
4. STATEMENT OF FACTS 8
5. STATEMENT OF ISSUES 10
6. SUMMARY OF ARGUMENTS 11
7. ARGUMENTS ADVANCED 12
7(A). ISSUE I: WHETHER THE PLATINUM GROUP HAS COMMITTED 13
WILFUL AND MEDICAL NEGLIGENCE?
7(B). ISSUE II: WHETHER THERE WAS A BREACH OF CONTRACT 13
BY EITHER OF THE PARTIES.

7(C). ISSUE III. WHETHER JJ IS LIABLE FOR CIVIL 14

DEFAMATION AGAINST PLATINUM GROUP

\7(D). ISSUE IV: WHETHER EITHER OF THE PARTIES SHALL BE 15

compensated for the loss/harm incurred
8. PRAYER 16

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LIST OF ABBREVIATIONS

S. NO. ABBREVIATIONS EXPANSION

1. & And
2. @ At
3. ¶ Paragraph
4. A.I.R. All India Reporter
5. Anr. Another
6. Art. Article
7. Assoc. Association
8. Bom. Bombay
9. Cl. Clause
10. Const. Constitution
11. Cr.P.C. Code of Criminal Procedure
12. Crl. M. P. Criminal Miscellaneous Petition
13. CriLJ Criminal Law Journal
14. Del. Delhi
15. Ed. Edition
16. F.R. Fundamental Right
17. Govt. Government
18. H.P. Himachal Pradesh
19. HC High Court
20. Hon‟ble Honorable
21. http Hypertext Transfer Protocol
22. I.L.R. Indian Law Reports

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23. IPC Indicus Penal Code
24. Ltd. Limited
25. M.P. Madhya Pradesh
26. Mad. Madras
27. MIB Ministry of Information and
Broadcasting
28. Ors. Others
29. Pg. Page
30. Pvt. Private
31. r/w Read with
32. Retd. Retired
33. S.C. Supreme Court
34. S.C.C. Supreme Court Cases
35. S.C.R. Supreme Court Reporter
36. Sec. Section
37. U.P. Uttar Pradesh
38. u/s Under section
39. u/ss. Under sections
40. UOI Union of India
41. URL Universal Resource Locator
42. v. Versus
43. Vol. Volume
44. W.P. Writ Petition

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INDEX OF AUTHORITIES

S. NO. CASES PG. NO.

1. Pooja Sharma vs Maharaja Agrasen Hospital on 1 July 2019 20
2. Maharaja Agrasen Hospital vs. Rishabh Sharma 2019 SCC Online 27
SC
1968
3. Bolam vs. Friern Hospital Management Committee reported in 1957 24
(2)
4. Jacob Mathew vs. State of Punjab and another - (2005) 35
5. Dr. (Mrs.) Indu Sharma vs Indraprastha Apollo Hospital 31

6. Rajkot Municipal Corporation vs Manjulben Jayantilal Nakum & 36

Ors
on 17 January, 1997
7. Bolton & Ors. vs. Stone [1951 Appeal Cases 850] 36
8. Caparo Industries v Dickman 1990 23
9. Ramesh Kumar Nayak vs Union of India (1994) 20, 21,
34

10. Alexander v. North Eastern Railway Co. (1885) 6 B & S. 340 22, 23,
31

11. Purushottam Lal Sayal Vs Prem Shankar (AIR 1966 Allahabad 377) 20
12. Subramanian Swamy vs Union Of India, Min. Of Law. on 13 May, 24
2016
13. Balram Prasad vs Kunal Saha & Ors on 24 October, 2013 23
14. Shoda Devi vs Ddu/Ripon Hospital Shimla on 7 March, 2019 28

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2022

S. NO. STATUTES

1. Indian contract Act 1872

2. . The Indian Penal Code, 1860.
S. NO. ONLINE DATABASE
1. AIR Online (All Indian Reporter)
2. EBC
3. JSTOR
4. Live law

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STATEMENT OF JURISDICTION

S.L.P No. of 2022

The Petitioner
Constitution of has endorsed their pleading before this Hon’ble Court under Article 136 of the
Bharat.

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STATEMENT OF FACTS

1. Platinum Group is a Vidhyanchal based company which has its chain of business across
the Bharat. Jordan Group is well known for their quality services and customer care centric
approach.

2. Jordan Jakhar (JJ) is a vocal artist, who is a resident of Prayag. JJ has his fan-base across
the globe. He travels to different countries to promote heavy metal music.

