IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION€¦ · IMS UNISON UNIVERSITY 3rd...

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IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015 IMS UNISON UNIVERSITY 3 rd NATIONAL MOOT COURT COMPETITION-2015 September 17-19, 2015 OPPORTUNITY TO GROOM LAW STUDENTS AS FUTURE LAWYERS PROBLEM RELATING TO LAND ACQUISITION PERFORMANCE EVALUATION BY EMINENT JUDGES, LAWYERS & ACADEMICIANS IN THE SERENE AMBIENCE OF DOON VALLEY Organized By: SCHOOL OF LAW IMS UNISON UNIVERSITY DEHRADUN www.iuu.ac

Transcript of IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION€¦ · IMS UNISON UNIVERSITY 3rd...

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IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015

IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION-2015

September 17-19, 2015

OPPORTUNITY TO

GROOM LAW

STUDENTS AS FUTURE

LAWYERS

PROBLEM RELATING

TO LAND

ACQUISITION

PERFORMANCE

EVALUATION BY

EMINENT JUDGES,

LAWYERS &

ACADEMICIANS

I

IN THE SERENE

AMBIENCE OF DOON

VALLEY

Organized By:

SCHOOL OF LAW

IMS UNISON UNIVERSITY

DEHRADUN

www.iuu.ac

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IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015

IMS UNISON UNIVERSITY

3rd NATIONAL MOOT COURT COMPETITION-2015

August 8, 2015

SUBJECT: INVITATION TO PARTICIPATE IN IMS UNISON UNIVERSITY

3rd

NATIONAL MOOT COURT COMPETITION-2015

Dear Sir/Madam,

It gives us immense pleasure to invite students from your esteemed Institution to participate in the IMS

Unison University 3rd

National Moot Court Competition-2015. The Moot Court Competition is being

organized by the School of Law, IMS Unison University, Dehradun on September 17-19, 2015.

The Moot Problem, Registration Form, Rules & Regulations and Travel Plan for the Moot Court

Competition are enclosed herewith.

The teams must register themselves latest by August 29, 2015 by sending the scanned copy of the duly

filled-in Registration Form along with requisite receipt of the Registration Fee through Demand Draft at

[email protected]. They should also send the hard copies of the Registration Form, Demand Draft and

the Travel Plan by September 3, 2015.

Please feel free to write or contact us for any further clarification at [email protected] .

We look forward to participation of your team in the aforesaid Moot Court Competition and make it a

successful event.

With regards,

Prof. (Dr.) Venugopal B.S.

Dean & Head, School of Law

Director, National Moot Court Competition

IMS Unison University, Dehradun

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IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015

GLIMPSES OF 1st AND 2nd NATIONAL MOOT COURT COMPETITION HELD AT

IMS UNISON UNIVERSITY

School of Law, IMS Unison University, Dehradun has organized two versions of National Moot Court

Competition. The 1st National Moot Court was organized on February 7-8, 2014 and was blessed with the

august presence of Hon‟ble Justice G.S. Singhvi, Retd. Judge, Supreme Court of India and Hon‟ble Justice

U.C. Dhyani, Judge, Uttarakhand High Court. The 2nd

National Moot Court Competition was organized on

October 10-11, 2014 and Hon‟ble Justice Chelameswar, Judge, Supreme Court of India and Hon‟ble Justice

A.K. Patnaik, Judge, Supreme Court of India blessed the event with their gracious presence. Keeping up

with this tradition of organizing National Moot Court Competitions, we are set to organize the 3rd

edition of

the National Moot Court Competition on September 17-19, 2015

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IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015

DEAN‟S MESSAGE

The Landscape of Higher Education in India is witnessing rapid transformation. The Public- Private

Partnership (PPP) is now an accepted mode of ushering in an era for progress in all spheres of human

development. Education is core area where private universities are playing vital role. IMS Unison University

is one of the finest and value oriented Institution of Higher Studies and Research, located in the foot hills of

Mussorie (Dehradun). IMS Unison University (IUU) offers a tranquil and captivating environment with

finest infrastructure and faculty team in different streams of Management, Computer Applications, Mass

Communication and Law.

