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VII Indraprastha National Moot Court Competition, 2020: Rules and Regulations - Prof. Bane, Lecture notes of Contract Law

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VII INDRAPRASTHA NATIONAL MOOT COURT COMPETITION, 2020
VII Indraprastha National
Moot Court Competition, 2020
27th -29th March 2020
Guru Gobind Singh Indraprastha University
Sector 16-C, Dwarka
New Delhi- 110075
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Download VII Indraprastha National Moot Court Competition, 2020: Rules and Regulations - Prof. Bane and more Lecture notes Contract Law in PDF only on Docsity!

VII Indraprastha National

Moot Court Competition, 2020

27 th^ -29th^ March 2020

Guru Gobind Singh Indraprastha University

Sector 16-C, Dwarka

New Delhi- 110075

RULES AND REGULATIONS

The following Rules shall be called the VII Indraprastha Moot Court Competition, 2020. Wherein,

  • Organizers mean the University School of Law & Legal Studies, GGS Indraprastha University.
  • Competition means the VII Indraprastha Moot Court Competition, 2020.
  • Participating Team/ Institution means the team that has registered itself for the competition as per the rules.
  • Venue means University School of Law & Legal Studies, GGS Indraprastha University, Sec-16-C, Dwarka, New Delhi-110078.

The Rules mentioned herewith are not exhaustive. The Rules shall be strictly adhered to, and any deviation from the same shall result in immediate disqualification, unless exempted by the Organizers. All decisions made by the Organizers in case of any disputes, doubts or other problems of such nature, shall be final and binding on the participating teams. The Organizers further reserve the right to alter, amend or add Rules herein at any point of time and the same shall be informed to the teams. Imposition of penalties is exclusively the right of the Organizers; in case the Rules are not adhered to by the Participating teams.

I. GENERAL:

  1. Date and Venue: The Competition shall be held from 27th March, 2020 to 29th March, 2020 at the University School of Law & Legal Studies, GGS Indraprastha University, New Delhi.
  2. Dress Code : Participants are required to adhere to the formal dress code while present in any court room during the Competition.
  1. Each team shall be allotted a team code ( TC ) and each participant shall be given an individual code. Teams shall not disclose their identity or that of their institution or city etc. Any such disclosure shall invite strict penalty including disqualification. The decision for the same shall be at the discretion of the Organizers.
  2. Scouting is strictly prohibited and shall lead to immediate disqualification at the discretion of the Organizers.

VI. REGISTRATION:

  1. All participating institutions have to confirm participation by sending an email to inmccuslls@gmail.com along with a scanned copy of the Demand Draft and Travel form by 01.02.2020 latest by 1600 hrs.
  2. The hard copies of the filled registration form along with a travel form and draft of Rs. 5000/- should reach at the below-mentioned address by 21st^ February, 2020 ( hrs) to

Dr. Upma Gautam (Moot Court Convenor), University School of Law & Legal Studies, GGS Indraprastha University, Sec-16-C, Dwarka, New Delhi- 110078.

  1. The draft of Rs.5000/- shall be drawn in favour of “Registrar, GGSIPU”, payable at New Delhi and is strictly non-refundable even in case where team decides not to participate post the registration.
  2. Formal registration of the teams shall be done on 27th^ March, 2020 at the venue at 1400 hrs.
  3. Any change in the team composition should be intimated to the Organizers before the Formal Registration.
  4. No forms received after the deadline shall be considered for registration.
  5. Each team shall be assigned a team code ( TC ) upon registration.
  6. All correspondence to the organizing committee shall specify only the team code.

VII. ORAL PLEADINGS:

General Procedures i. There shall be two preliminary rounds, a quarter final, a Semi Final and a Final ii. Each Oral Round of the Competition shall consist of Ninety (90) minutes of oral pleadings. Petitioner and Respondent shall be allotted forty-five (45) minutes each. iii. Two (2) members, and no more than two (2) members, from each Team shall make oral presentations during the round. iv. Prior to the beginning of the Oral Round, each Team shall indicate to the Court Clerk (CC) how it wishes to allocate its 45 minutes among (a) its first Speaker, (b) its second Speaker, and (c) rebuttal (for Petitioner) or sur- rebuttal (for Respondent). No single Speaker shall plead more than twenty- five (25) minutes, including rebuttal or sur-rebuttal. v. Extension of Time at Judges' Discretion - Judges may, at their discretion, extend total Team oral argument time beyond the forty-five (45) minute allocation, up to an additional five (5) minutes per Team. Speakers asked to further expand upon arguments may, in this instance, appear for more than the twenty-five (25) minute individual limit. vi. Order of Submission - The order of the oral submissions in each Round at all levels of the Competition shall be:

Petitioner 1 --> Petitioner 2 --> Respondent 1 --> Respondent 2 --> Rebuttal (Petitioner 1 or 2) --> Sur-rebuttal (Respondent 1 or 2).

vii. Each Team may reserve up to five (5) minutes for rebuttal or sur-rebuttal.

