ASSIGNMENT – 04.07.

2021 – ASSOCIATE ADVOCATE – NITI BODH

Question 01 – Mr. H is a Hindu by religion was born in a ‘City M’ of the State of Bihar to F2 and
M2. He was subsequently adopted by the elder brother of F2 who is named as F1. F1 and his
wife M1 is based in ‘City C’ of the State of Bihar. After adopting Mr. H, he took him away to the
‘City C’ where Mr. H completed his elementary to senior secondary education. Thereafter he
went to ‘City B’ of the State of Madhya Pradesh to pursue his higher studies in Engineering.
Over there he met a Girl named as Ms. G who was her neighbor. Mr. H instantly falls for her
and tries to befriend her. He finds her social media account and sends her a friend request
which Ms. G readily accepts. Through his subsequent communication he gets to know that Ms.
G is currently based in Mumbai and is trying her luck to become an actress. Her parents have
given her 02 year of time to make her mark in the industry and that she has a boyfriend of her
own with whom she is in a live-in-relationship. She also tells him that when she was in ‘City B’
then also she was in relationship with someone with whom she has broken up after coming to
Mumbai. Realizing that Mr. H has no luck with Ms. G he stays away from her and restrict his
relationship to casually known friends.

Ms. G fails to make a mark of her own in the given 02-year time and her parents ask her to
return to ‘City B’ so that she can complete her studies which she has left after pursuing her
education till Grade 12 and to prepare for government jobs. Accordingly, her parents stop
funding her struggle which also led to her break-up with her live-in partner cum boyfriend.
Meantime, Mr. H completes his engineering and as luck would have it, he gets a job in Mumbai
only. When Ms. G gets to know that she starts to flirt with Mr. H and convince him to meet her
in Mumbai. When Mr. H goes to meet her, she weeps inconsolably in front of her and request
him to fund his struggle in the film industry. Mr. H accepts her request and starts funding her.
But soon he realizes that the kind of salary which is drawing from his company he cannot afford
expenses of two people in the city like that of Mumbai. He meets Ms. G and explains her the
same. Realizing that this could end her career she offers her to be in relationship with Mr. H
which he refuses to have with her. Then she offers him to be his flat mate so that he can save
expenses of paying two house rental fees and groceries expenses and so on. Mr. H agrees for
that, and both started living as flat mate.

Later, parents of Ms. G ask her to return to ‘City B’ so that they can get her married off to
someone in their own community. Ms. G to get away with the situation, compels Mr. H to
marry her so that she can continue her stay in Mumbai and struggle of becoming an actress.
Mr. H refuses the offer, but she keeps on pushing him to agree for that. Lastly Mr. H agrees for
the same and discuss this matrimonial alliance with his parents. His parents agree to meet the
family of Ms. G in ‘City M’ where other F2 and M2 resides so that all the family gets to meet
the family of Ms. G in one go. But then Ms. G parents to refuse to have any talk with the family
of Mr. H. Ms. G pushes Mr. H to convince her parents as well which he initially refuses but then
agree to do and go to ‘City B’ to convince them. Finally, parents of Ms. G and Mr. H meets in
‘City M’ but the matrimonial proposal gets put down due to the rude behaviour of Ms. G
mother who is named as Ms. X. On returning to ‘City B’ Ms. X makes a call to Mr. H and
threatens him to marry Ms. G or else she will implicate him in false case of ‘Rape’ and ‘under
SC/ST Act’ as Ms. G belongs to SC category of MP state while Mr. H is from General Category
of Bihar state. Realizing that cases like this could end his career and will bring a lot of disrepute
to him and his family Mr. H agrees to marry Ms. G in the ‘City B’. In April 2017 Ms. G gets
married to Mr. H in presence of her family and no one from the side of Mr. H attends his
marriage. Mr. H after this marriage tries to commit suicide in the month of June 2017 but was
saved. Ultimately, he becomes unstable, and doctor starts treating him for his mental illness.

