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ICFAI LAW SCHOOL MOOT COURT EXAM FOR THE BATCH OF 2025
BEFORE THE HON’BLE SUPREME COURT OF HIMAVARTA
(Appeal file under Article 133 of the Constitution of Himavarta and Sec. 109 of Code of Civil
Procedure, 1908)
AS No. ( ) 2021
IN THE MATTER OF
SHYAMALA DEVI …APPELLANT
versus
TRIGGON WEAPONRIES LTD & ANOTHER …RESPONDENT
WRITTEN MEMORANDUM FILED ON BEHALF OF THE RESPONDENT
NAME: ADITYA KUMAR TIWARI
ENROLMENT NO: 20FLICHH020094
SEC: BALLB SEC ---E
TABLE OF CONTENTS
S. No. Title Page No.
1. Index of Authorities 1
2. Statement of Jurisdiction 2
3. Statement of Facts 3
4. Issues Raised 4
5. Summary Arguments 5-7
1.— [ISSUE-1]
2. – [ISSUE-2]
3. – [ISUUE-3]
6. Arguments Advanced 8-10
1.— [ISSUE-1] DOES THE ACT OF TRIGGON WEAPONRIES
LTD. COME UNDER NEGLIGENCE?
2. – [ISSUE-2]WHETHER JANARDHAN CAN BE HELD LIABLE
FOR THE DEATH OF THE CHILD OR FOR THE
COMPENSATION
3. -- [ISUUE-3] IS THE SHYAMALA DEVI IS ENTITLED TO
COMPENSATION?
7. Prayer 11
INDEX OF AUTHORITIES
CASES
1.Ramesh Kumar Nayak VS Union of India
2. M. Vijay Laxmi Vs Laxmi Prasad Yadav
3. Vedanta Limited Vs State of Tamil Nadu and ors
4.Jaya Laxmi salt Words(P) Ltd. Vs State of Gujrat
5. Cates Vs Mongini Bros
BOOKS
1. THE LAW OF TORTS, RATANLAL AND DHIRAJLAL
2.CIVIL PROCEDURE CODE, HIMAVARTA
3. CONSTITUTION OF HIMAVARTA
STATEMENT OF JURISDICTION
The Respondent humbly submits that the Applicant has submitted to the
jurisdiction of this Hon’ble Supreme Court of Himavarta under Article 133 of
Himavarta Constitution and section 109 of Civil procedure code,Himavarta.
ARTICLE 133 OF HIMAVARTA CONSTITUTION:- Appellate jurisdiction of Supreme

Court in appeals from High Courts in regard to civil matters
1. An appeal shall lie to the Supreme Court from any judgment, decree or final order
in a civil proceeding of a High Court in the territory of India if the High Court
certifies under Article 134A
(a) that the case involves a substantial question of law of general importance.
(b) And in the opinion of the High Court the said question needs to be decided by the
Supreme Court
2. Notwithstanding anything in Article 132, any party appealing to the Supreme Court
under clause ( 1 ) may urge as one of the grounds in such appeal that a substantial
question of law as to the interpretation of this Constitution has been wrongly
decided
3. Notwithstanding anything in this article, no appeal shall, unless Parliament by
law otherwise provides, lie to the Supreme Court from the judgment, decree or final
order of one Judge of a High Court.
SECTION 109 OF CIVIL PROCEDURE CODE,HIMAVARTA:- When appeals lie to the
Supreme Court.
1.Subject to the provisions in Chapter IV of Part V of the Constitution and such rules
as may, from time to time, be made by the Supreme Court regarding appeals from
the Courts of India, and to the provisions hereinafter contained, an appeal shall lie
to the Supreme Court from any judgment, decree or final order in a civil proceeding
of a High Court, if the High Court certifies
(a) that the case involves a substantial question of law of general importance; and
(b) that in the opinion of the High Court the said question needs to be decided by
the Supreme Court.
STATEMENT OF FACTS
1) Himavarta is a country being surrounded with the mountains and valleys in
its territory boarders has all the time a threat from the other adjacent
countries so they make contracts with companies which prepares nuclear
weapons, etc.
2) Triggon Weaponries Ltd. Is a company known for making highly advanced
weapons, the company was also engaged in the project of manufacturing
Drones. The senior officials of the company on 16 May,2020 decided to test
the drone and so they sent it for as test run. For the first 3 hours, the drone
was used in the jungle then they used it in the nearby city.
3) when the drone was being tested in the city, the cells in it got overcharged
which resulted in its explosion, because it was being used at a very low
altitude, due to the explosion it caused fire in a dwelling house. A 7-year-old
boy named Rahul was stuck inside the house when it caught fire. Shyamala
Devi his mother when returned home from the store saw the house on fire
and rushed to rescue her child, but was stopped by the people.
4) She was shouting for help, then a man named Janardhan roaming there saw
that fire and rushed to rescue the child, an army Jawan was also arrived
there but he stopped as he saw Janardhan going inside because there was
not enough space for two people, but Janardhan got afraid and came back
without rescuing Rahul, then Army Jawan went inside but it was too late and
Rahul was dead. Doctors said that Rahul would have been saved few minutes
earlier, he would have been alive.
5) Shyamala Devi filed a Suit in Civil court and alleged that Triggon Weaponries
Ltd. is responsible for his son’s death. She also alleged that Janardhan is
also liable because if he would have saved or not opted for it her child would
have lived and claimed reliefs for the loss of her child.
6) Civil court held both of them liable and granted reliefs to Shyamala Devi.
Aggrieved with the Decision Triggon Weaponries Ltd. and Janardhan
challenged the matter before The High Court and the High court upheld the
appeal and set-aside the decision of the lower court.

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ICFAI LAW SCHOOL MOOT COURT EXAM FOR THE BATCH OF 2025

BEFORE THE HON’BLE SUPREME COURT OF HIMAVARTA

SHYAMALA DEVI …APPELLANT

TRIGGON WEAPONRIES LTD & ANOTHER …RESPONDENT

WRITTEN MEMORANDUM FILED ON BEHALF OF THE RESPONDENT

NAME: ADITYA KUMAR TIWARI

ENROLMENT NO: 20FLICHH020094

SEC: BALLB SEC ---E

S. No. Title Page No.

5. Summary Arguments 5-7

6. Arguments Advanced 8-10

1.— [ISSUE-1] DOES THE ACT OF TRIGGON WEAPONRIES

LTD. COME UNDER NEGLIGENCE?

2. – [ISSUE-2]WHETHER JANARDHAN CAN BE HELD LIABLE

FOR THE DEATH OF THE CHILD OR FOR THE

3. -- [ISUUE-3] IS THE SHYAMALA DEVI IS ENTITLED TO

2. M. Vijay Laxmi Vs Laxmi Prasad Yadav

3. Vedanta Limited Vs State of Tamil Nadu and ors

4.Jaya Laxmi salt Words(P) Ltd. Vs State of Gujrat

5. Cates Vs Mongini Bros

1. THE LAW OF TORTS, RATANLAL AND DHIRAJLAL

2.CIVIL PROCEDURE CODE, HIMAVARTA

ARTICLE 133 OF HIMAVARTA CONSTITUTION:- Appellate jurisdiction of Supreme

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