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Page 1: ANAND LAW COLLEGE, ANAND - Lawctopus€¦ · ANAND LAW COLLEGE, ANAND (MANAGED BY SHRI RAMKRISHNA SEVA MANDAL) ORGANIZES SECOND NATIONAL MOOT COURT COMPETITION, 2015 ANAND LAW COLLEGE,

NATIONAL MOOT COURT COMPETITION, 2015

ANAND LAW COLLEGE, ANAND

(MANAGED BY SHRI RAMKRISHNA SEVA MANDAL)

ORGANIZES

SECOND NATIONAL MOOT COURT COMPETITION,

2015

ANAND LAW COLLEGE, ANAND

OPP. SANKET TOWER, NEAR ELECTRIC GRID, ANAND-388001 GUJARAT, INDIA Tel: +91(2692)252034, Fax: 91-(2692)253925

E-mail: [email protected]

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NATIONAL MOOT COURT COMPETITION, 2015

The Founder

Late. (Hon’ble) Dr Shri Gordhanbhai S. Patel ‘Vakil Saheb’

Shri Gordhanbhai Patel, adorably called Vakil Saheb, the founder trustees of the Mandal,

shared the most popular view that development of an independent India and its villages can be

affected only through properly trained individuals. Hence establishing an academic institute

was a top priority. In this context, Shri RamKrishna Seva Mandal in March 1963 pioneered to

establish Anand Arts College. This development marked the birth of the college of Anand.

Slowly and steadily, various institutions beginning from kindergarten to graduate and post

graduate courses were launched, making progress under the flag of Shri Ram Krishna Seva

Mandal.

About SRKSM

“Shri RamKrishna Seva Mandal (SRKSM) is a registered society and a public trust and was

established in the year 1945-54. The trust was setup under the able leadership of Late Shri

Gordhanbhai Patel popularly and respectfully known as ‘Vakil Saheb’ and with whole hearted

cooperation of the prominent citizens and leading industrialist of this area not only an

educational trust providing institutes from primary to research level education, but it also had

a strong medical and socio economic implication for surrounding rular area, as a

multidimensional experiment, adverting various socio economic problems and its implication.

At present SRKSM is managing about 27 academics institutes from K.G to P.G schools of

excellence by effectively and efficiently maintaining pace with the ever changing needs of

morden educational environment.

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NATIONAL MOOT COURT COMPETITION, 2015

About College

Anand Law College is a legal establishment recognized by the Bar Council of India, New Delhi

since 1964, motivated by highly enthusiastic professionals under the guidance & supervision

of the great visionary Late Gordhan Shanabhai Patel. College is managed by Shri RamKrishna

Seva Mandal, Anand and has been rendered an authenticity for permanent recognition to offer

various Law programmes. Its affiliation is with Sardar Patel University, Vallabh Vidyanagar.

The college offers experiential learning under joyful academic environment. The conduct of

teaching is more focused on process of ensuring to create a leader in law subject than

conventional scoring students.

About Moot Court Competition

Anand Law College managed by Shri RamKriskna Seva Mandal, apart from imparting qua lity

legal education; it has always been an objective of the college to work in holistic way. In order

to achieving excellence in the field of Legal Education, we intend to cross the barriers of

traditional learning methodology with an aim of giving maximum exposure to law students

and encouraging transformation in the thinking process from ordinary to the superlative. As a

step towards this we have commenced a National Moot Court Competition.

Here we are making an attempt to set up a common platform for all the legal students for their

overall development to become an advocate. Such competition will give Competitors gain

valuable experience and training in written and oral appellate advocacy. Furthermore, the

experience competitor’s gain is not limited to appellate practice. The legal research, analysis,

writing and oral advocacy skills competitors polish during the competition are valuable in a

wide range of practice areas and make competitors more marketable to legal employers with

this basic object, we are organizing our second National Moot Court competition.

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NATIONAL MOOT COURT COMPETITION, 2015

Patron

Mr. Hemantbhai J. Patel (Advocate)

President SRKSM

Smt. Jyotsanaben K. Patel (B.E.)

Hon. Secretary SRKSM

Principal

Dr. Apurva C. Pathak

Associate Professor

+91-9825334760

E-mail:[email protected]

Organizing Secretary

Dr. Rekha Kumari R. Singh

Assistant Professor & Coordinator

+91-903301129

E-mail:[email protected]

Organizing Committee

Ms. Pragnya Kansara Ms. Ripal Gupta

Adhyapak Sahayak Adhyapak Sahayak

+91-9998781360 +91-9924117449

E-mail: [email protected] E-mail: [email protected]

Mr. Jimit .T. Pandit.

Moot Court Secretary

+91-9979758910 & +91-7405991552

E-mail ID: [email protected]

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NATIONAL MOOT COURT COMPETITION, 2015

NATIONAL MOOT COURT COMPETITION, 2015

ANAND LAW COLLEGE, ANAND

ON

14TH & 15TH

MARCH, 2015

REGISTRATION FORM (Please fill in capital letters)

Name & Address of the College:

__________________________________________________________________________________

Email ID of the Moot Court Team:

__________________________________________________________________________________

SPEAKER 1

Name: __________________________________________________________________

Email ID: _______________________________________________________________

Year & Course: __________________________________________________________

Contact No:______________________________________________________________

SPEAKER 2

Name: _________________________________________________________________

Email ID: ______________________________________________________________

Year & Course: __________________________________________________________

Contact No: _____________________________________________________________

RESEARCHER

Name: _________________________________________________________________

Email ID: _______________________________________________________________

Year & Course: __________________________________________________________

Contact No: _____________________________________________________________

Accommodation (Y/N): YES NO Registration Fees : DD No._______________________ dated: ____________________ amount of Rs.2000/- drawn in favor of Anand Law College, Anand.

Date: (Signature & Seal of the Head of the Institution)

Self attested

Photograph

Self attested

Photograph

Self attested

Photograph

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NATIONAL MOOT COURT COMPETITION, 2015

National Moot Court Competition, 2015

14th

and15th

March, 2015

Anand Law College,

SRKSM Campus,

Opp. Town Hall,

Near Electric Grid,

Anand-388001

Gujarat (India)

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NATIONAL MOOT COURT COMPETITION, 2015

RULES AND REGULATIONS

I. Aim and Purpose

The Anand Law College, Anand is organizing National Moot Court Competition, 2015 to enable

students to familiarize themselves with the law and practice of the National law.

II. Date and Venue

The Competition shall be held on 14th and 15th 2015 at SRKSM Anand Law College Campus

Anand Law College [Managed by Shri RamKrishna Seva Mandal]

Address: SRKSM Campus, Opp. Town Hall, Near Electric Grid, Anand-388001,Gujarat, India.

III. Dress Code

Formal wear

Ladies: Black colored salwar or trouser, white colored kurta or shirt & suit (black)

Gentlemen: White shirt with tie and black colored trouser / suit (black)

IV. Language

The competition shall be held in English language.

V. Eligibility

All students currently enrolled in three year or five year LL.B. or LL.M in any Law

School/College/University in India, are eligible to participate in the Competition.

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NATIONAL MOOT COURT COMPETITION, 2015

Any recognized Institution/College/University shall be entitled to send only one team to the

Competition.

VI. Team Composition

Each team shall be comprised of maximum 3 members, i.e. 2 speakers and 1 researcher.

This number cannot be modified under any circumstances. Teams shall identify such

speakers and researcher during registration.

Teams shall not disclose their identity or that of their institution or city at any time before or

during the competition. Such disclosure shall invite penalties including disqualification. The

decision for the same shall be at the discretion of the Organizer.

The college will not provide any facility for any additional member or team coach

accompanying the team.

VII. Registration

a. Each team can register provisionally by emailing

on [email protected] marked as “Registration: National Moot Court

Competition, 2015” as the subject. Registration is strictly on first come first served basis.

b. To complete the process of registration, all participating teams are required to submit the

complete registration form, duly signed and stamped by the Head of

Institution/Principal/Head of Department along with the Demand Draft (DD) of Rs.2000/- in

favour of Anand Law College, Anand. The aforementioned documents must be sent (by

post or courier) to Anand Law College [Managed by ShriRam Krishna Seva Mandal]

Address: SRKSM Campus, Opp. Town Hall, Near Electric Grid, Anand – 388001, Gujarat,

India. The deadline for registration is at 12 midnight on Monday, 2nd February 2015.

VIII. Rounds

a. Inaugural ceremony, orientation and draw of lots will be on Saturday, 14th March, 2015

b. There will be two preliminary round on Saturday, 14th March, 2015

c. Top six teams will qualify for semi finals which will be held on Sunday, 15th March, 2015

d. Top two teams will qualify for final which will be held on Sunday, 15th March, 2015

IX. Memorials

The following requirements for memorials must be strictly followed:

a) Each Team is required to prepare a Memorial for both, the Petitioner and the Respondent of the

Case. It is to be noted with caution that the forum selected by the team shall remain same both

for the Petitioner and the Respondent.

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NATIONAL MOOT COURT COMPETITION, 2015

b) One (1) soft copy of the memorials must be emailed to ([email protected])

with the subject “Memorials” on Sunday 1st March and five (5) hard copies of the memorials

are to be sent/couriered to Anand Law College [Managed by Shri Ram Krishna Seva Mandal]

Address: SRKSM Campus, Opp. Town Hall, Near Electric Grid, Anand – 388001, Gujarat, India

on Monday 2nd march, 2015.

c) Remaining five (5) copies of each memorial for Petitioner and Respondent of each case must be

submitted to the Organizer at the time of registration and draw of lots.

d) Memorial should be hard bound. Comb/spiral or any other form of binding will be considered

proper binding. Please avoid plastic front sheets or separators.

f) Each Memorial shall be presented in the following order:

1. Front cover;

2. Title page;

3. Table of contents;

4. List of abbreviations;

5. Index of authorities (list of sources);

6. Statement of facts;

7. Issues;

8. Summary of arguments;

9. Arguments in advance;

10. Submissions/Prayer;

11. Optional: Annex (max two (2) pages); and

12. Back cover

g) Memorial Format

1. Each team must submit its Memorial in MS-Word format.

2. Each team must submit its Memorials in size 12 Times New Roman font style and

footnotes in size 10 Times New Roman font style.

3. Each page must have a margin of at least 1.25 cm on every side of the text.

4. Memorials must be continuously page-numbered, excluding the front- cover.

h) Spacing

1. The text of the Memorial must be 1.5 spaced and footnotes must be single spaced.

2. Headings and subheadings of more than one line in length must be single spaced.

Front Cover Requirements

The front cover must contain the following information:

1. Team code

2. Title of the Competition

3. Title of the case

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NATIONAL MOOT COURT COMPETITION, 2015

3. The following color schemes shall be followed for the Cover Page of the Written Submission:

A) Petitioner- BLUE

B) Respondent- RED

4. Each team must omit the following references in their Memorials:

1. The names of team members;

2. The name of its university/Institute/College.

I) Page Limit

Each Memorial must not exceed 25 pages, in which the advanced arguments should not exceed more

than 15 pages.

J) Draw of lots

Draw of lots shall be conducted on 14th March, 2015 after inaugural session.

X. Scoring criteria for Preliminary Round:

The marks shall be given as per following criteria for preliminary round

Written Memorials 30

Oral arguments 40

Time adherence 15

Overall performance 15

Total 100

XI. Scoring criteria for Semi Final Round:

The marks shall be given as per following criteria for Semi Final round

Application of Law 25

Advocacy and Presentation 20

Answer to Court Question 20

Interpretation and use of facts 15

Time adherence 10

Overall performance 10

Total 100

XII. Scoring criteria for Final Round:

The marks shall be given as per following criteria for Final round

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NATIONAL MOOT COURT COMPETITION, 2015

Application of Law 20

Advocacy and Presentation 15

Court Etiquettes 10

Answer to Court Question 15

Interpretation and use of facts 10

Research Relevant to the case 10

Time adherence 10

Overall performance 10

Total 100

Note:-

1. Both preliminary rounds are for 30minutes; each team would be allotted 15 minutes to present

their case, including rebuttal.

