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Review this post.. I Need your Judgement!!

Pestuchor is otherwise a self-respecting man, and very helping towards all members in his locality.
He has a family of 5 including him, his two unmarried but adult sisters, and his ailing parents.

He has a social duty upon him to marry off his two sisters and take medicinal care of his parents, but as he could not complete his average education, he got a compensative job through internal sources in the local municipality.

The Job was to spray pesticides in 12 blocks every week.
The first four months he did his hob very honestly, but his friends advised him to sell pesticides privately, and dilute the content 4:1 before spraying.

He started this mal-practice it went fine, but after two months a complaint was registered against the municipality by Swapan Babu.
Swapan Babu claims damage and expenses incurred after his son Bichhoo falls ill of Malignant Malaria, and as the mosquitoes became a huge nuisance in the area, thus involving a large number of people who has supported the cause of Mr. Swapan Babu.

Question:
1. Can Swapan Babu claim hospital expenses for the disease which is normal in South Asian countries?

2. Is the Municipal authorities responsible for such negligence?

3. Is it possible for the Municipality to excuse Mr. Pestuchor (considering he's guilty)?

4. Is Mr. Pestuchor only liable to the costs of the Pesticide bottles misappropriated?

5. Who is going to be ultimately liable for the hospital expenses of Bichhoo?

6. Does this case require criminal proceedings or civil?

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Comment by Donnie Ashok on October 17, 2010 at 9:30pm
@Kavalya I agree with you that we shouldn't discuss anything out of REASONABLE syllabus..
@All
But still I want to know what could be the possible defenses for the Municipality??
Comment by kaivalya kandarpa on October 16, 2010 at 11:01pm
see,the municipality has many doors to slip away from this responsibilty and i dnt think its mine or your job as students to decide what goes beyond the principle given/taught!According to law,the municipality has to pay for the expenses(for hiring a nut case like pestutor)-it is vicariously liable since pestutor is the servant and the mncplty is the master-here the serv. did the authorized act in a wrong manner and hence THE MUNICIPALITY WILL BE LIABLE TO PAY THE EXPENSES
Comment by Donnie Ashok on October 16, 2010 at 10:31pm
defense for ans5: Do you really think Municipality will provide for Bichhoo's hospital expense?? is it possible??
Comment by kaivalya kandarpa on October 15, 2010 at 4:57pm
ans.6 finally, its both criminal and civil as criminal
civil- as the municipality can initiate departmental proceedings and criminal because the department can sue him under criminal negligence .
ans3:it depends upon the municipality as if they want to initiate any proceedings against him or not but usually they do take such ppl to task..
ans4:It is again discretionary on the part of the municipality as to how they want to award him the punishment.
ans5:the municipality is obviously liable-vicariously liable.since this man has committed the crime during the course of employment,the municipality will be on the noose.
Comment by Donnie Ashok on October 15, 2010 at 4:26pm
Thanks @Apoorva, @Ris @Kavalya to take my question in a deep note. :)

Moreover.. @Apoorva
Defences for Q3: Here guilty mind can be easily proved by the intention of Pestuchor to dilute. Though I'm not assuming anything I wrote "(considering he's guilty)". Guilty mind or malice can easily be proved by misappropriation.. (Govt. property in this case)..

He can also be excused if it's proved by a good lawyer that Pestuchor didn't know about the consequences.

@ris
Thanks you have nicely tried Q6, but i don't know why i am not satisfied..

Reason: Investigators will definitely find out Mr. Pestuchor and his faults.. and the civil case will eventually turn out to be a criminal case.. (Amazing!! that a civil case turns out to be a criminal case :P)

And nobody tried to answer my Questions numbered: 1, 5, 4, 3 in depth.. :(
Pls friends try the Simple Q 1, 3, 4, 5..
Comment by kaivalya kandarpa on October 15, 2010 at 6:22am
@mayank, yes a case can be both civil as well as criminal...Bhopal Gas Tragedy is the biggest example.
Comment by Mayank on October 14, 2010 at 10:44pm
Donnie Ashok you said that "This case might require criminal proceedings as there is criminal misappropriation (Pestuchor diluting and selling Pesticides in Private) and the criminal misappropriation is with malice and guilty mind (mens rea). "
Crime iquire a guilty mind or criminal intention. If court ask you where is guilty mind than what you say???
To dilute with 4;1 or whatever i dnt think its Guilty mind...his intention was not to kill anyone...so Its civil one na... Ya pls tell a case be both Civil As Well As Criminal i have confusion??? after this question...
Comment by riS.aXe.Han on October 14, 2010 at 10:11pm
@ apoorva
poverty is not a defense for crimes
Comment by riS.aXe.Han on October 14, 2010 at 10:10pm
@ donnie,kaivalya,apoorva,mayank,everybody...;-)
first of all i'll agree with apoorva that the que. is literally awesome,now onto it
plz read the question carefully,the case was initiated against municipality, & not pestuchor & there was no criminal intention of municipality.they failed to perform their duties to optimum level & hence should be held liable in a civil court(civil matters r handled in diff. courts & criminal in others)
let me be clear this is a civil case of private nuisance filed against municipality,
now to my previous sidenote to which kaivalya had an objection
if the malaria becomes an epidemic,it will affect a huge population.in order to avoid multiplicity of lawsuits,the court will convert the case from private nuisance to public nuisance{since it no longer affects a single individual,but rather the whole society}which by the way is a crime under sec.268 of IPC....
looking forward to counterpoints....
Comment by kaivalya kandarpa on October 14, 2010 at 4:46pm
if he was poor,he could have done another job in order to earn that extra buck,but doing such malpractices in the name poverty does not prove his innocence or waive off his "wrong intention".

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