Moot Court Society, CLS-GIBS

Email: [email protected]

st nd1 -2 February 2020

Moot Court Society, CLS-GIBSpresents

nd2 National Moot Court Competition

INTRODUCTION

OBJECTIVE

AWARD FOR WINNERS

Mooting is one of the most essential skills for any law professional. Moot courts or mock trials are usually based on hypothetical cases, involving emerging or unsettled areas of law. Law students, who participate in these activities, are given opportunity to develop their research, legal writing and oral advocacy skills in a mock courtroom setting. Additionally, moot court presentation inculcates professional legal etiquettes in the students which equip them to adapt with court room practices.

A Moot Court Competition provides a platform to bring in different perspectives of the same case before the judges and audience. Moot Court Competition, therefore, is the process where a student can analyse a given problem with its proper legal background, make research about it's historical supportive articulations and demonstrate the same before a panel of judges after proper arguments in ethical and professional manner. It brings the Law graduates close to real courtroom environment where they are called upon to solve the problems in a short span of time.

National Moot Court Competition is an annual National level Competition organised by the Moot Court Society, Centre for Legal Studies, Gitarattan International Business School. It brings together students from different Law schools of the country to compete in fast-paced and challenging professional environment. It aims at giving exposure to law students on important issues arising in contemporary socio-economic and legal environment.

●To provide a platform for law students across the country to sharpen their analytical and argument skills which focus on understanding, historical research, analytical ability, logical thinking and presentation & judgement.

●To develop confidence in dealing effectively with the wide array of difficult situations faced during court room processes.

●To enlarge teamwork and leadership qualities among the law students

Best Team Award : Trophy and a cash prize of Rs. 25000/- .

Runners-Up Team Award : Trophy and cash prize of Rs. 15000/-.

The Best Mooter Award : Cash price of Rs. 5000/-.

The Best Memorial Award : Cash price of Rs. 5000/-.

The Best Researcher Award : Cash prize of Rs. 5000/-.

(On the basis of Research's Test Result)

Certificates will be provided to the team with the Second Best Memorial, Second Best Mooter and Second Best Researcher. In addition to the above, Certificate of Participation will be awarded to all the participants.

Prof. B.S.HothiDirector, Gibs

Chief PatronSHRI R. N. JINDAL

Chairman

PatronSHRI ANIRUDH JINDAL

Vice Chairman

Organised by:Center for Legal Studies

GITARATTAN INTERNATIONAL BUSINESS SCHOOLApproved by Bar Council of India, & Affiliated to Guru Gobind Singh Indraprastha University, Delhi

'A' Grade NAAC Accredited & ISO 9001:2008 CertifiedAssessed Category 'A+' by Joint Assessment Committee

Courses Offered :- BALLB & BBALLB (5 years Integrated)

FACULTY COORDINATORS

STUDENT COORDINATORS

IMPORTANT DATES

Ms. Shivangi Sharma Dr. Ashu Dhiman Ms. Manini Syali9891496247 8860723288 9654889145

Gaurav Sehgal Anna Rawat Akanksha Gandhi9318438013 9717857429 9560622987

ADVISORY COMMITTEE

CHIEF COORDINATOR

Last Date of Registration : 1st January, 2020Last date for submission ofHard copies of Memorial : 10th January, 2020Researcher's Test : 1st February, 2020

Prof. S. K Khandelwal Principal,

Centre for Legal Studies, Gibs

ABOUT CLS GIBS

Center for legal studies has been set up by Gitarattan International Business School in the year 2016 for imparting legal education. CLS-GIBS has been emerging as one of the prominent law schools of the country providing 5 years integrated programmes in BA LLB and BBA LLB.

