SARVODAYA LAW COLLEGE INSTRUCTIONS TO STUDENTS

Transcription

1 SARVODAYA LAW COLLEGE INSTRUCTIONS TO STUDENTS THE PRACTICAL EXAMINATION FOR VI SEMESTER OF 3 YEARS LL.B WILL BE HELD ON 13 th May 2018 AT AM, PRACTICAL RECORD SHOULD BE HAND WRITTEN AND SHOULD BE BINDED. NO TYPED OR XEROX MATTER WILL BE ACCEPTED. STUDENTS SHOULD USE GREEN SHEETS. ALL THE RECORDS SHOULD BE SUBMITTED ON THE DAY MENTIONED ABOVE AFTER SIGNING THE REGISTER DURING VIVA-VOCE. IF YOU FAIL IN SUBMITTNG THE SAME, YOU WILL BE TREATED AS ABSENT. INSTRUCTIONS FOR SUBMITTING THE RECORD 1. There shall be a content page. (INDEX) 2. The covering sheet of the record shall indicate the name of the examination, subject, registration number and center code. 3. All the above Moot Court Memorials and internship record should be hand written on green sheets on one side only. 4. The record should be bound neatly in one book. 5. Certificates should be enclosed. (Certificates of Advocate & Legal aid Authority for having visited the Advocate office & Legal Aid board). Note: 6. Students should come in white Shirt & Black Pant.(Advocate Dress code) NAME OF THE UNIVERSITY: KARNATAKA STATE LAW UNIVERSITY NAME OF THE COLLEGE: SARVODAYA LAW COLLEGE CENTER CODE: 434 NAME OF EXAMINATION: VI SEMESTER 3 YEARS LL.B, PRACTICAL / MOOT COURT EXAMINIATION-2018 SUBJECT: CLNICAL COURSE IV: MOOT COURT EXERCISE AND INTERNSHIP. REGISTER No:

2 MOOT COURT PROBLEM No : 1 Mrs Archana handed over a box containing her golden necklace worth Rs 5,00,000/- to ABC Bank, Bengaluru, so as to keep in their safe locker by retaining the key of the box so that the ABC Bank Ltd., should not open it. Accordingly the ABC Bank kept it in its safe locker. Mrs Archana when was attending the marriage ceremony of her near relative by name Bhavan found the same gold necklace which was worn by Bhavan. On enquiry Mrs Bhavan told that she has purchased it in Abharana Jewellery shop at Bangalore. But Archana demanded that the necklace should be handed over to her as the same belonged to her. But Mrs Bhuvan did not. Later, Mrs Archana enquired ABC Bank regarding the said necklace kept in the box and asked the Manager to open the safe locker, Accordingly. the safe locker was opened, and the box was there. Archana opened the box with her keys and found that there was no necklace in the box. Mrs Archana asked about the necklace with the Manager, the manager said that he is not responsible for the same as the locked box only was put in the safe locker. On heated exchange of words between Archana and the manager, Mrs Archana filed a suit for recovery of her golden necklace or compensation for the loss of the necklace before the city civil court at Bangalore against the Manager of the ABC Bank on the ground that bank has failed in their duty to protect her necklace and violated the terms and conditions of bailment. The court issued summons to the ABC Bank Ltd. Pursuant to the summons., the ABC Bank appeared and filed written statement contending that the bank is not responsible for the loss of golden necklace as there was no delivery of golden necklace, only the box was delivered, which is, with reasonable care and caution, protected. On the basis of pleadings, the city civil court, Bangalore, framed the issues. 1. Whether the plaintiff Mrs Archana proves that there arise a contract of bailment in respect of the golden necklace? 2. Whether the defendant, the Manager of ABC Bank Ltd, is liable? The students to prepare a plaint and a written statement and written argument of both plaintiff and defendant.

