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    Freshers Induction Moot 2023

    Uploaded by

    Akash Verma
    This document outlines a case between SVS Entertainment Limited as the plaintiff and Mr. Hussain as the defendant regarding a breach of contract. It provides background on Sindhia's music culture, Hussain's rise to popularity as a Trad-Pop artist after signing with SVS Entertainment, and a dispute arising when Hussain could no longer perform due to illness. The document includes sections on jurisdiction, facts of the case, issues to be considered, and arguments to be made regarding the validity and enforceability of the contract between the two parties.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Freshers Induction Moot 2023

    Uploaded by

    Akash Verma
    17 views5 pages
    This document outlines a case between SVS Entertainment Limited as the plaintiff and Mr. Hussain as the defendant regarding a breach of contract. It provides background on Sindhia's music culture, Hussain's rise to popularity as a Trad-Pop artist after signing with SVS Entertainment, and a dispute arising when Hussain could no longer perform due to illness. The document includes sections on jurisdiction, facts of the case, issues to be considered, and arguments to be made regarding the validity and enforceability of the contract between the two parties.

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    FRESHERS INDUCTION MOOT 2023

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    This document outlines a case between SVS Entertainment Limited as the plaintiff and Mr. Hussain as the defendant regarding a breach of contract. It provides background on Sindhia's music culture, Hussain's rise to popularity as a Trad-Pop artist after signing with SVS Entertainment, and a dispute arising when Hussain could no longer perform due to illness. The document includes sections on jurisdiction, facts of the case, issues to be considered, and arguments to be made regarding the validity and enforceability of the contract between the two parties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    17 views5 pages

    Freshers Induction Moot 2023

    Uploaded by

    Akash Verma
    This document outlines a case between SVS Entertainment Limited as the plaintiff and Mr. Hussain as the defendant regarding a breach of contract. It provides background on Sindhia's music culture, Hussain's rise to popularity as a Trad-Pop artist after signing with SVS Entertainment, and a dispute arising when Hussain could no longer perform due to illness. The document includes sections on jurisdiction, facts of the case, issues to be considered, and arguments to be made regarding the validity and enforceability of the contract between the two parties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 5

    FRESHERS INDUCTION MOOT 2023

    CAMPUS LAW CENTRE

    IN THE COURT OF HON’BLE DISTRICT JUDGE AT DISTRICT


    SENNAI, SINDHIA

    SVS ENTERTAINMENT LIMITED………………………PLAINTIFF

    VERSUS

    MR. HUSSIAN…………………………………………DEFENDANT

    MEMORIAL ON BEHALF OF PLAINTIFF COUNSEL


    APPEARING ON BEHALF OF PLAINTIFF
    TABLE OF CONTENTS

    Particulars Page No.

    1. Index of authorities 3
    2. Statement of jurisdiction 4
    3. Statement of facts 5
    4. Statement of issues 6
    5. Summary of arguments 7
    6. Arguments advanced 8
    6.1 Whether the contract between SVS Limited and Hussain
    valid?
    A. Whether it was signed by plaintiff with free will?
    6.2 Is the contract unconscionable, rendering it
    unenforceable?
    A. Whether there was any undue influence exerted upon Hussain?
    6.3 Whether there was a breach of contract?
    A. Whether there was a breach of contract by Hussain?

    7. Prayer
    INDEX OF AUTHORITIES

    STATUTES:
    1. The Indian Contract Act, 1872
    2. Code of Civil Procedure, 1908
    BOOKS:
    1. Dr. R.K. Bangia, Indian Contract Act, 15th edition
    2. Avtar Singh, Contract & Specific Relief, 12th edition
    CASES:
    1. M/S Chendur Forging (P) Ltd. v. M/S Bhandari interstate carriers, A.I.R>
    2008 Mad (218)
    2. Inder Singh v. Dayal Singh (1926) 28 BOMLR 1332
    3. Merci Celine D’Souza v. Renie Fernanadez A.I.R. 1998 Kerala 280
    4. Ganesh Narayan v. Vishnu Ranchandra Saraf. (1907) 9 BOMLR 1164
    5. M. Rangaswany v. Rengammal A.I.R. 2003 S.C. 3120
    6. Subhash Chandra Das Mushib v. Ganga Prasas Das Mushib A.I.R. 1967
    S.C. 878
    7. Zaheer Khan v. Percept D. Mark (India) Pvt. Ltd.
    8. Modicare Ltd. V. Gautam Bali others [CS (COMM) 763 of 2016]
    9. Superintendence Company of India Pvt. Ltd. v. Shri Krishna Murgai (1981-
    2SCC 246)
    10. S.V.F Entertainment Pvt. Ltd. v. Anupriyo Sengupta (A.P. 1160 of 2017)
    11. Niranjan Shankar Golikari v. Century spinning and Mfgd. Company Ltd.
    (A.I.R 1967 S.C. 1098)
    12. Gujarat Bottling Co. Ltd. and others v. Coca Cola and others (1995-5-SCC
    545)
    Statement of Jurisdiction
    The plaintiff approached to the hon’ble court to exercise its jurisdiction
    as per section 15 of the Civil Procedure Code 1908.
    Section 15 of the Civil Procedure code 1908 reads-
    Courts in which suits to be instituted- Every suit shall be instituted in
    the court of the lowest grade competent to try it.
    Section 9- The courts shall (subject to the provisions herein contained)
    have jurisdiction to try all suits of civil nature excepting suits of which
    their cognizance is either expressly or impliedly barred.
    This case is before the High Court of Sennai, as it involves a contractual
    dispute between SVS Entertainment Limited, a Sennai-based entity, and
    Hussain, a musician. The laws of Sennai are in pari materia to the laws
    of Delhi, and thus this court has jurisdiction.
    STATEMENT OF FACTS
    1. Sindhia is renowned for its rich cultural heritage and music, actively
    investing in and promoting the arts.

    2. The Trad-Pop music genre gained popularity in Sindhia and attracted


    international audiences.

    3. Hussain, a talented Trad-Pop artist, signed a contract with SVS


    Entertainment Limited after being scouted by Mr. Sarabhai.

    4. SVS Limited significantly promoted Hussain, boosting his popularity


    to 10 million followers by October 2021.

    5. A severe throat infection left Hussain unable to perform, leading to a


    dispute over the contract's non-performance and an online backlash
    against SVS Limited.

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