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Rules and Regulations of the Intra Moot Court Competition:
The Intra Moot Court Competition 2017 to be held on 25th of August
2017 is open for the Second, Third, Fourth and Fifth year students.
I. General Rules of The Moot Court Society for Academic year
2017-18 (w.e.f. 05 Aug 2017):
A. It shall be mandatory for the teams/students willing to
participate in any National and International Moot Court
Competition to participate in Intra Moot Court Competition
2017.
B. Teams willing to participate in any National or International
Moot Court Competition shall inform the Moot Court
Society at least 14 days prior to the last date of registration
and need to appear compulsorily for a screening.
For screening a notice will be issued in form of a general
invitation which shall be open to all the students. Without
screening no team shall be allowed to participate in any
Moot Court Competition irrespective of any circumstances.
C. Office bearers of the Moot Court Society are not restricted
from participating in any National or International Moot
Court Competition however, it shall be mandatory for the
willing team to appear for screening just like any other team.
D. The Screening of the Team shall be strictly on the Merits
based on the submissions of Memorial and Oral Arguments
for the Moot Preposition of the Competition for which the
screening is scheduled.
E. The Rules of the screening shall be as per Clause V and
Clause VI. The Moot court Society depending upon the
exigencies and the situation may formulate rules befitting
the interest of the institution.
II. Team Composition & Registration process for Intra Moot
Court Competition 2017:
A. Each team shall comprise of three members i.e. two Speakers
and one Researcher.
B. Any modification in the name of the participant shall not be
entertained, however in exceptional cases Faculty
Convenors, Moot Court Society may allow modification
limited to one modification per team.
C. Interested team shall register themselves by filling the
registration form and submitting the same to the Moot Court
Society, latest by 17th August 2017, till 15:00 PM.
D. The moot proposition shall be same for all the participants.
III. Intra Moot Court Competition Rules:
A. The competition shall be held between students of Second,
Third, Fourth and Fifth year only.
The first year students shall however be a part of the
competition as observers and may be selected as part of the
organizing Team subject to further notification and selection.
B. Memorial submission is mandatory for appearing at the oral
rounds. Memorial submission in hard copy is allowed latest
by 21st August 2017, 15:00 PM.
C. The submission of soft copy of the memorial is allowed
latest by 20th August 2017, at [email protected] by
marking a copy of the same to [email protected] and
D. Registered teams will have to submit the memorials in both
soft copy and hard copy. Teams shall have to submit three
hard copies of their memorials for both sides latest by the
deadline as mentioned under clause III (B) to either of the
student conveners of the Moot Court Society as mentioned
below.
E. Upon successful registration a team code shall be provided
to the teams through e-mail. Participants are requested to
maintain confidentiality of their team code and to use the
same team code for any identification during the
competition.
IV. Memorial Submission Guideline:
A. Teams shall have to prepare Memorial for both Appellant
and Respondent.
Teams shall submit the soft copy at [email protected]
latest by the deadline mentioned under Clause III(B).
Please mark cc to [email protected] and
[email protected] while submitting the soft copies.
B. Teams shall use their team codes only for the memorial
identification purpose. Unfair or unwarranted use of Team
Code shall lead to disqualification of the team in entirety.
C. The memorials should be submitted on A4 size paper,
printed only one side and must contain the following
sections;
i. The Cover Page
ii. Table of Contents
iii. List of Abbreviations
iv. Index of Authorities / Table of Cases
v. Statement of Jurisdiction
vi. Statement of Facts
vii. Statement of Issues
viii. Summary of Arguments
ix. Arguments Advanced/Detailed Arguments.
x. Prayer
xi. Bibliography
D. The title page shall include:
i. The Name of the Court
ii. The Year of the Competition
iii. The Name of the Case
iv. The Name of the parties
v. Team Code to be indicated at the top right corner
in bold. (Eg. T1) which shall be intimated to the
respective teams.
vi. The title of the Document(i.e. “Memorial for
Petitioner” or “Memorial for Respondent”)
E. The font of the body of the memorial should be Times New
Roman, size 12, line spacing 1.5 & headings should be 14.
