UNIVERSITY OF PETROLEUM & ENERGY STUDIES

COLLEGE OF LEGAL STUDIES

B.COM., LL.B (HONS.), TAXATION LAWS

SEMESTER - I

ACADEMIC YEAR: 2014 -15 SESSION: JULY-DECEMBER

MEMORIAL

Under the Supervision of: Dr. Sujata Bali

NAME:
SAP ID:
ROLL NO:
 Before The Honorable District Court of Delhi
(Under Provisions of relevant law)
Case No. ____/ 2014

In the matter of,

Ram

Versus

Manoj

Memorial on behalf of the Respondent

 Table of Contents

S.No. Heading Page No.

1. Table of Contents 3
2. Index of Authorities 4
3. List of Abbreviations 5
4. Statement of Jurisdiction 7
5. Statement of Facts 8
6. Issues/Questions Presented 10
7. Summary of Pleadings/Arguments/ 11
Submissions
8. Pleadings/Arguments/Submissions 12
Prayer
 List of Abbreviations

Acronym Full form

Const. Constitution
Dist. District
SCC Supreme Court Cases
AIR All India Reporter
Sec. Section
Fund. Fundamental
Art. Article
Ors. Others
 List of Authorities

Legislations:
1. Indian Penal Code
2. Code of Criminal Procedure

Cases:
1.Balraj Khanna & Ors vs Moti Ram on 22 April,
1971
2.P.C. Joshi And Another vs. The State Of Uttar
Pradesh on 25 October, 1960

Books/Encyclopedias:
1. Bare act on The Indian Penal Code, 1860
2. Code of Criminal Procedure
3. Mulla and Mulla
4. AIR Journal
 Statement of Jurisdiction

The Honorable Delhi District Court is vested with jurisdiction, to

hear the present matter under section 499 of the Indian Penal
Code 1860 defines defamation as, whoever, by words either
spoken or intended to be read, or by signs or by visible,
representations makes or publishes any imputation concerning any
person intending to harm, or having reason to believe that such
imputation will harm the reputation of such person, is said except
in cases here in after expected, to defame that person. This means
that a person can be imprisoned for a maximum period of 2 years,
if found guilty.
Section 199(1) of the Code of Criminal Procedure provides that no
court shall take cognizance of an offence punishable under Chapter
XXI of the Indian Penal Code except upon a complaint made by
some person aggrieved by the offence. The offences punishable
under hapter XXI of the Indian Penal Code are defamation, printing
or engraving of defamatory matter, sale of printed substance
containing defamatory matter.
Section 211of IPC deals with Mal Pros the intention of causing
injury to any person, either institutes any criminal proceeding
against that person or causes the same to be instituted against him or
falsely charges any person that he has committed an offence with
the knowledge that any just ground or any lawful ground does not
exist for such proceeding or charge against that person, shall be
punished with simple or rigorous imprisonment for a term extending
up to two years, or with fine, or with both.
 Statement of Facts
I
Ram was a teacher in D.A.V School, Delhi. He was a neighbor
of Manoj, who was a known troublemaker of the area. Manoj
one day picked up a fight with Ram on the ground that Ram is
deliberating passing waste in his sewage system. He beat Ram
with fists and showered him with choicest of abuses. Manoj,
who was also secretary of the resident welfare association of the
colony, got a resolution passed against Mr. Ram in a meeting of
the members of the association in his absence and a copy of this
was sent to Ram also. Ram was a bit distributed on reading this
but thought everything would be all right after sometime.

II
However, Manoj also sent SMS massage to various people
detailing the incident that has taken place. Manoj also informed
about the resolution to one press reporter of English daily who
called Ram for clarification. Ram explained to him everything
after which the incident was not reported by the newspaper.

III
Completely harassed and disappointed Ram filed a suit against
Manoj for defamation and recovery of damage for loss of
reputation.
If the court is well versed with the facts, then council would like
to start with the issues

Questions Presented/Issues

QUESTION PRESENTED / ISSUE 1:

1.Whether Manoj is liable for defamation or not?
QUESTION PRESENTED / ISSUE 2:
2.Whether the waste was being dumped in Manoj
sewage system?
 Summary of Arguments & Issues

1.Whether Manoj is liable for defamation or not?

Defendant is not liable for defamation of Appellate as

he only spoke the truth about the Ram.
He was only exercising his freedom of speech under
Article 19 1(a) of Constitution of India.
He got resolution passed against Ram on the opinion
based on other members of colony, on the basis that
Ram is dumping waste in his sewage system.

2. Whether the waste was dumping in Manojs

sewage system?
Ram being neighbor, was dumping waste in the
Manoj sewage system.
 Prayer

Wherefore in the light of issues involved, arguments

advanced, reasons given and the authorities cited, this
Honble court may be pleased:
To drop the false charges against Manoj
To sue Ram for malicious prosecution
AND

Any other relief which this Honble court may be pleased

to grant in the interests of Justice, Equity and Good
Conscience. All of which is respectfully submitted.

For This Act of Kindness, the Respondent Shall Duty

Bound Forever Pray.
(Counsels for the Respondent)