You are on page 1of 2

MOOT PROBLEM

1. Mr. Harshvardhan Singh Rajput was a 1st year student of Central Law Institute (CLI),
Dehradun. He was 19 years old and quite a mature looking person. One day he was very
dispirited due to his break up with his girlfriend, he peregrinated to a BAR named as Hackers
Bar for a couple of drinks. Neither his Identity Card was not checked nor was he interrupted
as his father was a politician having a good reputation. When he entered the Hackers Bar,
Mr. Babu Rao, the BAR owner personally greeted him with lots of veneration.
2. Mr. Harshvardhan ordered coupled of drinks of alcohol, he was too furious to have a drink
that he imbibed just after the BAR tender make the shots without having a blink of the eyes.
Just after imbibing two shots he started feeling uncomfortable, like how it feels when there
is an acid reflux, considering it as a diminutive issue he asked the BAR tender for two shots
and respectively imbibed those shots not thinking too much about the discomfort. However,
within seconds, his stomach started swelling hence he felt an unbearable pain and was
withal having arduousness in breathing.
3. Soon after this, Mr. Harshvardhan was rushed to the city hospital where he was kept on the
ventilator for three days. After several checkups and x-rays, the doctors confirmed that
there is a hole in the stomach of Mr. Harshvardhan due to the presence of Nitrogen in the
alcohol which was offered to him. The doctors found that the lactic acid levels were too high
which caused a reaction in his stomach. It caused oxygen deprivation in his body therefore
through an operation they had removed the damaged portion of the stomach and connect
the rest to the small intestine. Liquid nitrogen is used to instantly freeze food and drinks. It is
also used in cryogenic medical procedures. It was also found that the alcohol which was
served to Mr. Harshvardhan Singh Rajput was archaic and additionally of lower quality.And
also traces of drugs which is imported from south Africa was mixed in the alchohal which
when administered with the alchohal can cause death of the person to whome such is
administered.
4. According to a media reports, Mr.Harshvardhan who is supposed to have the drink once the
smoke evaporates but had it along with liquid nitrogen. He felt sick but had another one
anyway. Soon after recovering Mr. Harshvardhan Singh Rajput sued the BAR owner Mr. Babu
Rao for not making him aware of the presence of nitrogen and also serving him the outdated
stock which resulted in the fatal injury. It was also revealed that his father as a minister has
once cancelled the license of that bar for selling defected liquor and also for selling drugs.
5. The sessions court and high court gave the decision in the favour of Mr. Babu Rao explaining
the fact the there are many customers which come to have a drink in the BAR every day and
individually making them aware of the presence of the different substances is not feasible in
nature. It is assumed that the prudent man who consumes alcohol is aware of all of its facts.
6. Now the case is in Supreme Court which is to be dealt on 7th September 2017.

Issues:

1. Whether Mr. Babu Rao is liable to pay compensation to Mr. Harshvardhan Singh Rajput?
2. Whether the Licensed Bars should offer alcohol to the people who are below the age of 21?

Laws applicable:

1. Prevention of Food Adulteration Act, 1954


2. Rules and Regulations of World Health Organization
3. Torts Law
4. Indian Contract Act, 1872
5. NDPS Act, 1985

BY: MUKUND MAHESHWARI

2ND YEAR (CORPORATE LAW) B1 BBA LLB

Contact no. 9675669597

Email: mukundmaheshwari127@gmail.com

You might also like