Special Leave Petition Grounds

Summary

A Special Leave Petition (SLP) under Article 136 of the Constitution of Indiana can be accepted if it involves substantial questions of law or demonstrates manifest injustice. Grounds for rejection include lack of substantial legal issues or absence of significant miscarriage of justice. Legal precedents such as Shreya Singhal v. Union of India and Maneka Gandhi v. Union of India can be referenced for acceptance, while State of Haryana v. Bhajan Lal and M.C. Mehta v. Kamal Nath illustrate grounds for rejection.

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MOOT PROPOSITION *. Khushi Mehra is a *-year-old medical student at the Government Medical College of Tabalipuram, a city in the State of Manas Pradesh, Indiana. Tabalipuram is considered as the cultural and religious capital of the State and the people of the city deeply value old customs and traditions. While interning in the hospital, Khushi met a patient named Rajeev, who was 28 years old, and they developed a strong bond between each other. While getting discharged from the hospital, Rajeev gifted Khushi a bouquet with a note reading, "A compassionate doctor like you will undoubtedly make a wonderful wife". URT CO *. Their connection blossomed into a romantic relationship in *, built on mutual respect and love for each other. After being in a good relationship for some time, they decided to explore the possibility of living together, for which they finalized an apartment in Tabalipuram, portraying themselves as husband and wife. *. Immediately after renting the apartment, they entered into a notarized agreement dated 06th December *, to define the rights and liabilities of the parties in the live-in relationship, which clearly stated that- geth A. During the period of their stay, if sexual intimacy develops between the two, then the parties shall be barred from initiating any criminal action. B. All the expenses between the two shall be shared equally. C. In any case, if Khushi becomes pregnant, it shall be Khushi's sole responsibility to raise the child. D. The decision to marry shall be based on the mutual consent of both parties, depending upon their experience in a live-in relationship. *. On 25th December *, both were invited to Rajeev's house in Topal, a city * kilometers away from Tabalipuram, for a housewarming ceremony for which Rajeev's mother especially invited Khushi's parents. At the Lunch table, there was a heated argument between their mothers on the issue of the compatibility of Rajeev and Khushi owing to their different tastes, choices and lifestyles. In front of Rajeev and Khushi, Rajeev's mother categorically stated, "I will never allow my son to * marry such a girl...!" Everyone in the room went completely silent after this. *:* 4G *. A few hours later, Khushi and Rajeev left Topal and went to their rented apartment in Tabalipuram. When Khushi and Rajeev were alone in their house, they argued about their mother's insensitive attitude. Khushi dismissively stated, "I don't think you'll ever be able to stand up for me". Rajeev held Khushi's hand and said, "Don't worry, I'll take care of you for the rest of your life". Hearing this, Khushi melted into the arms of Rajeev, and they forgot all the arguments and further engaged in sexual intercourse. Rajeev captured the intimate relationship on his mobile phone with Khushi's consent. *. About a month later. Khushi realized that she was pregnant. She communicated this information to Rajeev. Listening to this, Rajeev was shocked, and he immediately advised Khushi to abort the child. Khushi disagreed with the advice, and she insisted that both of them marry as soon as possible. To which Rajeev replied, "I will go back to Topal to convince my parents of this marriage, and then I'll return with their reply in a day." *. Rajeev never returned and sent Khushi a WhatsApp message stating. "From the beginning, things were pretty clear, and there was no plan of marriage, but still, I had a word with my parents regarding this matter. They completely refused this idea. I belong to a conservative family where my parents make all the decisions, and I cannot disobey them." Soon after, he blocked Khushi from all the social media. platforms. MANGALAYATAN UNIVERSITY JABALPUR *. Khushi felt helpless and paranoid due to the message and the act of getting blocked by Rajeev. She dropped an SMS to Rajeev that she is going to lodge an FIR against Rajeev for the offence of rape on the false pretext of marriage. In response, Rajeev threatened to leak their intimate videos recorded on the night of 25th December * if she took any legal action against him. *. Khushi offered Rajeev a compromise stating that if he agreed to pay Fifty Lakh Rupees to her as compensation for Rajeev's breach of promise to marry, she would drop her plans to file a complaint and settle their matter out of court. Rajeev accepted Khushi's offer, gave her Fifty Lakh Rupees, deleted the video, and asked her not to take any legal action. * *. After accepting Fifty Lakh Rupees from Rajeev as part of their settlement, both remained normal for a few days. But Khushi was emotionally depressed about the fact that her child would never get the name and love of a father. Overcome with. these emotions, she lodged an FIR in Tabalipuram against Rajeev for rape on the pretext of marriage under the Indiana Penal Code, *. Rajeev was informed by Tabalipuram police station about lodging an FIR and that he had to be present at the Police Station the next day. *. Rajeev felt a deep sense of betrayal, and to take revenge on Khushi, Rajeev uploaded a video on "YouLook", an online platform to share videos, narrating the incident and the "extortion" technique used by Khushi to the general public stating that "I have been hurt and betrayed by someone I trusted, and I am not alone. I have seen a trend where women manipulate and exploit guys like me emotionally and financially". Soon after the video was posted, it went viral all over the internet. *. Khushi requested that the "YouLook" platform take down the video, but the platform rejected the request because it did not violate its community guidelines. Aggrieved, * Redressal Officer appointed under the Khushi approached the YouLook G Intermediary Guidelines of *. The officer ordered the video to be removed from the platform immediately. *:* 4G *. Khushi requested that the "YouLook" platform take down the video, but the platform rejected the request because it did not violate its community guidelines. Aggrieved, Khushi approached the YouLook Grievance Redressal Officer appointed under the Intermediary Guidelines of *. The officer ordered the video to be removed from the platform immediately. gethe *. On 3rd February *, Rajeev approached the High Court of Manas Pradesh under Article * of the Constitution of Indiana to quash the FIR and challenge the legality of the order passed by the Grievance Redressal Officer. MANGALAYATAN UNIVERSITY *. During the proceedings, Rajeev presented texts and emails where Khushi expressed her understanding of Rajeev's familial pressures. He also introduced testimony from mutual friends who confirmed that he had discussed his family's concerns with Khushi early in the relationship. *. Khushi argued that Rajeev knew from the outset that he would never marry her due to caste and family issues but concealed this fact to continue their relationship. They presented a series of text messages where Rajeev continued to reassure Khushi of marriage even when he was allegedly aware that his family would disapprove. Furthermore, Khushi argued that Rajeev's repeated promises to "sort things out" amounted to deliberate misrepresentation. * *. The High Court of Manas Pradesh delivered a verdict dated 11th March * against Rajeev, citing that his Right to Free Speech is subject to reasonable restrictions under Article *(*) of the Constitution of Indiana, and subsequently, the platform was justified in taking down the video. Secondly, the court stated that it was too early to quash the petitioner's FIR and let the trial court decide the matter after appraising all the evidence. The court clarified that the judgement should not interfere with the case's merits, *. Aggrieved by the verdict of the High Court, Rajeev approached the Hon'ble Supreme Court of Indiana and filed a Special Leave Petition under Article * of the Constitution of Indiana. After issuing a notice to all the parties, the Hon'ble Supreme Court listed the matter for Final hearing. matter for F MM Following Issues are raised before the Hon'ble Supreme Court of Indiana: - *. Whether the Special leave petition is maintainable under Article * of the Constitution of Indiana?
To address whether the Special Leave Petition (SLP) under Article * of the Constitution of Indiana is maintainable:
- Article * grants the Supreme Court discretionary power to hear appeals against any judgment or order passed by any court in India.
- The Supreme Court may intervene in cases involving substantial questions of law or gross injustice.
Would you like detailed information on Article * or help with another aspect of the case?
Whether court will accept this special leave petition if yes on which ground s and if don't on which ground
For the Supreme Court to accept the Special Leave Petition (SLP) under Article * of the Constitution of Indiana:
- Grounds for acceptance:
- Involvement of substantial questions of law.
- Manifest injustice or gross errors in the High Court's judgment.

