TEAM CODE- N15-26

SYMBIOSIS LAW SCHOOL, NOIDA

15th NASCENT MOOT COMPETITION, 2025

BEFORE
THR HON’BLE DISTRICT COURT OF SAKET

IN THE MATTER OF

VIOLA…………………………………………………………………. PLAINTIFF

VERSUS

IDUNN…………………………………………………………………DEFENDANT

FILED UNDER SECTION 20 OF THE CODE OF CIVIL PROCEDURE, 1908

AS SUBMITTEDD BEFORE THE HON’BLE DISTRICT COURT JUDGE

COMPENDIUM ON BEHALF OF THE DEFENDANT

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15th NASCENT MOOT COURT COMPETITION, 2025

TABLE OF CONTENTS

[Link]. Title Page No.

1. Cover Page 1

2. Table of Contents 2

3. Index of Authorities 3

4. Statutes 4-9

5. Case Laws 10-97

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15th NASCENT MOOT COURT COMPETITION, 2025

INDEX OF AUTHORITIES

LIST OF STATUTES USED:

1. Code of Civil Procedure, 1908

2. Indian Contract Act, 1872
3. Specific Relief Act, 1963
4. Sale of Goods Act, 1930
5. LAAPATA Act, 2026
6. PHAEDO Rules, 2026
7. Akaal Protocol

LIST OF CASE LAWS USED:

1. Om Prakash Srivastav v. Union of India & Anr, 2006 AIR SCW 3823

2. A.B.C. Laminart Pvt. Ltd. v. A.P. Agencies (1989) AIR SC 1239

3. Bhagwandas Goverdhandas Kedia v Girdharilal Parshottamdas & Co (1966) AIR SC 543

4. Union of India v Adani Exports Ltd (2002) 1 SCC 567

5. Patel Roadways Ltd v Prasad Trading Co (1991) 4 SCC 270 (SC)

6. Rajasthan State Road Transport Corporation v Krishna Kant (1995) 5 SCC 75 (SC)

7. ONGC v Utpal Kumar Basu (1994) 4 SCC 711 (SC)

8. Spiliada Maritime Corp v Cansulex Ltd [1987] AC 460 (HL)

9. Harshad Chiman Lal Modi v DLF Universal Ltd (2005) 7 SCC 791 (SC)

10. Adcon Electronics Pvt Ltd v Daulat (2001) 7 SCC 698.

11. Tata Consultancy Services v State of Andhra Pradesh (2005) 1 SCC 308

12. Damacherla Anjaneyulu and Another v Damcherla Venkata Seshaiah and Another (1926) AIR Mad 1168

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15th NASCENT MOOT COURT COMPETITION, 2025

STATUTES

1. CODE OF CIVIL PROCEDURE, 1908

Section 19. Suits for compensation for wrongs to person or movable? Where a suit is for compensation
for wrong done to the person or to movable property, if the wrong was done within the local limits of
the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for
gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option
of the plaintiff in either of the said Courts.
Illustrations
(a) A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi.
(b) A, residing in Delhi, publishes in Calcutta statements defamatory of B. B may sue A either in
Calcutta or in Delhi.

Section 20. Other suits to be instituted where defendants reside or cause of action arises? Subject to the
limitations aforesaid, every suit shall be instituted in Court within the local limits of whose jurisdiction?
(a) the defendant, or each of the defendants where there are more than one, at the time of the
commencement of the suit, actually and voluntarily resides, or carries on business, or personally works
for gain; or
(b) any of the defendants, where there are more than one, at the time of the commencement of the suit
actually and voluntarily resides, or carries on business, or personally works for gain, provided that in
such case either the leave of the Court is given, or the defendants who do not reside, or carry on business,
or personally work for gain, as aforesaid, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
[9] [* * * *]
[10] [Explanation].?A corporation shall be deemed to carry on business at its sole or principal office in
India or, in respect of any cause of action arising at any place where it has also a subordinate office, at
such place.
Illustrations
(a) A is a tradesman in Calcutta, B carries on business in Delhi. B, by his agent in Calcutta, buys goods
of A and requests A to deliver them to the East Indian Railway Company. A delivers the goods
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accordingly in Calcutta. A may sue B for the price of the goods either in Calcutta, where the cause
of action has arisen or in Delhi, where B carries on business.
(b) A resides at Simla, B at Calcutta and C at Delhi A, B and C being together at Benaras, B and C make
a joint promissory note payable on demand, and deliver it to A. A may sue B and C at Benaras, where
the cause of action arose. He may also sue them at Calcutta, where B resides, or at Delhi, where C
resides; but in each of these cases, if the non-resident defendant object, the suit cannot proceed without
the leave of the Court.

2. INDIAN CONTRACT ACT, 1872

Section 73. Compensation for loss or damage caused by breach of contract. Compensation for failure to
discharge obligation resembling those created by contract

3. SPECIFIC RELIEF ACT, 1963

Section 9. Defences respecting suits for relief based on contract. —Except as otherwise provided
herein where any relief is claimed under this Chapter in respect of a contract, the person against whom
the relief is claimed may plead by way of defence any ground which is available to him under any law
relating to contracts.

