Dr. Swati Bhati Memorial Moot Court Competitio 2014

8/12/2019 Dr. Swati Bhati Memorial Moot Court Competitio 2014

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DR. SWATI BHATI MEMORIAL MOOT

COURTCOMPETITION

FACULTY OF LAW, JAI NARAIN VYAS UNIVERSITY,JODHPUR

(RULES & REGULATIONS OF THE MOOT COURT COMPETITION )

7th

9th

August, 2014

2014

SHALINI CHOUDHARY & SHUBHAM MODI(CONVENERS)

LITERARY/ ACADAMIC COMMITTEE


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DR. SWATI BHATI MEMORIAL MOOT COURT COMPETITION

JAI NARAIN VYAS UNIVERSITY, JODHPUR

(FACULTY OF LAW)

DR. SWATI BHATI MEMORIAL MOOT COURTCOMPETITION

INTRODUCTION

Dr. Swati Bhati Memorial Moot Court Competition (hereinafter"Competition") provides an opportunity for law students to become acquaintedand proficient in law related issues, including related principles and

jurisprudence. Furthermore, it also offers an opportunity for students to practiceand hone their skills in the art of argumentation.

Dr. Swati B hati Advocate (1973-2010) was an eminent lawyer in Rajasthan High Court Jaipur Bench. She completed her graduation from Kamla NehruCollege Jodhpur and attained the subsequent degree of Bachelors and Mastersin Law from Jai Narayan Vyas University Jodhpur. Her penchant to learn moredid not stop here and she further did her Ph.d in law on the subject "The rolesand powers of president of India under the Constitution of India". This only

showed her thirst for knowledge and desire to achieve something in life to makeit more meaningful. As a popular student leader she was elected as the Vice -

president of K.N. hall. As an advocate she was elected as the Vice-president of Rajasthan High court Bar Association Jaipur with unprecedented thumpingmajority that reflected what place she had among the members of the bar. Her

passion for Public interest litigation took her to contribute much in coca cola pesticide case, marble slurry and affore station of Jaipur Ajmer Highway. Sheachieved excellence in writ jurisdiction, apart from Revenue cases, Panchayat

cases, service matters and company matters. She was not bor n gr eat, nor was greatness thrust upon her; she achieved it with sweat and blood

The Preliminary Rounds, Quarter Finals, Semi Finals and Finals will be held at Faculty of Law, JNVU from 7 th - 9 th August, 2014 .


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DR. SWATI BHATI MEMORIAL MOOT COURTCOMPETITION - 2014

JAI NARAIN VYAS UNIVERSITY, JODHPUR

(FACULTY OF LAW)

REGISTRATION FORM

SPEAKER 1: .

YEAR : CONTACT NO:..............

E-MAIL ID... .

SPEAKER 2:.. ...

YEAR : CONTACT NO:......

E- MAIL ID

RESEARCHER:

YEAR :. CONTACT NO.:

E-MAIL ID................

Signature & seal of Head of Institution


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MOOT PROBLEM

Papaiah Naidu owned a large number of movable and immovable properties. He had 5 sons, viz, V. Perumala Swamy Naidu, V.Sudarshanam Naidu, V. Balakrishna Naidu, V. Deena Dayalu

Naidu,V. Ramakrishna Naidu and 4 daughters, viz., Rukminiyamma,Pushpamma, Hamsaveniyamma and Bhagyalakshmiyamma.

He executed a Will on 14.7.1932. The said Will was a registered one.A portion of the properties was bequeathed in favour of defendant

No.1. He was then a minor. The properties bequeathed in his favour

were described in Schedule E of the Will. In terms of the said Will,the sons of the testator got life interest. Only, after his death his heirs,legal representatives could inherit the same.

On 3.12.1975 the original Defendant No.1 and his son executed adeed of sale in favour of defendant No. 2, M. Krishna Reddy.