- Grounds for rejection:
- Lack of substantial legal issues.
- The case does not demonstrate significant miscarriage of justice.
Would you like to know more about the possible outcomes of the SLP?
Yes
Possible Outcomes of the Special Leave Petition (SLP):
- Acceptance:
- Demonstrates substantial questions of law.
- Shows manifest injustice or gross errors in the High Court's judgment.
- Rejection:
- Lacks substantial legal issues.
- Does not showcase significant miscarriage of justice.
Would you like more details on the potential legal arguments for each side?
Yes
To provide more details on the potential legal arguments for each side:
For Acceptance:
- Substantial Questions of Law: Argue that the interpretation of Article *(*) concerning free speech and its reasonable restrictions involves a significant legal question.
- Manifest Injustice: Highlight any potential bias or procedural errors in the High Court's judgment.
For Rejection:
- Lack of Substantial Legal Issues: Argue that the case does not involve new or significant legal questions.
- No Significant Miscarriage of Justice: Emphasize that the High Court's judgment was fair and based on established legal principles.
Would you like to know specific legal precedents or examples related to this?
Yes
For specific legal precedents or examples related to this:
- For Acceptance:
- Substantial Questions of Law: Refer to *Shreya ****al v. Union of India* for interpretation of Article *(*) on free speech.
- Manifest Injustice: Cite *Arunachala Gounder v. Ponnusamy* for procedural errors leading to injustice.

- For Rejection:
- Lack of Substantial Legal Issues: Reference *State of Haryana v. Bhajan Lal*, where SLP was dismissed due to no new legal questions.
- No Significant Miscarriage of Justice: Use *Narayan Dutt Tiwari v. Rohit Shekhar* to illustrate the High Court's fair judgment.
Would you need more detailed examples or any other aspect explained?
More examples
To help with additional legal precedents:
- For Acceptance:
- Substantial Questions of Law: *Maneka Gandhi v. Union of India* for procedural fairness under Article *.
- Manifest Injustice: *Kartar **** v. State of Punjab* where procedural lapses led to injustice.
- For Rejection:
- Lack of Substantial Legal Issues: *S.P. Gupta v. Union of India*, SLP dismissed due to no novel legal question.
- No Significant Miscarriage of Justice: *M.C. Mehta v. Kamal Nath*, where the High Court's decision was upheld as fair.
Would you like more specific details on any of these cases?
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