National Moot Court Competition 2017

4th AMITY

NATIONAL MOOT COURT COMPETITION 2017

ORGANISED BY

AMITY UNIVERSITY, RAJASTHAN

Amity Law School, Amity University Rajasthan, Kant Kalwar, NH-11C, Jaipur Delhi Highway, Jaipur, Rajasthan 303007

Phone number:- 8795-8795-01

3rd - 5th March, 2017

ABOUT THE INSTITUTE

Amity University Jaipur has been established by the RitnandBalved Education Foundation (RBEF) New Delhi, which is a society registered under the Societies Registration Act, 1860. It has been set up under the Amity University Rajasthan Act 2008, notified by Government Notification No F.2(10 ) vidhi/2. The University has a beautiful tree-lined campus spread over 152 acres of land on the Delhi Jaipur Highway. The campus includes a rainwater harvesting lake with running fountains, a Neem forest, and an Amphitheatre that can seat 1,500 spectators.The academic blocks have large and spacious air-conditioned classrooms, lecture theaters and state-of the-art labs. There are separate hostels for boys and girls, and a Student Resource Centre that has restaurants, gym, library, dance room, billiards and TT room. The University provides a range of outdoor activities that include horse riding, golfing and trekking.

The University imparts modern, practical and research-based courses whose goal is to make the students industry-ready. Case studies, industry projects, presentations, research work and role-play form an integral part of a student's tenure at Amity.

At Amity we benchmark only against the best institutions around the world. Our faculty and senior team travel all over the globe to learn and imbibe the best practices so that we can give a solid foundation for learning. Over 4000 students have got on-campus placements this year and over 800 students gave been placed even one year before graduating. Only the best of the students get admission in Amity. Every student goes through a personal interview, GD & written test (course dependent) to ensure that the best students are shortlisted. On an average, only 1 out of 10 students gets selected.Biggest strength of Amity is a unique Corporate Resource Centre to facilitate excellent placements. Alumni all over the world in leading companies like McKinsey, Ernst & Young, HLL, and Reliance.Over 4000 students have got on-campus placements this year and over 800 students gave been placed even one year before graduating.Leading companies across various disciplines come for campus placements at Amity. In technical courses, nearly all students are placed even one year before the completion of the course.

The University also has a unique mentor-mentee system, where every student is guided by a Faculty member. The Faculty member not only addresses the academic problems faced by students but also counsel’s students on personal issues.

The Amity University Jaipur is considered a pioneer in the field of higher learning for introducing the path-breaking Flexi-credit course. Under this course, the students choose the subjects they want to study, and at a time of their convenience.

Personality Enhancement is greatly stressed at Amity and all students undergo special classes and workshops for this, whilst innovative activities like military training camps ensure that Amitians become true leaders.

INVITATION LETTER

To

The Director/Dean/Principal/Head of the Department.

Subject: Invitation for Participation in 4th Amity National Moot Court Competition, 2017

Respected Sir/Ma’am

Amity University, Rajasthan cordially invites your esteemed institution to participate in the 4th Amity National Moot Court Competition 2017, scheduled to be held from 3rd - 5th March, 2017 in the college premises. Amity University, Rajasthan firmly believes in the holistic development of students through moots and other co-curricular activities. We would like to invite your prestigious college to participate in this particular Moot Court Competition and contribute to make it a greater success.

We look forward to welcome your esteemed institution.

Thanking you

Sincerely

NityaNand Pandey

Assistant Professor

Convener (Amity Moot Court Society)

M. 8795-8795-01

E-mail-

RULES AND REGULATIONS

INDEX

1. AIM AND PURPOSE

• To give exposure to students pursuing the law course to the environment of the court system in India and to hone their advocacy skills.
• To provide a real life experience cum training in doing cutting edge research, presenting ground breaking arguments and contributing to the development of jurisprudence in concerned areas of law.

1. DATE AND VENUE

1. LANGUAGE

• The official language for the Competition shall be English only.

1. DRESS CODE

• Inside the court room the participant shall follow the below mentioned dresscode.

i)Females: white salwar kurta & Dupatta or white shirt and black trousersalong with black coat, tie and black shoes.

ii)Males: white shirt, black trousers, black tie along with black coat andblack shoes.

• The dress code for all the functions at the competition shall be western formals for gentlemen and western or Indian formals for ladies.

1. ELIGIBILITY

• The Competition shall be open for ‘bona-fide’ students who are pursuing an integrated 5 year LL.B. Programme or 3 year LL.B Programme from an institute/university in India. Such Institute/University must be recognized by the Bar Council of India.

1. TEAM COMPOSITION AND ELIGIBILITY CRITERIA

• Team shall comprise of three (3) members ONLY out of which two (2) will be speakers and one (1) researcher.

• Each Law College/ University shall be eligible to send one team. Team should not disclose the identity of their institution in course of proceedings in the court rooms; such disclosure shall invite penalties including disqualification.

• Each team shall be provided with the team code by draw of lots followed by exchange of memorials.

1. REGISTRATION

• Maximum 50 teams shall be registered on first come first serve basis by sending a soft copy of the properly filled registration form along with a scanned copy of a demand draft via an email to provisional Email registration for the competition shall close on 31.01.2017. The final registration must be done by 15.02.2017 by sending the hard copies of Registration form and Demand draft
• Teams shall post the hard copies of the properly filled registration form along with a demand draft of Rs.3000 /- which must reach the organizers by 15 February, 2017 before 5 p.m. at the following address: Amity Law School, Amity University Rajasthan, Kant Kalwar, NH-11C, Jaipur Delhi Highway, Jaipur, Rajasthan 303007
• A registration fee of Rs.3000/- is to be sent by way of Demand Draft drawn in favor of “AMITY UNIVERSITY RAJASTHAN” Payable at “JAIPUR” along with the registration form
• Teams should clearly mention the participants’ name, e-mail id, contact no. Including Year/semester of study
• No change in the names of the participants shall be permitted after the receipt of the Registration Form, except at the sole discretion of the Organizers.
• Forms received after the deadline shall not be considered for registration.
• The organizing committee has the exclusive right to decide in case of any dispute related to the registration. The decision of the organizing committee in such a case shall be final

1. COMPETITION ROUNDS

There shall be two preliminary rounds, quarter finals, semi-finals and a final round spreading over a period of 3 days.

• DRAW OF LOTS

i)The draw of lots shall take place at the time of formal registration in the campus.

ii)To ensure unbiased selection, teams shall be subjected to drawing of lots for the Preliminary Rounds.

iii)In no circumstance, shall any change be entertained after the draw of lots.

• PRELIMINARY ROUNDS

i)Every team will play two rounds.

ii)Each team shall argue from either side (appellant and respondent) in every round as per draw of lots.

iii)No team shall face each other more than once in the preliminary rounds.

iv)Each team shall face a different bench in their each round of arguments.

v)The marks of the EACH preliminary round shall be the cumulative total of the marks of both the speakers and the marks of the memorial of the side in which they are appearing.

vi)TOP EIGHT (8) teams shall move to the quarter finals on the basis of the marks of the preliminary rounds

vii)The following criteria shall be observed in deciding teams which are to move in quarter finals.

a)The teams that have TWO WINS in preliminary rounds shall proceed to the quarter final.

b)In case less than 8 teams are able to score two wins then teams that have 1:1 win loss ratio shall advance based on their aggregate score in the Preliminary Rounds.

c)In case of tie between teams, in preliminary round, the researcher shall be examined and marks obtained by him shall be counted to decide the winner.

• QUARTER FINALS

i)Eight (8) teams shall compete in quarter final.

ii)It shall be a knock out round. The winner of each round shall move to the semi-final. Four (4) teams shall move to semi- finals.

iii)The criteria of marking in this round are aggregate total of the marks of both the speakers.

iv)In case of tie between teams, in quarter finals, the researcher shall be examined and marks obtained by him shall be counted to decide the winner.

• SEMI FINALS

i)Four (4) teams shall compete in semi-finals. The criteria of qualifying in semi-finals have been same as per quarter final.

ii)It shall be a knock out round. The winner of each round shall move to the Final.

iii)The criteria of marking in this round are aggregate total of the marks of both the speakers.

iv)In case of tie between teams, in semi-finals, the researcher shall be examined and marks obtained by him shall be counted to decide the winner.

• FINAL ROUND

i)There shall be one (1) FINAL ROUND.

ii)The marking criteria in Final Round is same as that of semi final.

• MARKING CRITERIA FOR THE ARGUMENTS IN EACH & EVERY ORAL ROUND

The following will be the Marking Criteria and the Marks allocated to each Speaker by each Judge in the Round:

RESEARCHER’S TEST

• Researcher test shall be conducted only in case of tie between two team.
• The test shall contain 10 questions related to moot preposition and the law applicable and the researcher will have 10 minutes to answer these questions.

