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RDTHE 3 NATIONAL MOOT COURTCOMPETITION, 2020
ENLIGHTENMENT TO PERFECTION
nd rd22 & 23 February, 2020
ORGANISED BY
DEPARTMENT OF LAW,UNIVERSITY OF NORTH BENGAL
Accredited by NAAC with Grade “A”
RAJA RAMMOHUNPUR, P.O.: N.B.U.,Siliguri, Dist.- Darjeeling,
West Bengal- 734013India
CONTENTS
ABOUT DEPARTMENT OF LAW
...........................................................................................
1
ABOUT THE MOOT COURT SOCIETY
...................................................................................
2
ORGANISING
COMMITTEE
..................................................................................................
3
RULES OF THE COMPETITION
............................................................................................
3
I. ROUNDS OF THE COMPETITION:
................................ ................................ .............................
3
II. LANGUAGE:
................................ ................................ ................................ ............................
4
III. ELIGIBILITY FOR PARTICIPATION:
................................ ................................ ..........................
4
IV. COMPOSITION OF PARTICIPATING TEAMS:
................................ ................................ ............
4
V. DRESS CODE:
................................ ................................ ................................ .........................
4
VI. PARTICIPATION AND REGISTRATION:
................................ ................................ ....................
5
VII. MEMORIAL SUBMISSION:
................................ ................................ ................................ .....
6
VIII. GUIDELINES FOR FORMATTING MEMORIALS:
................................ ................................ .....
7
VIII.I. STRUCTURE OF MEMORIAL: ............................................................................................
7
VIII.II. TEAM CODE: .................................................................................................................... 7
VIII.III. CONTENT SPECIFICATIONS: .......................................................................................... 7
IX. SCORING AREA: ................................ ................................ ................................ ..................... 8 X. TIME FOR ORAL ROUNDS: ................................ ................................ ................................ ...... 8
X.I. PRELIMINARY ROUNDS AND QUARTER FINAL ROUNDS
...................................................
8
X.II. SEMI FINAL ROUNDS AND FINAL ROUND..........................................................................
8
X.III. MAXIMUM TIME ALLOTED
.................................................................................................
8
XI. SCOUTING:
................................ ................................ ................................ ............................
9
ACCOMMODATION AND TRAVEL
.........................................................................................
9
REGISTRATION FEES
........................................................................................................
9
MISCELLANEOUS
.............................................................................................................
10
CONTACT DETAILS
..........................................................................................................
10
I. STUDENT CO-ORDINATORS:
................................ ................................ ................................ ..
10
II. FACULTY CO-ORDINATORS:
................................ ................................ ................................ ..
10
LIST OF IMPORTANT DATES
............................................................................................
11
MOOT PROBLEM
..............................................................................................................
11
ABOUT DEPARTMENT OF LAW
The Department of Law is prominently situated on National Highway 31between
Bagdogra and Siliguri in the District of Darjeeling. The distance from Bagdogra is six
kilometres and from Siliguri is seven kilometres. The Department has its own campus in
the south Block of the North Bengal University. The sprawling campus of the University
enjoys the pristine beauty of the eastern Himalayas and is the intellectual hub of North
Bengal. Siliguri is an important subdivision of the district and commercial capital of
North Bengal. Located at the foot hills of eastern Himalayas, Siliguri is the gate way to
North eastern India and land locked countries like Bhutan and Nepal. It shares a huge
and porous international border with Bangladesh, Nepal and Bhutan. It is well connected
with all metropolis and major cities by air and rail. The Department of Law was formerly
known as the University College of Law and was established as such in the year 1974. It
was upgraded as the Department of Law in the year 2000.Presently the Department offers
B.A. LL.B. [Honours] 5-year integrated course, LL.M. course and Ph.D. The intake at the
LL.B. level is eighty, and the LL.M. course which was started in 1993has twenty-five
seats. The criteria of admission both at B.A.LL.B.[Honours] under CBCS mode and LL.M.