3. JJ signed a contract with Platinum Group. According to the contract, JJ was to be paid a
total amount 3.5 Crores, for a total of 5 performances across India. Platinum Group was
also responsible for the management of hospitality and other event management related
responsibilities of the artist.

4. The first event was hosted in Vidharbh and the event was a huge success according to
social media and reliable news sources. The next lined-up event was in Ahilya Nagar,
Ahilya Nagar is an underdeveloped city with a limited fan base of music. Artist insisted in
shifting the location but since all the arrangements were started with, the organizers denied
the request.

5. At the time of the event, a large number of residents of Ahilya Nagar were infected with
‘SARS Virus’. The event was conducted on a beach of Ahilya Nagar. After the event JJ
observed some issues with his throat, he decided to take some rest in his room. This wasn’t
the appropriate solution because sooner than later JJ had a headache and severe tonsils.

6. He was then admitted to Platinum Hospital where he was taken to a care room however,
the discomfort increased because the room was not very well ventilated.

7. The medicines which were provided to JJ were affecting him negatively.

8. JJ and his team decided to leave for Indraprasth immediately for better treatment. The team
left without conveying the same to organizers. Assuming the infection to be a minor one,
the organizers started preparing for their third and flagship line-up which was to be
conducted in Madras.

9. Later on, when the organizers came to know that the artist had left and had no intention to
continue the performances with the organizers they called up the manager of the artist an threatened them to
face appropriate consequences if the artist did not make himself
available for the next event.
10. The next day, the artist went live on social media and told that he had been treated poorly
by the organizers and that organizers are planning to harm the artist. The artist said - “I
signed up for this event to reach out to maximum fans of metal music, I signed up to give
power to the people through our music. The Vidarbh event was a great success, I don’t
know what made them treat me and my staff poorly. Ahilya Nagar was a black chapter of
my career, the facilities were worst. Doctors here have told me that medicine provided in
Ahilya Nagar didn’t suit my body and the infection is serious. My career is on stake, maybe
money is the only thing which those inhumane capitalists care about”.

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11. This went viral and a social media campaign was launched against the Platinum Group.
Triggered by the message, fans of the artist pelted stones on the property of Platinum
Group. Hashtags like #InhumanePlatinum and #BoycottPlatinum started trending over
social media.

12. This campaign led to cancellation of the whole tour of artists. The Platinum group
observed substantial loss of finances due to the campaign.

13. In reply, Platinum Group sued JJ for breach of contract and civil defamation and JJ cross
sued the group for Negligence and Medical Negligence.

14. After being decided in favor of the Platinum Group, JJ went to the Supreme Court of
Bharat at Indraprasth where the matter is listed for final arguments.

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STATEMENT OF ISSUES

ISSUE I:
Whether the Platinum group has committed wilful and medical negligence?

ISSUE II:
Whether there was a breach of Contract by either of the parties?

ISSUE III:
Whether JJ is liable for civil defamation against Platinum Group?

ISSUE IV:
Whether either of the parties shall be compensated for the loss/harm incurred?

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SUMMARY OF ARGUMENTS

ISSUE I: Whether the Platinum group has committed wilful and medical negligence?
It is humbly submitted that Platinum group had committed medical negligence under Section
336, 337 of IPC. According to Winfield, “Negligence as a tort is the breach of the legal duty
to take care which result in damage, undesired by the defendant, to the plaintiff”, and due to
the negligence of the respondent, JJ has suffered from severe case of throat infection which
was resulted in his career coming to a stake. The medicines which were provided by the staffs
of the platinum hospital for curing headache and severe tonsils affected him adversely and
had negative implications on his health.
ISSUE II: Whether there was a breach of Contract by either of the parties?
The Platinum group was responsible for the management of hospitality and all the
responsibilities of the artist during the event and they had failed to do so. This resulted is a
direct breach of contract by the Platinum Group as they failed to perform their duty of care
towards JJ that he was entitled to. According To section 73 and 74 of The Indian Contract
Act they are liable to pay compensation for the losses incurred.

ISSUE III: Whether JJ is liable for civil defamation against Platinum Group?

According to section 499 of IPC the first exception says that imputation of truth which public
good requires to be made or published. It is not defamation to impute anything which is true
concerning any person, if it be for the public good that the imputation should be made or
published. Whether or not it is for the public good is a question of fact. Thus what JJ said to the
public through social media does not amount to defamation.