Gitarattan International Business School (GIBS) was established in the year 2004. GIBS is affiliated to Guru Gobind Singh Indraprastha University, Delhi and is approved by All India Council for Technical Education (AICTE), Ministry of HRD, Government of India for technical programmes and Bar Council of India for Law programmes. GIBS is currently offering Post graduate programmes viz. MBA (I & II Shift), MBAInternational Business & MCAIntegrated and Under Graduate programmes viz. BBALLB, BALLB & BBA. GIBS has been graded 'A' by National Assessment & Accreditation Council (NAAC) in 2nd Cycle. It is an ISO 9001: 2008 certified Institute. GIBS has been rated 'A+' by State fee Regulatory Committee, a fee committee of Govt. of NCT of Delhi & rated highest grading 'A' by Joint inspection Committee of Govt of NCT of Delhi & GGSIP University. GIBS has been rated Grade 'A' by Academic Audit Cell of GGSIP University consecutively from past 6 Years. Also, GIBS has been rated no. 2 by Times B School Survey, successively for 2018 & 2019.

Gitarattan International Business SchoolPSP 2A & 2B Complex-II, MadhubanChowk, Rohini, Delhi-110085, IndiaPhone: +91-11-27555607/608Email: [email protected]: www.gitarattan.edu.in

RULES AND REGULATIONS

1. AIM AND PURPOSE

Gitarattan International Business School (giBS) -was established in the year 2004 and is affiliated

to Guru Gobind Singh Indraprastha University, Delhi. The Institute has started BBA LLB

(Integrated) program from session 2016 and BA LLB (Integrated) Program from session 2017. The

courses are duly approved by Bar Council of India & affiliated to GGSIP University, Delhi.

CLS-GIBS takes immense pleasure in announcing the 2nd National Moot Court Competition. The

competition aims at providing a firsthand exposure to the practical aspects of the legal profession to

the students participating in the event. The objective of the Competition is to give exposure to law

students on important issues arising in contemporary socio-eco-legal settings. Law students who

participate in the Competition will have the opportunity to develop their research, legal writing and

oral advocacy skills in a mock courtroom setting.

2. DATE AND VENUE

The Competition shall be held on 1st and 2nd February, 2020 at CLS-Gitarattan International

Business School, PSP 2A & 2B Complex II Madhuban Chowk Sector-14, Rohini Delhi- 110085

3. COMPETITION FORMAT

The competition is structured as per the following format:

(i) Preliminary Round

(ii) Quarter Final Round

(iii) Semi Final Round

(iv) Final Round

4. ELIGIBILITY

Students of 3 year or 5 year law degree courses from any BCI approved University/ college/

Institution/ Department are eligible to apply for registration of their team. However, only one team

shall be allowed to participate from one College/ Institution/ Department. Provided if any college is

running both the courses, (3 year and 5 Year) they may send two teams exclusively one from each

course.

5. TEAM COMPOSITION

(i) Each team shall consist only of three members, comprising of two Mooters and one Researcher.

(ii) Any alteration/change in the names of the team members shall be intimated in writing by the

Dean / Director/ Head of the Department of the School/ Department /College of Law, of the team

requesting such alteration/change positively to the Organizing Committee. However, any such

alteration is permitted only once.

(iii) Once the Competition commences, the team composition cannot be altered under any

circumstances whatsoever. Inability of any team member to participate shall lead to

disqualification of the team from the Competition. However, the team is free to rotate amongst

the 3 members the roles of mooter / researcher as they deem fit.


6. REGISTRATION

Registration fee for participation is Rs. 3000/- (Three Thousand only) per team and to be paid in cash

or through Demand Draft/ Banker's Cheque drawn in favour of 'Gitarattan International Business

School' and payable at Delhi.


Last Date of Registration: 1st January, 2020

Note: In no circumstances, amount will be refunded. Participation fee includes- tea, snacks, lunch,

Moot court Kit and Registration fee. Outstation teams are to make their own arrangements for

lodging and boarding facility.

7. GUIDELINES FOR PARTICIPATION

(i) Each team may have maximum 3 members, comprising of 2 Mooters and 1 Researcher.

(ii) Participating teams should register themselves by sending duly filled registration form and fee

of Rs 3000/-per team.

(iii) Teams have to prepare memorials for both the sides and have to submit 8 hard copies of the

memorial for each side by 10th January, 2020 to Center for Legal Studies, Gitarattan

International Business School, PSP 2A & 2B Complex - II, Madhuban Chowk, Sector - 14,

Rohini, Delhi- 110085 and to send memorials by email to [email protected] according to

the rules and regulations attached herewith.