1. MEMORIAL

• All requirements have to be strictly followed. Non-adherence to the same shall result in disqualification subject to the discretion of the organizers.
• Each team shall prepare memorials for both the sides to the dispute. i.e. appellant and respondent
• No extension shall be granted to any team for memorial submission in any case.
• Six (6) hard copies for each side (appellant and respondent) must reach the organizers latest by 28.02.2017
• Format of Memorials

i)Cover page / Case title.

ii)Index.

iii)Index of Authorities.

iv)Abbreviation

v)Statement of Jurisdiction.

vi)Synopsis of Fact.

vii)Summary of Arguments.

viii)Arguments Advance.

ix)Conclusion.

x)Prayer.

• Memorial General Format

i)Memorial shall be typed on A4 size page in

ii)Font type : Times New Roman,

iii)Font size : 12,

iv)1.5 line spacing & 1 inch margin on each side.

v)Blue Book (9th Ed.) Pattern shall be followed.

• The memorial shall not be of more than forty (40) pages and the Arguments shall not exceed more than twenty five (25) pages
• The Cover Page of the Memorial must be in

i)Blue for the Applicant Cover Page and

ii)Red for the Respondent Cover Page.

• The Memorial must be spiral bound ONLY.
• Participants are allowed to frame sub-issues.
• The Memorial must not contain any Annexure/Photographs/ Sketches/Exhibits/Affidavits etc.

• The Memorials shall not, in anyway, disclose any fact pertaining to the identity of the Participating Team, its Members, or the Institution/College/University represented

• MARKING CRITERIA FOR MEMORIALS

The following shall be the criteria for marking the memorials:

A penalty of two (2) marks for each side of memorial shall be entailed on each days default in submissions of memorials. Maximum 5 days delay shall be acceptable.

1. SCOUTING

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

1. TIME MANAGEMENT FOR EACH AND EVERY ROUND

• Each team will have a maximum of thirty (30) minutes to present their Oral Submissions in Each & Every Rounds. 10 Minutes for rebuttal and 5 Minutes for Re-rebuttal will be additional.
• No speaker will be permitted to address the Court for more than twenty minutes. At the commencement of each session of Oral Submissions each team shall notify the Court Officer as to the division of time between the 2 speakers.
• If any speaker continues to speak after the completion of his/her time, he/she shall entail penalty which shall be one mark for every minute.

1. AWARDS

• Winning Team Award:

• The winning team will receive a trophy and a cash prize of 20,000/-.

• Runners-Up Award:

• The 1st runners up will get a trophy and a cash prize of 15,000/-.

• Best Student Advocate:

• Best student advocate will get a trophy and cash prize of 5,000/-.

• Best Memorial award will be given to the researcher as a trophy and cash prize of 5,000/-

• Certificate for participation will be given to all the participants.

1. ACCOMMODATION & FOOD

• Food will be provided to all the teams by the Organizers.
• Accommodation and Food will be provided during the days of the competition only.
• The teams are supposed to submit their journey plan with the final memorial submission in soft copy

1. MISCELLANEOUS

• During the course of oral submissions the participants will not be permitted to make any audio/visual representation nor will they be allowed to use personal computers, laptops and any other technical or mechanical device, except the hard copy of memorial.
• In the support of speaker’s argument, the researcher can produce the documents if he asked to do so.
• If at any instance a submission is made with any material in violation to the above clause and if any picture, sketches, photos, cartoons, caricatures, audio film, video film, projector-slide or a computer generated image is submitted or presented to court, the teams shall be disqualified from the competition forthwith.
• During the course of the Oral Submissions no speaker shall neither reveal his/her identify nor the identity of their University / College by any means whatsoever.
• The decision of the judges as to the Marks allocated to any team shall be final.
• No team or any of its members or anyone connected with any team will be permitted to sit or hear the arguments in any court room in which that team is not one of the contesting teams. For the violation of this rule strict action may be taken against the team, even ranging to the disqualification of the team from the competition.
• If there is any dispute in regard to the interpretations of the rules or with respect to any matter related to the competition which is not contemplated in the rules, the decision of the Organizers shall be binding and final.

1. CONTACT FOR QUERIES:

In case any queries or clarifications regarding the competition, the teams may contact:

1. PROPOSITION

Gauri and Raghvendra Singh Shekhawat got married on 1st January, 2013 and living at village Isarda, District Tonk, Rajasthan, with their joint family. Their family consist of her father-in-law Bheem Singh Shekhawat, her mother-in-law Yashodhara Devi, her brother-in-law Dev Singh Shekhawat, one unmarried sister-in-law Nidhi, and another married sister-in-law Anita w/o Suryadev Singh Shekhawat living at the same village Isarda with her in-laws. After marriage on 1st January, 2013 the couple was living a happy life but the things got changed after the death of Gauri’s father-in-law Bheem Singh Shekhawat due to a heart attack on 1st October, 2013, as now Raghvendra has to take care of entire family and fulfil all the family responsibilities.