"ज्ञान, विज्ञानआणिसुसंस्कारयांसाठीशिक्षणप्रसार"

- शिक्षणमहर्षीप. पू. डॉ. बापूजीसाळुंखे

Shri Swami Vivekanand Shikshan Sanstha Kolhapur’s

LAW COLLEGE, OSMANABAD

(MaharashtraState)

Phone No – ( 02472 ) 222990 e-mail – : Webcite:

To

The Principals/Registrars / H.O.D.of All Law Colleges /Universities in India

Subject: Invitation to participate Dr. Bapuji SalunkheMemorial National Level Moot - Court

Competition-2018

Dear Sir/Madam,

It gives me great pleasure to inform you that our college is organizing National Level Moot - Court Competition, with an object to elevate the best talent of the students of Law Colleges from all over India,scheduled on 24th25th Feb 2018.

I request you to send a team of three students of your college / University to participate in this event. and confirm your team’s participationthrough emailon or before 15th Feb 2018 to ... We will provide food and accommodation facilities for the outstation teams for the duration of the event only.

Please find the schedule of Moot-Court competition details, rules, registration form and contact information attached herewith.

Eagerly awaitingtheparticipation of your Team. No age restriction.

Thanking You,

Yours Sincerely,

(Dr.B.H.Choudhary)

Principal

09422377595

Note:-

  1. Osmanabad city (Dist.Osmanabad) is well connected to Mumbai, Pune, Parbhani, Hyderabad, Nagpur,Kolhapur and Nanded by Train and Buses. The other places are well connected by M.S.R.T.C. Buses as well as Travels.
  2. Solapur city as well as Kurduwadi Junction are well connected by railway from all most all the cities. Solapur & Kurduwadi Junction are around 60 K.M. distance by road to Osmanabad. Bus frequency available.

Shri Swami Vivekanand Shikshan Sanstha, Kolhapur’s

LAW COLLEGE, OSMANABAD (Maharashtra)

MOOT COURT PROBLEM – 2018

The Mahapradesh Law Colleges Managements’ Association

Vs

The Bar Council of Mahishmati & Another

Mahapradesh is one of the States of the Union of Mahishmati, governed by Constitution similar to that of The Constitution of India. The State government decided to conduct CET for admission in to Law courses from the academic year 2016-17 onwards through Government Resolution No. 111 dated 01-01-2016 and informed all law colleges/Universities, which are offering law courses stating that the admission process for 1st year of 3 and 5 year LL.B Courses will be done through the CET known as ‘Mahapradesh Common Entrance Test-Law’. The State Govt. also informed that the law colleges/Universities which are having Government Permission, University Affiliation and the Approval of The Bar Council of Mahishmati (hereinafter referred as BCM) are only be allotted candidates. The government directed through its circular directed all law colleges to obtain the necessary approvals from the respondent No.1, i.e., the BCM by remitting the prescribed inspection fee within the specified time.

Being aggrieved by these conditions, The Mahapradesh Law Colleges Managements Association filed a Writ Petition in the Hon’ble Supreme Court against BCM and the State of Mahapradesh and sought the relief of allotment of candidates to all Law Colleges which were duly permitted by the Government and Universities and further prayed to direct the BCM, and the State Government to refund the inspection fee collected by the BCM with interest and to declare that ‘no approval is needed’ from the BCM.

The petitioner association contended that its Law Colleges cannot be compelled to get approval of BCM as there is no such statutory compulsion either under Mahishmati University Grants Commission Act, The Advocates Act, 1961 or Mahapradesh Universities Act, 1994 subsequently replaced with Mahapradesh Public Universities Act,2016. Further the BCM is not entitled to fix and collect the inspection fee without consulting the stakeholders. The petitioner’s association expressed its serious concerns about the competency, integrity and honesty of Inspection Teams of BCM. Further it has contended that the statutory duties/functions of the BCM are to regulate the legal profession only.

The respondent BCM has stated that it has derived the authority from The Advocates Act, 1961 and the Rules framed there under from time to time to regulate and maintain the standards of legal education. The respondent BCM further submitted that the students who are admitted and passed out from such colleges without approval from BCM will not be eligible or permitted to enroll as Advocates. It further stated that the petitioner and the State Government will have to face severe consequences for such unlawful admissions.

The second respondent State Government categorically submitted its say stating that the respondent no.1 has no role to play except to confine to its functions as per Sec.7 (1) (h) (i) of The Advocates Act,1961. Further it has stated that during the pendency of the present Writ it has withdrawn the circular compelling the Law Colleges to obtain approval from the BCM.

The said case is posted for final arguments of Petitioner and Respondent No.1.

ISSUES BEFORE THE SUPREME COURT:

  1. Whether the Rules of Legal Education, 2009 framed by the BCM be declared null and void to the extent that they are in contradiction with the provisions of The Advocates Act, 1961.
  2. Whether the BCM’s denial of enrolment of any candidateas an Advocate, who passed out from any Law College without its approval of affiliation is constitutionally valid?
  3. Whether the BCM and Government of Mahapradesh are liable to refund the inspection fee collected with interest?

The counsel for the parties may also refer the following for arguments:

  1. The Advocates Act, 1961 and Functions and Powers of BCM are very much replica of The Advocates Act, 1961(India) and Bar Council of India Rules under Part IV.
  2. The Advocates Act, 1961 and the Rules framed there under from time to time relating to Legal Education.
  3. The University Grants Commission Act, 1956.
  4. The Maharashtra Universities Act, 1994/ Maharashtra Public Universities Act, 2016 and the Reports of Law Commission of India.

…….

"ज्ञान, विज्ञानआणिसुसंस्कारयांसाठीशिक्षणप्रसारü"

- शिक्षणमहर्षीप. पू. डॉ. बापूजीसाळुंखे

Shri Swami Vivekanand Shikshan Sanstha- Kolhapur’s

LAW COLLEGE, OSMANABAD

Dr. Bapuji Salunkhe MemorialNational Level

Moot - Court Competition–Feb. 24th & 25th 2018

SCHEDULE

Saturday, 24th February 2018

09.00AM To 10.00AM……………………...Registration and Snacks

10.00 AM To 11.00 AM……………………... Inauguration

11.00 AM To 12.30PM……………………... Orientation and Draw of Lots forpreliminary

Roundand Exchange of Memorials

12.30PM To 01.30PM ……………………...Lunch

02.00 PM onwards ……………………... Preliminary Round

07.30 PM To 08.30PM ……………………… Dinner

08.30PM ……………………… Announcement of result of Preliminary

round and draw of lots for Semi-Final

and Exchange ofMemorials.

Sunday, 25th February 2018

06:00 AM To 07.30 AM …………………... Visit to TuljaBhavani Temple, Tuljapur

For Darshan. (One of the Shakthi peets)

(Law College, Osmanabad arranges this trip).

07.30AM To 08.30 AM……………………. Break-fast

9.00AM To 10.00 AM …………………..... Semi Final Round

11.00AM ………………..…… Announcement of Result of Semi Final

Round and Draw of lots for Final Round and Exchange of Memorials

12.00PM ……………………… Lunch

01.00 PM To 03.00 PM ……………………… FINAL Round

03.00 PM To 03.30 PM ……………………… Tea Break

03.30 PM To 04.30 PM ……………………… Valedictory Function

1

RULES FOR THE MOOT - COURT COMPETITION

  1. Composition of teams:
  2. Each team shall comprise three members i.e. two speakers and one Researcher
  3. Each team shall have a maximum number of two speakers.
  4. All the team members will be given a special code number which is the identity of the

team and its members.

  1. Teams should not reveal the identity of their college /personal identity. If revealed such

team shall be disqualified. The discretion of the organizers is final.

  1. All the participating teams will be given Certificate of Participation.
  1. Details of Rounds
  2. The Moot - Court competition shall comprise the following three rounds :
  1. Preliminary Round
  2. Semi Final Round
  3. Final Round
  4. For the preliminary round each team will have to argue with another team as per the draw of lots.
  5. The top four teams on the basis of their aggregate marks in the preliminary round will move to the semi final round.
  6. The top two teams, on the basis of their aggregate marks in the semi finalround will move to the final round.
  7. In case of a tie, in any round, the aggregate marks scored in preliminary round and the marks scored in for the memorials shall be considered.
  8. At the end of final round, the team which scored the highest aggregate marks shall be declared as winners and the other shall be the runner up.
  1. Memorials

The memorials shall consist of the following -

1Each team shall submit six copies of memorials for both sides during orientation.