under CBCS mode are on merit. The Department has a rich Ph.D. programme. It was
started in 1999and since then more than 44 Ph.D. degrees have been awarded. Presently
there are about twenty-five scholars engaged in doctoral research under various faculty
members under the UGC Regulation, 2009. The Department attracts scholars and
students from all over India and especially from Sikkim, Assam, Tripura, Arunachal
Pradesh, Uttar Pradesh and Orissa. It also attracts students from Bhutan, Nepal and
Bangladesh. The Department was jointly selected by the British Council, Delhi,
University of Warwick, U.K. and the National Law School of India University to carry out
the' Human Rights Outreach Project'. It was also a partner institution with CEERA,
National Law School of India University for carrying out environment education for forest
personnel, Tea Garden personnel and judicial officers. The Department has published
Booklets in Human Rights, Environment Legislations in Bengali and Nepali. It has a Legal
Aid Clinic in collaboration with the State Legal Services Authorities. It runs a very
successful NSS programme. The recently formed Centre for Child Rights at the behest of
1
rdThe 3 National Moot Court
Competition, 2020nd rd22 & 23 February, 2020
Department of Law
University of North Bengal
(Accredited by NAAC with grade “A”)
the UNICEF in collaboration with the Legal Aid Committeeshall also conduct outreach
programmes in relation to child rights and childwelfare. Last but not the least the
Department has been organizingRegional, National and International Seminar /
Conference / workshop/Symposium etc. at regular intervals (30 programmes in last 14
years. TheDepartment also undertakes a number of Research Projects sponsored
bydifferent National and International bodies on regular basis. Moreover, ithas close
collaboration with renowned national and internationalinstitutions. The publication cell
of the Department is very active. It bringsout the Indian Journal of Law and Justice on
regular basis during March andSeptember each year. More over the cell brings out an
edited book on thetopic of that year's Seminar. The Cell has presently undertaken a
venture topublish the researchprojects undertaken by the Department and
outstandingresearch work done by the students. That apart, it is noteworthy that
Department of Law established a 'Centre for Cyber Law and Cyber Security' in the year
2018.
The Moot Court Society of Department of Law, University of North Bengal has been set up
in 2018. The objective of this Moot Court Society is to provide the students an opportunity
to develop their advocacy skills. Participation in Moot Court Competition enhances
researching skill of a student and also prepare a student to respond to an unease
situation. It also helps in building confidence in a law student. Mooting gives a practical
court room experience to a law student.
The Convenor of the Moot Court Society, Department of Law, University of North Bengal
is Prof. (Dr.) Gangotri Chakraborty. The other members of Moot Court Society are
Dr.Priya Roy, Dr. Dipankar Debnath, Mr. Biresh Prasad& Ms. Suparna Bandyopadhyay.
The Student members are Rituraj Bhowal, Shivam Jaiswal, Bijan Ghosh, Arunima
Chhetri, Joydeep Dutta, Jay Sharma, Yash Sarkar, Aritra Jana, Subhechha Bhowmik,
Debabrata Pyne, Joydeb Roy, Anamika Pradhan, Anurag Lama, and Megha Acharya.
The Moot Court Society has also organised following intra-departmental competition in
order to encourage the students of Department of Law, University of North Bengal:
i. Intra Departmental Client Counselling Competition;
ABOUT THE MOOT COURT SOCIETY
rdThe 3 National Moot Court
Competition, 2020nd rd22 & 23 February, 2020
Department of Law
University of North Bengal
(Accredited by NAAC with grade “A”)
2
ii. Intra Departmental Moot Court Competition;
iii. Intra Departmental Mock Trial Competition.
An organising committee for smooth holding of National Moot Court Competition is
constituted of the following persons:
i. Prof. (Dr.) Rathin Bandyopadhyay (Head of the Department and Director of
the National Moot Court Competition);
ii. Prof. (Dr.) Gangotri Chakraborty (Chairperson of the National Moot Court
Competition);
iii. Dr.Sujit Kumar Biswas (Convenor of the National Moot Court Competition);
iv. Ms. Prerna Lepcha (Member);
v. Ms. Neelam Lama (Member);
vi. Dr. Sangeeta Mandal (Member);
vii.Ms. Sanyukta Moitra (Member);
viii.Dr. Soma Dey Sarkar (Member);
ix. Dr.Priya Roy (Member);
x. Dr.Chandrani Chatterjee (Member);
xi. Mr. Biresh Prasad (Member);
xii. Dr. Dipankar Debnath (Member);
xiii. Mr. Sanjay Dutta (Member);
xiv. Ms. Tania Basu Majumdar (Member);
xv. Mr. Shubhojeet Shome (Member);
xvi. Ms. Suparna Bandyopadhyay (Member);
xvii. Ms. Sagnika Das (Member).