2. The semi final round is of 50 minutes; each team would be allotted 25 minutes to present their

case, including rebuttal.

3. The final round is of 90 minutes (1hour & 30minutes); each team would be allotted 45 minutes to

present their case, including rebuttal

The decision of the judges shall be final.

XIII. Categories of the Awards

The following awards will be given after the Final Round:

a) Winner - Trophy and Certificate

b) Runner-up Team - Trophy and Certificate

c) Best speaker - Trophy and Certificate

d) Best Memorial - Trophy and Certificate

e) Best Researcher - Trophy and Certificate

XIV Accommodation and hospitality

Accommodation and food to the participating teams will be provided by Anand Law College,

Anand, on 14th March, 2015 (from morning.) to 15th March 2015 (till evening.).

If the teams require to extent the accommodation facility they should contact the organizing

committee. The expenses for extended period of accommodation by any team will not bear by the

college.

XV Complaint Procedure

If a Team believes that an infraction of the Rules has occurred during Preliminary Round, Semi

Round and final Round the Team may notify the Court Officer in writing within five (5) minutes of

the conclusion of that Round.

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NATIONAL MOOT COURT COMPETITION, 2015

XVI Miscellaneous

1. The scouting of any type will amount to disqualification of the team from the competition.

2. The organizers reserve all the rights to change any of the above rules if so require and as they

deem appropriate.

3. All communications regarding the competition is to be addressed to

[email protected]

XVII Dates to be remembered

No. Schedule Dates

1 Date of Competition 14th

& 15th March,

2015

2 Last Date of Registration 2nd

February, 2015

3 Last date of Memorial Submission

(soft copy)

1st March, 2015

4 Last date of Memorial Submission

(hard copy)

2th

March, 2015

5 Draw of Lots 14th

March, 2015

6 Prize Distribution 15th

March, 2015

XVIII For any queries participants are welcomed to call:

1. Dr. Rekhakumari R.Singh +91-90330 11291

Assistant Professor & Coordinator

E-mail ID: [email protected]

2. Ms. Pragnya Kansara +91-99987 81360

Teaching Assistant

E-mail ID: [email protected]

3. Ms. Ripal Gupta +91-99241 17449

Teaching Assistant

E-mail ID: [email protected]

XIX For any information regarding the event the team shall contact to;

Mr. Jimit .T. Pandit. +91-9979758910

Moot Court Secretary +91-7405991552

E-mail ID: [email protected]

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NATIONAL MOOT COURT COMPETITION, 2015

Anand Law College, Anand

National Moot Court Competition , 2015

TRAVEL PLAN

1. Name of Institution -

______________________________________________

2. Arrival Details :-

a. Mode of Arrival Train /Bus

/Air____________________________________________________________

_

b. Train No./Bus No./Flight No -

________________________________________________________________

c. Estimated Time of Arrival -

________________________________________________________________

3. Departure Details :-

a. Mode of Departure : Train / Bus / Air -

______________________________________________________________

b. Train No. / Bus No. / Flight No. -

______________________________________________________________

c. Estimated Time of Departure -

______________________________________________________________

Any Other details:-

__________________________________________________________________

__________________________________________________________________

Date : (Signature & Seal of the Head of the Institution)

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NATIONAL MOOT COURT COMPETITION, 2015

ANAND LAW COLLEGE, ANAND

(MANAGED BY SHRI RAMKRISHNA SEVA MANDAL)

SECOND NATIONAL MOOT COURT COMPETITION,

2015

MOOT PROBLEM

1) Union of Indus Land is a Federal Democratic Republic Country. It is divided into 29 states.

The state of Purvanchal was one of the largest state 10 years ago. There was one Purvanchal

Dam constructed to construct a canal for production of electricity and also for supply of

water for irrigation of the agricultural land of the state. The canal was so built that it was

covering entire state.

2) The canal was passing from northern part of the state to southern part of the state.

Purvanchal dam/Purvanchal Power Station was constructed in such a way that water level

was increased to such level that flow of water could be maintained with same pressure even

till last part of the canal. Entire state’s electricity requirement was fulfilled from the same

Purvanchal Hydral Power Station. On the other hand the canal was fulfilling the irrigational

requirement of entire state from northern side to southern side of the state.

