BEFORE THE HON’BLE CIVIL JUDGE (SR.
DIVISION),
CHANDIGARH
IN MATTER OF
Sri. .......................................................................................................................Plaintiff
v.
Sri. ....................................................................................................................Defendant
SUIT FILED UNDER SECTION 10 AND 14 r/w SECTION 21 of SPECIFIC
RELIEF ACT, 1963.
GURMUKH
219/20
18817
SECTION D
AS SUBMITTED TO THE HON'BLE CIVIL JUDGE (DIVISION)
BEFORES.THE
T K SINGH
HON’BLE MEMORIAL
DISTRICT ANDNATIOMNAL C
SESSIONS COURT,
CHANDIGARH
H P U I L S ,S
S. N O. TABLE OF CONTENTS PG.
NO.
1. LIST OF ABBREVIATIONS 2
2. INDEX OF AUTHORITIES 3
3. STATEMENT OF JURISDICTION 6
4. STATEMENT OF FACTS 7
5. STATEMENT OF ISSUES 8
6. SUMMARY OF ARGUMENTS 9
7. ARGUMENTS ADVANCED 10
8. PRAYER 20
1 | Page
MEMORIAL ON BEHALF OF
DEFENCE
LATETHE
BEFORE SH. T HON’BLE
HAKUR K ASHMIR SINGH MEMORIAL
DISTRICT NATIOMNAOO
AND SESSIONS LT COURT
COURT,
CHANDIGARH COMPETITION
IMACHAL
H PRADESH UNIVERSITY NISTITUTE OF L EGAL TSUDIES , SHIMLA
AIR All India Report
SR Specific Relief
A Act Gujarat High
GU Court Defendant
J Witness Edition
D Honourable
W Transfer Property
Ed. Act Indian Contract
HON’BL Act Indian Cases
E TPA Paragraph
ICA Plaintiff Witness
IC Supreme Court
Para Supreme Court
PW Report Section
SC Versus
SC
R
s.
v.
2 | Page
MEMORIAL ON BEHALF OF
DEFENCE
LATESH. T HAKUR K ASHMIR SINGH MEMORIAL NATIOMNAOOLT COURT
BEFORE THE HON’BLE DISTRICT AND SESSIONS COURT,
COMPETITION
CHANDIGARH
IMACHAL
H PRADESH UNIVERSITY NISTITUTE OF L EGAL TSUDIES , SHIMLA
CASES
1.
3 | Page
MEMORIAL ON BEHALF OF
DEFENCE
LATESH. T HAKUR K ASHMIR SINGH MEMORIAL NATIOMNAOOLT COURT
BEFORE THE HON’BLE DISTRICT AND SESSIONS COURT,
COMPETITION
CHANDIGARH
IMACHAL
H PRADESH UNIVERSITY NISTITUTE OF L EGAL TSUDIES , SHIMLA
ONLINE DATABASE
o SCC ONLINE
o MANUPATRA
o LE IS NE IS
o LIVELAW
BOOKS
o POLLOCK & MULLA ON THE INDIAN CONTRACT AND
SPECIFIC RELIEF ACTS BY R. YASHOD VARDHAN & CHITRA
NARAYAN
o THE LAW OF CONTRACT BY AVTAR SINGH
o SPECIFIC RELIEF ACT BY R.K. BANGIA
4 | Page
M EMORIAL ON BEHALF OF
DEFENCE
LATESH. T HAKUR K ASHMIR SINGH MEMORIAL NATIOMNAOOLT COURT
BEFORE THE HON’BLE DISTRICT AND SESSIONS COURT,
COMPETITION
CHANDIGARH
IMACHAL
H PRADESH UNIVERSITY NISTITUTE OF L EGAL TSUDIES , SHIMLA
The Defendant respectfully submits that this Hon'ble Court has the
necessary pecuniary, territorial, and subject matter jurisdiction to
hear and adjudicate the present case under the provisions of the Civil
Procedure Code, 1908 (CPC). The defendant invokes the following
provisions to demonstrate the jurisdiction of this Court:
1. Pecuniary Jurisdiction:
This Hon'ble Court has pecuniary jurisdiction to try the present case as
the valuation of the suit falls within the prescribed financial limits for
this court. Under Section 6 of the Civil Procedure Code, 1908, a court is
competent to try all suits of a civil nature unless they are expressly or
impliedly barred, and the suit value is within the limits of the court's
pecuniary jurisdiction.