2All teams are advised that the identity of the teams or the names of the Participants should not be revealed in the memorials in any manner whatsoever.

3All memorials submitted must confirm to the following necessary requirements, failure of which such team may suffer negative marking.

4 Memorials must be printed on A4 size paper with black ink only.

5 The font of the body of memorials must be TIMES NEW ROMAN, size 14 double line spacing.

6 The petitioner /respondent memorials must be differentiated by BLUE COVERS for the petitioner and RED COVERS for respondent.

7 The footnoting must be uniform throughout the memorials.

8 The font of the foot-note must be TIMES NEW ROMAN, size 10, single line spacing

9 Each page of the memorials must have a margin of at least one inch on all sides

4.About Oral Submissions

Each team should have two speakers who shall divide the oral submissions between themselves. It is necessary for both the speakers to speak for preliminary round,

Each team shall have a maximum time of 20 min. to present their oral submissions out of which one Mooter can address the court for not more than 15 min.

In the Semi final round, a maximum time of 30 min. shall be given to each team to present their oral submissions out of which one mooter can address the court for not more than 20 min.

In the final round, a maximum time of 45 min. shall be given to each team to present their oral submissions out of which one mooter can address the court for not more than 30 min.

The above-mentioned time slot shall be inclusive of the time that each team may want to reserve for their Rebuttals. Sur –rebuttals are not permitted.

It is necessary for each team to notify the court officer as to the division of time between the two speakers.

Extension of the specified time limit is left to the discretion of the Judges and no complaints/appeals regarding this time limit shall be considered.

5.Criteria/Allotment of Marks

For perusal of facts 10 Marks

For Knowledge & Application of Law 30 Marks

Response to Court Questions 10 Marks

Presentation and Advocacy Skills 20 Marks

Memorials 20 Marks

Court Manners 10 Marks

Total : 100 Marks

a)The decision of the judges for the three rounds shall be final and binding thereto.

b)The teams will not be allowed to observe the oral submissions of any other team. If any complaint as to this will lead to the disqualification.

  1. Details of Prizes

1st Prize – Rs.5000/- with Memento 2nd Prize – Rs 3000/- with Memento

1st Best Mooter Rs.1000/- 2nd Best Mooter Rs.1000/-

The last date for the confirmation of registration is 15th February 2018.The teams can confirm their participation through any mail of the following list.

The colleges / teams may feel free to contact the below phone numbers for any clarificationor further information between 11.00 AM to 9.00 PM on any day.

NumberEmail id

  1. Law College (02472) 222990
  2. Dr. B. H.
  3. Prof. E.Ranga Rao 7989569673
  4. Dr. Katari Srinivasa Rao 09422377775
  5. Prof. Murali Krishna
  6. Prof. V.G.Shinde
  7. Prof. N. R.
  8. Prof. I. S.
  9. Prof. S. J.
  10. Dr. M. D. Golwal (Librarian)

------

“ज्ञान, विज्ञानआणिसुसंस्कारयांसाठीशिक्षणप्रसार”

- शिक्षणमहर्षीप. पू. डॉ. बापूजीसाळुंखे

Shri Swami Vivekanand Shikshan Sanstha- Kolhapur’s

LAW COLLEGE, OSMANABAD

(Maharashtra)

Dr. Bapuji Salunkhe Memorial

NATIONAL LEVEL MOOT - COURT COMPETITION-2018

-- REGISTRATION FORM --

Name & Address of Institution:

Phone. No. :

E-mail :

Mooter I :

Address: -

Mobile No. :

E-mail I.D.:

Class :

Mooter – II

Address:

Mobile No. :

E-mail I.D. :

Class:

Researcher

Address:

Mobile No. :

E-mail I.D. :

Class:

Note: - Fill the names in capital letters.

1