KES’ SHRI J.H.

PATEL LAW COLLEGE PRACTICAL TRAINING 2023

Team Code: R

KES’SHRI JAYANTILAL H. PATEL LAW COLLEGE

PRACTICAL TRAINING 2023

BEFORE THE HON’BLE SUPREME COURT OF INDEYA

UNDER ARTICLE 32 OF THE CONSTITUTION OF INDEYA

NARI MUKTI MORCHA …PETITIONER

VERSUS

UNION OF INDEYA …RESPONDENTS

WRITTEN SUBMISSION ON BEHALF OF THE RESPONDENTS

COUNSELS APPEARING ON BEHALF OF THE RESPONDENTS

INDEX OF AUTHORITIES

MEMORIAL ON BEHALF OF THE RESPONDENTS 1

 KES’ SHRI J.H. PATEL LAW COLLEGE PRACTICAL TRAINING 2023

CASES REFERRED

SR. NO. CASE CITATION

1. Bolam v. Friern Hospital Management (1957) 1 WLR 582
Committee
2. Jacob Mathew vs. State of Punjab &Anr. AIR 2005 SC 3180
3. Kusum Sharma v. Batra Hospital (2010) 3 SCC 480
4. Maharaja Agrasen Hospital v. Rishabh Sharma (2020) 6 SCC 501

5. Samira Kohli v. Dr. Prabha Manchanda (2008) 2 SCC 1

6. Shoda Devi v. DDU/Ripon Hospital, Shimla (2019) 14 SCC 357
&Ors.

7. State of Himachal Pradesh v. Shyam Singh AIR 2008 (NOC) 2666 (HP)
8. V. Krishnakumar v. State of Tamil Nadu AIR 2015 SC 2836
9.

BOOKS REFERRED
1. R. K. Bangia, Law of Torts, (25th Edition, Allahabad Law Agency 2020)
2. Halsbury, 3rd Edn. Vol 26, 17 para 22
3. Introduction to the Law of Torts & Consumer Protection, Dr. Avtar Singh, 4th
Edition, Lexis Nexis.
LEGISLATION
1. The Consumer Protection Act, 2019
2. The Indian Medical Council Act, 1956
3. Mental Capacity Act, 2005.

LEGAL DATABASES

1. SCCOnline
2. Manupatra
3. Livelaw
4. Bar & Bench

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STATEMENT OF JURISDICTION

The Counsels for the Respondents, most humbly and respectfully, submit that the
Petitioners have approached the Supreme court of Indeya under Article 32 of the
Constitution of India 1950.

The present memorandum sets forth the facts, contentions, and arguments on behalf of
the Respondent in the present case.

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 KES’ SHRI J.H. PATEL LAW COLLEGE PRACTICAL TRAINING 2023

STATEMENT OF FACTS

Rangan Temple which is located in the Peri Tiger Reserve in the Western Ghat
mountain ranges of Mahapeksha, in country of Indeya was established in 9th
Century. Pilgrims trek the Jheelimala to reach the shrine, which has 18 sacred
steps, to worship Lord Chinnapa after undergoing strict religious vows for 48
days. There is a popular folk fare surrounding the deity of the God Chinnappa was
blessed by Lord Mani, at the location of this temple with the ablity to grant
wishes on the condition that he remains celibate. Women aged 10 to 50 i.e., those
who are in menstruating age, are barred from entering the temple. The Nari Mukti
Morcha (NMM) is a NGO which works for the objective of gender equality.

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 KES’ SHRI J.H. PATEL LAW COLLEGE PRACTICAL TRAINING 2023

STATEMENT OF ISSUES

1. Whether the present Petition is maintainable before the Supreme court of Indeya?

2. Whether the temple authorities can protect themselves under the Article 25 and 26 of
the Constitution of Indeya?

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 KES’ SHRI J.H. PATEL LAW COLLEGE PRACTICAL TRAINING 2023

SUMMARY OF ARGUMENTS

1. WHETHER THE PRESENT PETITION IS MAINTAINABLE BEFORE THE

SUPREME COURT OF INDEYA?

2. WHETHER WHETHER THE TEMPLE AUTHORITIES CAN PROTECT

THEMSELVES UNDER THE ARTICLE 25 AND 26 OF THE CONSTITUTION
OF INDEYA?

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 KES’ SHRI J.H. PATEL LAW COLLEGE PRACTICAL TRAINING 2023

ARGUMENTS ADVANCED

1. WHETHER THE PRESENT PETITION IS MAINTAINABLE BEFORE

THE SUPREME COURT OF INDEYA?

1.1Medical Negligence:
It is most humbly submitted that any and every doctor owes certain duties to the
Patient, who consults the doctor for illness. The Black’s Law Dictionary defines
Negligence as the omission to do something which a reasonable man, guided by those
ordin

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 KES’ SHRI J.H. PATEL LAW COLLEGE PRACTICAL TRAINING 2023

2. WHETHER WHETHER THE TEMPLE AUTHORITIES CAN PROTECT

THEMSELVES UNDER THE ARTICLE 25 AND 26 OF THE
CONSTITUTION OF INDEYA?

2.1 DEFICIENCY IN SERVICE

Deficiency has been defined under Section 2 (11) as “any fault, imperfection, shortcoming
or inadequacy in the quality, nature and manner of performancewhich is required to be
maintained by or under any law for the time being in force or has been undertaken to be
performed by a person in pursuance of a contract or otherwise in relation to any service

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 KES’ SHRI J.H. PATEL LAW COLLEGE PRACTICAL TRAINING 2023

PRAYERS

Wherefore, in the light of the fact stated, issues raised, argument advanced and authorities
cited, it is most humbly prayed by the Respondents before the Hon’ble District
Commission of Bharatvarsh to adjudge and declare:

1. That no act of medical negligence has been committed by the Respondent Nos. 2 & 3;

2. That there was no medical negligence constituting deficiency in service as defined

under Consumer Protection Act, 2019;

3. That the Respondent No. 1 is not vicariously liable;

Pass such other and further orders as this Hon’ble District Commission may deem fit and
proper in the facts and circumstances of this case.

For this act of Kindness, the Respondent, as in duty bound, shall humbly pray.

Place: -

Date: -

Respectfully submitted by:

Sd/-

COUNSEL FOR THERESPONDENTS

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