Provision Cited:
Section 6, CPC: "Pecuniary jurisdiction of courts."
In the present case, the value of the subject matter of the suit does not
exceed the pecuniary limits of this Hon'ble Court. Thus, this court is
competent to entertain the suit.
2. Territorial Jurisdiction:
The defendant respectfully submits that this Hon'ble Court has
territorial jurisdiction over the matter as the cause of action, in part or
in whole, arose within the territorial limits of this court’s jurisdiction.
Provisions Cited:
1. Section 16, CPC: "Suits to be instituted where subject matter situate."
2. Section 20, CPC: "Other suits to be instituted where defendants
reside or cause of action arises."
6 | Page
M EMORIAL ON BEHALF OF
DEFENCE
LATESH. T HAKUR K ASHMIR SINGH MEMORIAL NATIOMNAOOLT COURT
BEFORE THE HON’BLE DISTRICT AND SESSIONS COURT,
COMPETITION
CHANDIGARH
IMACHAL
H PRADESH UNIVERSITY NISTITUTE OF L EGAL TSUDIES , SHIMLA
Under Section 20(c) of the CPC, a suit can be instituted in a court
within whose jurisdiction the cause of action, wholly or in part, arises.
In the present case, the contract was executed and breached within the
territorial jurisdiction of this Hon’ble court, giving it authority to try the
matter. Additionally, the defendant resides within the jurisdiction of
this court.
3. Subject Matter Jurisdiction:
This Hon'ble Court has subject matter jurisdiction to adjudicate the
present dispute as it pertains to a civil dispute related to contractual
obligations, for which civil courts are vested with the jurisdiction to
resolve under the CPC.
Provision Cited :
Section 9, CPC : "Courts to try all civil suits unless barred."
There is no express or implied bar to the jurisdiction of this court in
trying the present suit. As the suit relates to a civil dispute involving
contract enforcement, this Hon'ble Court has subject matter jurisdiction
to adjudicate and decide the dispute.
Conclusion:
In light of the above, it is respectfully submitted that this Hon'ble
Court possesses pecuniary, territorial, and subject matter
jurisdiction under the Civil Procedure Code, 1908, and is fully competent
to hear and adjudicate this suit. The defendant, therefore, requests the
Hon'ble Court to proceed with the trial of the case accordingly.
6 | Page
M EMORIAL ON BEHALF OF
DEFENCE
LATESH. T HAKUR K ASHMIR SINGH MEMORIAL NATIOMNAOOLT COURT
BEFORE THE HON’BLE DISTRICT AND SESSIONS COURT,
COMPETITION
CHANDIGARH
IMACHAL
H PRADESH UNIVERSITY NISTITUTE OF L EGAL TSUDIES , SHIMLA
STATEMENT OF FACTS
BRIEF FACTS AND BACKGROUD
To defend Vijay, the counsel of defendant will delve into the legal provisions
of the Transfer of Property Act (TPA), 1882 and Specific Performance of Act,
1963.
For a contract related to immovable property to be specifically enforced by
the court of law it has be a valid contract as per the provisions of Indian
Contract Act, 1872 and the Transfer of Property Act, 1882
7 | Page
M EMORIAL ON BEHALF OF
DEFENCE
LATESH. T HAKUR K ASHMIR SINGH MEMORIAL NATIOMNAOOLT COURT
BEFORE THE HON’BLE DISTRICT AND SESSIONS COURT,
COMPETITION
CHANDIGARH
IMACHAL
H PRADESH UNIVERSITY NISTITUTE OF L EGAL TSUDIES , SHIMLA
ISSUE 1: Wether the agreement between the parties constitutes a valid
contract and is thus specifically enforceable by the court.