Font Size of the cover page may be 14 or 16. All the copies of
the memorials must have the team codes at the upper right
corner in bold manner.
F. The Arguments should not exceed 15 number of pages.
However the total number of pages for the memorial shall be
limited to 25 pages including cover page.
G. The memorials should be spiral bound at the time of
submitting the hard copy.
H. All the pages of the memorials should have page numbers at
the bottom.
I. The appellant’s memorial should have Blue cover page and
the respondent’s memorial should have Red Cover Page.
J. The teams shall to use the latest edition of Blue Book for
citation format throughout the memorial.
K. The maximum score for the memorial shall be 100 marks.
The criteria for evaluating the memorial are as followed,
i. Knowledge of Law and facts (20 Marks)
ii. Analysis and Interpretation (20 Marks)
iii. Use of Research (20 Marks)
iv. Organized Manner and Clarity (20 Marks)
v. Grammar and Style (20 Marks)
V. Oral Submissions:
A. The language of the competition shall be English. B. Each team shall be leading the case from both the sides. The
opposing teams shall be decided by draw of lots.
C. Each team will get a total of 20 minutes to present their case
for one side, the time will include rebuttal. Any time
exceeding the allotted time will lead to deduction of 0.25
marks per minute. However extension of time is permissible
at the discretion of the judges.
D. The division of time per speaker for a team is left at the
discretion of the team members subject to a maximum of 12
minutes per speaker.
E. The oral arguments should be confined to the issues
presented in the memorial. The researcher shall not present
any oral argument however the presence of the researcher is
mandatory during the oral rounds.
F. Strict adherence to court manners shall be observed by all
the participants.
G. Passing of note or chits is not allowed during the oral
rounds at any circumstances.
H. Maximum score for oral rounds shall be 100 points per
speaker, which consists the following break ups:
i. Vocabulary Skills and Speaking skills (20 Marks)
ii. Court Ethics (20 Marks)
iii. Ingenuity and Ability to Answer Questions (20 Marks)
iv. Time Management (20 Marks)
v. Knowledge of Law and Moot Problem (20 Marks)
I. The participants shall mandatorily abide by the dress code.
i. For Male Participants: Formal Black Attire with White
Shirt.
ii. For Female Participants: Formal Black Attire with
White Shirt.
VI. Researchers Test:
A. It shall be mandatory for all the Researchers to appear for
Researchers Test of 100 Marks.
B. Researcher Test will include objective questions out of which
75% of the questions shall be based on Constitutional Law,
Contracts, Indian Penal Code, Administrative Law, Moot
Proposition and General Knowledge, and the remaining 25%
will be based on Intellectual Property Right, CrPC, and
Jurisprudence.
C. Researcher Test will be for one hour.
D. Researcher Test will be held on 22nd August 2017 at 15:00.
However, depending upon the exigencies, the Moot Court
Society may in its discretion re-schedule the Researcher Test.
VII. Moot Court Society, in its sole discretion shall be at liberty to
decide upon the number of rounds to be conducted as deem
fit and necessary depending upon the number of registration
received.
VIII. Finality of Judgement:
A. The decision of the Judges and the Moot Court Society with
regard to the outcome of the rounds shall be final.
B. As per the performance in the Intra Moot Court Competition
rankings of the speaker and researcher will be decided.
C. For ranking of speakers, their marks during the oral rounds
will be compiled individually.
D. For ranking of researchers, their marks will be compiled
which will include Researchers’ Test's Marks and Memorial’s
Marks individually.
E. In case of any tie between the marks of the individual
speakers, the winner of the particular court room will be
awarded with one bonus (+1) mark. If any tie subsists then
there shall be a Tie Breaker round.
IX. Composition of the Moot Court Society 2017:
A. Faculty Convener
i. Ms. Divya Singh Rathor
B. Faculty Co- Convener
i. Mr. Nikunj Singh Yadav
C. Student Convener
vii. Mr. S Kumar Ghosh
+91 9045552749
viii. Ms. Maham Raza Haider
+91 8192812440
For any query feel free to approach any of the members of the Moot
Court Society.
IMS UNISON UNIVERSITY, DEHRADUN
INTRA MOOT COURT COMPETITION
25th AUGUST, 2017
REGISTRATION FORM Instruction: 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] and mark cc to [email protected] &
[email protected] to expedite allotment of the team code.
Please read Rules & Regulations of the competition before submitting
this registration form.
SPEAKER I: Enrollment ID: _______________________________________
Gender: _______________________________________
Mobile Number: +91 ____________________________________
Email ID: _______________________________________
SPEAKER II:
Enrollment ID: _______________________________________
Gender: _______________________________________
Mobile Number: +91 ____________________________________
Email ID: _______________________________________
RESEARCHER:
Enrollment ID: _______________________________________
Gender: _______________________________________
Mobile Number: +91 ____________________________________
Email ID: _______________________________________
*Please put your signatures as per the team configuration. I Speaker II Speaker Researcher
MOOT PREPOSITION
BACKGROUND- In the Republic of Indiana, people following many religious
belief reside since time immemorial. The Republic of Indiana guarantees
Freedom of Religion to all the citizens subject to the public order, morality
and health.
Radhika, a 14 years old girl along with her joint family lived in Gholapur which
is completely inhabitated by the followers of Gholian religion. The religion
advocates for Peace, non-violence, sacrifice and brotherhood. As per the
followers of the religion, a person may become “Tapasvi” as per their
discretion as and when their inner conscience allows. The concept of “Tapasvi”
incorporates the idea of renouncing the world, fasting with only food & water
sufficient for mere subsistence and giving up of worldly desires. It is hailed
among the members of “Gholian community” as attainment of immortality of
the soul and body. The practice of renouncing world by fasting is known as
“Kanthara”. Though, the practice is followed after listening to the inner self. It
can be practiced by anyone immaterial of the age.
Radhika’s family which runs Garment business has been following the religion
in spirits since time immemorial. There have been incidences where members
of Radhika’s family have become “Tapasvi” renouncing the world. Radhika’s
Great grandfather and Grand Mother who also practiced “Kanthara” are
glorified, lauded and honoured by the community. Radhika, along with her
cousins has been born and brought up in the joint family seeing various
religious practices including “Kanthara”. One of Radhika’s Cousin named,
Awdhesh, started following the “Kanthara “practice when he was 13 years of
age, however due to detoriating health he was admitted to a hospital in critical
situation. As a result of the practicing “Kanthara” and remaining on fast for
several days, Awdhesh has been partly Paralyzed and is now confined to a
wheel chair.
Radhika on her 14th birthday, on 01/01/2016 has attended a 10 days religious
gathering of the “Gholian” community. After one month of the gathering she
conveyed to her Parents her decision to practice “Kanthara” and becoming
“Tapasvi” by renouncing the world and fasting. Parents of Radhika supported
her decision, and a religious gathering was organized on 20/03/2016 to
announce her decision of becoming “Tapasvi”. In the said gathering, Radhika
was decorated like a bride and all the members who were present hailed her
for taking this decision at such a tender age. From the day of the gathering,
Radhika stopped attending school and meeting her friends. She started
spending all day chanting hymns and confining herself to a single room in
which no one was allowed to enter. She used to take only half cup of boiled
water, twice a day.
After fasting for nearly a week, Radhika started turning Pale & weak and
fainted on 28/03/2016. Radhika on being admitted to the hospital was advised
to stop fasting and feeding by drip was immediate requirement. Radhika
denied breaking her fast and neither Radhika nor her parents allowed doctors
to carry out the required medical treatment. Thereafter, Radhika was brought
back home and she continued her fast.