The IMS Unison University alumni are testimony to the high standards of education delivered. IMS Unison

University‟s reputation in the industry is maintained high by our students who hold respectable positions in

the industry.

Moot courts are an essential part of Legal Curriculum, giving budding lawyers the opportunity to take part in

simulated court proceedings involving drafting of memorials and presenting oral arguments. This gives them

the right kind of exposure to develop their advocacy skills.

The School of Law at IUU is making rapid advancement in standards of legal education and raising research

by revamping courses, empowering faculty training, organizing national and international events viz: moot

courts, conferences, workshops, events like quiz, debates, eloquence, essay competitions, legal aid clinics,

legal literacy camps and many more.

The University has a global vision and is actively pursuing the establishment of a network of collaborative

teaching and research partnership with reputed universities across the globe. I am delighted to be an

associate of IMS Unison University as Dean & Head-School of Law. I extend greetings and best wishes to

one and all.

I wish Gods speed to all.

Prof. (Dr.) Venugopal B.S.

Dean & Head, School of Law

Director, National Moot Court Competition

IMS Unison University, Dehradun

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IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015

IMS UNISON UNIVERSITY

3rd NATIONAL MOOT COURT COMPETITION-2015

SCHEDULE

Key Dates

8th

Aug, 2015 Release of Moot Problem and Rules and Regulations of the Moot Court

Competition

29th

Aug, 2015 Last Date for Submission of Soft Copy of Registration Form, Demand

Draft and Travel Plan through e-mail at [email protected]

3rd

Sep, 2015 Last Date for Submission of Hard Copies of Registration Form, Demand

Draft & Travel Plan

6th

Sep, 2015 Last Date for Submission of Memorials (Soft Copy)

11th

Sep, 2015 Last Date for Submission of Memorials (Hard Copy)

17th

Sep, 2015 Inauguration, Draw of Lots and Memorial Exchange (3:00 pm onwards)

18th

Sep 2015 Preliminary Round, Round of 16 and Quarter Finals

19th

Sep 2015 Semi Finals, Final and Valedictory

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IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015

IMS UNISON UNIVERSITY

3rd NATIONAL MOOT COURT COMPETITION-2015

RULES AND REGULATIONS

I. ELIGIBILITY

The Competition is open for students pursuing three/ five year LL.B. Degree Course from any

recognized Law University/College in India, subject to fulfillment of the registration formalities. Only

one team is allowed to participate from a recognized University/College.

II. TEAM COMPOSITION

Each team shall consist of a maximum of three members (two speakers and a researcher). A two

member team is also allowed provided both the members are speakers. The researcher may be

allowed to argue instead of a speaker only in exceptional circumstances with prior permission of the

Director-NMCC. All participants shall carry their University/College ID Cards during the

competition.

III. REGISTRATION

1. In order to confirm participation, every team should register themselves. The registration process

consists of the following two steps:

Step one: Each team is required to send the scanned copies of their duly filled-in Registration Form

along with Demand Draft and Travel Plan to [email protected] by August 29, 2015. Subject of

the mail should bear “Registration Form for IMS UNISON UNIVERSITY 3rd

National Moot

Court Competition-2015”. The details for Demand Draft are given hereunder:

The Demand Draft shall be drawn in the favour of “IMS Unison University” payable at Dehradun.

Step two: Send the hard copies of the Registration Form, Travel Plan and the Demand Draft

by3rd

September, 2015 to the following postal address:

Postal Address:

Dean & Head-School of Law,

IMS Unison University,

Makkawala Greens, Mussoorie Diversion Road,

Dehradun- 248009

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IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015

2. Registration Fee:

i. Rs. 3600/- (Rupees Three Thousand & Six Hundred only) for each participating team consisting of

3 members. (With Accommodation)

ii. Rs. 2000/- (Rupees Two Thousand only) for each participating team consisting of 3 members.

(Without Accommodation)

iii. Rs. 1500/- (Rupees One Thousand Five Hundred only) for every additional member

accompanying the team.