3 MOOT PROBLEM No : 2 Mr. Krishnamurthy and his aged mother are living together in a village called Kakanur. One day, his mother fell ill suddenly and was experiencing pain in heart. Hence, brought the mother to the Government hospital at Bangalore. The doctor attending on her reported that she needs open heart surgery immediately, hence, Mr. Krishnamurthy was asked to deposit a sum of Rs. 2,00,000/- as an advance medical bill for conducting open heart surgery. Mr, Krishnamurthy requested to proceed with the treatment as he is not in a position to pay/deposit the advance medical bill but assured the doctor by name Dr. Venkatesh that he would arrange the same though he is not required to deposit since the hospital belongs to government. Dr.Venkatesh once again asked Mr. Krishnamurthy to deposit the same, otherwise, medical treatment cannot be given, since immediate open heart surgery is required to be given within 24 hours, failing which survival of his mother is very less. Mr. Krishnamurthy who loves his mother more than anything failed to arrange the money, hence, in order to save the life of his mother and with no other option, being poor man, he planned to commit a theft of a diamond necklace belonging to one Mrs. Mahalakshmi who is a neighbor. Accordingly, he succeeded in stealing the diamond necklace and sold it to a business man by name Rajesh Jain for Rs. 3,00,000/- in the open market next day. After getting the said amount, Mr. Krishnamurthy came to the hospital and deposited the advance medical bill of Rs. 2,00,000/-. Later he met Dr. Venkatesh and shown the receipt for having paid/deposited the amount and requested to conduct open heart surgery immediately and save his mother s life. The doctor with fear, informed Mr. Krishnamurthy that his mother died just 5 minutes back. On hearing the death of his mother and enraged by sudden shock, Mr. Krishnamurthy hit on the head of doctor by a rod due to which doctor died on the spot. The Bangalore police registered a crime and submitted an FIR against Mr Krishnamurthy for the offence punishable under section 302 IPC and he was taken into custody and produced before the jurisdictional Magistrate. The court sent him to judicial custody. The Police after investigation filed charge sheet,charges were framed, proceeded to fix trial. During the trial, on behalf of the prosecution, the following witnesses were examined. They supported the case of the prosecution. PW1. Investigation Officer PW2. Eye Witness (An employee in the Hospital) PW3. Mahalaxmi PW4. Rajesh Jain PW5. Co Doctor working along with Dr. Venkatesh.

4 MOOT COURT PROBLEM 3 Mr. Wintson Brown has been appointed as Ambassador to U K in India and assumed charge in India. He wanted to visit some important places in India, hence he decided to tour in North India in his individual capacity not as holding the post of Amabasador. Accordingly Mr. Winsten Brown took a car belongingto Mr. Kuldeep yadav at Samitrtipur, Bihar so as to visit some historical palces in Bihar. Mr. Wintsen Brown accordingly without engaging any person to drive the car himself started driving the car. Mr. Winsten Brown, while driving the car rashly and negligently dashed against a child aged about 8 years. The child was crossing the road innocently. In the said accident, the child died on the spot. On seeing the scene Mr. Gurudev a police constable, who was on duty at the spot arrested the driver of the car and registered the crime 222/18 against both driver and the owner (i.e Kuldeep Yadav) and submitted FIR to the jurisdictional police station for the offence punishable U/S 304A of IPC. Later both were released on bail by the police. Being aggrieved by the same, both Mr. Wintson Brown and Mr. Kuldeep Yadav have preferred the Criminal petition separately before the hon ble Hgh Court of Bihar under Section 482 of Cr PC against the state. Mr. Wintson Brown challenged the FIR in Criminal Petition no 248/2018 on the ground that he being the Ambassador to U K in India, is protected from Law and there is immunity, hence the registration of crime in No 222/18 is illegal and the same is liable to be set aside. On the other hand, the state of Bihar justified the action on the ground that he committed the alleged offence in his individual capacity. The students to prepare a criminal petition on behalf of Wintsom Brown and also prepare statement of objection on behalf of the state and argue the case on the issue that Whether registration of FIR against Winston Brown is justified or not. Mr. Kuldeep Yadav also challenged the FIR in Criminal Petition No 223/2018 on the ground that he is not criminally liable to be punished for the offences punishable under section 304 A of IPC as he has not committed the alleged offences. The state objected that he, being the owner of the Car, is liable for criminal action. The student to prepare criminal petition on behalf of Mr. Kuldeep Yadav and statement of objection on behalf of the state and argue the case as to whether owner of the car is liable for criminal action or not.

5 Question No 4 : a. Interviewing techniques observed at the Advocates Office and Legal Aid-Board and Mediation Centre. during your visit - 30 marks b. What have you observed in the Advocates Office in respect of Pre Trial preparations and preparation of documents and court papers in Civil and Criminal Cases? - 15 Marks c. Write a Note on the observations made by you during the court visit in respect of Trial in one criminal case and in civil case marks