Scribd
Upload
137 views

Law of Torts Novice 2021

This case involves a dispute between Ms. Fatima D'Souza, the head of a private trust that owns a religious structure of the Ajax religion in Arjunpur, India, and Ms. Anshika Mondal, the leader of a Syndu women's organization called Cruento. [1] The Ajax religion practices animal sacrifices at its structure, disturbing nearby Syndu residents. [2] Ms. Mondal and Cruento stopped a sacrifice, violating the religion's rules. [3] Ms. D'Souza called Ms. Mondal and Cruento disparaging names in an interview. [4] Protests formed, and the structure was temporarily sealed. [5] Ms

Uploaded by

Raja Sahil
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
137 views

Law of Torts Novice 2021

This case involves a dispute between Ms. Fatima D'Souza, the head of a private trust that owns a religious structure of the Ajax religion in Arjunpur, India, and Ms. Anshika Mondal, the leader of a Syndu women's organization called Cruento. [1] The Ajax religion practices animal sacrifices at its structure, disturbing nearby Syndu residents. [2] Ms. Mondal and Cruento stopped a sacrifice, violating the religion's rules. [3] Ms. D'Souza called Ms. Mondal and Cruento disparaging names in an interview. [4] Protests formed, and the structure was temporarily sealed. [5] Ms

Uploaded by

Raja Sahil
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 3

ILS M OOT COURT SOCIETY

A N N U A L I N TR A -C O L L E G E N O VI C E M O O T C O U R T C O M P E TI TI O N , 20 21

LAW OF TORTS

Ms. Fatima D’Souza

v.

Ms. Anshika Mondal

1. Syndia is a country located in the southern part of the continent Basia. ‘Syndu’ is a
religion which originated in Syndia with majority of the individuals from this country
practicing the same. However, the land acted as an abode to various other religions as
well.

2. Within Syndia, in the State of Karnarajya, there was a religious structure of the ‘Ajax’
religion. It was owned by a private trust and was situated in the city of Arjunpur. One of
the widely practiced customs of this religion was of animal sacrifice. As per the locals, on
every alternate day, a dog was sacrificed in the structure during the early hours of
morning. In certain cases, sacrifices were done as early as 4:00 am which in turn
generated a lot of noise with the wailing and squealing of the animal. This had disturbed a
lot of Syndus who were living in the periphery of the structure, who in turn had notified
the head of the trust and a prominent religious figure of the Ajax religion, Ms. Fatima
D’Souza, regarding their inconvenience. On 9th March 2019, in order to resolve the issue,
the Syndu organisation ‘Cruento’ which consisted of Syndu women led by Ms. Anshika
Mondal entered the inner sanctum of the structure in spite of being warned by the guards
and stopped the ceremony from proceeding. Ms. D’Souza sternly ordered the Syndu
women to move out as it amounted to violating and defiling their place of worship. As per
the Ajax religion, no person belonging to any other religion was allowed to enter the inner
sanctum. If such an entry was done, it would amount to defilement of the religious
Page | 1
ANNUAL INTRA-COLLEGE NOVICE MOOT COURT COMPETITION , 2021

structure and would further require ‘Shudhikaran’ (purification ceremonies) to


reintroduce the religious structure for public use.

3. The women enraged by Ms. D’Souza, gave some passionate interviews to a local media
outlet on the inconvenience caused by Ms D’Souza and group. These interviews shortly
went viral with a lot of people claiming to have the same problem with the group in
question.

4. Ms. D’Souza infuriated with this sudden shift of narrative, referred to Ms. Anshika
Mondal along with the Syndu women as “disgusting Syndu roaches being led by an
unprincipled swine masquerading as a leader” in her own interview to a media outlet.
This statement spread like wildfire throughout the country.

5. On the day of 25th March 2019, a large group of Syndu women gathered outside the
structure headed by Ms. D’Souza to protest against the statements made by her. In
response to this, a group of Ajax followers responded with intense sloganeering. Fearing
a riot, the Government sealed the structure temporarily.

6. On the subsequent day Ms. Mondal filed a case in the Arjunpur City Civil Court against
Ms. D’Souza claiming that her right to reputation was tarnished by the vile statements
made by Ms. D’Souza. At the same time, Ms. D’Souza filed a plaint on the behalf of the
trust alleging that Ms. Mondal conspired with her followers and trespassed into their
property defiling their place of worship. She further claimed that in order to purify their
place of worship, it would require a Shudhikaran ceremony the cost of which should be
borne by the Defendant. The City Civil Court for the purpose of expeditious proceedings
clubbed the two Plaints to be heard together using its inherent powers. After hearing the
arguments, the Hon’ble Arjunpur City Civil Court held that Ms. D’Souza is liable to pay
damages to Ms. Mondal and at the same time, dismissed the Plaint filed by Ms. D’Souza
on merit. Ms D’Souza appealed this order in the High Court of Karnarajya.

Page | 2
ANNUAL INTRA-COLLEGE NOVICE MOOT COURT COMPETITION , 2021

Issues:

Argue in the favour of Ms. D’Souza that:

a) Ms. Mondal is liable to pay damages to Ms. D’Souza for committing trespass.

b) Ms. D’Souza is not liable to pay damages to Ms. Mondal for the alleged tort of
defamation.

OR

Argue in the favour of Ms. Mondal that:

a) Ms. Mondal is not liable to pay damages to Ms. D’Souza for the alleged tort of
trespass.

b) Ms. D’Souza is liable to pay damages to Ms. Mondal for committing defamation.

Argue for Ms. Mondal or Ms. D’ Souza. The laws of Syndia are pari materia with the laws of
the Republic of India.

The moot proposition has been drafted by Advait Helekar (V B.A.LL.B) and Soham
Bhalerao (V B.A.LL.B), ILS Law College, Pune for Novice Moot Court Competition, 2021.

Page | 3

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy