Mewar Law Institute - Lawctopus...Mewar Law Institute Mewar Law Institute Sector 4C Vasundhara,...

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Mewar Law Institute Mewar Law Institute Sector 4C Vasundhara, Ghaziabad (Affiliated to CCS University, Meerut) Phone No. 0120-2698218-20 Advisory Board In Partnership With

Transcript of Mewar Law Institute - Lawctopus...Mewar Law Institute Mewar Law Institute Sector 4C Vasundhara,...

  • Mewar Law Institute Mewar Law Institute Sector 4C Vasundhara, Ghaziabad

    (Affiliated to CCS University, Meerut) Phone No. 0120-2698218-20

    Advisory Board

    In Partnership With

  • Mewar Law Institute Mewar Law Institute Sector 4C Vasundhara, Ghaziabad

    (Affiliated to CCS University, Meerut) Phone No. 0120-2698218-20

    Invitation Letter

    The Vice Chancellor/Dean/Principal

    Of Respective University And College

    Subject:- National Moot Court Competition-2019

    Dear Sir/Madam,

    We have immense pleasure to invite you for the National Moot Court Competition- 2019 to be held on 20thApril & 21stApril, 2019 in our college premises. Kindly send a team of three or four participants (including 2 Speakers and 1 Researcher or 2 Speakers & 2 Researchers) of your esteemed Institute. We would be delighted to have your institution participate in the said competition.

    Lodging & Boarding arrangement shall be made as per charges mentioned in brochure. You are supposed to confirm your entry along with your need for accommodation before 17th April 2019. However, the participating college is expected to bear the travelling and other incidental expenses of their representatives.

    The Moot Court problem, and its official Schedule, & the rules & regulations governing the competition are enclosed here with. Kindly confirm your law school’s participation and let us know the team’s travel plans at the earliest after registering before the due date.

    We, once again request your good self to give due consideration and personal attention to this academic program and extend your co-operation to make the competition a grand success!

    Thanking you,

    Yours faithfully,

    (Karun Kumar Kaushik) Vice Principal

    Mewar Law Institute

    8588911282 [email protected]

    Note:- Your participation can be confirmed through E-mail.

    mailto:[email protected]

  • Mewar Law Institute Mewar Law Institute Sector 4C Vasundhara, Ghaziabad

    (Affiliated to CCS University, Meerut) Phone No. 0120-2698218-20

    From The Desk Of Principal Our approach to National Moot Court Programme is to select topics of current social relevance. The idea behind this is to create an atmosphere to show that difficult, controversial, emotional, social problems and legal problems can be discussed reasonably rationally and dispassionately in a Court room and even outside. As Court is a dialogue-engaging institution where two parties through their lawyers can argue the legal and social problems calmly, rationally and without passion. We emphasize upon 3 things- Philosophy of Law, Legal Techniques and Legal Reasoning and awareness of the Socio-economic problems of the country and the world. To this end, we have developed a program of regular problem oriented lectures by our academic staff and by other experts, regular weekly group discussion on socially relevant subjects, seminars workshops and Moot courts for our students. As a part of this program, we decided to host and organize the National Moot Court competition. Moot court is an integral part of the legal education through which the students learn the art of law. From the very beginning so that the students learn to understand the problem, to find out the relevant law, to draft the pleadings, to argue before the court persuasively and to assist the court in doing justice. We need lawyers “Not only with great minds but with great hearts. Our humble effort is to teach our students how to use law as an instrument of social engineering in order to protect and promote the basic values, ideals and principles of our Constitution. With this in mind we are organizing the First National Moot Court on 20th– 21stof April, 2019. We cordially invite you to participate in Mewar National Moot Court Competition.