Section 10. Specific performance in respect of contracts. —The specific performance of a contract
shall be enforced by the court subject to the provisions contained in sub-section (2) of section 11, section
14 and section 16.

Section 11. Cases in which specific performance of contracts connected with trusts enforceable. — (1)
Except as otherwise provided in this Act, specific performance of a 1 [contract shall], be enforced when
the act agreed to be done is in the performance wholly or partly of a trust. (2) A contract made by a
trustee in excess of his powers or in breach of trust cannot be specifically enforced.

Section 14. Contracts not specifically enforceable. —The following contracts cannot be specifically
enforced, namely: —
(a) where a party to the contract has obtained substituted performance of contract in accordance with
the provisions of section 20;
(b) a contract, the performance of which involves the performance of a continuous duty which the court
cannot supervise;

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(c) a contract which is so dependent on the personal qualifications of the parties that the court cannot
enforce specific performance of its material terms; and (d) a contract which is in its nature determinable.
14A. Power of court to engage experts. —(1) Without prejudice to the generality of the provisions
contained in the Code of Civil Procedure, 1908 (5 of 1908), in any suit under this Act, where the court
considers it necessary to get expert opinion to assist it on any specific issue involved in the suit, it may
engage one or more experts and direct to report to it on such issue and may secure attendance of the
expert for providing evidence, including production of documents on the issue.
(2) The court may require or direct any person to give relevant information to the expert or to produce,
or to provide access to, any relevant documents, goods or other property for his inspection.
(3) The opinion or report given by the expert shall form part of the record of the suit; and the court, or
with the permission of the court any of the parties to the suit, may examine the expert personally in
open court on any of the matters referred to him or mentioned in his opinion or report, or as to his
opinion or report, or as to the manner in which he has made the inspection.
(4) The expert shall be entitled to such fee, cost or expense as the court may fix, which shall be payable
by the parties in such proportion, and at such time, as the court may direct.]

Section 16. Personal bars to relief. —Specific performance of a contract cannot be enforced in favour
of a person—
(a) who has obtained substituted performance of contract under section 20; or
(b) who has become incapable of performing, or violates any essential term of, the contract that on
his part remains to be performed, or acts in fraud of the contract, or wilfully acts at variance with, or in
subversion of, the relation intended to be established by the contract; or
(c) [who fails to prove] that he has performed or has always been ready and willing to perform the
essential terms of the contract which are to be performed by him, other than terms the performance of
which has been prevented or waived by the defendant.
Explanation. —For the purposes of clause (c), —
(i) where a contract involves the payment of money, it is not essential for the plaintiff to actually
tender to the defendant or to deposit in court any money except when so directed by the court;
(ii) the plaintiff [must prove] performance of, or readiness and willingness to perform, the
contract according to its true construction.

Section 20. Substituted performance of contract.—(1) Without prejudice to the generality of the
provisions contained in the Indian Contract Act, 1872 (9 of 1872), and, except as otherwise agreed upon
by the parties, where the contract
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is broken due to non-performance of promise by any party, the party who suffers by such breach shall
have the option of substituted performance through a third party or by his own agency, and, recover the
expenses and other costs actually incurred, spent or suffered by him, from the party committing such
breach.
(2) No substituted performance of contract under sub-section (1) shall be undertaken unless the party
who suffers such breach has given a notice in writing, of not less than thirty days, to the party in breach
calling upon him to perform the contract within such time as specified in the notice, and on his refusal
or failure to do so, he may get the same performed by a third party or by his own agency:
Provided that the party who suffers such breach shall not be entitled to recover the expenses and costs
under sub-section (1) unless he has got the contract performed through a third party or by his own
agency.
(3) Where the party suffering breach of contract has got the contract performed through a third party or
by his own agency after giving notice under sub-section (1), he shall not be entitled to claim relief of
specific performance against the party in breach.
(4) Nothing in this section shall prevent the party who has suffered breach of contract from claiming
compensation from the party in breach.
20A. Special provisions for contract relating to infrastructure project. — (1) No injunction shall
be granted by a court in a suit under this Act involving a contract relating to an infrastructure project
specified in the Schedule, where granting injunction would cause impediment or delay in the progress
or completion of such infrastructure project.
Explanation. —For the purposes of this section, section 20B and clause (ha) of section 41, the
expression “infrastructure project” means the category of projects and infrastructure Sub-Sectors
specified in the Schedule.
(2) The Central Government may, depending upon the requirement for development of infrastructure
projects, and if it considers necessary or expedient to do so, by notification in the Official Gazette,
amend the Schedule relating to any Category of projects or Infrastructure Sub-Sectors.
(3) Every notification issued under this Act by the Central Government shall be laid, as soon as may
be after it is issued, before each House of Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the notification or both Houses agree that the notification
should not be made, the notification shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that notification.
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20B. Special Courts. —The State Government, in consultation with the Chief Justice of the High
Court, shall designate, by notification published in the Official Gazette, one or more Civil Courts as
Special Courts, within the local limits of the area to exercise jurisdiction and to try a suit under this Act
in respect of contracts relating to infrastructure projects.
20C. Expeditious disposal of suits.—Notwithstanding anything contained in the Code of Civil
Procedure, 1908 (5 of 1908), a suit filed under the provisions of this Act shall be disposed of by the
court within a period of twelve months from the date of service of summons to the defendant: Provided
that the said period may be extended for a further period not exceeding six months in aggregate after
recording reasons in writing for such extension by the court.