Decide –

A. What remedy were available to Mr. H under laws in his initial days which could have
prevented him from getting falsely implicated in the rape case and the case of ‘SC/ST
Act’?
B. What is the validity of this marriage which has been solemnized between Ms. G and
Mr. H?
C. Can Mr. H be sued for committing suicide in June 2017 after he recovers from his
mental illness in 2021?
D. Can Ms. X and Ms. G be sued for making Mr. H mentally unstable? If yes, then on what
grounds under the law allows Mr. H or his parents to sue Ms. X and/or Ms. G for Mr. H
mental condition?
E. What is the legal concept of live-in-relationship, and can a male partner be held
responsible for committing rape upon the female partner if he breaks up with her and
refuses to continue in live-in-relationship?
Question 02 – Mr. A is an employee of ‘Company 01’ which is based in New Delhi. His senior
name is Mr. B who has multiple relationship with several girls. There is one girl who is named
as ‘Ms. G’ and was earlier in relationship with Mr. B. She is a foreign national and used to work
along with Mr. B when he was posted in ‘Company 02’ in Bangalore. According to her, their
relationship was intense, and Mr. B has promised to marry Ms. G once he switches his job from
‘Company 02’ to ‘Company 01’. Mr. A was a common colleague of Mr. B and Ms. G in ‘Company
02’.

According to the plans, Mr. B switches from Company 02 to Company 01 and ask Ms. G to
return to her country to speak to her family about this matrimonial alliance. Ms. G readily
agrees and obliges. Accordingly, she leaves her job at Bangalore and goes back to her country
to speak to her family about the matrimonial proposal in between her and Mr. B. Meantime,
Mr. A also switches his job from ‘Company 02’ situated at Bangalore to ‘Company 01’ which is
situated at Delhi. Mr. B as his nature is immediately gets into a new relationship with a new girl
in Delhi about which somehow Ms. G gets to know, and she immediately flag this betrayal to
the HR management of the Company 01 asking them to take stern action against Mr. B. When
Mr. B gets to know about this, he creates a fake email address of Ms. G and blames Mr. A of
propagating false stories against him on the name of Ms. G. He also circulates the message
that it was Mr. A who was in relationship with Ms. G and not Mr. B. Mr. A takes a strong
objection over this false propaganda and he immediately tries to lodge a police complaint
against Mr. B with all the proves which he can gather against him proving that Mr. B has created
a false email address and he trying to defame him. Police Officers refuse to take the complaint
of Mr. A which compels him to go to the court through proper channel to get his complaint
registered.

Mr. A contests his case before the Ld. Court for 02 good year and ultimately with the help of
Court a FIR gets registered against Mr. B under section 499/500 of the IPC. However, by that
time Mr. B left his job at ‘Company 01’ and goes to overseas to pursue his career and Mr. When
Police Officers enquires about the incident with Mr. B, he says that no electronic device used
in this communication is owned and possessed by him and rather it is ‘Company 01’ to whom
that electronic devise belongs. When Police Officers approach ‘Company 01’ to take control of
those electronic devices the ‘Company 01’ states that they have sold those electronic devices
in scrap and no longer hold their possession with them. Police Officers never summons any
other officers of ‘Company 01’, nor does they make any effort to approach Ms. G to take note
of her statement in this entire issue.

At the end of the day the Police Officer converts the case from A vs B to State vs Untrace and
submits their report asking the Ld. Court to close the file and the investigation thereto. Mr. A
opposes the said move of Police Authorities.

Mr. A wants your assistance to contest his case and seeks opinion over following questions –

A. Is it possible to impound the passport of Mr. B against a case which is running under
section 499/500 of the IPC? If yes, then under what law he can compel Police
 Authorities or can get an order from the court for the impounding of the Passport of
Mr. B so that he can be brought back to India to face criminal trial in the court?
B. What strategy would you suggest to Mr. A to contest the case of State vs Untrace so
that it again become A vs B bringing hope to punish the real culprit?
C. Can ‘Company 01’ be punished for the destruction of evidence at such time when the
FIR was not registered either by the Police Station or through Court order? If yes, then
how and if no, then why?
D. A digital evidence has a maximum life of 06 months. How can Mr. A use those digital
evidence now to contest his case.
E. Can he sue the police authorities for the lackadaisical behaviour and improper
investigation in this case only or he must bring a new case to get that done? If a new
case has to be brought upon then what grounds should be plea in his application?
Question 03 – Vegan Products is a company based in Delhi NCR. They are into the business of
producing vegan items and to sell them in the NCR market. Recently they have faced several
issues in their business from all corners. Few of them are enumerated hereinbelow.

