PAPER-I

Subject: Constitutional Law-I

Topic: What do you mean by preamble? Discuss the significance of the preamble
in constitutional Law of India. Can preamble be amendment?

Ans: A preamble is an introductory statement or opening clause in a constitution that usually

provides the foundational principles, objectives, and ideals upon which the constitution is based.
In the context of the Constitution of India, the preamble serves as a concise statement of the
philosophy and aspirations of the Indian state and its people.

The significance of the preamble in the constitutional law of India lies in several key aspects:

1. Expresses the People’s Will: The preamble begins with the phrase “We, the people of
India,” highlighting that the Constitution derives its authority from the citizens of India. It
reflects the democratic spirit of the nation.
2. Lists Fundamental Values: The preamble enlists key values such as justice, liberty,
equality, and fraternity, which guide the interpretation and implementation of the Constitution.
These values serve as a yardstick for evaluating laws and government actions.

3. Sets Objectives: The preamble outlines specific objectives, including securing

justice, liberty, equality, and promoting the welfare of the people. It acts as a guiding light for
lawmakers and policymakers.

4. Reflects Historical Context: It mentions the historical context of India’s struggle for
independence, emphasizing the commitment to secure for all citizens the rights and freedoms
won during the freedom movement.
5. Unity in Diversity: The preamble emphasizes the unity of India in its diverse
cultural and social fabric, promoting national integration.

Regarding amendments to the preamble, the Supreme Court of India has held that while the
basic structure of the Constitution cannot be amended, certain aspects of the preamble can be
amended as long as the amendment does not alter the basic features and framework of the
Constitution. However, any such amendment must be in conformity with the spirit of the
Constitution as reflected in the preamble.

In summary, the preamble in the constitutional law of India serves as a foundational document
that encapsulates the core principles and values of the Constitution. It guides the interpretation
of the Constitution and can be amended as long as it doesn’t violate the basic structure of the
Constitution.
 MOOT COURT PROBLEM ON LAW OF CONTRACT-I
PAPER-II

1. Mr. Swarn Kumar is an influential businessman from Delhi with a company of Rs.30 crores
dealing in ice cubes. He is known to enjoy gambling, socialising and is notorious for being a
womanizer. On a trip to Goa with his friends, Mr. Aditya Sahni, an esteemed lawyer from Delhi,
also accompanied him.
2. On 3/10/2016, Mr. Kumar was playing poker at casino Royale, an offshore casino in Goa.
After losing approximately Rs.3 crores, he was desperate for more money as he believed he would
have a winning hand. He signed a contract with Mr. Akhil Singhal (the defendant) money lender
of the casino) and the defendant lent him Rs.5 crores. The contract contained a clause that he
would pay him double the loan amount (Rs.10 Crores) at the table and in default, he would sign
over his majority shares in his company as surety. The contract was in a form of pre written
agreement.

3. Subsequently, the plaintiff lost all the money at the table and was unable to return double the
loan amount and as a consequence lost his majority shares of the company at 2 AM on
04/10/2016. Thereafter, in a desperate attempt he called Mr. Aditya, who then contacted the
defendant to take double the loan but not to take the majority shares of the company. The
defendant refused the offer.
4. Immediately after acquiring majority shares of the company of the plaintiff, the defendant
signed a contract with a Delhi based company A & M Pvt. Ltd. for selling majority shares of the
company.
5. The video from the casino shows that prior to signing the contract; the plaintiff had consumed
8 alcohol beverages (8x30ml).

6. Plaintiff, through his counsel, has filed a civil suit before this Hon'ble Court to prevent the
defendant from taking over the company.
Issues: The issues framed by the Hon'ble court are as following:
1. Whether the Delhi Commercial Court has the jurisdiction to entertain the matter or not?
2. Whether the essentials of valid contract have been fulfilled?
3. Whether the wagering contract entered between the parties enforceable or not?
4. Whether the injunction be granted against the defendant from selling the majority of the
shares in the present case or not?
Prepare your synopsis of argument either on behalf of the plaintiff or defendant.
Guidelines:

1. The students are required to prepare the MOOT Court answers in A4 Paper either in own
hand writing or with type copies.
2. The MOOT Court record must be within 3 to 5 pages.
3. The students are required to present their MOOT Court practical record before their
concerned Teacher on the date fixed and time. In the event of Viva, the concerned teacher will
conduct the Viva-Vove.