(b) a Team member at counsel table handing a document to an Speaker when that Speaker has been questioned about such document during the course of his or her argument or (c) a written note to assist the Speaker in answering an issue raised by the judges. No other written communication may take place among the Speaker, Team members seated at counsel table, spectators or Team members not present at the counsel table. There is no prohibition on the teams handing over supporting documentation to the judges, but the same should be done through the clerk. x. Anonymity of Teams in Courtrooms- Teams shall be identified by Team Codes and the side of the dispute they represent only. However, Team members may provide their individual names to judges for purposes of conducting courtroom discussions. Participants shall not disclose the identity of their Team through direct or indirect means, including statements to judges, name tags or other signifiers, the placement of folders, files, library books or other materials bearing the name or logo of the school on the counsel table, and wearing of pins or clothing revealing the identity of their school.

Draw of lots i. The draw of lots shall take place after the inauguration on 27th^ March, 2020. ii. To ensure unbiased selection, teams shall be subjected to drawing of lots for the Preliminary Rounds. iii. Half of the total number of participating teams shall be called upon to draw lots to select their opposition. iv. In no circumstance shall any change be entertained after such selection.

Preliminary & Quarter Final Rounds i. The Preliminary & Quarter Final Rounds are scheduled to take place on 28th March, 2020. ii. Teams shall be subjected to two preliminary rounds. iii. The teams shall be arguing on each side during the Preliminary Rounds.

iv. The total of each round shall determine selection to the Semi-final Rounds. v. No two teams shall face each other more than once in the preliminary rounds.

Semi-final Round i. The Semi-final rounds are scheduled to take place on 29th^ March, 2020. ii. The top-four scoring teams shall compete according to the draw of lots. iii. The Semi-final rounds shall be in the nature of knock-outs, i.e., the team with the lesser score shall be evicted. iv. The two teams that emerge victorious shall succeed to the Final rounds.

Final Round i. The Final rounds are scheduled to take place on 29th^ March, 2020. ii. The teams shall argue on the side decided by the draw of lots. iii. The team obtaining a higher score shall be adjudged victorious.

The Oral rounds shall be judged as per the following criteria:

S. NO. CRITERIA MARKS

  1. Knowledge of Facts and Law 20
  2. Application of law to facts 20
  3. Ingenuity and ability to answer questions 15
  4. Presentation Skills 15
  5. Time Management and Organisation 10
  6. Court Etiquettes 10
  7. Logical coherency in Arguments 10 Grand Total 100 Marks

IX. RESEARCHER’S TEST:

  1. The Researcher's Test shall be conducted on 27th^ March, 2020.
  • The Party for which the Memorial has been prepared. ii. The Table of Content iii. The Index of Authorities. iv. The Statement of Jurisdiction. v. The Statement of Facts. vi. The Statement of Issues. vii. The Summary of Arguments. viii. The Arguments Advanced. ix. The Prayer.
  1. Memorial General Format: i. Spacing : 1.5 Line Spacing ii. Margins : One-inch margin on all sides of each page. iii. Font : The font for the body of the memorial shall be Times New Roman, Size 12. iv. The Font for the footnotes : The font of the footnotes shall be Times New Roman, Size 10.
  2. Memorials must be either sewn bound or coil bound. Use of Plastic sheets is strictly prohibited and will invite deductions of 1 mark per copy of the memo.
  3. Page numbering should be at the bottom middle of each page.
  4. The memorials must not contain any annexure /photographs /sketches /exhibits /affidavits etc.
  5. Teams shall cite authorities in their Memorials by way of Blue Book (20th Edition) Style of Citation.
  6. The maximum number of pages in each Memorial shall not exceed 35 pages including 20 maximum pages for Written Submissions/ Arguments Advanced.
  7. Marking Scheme of the Memorials: Every Memorial will be marked on a total of 100 marks and the team memorial marks will be the average of the total of both sides. All memos shall be evaluated on the following basis—

S.NO. MARKING SCHEME MARKS

ALLOTED

  1. Knowledge of Facts & Law 20 Marks
  2. Extent & Use of Research 20 Marks
  3. Structured and Articulate Analysis 15 Marks
  4. Originality in Presentation 15 Marks
  5. Grammar, Style and Coherency 10 Marks
  6. Correct Format and Use of Citation 10 Marks
  7. Original Thought 10 Marks Grand Total 100 Marks

XI. SCOUTING:

  1. Teams shall not be allowed to observe the Oral Rounds of any other teams whatsoever.
  2. Scouting is strictly prohibited as per the Rules of the Competition.
  3. Scouting by any of the teams shall entail instant disqualification.
  4. Any team can file a written complaint to the Organizers for the same. The Organizer’s decision regarding scouting shall be final.

