6th National Moot Court Competition 2016 6th National Moot Court ...

6th National Moot Court Competition 2016

6th National Moot Court Competition 2016

th thon 5 and 6 march 2016

Geeta Group ofInstitutions

Geeta Institute of Law

GEETA INSTITUTE OF LAW Karhans, G.T.Road, N.H.1

Samalkha, Panipat- 132101 Haryana

Website: www.geetalawcollege.in

Email Id: [email protected]

For Moot Court Enquiry: +91-86078 97800, +91-90687 80001

Gil 6th National Moot Court Competition 2016

WELCOME TO PANIPAT Panipat founded by Pandavas, is a historical city of three famous battles fought between Ibrahim Lodi and

Babar in 1526, second between Akbar and Hom Chander Vikramaditya (a Hindu King of North India),

1556 and third between an Afghan, Ahmadshah Abdali and Marathas. So, a monument, Kala Amb, which

is live spectator of these battles, is worth watching. Hemu Samadhi Sthal at village Santhapur is

additional evidence of its authenticity. Panipat is also recognized as an important Industrial town

throughout the world for its textile, carpets and export business of about Rs. 20 crore per day. Indian

pickles Pachranga also has international recognition. The changing scenario of world opportunity and

development is manifested by the presence of public sector projects as IOCL Refinery, National

Fertilizers Limited and Thermal Power Plant in the city outskirts.

ABOUT US

Geeta Institute of Law is one of the part and parcel of the dream of Late Sh. Khushi Ram, the founder

member of K.R. Education Society around 18 years ago. Today it has emerged with a galaxy of twelve

institutes under a banner of Geeta Group of Institutions. GGI is emerging as a recognized group

constituting of high level institutes with about 5000 students in its roll. It provides quality education to the

young minds and to inculcate in them skills, moral and cultural values. Geeta Institute of Law, is affiliated to Kurukshetra University and approved by Bar Council of India and is

imparting top class legal education since 2006. It offers courses of B.A.LL.B (5 yrs integrated course) and

LL.B. (3 yrs course). It aims to nurture finest legal professionals catering to the requirements of the era of

globalization and chisel out raw teenagers into matured professionals. THE 6th NATIONAL MOOT COURT COMPETITION is being organized by GEETA INSTITUTE OF LAW

under the auspicious support of GEETA GROUP OF INSTITUTIONS which promises to provide an experience par excellence.

GLIMPSES OF 5TH NATIONAL MOOT COURT COMPETITION 2015

1.

COMPETITION RULES AND REGULATIONS

I. GENERAL INFORMATION

> Date and Venue: 6th National Moot Court Competition shall be held on 5th and 6th March 2016 at Geeta Institute of Law.

> Postal Address: Dean, Geeta Institute of Law, Village Karhans, G T Raod , Samalkha Panipat - 132 101 Haryana, India

Email: [email protected], [email protected] Website: www.geetalawcollege.in Contact No.: 9996033743, 9896036400

II. ELIGIBILITY The Competition is open for bonafide students pursuing 5 Year and 3 Years LL.B. Course.

III. LANGUAGE The Competition shall be conducted in English language only.

IV. TEAM COMPOSITION Each team shall consist of three members (two speakers and one researcher). The researcher will be

allowed to argue instead of a speaker with prior permission of the Dean- Geeta Institute of Law.

V. REGISTRATION 1. In order to confirm participation, teams of every Institution should register themselves. The

registration process consists of the following:

Jan 01, 2016 Release of Moot Problem and Rules of the Moot Court Competition

Jan 28, 2016 Last date of Registration

Feb 10, 2016 Last Date for Submission of Memorials (in Soft copy) Email: [email protected]

Feb 16, 2016 Last date of Receiving Demand Drafts

Feb 21, 2016 Last Date for submission of Memorials (Hard copy)

SCHEDULE


2.


> Each Team is required to send a scanned copy of their duly filled-in Registration form (annexed

herewith) to [email protected] by 28th Jan 2016 Subject of the mail should bear

"Registration Form for 6th NATIONAL MOOT COURT

> Forms received after the last date of registration will not be considered. In case of any changes in the team composition, in terms of the members, the same must be officially

conveyed to the Organizers before February 29, 2016.

> Each Team will be allotted a code.

Special Attraction: Rs. 500/- concession for the first five teams.

2. Registration Fee: i. Rs 3500/-for each participating team consisting of 3 members. (With decent accommodation) ii. Rs 1500/- for every additional member accompanying the teams.