Vegan Products to increase their line of products were doing experiments at their factory site
and by accident they have created a product which has never been produced by any company
in the entire world. Now they want to claim Intellectual Property Rights over their produced
product besides taking appropriate license from the Indian government as well as overseas to
sell their product on the international level.

Vegan Products are also facing a situation wherein they are being stopped from selling their
soy-milk products under the name of ‘milk’ by the Dairy Industry. The Dairy Industry has
brought a case before the Hon’ble Delhi High Court acclaiming that only those products shall
be known as ‘milk’ which are animal produce and not otherwise. They have already won a case
of this sort wherein they were successful in differentiating in between ice-cream which are
produced through milk, and which are produced otherwise. The Hon’ble Delhi High Court has
directed companies involved in producing ‘ice-cream’ to name their product as ice-cream only
if they are using animal milk to produce them or else to name it as ‘frozen dessert’ if that is
produced otherwise.

Lastly vegan product is facing a huge flak from such Islamic group of society who are meat-
eaters as they are trying to produce vegan meat by using beetroot, carrot etc. That section of
society is claiming these lab meats produce as ‘haram’ and are threatening the company to
stop doing their business or else they will bring a case of hurting their religious sentiments and
hence right to religion.

They have approached you to take your legal consultancy over the same. Please suggest -

A. Is it possible to get a food product patentable in India? If yes, then how and if no, then
why?
B. Should Vegan Products go for the trade secret path to protect their IPR rights over their
accidental produce? If they shall use trade secret, then how can they ensure that their
IP rights are protected?
C. Given a situation wherein you are asked to represent Vegan Products before the
Hon’ble Delhi High Court on what legal grounds you will defend the right of Vegan
Products to continue using the term ‘milk’ against their ‘soymilk product’?
D. On what legal grounds you can argue and defend the right of producing vegan meat/
lab grown meat in against the right to religion/ hurting the religious sentiments?
E. What is the procedure of getting a license to sell food items which are vegan in nature
and are lab produced in India? Under what law the computation of ingredients and
quantity thereto are ascertained and how are they determined?
Question 04 – Mr. A was a student of law who applied for the education loan at Indian Bank.
In that year when he was enrolled as a student of law in his university the government of UP
passed a special resolution to contribute sum towards the education loan of such student who
are pursuing professional degree in their native state only. Mr. A being a native of Balia, UP
applied for this scheme and his application was approved by the concerned department of the
state government. Accordingly, state government made State Bank of India as the parent bank
to which they will be remitting the amount and then the concerned Banks were supposed to
make a formal application to receive the remitted amount from the State Bank of India. Mr. A
informed Indian Bank that his application has been approved by the state government and they
shall make formal application to the State Bank of India to receive such sum from the State
Bank of India which government undertakes to pay in against his education loan. The submitted
application from the side of Mr. A was duly received and acknowledged by the Indian Bank.
Accordingly, Mr. A after completing his degree in law from his university started paying the
sum which were supposed to be paid from his side while the government was paying the other
half of his education loan. When Mr. A completed the entire payment of his half of his
education loan he approached the Indian Bank for the closure of the loan account however, to
his surprise he was informed that he was yet to pay 03 lakh in against his education loan before
the closure of the account. Then he made an application before the state government apprising
them of the fact and situation in reply to that he was informed that the State Government has
already paid the amount which they have undertaken to pay in against his loan. Taking note of
the same, Mr. A filed a consumer petition in against Indian Bank seeking closure of his loan
account when he and the government both has paid the amount which they respectively
pledged to clear from their side. While this consumer petition was pending before the Tribunal
Mr. A filed a RTI before the State Bank of India to enquire about the remittance of the amount
in reply to which he was informed that Indian Bank has made a formal application for the 01st
and 02nd year to get the amount which were released from the side of State Government but
they never received any application from the Indian Bank for the 03rd, 04th and 05th year so
they never transferred the amount remitted from the side of the government. The reply to the
RTI further stated that the remitted amount is still with the State Bank of India and if the Indian
Bank makes a formal application the same will be transferred to them. Mr. A filed this RTI
before the consumer forum as additional document seeking clarification from the side of the
Indian Bank. But to the utter surprise of Mr. A, he received a legal notice from the Indian Bank
under the SARFAESI Act asking him to pay the remaining amount. Mr. A approached the bank
in person to clarify the situation but that did not help him as he again received the subsequent
notice under the SARFAESI Act from the side of the Indian Bank. This time taking stern action
against the Indian Bank notice he promptly replied to the received notice with all the
information received by the RTI. The dispute continues.