On or about 30 th January, 1982, defendant No. 2 disposed of the said

property in favour of defendant No. 3. Plaintiffs-Respondents who arethe daughters of original Defendant No. 1 filed a suit before the CityCivil Judge, Bangalore on 30th July, 1982 inter alia praying for thefollowing reliefs:

"(a) declaring that the Plaintiffs are also lawful heirs entitled to thebequests under the Will dated 14.7.1932 executed by their

grandfather as lineal heirs of the First Defendant,

(b) and consequently restrain by an order of Permanent injunction thedefendants, their agents, servants from demolishing, altering,constructing or reconstructing the suit schedule property.

(c) Grant cost of the suit;"

The plaintiffs, however, did not implead their brother as a party.


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The bungalow which was the subject matter of the suit wasdemolished by Appellants herein whereupon the plaint was amended

praying for a decree of mandatory injunction for restoration of the

said property.The learned Civil Judge in view of the pleadings of the parties framedas many as 12 issues, inter alia, in regard to:

(i) Limitation

(ii) Non-rejoinder of parties

(iii) Adequacy of valuation of the suit and amount of court feesThe City Civil Judge, Bangalore by a judgment dated 6.1.1993dismissed the suit, inter alia, opining that the suit was barred bylimitation as also for non-joinder of parties. It was also held that thecourt fees paid was inadequate.

Respondent Nos. 1 and 2 aggrieved by and dissatisfied with the said

judgment preferred an appeal before the High Court of Karnataka.The said appeal has been allowed by reason of the impugned judgment.

The aggr ieved party wishes to move the Hon ble Supreme Courtunder Article 136 of Constitution of India.

..


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MOOT COURT RULES AND REGULATIONS

I. REGISTRATION AND FEE:

Registration fee for each participating team is Rs. 1000.Participants are invited to register themselves by sending theirREGISTRATION FORM via email to [email protected] by 18 th July 2014 in order to confirm their participation.

MODE OF PAYMENT-

Through Demand Draft in the name of N ominee Pareek , A/C NO.145210031255, IFC BKD NO. 711452, DENA BANK, BANAR BRANCH,JODHPUR.

OR

Through Cheque in the name of Nominee Pareek (A/C Payee).

OR

Participants can also deposit Registration Fee along with Form throughPersonal Delivery to P. A. TO THE DEAN OFFICE, FACULTY OFLAW, JAI NARAIN VYAS UNIVERSITY, JODHPUR (Office timings:

2 p.m. to 6 p.m.)

Send Demand Draft/ Cheque along with Registration Form addressed to- Mr.Shubham Modi, 1 ST B ROAD NEAR VIVEK VIHAR HOSTEL, GOLEBUILDING, SARDARPURA, JODHPUR (RAJ.) by 19 th July, 2014 .

Participants are required to inform their mode of payment via mail [email protected]

(Information given to any one team member shall constitute notice to the

team)

Other information is available on Facebook Page: JNVU 5YDLC AcademicCommittee 2013-14 or at www.lexreporterindia.com. Last date forregistration is 19 th July, 2014.

NOTE: Limited Registrations (16 teams only on first come firstserve basis).
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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II. PARTICIPATION AND ELIGIBILITY:

A. EligibilityAll law schools, law faculties, and institutions with law related degree

programs within Rajasthan are eligible to participate in the Competition. Alldeterminations of eligibility are in the discretion of the Dean.

A person may be a Team Member if he or she:is pursuing a law degree;is enrolled at an eligible institution as a full-time student during therelevant Competition Year and plans to participate in the Competition on

behalf of that institution;has not engaged in the practice of law in any jurisdiction after graduatingfrom any type of law degree program; andis not pursuing any post-graduate degree programme from any universityor institution.

The number of participant teams shall be limited. The preference to teamsshall be given in order of their registration.

B. Team CompositionTeam shall be consisting of 3 members: 2 Speakers & 1 Researcher. Theteam members must satisfy the eligibility requirements stated in II.A.