Again, after one month of beginning her fast on 20/04/2016, one more
religious gathering was organized in Radhika’s house which was attended by
almost all religious followers of the community including the head Religious
leader, Shri. Swami. In the gathering, Radhika, though decorated as goddess
was brought in a palanquin as she was not able to walk or sit. All present in the
gathering including Shri. Swami hailed Radhika as “tapasvi” and took her
blessings by touching her feet.
On 60th day of her fasting in and around mid-night of 20/05/2016, Radhika
became unconscious. On seeing this, family members of Radhika started
celebrating her attainment of “Tapasvihood”, and all the religious leaders of
the community including Shri. Swami was informed about this. All gathered at
Radhika’s house next morning and a ceremonial function was organized to
commensurate her attainment of “Tapasvihood”. When Radhika didn’t show
any sign of consciousness on 21/05/2016 around afternoon, she was taken to a
hospital where she was declared brought dead.
Doctors of the hospital informed police about the unusual death of a minor
girl, Radhika. On the other hand family members of Radhika started celebrating
her death considering it as “attainment of Tapasvihood”. At least 1000 people
attended Radhika's funeral hailing her as a 'baltapasvi'. The funeral procession
was called as 'shobhayatra' - a mark of celebration.
The death of Radhika while practising “Kanthara”, sparked across the nation as
wildfire. Followers of the community hailed this as an attainment of
immortality and erected statute of Radhika as a symbol of Sacrifice. On the
other hand, Child Rights Activists criticized it as immoral and exploitative. One
of the Child Rights NGO named “Khushi”, based in New Valencia, approached
the Police of Gholapur to file a Criminal Complaint against Parents, members of
the Radhika’s family and religious leaders of the community including Shri.
Swami, for abetting the suicide of Radhika, who was a minor girl. The Police
denied registering the FIR on the grounds of religious pressure and law &
order.
The NGO “Khushi”, moved to the Apex Court of the Republic of Indiana under
writ jurisdiction seeking ban on such practices and relief by way of writ of
Mandamus directing Police authorities to register FIR and initiate proceedings
accordingly.
Parents & Family members of Radhika and Religious leaders of the community
including Shri. Swami, presented themselves before the Hon’ble Court through
their Advocate and contended that NGO “Khushi” has no right to initiate
proceeding against them as they have no substantial interest in the matter.
State also appeared through its counsel. One of the main contentions of the
religious leaders was that if at all there is any case, then the same shall not lie
against them as they have not at all forced or convinced Radhika to undergo
the practice. Secondly, no one has forced Radhika to practice “Kanthara” and
she has exercised her Right to profess any religion of her choice, which is
guaranted to every citizen irrespective of their age. They further argued that
Article 25 of the Constitution of Republic of Indiana, guarantees them freedom
of conscience and the right to freely profess, practice and propagate religion.
Further, Republic of Indiana being signatory to United Nations Convention on
the Rights of the Child is duty bound to provide freedom of thought,
conscience and religion to all children under Article 14.
NGO “Khushi” argued that the practice of “Kanthara” is detrimental to the
health of the individual and no one can be allowed, instigated and encouraged
to take their own life because as such in the Republic of Indiana “Attempt to
Suicide” is a punishable offence. Secondly, Republic of Indiana being signatory
to United Nations Convention on the Rights of the Child is under obligation to
protect the interest of the Children as per Article 14.
The matter is listed for hearing before the Hon’ble Apex Court of the Republic
of Indiana. Argue on behalf of petitioner and Respondent.
ASSUMPTIONS:-
(1) The laws of The Republic of Indiana are in 'parimateria' with the laws of
India.
(2) Reservation and treaties entered into by Republic of Indiana are to be
assumed as reservations and treaties entered into by India.