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Moot Problem Contract

The document describes a dispute between Ms. Afreen and Ms. Priyanka Mondal over religious practices in Cyndia. Ms. Mondal led Syndu women to stop animal sacrifices at an Ajax temple, which Ms. Afreen said defiled the temple. Ms. Afreen made defamatory statements about Ms. Mondal, who then sued for damages. The court found Ms. Afreen liable for damages but dismissed her claim against Ms. Mondal.

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55 views

Moot Problem Contract

The document describes a dispute between Ms. Afreen and Ms. Priyanka Mondal over religious practices in Cyndia. Ms. Mondal led Syndu women to stop animal sacrifices at an Ajax temple, which Ms. Afreen said defiled the temple. Ms. Afreen made defamatory statements about Ms. Mondal, who then sued for damages. The court found Ms. Afreen liable for damages but dismissed her claim against Ms. Mondal.

Uploaded by

bhumisharma2605
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Ms. Afreen v. Ms.

Priyanka Mondal
1. Cyndia is a country located in the southern part of the continent Basia. ‘Syndu’ is a
religion which originated in Cyndia 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 Cyndia, 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. Afreen, regarding their inconvenience. On 9th March
2023, in order to resolve the issue, the Syndu organisation ‘Cruento’ which consisted
of Syndu women led by Ms. Priyanka Mondal entered the inner sanctum of the
structure in spite of being warned by the guards and stopped the ceremony from
proceeding. Ms. Afreen 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 structure and would
further require ‘Shudhikaran’ (purification ceremonies) to reintroduce the religious
structure for public use.
3. The women enraged by Ms. Afreen, gave some passionate interviews to a local
media outlet on the inconvenience caused by Ms Afreen 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. Afreen infuriated with this sudden shift of narrative, referred to Ms. Priyanka
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 2023, a large group of Syndu women gathered outside the
structure headed by Ms. Afreen 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. Afreen claiming that her right to reputation was tarnished by the vile
statements made by Ms. Afreen. At the same time, Ms. Afreen 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. Afreen is liable to pay damages to Ms. Mondal and at the
same time, dismissed the Plaint filed by Ms. Afreen on merit. Ms D’Souza appealed
this order in the High Court of Karnarajya.

Issues:

1. Is Ms. Mondal is liable to pay damages to Ms. Afreen for committing trespass.
2. Is Ms. Afreen is not liable to pay damages to Ms. Mondal for the alleged tort of
defamation.

The laws of Cyndia are pari materia with the laws of the Republic of India.

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