C. Team AnonymityTeams will be assigned team codes on 27 th July 2014 through messagesor mails. The participating teams and their companions must not reveal theiridentity to the judges or in the memorials, whether intentionally orinadvertently, such as by using their names, or other similar initials, orslogan. This Rule is intended to maintain the impartiality of the judges.

III. THE MOOT PROBLEM AND CLARIFICATIONS:

A. Moot Problem (Compromis)The Committee has already released the moot problem (Compromis). It may

be downloaded from the Facebook page: JNVU 5YDLC AcademicCommittee 2013-14 or www.lexreporterindia.com

B. Clarifications For clarification students can contact:M r. Shubham M odi (Convener ) 9782408101

M s Chi tr angda Rathore (Chi ef Or ganizer) - 8764344236M s Sneha Pur ohi t (H ead Speaker ) - 9460027822


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IV. THE MEMORIALS:

A. Submission of MemorialsEach team participating in the Competition is required to send one soft copy

of Petitioner and Respondent Memorials by via email [email protected] The last date for your memorial submission via email is 2nd August i.e. thesoft copy should be submitted latest by 23:59 hours on 2 nd August. The lastdate for the submission of the hard copy of memorials is 5 th August latest by23:59hours.

Memorials submitted to and received beyond the specified date will be giventhe corresponding point deduction(s).

The Teams are required to send two (2) hard copies of their Petitioner andRespondent Memorials through speed post/courier addressed to P.A. to theDean Office, Faculty of Law, Jai Narain Vyas University, NearMohanpura Bridge, Jodhpur (Rajasthan)- 342001 and teams are alsorequired to bring 5 hardcopies from each side along with them.

Revisions to the Memorials shall not be allowed once submitted. Delay inthe submission of Memorials shall incur a penalty equivalent to ten (10)

points for every day of delay, up to a maximum of thirty (30) points.

B. Format of MemorialsAll parts of the Memorial must be in Times New Roman, Size 12, with 1line spacing and printed on A4 size Page. Quotations and footnotes shallhave the same format but with single line spacing except between separatefootnotes. The Memorials must have corresponding page numbers.The Memorials must be properly stapled.

The Cover Page, Table of Contents and Index of Authorities must bedouble-spaced .

The Pleadings section of each Memorial, including the Summary ofArguments, Conclusion/Prayer for Relief and citations, shall not exceed7 pages . Pages in excess of the maximum shall have a correspondingdeduction in the teams Memorial score, to wit: 1-2 pages, deduction of 5 points 3-4pages, deduction of 10 points Over 4pages, deduction of 20 points
mailto:[email protected]:[email protected]:[email protected]


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C. Parts of the Memorial1. Cover Page

The cover page should bear the following information: The team code followed by Petitioner for the Petitioners Memorial

( Format: 21Petitioner ) or Respondent for the Respondents Memorial( Format: 21Respondent ). This must be indicated on the upper right corner ofthe cover page Name of the Court, Title of the case And the front page for Petitioner must be blue colored and that ofRespondent must be red colored

2. Table of ContentsThe Table of Contents must list all the contents of the Memorial, includingthe headings and sub-headings.

3. Index of AuthoritiesThe Index of Authorities provides a list of the authorities cited in theMemorial, i.e. , laws, commentaries, cases, and other articles used asreferences.The list must be segregated according to type of source (i.e. treaties, judicialdecisions, etc.). It must specify the pages in the Memorial where eachauthority is cited.

4. Statement of FactsThe team must present the facts found in the Compromis in a form accordingto the teams position without adding or distorting the facts or makingunreasonable inferences therein.

5. Summary of the PleadingsThe Summary of the Pleadings provides a substantive summation of thearguments presented in the Memorial. It should not be a reproduction of theheadings and sub- headings found therein. To be effective, it must present the

arguments concisely and direct to the point.

6. Pleadings (Body of the Memorial)This is the core of the Memorial. The Pleadings contain the arguments,

position, or standpoint of the team. It provides the law and jurisprudence onwhich the arguments are founded.