I. ROUNDS OF THE COMPETITION:
The competition will have the following rounds; namely,
a) PRELIMINARY ROUND (preliminary round is bifurcated into Straight Round and
ORGANISING COMMITTEE
RULES OF THE COMPETITION
rdThe 3 National Moot Court
Competition, 2020nd rd22 & 23 February, 2020
Department of Law
University of North Bengal
(Accredited by NAAC with grade “A”)
3
Reverse Round);
b) QUARTER-FINAL ROUND (top 8 teams participating in preliminary round shall
qualify for quarter-final round);
c) SEMI-FINAL ROUND (semi-finalists shall be selected on the basis of knock-out
basis);
d) FINAL ROUND (finalists shall be selected on the basis of knock-out basis).
II. LANGUAGE:
The language of the competition will be English.
III. ELIGIBILITY FOR PARTICIPATION:
a) Students pursuing 3 years/5 years undergraduate LL.B. degree course are eligible to participate in this competition.
b) Only one team can participate from each institution.
IV. COMPOSITION OF PARTICIPATING TEAMS:
Composition of the participating teams shall be:
a) Each team shall consist of three (3) members. Two designated as speaker and one
as researcher.
b) The researcher may be permitted to argue as speaker only in case of illness or any
unforeseen event, but a written permission of the Moot Court Convener in such
case shall be mandatory.
V. DRESS CODE:
The participants shall adhere to following dress code when they shall be present in any
court room during the Competition:
a) Girls: Black salwar and white kurta or white shirt and black trousers along with
black coat and black shoes;
b) Boys: White shirt, black trousers and black tie along with black coat and black
rdThe 3 National Moot Court
Competition, 2020nd rd22 & 23 February, 2020
Department of Law
University of North Bengal
(Accredited by NAAC with grade “A”)
4
shoes.
Note: (a) The participating teams shall also adhere to the above-mentioned dress code
while attending the inaugural and valedictory ceremonies of the Competition.
(b) The aforesaid uniform must not bear anysign, identification mark or logo of any
institution, college or university and violation of same shall cause immediate
disqualification.
VI. PARTICIPATION AND REGISTRATION:
a) Team shou ld reg i s te r prov is iona l l y by send ing e -mai l t o th
by 5 day of January, 2020 with the subject
“Registration for National Moot Court Competition, 2020”through an authorised
official e-mail id.
b) On receiving the mail, the participants will be notified the Team code upon
confirmation of the participation.
c) A soft copy of duly filled in Registration form shall be mailed at
d) On reporting at the Department during the competition each team has to pay
registration fee (as mentioned in the Registration fee clause) along with the hard
copy of the Registration Form (the scanned copy of the Registration form has to th
be sent on or before 5 January, 2020 via mail to [email protected] as a
provisional registration).
e) No change in the names of the participants shall be permitted unless the same
has been communicated to the organizers a week prior to the event in
exceptional circumstances only after due proof has been attached.
f) No certificates shall be provided at the time of the Registration. The same shall be rd
provided only after the Valedictory Ceremony on 23 February, 2020. No
certificates and mementos shall be couriered/posted and no request for sending
certificates and mementos through post/courier shall be entertained.
rdThe 3 National Moot Court
Competition, 2020nd rd22 & 23 February, 2020
Department of Law
University of North Bengal
(Accredited by NAAC with grade “A”)
5
VII. MEMORIAL SUBMISSION:
The following requirements for memorial must be strictly followed by the participants:
a) All memorials submitted for all purposes of the Competition shall strictly adhere to
the rules of the Competition. Each Team participating in the Competition must
prepare one Memorial on behalf of Petitioner(s)/Appellant(s) and one on behalf of
the Respondent(s).Further each team has to submit 6 hard copies of the
Memorials from each side. Non-compliance will entail a penalty of 1 point per copy
not submitted.
b) Petitioner(s)/Appellant(s) memorials are required to have a Blue cover and
Respondent(s) memorials are required to have a Red cover. The memorials shall
not contain any form of identification apart from the team code. If any such
identification or mark, symbol, etc. which has the effect of identifying the team is
found on the memorial, then it shall result in instant disqualification. A penalty of
1 mark shall be levied in case the memorial is submitted in any other format or as
a multiple file by the team. The hard copy of memorial must be exact replica of the
soft copy submitted with the Organisers. Any difference in the same will result in
disqualification from the Competition.
c) Each Team must send a soft copy of their memorials, in PDF format only, for s tevaluation by 1 February,2020 on or before 11:59 P.M. to
with the subject “Memorials for National Moot Court
Competition, Department of Law, and University of North Bengal”. The hard
copies of the memorials (6 copies for each side) have to be sent to the following thaddress on or before 10 February, 2020. No extensions will be granted with
respect to this deadline.
