dr. swati bhati memorial moot court competition...“dr. swati bhati advocate (1973-2010) was an...

DR. SWATI BHATI MEMORIAL MOOT

COURT COMPETITION

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 COURT

COMPETITION

INTRODUCTION

Dr. Swati Bhati Memorial Moot Court Competition (hereinafter

"Competition") provides an opportunity for law students to become acquainted

and proficient in law related issues, including related principles and

jurisprudence. Furthermore, it also offers an opportunity for students to practice

and hone their skills in the art of argumentation.

“Dr. Swati Bhati Advocate (1973-2010) was an eminent lawyer in Rajasthan

High Court Jaipur Bench. She completed her graduation from Kamla Nehru

College Jodhpur and attained the subsequent degree of Bachelors and Masters

in Law from Jai Narayan Vyas University Jodhpur. Her penchant to learn more

did not stop here and she further did her Ph.d in law on the subject "The roles

and 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 make

it 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 thumping

majority 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. She

achieved excellence in writ jurisdiction, apart from Revenue cases, Panchayat

cases, service matters and company matters. She was not born great, 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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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 a deed of sale in favour of defendant No. 2, M.

Krishna Reddy. On or about 30th January, 1982, defendant

No. 2 disposed of the said property in favour of defendant

No. 3. Plaintiffs-Respondents who are the daughters of

original defendant No. 1 filed a suit on 30.7.1982 before

the City Civil Judge, Bangalore on 30th July, 1982 inter

alia praying for the following reliefs.

"(a) declaring that the Plaintiffs are also lawful heirs

entitled to the bequests 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 the defendants, their agents, servants from

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demolishing, altering, constructing or reconstructing the

suit schedule property.

(c) Grant cost of the suit; and"

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

party.

The bungalow which was the subject matter of the suit was

demolished 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 framed as 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

fees

The City Civil Judge, Bangalore by a judgment dated

6.1.1993 dismissed the suit, inter alia, opining that the suit

was barred by limitation as also for non-joinder of parties.

It was also held that the court 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 aggrieved party wishes to move the honorable

Supreme Court under Article 136 of Constitution of India.

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DR. SWATI BHATI MEMORIAL MOOT COURT

COMPETITION - 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 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 their

REGISTRATION FORM via email to [email protected] by 18th

July 2014 in order to confirm their participation.

MODE OF PAYMENT-

Through Demand Draft in the name of “Nominee 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).

Send Demand Draft/ Cheque along with Registration Form addressed to- Mr.

Shubham Modi, 1ST

„B‟ ROAD NEAR VIVEK VIHAR HOSTEL, GOLE

BUILDING, SARDARPURA, JODHPUR (RAJ.) by 19th

July, 2014.

Participants are required to inform their mode of payment via mail at

[email protected]

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

team)

Other information is available on Facebook Page: JNVU 5YDLC Academic

Committee 2013-14 or at www.lexreporterindia.com. Last date for

registration is 19th

July, 2014.

NOTE: Limited Registrations (16 teams only on first come first

serve basis).

II. PARTICIPATION AND ELIGIBILITY:

A. Eligibility

All law schools, law faculties, and institutions with law related degree

programs within Rajasthan are eligible to participate in the Competition. All

determinations of eligibility are in the discretion of the Dean.

mailto:[email protected]


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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 the

relevant 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 graduating

from any type of law degree program; and

is not pursuing any post-graduate degree programme from any university

or institution.

The number of participant teams shall be limited. The preference to teams

shall be given in order of their registration.

B. Team Composition

Team shall be consisting of 3 members: 2 Speakers & 1 Researcher. The

team members must satisfy the eligibility requirements stated in II.A.

C. Team Anonymity

Teams will be assigned “team codes” on 27th

July 2014 through messages

or mails. The participating teams and their companions must not reveal their

identity to the judges or in the memorials, whether intentionally or

inadvertently, such as by using their names, or other similar initials, or

slogan. 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 Academic

Committee 2013-14 or www.lexreporterindia.com

B. Clarifications

For clarification students can contact:

Mr. Shubham Modi (Convener) – 9782408101

Ms Chitrangda Rathore (Chief Organizer) - 8764344236

Ms Sneha Purohit (Head Speaker) - 9460027822

IV. THE MEMORIALS:

A. Submission of Memorials

Each team participating in the Competition is required to send one soft copy

of Petitioner and Respondent Memorials by via email at

[email protected]


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The last date for your memorial submission via email is 2nd August i.e. the

soft copy should be submitted latest by 23:59 hours on 2nd

August. The last

date for the submission of the hard copy of memorials is 5th

August latest by

23:59hours.

Memorials submitted to and received beyond the specified date will be given

the corresponding point deduction(s).

The Teams are required to send two (2) hard copies of their Petitioner and

Respondent Memorials through speed post/courier addressed to “P.A. to the

Dean Office, Faculty of Law, Jai Narain Vyas University, Jodhpur

(Rajasthan)- 342001” and teams are also required to bring 5 hardcopies

from each side along with them.

Revisions to the Memorials shall not be allowed once submitted. Delay in

the 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 Memorials

All parts of the Memorial must be in Times New Roman, Size 12, with 1½

line spacing and printed on A4 size Page. Quotations and footnotes shall

have the same format but with single line spacing except between separate

footnotes. The Memorials must have corresponding page numbers.

The Memorials must be properly stapled.

The Cover Page, Table of Contents and Index of Authorities must be

double-spaced.

The Pleadings section of each Memorial, including the Summary of

Arguments, Conclusion/Prayer for Relief and citations, shall not exceed

7 pages. Pages in excess of the maximum shall have a corresponding

deduction in the team’s Memorial score, to wit:

• 1-2 pages, deduction of 5 points

• 3-4pages, deduction of 10 points

• Over 4pages, deduction of 20 points

C. Parts of the Memorial

1. Cover Page

The cover page should bear the following information:

• The team code followed by “Petitioner” for the Petitioner’s Memorial

(Format: 21Petitioner) or “Respondent” for the Respondent’s Memorial

(Format: 21Respondent). This must be indicated on the upper right corner of

the cover page

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• Name of the Court, Title of the case

• And the front page for Petitioner must be blue colored and that of

Respondent must be red colored

2. Table of Contents

The Table of Contents must list all the contents of the Memorial, including

the headings and sub-headings.

3. Index of Authorities

The Index of Authorities provides a list of the authorities cited in the

Memorial, i.e., laws, commentaries, cases, and other articles used as

references.

The list must be segregated according to type of source (i.e. treaties, judicial

decisions, etc.). It must specify the pages in the Memorial where each

authority is cited.

4. Statement of Facts

The team must present the facts found in the Compromis in a form according

to the team’s position without adding or distorting the facts or making

unreasonable inferences therein.

5. Summary of the Pleadings

The Summary of the Pleadings provides a substantive summation of the

arguments presented in the Memorial. It should not be a reproduction of the

headings 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 on

which the arguments are founded.

7. Conclusion/Prayer for Relief

The 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 the

summation of the team’s case.

D. Research and Assistance

The team members shall solely be responsible for the research, writing, and

editing of the Memorials.

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E. Plagiarism

Definition of Plagiarism: Plagiarism is defined as the act of incorporating

into one’s work a substantially similar portion of another’s work without

adequately 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 in

question. Penalties, including but not limited to disqualification from the

Competition, will be assessed at the discretion of the Judges and Faculty

Administration.

V. THE PAIRING PROCEDURES:

The pairing of teams for the Preliminary rounds as Plaintiff or Defendant

shall be determined through a random draw by one of the team member. No

team shall compete against the same team twice in the Preliminary rounds.

VI. THE ORAL HEARING PROCEDURES:

A. The Rules applicable to all the rounds

1. Each team shall consist of a first counsel and a second counsel, as

designated by the team.

2. The order for the oral arguments is as follows: • Petitioner 1

• Petitioner 2

• Respondent 1

• Respondent 2

• Rebuttal, if any (Petitioner 1 or 2)

• Surrebuttal, if any (Respondent 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 indicate

at the start how long each counsel will speak and the time allotted for the

rebuttal or surrebuttal. The time of the first counsel shall begin from the entry

of appearance.

5. Time Limitations. The remaining time in the oral arguments, if any, may

not be used to extend the time allocated for rebuttal or surrebuttal. Neither

can the time allocated for rebuttal or surrebuttal be used to extend the time for

oral arguments.

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6. Rebuttal may be waived. If the Petitioner waives the rebuttal, the

Respondent shall not appear for surrebuttal.

7. A counsel may ask the Court for an extension before the end of his/her

designated time. The Court has the discretion whether to allow such request

for extension.

8. There will be a timekeeper who will notify the counsels when they have:

• 5 minutes left

• 1 minute left

• 30 seconds left

• No time left

9. Any communication at the counsel table shall be in writing to prevent

disruption. The team members must avoid any noise or inappropriate

behavior which may disturb the proceedings.

10. Team members are not allowed to communicate with the audience.

11. During the Preliminary and Quarter-final rounds, team supporters are only

allowed to observe the match. The Semi-final and Final rounds are open to

everyone.

12. Participants and members of the audience are not allowed to use

electronic devices such as laptops, tablets, handheld computers, mobile

phones, mp3 players, cameras, recorders and other similar gadgets during the

rounds.

B. Rebuttal and Surrebuttal

The Petitioner's Rebuttal shall be limited to the points raised in the

Respondent's Oral Presentations. The Respondent's Surrebuttal shall be

limited to the points raised in the Petitioner’s Rebuttal. Any infraction of the

foregoing shall incur deductions of up to ten (10) points from the total team

score in the round.

