Study with the several resources on Docsity
Earn points by helping other students or get them with a premium plan
Prepare for your exams
Study with the several resources on Docsity
Earn points to download
Earn points by helping other students or get them with a premium plan
Community
Ask the community for help and clear up your study doubts
Discover the best universities in your country according to Docsity users
Free resources
Download our free guides on studying techniques, anxiety management strategies, and thesis advice from Docsity tutors
This legal memorandum presents a compelling case for the respondent, m/s imperial builders, in a legal dispute concerning the construction of a tunnel. It delves into the complexities of negligence and strict liability principles, examining the potential application of the rylands v. Fletcher doctrine. The memorandum also explores the defense of act of god and the state government's responsibility in protecting the right to life and environmental integrity. It provides a comprehensive analysis of the legal arguments and relevant case law, making it a valuable resource for students of law and environmental law.
Typology: Lecture notes
1 / 18
This page cannot be seen from the preview
Don't miss anything!
CRIMINAL CASE No. _______/
2 | P a g e
Index of Abbreviations ............................................................................................................
Index of Authorities………………………………………………………………………….
Statement of Jurisdiction.........................................................................................................
Statement of Facts ...................................................................................................................
Issues Raised ............................................................................................................................
Summary of Arguments ..........................................................................................................
Arguments Advanced..............................................................................................................
Prayer……………………………………………………………………………………
4 | P a g e
SRNo. Case Laws Citation
Secondary Sources
5 | P a g e
1.1.List of Books i) 1.2.Website Referred
7 | P a g e
Section 302 of the Virelian Penal Code was used to prosecute Mr. X, a Virelia citizen, for the savage 1995 murder of his spouse. In 1998, Mr. X received a life sentence. Mr. X and his cellmate, Mr. Y, developed an unexpected bond while he was incarcerated. Because of this relationship, Mr. X was able to marry Mr. Y's daughter in 2001, which brought a special dimension to his life in prison. Suspicion of his wife's adultery caused Mr. X to conduct a terrible crime in 2005, upending the peace of prison life. He brutally murdered his wife and twin sons during a brief parole visit, casting a shadow over his turbulent background. Even after admitting to the murders, Mr. X said nothing at all in his first
Mr. X received mediocre legal counsel from his government-appointed attorney, who demonstrated no desire to put up a strong defense. As a result, he was found guilty in accordance with Sections 302 and 303 of the Virelian Criminal Code. The Sessions Court sentenced Mr. X to death in 2009. It was a severe ruling. However, there was internal conflict among the High Court judges, which gave rise to a complicated legal context for this decision. The Supreme Court rejected attempts to appeal the ruling in 2010, stating that there were no substantial legal issues. Attempts after that, such as a 2013 mercy petition, were likewise fruitless. In 2016, a mistake by prison
8 | P a g e
officials left Mr. X in the general inmate population instead of the designated death row cells, which turned the wheels of justice in an unexpected direction.
A human rights advocacy group responded when a death warrant was issued on New Year's Day of
One of the main points of contention that raised questions about the general fairness of the legal system was the claimed absence of strong legal representation during the trial. When forensic evidence was introduced, Mr. X's case unexpectedly changed, even though all legal options had been exhausted. The evidence against him seemed to be strengthened by this, including the recreation of the crime scene and DNA analysis. Important details that established a clear connection between the horrific acts carried out during that fatal parole visit
10 | P a g e
11 | P a g e
13 | P a g e
It is humbly submitted before the Hon’ble Court of Indica that M/S imperial Builders are not guilty of negligence towards the residence of devdwar by proceeding with construction of tunnel and by following every due care without any breach
M/S Imperial Builders was given contract by the government for construction of tunnel linking devdwar with shivmath with significance aim to lessen the travel distance between these two locations. Shivmath is an ancient holy place and revered Hindu temple dedicated to lord Shiva where many visitors and pilgrims go to offer their respect and prayers. It was well known that the series of environmental disaster like forest fires , earthquakes landslides, flash floods etc. had seen taking place from time to time. There was disaster in dhamoli village in February 2021 due glacial movements and subsequent flash floods in June 2021 in rani village. The state was fully aware of the loss of human life as result of these disaster. However with a view and ……………….. to facilitate and make easy and short way to public
14 | P a g e
16 | P a g e
17 | P a g e
Therefore, in light of the issues raised, arguments advanced and authorities cited, it is most humbly prayed and implode before the Hon‘ble SUPREME Court of Virelia that may be pleased to:
Pass any other order it may deem fit, in the interest of Justice, Equity and Good Conscience.
All of which is most humbly and respectfully submitted
Place: S/d_____________ Date: XX/XX/XXXX PUBLIC PROSECUTOR