ISSUE2: Whether the plaintiff is entitled to any compensation under
section 21 of SRA or any other remedy.
8 | Page
M EMORIAL ON BEHALF OF
DEFENCE
LATESH. T HAKUR K ASHMIR SINGH MEMORIAL NATIOMNAOOLT COURT
BEFORE THE HON’BLE DISTRICT AND SESSIONS COURT,
COMPETITION
CHANDIGARH
IMACHAL
H PRADESH UNIVERSITY NISTITUTE OF L EGAL TSUDIES , SHIMLA
ISSUE-1: Whether the agreement between the parties constitutes a valid
contract and is thus specifically enforceable by the court.
SRA or any other remedy.
The defendant submits that the contract in question is void or
ISSUE-2: Wether the plaintiff is entitled to any compensation under section 21 of
unenforceable due to fundamental legal deficiencies. Section 21 only
permits compensation when there has been a breach of a valid contract.
If the contract is legally void for reasons such as uncertainty, illegality,
or lack of consideration, no claim for compensation can be made.
9 | Page
M EMORIAL ON BEHALF OF
DEFENCE
LATESH. T HAKUR K ASHMIR SINGH MEMORIAL NATIOMNAOOLT COURT
BEFORE THE HON’BLE DISTRICT AND SESSIONS COURT,
COMPETITION
CHANDIGARH
IMACHAL
H PRADESH UNIVERSITY NISTITUTE OF L EGAL TSUDIES , SHIMLA
ARGUMENTS ADVANCED
ISSUE-1: Wether the agreement between the parties constitutes a valid
contract and is thus specifically enforceable by the court.
M EMORIAL ON BEHALF OF
10 | Page
DEFENCE
BEFORE THE HON’BLE DISTRICT AND SESSIONS COURT,
CHANDIGARH
11| Page
MEMORIAL ON BEHALF OF
DEFENCE
LATESH. T HAKUR K ASHMIR SINGH MEMORIAL NATIOMNAOOLT COURT
BEFORE THE HON’BLE DISTRICT AND SESSIONS COURT,
COMPETITION
CHANDIGARH
IMACHAL
H PRADESH UNIVERSITY NISTITUTE OF L EGAL TSUDIES , SHIMLA
D. MEERA SHARMA’S REPUTATION WAS NOT UNFAIRLY DAMAGED:
CONCLUSION
(a) While Ms. Sharma may claim that the article damaged her reputation, it is
important to note that public officials are held to a higher standard of
accountability. Allegations of corruption, especially when substantiated by
credible sources, do not automatically amount to defamation if they are in the
public interest. (b) The harm to Ms. Sharma’s reputation, if any, is a
consequence of the public nature of her office and the seriousness of the
allegations. The article aimed to expose potential corruption, which is a
matter of public concern, not a personal attack on her character.
It is therefore humbly submitted that Rajesh Kumar’s actions do not
constitute defamation as they fall within the legally recognized defenses of
truth, good faith,
and public interest.
MEMO
RIAL
ON BEHALF OF DEFENCE
12| Page
LATE
BEFORE SH. THON’BLE
THE SINGH MEMORIAL
DISTRICT
HAKUR K ASHMIR NATIOMNAOO
AND SESSIONS LT COURT
COURT,
CHANDIGARH COMPETITION
IMACHAL
H PRADESH UNIVERSITY NISTITUTE OF L EGAL TSUDIES , SHIMLA
Wherefore, in light of the issues raised, arguments advanced and authorities cited,
may this Hon 'ble Court be pleased to:
To HOLD:
That Plaintiff has no valid claim for specific performance of the alleged breach of contract.
To PASS:
That the suit shall be dismissed
AND/OR
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.
20| Page
M EMORIAL ON BEHALF OF
DEFENDANT