3. In case of justifiable reasons submitted by the participants, the Director-NMCC may permit spot

Registration subject to payment of additional Registration charges up to Rs. 1000/ team.

4. Forms received after the deadline i.e. August 29, 2015 shall not be considered for registration.

5. The Registration is open to only 32 teams on “first come first serve basis”.

IV. CRITERIA FOR MEMORIAL EVALUATION:

1. Teams have to prepare Memorials for both the sides.

2. The teams must send the soft copies on or before September 6, 2015 to [email protected] . In

addition 6 (SIX) hard copies of the memorials of each side should reach at the University address up to

September 11, 2015.

Note: Late submissions beyond the stipulated time period will attract 1 point penalty per memorial for

each day of delay. Hard Copies of Memorials submitted after September 11, 2015 shall not be

considered for evaluation.

3. Format for Memorials

3.1 The memorial shall not exceed 40 typed A4 size pages of which the Arguments Advanced &

Prayer shall be of maximum 25 pages.

3.2 Color of the cover page must be Blue in case of Petitioner/Appellant and Red in case of

Respondent.

3.3 Body of Memorial shall include:

i. The Cover Page

ii. Table of Contents

iii. List of Abbreviations

iv. Index of Authorities / Table of Cases

v. Statement of Jurisdiction

vi. Statement of Facts

vii. Statement of Issues

viii. Summary of Arguments

ix. Arguments Advanced/Detailed Arguments.

x. Prayer

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IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015

3.4 The title page shall include:

i. The Name of the Court

ii. The Year of the Competition

iii. The Name of the Case

iv. Team Code to be indicated at the top right corner in bold. (Team codes shall be intimidated to the

respective teams by 5th

September, 2015)

v. The title of the Document (i.e. “Memorial for Petitioner” or “Memorial for Respondent”)

3.5 The memorial shall not exceed 40 pages. The following contents are inclusive within the stipulated

page limit:

i. Pleadings

ii. Conclusions

iii. Annexures, if any

iv. Appendices and footnotes

3.6 The font of the body of the memorial should be Times New Roman, Size 12, Line Spacing 1.5

and headings should be 14. Bluebook 19th

edition must be strictly adhered to for citations.

3.7 The font of the footnotes should be Times New Roman, Size 10 and Line Spacing 1.

3.8 The whole text of the memorial should be justified.

3.9 Memorials should be spiral bound/hard bound.

3.10 Memorials should have one inch margin on all sides of each page.

3.11 Pages should be numbered at the bottom of the every page.

3.12 The memorial should not contain any photographs, sketches, exhibits, affidavits etc.

4 All memorials received within time schedule will be evaluated by the Memorial Evaluation

Committee (MEC) to be constituted by the Director-National Moot Court Competition.

5 The evaluation will be done on the following parameters:

Criteria Maximum Marks

Knowledge of Facts and Law 25

Research and Application of

Law on facts

25

Case Analysis 20

Clarity and Organization 10

Format and Citation 10

Grammar 10

6. Evaluation done by the MEC shall be final and binding.

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IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015

V. SUBMISSION AND FORMATING OF THE MEMORIALS

Delay in the submission of the memorials, use of incorrect font or font size, use of font of

inconsistent size, or improper line spacing, failure to include all parts of the memorial, or inclusion

of an unremunerative part, substantive legal argument outside of approved sections of memorial,

improperly formatted index of authorities, excessive length, failure to include necessary information

on the memorial covers, inclusion of any identifying mark, character or text in the memorial shall

result in imposition of penalties.

VI. ROUNDS

1. Draw of Lots

After the draw of lots, each team will be assigned a side (appellant/respondent). Fixtures of the

teams will be according to the Draw of lots.

2. Preliminary Round

This will be a knock-out round. Each team shall represent only one side as decided during the draw

of lots. The winner of each court-room will be decided on the basis of the scores awarded by the

Judges in this round and the marks awarded by MEC in the memorial evaluation.

Note: The 16 winning teams from this round shall proceed to the Round of 16.