VI. DEMAND DRAFT/NEFT The details for Demand Draft/NEFT transactions are given hereunder: The Demand Draft shall be drawn in the favour of "Geeta Institute of Law" payable at Panipat.

Bank Account Detail for NEFT Transaction: Bank: Yes Bank Branch: Samalkha, Haryana Account Number: 017494600000077 IFSC Code: YESB0000174

Registration Form and Original Demand Draft/NEFT details should be send to the address of the institute and

"Registration Form for Geeta Institute of Law 6th National Moot Court Competition -2016" should be super

scribed on the envelope by February 16, 2016. The address is as under:

Dean, Geeta Institute of Law, Village Karhans, G. T. Road , Samalkha, Panipat- 132101 (Haryana)

VII. CRITERIA FOR MEMORIAL EVALUATION:

1. Teams have to prepare Memorials for both the sides.

2. The teams must send a soft copy on or before February 10, 2016.In addition total 6 hard copies (3 copies from each side) of the memorials should reach at the Institute

address up to February 21, 2016.

Note: Memorials submitted after February 21, 2016 may not be considered for evaluation.

3.


3. Format of Memorials

3.1 The memorial shall not exceed 30 typed A4 size pages.

3.2 Colour of the cover page must be Blue in case of Appellant and Red in case of Respondent.

3.3 Body of Memorial shall include:

I The Cover Page of the memorial must state the Cause Title ii Table of Contents iii List of Abbreviations iv Index of Authorities v Statement of Jurisdiction vi Statement of Facts vii Statement of Issues viii Summary of Arguments ix Arguments advanced/detailed arguments. x Prayer xi Compendium, if any

Note: Identity of the Institution should not be revealed anywhere in the memorial as well as in any

Annexure. Violation of this provision will result in penalty including disqualification. The Organizer’s

decision shall be final in this regard.

3.4 The font of the body of the memorial should be Times New Roman, size 12, line spacing 1.5 &

headings should be 14. The font of the footnotes should be Times New Roman, size 10.

3.5 Memorials should be spiral bound.

3.6 Memorials should have one inch margin on all sides of each page.

3.7 Pages should be numbered at the bottom middle.

3.8 The memorial should not contain any photographs/ sketches/exhibits/affidavits etc.

4. All memorials received within time schedule will be evaluated by the Memorial Evaluation

Committee (MEC) to be constituted by the Convener of the Moot Court Competition and Dean, Geeta

Institute of Law.

5. The evaluation will be done on the following parameters: a. Knowledge of Facts and Law 25 b. Extent and Use of research 25 c. Proper and Articulate Analysis 20 d. Clarity and Organization 10 e. Correct Format and Citation 10 f. Grammar and Style: 10

4.


VIII. ROUNDS

1. Draw of lots After the draw of lots, each team will be assigned a side (appellant/respondent). Fixtures of the

teams will be pre-determined based on the team codes.

2. Elimination Round This will be a knock-out round. Each team shall represent only one side as decided during the

draw of lots. The winner of each court-room will be decided on the basis of the scores awarded by

the judges in this round and the marks awarded by MEC.

3. Semi Finals The top two teams selected after this round will proceed to the final.

4. Final Round The final round shall take place between the winners of the semi-final round.

IX. PROCEDURE AND MARKING OF COURT ROUNDS

1. Each team will get a total of 30 minutes to present its case. This includes the time for rebuttal and

sub-rebuttal. 2. The division of time per speaker is left to the discretion of the team. 3. The arguments should be confined to the issues presented in the memorial. 4. The researcher needs to be present with the speakers during all the rounds. 5. The researcher is not allowed to pass chits to the speaker during the rounds. 6. Maximum scores for the court rounds will be 100 marks per speaker. The court rounds will be

judged on the following parameters: a. Knowledge of law : 20 b. Application of law to Facts: 20 c. Ingenuity and Ability to Answers questions: 20 d. Style ,Poise, Courtesy and Demeanour: 20 e. Time Management : 10 f. Organization : 10

X. DRESS CODE Inside the Court Room the participants shall be in Formals.

1. Female(s): White Salwar and Kurta /White Shirt, Black Trouser and Black Tie along with Black

Blazer and Black Shoes.

2. Male(s): White Shirt and Black Trouser along with Black Tie, Black Blazer and Black Shoes.

51.1..