(iv) The contents of the hard copies must be the same as the soft copy on [email protected].

Non-compliance with this rule will lead to disqualification of the teams.

(v) The Competition shall be held in English Language.

(vi) The Result announced by the judges shall be final and binding.

(vii) The organizing Committee shall have sole power to resolve any dispute, which may arise

during the Competition.

(viii) No TA/DA or accommodation shall be provided by the Institute. However the Institute will

assist in getting the accommodation to the interested participants. However, intimation is

desirable if accommodation help is needed.

8. GUIDELINES FOR MEMORIALS

(i) Teams have to prepare memorials for both the sides.

(ii) The teams shall submit 8 hard copies of the memorial for each side by 10th January, 2020.

(iii) The contents of the hard copies must be the same as the soft copy on [email protected] Non-

compliance with this rule will lead to disqualification of that team.

(iv) The memorials have to be submitted on A4 size paper, printed on only one side, and must be in the

following order:

l Cover Page

l List of Abbreviations


l

l Index of Authorities

l Statement of Jurisdiction

l Statement of Facts

l Statement of Issues

l Summary of Arguments

l Arguments Advanced

l Prayer

(v) The memorials must be printed in Times New Roman 12 font size with 1.5 line spacing. The

headings must be in 14 font size and the footnotes must be in Time New Roman 10 font size.

Teams must not reveal the name of their Institution or names of the participants, anywhere in the

memorials or in the course of the oral arguments. Teams must also not make use or display in any

manner whatsoever any logo, pins, badges etc., about their identity, if so, it would amount to instant

disqualification.

(vi) The Arguments advanced should not exceed 20 pages per team.

(vii) The memorial as a team should not exceed 40 pages including the cover page.

(viii) The memorials should have a margin measuring one inch on all sides of each page.

(ix) The numbering should be on the bottom-center of each page.

(x) The petitioner's memorial cover page shall be in white background with blue fonts printed in A4

size paper, and the respondent's memorial cover page shall be in white background with Red fonts

printed in A4 size paper.

(a) The memorials Front Page should inscribe specifically A and R representing the Appellant or

Respondent.

(b) The front cover of each memorial must have the following contents:

(c) The name of the Court (i.e. In The Hon'ble Supreme Court of Brahmasthan).

(d) The name of the case "Tower of Sacrifice Action Committee Versus World Sindhuan Council

and Ors. ".

(e) The title of the memorial (i.e. "Memorial for Appellant" or "Memorial for Respondent").

(xi) FORMATTING AND CITATIONS: Footnotes shall contain only the citation. There shall be no

speaking footnotes in the memorial. All teams shall give footnotes by adhering to Indian Law

Institute Citation Style (ILI CITATION STYLE).

(xii) PLAGIARISM: The CLS GIBS reserves the right to disqualify a team, at any stage of the

competition, if the memorial or any other part thereof, if found to be plagiarized.

(xiii) The maximum scores for the memorials shall be 100 marks. The memorials shall be evaluated

on the following criteria:

Table of Contents


l

l Proper and articulate analysis : 20 Marks

l Extent and Use of Research : 20 Marks

l Clarity and Organization : 20 Marks

l Grammar and Style : 10 Marks

(xiv) The Memorial shall be submitted in spiral bound.

9. ORAL ROUNDS

(I) PRELIMINARY ROUND

(a) Pairing of teams shall be done by draw of lots in all the rounds of the competition.

(b) There shall be exchange of memorials for all the rounds.

(c) Each team shall argue for both sides in the preliminary round, once for petitioner side and once for

respondent side.

(d) Each team will get a total of 15 minutes in the Preliminary Round. This time will include rebuttal

and surrebuttal time. Extra time allocation will solely be at the discretion of the judges.

(e) The total marks scored by a team in the preliminary round will be a total of the two stages, i.e.

marks scored as Appellant and marks scored as Respondent.

(f) The oral arguments should be confined to the issues presented in the memorial.

(g) The researcher shall be present with the mooter during the oral rounds.

(h) Relevant material to be submitted to the judges shall be submitted only through court masters.

