Beruflich Dokumente
Kultur Dokumente
Question 1 – Mr. A is a person who was employed in the Indian Army. His family consisted
of his parents (father and mother), grandparents (grandfather and grandmother) and an elder
brother. In summers he comes to his home. One afternoon he had a verbal spat with his
parents and soon after he was found dead in his grandfather’s room, which coincidentally is
the outermost and abandoned room (due to paranormal activities) of the house and was not
connected with the other rooms of that house. One must travel through the veranda to reach
to that room. That room was easily accessible by an outsider. On the date of this incident only
his parents and grandparents were present in the house. The police though were successful in
recovering the army pistol used in this incident but could not find the bullet through which
he died. There were no eyewitnesses to this incident. The family members claim it to be a
suicide, but the police think otherwise. Though the police recover the available items from the
scene of crime but fail to record the individual statement of all the people present in the family.
Next day Mr. A gets to know about the incident and clarifies that he was outstation in a
meeting which was a no network zone and that’s why his phone was not reachable. He asks
Ms. B to come along with her to find out the real culprits. They revisit that place as a journalist
and remained successful in nabbing the one who had asked Ms. B to come upstairs. Thereafter
they report this incident to the police and seek legal consultancy. Mr. A ask Ms. B to get her
medically examined for all such diseases which may be transmitted by the way of intercourse.
He also asks her to keep the baby in case she has become pregnant out of this incident.
A. Because there is an agreement in between Mr. A and Surya which states that all his
developed coding and application will belong to Surya; who is the owner of this
developed application Surya or Mr. A?
B. Since the said agreement also restricts him to undertake any business and to be a
competitor of Surya what can he do to launch this developed application provided this
application belongs to him?
C. What all can be protected under the ambit of IPR laws of India which will help him in
doing his business very safely without getting disturbed over the issues of new
competitor coming at its place?
D. Can he protect his developed coding as per the patent laws of India?
E. Is ‘data mining’ legal in India or will it be considered as a breach to ‘right to privacy’
which is enshrined in the constitution of India as one of the fundamental rights as per
the recent judgment passed by the Hon’ble Supreme Court of India?
Question 4 – ABC Private Ltd is a company limited by shares involved in the business of real
estate and allied works. The Company had several ongoing real estate projects in the states of
UP, MP, Rajasthan and Haryana. Mr. A, Ms. B and Mr. C were the Directors of the Company
in the year 2012 – 2014. In October 2014 Mr. C resigned from the post of the Director and that
was not only duly accepted in the Board Meeting but was also intimated to the Ministry of
Corporate Affairs as per the procedure. In November 2014, to raise funds for all the ongoing
projects in the state of UP the Company had issued fully paid up secured redeemable non-
convertible debentures to several private parties. The maturity period for all these issued fully
paid up secured redeemable non-convertible debentures were of November 2016. In the
meantime, the Company wraps its work and ran away with all the money which they have
been able to raise through these issued fully paid up secured redeemable non-convertible
debentures. In the year 2016 when all the private parties returned to the office of the Company
to get their money as per the issued fully paid up secured redeemable non-convertible
debentures they get to know about the scam. They bring up a suit before the NCLT (National
Company Law Tribunal) in against the Company, Mr. A, Ms. B and Mr. C with following
prayer –
“the present petition be allowed with the direction to respondents to redeem the fully paid up secured
redeemable non-convertible debenture in favour of applicants/petitioners.”
The NCLT issues notices to all the Respondents however none appears for the Company, Mr.
A or Ms. B. Mr. C appears before the NCLT and do not contest the case on the merits rather
states that he is no more the Director of the Company and the disputed fully paid up secured
redeemable non-convertible debentures were not issued during his tenure. NCLT directs the
ROC, Kanpur (Registrar of Companies, Kanpur) to furnish the entire data of the Company
and it was found that Mr. C was re-appointed as the Director of the ABC Private Ltd in
January 2016 by Mr. A. Mr. C protest this appointment before NCLT and claims that fraud
has been played upon him as he never signed any document for his reappointment in the
Company. However, the NCLT considering the documents furnished by the ROC, Kanpur
and in the situation where none appears from the side of Mr. A (who has re-appointed him as
the Director) declares Mr. C to be one of the acting Director of the Company and orders the
Company to pay the amount due to the private parties in against fully paid up secured
redeemable non-convertible debentures.