XI. AWARDS AND CERTIFICATES

1. Winning Team Award a. Winners trophy; b. Cash Prize of Rs. 5000/-

2. 1st Runner up Team Award a. 1st Runner's up Trophy b. Cash Prize of Rs. 3000/-

3. Teams qualifying for Semi-finals Each Team member shall be awarded with a trophy as a token of appreciation.

4. Winning Memorial Award. 5. Runner-up Memorial Award 6. Best Male Mooter Award 7. Best Female Mooter Award 8. Best Researcher Award

XII. ACCOMMODATION, FOOD AND TRAVEL

Accommodation shall be provided by the Organizers from the afternoon of 5th March 2016. Teams

wishing to stay back on or after 6th March 2016 shall have to make arrangements for

accommodation and food on their own. Transportation shall be provided by the Organizers to the Participating teams only at the time of

their arrival and departure as per their previously intimated Travel Plan. However, regular bus trips

from the Campus would be scheduled by the Institute during the Moot Court Competition.

XIII. QUERIES AND CLARIFICATIONS In case of any questions related to problems or clarifications regarding the competition, feel free to

contact the following: E-mail: [email protected]

Moot Court Conveners

Mr. Neeraj Thakkar, Asst. Prof., +91 - 86078 97800

Ms. Jyoti Jain, Asst. Prof., +91 - 99996 08509

Student Co-ordinators

Ankit Jain, +91 - 90687 80001 Akanksha Gupta, +91 - 98731 14999

Vilas Sharma, +91 - 98118 21735

6.


MOOT PROBLEM On August 21, 2014 the appellants, David as the first appellant and Ujwal Purohit as the second appellant, approached the Supreme Court and an order was sought inter alia, Suspension of the

punishment of the convicts and remand back the case to the Juvenile Board. Brief history of the case is that David is a 17 years old boy who is an orphan being brought up at Bosconet

Eureka, A government Funded Orphanage in the vicinity of District Guradom, Waldhiem State, in the

Republic of Eureka. Albeit the Bosconet Eureka was controlled and administered by the government of

Eureka but it was maintained by Mr. K. Raju. David was very stoic and introvert kind of child since he was

an orphan and was brought up at an orphanage where he has never been found in the company of

studious orphans.

On March 13, 2014, when only David and Ujwal Purohit, 15 years old son of Mr. K. Raju were there in the

Bosconet Eureka with security guards only, they planned to visit an exhibition organized by some NGO in

nearby village. Since the Warden and other authorities were not physically present at the Bosconet

Eureka and couldn't have been contacted, the security guard refused them to go outside. Ujwal Purohit

being very shrewd and crook, persuaded David to come along and climb the wall of Bosconet Eureka and

accompanies him for the exhibition. Both without coming into the notice of the security guard climbed the

wall and ran away.

In the exhibition Ujwal Purohit had a quibble with a child of his peer named Mohan (son of a well known

businessman) as both of them wanted to buy the same toy gun. When the quibble turned into a quarrel

and eventually into a fight, David accompanied Ujwal Purohit and took an iron rod and aggressively strike

it on the head of Mohan, resulting which boy got fainted

Ujwal Purohit understanding the circumstances fled from that place immediately but David was caught by

the public as he kept standing there. He was thereafter given to the police and police arrested him under

the charge of murder and Mohan was taken to a nearby Civil Hospital. After two days Mohan succumbed

to head injury. Ujwal Purohit was also arrested after three days of the death of Mohan from the same Child

Care Home. Medical evidence was given that Mohan received head injury along with permanent

dislocation of jaw and the head injury was sufficient enough to cause death of a person of that age, i.e.; 18

years in ordinary course of nature.

On 08 June, 2014 the Juvenile Board found David to be well aware of the circumstances and

consequences of his act and therefore commit his case to Sessions Court finding him capax of

committing an offence. Both of them were tried separately U/s 304/326 read with 34 of Indian Penal Code,

1860 (hereinafter referred to as IPC) i.e.; David was tried by Sessions Court, Guradom and Ujwal Purohit

was tried by Juvenile Board, Guradom.

David submitted to the court that the Court has no jurisdiction to try the case, David being Juvenile and his

case should be remanded back to Juvenile Board but his submission was rejected due to insufficiency of

the evidence of age.

Juvenile Board, Guradom on 30 July, 2014 found Ujwal Purohit guilty U/s 304/326 read with 34 of the IPC, 1860 and directed him to be sent to Special Home for a maximum period of one and half years.