XII. ANNOUNCEMENT OF RESULTS:

  1. The results of the preliminary rounds shall be announced shortly after the rounds.
  2. The winners of the semi-final rounds shall be announced shortly after the conclusion of the rounds.
  3. The winners of the final round shall be announced during the valedictory ceremony.

XI. AWARDS AND CERTIFICATES:

  1. Winning Team Award: INR 25,000.
  2. Runners-up Award: INR 15,000.
  1. No queries or requests for clarifications will be entertained whatsoever after 19th March, 2020.
  2. Clarifications regarding matters other than the moot proposition may be sought from the Organizers.

XV. ACCOMMODATION & FOOD:

  1. Accommodation and Food will be provided from 27th^ March, 2020 (1200 Hrs) till 29 th^ March, 2020 (1200 Hrs). Accommodation shall be provided to all the teams from colleges outside Delhi-NCR region.
  2. If any Delhi-NCR team wishes to book accommodation, they can do so in the same venue as out station teams at their own cost and will be provided assistance from the organisation institution. Under no circumstance will the organizers will bear the cost of accommodation of team belonging to Delhi-NCR region.
  3. Conveyance will be provided to all the teams from Metro Station Sector 14 Dwarka on their arrival. Please note that this will only be done from 0800 Hrs, 27rd^ March,
    1. So teams are advised to plan their travel accordingly.
  4. Conveyance shall be provided for dropping the teams to the Sector 14 Metro Station Dwarka. Sector 14 Metro Station is well connected to Rajiv Chowk, Airport, Railway Station and other metro lines. GGSIP University is at the distance of 1. Km from Sector 14 Metro Station. Teams must send their travelling details by 01.02.2020 along with the registration mail.

XVI. CONTACT DETAILS: In case any queries or clarifications regarding the competition, the teams may contact: Dean, USLLS Prof. A.P. Singh 011-

Moot Court Convenor Dr. Upma Gautam +91-

Moot Court Expert Member

Prof. Kanwal D.P. Singh

Moot Court Expert Member

Dr. Lisa P. Lukose +91-

Student Convenor Ms. Jharna Singhal +91- Student Co-Convenor Mr. Shivam Sachdeva +91- Student Secretary Ms. Aditi Singh +91- Student Secretary Ms. Sameeksha Singh +91-

Or mail their queries at inmccuslls@gmail.com

MOOT PROPOSITION:

1. Aryavarta is a country with a resplendent heritage and heterogeneous

demography. With an exquisite landscape, this country has a dense green-

cover. A billion and quarter population spreading over a continental sized

country, this side of the globe experiences a spectrum of climate dynamics;

from 50 centigrade below zero to the same rising of mercury above the

zero-mark. A country with rich flora and fauna, the culture of Aryavarta

has classically been eco-centric.

2. Sārdapur is a village at a distance of about 300 km from the state capital

of Banga Pradesh: a state located on the eastern coast of Aryavarta. Banga

Pradesh has historically been a political as well as a revolution capital of

the country. The state homes people from various sects and religious

beliefs. For innumerable tribal communities, the forests of the state are the

learning as well as the earning grounds.

3. The village of Sārdapur adjoins the forests of Sindhuban. This forest is one

of the densest forests on the face of the Earth, and maintains the ecological

balance of the sub-continent.

4. The villagers of Sārdapur belong to a traditional tribe community, and are

adept in making baskets and bowls from the leaves and stems collected

from the forest. This craft of the villagers is appreciated all over and makes

Sārdapur the largest manufacturer of recyclable eco-bowls in the world.

5. In the month of December 2018, due to unexpected rainfall, the state of

Banga Pradesh had to face severe floods. The infrastructural damage was

high. The only school in the district, which was located 50 km from

Sārdapur, collapsed due to floods. There was a huge loss in the district due

to the natural calamity. The children of the district had to discontinue their

studies as there was no school in the vicinity.

6. Mr. Ratandas, an industrialist and a philanthropist of repute was a staunch

supporter of Access to Education and the associated rights for the

marginalized. His grandfather played a pivotal role in establishing the

country’s first ‘Institute of Science’ after drawing inspiration from S.