3) However state of Purvanchal was reorganized into two different states, one was named as

Southern Purvanchal and the other state was named as Northern Purvanchal under the State

Re-organization Act 1956. The State was divided in such a way that both states had got

almost same territorial area and the population of both newly formed states was almost same.

4) After partition of the state Purvanchal, the control of release of water from dam and release

of electricity from the Purvanchal Hydral Power Station came under complete control of

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NATIONAL MOOT COURT COMPETITION, 2015

Northern Purvanchal state therefore what quantity of wate r and electricity could be allowed

to be parted by Northern Purvanchal State for utilization of Southern Purvanchal state, also

was within the control of Northern Purvanchal state. From the dam 20500 cusecs of water

used to be released per day in canal so that 1000 cusecs of water per day used to reach to

Southern Purvanchal State. The Purvanchal Hydral Power Station used to produce 2000 MW

of electricity and 1000 MW of electricity used to be supplied from the Purvanchal Hydral

Power Station to Southern Purvanchal State. At the time of partition of state one agreement

was executed by newly formed states that the cost of production of electricity at Purvanchal

Hydral Power Station and cost for maintaining the canal would be shared by both states

equally.

5) According to agreement Southern Purvanchal was sharing the electricity production cost and

also cost of maintenance of canal equally. Initially Northern Purvanchal State used to share

the electricity 1000 MW of Electricity and used to release water almost 10000 cusecs of

water per day to state of Southern Purvanchal State. Thus Southern Purvanchal State was

getting sufficient electricity for use for whole state and sufficient water in the canal for their

irrigational requirements. After 5 years there were assembly elections in both the states. In

both the state new political parties had come into power. After the election when Northern

Purvanchal State started sharing only 500MW of the electricity to Southern Purvanchal State

whereas production at Purvanchal Hydral Power Station was same that of 2000 MW of

electricity. Similarly the quantity of water supply in canal was reduced. Instead of supply of

10000 cusecs of water per day the supply of water in canal was reduced to 6000 cusecs of

water per day. Whereas there was no shortage of water level in dam. This resulted into

serious irrigational problem for the farmers of Southern Purvanchal State, whose fields

otherwise was totally dependent for irrigation from supply of the 10000 cusecs of water per

day in the canal.

6) The farmers of Southern Purvanchal State were protesting and were asking the state

government of Suouthern Purvanchal State to intervene in the matter to ensure that

electricity and water problem may not continue and politically both the States could settle

the dispute amicably. However the state government of Southern Purvanchal State could not

resolve the issue inspite of the fact that they had approached the government of Northern

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NATIONAL MOOT COURT COMPETITION, 2015

Purvanchal State several times for restoring the earlier shar ing of water and electricity.

Nevertheless the government of Southern Purvanchal State was not taking appropriate legal

step to ensure restoring supply of 1000 MW electricity to Southern Purvanchal State as well

as for release of 10000 cusecs of water per day in the cannel for use of Southern Purvanchal

State for irrigational purpose.

7) The government of Southern Purvanchal State approached to the central government,

however both in the Central government as well as in the state government of Northern

Purvanchal State the governments were run by same political party, therefore the Central

government had not shown much interest in intervening in the matter whereas the farmers of

the Southern Purvanchal State were great sufferers because of the crops were destroyed due

to insufficient water supply in the canal and due to cut in eclectic supply the farmers could

not resort to alternative method of irrigation.

8) One of the farmers of Northern Purvanchal State filed one Public Interest litigation before

Federal Court praying to give direction to both Central Government of Union of Indus Land

and Government of Northern Purvanchal State for restoring the supply 1000MW of

electricity from Purvanchal Power Station and restore the 10000 cusecs of water in the canal

running in Southern Purvanchal State.

Note:- Union of Indus Land has Federal Court similar to that of Supreme Court of India. Similarly

the Constitution of the Union of Indus Land is similar to that of the Constitution of India. Various

Acts which are in force in Union of Indus Land are same Union of India are identical. Thus there are

similarities in the laws, judicial system and Centre State relations.

The issues should be four or less than it.