7.


Later on that day an appeal seeking suspension of the sentence was preferred in the Court of Session

against the judgement and order passed by Juvenile Board Committee. Session Court dismissed the

appeal on the ground that appeal was not maintainable as the Juvenile Board had already proved the

gravity of the case beyond reasonable doubts based on circumstantial and medical evidence and no

other question of law was raised by the appellant in the said appeal.

A petition under section 482 of the Code of Criminal Procedure, 1973 was filed in the High Court by

David seeking remanding back of the case to the Juvenile board since Juvenile board had erred to

decide the case due to insufficiency of evidence and Sessions Court had been causing the abuse of

process of Law as it has no jurisdiction to try the case, accused being a minor. Another petition was

filed by Ujwal Purohit for Review of the order of the Court of Session Court. High court dismissed both

the petitions; on the ground of convict being capax of committing the offence and that the conduct of

the accused reflects intention to commit the crime in case of David and on the ground that petition

lack merits in the case of Ujwal Purohit.

Both have now filed an appeal in the Hon'ble Supreme Court of Eureka against the orders of the High

Court. Supreme Court has now clubbed both the appeals and has decided to hear the same.

Argue the case from both the sides, i.e.; Appellant and Respondents with a title of David and Anr.

versus State of Waldhiem, David as appellant No.1 and Ujjwal Purohit as Appellant No.2. Issues before the Hon'ble Supreme Court of Eureka are as follows:

1. Whether the case of the appellant no.1 is liable to be remanded back to the Juvenile Board

Committee or not? 2. Whether the punishment of the appellant no.2 be suspended or not?

*teams have however liberty to frame and argue on further issues. ** The Legislations having the force of Law in the territories of Union of India shall be considered the

same as the Laws in force in The Republic of Eureka.

8.

Photograph Photograph Photograph

Team Member #1 Team Member #2 Team Member #3

GEETA INSTITUTE OF LAW, PANIPAT 6th National Moot Court Competition, March 2016

REGISTRATION FORM

INSTRUCTIONS: All participating teams are requested to fill in the details in capital letters and a scanned

copy of the filled form should be mailed to [email protected] to expedite allotment of the team

code. Please read the Rules and Regulations of the competition before submitting this registration form.

1. UNIVERSITY/INSTITUTION DETAIL

Name of University/Institution:________________________________________________________

Address of University/Institution: ______________________________________________________

________________________________________________________________________________

Name of Dean / HOD: _______________________________________________________________

Telephone no.:_________________________________ Fax no.:_____________________________

Email: _____________________________________ Website: ______________________________

2. TEAM MEMBER # 1Designation: Speaker-1 Speaker-2 ResearcherName:_____________________________Student ID no.:__________________________________

Course: B.A.LL.B LL.B Year:_________________________________Mobile No:____________________________ Email:______________________________________





6. PAYMENT DETAILS/BANK TRANSFER:Name of the bank:______________________________________________________________Demand Draft No:______________________________________________________________Amount:______________________________________________________________________Date:________________________________________________________________________Note: Demand draft should be in favour of “Geeta Institute of Law” payable at Panipat.


4. DECLARATION BY THE TEAM MEMBERS We hereby certify that the information given by us is true and complete in all material respect. We also undertake to abide by the Rules and Regulations of the Moot Court competition.

------------------------------------- -------------------------------------- ----------------------Signature of Team Member #1 Signature of Team Member #2 Signature of Team

Date:_______________ Seal and Signature of DEAN/HOD


GEETA INSTITUTE OF LAW, PANIPAT 6th National Moot Court Competition, March 2016

TRAVEL PLAN

Name of the participating Institution:________________________________________

Name of the Team Member:

(a) __________________________________________________________________

(b)__________________________________________________________________

© __________________________________________________________________

Name of any other Additional Member:______________________________________

Contact Details of Team Member:

(a)___________________________________________________________________

(b)__________________________________________________________________

(c)__________________________________________________________________

Arriving on date:

Mode of travel: airways/railways/roadways __________________________________

Train name: ___________________________________________________________

Flight name:___________________________________________________________

Bus/travels name:_______________________________________________________

Reaching at time:_______________________________________________________

Departure on date:

Mode of travel: airways/railways/roadways ___________________________________

Train name: ___________________________________________________________

Flight name:___________________________________________________________

Bus/travels name:_______________________________________________________

Reaching at time:_______________________________________________________

Seal and Signature of Dean/HOD

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