Vireshwaranandam, a visionary monk who hailed from Banga Pradesh.

This archaic relation carved a special place for Banga Pradesh in the heart

of Mr. Ratandas. He proposed to collaborate with the government to

construct an educational institute of global standards for the students in the

Sārdapur and neighbouring villages who were adversely affected by the

natural calamity.

7. The appropriate authority, after following the requisite procedures,

invoked Section 9 of ‘The Right To Fair Compensation And Transparency

In Land Acquisition, Rehabilitation And Resettlement Act, 2013’ [“Land

Act, 2013”, for short] and hence dispensed away with the Social Impact

Assessment and Environment Impact Assessment while acquiring the land

for constructing the educational institute for the public purpose. The land

area for the proposed project included some huts of the villagers of

Sārdapur, a part of Advaita Ashram and a patch of the forest area of

Sindhuban.

8. The proposed institution was to have, apart from schooling till class XII,

a center for forest studies, adventure school, trekking institute, and world-

class stadium to make Sārdapur the capital for athletics in Aryavarta.

9. One Mr. Karmakar S., an artist and a lover of nature, filed a Writ Petition

in the Supreme Court of Aryavarta as a next friend of the Sindhuban forest.

In the petition, it was contented that the forests have a juristic personality

essential feature of their religious practice. It was also contended that the

acquisition of the ashram land infringes upon the right given under Article

26 of the sect. The petition filed by Swami Aatmasthapriyananda was

clubbed with the batch of petitions challenging the project for building an

educational institution at Sārdapur.

14. Due to the floods in December, a considerable land mass eroded in water,

along with the international border between Aryavarta and Bangistan. The

opening of border resulted in large-scale drug smuggling in the country.

On 8th^ June 2019 at 04:00 AM, on a secret information, the police party

did a patrolling at check-posts (naka-bandi) on the road connecting the

village with the state-capital. At about 05:30 AM, a white colour Scorpio

car, which was of the same registration number that was intimated to the

Police through the secret streak, arrived towards the village. When the

police party tried to intercept the same, the driver didn’t stop, rammed the

check-post and drove away the car from the side-road. The police party

pursued the car and after a chase of 30 minutes, the driver ran away

towards the forest leaving behind the car on the un-lighted road. While

searching the car, 10 sacks full of cannabis leaves, each weighing 10 kg,

were recovered. Some Identity cards were found in the dashboard of the

car. These cards included the Unique Identity card (UID) of one Sh. Noor-

ul-Bhattacharyajee, who happens to be the caretaker of the Advaita

ashram, and the Departmental Identity card of the DM of the district.

15. Police registered an FIR under Section 20 (ii) (C) of the Narcotics, Drugs

and Psychotropic Substances Act [‘NDPS’, for short] and Sections 465,

468 and 473 of Aryavarta Penal Code [‘APC’, for short] against unknown

people along with Mr. Noor-ul- Bhattacharyajee, but the name of DM was

nowhere mentioned in the FIR. The police continued the investigation, but

neither anyone was arrested nor a notice was served upon anybody.

16. Sh. Noor-ul Bhattacharyajee came to know about the recovery of a UID

card bearing his name. He filed a copy of his original UID to the SHO of

the concerned Police station and also moved before the appropriate court

under Section 482 of Code of Criminal Procedure of Aryavarta [‘CrPCA’,

for short] for quashing of FIR against him. On the advice of his counsel,

Sh. Noor also sought protection from arrest and thus moved a Criminal

Miscellaneous Petition under Section 438 CrPCA before the appropriate

court. The court clubbed both of these petitions and listed for hearing after

issuing notice to the state.

17. The life of the commoners of the state revolved around nature. The

villagers of Sārdapur celebrate Sneh Diwas, marking their love and

reverence for the nature, on the 26th^ day of June each year. They gather

near the ashram and perform worship at Tulsivan and pray for a balanced

rainfall in the monsoon season. On the day of Sneh Diwas , i.e. 26th^ June

2019, the villagers had gathered at the Tulsivan, when the secretary Swami

Aatmasthapriyananda received an order under Section 133 of CrPCA,

from the office of the District Magistrate, directing the removal of

Tulsivan.

18. Swami Aatmasthapriyananda filed an I.A. in his writ petition challenging

the above order by the DM and sought the stay on the same as interim

relief. The Supreme Court allowed the listing of I.A. along with the writ

petition.

19. A bench, presided by Hon’ble Mr. Justice Amarnath Moitra, is constitute

at the Supreme Court of Aryavarta to hear these petitions clubbed together,

on 29th^ March 2020.