ICFAI LAW SCHOOL

1st Moot Problem

Clinical course -I (Moot Court)
for the BALLB/BBALLB Honrs (batch of 2025)

To be conducted on Dt: 15th and 16th May 2021

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1.‘Himavarta’ is a country of continental dimensions whose politico-legal and socio-

economic system resemble India’s politico-legal environment, including the
constitutional structure and prevalence of various personal laws that provide a very
interesting backdrop for a multi-cultural, multi-ethnic and multi-lingual system in a
federal form of governance. It is a huge country, with huger problems.
2. The country being surrounded with the Mountains and Valleys in its Territory
boarders has all the time a threat from the other adjacent countries like Moulistan
and Whinna, in order to maintain high security on the boarders and it is time to time
make contracts with companies which prepares Nuclear weapons etc.,
3. Triggon Weaponries Ltd. is a public listed company incorporated under the laws
of Himavarta with the object of manufacturing defense equipment for the State. It is
a large company known for making highly advanced weapons.
4. The company was also engaged in the project of manufacturing Drones for
surveillances and procuring information. The senior officials of the company on 16
May, 2020 decided to test the Drone, and so they sent it for a test run. It was advised
by the scientists to first test the drone in a jungle or a desert area because the
technology used to make that advanced drone was unstable.
5. For first three hours, the drone was used in the jungle, and when it worked fine
for such time, the senior management ordered to use it in the nearby city because it
was meant to be used in inhabited area. However, when the drone was being tested
in the city, the cells in it got overcharged which resulted in its explosion.
6. Because it was being used at a very low altitude, due to the explosion it caused
fire in a dwelling house. A 7-year-old boy by name Rahul was stuck inside the house
when it caught fire. Shyamala Devi, the mother of Rahul while returning from nearby
store saw the house on fire and rushed to rescue her child, but was stopped by the
people.
 ICFAI LAW SCHOOL
1st Moot Problem
Clinical course -I (Moot Court)
for the BALLB/BBALLB Honrs (batch of 2025)

To be conducted on Dt: 15th and 16th May 2021

______________________________________________________________________________
7. She was shouting for someone to help Rahul, and then a man named Janardhan
who was at that time roaming with his girlfriend rushed to rescue the child. At that
point of time an Army Jawan also arrived at the scene to help the Rahul but when he
saw that Janardhan was rescuing the child, he refrained from rescuing the Rahul
because there was not enough space for the rescue to be completed by two people.
8. But Janardhan got afraid when he entered the house and so he came out without
completing the rescue mission. Then the Army Jawan went into the house and got
Rahul out but by that time it was too late and the Rahul was dead. It was observed
by the Doctors that Rahul would have been saved if he would have been few minutes
earlier, and he would have been alive.
9. Shyamala Devi filed a suit in the ‘Civil Court’ (the court having the jurisdiction)
sued both ‘Triggon Weaponries Ltd.’ and ‘Janardhan’. She alleged that Triggon
Weaponries Ltd. is responsible for her Son’s death. She further alleged that
Janardhan is also liable because if either he would have completed the rescue process
or would have not opted for the same, her child would have lived but as he did not
do any of them, she claimed reliefs for the loss of her child. Triggon Weaponries Ltd. is a public listed
company incorporated under the laws
of Himavarta with the object of manufacturing
10. The competent Civil Court held that both Defendants are liable
defenseand decreed
equipment theState. It is
for the
a large company known for making highly
suit by granting reliefs to Shyamala Devi. advanced weapons.

11. Aggrieved with the decision of the court the Triggon Weaponiers Ltd., and
Janardhan challenged the matter before the High Court, after hearing both the sides,
the High Court upheld the appeal and set-aside the decision of the lower court.
12. Aggrieved with the decision of the High Court, Shyamala Devi challenged the
matter by way of Appeal before the Supreme Court of Himavarta, and the matter is
pending before the Supreme Court – submit your arguments
 ICFAI LAW SCHOOL
1st Moot Problem
Clinical course -I (Moot Court)
for the BALLB/BBALLB Honrs (batch of 2025)

To be conducted on Dt: 15th and 16th May 2021

______________________________________________________________________________
For the purpose of this Moot Problem –
1. The Constitution of Himavarta adopts the Constitution of India in verbatim
and the provisions of the Indian Constitution are the provisions of the Himavarta
Constitution.
2. The rest of the laws of Himavarta which include Substantial, procedural and
other laws are in parametria with the laws of Republic of India
3. The Powers and Jurisdiction of the Supreme Court of Himavarta are the same
as the Powers and Jurisdiction of the Supreme Court of India
Disclaimer:
The facts stated in the present case are fictitious and have been drafted solely for the
purpose of the moot court examination. The facts, names, locations and dates bear
no resemblance to any person, event or happening whether dead or alive. Any
resemblance, if any found is purely coincidental. The problem does not intend to
hurt the feelings of any section or to offend any person.

Note: The students with ODD Enrolment Number submit your Arguments on
behalf of Appellant
The Students with EVEN Enrolment Number Submit your Arguments on
behalf of Respondents