A. Discuss the legality of claim made by Indian Bank in against Mr. A?

B. In the light of changed circumstances wherein Mr. A has received the notice by the
Indian Bank how shall he contest his case which is pending before consumer forum?
C. Is there any other remedy which Mr. A can use it for himself to get his loan account
closed apart from contesting the case before consumer forum?

D. What is meant by right to personal dignity and in which situation it shall be considered
as violated?

E. Does the notice served upon Mr. A under the SARFAESI Act by the Indian Bank amounts
to defamation?
Question 05 – ‘Events Management’ is a company which owns a banquet hall to which they
have named it as ‘Beautiful Banquet’. This banquet works only in the season of marriages as
per the Hindu Calendar (a calendar which assist people in figuring out good days to get
married). With the scope of days which they have in their hand to function they are unable to
hire any employee on permanent basis hence procuring staff as and when the need arises. Mr.
A is a body builder and joins a security company to work as a security personnel. This security
company approaches ‘Events Management’ and offers bouncer to tackle rogue people coming
to attend any event in their banquet hall. Events Management accept this offer and the security
company deploys Mr. A in ‘Beautiful Banquet’ as bouncer. Mr. A starts working as bouncer in
this banquet in February 2016 and was removed in March 2016 when it was found that he was
trying to break into the accounts department to steal money. Mr. A files a suit before Labour
Court stating that he is a permanent employee of Beautiful Banquet and his services were
illegally terminated when he asked for his Provident Fund, Gratuity etc. to which he is eligible
as per the law. The ‘Events Management’ instruct its advocate that Mr. A was never their
permanent employee and there is no such Management named as ‘Beautiful Banquet’ which
can employee anyone. The real company is Event Management and if someone has to be
employed in Beautiful Banquet then that must be employed by Event Management. However,
the advocate representing Beautiful Banquet appears before the court and states that
Beautiful Banquet exist as a company and submits affidavit of one of the Director of Event
Management as the Director of Beautiful Banquet. Once that comes into the light, Event
Management removes the advocate and appoints another one. The newly appointed advocate
moves before the court seeking permission to withdraw the reply filed by the previous
advocate from the side of ‘Beautiful Banquet’ as that is based on false information. However,
the Labour Court refused to accept that application for the withdrawal of reply dismissing the
same and hence keeping ‘Beautiful Banquet’ as one of the valid Management.

A. Is there any employer – employee relationship in between the Beautiful Banquet and
Mr. A?

B. What is the validity of affidavit moved before the Labour Court declaring one of the
Director of Event Management as the Director of Beautiful Banquet?

C. What action can be taken in against the previously engaged advocate from the side of
Event Management?

D. What action can be taken in against the Director of Event Management who has let his
representation under his signature as Director of Beautiful Banquet even though that
has happened under disguise?

E. Given a situation wherein the application of withdrawal of reply has been rejected by
the Labour Court, how can the Director of Event Management come out of this false
representation which has come up under his signature?