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anusha amin (student)     23 January 2013

Moot case

 

The Case...
Ms Roma V. Oriental Television Inc
Dotted with a plethora of small hills covered by thick forests, the district of Phoolwadi attracts tourists from distant places. It provides thrilling scenic beauty and being away from the bustle of modern life, is ideal for holidaying. Small lodges and motels have come up; though restful and comfortable, they are very isolated. Some of these dwellings are deep inside the thick forests. The location and the resulting influx of tourists regularly to Phoolwadi have come as a boon to the professional dacoit Kalikaran. The tourists are easy targets for his typical and daring operations. Kalikarna shot into the lime light when he held Ms Roma, who was recently decorated with the 'Charming Bride India' title at a national beauty contest, captive in suite no. 3 of Triveni Cottages. He was holded up in the cottage along with the hostage. The high drama ended in an operation by the National Commandos at the end of seven days which led to the arrest of Kalikaran. One of the Commandos, who was shot at by Kalikaran, succumbed to his injuries. Kalikaran was convicted and sentenced to death. The death sentence was confirmed by Higher Courts and his mercy petition was rejected.
Being alone in the prison and awaiting death, Kalikarana recounted the 'hostage drama'. He wrote a book giving a detailed account of those seven days, Kalikaran also disclosed how Miss. Roma, during the period of captivity, was drawn towards him and developed a 'fatal attraction'.
A leading television channel, Oriental Television Inc. (OTV) approached Kalikaran for his consent to shoot a serial based on the book. Kalikaran agreed to the request and accordingly after his execution, a popular serial titled "The Bride and the Beast" was shot with look alikes. The serial became a hit particularly among the teenagers.
Aggrieved by the public disclosure, Miss Roma filed a suit against OTV claiming compensation and damages. 
Require pionts in favour of defendent. Also what sections are applicable in thi case. please do help.


Learning

 7 Replies

sachin (Student)     23 January 2013

which moot is it? (university or moot name)

anusha amin (student)     23 January 2013

its been conducted by our college....

sachin (Student)     24 January 2013

which college you are in?

pratik (Legal Executive)     25 January 2013

The present case fall under the perview of a Law foTort. Therefore no perticular section is applicable here. A tort is a civil breach committed against another in which the injured party can sue for damages. In personalinjury cases, the injured party will attempt to receive compensation with the represantation of a lawyer in order to recover from damages incurred.Tort law decides whether a person should be held legally responsible for injury against another, and what type of compensation the injured party is entitled to. There are four elements to tort law: duty, breach of duty, causation, and injury. In order to claim damages, there must be a breach in the duty of the defendant towards the plaintiff, which results in an injury.

I hope this information will help you in findings points in favour of defendant.

1 Like

anusha amin (student)     25 January 2013

Thank you very much sir for your help.

anusha amin (student)     25 January 2013

Sir, can you tell me does the above case gives rise to any kind of contract between OTV channel and Mr. Kalikaran ?

pratik (Legal Executive)     28 January 2013

to answer your question i have to go through all the facts of the case which are not  available here.

yet i would like to tell you that, to constitute a Contract there are certain assential things which are need to be fulfil. 

like 1. there must be a two parties, 2. there must be a proposal and acceptance, 3. there must be a free consent, 4. there must be consideration etc. 

in present case otv channel have just seeks mr. kalikaran's permmission to shoot the serial, i dont see any  kind of consideration here, so according to my knowldge it doesnt constitute contract here,

yet you better get advice from some seniour advocates,

thank you.


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