    Thanking you,

    Yours faithfully,

    (Karun Kumar Kaushik) Vice Principal

    Mewar Law Institute

    8588911282 [email protected]

    mailto:[email protected]

  • Mewar Law Institute Mewar Law Institute Sector 4C Vasundhara, Ghaziabad

    (Affiliated to CCS University, Meerut) Phone No. 0120-2698218-20

    1. STRUCTURE OF THECOMPETITION:

    The Competition will be structured as per the following format:

    a. Preliminary Rounds

    b. Final Round

    2. LANGUAGE

    The language of the Competition shall be English.

    3. ELIGIBLITY

    Students pursuing 3 years/ 5 years undergraduate LL.B. degree

    course are eligible to participate in this competition.

    4. TEAMCOMPOSITION

    The team composition, for the competition, shall comprise of

    either three members (being designated as two Speakers and

    one Researcher) OR four members (two of them shall be

    designated as Speakers and two Researcher).

    TheResearchermaybepermittedtoargueasSpeakerincaseofillne

    ssoranyunforeseenevent,but the permission of the Moot

    Court Convener in such case shall be mandatory.

    5. DRESSCODE

    The participants shall adhere to following dress code when present in

    any court room during the Competition. The participating teams shall

    also adhere to the mentioned dress code while attending the

    inaugural and valedictory ceremonies of the Competition.

    a. Girls: White salwar and white kurta or white shirt and black trousers along with black coat and black shoes.

    b. Boys: White shirt, black trousers and black tie along with black coat and black shoes.

    6. PARTICIPATION AND REGISTRATIONPROCEDURE

    Teams interested in taking part must register by April 14th,

    2019 by sending an email to [email protected]

    with the subject “Registration for Mewar National Moot

    mailto:[email protected]:[email protected]

  • Mewar Law Institute Mewar Law Institute Sector 4C Vasundhara, Ghaziabad

    (Affiliated to CCS University, Meerut) Phone No. 0120-2698218-20

    Court Competition”. On receiving the registrations, the

    same will be notified immediately to the respective teams

    through electronic mail. Selected teams must confirm their

    participation by 16th April, 2019 by sending an email to

    [email protected]. Team shall be allotted a Team

    Code upon confirmation of participation.

    Payment of INR 3000/- can be send via Paytm on

    9149199169,or By DD in favour of Mewar Law Institute. The

    payment for registering should be made maximum by 15th

    April, 2019.

    Receipt for the same shall be communicated along with

    scanned copy of Registration forms on

    [email protected] or on whatsUp no:-9149199169.

    7. MEMORIALS

    All memorials submitted for all purposes of the Competition

    shall strictly adhere to the rules of the Competition. Each

    Team participating in the Competition must prepare one

    Memorial on behalf of Petitioner(s)/Appellant(s) and one on

    behalf of the Respondent(s)/Defendant(s). Further each

    team has to submit 6 hard copies of the Memorials from

    each side to the organizers. Non-compliance will entail a

    penalty of 1 point per copy not submitted. Soft copies of

    the memorial must reach the organizers latest by 17thApril,

    2019, failing which, the same shall not be considered and

    would lead to disqualification.

    Petitioner Memorials are required to have a Blue Cover and

    Respondent Memorials are required to have a Red Cover.

    The memorials shall not contain any form of identification

    apart from the team code. If any such identification or mark,

    symbol, etc. which has the effect of identifying the team is

    found on the memorial, then it shall result in instant

    disqualification. A penalty of 1 mark shall be levied in case

    the memorial is submitted in any other format or as a

    multiple file by the team. The hard copy of memorial must

    be exact replica of the soft copy submitted with the

    mailto:[email protected]:[email protected]:[email protected]

  • Mewar Law Institute Mewar Law Institute Sector 4C Vasundhara, Ghaziabad

    (Affiliated to CCS University, Meerut) Phone No. 0120-2698218-20

    Organizers. Any difference in the same will result in

    disqualification from the Competition.

