CCIV CIVIL LAW INTERNAL MOOT COURT PROBLEMS

5 Years B.A.,LL.B – A Semester X

MOOT PROBLEM 1

One Snigda, resident of Konnur, Mettur Taluk, Salem District, got married to one Suranjan,
resident of Andikarai, Mettur Taluk, Salem District in the year 2007 as per Hindu Rites and
Customs. At the time of marriage, she was 17.5 years of age, while Suranjan was

Through the wedlock, Snigda begot one male child, Keshav in the year 2008. The marital life
of Snigda became unstable after the child-birth as her husband started having an affair with
another woman named Macy. When Snigda objected to this illegitimate affair, she was
subjected to insurmountable cruelty at the hands of the said Suranjan and furthermore, Snigda
was sent out of the house and custody of the child was taken by the Suranjan. With no place to
go anywhere, Snigda went to her parents’ house at Konnur, Mettur Taluk, Salem District. She
stayed there for 6 months, in the hope that her husband Suranjan would come to take her back
home. Thereafter, Snigda and her parents decided to take matters into their own hands and
went to Suranjan’s house to confront him on his failure to perform his marital duties. When
they went to his house, they found out that Suranjan was staying with Macy and married her
according to Islamic rituals. He also converted his religion from Hinduism to Islam, as was
suggested by Macy's relatives before they could give their blessing for the marriage. In
consonance with the religious conversion, Suranjan also changed his name to Ali. Snigda was
angry and distraught after learning about this new development. She and her parents sought the
intervention of Village Panchayat to resolve the matter. The village head called a panchayat,
and only the relatives and the concerned parties were invited to it. During the session,
Suranjan (Alias Ali) claimed that he doesn’t want to keep Snigda as he found her to be ugly,
which angered Snigda. In her confused and angry state of mind, Snigda started abusing him
and also threw a stone at Ali which hit his face. Ali in his anger retorted that he doesn’t want to
engage in any further conversation with Snigda and her family, and uttered ‘Talaq, Talaq,
Talaq’. He further claimed that he has now divorced her and has no responsibility towards
her. Village head also sided with Ali and asked Snigda and her parents to leave and declared
that Ali has divorced Snigda. Disappointed from the entire ordeal Snigda and her parents
returned to their village. However, she was still hopeful that Suranjan (alias Ali) would come
to take her back one day, but this hope became bleak after 2009 when through her relatives she
got to know that Suranjan (alias Ali) and Macy left the village and their whereabouts are
unknown to anyone. After hearing she became increasingly disillusioned from her marital life
and sought to start her life afresh. She started studying again and also got a job at a school in
her village in 2014.

In 2015, a new teacher was appointed to the same school, named Madan (26 years old). A
relationship developed between Snigda and Madan, who resided in the same village and
returned after completing his education from Bengaluru. The couple decided to get married
and as such, the marriage was arranged between Snigda and Madan by their parents as per
Hindu Rites and Customs, followed by Reception on 31.12.2016. Through the wedlock with
Madan, Snigda begot one female child, Vimogha on 19.02.2018. Only after the birth of
Vimogha, Madan comes to know that Snigda was already married to one Suranjan and she
begot one male child through that wedlock and that Snigda and Suranjan were not legally
separated before marrying Madan. After learning this, Madan verbally abused Snigda, threw
her out of his house and asked her not to come back again. He also took custody of Vimogha.

Thereafter, Madan filed a divorce petition under section 11 of Hindu Marriage Act, 1955
before the Family Court at Salem. He also requested the court to grant him the custody of
Vimogha. Subsequently, Snigda also filed counter petition stating that the Madan who belongs
to the same village already had knowledge of the marriage between her and the said Suranjan
(Alias Ali) and prayed dismissal of the HMOP. She further filed another petition under
Domestic Violence Act, 2005 where she stated that she should be allowed to stay at her
husband’s house and to have full access to her child, Vimogha. During the proceedings,
Madan informed the court that the ancestral house in which he resides in is named after her
mother and hence Snigda cannot claim right to residence. The Family court, Salem
consolidated the two petitions using its discretionary power under Section 151 CPC and
firstly, dismissed the divorce petition filed by the Madan on the ground that the Madan,
resident of the very same village cannot now conveniently take a stand that he is not aware of
the marriage held between Snigda and Suranjan. Further, in the second case, The Family
Court, Salem passed a decree in favour of Snigda granting her right to residence at her
husband’s place.

Now, Madan is approaching the Hon’ble High Court, Karnataka challenging the judgment and
decree passed by the Family Court, Salem. The hon’ble High Court, Karnataka is deliberating
upon the following substantial questions of law raised in the petitions.