Ans: Synopsis of Argument on Behalf of the Plaintiff:

Introduction:
- The plaintiff, Mr. Swarn Kumar, entered into a contract with the defendant, Mr. Akhil Singhal,
at Casino Royale in Goa, seeking a loan of Rs. 5 crores.
- The contract included a clause stating that in case of default, Mr. Kumar would sign over his
majority shares in his company as surety.
Issue 1: Jurisdiction of Delhi Commercial Court:
- The defendant may argue that Goa is the appropriate jurisdiction since the contract was signed
there. However, the plaintiff resides in Delhi, and the defendant is a moneylender from Delhi.
- Therefore, the Delhi Commercial Court has jurisdiction as it involves parties from Delhi.

Issue 2: Validity of the Contract:

- The essentials of a valid contract include offer, acceptance, consideration, legality of purpose,
and capacity of parties.
- While the contract was formed, Mr. Kumar was intoxicated, raising concerns about his capacity
to contract.
- The contract may be considered voidable if Mr. Kumar's intoxication impaired his judgment.

Issue 3: Enforceability of the Wagering Contract:

- Wagering contracts are generally void in India under Section 30 of the Indian Contract Act.
Such contracts involve betting on uncertain events.
- In this case, the contract appears to be a wagering contract as it was based on Mr. Kumar's
belief of a winning hand in poker.
- The contract may be unenforceable due to its wagering nature.

Issue 4: Injunction against Selling Majority Shares:

- The plaintiff seeks an injunction to prevent the defendant from selling the majority shares of
the company.
- The defendant acquired these shares due to the contract's default terms.
- The court must consider whether an injunction is justified to prevent further harm to the
plaintiff's interests.

Conclusion:
- The plaintiff's case raises significant concerns about jurisdiction, the validity of the contract,
and its enforceability as a wagering contract.
- The court should grant an injunction to protect the plaintiff's interests until these issues are
resolved in a full trial.
 MOOT COURT PROBLEM ON LAW OF CRIMES-I
PAPER-III
Nasiruddin was a devout Muslim. One day his Pir (Prece ptor) induced him to sacrifice his son if
he wanted a berth in heaven. Next day, he took his son to a mosque and killed him there.
Leaving the dead body there, he came to tell his uncle all that he had done to his son to secure a
birth in heaven. But, when he found a Policeman sitting with his uncle, he took him aside and
told entire episode. On a trial for murder, he took the plea that he was suffering from insanity
and claimed the benefit of section-84, I.P.C... The prosecution, however, was of the view that not
only he knew the nature of the act but also it was contrary to law. Decide.
Issues:
Whether the act of Nasiruddin amounts to murder?
Whether the defence of insanity can validly be taken in this regard?

Guidelines:

1. The students are required to prepare the MOOT Court answers in A4 Paper either in own
hand writing or with type copies.
2. The MOOT Court record must be within 3 to 5 pages.
3. The students are required to present their MOOT Court practical record before their
concerned Teacher on the date fixed and time. In the event of Viva, the concerned teacher will
conduct the Viva-Vove.

Ans: The case involving Nasiruddin presents complex legal and ethical questions. Let's address
the two issues:

1. Whether the act of Nasiruddin amounts to murder?

Nasiruddin's act of killing his son is a criminal act that falls under the definition of murder in
the Indian Penal Code (IPC) unless there are circumstances that mitigate or negate the criminal
liability. Murder, under IPC Section 300, involves the intentional killing of another person with
the requisite intention.
2. Whether the defense of insanity can validly be taken in this regard?