7. Conclusion/Prayer for ReliefThe Conclusion/Prayer for Relief states the remedy the team is asking the

Court to order. This is not to be used for presenting new information or as thesummation of the teams case.


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D. Research and AssistanceThe team members shall solely be responsible for the research, writing, andediting of the Memorials.

E. Plagiarism Definition of Plagiarism : Plagiarism is defined as the act of incorporatinginto ones work a substantially similar portion of anothers work withoutadequately or properly indicating that source. All competitors will be bound

by this definition.In the event of alleged plagiarism, the Judges will evaluate the brief inquestion. Penalties, including but not limited to disqualification from theCompetition, will be assessed at the discretion of the Judges and FacultyAdministration.

V. THE PAIRING PROCEDURES:

The pairing of teams for the Preliminary rounds as Plaintiff or Defendantshall be determined through a random draw by one of the team member. Noteam shall compete against the same team twice in the Preliminary rounds.

VI. THE ORAL HEARING PROCEDURES:

A. The Rules applicable to all the rounds1. Each team shall consist of a first counsel and a second counsel, asdesignated by the team.

2. The order for the oral argume nts is as follows: Petitioner 1 Petitioner 2 Respondent 1 Respondent 2 Reb uttal, if any (Petitioner 1 or 2) Surrebuttal, if any (Responde nt 1 or 2)

3. Each team is given a total of 40 minutes to speak, allocated as follows: 30 minutes to be distributed between the first and second counsel Maximum of 10 minutes for rebuttal (Petitioner) or surrebuttal(Respondent)

4. Entry of appearance . After introductions, the first counsel shall indicateat the start how long each counsel will speak and the time allotted for therebuttal or surrebuttal. The time of the first counsel shall begin from the entryof appearance.


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C. The Preliminary RoundsAll participating teams that have submitted their Memorials shall participatein the Preliminary Rounds. Each team shall argue twice in the GeneralRounds, once as Petitioner and once as Respondent.

D. The Quarterfinal RoundThe top eight (8) teams in the Preliminary rounds, based on their aggregatescores in the oral rounds and their memorials, shall advance to the QuarterFinal Round.The sides and opponent team will be determined by a draw of lots.

The four (4) winners in the Quarterfinal round shall advance to the Semifinalround.

E. The Semifinal RoundThe winners in the Quarterfinal round shall compete in the Semifinal round.The sides will be determined by a draw of lots.

F. The Final RoundThe two winners in the Semifinal round shall compete against one another inthe Final round.

The team which will argue as Petitioner or Respondent shall be determined by a draw of lots.

VII. COMPETITION SCORING:The scoring shall consist of two parts:

The scoring of the Memorials; The scoring of the Oral Rounds.

A. Scoring of MemorialsEach Memorial shall be assessed by the judge (lawyer/professor) who is an

expert in Service Law. The maximum marks for Memorial shall be 100.The scores given by the judges will be the final score of a Memorial.

B. Scoring of the Oral RoundsThe oral presentations in the Preliminary, Quarterfinal, and Semifinal roundshall be evaluated by at least two judges bench. And Final round shall beevaluated by at least two judges bench. At least one judge in the Preliminaryrounds, Quarter-final, Semi-final and two judges in the Final round shall be acurrent or former judge / lawyer / professor or an expert. In each of the

Preliminary, Quarterfinal, Semifinal and Final rounds, the maximum score foreach counsel shall be 200 and the maximum score for each team shall be 400.


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C. Scores per RoundFor each round, the teams aggregate score out of 500 shall be determined bycombining its Memorial score with the two oral presentation scores, pursuantto the above rules.

D. Tie-Breaking ProcedureIn case of a tie for a particular slot in the Quarterfinal round, the team that hasthe highest average score for its oral presentations in the Preliminary roundsshall proceed to the next round.In the event that the tie is still not decided, the team whose first counsel hasthe highest average score for his or her oral presentations in the Preliminaryrounds shall qualify for the Quarterfinal round.