    Each Team must send a soft copy of their memorials, in .pdf

    format only, for evaluation by April 17th, 2019 before 11:59

    P.M. to [email protected] in with the subject “Memorials for MLI National Moot Court Competition,

    2019”. Memorials submitted beyond the deadline shall

    incur a liability of 3 points for the first day of delay, and 5

    points each day fore very subsequent day. No extensions

    will be granted with respect to this deadline. Memorials

    shall be sent as an attachment with the mail in the form of

    single file for each of memorials.

    8. GUIDELINES FORFORMATTING:

    1. Memorial Structure: The memorial must have following

    pages only:

    i. Cover Page – The cover page shall contain the case

    title, side of the memorial, year of competition, name of

    the Court and team Code on top right corner.

    ii. Table of Content

    iii. List of Abbreviations

    iv. Index of Authorities

    v. Statement of Jurisdiction

    vi. Statement off acts

    vii. Issues Raised

    viii. Summary of Arguments

    ix. Pleadings /Arguments Advanced

    x. Prayer

    2. Team Code: The team code must be ascribed on the top

    right corner of the cover page.

    Note:-Team shall be allotted a Team Code by

    15thApril, 2019.

    mailto:[email protected]%20in

  • Mewar Law Institute Mewar Law Institute Sector 4C Vasundhara, Ghaziabad

    (Affiliated to CCS University, Meerut) Phone No. 0120-2698218-20

    3. Content Specifications: The following content

    specifications must be strictly adhered to:

    i. Font and Size (General) - Times New Roman, 12pts

    ii. Line Spacing (General) - 1.5lines

    iii. Font and Size (Footnotes) - Times New Roman, 10 pts

    iv. Line Spacing (Footnotes) - Single line

    v. Page Margins - 1 inch on all sides

    vi. The Hard Copies of the Memorial shall be printed on

    only one side.

    vii. The citation should be in compliance with the 20th

    edition of Bluebook. Speaking footnotes or Endnotes

    are not allowed.

    9. MARKING CRITERIA FORMEMORIALS:

    Marking Criteria Marks Allotted

    Evidence of Original

    Thought 20

    Knowledge of Law and

    Facts 20

    Proper and Articulate

    Analysis 20

    Correct format and Citation 20

    Extent and Use of Research 20

    TOTAL MARKS 100

    10. RULES FOR THE ORAL ROUNDS Draw of Lots:

    The match up of teams in Preliminary Rounds shall be determined

    on the basis of draw of lots. Draw of lots and Memorial Exchange

    shall take place on April 20th, 2019 after the Inaugural Ceremony.

  • Mewar Law Institute Mewar Law Institute Sector 4C Vasundhara, Ghaziabad

    (Affiliated to CCS University, Meerut) Phone No. 0120-2698218-20

    11. Preliminary Rounds

    The preliminary rounds will be held on April 20th, 2019. The

    Preliminary rounds shall comprise of Two Rounds of oral

    arguments subject to the allotment of team codes. In the

    preliminary rounds, each team shall have to argue twice, once

    as a petitioner and the other as a respondent.

    Each team will get a total of 20 minutes to present their case.

    This time will include rebuttal and sur-rebuttal time (if

    permitted by the judge(s)). The division of time per speaker is

    left to the discretion of the team subject with a minimum of

    10 minutes per speaker and not more than 15 minutes per

    speaker. Rebuttals can be assigned a time period of not more

    than 5minutes.

    The oral arguments should be confined to the issues

    presented in the memorial. The researcher may sit with the

    speakers during the oral rounds. Maximum scores for the oral

    rounds shall be 50 points per speaker per judge. The speakers

    can provide the copies of the compendium, only if the same is

    permitted by the panel of judges in their respective court

    rooms. No two Teams will argue against each other more than

    once in the Preliminary Rounds.