A. Determine whether the NCLT has the jurisdiction to decide a subject matter of fraud
as alleged by Mr. C?
B. Since the Company, Mr. A and Ms. B has run away with the money and in no
possibility, they are going to repay the amount honouring this judgment what
remedies lies with the applicants in against the Company, Mr. A and Ms. B?
C. In a situation wherein, this order is not going to be honoured by the other parties
ultimately the onus to comply this order will come upon Mr. C. How come Mr. C can
avoid this upcoming situation?
D. Has NCLT done a grave error of justice in a situation wherein it could not be
determined as to whether the appointment of Mr. C as Director is based on fraudulent
activity or not?
E. In a case where personal properties of Mr. C gets attached for the compliance of this
order where does his appeal shall lie – before Hon’ble High Court of Allahabad or
before NCALT, Delhi?
Question 5 – Sunshine Private Limited and Moonshine Private Limited are two companies
based in New Delhi. While Sunshine Private Limited is a software company Moonshine
Private Limited is a Design Company. Sunshine is working on a project wherein they are
developing an Andriod as well as an IOS based application which will be a one stop solution
to all educational institutions. By this application not only the educational institutions will be
able to map the attendance, progress report of the students, faculties and staff but will also be
able to maintain their individual profiles providing an interface to communicate in among
themselves, pushing the all relevant notifications and alerts inside the institute, scheduling
the classes, conducting the exam and declaring the result. One of the key solutions which this
application provides is the upgradation of the course modules as per the recent inputs
received from the market. To do so, they have hired the professionals who are involved in
Data Science, Machine Learning and Artificial Intelligence. To develop this project, they enter
in a contract with Moonshine Private Limited who were responsible for the
design/development of every deck/page, its navigation control, deck/page marking, internal
guidelines roadmap etc. Since this was an extremely crucial and confidential project of
Sunshine Private Limited so they ask the Directors of Moonshine Private Limited to send their
team to their office for the time this project is ongoing and the Moonshine Private Limited
obliged. The internal guidelines roadmap was a very crucial design for this application as that
was the one which was the actual interface to be used by every student to learn the course at
its own speed and hence giving an idea to the industry as to what shall be removed/added or
amended from the course. When the Sunshine Private Limited was halfway down the line on
this project the Moonshine Private Limited opts out of this project stating staff shortage. The
Sunshine Private Limited suffers huge loss because of Moonshine Private Limited sudden exit
and hence seeks refund in against the loss to which Moonshine Private Limited refuses. When
this tiff was ongoing, and the project was on halt Sunshine Private Limited gets confirmed
news that Moonshine Private Limited has sold out the designs of internal guidelines roadmap
to Darkshine Private Limited. Sunshine Private Limited also gets to hear the rumor that
Darkshine Private Limited is coming up with their own project which is like the project of
Sunshine Private Limited and have sought the assistance of Moonshine Private Limited for
the design on a way better price which was offered by Sunshine Private Limited. Sunshine
Private Limited use the Arbitration clause of the Agreement signed in between them and
brings a case against Moonshine Private Limited for – theft of design, loss of revenue and
opportunity to dominate the market, leaking the confidential data, breach of contract and
illegally entering into the contract with Darkshine Private Limited for the similar project.
Moonshine Private Limited refutes the charges.
A. Is a matter relating to Intellectual Property Rights in the purview of Arbitration?
B. Can Sunshine Private Limited sue Moonshine Private Limited for the loss of revenue
and the loss of opportunity to dominate the market before an Arbitrator?
C. To whom does internal guidelines roadmap design belong – Sunshine Private Limited
or to Moonshine Private Limited?
D. How can Sunshine Private Limited stops the Darkshine Private Limited from using
the internal guidelines roadmap design when there is no direct
obligation/relationship in between them?
E. Can Sunshine Private Limited compel the Moonshine Private Limited to help them in
completing this assignment when they are trying to use the exit clause of the
agreement on the ground of staff shortage?