E. Finality of JudgingThe scores given by the judges shall be final.

VIII. PENALTIES:

A. Memorial PenaltiesThe Memorial penalty shall be deducted from the Memorial's final score.The Committee shall notify the teams of the imposed penalties prior to thePreliminary rounds.

RULE SUMMARY PENALTY

IV. A Late submission ofMemorial.

10 points for every day ofdelay(maximum of 30 points)

IV. B Use of incorrectsize/format

1 point per violation, up to amaximum of 10 points

IV. B Excessive length of pleadings

1-2 pages, deduction of 5 points3-4pages, deduction of 10 points

Over 4pages, deduction of 20 points

IV. C. 1 Failure to include thenecessary information inthe Cover Sheet

2 points (one -time penalty)

II. C Violation of Anonymity 10 points (one -time penalty)

IV. Other violations ofmemorial format

requirements

2 points (one -time penalty)


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B. Oral Rounds Penalties

RULE SUMMARY PENALTY

II.

C Violation of Anonymity 10 pointsVI.A.8-9 Disruptive noise, inappropriate behavior,

prohibited communication 10 points

VI.A.10 Scouting 10 points

VI.A.12 Use of prohibited electronic devicesduring the rounds

10 points

VI.B Exceeding the allowed scope of theRebuttal or Surrebuttal

Maximum of 10 points

C. Other Penalties

VIII. F Absence or Tardiness 5 points

IV.E Plagiarism Disqualification

D. Complaint ProcedureA complaining team must submit a written notification to the CoreCommittee Members (Conveners) within fifteen (15) minutes from theconclusion of the oral round, if they will allege that any violations have beencommitted. The notice must specify clearly the violation and the partiesinvolved. Failure to follow this procedure shall result in the nullification ofthe teams complaint.Such notice will be given by the Committee to the authorities and judgeconcern. The Authority's decision on the complaint shall be final.

E. Notice of PenaltiesThe Committee shall notify the teams of the Memorial penalty they incurred

prior to the Preliminary Round. The Committee shall likewise notify theteams of any Oral Round Penalties they incurred.

F. Other PenaltiesAttendance in all activities is mandatory. Absence or tardiness by any of theteam members in any of the activities lined up for the duration of the

Competition will result in a five (5) point deduction, for every infraction.


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Teams which abandon the competition without valid cause shall bedisqualified from joining subsequent competitions, and shall not berequired to reimburse the registration fee . For this purpose, abandonmentis defined as leaving the competition premises with no intention to return or

finish the competition.

IX. AWARDS :

The winning team in the Final Round shall be awarded Certificate, aTrophy and Rs. 7,000.

The Runner up team will be awarded Certificates with Rs. 3,500.

The highest scoring counsel in the oral hearings of the Preliminaryrounds will be awarded Certificate as Best Mooter and with Rs.2,500.

The highest scoring Memorial will be awarded Certificate as BestMemorial and with Rs. 2,500.

Certificates will be provided to all the participants.

X. RELEASE OF SCORES:Each team will receive their total brief score, oral scores, and ranking afterthe Competition. No scores will be distributed at the Competition.Additionally, teams may not obtain the scores and rankings of other teamsinvolved in the Competition.

XI. INTERPRETATION OF RULES: The Authorities concern shall have absolute discretion to resolve any issuesconcerning the interpretation of rules.

XII. FURTHER DETAILS: Participants are required to mail their arrival and checkout details at

[email protected] by 6 th August, 2014 . Participants are required to bring their Identity Card. Dress code- Black and White formals. Accommodation will be provided by the Host committee only during

competition days i.e. on 7 th , 8 th and 9 th of August.

ALL THE BEST
mailto:[email protected]:[email protected]:[email protected]

Dr. Swati Bhati Memorial Moot Court Competitio 2014

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