    The oral rounds shall be judged on the following criteria:

    Marking Criteria Marks Allotted

    Preparation and familiarity with facts 10

    Structure of Legal Argument 10

    Knowledge & Application of Law 10

    Organization, Presentation, Speaking

    Ability 05

    Responsiveness to Questions 05

  • Mewar Law Institute Mewar Law Institute Sector 4C Vasundhara, Ghaziabad

    (Affiliated to CCS University, Meerut) Phone No. 0120-2698218-20

    Persuasiveness and Advocacy 05

    Courtroom Etiquette 05

    TOTAL MARKS 50

    The winners of the preliminary rounds shall, i.e. total eight

    teams (10 teams) shall qualify for the Final Round. In case

    there is a tie, the winning difference of their respective rounds

    shall be taken into consideration. Further, in case of tie after

    taking winning scores into consideration, the decision shall be

    taken on the basis of the Memorial marks.

    12. Final Rounds:

    The Final Rounds shall also take place on April 21st, 2019 with four

    Finalists. The Winner of the Final Round shall be declared Winner of

    the Competition.

    13. General Rules:

    IncaseofevaluationofalltheRounds,theMemorialMarksshallbein

    cludedtodecidethemerit.

    The decision of the judges with regard to the outcome of the

    rounds shall be final.

    14. Scouting

    Teams shall not be allowed to observe the orals of another team,

    unless they have been officially knocked-out of the competition.

    Scouting is strictly prohibited. Scouting by any team shall entail

    instant disqualification.

    15. Awards:-

    The competition embraces following awards:

    Best Team : Rs.11,000

  • Mewar Law Institute Mewar Law Institute Sector 4C Vasundhara, Ghaziabad

    (Affiliated to CCS University, Meerut) Phone No. 0120-2698218-20

    Runners-Up : Rs.05,100

    Second Runners-Up : Rs.03,100

    Best Memorial : Rs.01,100

    Best Mooter : Rs.01,100

    16. Accommodation And Travel

    Accommodation and food shall be provided to all teams by

    the organizers from April20th, 2019 @2000/- per participant.

    The interested participants for availing accommodation

    facility should pay 1000 rupees in advance up to 18th April,

    2019.

    The interested students are required, to inform the

    Organizing Committee, of their Travel plan.

    Teams should send their travel plans by April17th, 2019.

    17. Clarifications:

    Any clarifications regarding the competition may be sought from :-

    [email protected]

    18. Date Schedule of Mewar National Moot Court Competition

    S.No Events Date & Time

    1. Deadline For Receiving Soft Copy Of

    Registration From (By Organizers)

    14th April, 2019

    2. Deadline For Receiving Hard Copy Of

    Registration Form (By Organizers)

    16th April, 2019

    3. Communication Of Confirmation Of

    Team Codes To Registered Teams

    15th April, 2019

    4. Deadline For Receiving Queries

    Seeking Clarification & Travel Details

    Of The Team

    15th April, 2019

    5. Issuance Of Clarifications On The

    Queries

    16th April, 2019

    mailto:[email protected]

  • Mewar Law Institute Mewar Law Institute Sector 4C Vasundhara, Ghaziabad

    (Affiliated to CCS University, Meerut) Phone No. 0120-2698218-20

    Statement Of Problem

    The Free State of Vola constitutes the largest democracy in the

    world. The Free State of Vola shares its boundaries with seven other

    democracies having amiable and strong trade relations amongst

    them. However, Vola shares an unpleasant relation with the

    neighbouring State of Ura, on account of continued turbulences,

    caused by various terrorist groups, financially supported by the

    stratocracy of Ura. Evidently, the Government of Ura indulged in the

    creation of an environment of hostility amongst the people residing

    in the bordering regions of Vola by circulating take currency notes

    amongst those people, instigating them to promote internal

    disturbance. The policy of the Free State of Vola was largely

    dominated by the Left learning political party. The Dothraki Dal, for

    almost six decades. In the year 2014, the State witnessed an era of

    revolution, fostering in, for the very first time, a Right learning

    political party, The Free Folk of Vola, which swept the legislative

    assembly elections with an unimpeded majority. The nation looked

    up to this political party with a hope that it will rejuvenate the

    dampened fire of the Free State by eradicating corruption, the

    nation's oldest and most menacing dread. The citizens drew a lot of

    inspiration from the current Prime Minister, Mr. Arthur Philip, a well

    recognised World Leader.

