Assignment – 16.02.

2020 – Associate Advocate – Niti Bodh

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.

A. Determine as to whether it is a suicide or a murder.

B. Discuss the law relating to destruction of evidence and the punishment thereto.
C. What are the laws related to army guns?
D. Discuss the duty of a police officer investigating the scene of crime as per the law.
E. Are the police liable to return the pistol to the Indian Army to which it legally belongs?
Question 2 – Mr. A and Ms. B are couples who love each other and wanted to get married.
Their parents are known to their relationship and have given their consent for their marriage.
Ms. C is another girl who is in a one-sided love with Mr. A and wanted to get married to him.
She knows that she can’t get married to Mr. A till the time Ms. B is there. All three are working
in the same company. One-day Ms. C deliberately makes a call to Ms. B stating that Mr. A has
gone to red-light area seeking professional services of prostitutes. Ms. B being a beloved of
Mr. A try to callback Mr. A but somehow his phone remains not reachable. Since she could
not discuss this fact with either of the parents so she herself goes to the red-light area in search
of Mr. A. After asking 10 odd people by showcasing the photographs of Mr. A one of the
member present over their states that he knows where Mr. A is and ask her to come upstairs.
On complying with the words, she gets robbed once she reached upstairs and gets locked into
a room. Soon thereafter a man approaches her to seek prostitute services to which she resists
and fights with her full might. Then the man curses her and returns from there. This makes
the owner of that prostitute house angry and they enter that room with two goons and thrash
her very badly. Then they ask other people to come and exploit Ms. B for money and one by
one altogether 15 people approaches Ms. B on the same night. All these times she was tied in
the bed and goons were deployed to take care of the situation if she still makes any resistance.
She was left alone when she lost her consciousness. The moment she regains her consciousness
she asks the lady-owner of that prostitute house to comply with her words as that will make
her earn more money. She explains it to her that since she is beautiful, elegant and an English-
speaking girl she can provide better services for a better amount, so she must open her arms
and legs tied in the bed so that she can perform better. The lady-owner finds this idea lucrative
and obliges Ms. B requests. On getting freed Ms. B asks her to send the new man in and to
leave the room along with her deployed goons which was again obliged by the lady-owner.
She also asked her to return her goods like wallet, mobile, knife etc. which she had brought
with herself for her safety, but the lady-owner refused to do so but gave her the wallet
(keeping all the cash) she had brought with herself stating that she should charge extra to
what she will take from the men and to keep that money in the wallet. As soon as the lady-
owner leaves the room along with her deployed men Ms. B rush and closes the door of the
room to which she was confined. She trashes the window pane of the room and jumps from
the first floor of the room runs thereafter till as long as she can for her safety. Finally, she
reaches to a square and begs a taxi driver to drop her to her home. The taxi driver obliges.

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. Is prostitution illegal in India?

B. What are the laws related to forced compulsion and sexual slavery?
C. What charges can be brought up in against Ms. C?
D. Given a situation wherein Ms. B finds out that she is pregnant then what legal
procedures are required to be undertaken by Mr. A to become a father of that child?
E. Can Mr. A and Ms. B still get married to each other if Ms. B becomes a mother prior to
their marriage?
Question 3 – Mr. A is a software professional employed with an organization named as
‘Surya’. He works on the software development of Andriod and IOS related application. He
is extremely good at coding and keeps on developing coding on his personal level as well.
There is a non-compete contract in between the Surya and Mr. A which also states that he
shall give his professional expertise to Surya only and any coding done by him in the ambit
of his employment will be owned by Surya. One fine morning he comes with an idea of
developing an Andriod and IOS based application whose coding encryption will be done from
the both sides making it extremely safe to use. He names that application as ‘Success’. That
application used to gather feedbacks of several people going to several places and giving their
opinion over the place of any nature. With the help of those available data Mr. A intends to
do ‘data mining’ and to give a broader picture to the various businessmen as to how can they
improve on their services right from infrastructure, to interior, to décor, to staff etiquettes etc.
He works on this project and develops a very good application not only on the UI/UX level
but also on an idea level. During the development of this application he happens to write
some genuine real codes in the software which helps him to find out a new gate of developing
a new software coming out of Andriod which is an open source code software. However, he
does not wish to develop that coding into a new software without protecting that developed
coding under the patent laws of India. He approaches a legal adviser to discuss this project in
entirety. He has following queries with himself please clarify –

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?