MOOT PROBLEM 2

The Cockroch (P) Ltd., a pharmaceutical Delhi based company, made a multivitamin capsule
called the "Maggots-M". The company claimed that the production of such capsules is purely
for the overall health, wellbeing and vitality of men, and therefore, these capsules are one of
the best diet health supplements as these capsules are very effective and a unique blend of
ginseng, vitamins and minerals. The company announced in public that by taking one capsule
a day, it provides great energy as well as helps to fight against tiredness. It enhances the stress
handling ability. The company aggressively fixed the price of each capsule at Rs.50/-.

The company declared in public interest that these capsules are prepared to boost immunity as
well as help to enhance the quality of life. It improves the physical and mental health as well
as helps to rejuvenate and strengthen the body organs. To stay fit and active during the day,
bring home the "Maggots-M" capsules.

The Cockroch (P) Ltd. published advertisements in the reputed newspapers and other media
channels on December 01, 2013, claiming the number of benefits for the consumption of
"Maggots-M" capsules such as a diet health supplement for men; a unique combination of
minerals, vitamins and ginseng; Provides energy and fights against tiredness; Perfect for
overall health and vitality; Enhances quality of life; Helps to boost immunity; Strengthens and
rejuvenates body organs; Enhances mental and physical health; Helps to stay fit and active
throughout the day. The company mentioned in the advertisement that these capsules have not
been evaluated by the Food and Drug Administration or the FSSAI (i.e., Food Safety and
Standard Authority of India). The Company declared in its advertisement that this product is
not intended to diagnose, treat, cure or prevent any disease. The company also mentioned that
all disputes regarding the consumption of these capsules must be subject to the jurisdiction
Courts in Dwarka, Delhi only.

The Cockroch (P) Ltd. further published advertisements in the same reputed newspapers and
other media channels on June 15, 2019, claiming that it would pay Rs. 50,000/- to anyone who
got sick after using these capsules according to the instructions provided with it i.e., one
capsule a day and this offer is not retrospectively applicable. The statement generated by the
Cockroch (P) Ltd. is as under:-

“Rs.50,000/- reward will be paid by the Cockroch (P) Ltd. to any person who contracts
with the increasing fatigue, weakness or any disease caused by taking multi-vitamins
“Maggots-M” capsules, after having used one capsule a day, according to the printed
directions supplied with the pack of 10, 30 and 60 capsules whose expiry period will be of
5 years from the date of manufacturing. The statement regarding award of Rs.50,000/- was
printed on each pack of 10, 30 and 60 capsules.”

During the period of 2019-20, people consumed thousands of "MaggotsM" multi-vitamin

capsules as preventive against body weakness; fatigue or any other disease due to deficiency
of any vitamin in the body and in no ascertained case any adverse effect was found by those
using these capsules.

Mr. Kharak Singh, aged 15 years, suffered from malnutrition; chronic fatigue syndrome and
vitamin deficiency that led to muscle weakness in the entire body system. The doctor
recommended him daily intakes of selected vitamins. He saw the advertisement of the
Cockroch (P) Ltd., on July 15, 2019 regarding "Maggots-M" multi-vitamin capsules. He
bought 5 packs of capsules bearing the manufacturing and packing date of January 15, 2019.
Each pack contained the dose of 60 capsules. He started consuming one capsule a day as per
the instructions mentioned in each pack. He consumed the entire capsules as per the
instructions mentioned by the company for nearly 10 months but after a week he found that his
body is heavily relying on these capsules. He felt lot of bodily changes due to stop consuming
capsules such as frequent stomach upset; severe allergic reactions; difficulty in breathing;
tightness in the chest; swelling of the mouth, face, lips or tongue; feeling of fatigue and
weakness of the entire body.

Mr. Kharak Singh discovered that on resuming the consumption of these "Maggots-M" multi-
 vitamin capsules as per the usage prescription of the Cockroch (P) Ltd. Company, he got relief
from all types of bodily changes. In the meantime, during January – 2016, the company again
aggressively raised price of each capsule by 50% to Rs.75/- as it found the enormous success
and rise in demand for the product.

Mr. Kharak Singh after having been firmly believed that his body cannot smoothly work
without consuming these capsules and his body developed an addiction for such capsules, he
felt himself cheated by the company as he again cannot afford such a high price multi-vitamin
capsules. He, therefore, claimed Rs.50,000/- and other form of damages from the Cockroch (P)
Ltd.. The company bluntly ignored the claim of Mr. Kharak Singh. After few days, Mr.
Kharak Singh‟s advocate sent notice to the Cockroch (P) Ltd. regarding his claim of
Rs.50,000/- and other damages. On this notice, the company‟s officers replied with an
anonymous letter that if it is used properly, the company had complete confidence in the
capsule's efficacy, but "to protect the company against all fraudulent claims" they would need
him to come to the company‟s office to use the capsule each day and be checked by the
secretary. Mr. Kharak Singh now brought a claim to the court of law for seeking justice. The
advocate representing him argued that the advertisement and his reliance on it was a contract
between him and the company, and so the company ought to pay. The company denied such
type of contract. Prepare relevant issues in this regard for both the plaintiff and defendant in
order to secure justice for each party.