ISSUE IV: Whether either of the parties shall be compensated for the loss/harm incurred?

According to section 336 and 337 of IPC, section 14(1)(d)of Consumer Protection Act,2019 and
section 73 and 74 of the Indian Contract Act, the aggrieved party is entitled for compensation for
the loss incurred.

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ARGUMENTS ADVANCED

ISSUE I : Whether the Platinum group has committed wilful and medical negligence?

Health is the greatest gift, contentment the greatest wealth, faithfulness the best relationship. As
said by Gautam Buddha. But in today’s world there are certain classes of people who lack the basic
sense of humanity and can go to any extent to satisfy their selfish needs.
JJ is a devoted artist and had already performed his best in the event hosted in Vidharbh by the
Platinum Group and ensured its success.
The next event was lined up in Ahilya Nagar and the place was already infected with SARS virus
beforehand. JJ, being a responsible singer raised objection and insisted the organisers to shift the
loaction but they refused. As a result, JJ continued to perform his obligations and held a successful
event over there. But, after the event he started facing some issues in his throat and decided to rest.
However, this did not help and his conditions worsened and he was suffering from a headache and
severe tonsils.
Seeing his condition he was admitted to Platinum Hospital where he was taken to the care room.
However, his conditions worsened over there as the room was not ill ventilated and he started
feeling discomfort and suffocation. He was also given medicines but it had negative implications
on him. Immediately, he along with his team left for Indraprasth for his treatment where the
doctors told him that the medicines given to him worsened his conditiions as they did not suit his
body and the gravity of seriousness of the infection has also increased.
According to the Bolam Test in the case of Bolam v Friern Hospital Management Committee, it
has been stated that the act or the omisssion done by the doctor, nurse or the hospital management
breached the duty of care.
In the case of Maharaja Agrasen Hospital V/S Master Rishabh Sharma and in the case of Pooja
Sharma V/S Maharaja Agrasen Hospital, it was decided by the Honourable Supreme Court that the
hospital was liable for medical negligence as inferred after using the Bolam Test.
In the case of Jacob Mathew V/S State Of Punjab, it was held that the hospital management is
equally responsible for medical negligence.

ISSUE II : Whether there was a breach of contract by either of the parties ?

According to the contract between Platinum Group and JJ, he had agreed for five performances
across India. In return the Platinum Group had entire responsibility for the management of
hospitality and thus, ensuring utmost care of the artist. However, they failed to do so as JJ was
compelled to perform in Ahilya Nagar amidst the SARS virus even after he insisted on shifting the
location. Moreover, they failed to provide him with the required medical care and ignored his
severe health issues for their own benifits. The Platinum Hospital where he was admitted by the
organisers added to the seriousness of his illness as the careroom was not ventilated properly and
suffocating for the artist. The medicines also had a negative impact on his health.
From these facts, it can be inferred that Platinum Group failed to perform duty of care towards JJ
which resulted in the breach of contract on their part. According to section 37 of Indian Contract
Act, “the parties to a contract must either perform, or offer to perform, their respective promises,

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unless such performance is dispensed with or excused under the provisions of this Act, or of any
other law”. Here the Platinum Group has failed to perform their promise of providing
proper hospitality and other responsibilities of JJ.

According to section 73 of the Indian Contract Act, JJ is entitled to get compensation for the losses
incurred by him as a result of breach of contract by the Platinum Group.

The liability of JJ to perform the contract is also relieved on the grounds of Force Majeure as he
was suffering from a throat infection and was sick, which was unforceable.
The provision of force majeure is provided under Section 56 of the Indian Contract Act, 1872 ('the
Act'). The relevant portion of the Section 56 is reproduced as under:
"Section 56. Agreement to do impossible act.—An agreement to do an act impossible in itself is
void.
Contract to do act afterwards becoming impossible or unlawful.—A contract to do an act which,
after the contract is made, becomes impossible, or, by reason of some event which the promisor
could not prevent, unlawful, becomes void when the act becomes impossible or unlawful."

In the case of Robinson v. Davison where there was a contract between the plaintiff and the
defendant’s wife who agreed to perform piano at a concert of the plaintiff on a stipulated date. But
due to sudden illness she was unable to perform at the concert and this was informed to the
plaintiffs on the morning of the date of performance. This caused the concert to be postponed and
caused losses to the plaintiff.