C. The Preliminary Rounds

All participating teams that have submitted their Memorials shall participate

in the Preliminary Rounds. Each team shall argue twice in the General

Rounds, once as Petitioner and once as Respondent.

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D. The Quarterfinal Round

The top eight (8) teams in the Preliminary rounds, based on their aggregate

scores in the oral rounds and their memorials, shall advance to the Quarter

Final 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 Semifinal

round.

E. The Semifinal Round

The winners in the Quarterfinal round shall compete in the Semifinal round.

The sides will be determined by a draw of lots.

F. The Final Round

The two winners in the Semifinal round shall compete against one another in

the 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 Memorials

Each 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 Rounds

The oral presentations in the Preliminary, Quarterfinal, and Semifinal round

shall be evaluated by at least two judges bench. And Final round shall be

evaluated by at least two judges bench. At least one judge in the Preliminary

rounds, Quarter-final, Semi-final and two judges in the Final round shall be a

current or former judge / lawyer / professor or an expert.

In each of the Preliminary, Quarterfinal, Semifinal and Final rounds, the

maximum score for each counsel shall be 200 and the maximum score for

each team shall be 400.

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C. Scores per Round

For each round, the team’s aggregate score out of 500 shall be determined by

combining its Memorial score with the two oral presentation scores, pursuant

to the above rules.

D. Tie-Breaking Procedure

In case of a tie for a particular slot in the Quarterfinal round, the team that has

the highest average score for its oral presentations in the Preliminary rounds

shall proceed to the next round.

In the event that the tie is still not decided, the team whose first counsel has

the highest average score for his or her oral presentations in the Preliminary

rounds shall qualify for the Quarterfinal round.

E. Finality of Judging

The scores given by the judges shall be final.

VIII. PENALTIES:

A. Memorial Penalties

The Memorial penalty shall be deducted from the Memorial's final score.

The Committee shall notify the teams of the imposed penalties prior to the

Preliminary rounds.

RULE SUMMARY PENALTY

IV. A Late submission of

Memorial.

10 points for every day of

delay(maximum of 30 points)

IV. B Use of incorrect

size/format

1 point per violation, up to a

maximum of 10 points

IV. B Excessive length of

pleadings

• 1-2 pages, deduction of 5 points

•3-4pages, deduction of 10 points

•Over 4pages, deduction of 20

points

IV. C. 1 Failure to include the

necessary information in the Cover Sheet

• 2 points (one-time penalty)

II. C Violation of Anonymity


IV. Other violations of

memorial format

requirements


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B. Oral Rounds Penalties

RULE SUMMARY PENALTY

II. C Violation of Anonymity

10 points

VI.A.8-9 Disruptive noise, inappropriate behavior,

prohibited communication

10 points

VI.A.10 Scouting

10 points

VI.A.12 Use of prohibited electronic devices

during the rounds

10 points

VI.B Exceeding the allowed scope of the

Rebuttal or Surrebuttal

Maximum of 10

points

C. Other Penalties

VIII. F Absence or Tardiness 5 points

IV.E

Plagiarism

Disqualification

D. Complaint Procedure

A complaining team must submit a written notification to the Core

Committee Members (Conveners) within fifteen (15) minutes from the

conclusion of the oral round, if they will allege that any violations have been

committed. The notice must specify clearly the violation and the parties

involved. Failure to follow this procedure shall result in the nullification of

the team’s complaint.

Such notice will be given by the Committee to the authorities and judge

concern. The Authority's decision on the complaint shall be final.

E. Notice of Penalties

The Committee shall notify the teams of the Memorial penalty they incurred

prior to the Preliminary Round. The Committee shall likewise notify the

teams of any Oral Round Penalties they incurred.

F. Other Penalties

Attendance in all activities is mandatory. Absence or tardiness by any of the

team 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 be

disqualified from joining subsequent competitions, and shall not be

required to reimburse the registration fee. For this purpose, abandonment

is 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, a

Trophy 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 Preliminary

rounds will be awarded Certificate as Best Mooter and with Rs.

2,500.

The highest scoring Memorial will be awarded Certificate as Best

Memorial 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 after

the Competition. No scores will be distributed at the Competition.

Additionally, teams may not obtain the scores and rankings of other teams

involved in the Competition.

XI. INTERPRETATION OF RULES:

The Authorities concern shall have absolute discretion to resolve any issues

concerning the interpretation of rules.

XII. FURTHER DETAILS:

Participants are required to mail their arrival and checkout details at

[email protected] by 6th

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 7th

, 8th

and 9th

of August.

ALL THE BEST


dr. swati bhati memorial moot court competition...“dr. swati bhati advocate (1973-2010) was an...

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