MOOT PROBLEM 3

M/s. Covitech Laboratories is a company based in Xalonia, Federal States of Averna (FSA)
involved in research and development of Pharmaceutical products. The Company is committed
to creating a healthier world for everyone. For more than 50 years, they pursued the impossible,
chased it down, tackled it for answers and surrounded it for a way in. They have worked
tirelessly to bring forward medicines for life-threatening diseases.

The company is committed to advancing care for patients around the world, by bringing forward
medicines in areas of unmet medical needs. This is through internal research and development,
as well as through collaborations with academic and industry partners. The company in joint
collaboration with an academic institution called NEMDPER (National Education for Medical
Devices and Pharmaceutical Education and Research) in Tianzhu has developed a drug called
“Releiver” which will ease the congestion in lungs due to viral infections such as SARS-CoV-2
or Covid-19 and other influenza (Flu).

Tianzhuan academic institutions have witnessed increasing focus on innovation, research and
cross-border collaborations and as

part of such initiative NEMDPER has joined M/s. Covitech Laboratories in development of the
“Releiver” Drug for influenza (Flu).

M/s. Covitech Laboratories has given the outline for the research, however all experiments and
investment for the Research and Development and further clinical trials were handled by
NEMDPER. Mrs. Divya Viswanath Asst. Professor and Mr. Rajesh a Post-Doctoral student at
NEMDPER were named as inventors and M/s. Covitech Laboratories and NEMDPER were
named as Applicants in the Patent Application filed. Eventually after due process of Examination
of Patent Application, a patent was awarded.

M/s. Covitech Laboratories being in the market has quickly started manufacturing the drug after
obtaining valid approvals from drug regulatory authorities both in Tianzhu and FSA. However,
NEMDPER since an academic institution was unable to start commercialization of the drug
“Releiver”.

Meanwhile Covid-19 spread across the world and affecting each and every country and the
requirement for the “Releiver” has been exponentially raised. The drug “Releiver” is the only
drug that worked effectively on reducing the congestion in lungs of the patient who contacted
with Covid-19 virus. M/s. Covitech Laboratories until early 2020 were manufacturing and
distributing the drug on their own. However due to the increase in the demand for the drug
“Releiver” and few compulsory license applications filed by few Tianzhuan companies started

granting voluntary licenses for the manufacturing and distribution of “Releiver” to few select big
Pharma companies and those who approached for compulsory licensing.
Tianzhu being pharmaceutical hub has committed to export the drug “Releiver” to all across the
world. M/s. REE SAW Technologies a pharmaceutical manufacturing and distribution company
that has been started by Mrs. Divya Viswanath and Mr. Rajesh together early in the year 2020
that was inaugurated by none other-than Minister for Pharmaceuticals Mr. Krishna Reddy and in
his inaugural address praised both Mrs. Divya Viswanath and Mr. Rajesh for inventing the drug
“Releiver”.

Due to the increased demand and being inventors for the drug “Releiver” Mrs. Divya Viswanath
and Mr. Rajesh decided to manufacture “Releiver” and thus sought for the license from M/s.
Covitech Laboratories which was denied to them by M/s. Covitech Laboratories. Aggrieved by
the denial, M/s. REE SAW Technologies approached NEMDPER for licensing; however, since
technology commercialization is new to NEMDPER it has not provided any express consent but
orally agreed for licensing the technology.

M/s. REE SAW Technologies has also approached the Minister for Pharmaceuticals Mr. Krishna
Reddy and explained the need of manufacturing of drug “Releiver” and sought the Minister to
issue a compulsory license under Section 92 of Tianzhuan Patent Act, 1970. The Minister
promised positively to them.

Meanwhile since there is huge demand and lack of availability of “Releiver” drug in the market,
M/s. REE SAW Technologies started manufacturing and distribution of the “Releiver” drug. On
knowing the manufacturing and distribution of “Releiver” drug M/s. Covitech Laboratories
Immediately initiated a civil suit of Patent Infringement against M/s. REE SAW Technologies
and sought Preliminary injunction against them.

The suit has been filed in the commercial division Melhi High Court alleging the patent rights
infringement of M/s. Covitech Laboratories. The Court issued urgent notices to the Defendant
i.e., M/s. REE SAW Technologies and posted the matter on 17th July, 2021.

M/s. REE SAW Technologies received the said notices and briefed their lawyers as follows:

1. That they are the inventors of the drug and they should not be denied manufacturing and
distribution.
2. That they were orally promised by NEMDPER for issuance of license for manufacturing and
distribution.

3. That the drug “Releiver” only is quite effective on Covid-19 during this pandemic and thus it
can be termed as Essential Drug for tackling Covid-19 Pandemic and thus no injunction can be
granted against them and it needs to be licensed to them under FRAND principles which are
prevalent for SEP (Standard Essential Patents) though no standards setting organization has
specifically declared the said patent as SEP.