(j) In no case, would the researcher be allowed to plead, however he is allowed to pass notes to the

orator with the prior leave of the judges.

(k) No team is allowed to carry laptops, I-pads, mobile phones or any other electronic devices inside

the court room for research or any other purpose.

(ii) Maximum scores for the oral rounds shall be 100 points per speaker. The oral rounds shall be

judged on the following criteria:

l Knowledge of Law : 20 Points

l Application of Law to Facts & Interpretation : 20 Points

l Argumentative Skills : 20 Points

l Ingenuity and Ability to Answer the Questions : 20 Points

l Style, Confidence, Courtesy and Demeanor : 10 Points

l Time Management & Organization : 10 Points

(a) Teams with the highest score in the preliminary round shall qualify to the quarter final round.

(b) Preliminary round shall be decided on the basis of allocation of a total of 100 marks, which

includes 50 percent of the marks of memorial evaluation and 50 percent of the marks of oral

pleadings of a team for both sides (Appellant and Respondent).

Knowledge of Law and Fact : 30 Marks


(c) If there is a tie in preliminary round the team with highest memorial marks shall qualify.

(d) If there is a tie after preliminary round then marks obtained in the oral pleadings will be the only

decisive factor for determining which team will qualify. In case of a tie in oral pleading marks, then

the memorial marks will determine the qualifying team.

(iii) QUARTER FINAL ROUND

(a) The quarter final round is a knock out round. The participants shall argue from one side only

which shall be decided through draw of lots.

(b) The quarter final round shall consist of 15 minutes per team.

(c) The other rules shall remain the same as they are in the preliminary round.

(iv) SEMI FINAL ROUND

(a) Four (4) teams with the highest score in the quarter final round shall qualify to the semi final

round. The semifinal round is a knock out round. The participants shall argue from only one side.

(b) The semifinal round shall consist of 25 minutes per team.

(c) The other rules shall remain the same as they are in the preliminary round.

(v) FINAL ROUND

(a) The two winning teams from the semifinal round will advance to the Final Round.

(b) The final round shall consist of 35 minutes per team.

(c) The oral arguments as well as the marking criteria shall be the same as mentioned above in the

preliminary round.

(d) If a Team scheduled to take part in a round does not appear within 10 minutes of the scheduled

time, the other team shall be allowed to submit ex-parte.

(vi) RESULTS

(a) The results will be announced after each round.

(b) The results of the final round shall be announced at the valedictory ceremony only.

(vii) AWARDS

(a) Best Team Award : Trophy and a cash prize of Rs. 25000/- .

(b) Runners-Up Team Award : Trophy and cash prize of Rs. 15000/-.

(c) The Best Mooter Award : Cash price of Rs. 5000/-.

(d) The Best Memorial Award : Cash price of Rs. 5000/-.

(e) The Best Researcher Award : Cash prize of Rs. 5000/-.

(On the basis of Research's Test Result)

(f) Certificates will be provided to the team with the Second Best Memorial, Second Best Mooter and

Second Best Researcher. In addition to the above, Certificate of Participation will be awarded to all

the participants.


10. SCOUTING

No member of any team will be permitted to hear the arguments in any court room in Which that team

is not one of the contesting teams whilst that team is still in the Competition. Scouting by any team in

any manner shall result in instant disqualification.

11. RESEARCHER TEST

(i) A Research test shall be conducted for adjudicating the "Best Researcher". Mooters shall not be

eligible to appear for the test. Researcher Test will be conducted on 1st February, The Test will have

50 objective questions carrying 2 marks each with no negative marking and researcher should be

present on the intimated time otherwise the team shall stand disqualified.

12. MISCELLANEOUS

(i) The competition shall be held in English language only.

(ii) Dress Code: Ladies: Black coloured salwar or trouser, white coloured kurta or shirt/suit (black)

Gentlemen: White shirt with tie and black coloured trouser / suit (black)

(iii) The mooter shall not state their names during the oral rounds and they must use the team Code.

Team code will be allotted at the time of formal registration. All team members must refrain from

disclosing the identity of their institution at any time and in any manner during the entire

competition. Non-compliance with this Rule will result in immediate disqualification of the team.