4. SALE OF GOODS ACT, 1930

Section 2. Definitions. —In this Act, unless there is anything repugnant in the subject or context, —
(1) “buyer” means a person who buys or agrees to buy goods;
(2) “delivery” means voluntary transfer of possession from one person to another;
(3) goods are said to be in a “deliverable state” when they are in such state that the buyer would under
the contract be bound to take delivery of them;
(4) “document of title to goods” includes a bill of lading, dock warrant, warehouse keeper’s certificate,
wharfingers’ certificate, railway receipt, [multimodal transport document,] warrant or order for the
delivery of goods and any other document used in the ordinary course of business as proof of the
possession or control of goods, or authorizing or purporting to authorize, either by endorsement or by
delivery, the possessor of the document to transfer or receive goods thereby represented;
(5) “fault” means wrongful act or default;
(6) “future goods” means goods to be manufactured or produced or acquired by the seller after the
making of the contract of sale;
(7) “goods” means every kind of moveable property other than actionable claims and money; and
includes stock and shares, growing crops, grass, and things attached to or forming part of the land which
are agreed to be severed before sale or under the contract of sale;
(8) a person is said to be “insolvent” who has ceased to pay his debts in the ordinary course of business,
or cannot pay his debts as they become due, whether he has committed an act of insolvency or not;
(9) “mercantile agent” means a mercantile agent having in the customary course of business as such
agent authority either to sell goods, or to consign goods for the purposes of sale, or to buy goods, or to
raise money on the security of goods;
(10) “price” means the money consideration for a sale of goods;
(11) “property” means the general property in goods, and not merely a special property;
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(12) “quality of goods” includes their state or condition;

(13) “seller” means a person who sells or agrees to sell goods;
(14) “specific goods” means goods identified and agreed upon at the time a contract of sale is made;
and
(15) expressions used but not defined in this Act and defined in the Indian Contract Act, 1872 (9 of
1872), have the meaning assigned to them in that Act.

Section 57. Damages for non-delivery. —Where the seller wrongfully neglects or refuses to deliver the
goods to the buyer, the buyer may sue the seller for damages for non-delivery.

5. LAAPATA ACT

The following provisions of the Lifetime (And Akaal Protocol Actualisation Technologies) Acquisition
Act, 2026, are used:
4. ***
(1) No person shall, except as permitted under this Act, commit any act or omission involving, relating
to or implementing the Akaal Protocol.
(2) Any person who acts in violation of sub-section (1) above shall be punished with death or
imprisonment for life, and shall also be liable for fine.

12. Facilitation of transactions involving lifetime:

(1) Transactions involving lifetime shall be permissible only on the online platform established and
organised by the Organisation as defined in section 6 hereinabove.
(2) No person shall enter into a transaction involving purchase or sale of lifetime, except on the online
platform referred to in sub-section (1) above.
Provided that where a transaction involving purchase or sale of lifetime is executed otherwise than on
the online platform, the same shall be permissible subject to such terms and conditions and be subject
to payment of such fine as the Central Government may specify.

6. AKAAL PROTOCOL

The Akaal Protocol described a technique by which one person can transfer to another their lifetime. For
the stray time-traveller from an earlier timeline, “lifetime”, a word that has not only gained currency, but
also describes a very real currency in the present, is the term that people in the present use for the fixed
amount of time that a person lives. Whether by design or owing to inherent restrictions in the nature of the
Protocol defied, the transfer of lifetime worked only if there was explicit and enthusiastic consent from
both parties.
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15th NASCENT MOOT COURT COMPETITION, 2025

CASE LAWS

1. Om Prakash Srivastav v. Union of India & Anr

2. A.B.C. Laminart Pvt. Ltd. v. A.P. Agencies

3. Bhagwandas Goverdhandas Kedia v Girdharilal Parshottamdas & Co

4. Union of India v Adani Exports Ltd

5. Patel Roadways Ltd v Prasad Trading Co

6. Rajasthan State Road Transport Corporation v Krishna Kant

7. ONGC v Utpal Kumar Basu

8. Spiliada Maritime Corp v Cansulex Ltd

9. Harshad Chiman Lal Modi v DLF Universal Ltd

10. Adcon Electronics Pvt Ltd v Daulat

11. Tata Consultancy Services v State of Andhra Pradesh

12. Damacherla Anjaneyulu and Another v Damcherla Venkata Seshaiah and Another

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