Address in which hard copies of memorials are to be couriered:
To,
The Head of the Department,
Department of Law,
University of North Bengal,
Raja Rammohanpur,P.O.: N.B.U.
District: Darjeeling, Pin Code: 734013,West Bengal.
rdThe 3 National Moot Court
Competition, 2020nd rd22 & 23 February, 2020
Department of Law
University of North Bengal
(Accredited by NAAC with grade “A”)
6
VIII. GUIDELINES FOR FORMATTING MEMORIALS:
VIII.I. STRUCTURE OF MEMORIAL:
The memorials must contain the following:
a) Cover Page;
b) Table of Contents;
c) Index of Authorities;
d) Statement of Jurisdiction;
e) Statement of Facts (Argumentative statement of facts would attract
penalties);
f) Issues raised;
g) Questions of Law /Summary of Arguments;
h) Arguments Advanced;
i) Prayer;
j) Appendix (Optional);
k) Exhibits (Optional).
VIII.II. TEAM CODE:
The team code must be ascribed on the top right corner of the cover page.
Team codes shall be intimated to participants through email on or before th
27 January, 2020.
VIII.III. CONTENT SPECIFICATIONS:
The following content specifications must be strictly adhered to:
a) Font and Size: Times New Roman, 12 pts.
b) Line Spacing:1.5 lines.thc) Footnotes: Follow Blue Book 20 Edition.
d) Page Margins: 1 inch on all sides
e) The Hard Copies of the Memorial shall be printed on only one side.
f) The citation should be in compliance with the 20th edition of Bluebook.
Speaking footnotes or Endnotes are discouraged.
It is to be noted that display of any sign, identification mark or logo of any institution,
college or university in the memorial or in any other document is strictly prohibited and
violation of same shall cause immediate disqualification.
rdThe 3 National Moot Court
Competition, 2020nd rd22 & 23 February, 2020
Department of Law
University of North Bengal
(Accredited by NAAC with grade “A”)
7
IX. SCORING AREA:
AREA OF SCORING POINTS
a) Memorial 20
b) Application of Facts 15
c) Understanding of Law and Procedure
20
d) Use of Authorities and Precedents
5
e) Response to questions & Articulation
25
f) Advocacy Skills, Court Craft and Demeanour
15
X. TIME FOR ORAL ROUNDS:
X.I. PRELIMINARY ROUNDS AND QUARTER FINAL ROUNDS
a) Each team will get a total of 25 minutes to present their case.
b) Each speaker shall not use more than10 minutes of the total time.
c) Each team shall get 5 minutes for rebuttal and there will be no sur-
rebuttal in preliminary round.
X.II. SEMI FINAL ROUNDS AND FINAL ROUND
a) Each team will get a total of 60 minutes to present their case.
b) One speaker shall not use more than 25 minutes of the total time.
c) Each team shall get 5 minutes for rebuttal and 5 minutes for sur-
rebuttal (if required).
d) This will be a knockout round.
X.III. MAXIMUM TIME ALLOTED
The maximum time provided would include the time that each team may
want to reserve for their rebuttal. At the commencement of each session the
team shall notify the Court Officer as to the division of time between the 2
rdThe 3 National Moot Court
Competition, 2020nd rd22 & 23 February, 2020
Department of Law
University of North Bengal
(Accredited by NAAC with grade “A”)
8
speakers (including rebuttal).
XI. SCOUTING:
Teams shall not be allowed to observe the orals of another team, unless they have been
officially knocked-out of the competition. Scouting is strictly prohibited. Scouting by any
team shall entail instant disqualification.
ACCOMMODATION AND TRAVELsta) Accommodation and food shall be provided to all teams by the organisers from21
thFebruary, 2020 (12:00 P.M. onwards) to 24 February, 2020 (till 12:00 P.M.). The
organising committee shall not take any responsibility of stay of participants beyond th 12:00 P.M. of 24 day of February, 2020.
b) Teams willing to stay beyond or before the dates of the moot, as specified, will have
to pay Rupees. 500/- per member per day.
c) The interested students are required, to fill-up the travel form and send the thscanned copy of same before 5 January, 2020 to [email protected] the
subject “Travel and Accommodation form”. Under no circumstances the Organiser
shall provide accommodation to any other person accompanying the team.
The team after reaching Siliguri must report at the Department of Law, University of North Bengal. After reporting as a team, the Department will make necessary arrangements for accommodation of the team.
