Professional Documents
Culture Documents
TABLE OF CONTENTS
TABLE OF CONTENTS...........................................................................................................1
LIST OF ABBREVIATIONS....................................................................................................2
INDEX OF AUTHORITIES
STATEMENTS OF JURISDICTION........................................................................................5
STATEMENTS OF FACTS......................................................................................................6
STATEMENTS OF ISSUES.....................................................................................................8
SUMMARY OF ARGUMENTS...............................................................................................9
ARGUMENTS ADVANCED
I. WHETHER THE PUBLIC INTEREST LITIGATION IS MAINTAINABLE
AGAINST UNION OF ESSOS AND WINES OF WINTERFELL............................10
II. WHETHER THE MANUFACTURER OF PLENDERS BRIDE IS LIABLE FOR
DAMAGES ACCRUING TO THE PETITIONERS...................................................13
III. WHETHER THE PETITIONERS THEMSELVES VOLUNTARILY CONSENTED
TO THE RISK..............................................................................................................14
PRAYER..................................................................................................................................16
PAGE No. 1
DEFINITION
Para
AIR
Art.
Article
Asstt.
Assistant
Co.
Corporation
CTAS
EIHS
ENR
Honble
Honorable
i.e.
That is
Ker.
Kerala
Ors.
Others
p.
Page
pp.
Pages
PIL
r/w
Read with
SC
Supreme Court
SCC
Sec.
Section
u/a
Under Article
vs.
Versus
PAGE No. 2
S. No.
DESCRIPTION
1.
2.
3.
Dr. R.K. Bangia, The Law of Torts, Allahabad Law Agency, 23rd Edition, 2013.
4.
Salmond and Heuston, Law of Torts, Universal Book Traders, First Indian
Reprint, 1993.
STATUTE INVOLVED
S. No.
STATUTE/LEGISLATION
1.
LEGAL DATABASES
S. No.
LEGAL DATABASES
1.
Westlaw
2.
Manupatra
3.
SCC Online
TABLE OF CASES
PAGE No. 3
12
Jainson Hosiery
11
4.
12
6.
7.
No.
11
R.S.Wadhwani
2.
PAGE
14
12
13
Unithan
8.
14
Spirits Co.
9.
12
10.
14
11.
12
SCR 983
STATEMENT OF JURISDICTION
The Honble Supreme Court of Essos has the jurisdiction in this matter under Article 32 of
the Constitution of Essos which reads as follows:
PAGE No. 4
STATEMENT OF FACTS
1.
PAGE No. 5
Wines of Winterfell valued at approx. ENR 850mn is one such large alcohol
manufacturer. Plenders Bride an economical whisky introduced by Wines of Winterfell in
2006 has become a popular brand because a very little amount of this whisky can induce a
pleasant high. Plenders Bride comes with a warning stating, The pleasure of Plenders
Bride can cause deleterious effects on your health still there was no adverse impact on its
sale.
3.
4.
The same fact was corroborated by The Centre for Tobacco and Alcohol Studies (CTAS),
a private institution composed of scientists of international eminence. However, CTAS
went a step ahead and conducted a study of a number of alcohol brands to find out the
real cause for Renal Calculus. After six months they arrived at a conclusion and blamed
Plenders Bride whisky for the same. Their report claims that Plenders Bride contains
traces of oxides, supposedly of metals from the network of pipes use by the distillery.
5.
On the basis of this report, various patients of Renal Calculus filed civil suits in different
courts of Essos as per their jurisdiction asking for damages. In some of the cases, the
court awarded compensation while other cases were decided in favour of Wines of
Winterfell. The treatment and rehabilitation of patients of Renal Calculus costs
approximately ENR 85,000.
6.
A public spirited lawyer who has experience in mass tort litigation against business
enterprises has filed a Public Interest Litigation before the Honble Supreme Court of
Essos in an attempt to bring all the matters sub-judice before different subordinate courts.
The Supreme Court of Essos has admitted the PIL and will adjudicate the same in the
second week of February 2016.
PAGE No. 6
STATEMENT OF ISSUES
THE RESPONDENTS RESPECTFULLY ASKS THE HONBLE SUPREME COURT OF
ESSOS, FOLLOWING QUESTIONS:
ISSUE I:
PAGE No. 7
ISSUE II:
ISSUE III:
SUMMARY OF ARGUMENTS
I. WHETHER THE PUBLIC INTEREST LITIGATION IS MAINTAINABLE
AGAINST UNION OF ESSOS AND WINES OF WINTERFELL.
It is humbly submitted before the Honble Court that, this petition filed by petitioner was
wrongly admitted and is not maintainable as per the guidelines of the Honble Court.
Also, the petition for early hearing of cases pending in subordinate courts cannot be
entertained as PIL. In the present case the petitioner had an option of alternative remedy
which has not yet been exhausted.
MEMORIAL FOR THE RESPONDENTS
PAGE No. 8
PAGE No. 9
1 Supreme Court of India, Public Interest Litigation (PIL) Guidelines, (Feb. 17,
2016, 11:17 p.m.)
<http://supremecourtofindia.nic.in/circular/guidelines/pilguidelines.pdf >
PAGE No. 10
PAGE No. 11
With all due respect the counsel would like to establish before the Honble Court that the
manufacturer i.e., Wines of Winterfell is not responsible for the malady of Renal Calculus
suffered by the people of Essos.
As oxidation is one of the quintessential steps of brewing of whisky at distilleries and the
same method is being followed since centuries, the only difference lies in a switch from
manual labour to automated machines but according to the report of The Centre for Tobacco
and Alcohol Studies (CTAS), the traces of oxides found in Plenders Bride are the reason
6 Vidya Sharma vs. Shiv Narain Verma AIR 1956 SC 108: (1955) 2 SCR 983.
PAGE No. 12
The counsel humbly submits before this Honble Court that the risk of consuming alcohol is
already known to the public at large as it is evident from the fact that the people of Essos are
prudent and educationally sound and without any outside influence are indulge in drinking. In
Pemberton vs. American Distilled Spirits Co.8, the court stated that alcohol has long been
recognized as toxic, and has been used in society during all recorded history. Furthermore,
7 K Sobha vs. Dr. Mrs. Raj Kumari Unithan AIR 1999 Ker.
8 Pemberton vs. American Distilled Spirits Co. 664 S.W. 2d 690 (Tenn.1984).
PAGE No. 13
PAGE No. 14
PRAYER
In light of the issues raised, arguments advanced, reasons given and authorities cited, the
counsel for the Respondents humbly prays that this Hon'ble Court may be pleased:
1. To hold that the petition filed before the Honble Court was wrongly admitted and is not
maintainable and dismiss the same.
2. In the alternative declare and adjudge:
That the respondents have not violated the Fundamental Right of the Petitioners.
That the actions of respondents did not cause any ailment to the people of Essos.
MEMORIAL FOR THE RESPONDENTS
PAGE No. 15
AND/OR
Pass any other Order, Direction, or Relief that it may deem fit in the Best Interests of Justice,
Fairness, Equity and Good Conscience.
For this Act of Kindness, the Respondents as in duty bound, shall forever pray.
PAGE No. 16