The decision of CLS GIBS in this regard shall be final and binding.

(iv) The decision of the judges with regard to the outcome of all the rounds shall be final and binding.

(v) The clarifications, if any, regarding the Moot Problem may be sought through mail sent to

[email protected]

(vi) CLS GIBS shall have sole discretion to assess penalties or to disqualify teams for any failure in

abiding by any of the foregoing Rules.

(vii) CLS GIBS shall have sole discretion to make all necessary interpretations of these Rules. All

decisions of the CLS GIBS regarding Rules interpretations are final.

(viii) CLS GIBS shall have sole power to resolve any dispute, which may arise during the

Competition.

* Any violation of Rules above shall attract severe penalty or disqualification as

determined by the CLS GIBS. The decision of the CLS GIBS in this regard shall be final,

binding and not subjected to challenge.

** No TA or accommodation shall be provided by the Institute. However the Institute will

assist in getting the accommodation to the interested participants.

MOOT PROBLEM

BEFORE THE HON'BLE SUPREME COURT OF BRAHMASTHAN

APPELLATE JURISDICTION

CIVIL APPEAL NO: 333 OF 2020

TOWER OF SACRIFICE ACTION COMMITTEE…APPELLANT(S)

VERSUS

WORLD SINDHUAN COUNCIL & ORS.….RESPONDENT(S)

The Ramodhya dispute is one of the most talked about and debated issue in the Republic of

Brahamsthan. The Republic of Brahamsthan was ruled by a colonial power until Brahamsthan got its

independence in 1947. The main issue revolves around access to a site traditionally regarded among

Sindhus to be the birthplace of the Sindhuan deity Raghava, the history and location of the Tower of

Sacrifice at the site, and whether a previous Sindhuan shrine was demolished or modified to create

the Tower. The Tower of Sacrifice was then destroyed in the riots in Ramodhya which took place in

December 1992.

The majority of the population of Brahamsthan belongs to Sindhu religion, Buddhism, Christianity,

Shahian, Jainism and Sikhism being the other major religions followed by the people of Republic of

Brahamsthan. The Republic of Brahamsthan is characterized by a diversity of religious beliefs and

practices, dressing, cultural outlook, food-habits etc. Some religions like Jainism strictly follow the

principle of non-violence and therefore stressed upon vegetarian food habit. This is not so in case of

other religions. Under other religions some are vegetarians and some are non-vegetarians.

Throughout the Republic of Brahamsthan history, religion has been an important part of the country's

culture. The history of Republic of Brahamsthan has witnessed some prominent instances of

religious disharmony amongst various religious groups.

The Constitution of Republic of Brahamsthan declares various rights as fundamental rights.

Some of the fundamental rights are the right to freedom of religion, freedom to carry on any trade,

profession and business, right to life and personal liberty etc. The fundamental rights are mostly

enforceable against the 'State'. The concept of 'State'is defined by the Constitution of Republic of

Brahamsthan. The Constitution also incorporates some features of secularism. The Supreme Court

of Republic of Brahamsthan, in its few landmark judgments has expanded the meaning of 'right to

life and personal liberty'. Almost everything which has connection with person's meaningful life has

been held as integral part of this right. Recently the Supreme Court of Republic of Brahamsthan held

that right to privacy is a part of 'right to life and personal liberty'.

In, Brahamsthan, Sindhuans formulate majority of population whereas Shahians constitutes as

Minority. Shahians also practice a custom of sacrifice at tower of sacrifice which has also been

recognised by Ministry of Earth Sciences of Republic of Bharmsthan as essential for preserving the

ecological balance and was also an important trade practiced by the community of Shahians.

Majority of shahians were involed in sale and export of beef which is sacred animal for Sindhuans.

The first recorded incident of violence over the holy site took place during the reign of Saheb Khayat,

Shah of Dawadh. Shivmohis, a Sindhuan sect, claimed that a Sindhuan shrine had been destroyed

MOOT PROBLEM

during Khayat's times to build the Tower of Sacrifice, to maintain the peace between both

communities, a fence was built by the Colonial administration to separate the places of worship,

allowing the inner court to be used by Shahians and the outer court by Sindhuans.