    Mr. Philip started taking necessary steps to eradicate the problems

    of the nation from the very inception of his administration. The

    6. Deadline For Submission Of Soft Copy

    Of The Memorials

    17th April, 2019

    7. Inaugural Ceremony, Draw Of Lots 20th April, 2019

    from 9:00 A.M.

    8. Finals 21st April, 2019

    from 9:00 A.M.

    to 3:00 P.M.

    9. Valedictory Ceremony 21st April, 2019

    from 4:00 P.M.

    to 6:00 P.M.

  • Mewar Law Institute Mewar Law Institute Sector 4C Vasundhara, Ghaziabad

    (Affiliated to CCS University, Meerut) Phone No. 0120-2698218-20

    Prime Minister aimed at making the Free State of Vola a Super-

    Power. Subsequently, the Prime Minister emphasized on

    strengthening the political and economic relations of the nation

    with the other states. After a proper analysis and profound

    deliberation, the Philip administration came to a conclusion that the

    goal of eradication of corruption can only be achieved by severing

    its roots which are dug deep inside the nation itself. Finally, on

    October 20, 2016, after two years of successful and efficient

    administration. Philip came up with a strategy to tackle both

    corruption and terrorism with a single blow by the way of

    demonetization. This scheme of demonetization was given effect by

    ceasing the usage of all Rs.500 and Rs.1000 currency notes as a form

    of valid legal tender. It was officially declared that the citizens may

    exchange their Rs.500 and Rs.1000 currency notes with currency

    notes of smaller denominations which would continue to serve as

    valid legal tender, through any nationalized bank or any equivalent

    financial institution within December 31, 2016. In the meanwhile, the

    Government shall circulate newly minted currency notes of higher

    denominations which would also serve as valid legal tender. The

    said strategy in the first case, targeted the unaccounted money in

    possession of the tax-evading citizens. Formidable, this move would

    also render the take currencies obsolete which sponsored terrorism.

    However, the surprise move the Government of demonetize

    currency notes of Rs.500 and Rs.1000 led to a situation of hue and

    cry as it caused large scale mayhem and life threatening difficulties

    to the citizens. Mr. John Dann, a public spirited Advocate stated that

    "The decision of the government has adversely affected 1.25 Billion

    citizens who are clueless about running their day-to-day life till the

    period during which the transition from specified bank notes to new

    bank notes takes place. People are standing in long queues outside

    banks or ATMs for the entire day or subsequent days, affecting their

    work or trade, to obtain legitimate currency notes. There are still

    many who are unable to withdraw or obtain legitimate currency. The

    whole situation is pressurizing the banking industry, financial

    institutions and the common mass." Hence, he brought a PIL against

    the action of the Government challenging its constitutional validity

  • Mewar Law Institute Mewar Law Institute Sector 4C Vasundhara, Ghaziabad

    (Affiliated to CCS University, Meerut) Phone No. 0120-2698218-20

    as it resulted in the infringement of right to life, trade, livelihood,

    existence, business, education, etc.

    The Constitution and laws of India are mutatis mutandis applicable

    to the Free State of Vola. State of Vola follows Indian laws.

    Regarding Moot Court Procedure And Proposition:

    Faculty Co-Ordinator:

    Ms. Sumedha Ganjoo 8588911282

    Student Convenor :

    Kartik Aggarwal 7011461996

    Kokab Ali 9999297869

    Vaibhav Varshney 9149199169

    Arundhati Banerjee 9811610833

    (Karun Kumar Kaushik) Vice Principal

    Mewar Law Institute 08588911282

    [email protected]

    mailto:[email protected]