To claim the defense of insanity under IPC Section 84, Nasiruddin must demonstrate that at
the time of committing the act, he was of unsound mind and was incapable of knowing the
nature of the act or that it was against the law. Whether or not this defense is valid would
depend on expert psychiatric evaluations and the evidence presented during the trial. If it is
proven that Nasiruddin was indeed suffering from a mental illness that impaired his capacity to
understand the nature and consequences of his actions, the defense of insanity may be
accepted.

Ultimately, the decision on whether Nasiruddin's act amounts to murder and whether the
defense of insanity is valid would be determined by the court based on the evidence and
arguments presented during the trial. Expert testimony from psychiatrists and other relevant
evidence would play a crucial role in this case.
 PAPER-IV
Subject: Environmental Law
Topic: Critical appraisal of protection of the environment with special reference to the provisions
of the IPC and Criminal Procedure Code.

Ans: The protection of the environment under Indian law, with reference to the Indian Penal
Code (IPC) and the Criminal Procedure Code (CrPC), is a complex and evolving area. Here's a
brief critical appraisal:

1. *IPC Provisions*: The IPC contains several sections that can be used to address
environmental offenses. For example, Section 277 deals with the fouling of water of public
springs or reservoirs. However, these sections are often criticized for being outdated and not
adequately addressing modern environmental challenges.

2. *Limited Deterrence*: The penalties prescribed in the IPC for environmental offenses are
often considered too lenient to deter potential offenders effectively. The fines and punishments
may not reflect the seriousness of environmental damage.

3. *Legal Gaps*: Environmental issues often involve complex scientific and technical aspects.
The IPC may not have comprehensive provisions to deal with emerging environmental
challenges, such as electronic waste, plastic pollution, or climate change, leaving gaps in legal
enforcement.

4. *Lack of Specificity*: The IPC's environmental provisions lack specificity, making it

challenging to apply them effectively in practice. Environmental laws often require precise
definitions and clear regulations, which the IPC may lack.

5. *Criminal Procedure Code*: The CrPC governs the procedures for investigation and trial of
criminal cases, including environmental offenses. However, delays and backlogs in the criminal
justice system can hinder effective enforcement of environmental laws.

6. *Resource Constraints*: Law enforcement agencies often face resource constraints, limiting
their ability to investigate and prosecute environmental crimes effectively. This can lead to a lack
of deterrence.
7. *Need for Specialized Courts*: Environmental cases often require specialized knowledge and
expertise. Establishing specialized environmental courts could help expedite cases and ensure
more informed decisions.
8. *Amendments needed*: To address these issues, there is a need for amendments to both the
IPC and the CrPC. These amendments should incorporate modern environmental principles,
higher penalties, and streamlined procedures.

9. *Public Awareness*: Raising public awareness about environmental laws and their
enforcement is crucial. It can encourage citizens to report violations and put pressure on
authorities to take action.

In summary, while the IPC and CrPC provide a legal framework for addressing environmental
offenses in India, there are several shortcomings that need to be addressed. Reforms, including
legislative changes and the establishment of specialized courts, are essential to enhance the
protection of the environment through legal means.
 PAPER-V
Subject: Law of Tort
Topic: Define the rule laid down in Donoghue Vs Stevenson and write down the justification.

Ans: The rule established in the case of Donoghue v Stevenson (1932) is commonly known as
the "Neighbour Principle." This principle, set forth by Lord Atkin, states that individuals must
take reasonable care to avoid acts or omissions that could reasonably be foreseen as likely to
injure their neighbours. In other words, you owe a duty of care to those who might be affected by
your actions, and you must not cause harm to them through negligence.

The justification for this rule is rooted in principles of negligence law, which seek to balance the
interests of individuals and society as a whole. By imposing a duty of care on people towards
their neighbours, the law aims to prevent harm and provide a legal remedy for those who suffer
injuries due to someone else's negligence. This rule has since become a foundational principle in
tort law, shaping how negligence cases are decided and serving as a basis for determining
liability in various situations.