After Brahmasthana got independence from Colonial Empire, Idols of Lord Raghava appeared

inside the Tower of Sacrifice, allegedly placed there by

Sindhuans. Shahians protested against the act and both parties file civil suits. The government

marked it as a disputed area and locked it up. A committee was formed lead by World Sindhuan

Council (WSC) in 1984 to build a shrine in Lord Raghava's honour. Ramodhyan People Party (RPP)

leader B. S. Krishnan headed the campaign. District judge ordered the gates of the disputed area to be

opened in order to allow Sindhuans to worship there. Shahians set up the Tower of sacrifice Action

Committee in protest.

WSC laid the foundation of a Sindhushrine on land adjacent to the disputed Tower of Sacrifice and

volunteers of WSC partially damaged the Tower.

RPP came to power in state of Geeta Pradesh in 1991, where Ramodhya was located and Tower of

Sacrifice was torn down by WSC supporters, and RPP in 1992 which resulted in riots leading to 2,000

deaths.

In 2002, Three High Court judges began hearings to decide who owned the religious site and

Archaeologists on the order of the court began a survey to find out whether a shrine to Lord Raghava

existed on the site. The survey stated that there was an evidence of a shrine beneath the Tower, but

Shahians disputed the findings.

Geeta Pradesh High Court ruled in 2010 that the site should be divided, with the Shahians community

getting control of a third, Sindhuans another third and the Shivmohi sect the remainder. Control of

the main disputed section, where the Tower was torn down, was given to Sinduans. Shahian

community went for appeal.

Supreme Court suspended High Court ruling after Sindhuan and Shahian groups appeal against the

2010 verdict of the Geeta Pradesh High Court .Constitutional Bench of 5 judges, headed by CJI begin

day-to-day hearing in the Ramodhya dispute in 2020. The matter is listed for Final Argument.

ISSUES;

1) Whether the obliteration of Tower of Sacrifice amounted to violation of Article 25 of

Constitution of Brahmasthan?

2) Whether the destruction of Tower of Sacrifice amounted to violation of the right to practise any

profession, or to carry on any occupation, trade or business under Article 19(1)(g) ?

3) Whether demolition of Tower of Sacrifice amounted to non-fulfilment of the State's duty under

Article 49 of the Constitution of Brahmasthan ?

l The polity and structures of Republic of Brahmasthan are parimateria to the Republic of India

and the Constitution of Brahmasthan 1950, is parimateria with the Constitution of India, 1950.

lThis moot problem has been formulated solely for the purpose of competition for furthering the

academic exercise.

Mail this Registration Form to: GITARATTAN INTERNATIONAL BUSINESS SCHOOL

PSP 2A & 2B Complex - II, Madhuban Chowk, Rohini, Delhi - 110 085Tel: +91-11-27 555607/08 Fax: +91-11-27 555609

Email: [email protected] Web: www.gitarattan.edu.in

A/c Name: Gitarattan International Business School

A/c No. : 50100235284444 A/c Type: Current Type

IFSC Code: HDFC0000886 Bank Name: HDFC Bank, 5, Community Center, Garg Plaza,

Sector-8, Rohini, 110085

Mode of Payment:

DD/Banker's Cheque No. .................................... Dated ............................ Drawn at ...................................

Cash DD/Banker's Cheque

Registration fees should be sent in the form of Demand Draft in favour of GITARATTAN INTERNATIONAL

BUSINESS SCHOOL, payable at Delhi. Registration fee can also be send through the following on-line

payment gateways:

REGISTRATION FORM

Name of the Participant(s) Profession Phone Number Email Address

Institution/Organization Name with Address : ..................................................................................................

.........................................................................................................................................................................

.........................................................................................................................................................................

.........................................................................................................................................................................

Telephones: ..................................................................... Email Address ........................................................

Signature of the Director/Principal/Dean with Stamp

1

2

3

4

Date:

Registration Fee Rs. 3000/- Per Team

Moot Court Society, CLS-GIBS presentsnd2 National Moot Court Competition

st nd1 -2 February 2020

Documents

Moot Court Society, CLS-GIBS