REGISTRATION FEES
rdThe 3 National Moot Court
Competition, 2020nd rd22 & 23 February, 2020
Department of Law
University of North Bengal
(Accredited by NAAC with grade “A”)
9
NUMBER OF TEAM MEMBERS WITH ACCOMODATION
WITHOUT ACCOMODATION
Team with 3 (three) members Rupees 4000/- Rupees 2000/-
N.B.:
a) Teams willing to stay beyond or before the dates of the competition must
pay Rupees 500/- per day for each member, the same must be informed by th
5 January, 2020 to the Organising Committee. b) Registration fees must be paid in Department of Law at the registration desk, in cash.
MISCELLANEOUS
CONTACT DETAILS
a) If any one of the members of a team is notified or informed of any detail or
information concerning the Competition, it shall be deemed as if the said team as a
whole has been duly been notified or informed.
b) The copyright in the memorials submitted by the teams shall vest with the
Department of Law, University of North Bengal. The acceptance of such vesting is a
precondition to participation in the Competition.
c) In case of any doubt in the understanding or interpretation of any matter
concerning the Competition, the decision of the Organising Committee shall be
final and binding.
d) The organisers shall resolve unanticipated or unexpected contingencies, if any,
and the decision of the Organising Committee in this regard shall be final. The
acceptance of any such decisions of the Organising Committee is a precondition to
participation in the Competition.
e) The organisers reserve the right to use, amend, alter, vary or change, in any
manner whatsoever, the Rules governing the Competition, which would be
communicated to the teams within a reasonable period of time.
Any query relating to the moot court competition or relating to travel and accommodation
shall be asked by sending mail to [email protected]. However, participants are
free to contact following student co-ordinators, if required:
I. STUDENT CO-ORDINATORS:
a) Rituraj Bhowal(8101195170);
b) Shivam Jaiswal (8918270937).
II. FACULTY CO-ORDINATORS:
a) Dr.Priya Roy (945539673);
b) Dr. Dipankar Debnath (9932906953).
rdThe 3 National Moot Court
Competition, 2020nd rd22 & 23 February, 2020
Department of Law
University of North Bengal
(Accredited by NAAC with grade “A”)
10
LIST OF IMPORTANT DATES
MOOT PROBLEM
1. Indiana is a peninsular country having four major rivers. These rivers are important
and are lifeline to masses living along its courses. Gotham and Metropolis are two
cities that share different water bodies. Riverdale is one of the longest rivers of Indiana
that flows from Gotham City to Metropolis city.
2. Duckburg & Co. has set up a Chemical Industry in 2015 in Gotham city. The industry
has been set up at a far off place from the town keeping in mind the harmful effluents
of the industry. The company while setting up of the plant has already taken
permission from the Central Government and has complied with all the
provisions.
3. Duckburg & Co. also has proper mechanism to treat the harmful effluents being
discharged from its plant and also has a mechanism to recycle those discharged
effluents.
4. Gotham city is situated at the upper course of Riverdale while Metropolis is situated at
the lower course of the river.
rdThe 3 National Moot Court
Competition, 2020nd rd22 & 23 February, 2020
Department of Law
University of North Bengal
(Accredited by NAAC with grade “A”)
11
SPECIFICATION
DATES
Last date of
provisional registration
by sending scanned
copy of Registration Form and Travel & Accommodation
form. 5th
January, 2020.
Last date of
Seeking Clarification
10th January, 2020.
Date of Releasing Common Clarification 15th January, 2020.
Date of intimation of Team Codes 27th January, 2020.
Last Date of Sending the soft Copies of Memorials
1st
February, 2020.
Last Date on which the Hard Copies of Memorials must
reach Department of Law
10th
February, 2020.
Date of Competition
22nd
and 23rd
February,
2020.
5. Riverdale is one of the major sources of water supply in the city of Metropolis. The
Municipal Corporation of Metropolis supply water through its plant at scheduled time
to the wards of Metropolis. Metropolis Municipal Corporation also has 3 Reservoir
and significant amount of water comes from Riverdale.
6. The government of Indiana in 2016 took up a project of constructing a Dam across
Riverdale (this part of the river falls in the city of Gotham). Gotham City witnessed
huge rainfall in July, 2018. The rainfall caused massive flooding in the city and
affected the chemical plant of Duckburg & Co.
7. Due to flood the treatment plant of Duckburg &Co. has been heavily affected and the
hazardous effluents are being discharged in the water of Riverdale without being
treated.
8. Since the treatment plant of Duckburg & Co. is damaged due to flood, hazardous
effluents from this company are mixing with water of Riverdale.