In the well known case of Taylor v. Caldwell, the defendants agreed to allow the plaintiffs to use
their music hall to conduct a concert for a few days. But before the performance of the concert the
hall was destroyed by fire without the fault of either party. The plaintiffs sued for their loss. The
court quashed their argument stating that the performance of the contract has become physically
impossible because of the destruction of the subject-matter that is the music hall in this case.

ISSUE III : Whether JJ is liable for civil defamation against Platinum Group ?

JJ is not liable for civil defamation against the Platinum Group. His act of going live on social
media and alerting the people of the country regarding the inhumane capitalist nature of the
Platinum Group was done for public good as he is a responsible citizen of the country.
According to section 499 of IPC, the first exception states that “Imputation of truth which public
good requires to be made or published- It is not defamation to impute anything which is true
concerning any person, if it be for the public good that the imputation should be made or
published”. Thus, what JJ did was for the public good at large.

In the case of A.M. Kuttysankaran Nair vs P.V. Kumaran Nair it has been stated that, it is not
defamation to impute anything which is true concerning any person, if it be for the public good
that the imputation should be made or published. Whether or not it is for the public good is a
question of fact.

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In Tiruvengadda Mudali vs. Tripurasundari Ammal, the Madras High Court observed that the
exceptions to Section 499, must be regarded as exhaustive as to the cases which they purport to
cover, and recourse can be had to the English common law to add new grounds of exception to
those contained in the statute

In Tiruvengadda Mudali vs. Tripurasundari Ammal, the Madras High Court observed that the
exceptions to Section 499, must be regarded as exhaustive as to the cases which they purport to
cover, and recourse can be had to the English common law to add new grounds of exception to
those contained in the statute.

ISSUE IV : Whether either of the parties shall be compensated for the loss/harm
incurred?

JJ is entitled to receive compensation from the Platinum Group as there was a direct breach of
contract as well as medical negligence as proved earlier. According to section 73 and 74 of the
Indian Contract Act, JJ should get compensation for the loss incurred by him because of the breach
of contract. The platinum group did not fulfill their obligations according to the contract between
them and JJ and thus are liable to pay compensation to him. According to 336, whoever does any
act so rashly or negligently as to endanger human life or the personal safety of others, shall be
punished with imprisonment of either description for a term which may extend to three months, or
with fine which may extend to two hundred and fifty rupees, or with both. The platinum group
neglected the fact that Ahilya Nagar was already infected with SARS virus and ignored JJ’s
request to change the location. They also ignored his severe health condition and thus endangered
his personal safety for which they are liable to pay compensation. Section 337 of IPC also states
that whoever causes hurt to any person by doing any act so rashly or negligently as to endanger
human life, or the personal safety of others, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine which may extend to five
hundred rupees, or with both. Section 14 (1) (d) of the Consumer Protection Act, says that the
compensation is payable to the consumer for loss or injury suffered because of any negligence of
the opposite party. In the case if Indu Sharma vs Indraprastha Apollo Hospital While fixing total
compensation of Rs 1 crore, the National Consumer Disputes Redressal Commission (NCDRC)
clarified that out of the total compensation Indraprastha Apollo Hospital, would pay Rs 80 lakh
and the gynecologist would pay Rs 20 lakh to the complainant.
the State of Haryana and Ors v. Smt. Santra, I (2000) CPJ 53 (SC) (by S. Saghir Ahmad and
D.P.Wadhwa, JJ.), the Supreme Court directed the hospital management to pay the compensation
to the petitioner.
Thus, the Platinum Group is liable to pay compensation to JJ for acting negligently and providing
poor medical facilities which affected his health adversely and put his career at stake

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PRAYER

Wherefore, may it please the Hon’ble Supreme Court of Bharat, in the light of facts and
circumstances of the case, issues raised, arguments advanced and authorities cited, the
Petitioner prays that this Hon’ble Court may be pleased to adjudge, rule upon, and determine
the following:
1. JJ is not liable for civil defamation.

2. JJ is entitled to get compensation from the Platinum Group.

3. The Platinum group has committed wilful and medical negligence.

4. The Platinum group has committed breach of contract.

AND/OR

Pass any other order it may deem fit in the interest of Justice, Equity, and Good Conscience.

All of which is most respectfully prayed and humbly submitted.

(Signed)
Place:
Date:
Counsel for the Petitioner