prettypink06 (Student) 06 February 2013

Help for moot court preparation

Hello :)

I am pursuing 5year law course & right now i am in 2nd year. I am going to participate for the 1st time in a moot court competition held in our college. plz guide me for the preparation of memorials & arguments. Thnx a lot..!

The case is as follows:

Mr. A & Mr. B are good friends. They are possessing a land property in partnership. Now the conflict arises when Mr. B suffering from financial crisis ask Mr. A to sell thier property & divide the money between them equally according to their shares. Mr. A shows no willingness to sell the property. But later on Mr. A agrees & the property is sold off. Mr. B gets his part of money & now is free from his problems. Few weeks later Mr. A is murdered. On investigations by the crime investigation department, the team suspects Mr. B to be guilty of the crime of murder & arresrts Mr. B on the charge of murder. Now, the case is whether Mr. B the real culprit or not?

I've to prepare on both the sides..as a lawyer of the defendant as well as a lawyer of the appellant. I've no idea about what to write in memorials & on what points should i argue. It would be really grateful if u can just give me some hints or points on this topic. Plz guide me out as soon as possible. I'll be greatly obliged. Thanx in anticipation. :)

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 06 February 2013

On these facts the answer would be NO. Since this is a case where there is no direct evidence, a chain of circumstances have to be drawn from which there is no escape but only one conclusion that B only did it. This is a standard when you are deciding a case on circumstantial evidence. We just know B was in need of money and A had money, this may have provided an ocassion for the commission of crime (Relevant Fact u/s 7 of the Evidence Act) or the relations between them may be strained which may have constituted the motive (Relevant u/s 9) these are facts which raise an inference that B may have committed the crime but they are not conclusive or very strong and by themselves not good enough to sustain a conviction.

Think on these lines and you shall do well !

Sushil Rajawat (DY.Mgr.) 10 February 2013

Please help on below topics-

Moot Problem –Ist.-

Reena and Shivam was happily married couple they lived in Ghaziabad with their family. After 3 years of their marriage Shivam had changed his job and his new boss sent him to London for 6 months for some office work. During these 6 month Reena avoid the calls of Shivam and make illicit relation with some other person Raj. When Shivam return from London his father told him the whole story. Shivam asked many questions to Reena about it but without giving any answer she went back to her mother’s home. Mr. Shivam file a suit against Mr. Raj for the Offence of Adultery. The District court convicted Raj for offence of adultery and also.

Reena as an abettor of Adultery.

Now Reena file an appeal against the order of District for her Conviction. The appeal is pending, Discuss the validation of Reena’s conviction.

Moot Problem –2^nd –

Ria and Sheena two young women’s were arrested in Mumbai on November 19,2012 on charge of promote enmity between classess and sending offensive massage.

Through a communication service, atter one postea, and The other liked, a massage on facebook on November 18, 2012, questioning the Mumbai Bandh that followed Shiv Sena Leder Bal Thakery’s death.

Analysis the wrongful confinement of Ria and Sheena.

Moot Problem –3^rd –

Mr. Ramesh who was a surgeon in a hospital. When Mr. Ramesh’ blood was examining for donating to a patient.

He was found to be HIV (+), a deadly disease s*xually Communicable. The disease was disclosed and on account of the disease the Marriage which settled was called off. He claimed damages against the respondent for Breach of the duty of confidentiality.

Prepare the Argue.

Attached File : 821696946 llb-iiird year practical topics.doc downloaded: 262 times

prettypink06 (Student) 27 February 2013

Hello :)
I've been given the following case for Moot Court in my college. Please guide me how should I start the case. No paper work submissions; have to give just oral explanation. I am from the defendant side. Plz guide about which Articles of CrPc, IPC & IEA are to be used here.

A & B were childhood friends. Together they had purchased several land. Recently A was in need of money & therefore had asked B to liquidate land & give him his share. B was against the idea of liquidating land as price were sky rocketing. A asked B to lend him money. However latter refused to do so which led to altercation between them. A then approached Panchayat for his share of land, however B refused to acknowledge that A had any share in his land. A got very angry & threatened to kill B in front of everyone. Next morning B was found dead in his house & land papers were missing from his house. Police searched A’s house, & seized land papers from his house. A was arrested & tried for murder of B. Session Court convicted A for murder of B & sentenced him a death punishment. High Court while hearing confirmation & appeal against conviction acquitted A holding that suspicion no matter how much grave cannot take place of proof.

State preferred special leave petition before the Supreme Court under article 32 of Constitution Of India challenging acquittal by the High Court.

Whether State appeal should be allowed or dismissed, by citing authorities.

Please help me out for this case as soon as possible. Only guidelines & points to be raised while defending will help me a lot. I'll be very grateful to u..!
Thank You.