9. The contaminated water of Riverdale is now stored in the Reservoir which is
maintained by the Municipal Corporation of Metropolis. The filtration system of
Metropolis Municipal Corporation is not adequate enough to filter out the harmful
chemical substances that are being mixed from the plant of Duckburg & Co.
10. Residents of Metropolis became unwell after consuming the contaminated water.
Following this situation ABC Corp., a Company, started selling drinking water in the
city of Metropolis at a reasonable price.
11. ABC Corp. is a leading company selling soft drinks as well in Indiana. ABC Corp. has
its plant in the outskirts of City of Metropolis. The company used to extract ground
water at the outskirts of the city of Metropolis. Following this the ground water level in
the city has decreased to a considerable level.
12. The city of Metropolis has not felt this crisis as it had another source of water.
However, due to the contaminated water of Riverdale, it became unsuitable for
drinking
13. Following this water crisis, ABC Corp. has stopped manufacturing soft drinks and is
only selling packaged drinking water across the city of Metropolis.
14. Slytherin is a pan Indiana NGO which advocates and fights for the guarantee of
fundamental rights to every citizen of Indiana.
15. Following the contamination of water in the upper course of Riverdale, Slytherin has
rdThe 3 National Moot Court
Competition, 2020nd rd22 & 23 February, 2020
Department of Law
University of North Bengal
(Accredited by NAAC with grade “A”)
12
filed a Writ Petition No. 19 of 2019 before the Supreme Court of Indiana in January,
2019 against the Duckburg& Co, under the title:
Slytherin
v.
Duckburg & Co.
16. In the above-mentioned petition Duckburg & Co. contended that the company was
conscious enough about the harmful effluents of the industry. Therefore, it had
constructed treatment plant which was subsequently damaged due to flood. While
Slytherin contended that the company should have taken steps to repair the damaged
plant immediately after the flood keeping in mind the hazardous substances being
discharged from its company.
17. Following the water crisis in the city of Metropolis Mr. Potter has filed a PIL i.e., W.P.
No 239 of 2019 against ABC Corp and the Government of Indiana in July, 2019 before
the Supreme Court of Indiana. The title of this suit is:
Mr. Potter
v.
ABC Corp
The Government of Indiana
18. Mr. Potter has contended that excessive groundwater extraction by the ABC Corp for
business purposes amounted to violation of fundamental right of residents of
Metropolis. Thus, the company has not abided by business ethics by affecting the
lives of the people of the city. Mr. Potter has also contended that it is the duty of the
Government of Indiana to look after the natural resources that Indiana has for its
people. Thus, according to Mr. Potter, Indiana Government is also liable for ABC Corp
for the excessive use of such natural resources without considering the future needs.
However, ABC Corp has contended that it has never, at any point of time, been
deviated from business ethics as during water crisis the company stopped
manufacturing soft drinks and started selling drinking water
19. Slytherin NGO after knowing about the petition filed by Mr. Potter has requested the
Supreme Court to club WP No. 19/2019 and W.P. No. 239/2019 since the matters of
rdThe 3 National Moot Court
Competition, 2020nd rd22 & 23 February, 2020
Department of Law
University of North Bengal
(Accredited by NAAC with grade “A”)
13
rdThe 3 National Moot Court
Competition, 2020nd rd22 & 23 February, 2020
Department of Law
University of North Bengal
(Accredited by NAAC with grade “A”)
these two petitions are related to water crisis, the Supreme Court of Indiana has rd
clubbed both the petition and decided to hear the same on 23 day of February, 2020
under the title of:
1. Slytherin
2. Mr. Potter
v.
1. Duckburg & Co.
2. ABC Corp.
The Supreme Court of Indiana has framed the following issues:
a) Whether the Duckburg & Co has Absolute Liability in this case?
b) Whether excessive extraction of ground water amounted to violation of
fundamental rights?
c) Whether the Government of Indiana can be made liable under the Public Trust
Doctrine for excessive groundwater extraction by ABC Corp?
d) Whether the existing legal framework governing groundwater contamination and
excessive groundwater extraction is adequate or not?
Notes:
a) Both Duckburg & Co. and ABC Corp. are public undertaking.
b) Any similarity of this moot problem with any factual situation is purely
coincidental.
c) The Laws, Rules of Indiana are in parimateria with the laws and rules of India.
d) Participants are required to argue on the matter of maintainability of the present
petition.
e) The Laws and Regulations relating to ground water of city of Metropolis are in
parimateria with the State of Kerala.
f) Participants are free to frame other issues as well.
* * * * *
14