3. Round of 16

This will again be a knock out round and each team shall represent only one side as will be decided

by the draw of lots. The winner of each court-room shall be decided on the basis of scores awarded

by the Judges in this round.

Note: The 8 winning teams from this round shall proceed to the Quarter Finals.

4. Quarter Finals

This will again be a knock out round and each team shall represent only one side as will be decided

by the draw of lots. The winner of each court-room shall be decided on the basis of scores awarded

by the Judges in this round.

Note: The 4 winning teams from this round shall proceed to the Semi Finals.

5. Semi Finals

This will again be a knock out round and each team shall represent only one side as will be decided

by the draw of lots. The winner of each court-room shall be decided on the basis of scores awarded

by the Judges in this round.

Note: The 2 winning teams from this round shall proceed to the Final.

6. Final

The final shall take place between the winners of the Semi-Final round.

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IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015

VII. PROCEDURE AND MARKING OF COURT ROUNDS

1. Each team will get a total of 25 minutes to present its case in the Preliminary Round, Round of 16

and Quarter Finals and 40 minutes for the Semi Finals and Final. This includes the time for rebuttal

and sub-rebuttal.

2. The division of time per speaker is left to the discretion of the team. However, maximum time for

each speaker shall not exceed 15 minutes for Preliminary Round, Round of 16 and Quarter Finals

and 25 minutes in the Semi Finals and Final. This maximum time includes the time for rebuttal

which is a maximum of 3 minutes.

3. The arguments should be confined to the issues presented in the memorial.

4. The researcher (if any) needs to be present with the speakers during all the rounds.

5. Maximum scores for the court rounds will be 100 marks per speaker. The court rounds will be

judged on the following parameters:

VIII. COURT ROOM MANNERS

1. Any form of communication between the Bar and the Bench is prohibited, and if indulged in, will

result in a penalty point.

2. Submission of any written material other than the memorials and any other documents related to

the proposition in hand to the Bench prior to, during or after oral arguments is not allowed and if

indulged in, will result in a penalty point.

3. Failure to deliver an oral argument shall be considered in entirety, a disqualification.

IX. DRESS CODE

Inside the Court Room the participants shall be in Formals.

Female(s): White Salwar and Kurta /White Shirt, Black Trouser and Black Tie along with Black Blazer

and Black Shoes.

Male(s): White Shirt and Black Trouser along with Black Tie, Black Blazer and Black Shoes

Criteria Maximum Marks

Knowledge of Law 20

Application of Law to Facts 20

Ingenuity and Ability to Answer Questions 20

Style, Poise, Courtesy and Demeanor 20

Time Management 10

Organization 10

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IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015

X. AWARDS AND CERTIFICATES

Categories of Awards:

i. Winner of the Final Round will be given the “Best Team” award.

ii. Runner-up of the Final Round will be given the “1st Runner Up” award.

iii. Team placed 3rd

(on the basis of scores of Semi Finals) will be the “2nd

Runner Up” award.

iv. Team with the highest memorial scores will be given the “Best Memorial” award.

v. “Best Speaker” award shall be determined on the basis of the total marks secured during the

Preliminary Round.

vi. In addition to the above, certificates will be issued to all the participants only during the

Valedictory function and no prior request shall be entertained in any case.

XI. ACCOMMODATION AND FOOD

Accommodation and Food for participating teams shall be provided by the Organizer. Accommodation

shall be provided from 17th

Sep 2015 12.00 noon to 19th

Sep 2015 12.00 noon. Teams have to make

their own arrangements if they arrive before the mentioned period or stay beyond it.

Note:

a. Separate accommodation shall be provided to Boys and Girls.

b. Transport shall be provided from the place of accommodation to the Venue by the

Organizers.

c. Any Change in the Travel Plan should be immediately communicated to the Organizers.

XII. DISPUTES

Any dispute about the Moot Court Competition shall be referred to the Dispute Resolution Committee,

before the end of the competition. In all matters of complaints or disputes, the decision of the Dispute

Resolution Committee (DRC) shall be final.

XIII. CODE OF CONDUCT

1. The language for the Competition shall be English.

2. All participants are expected to maintain the decorum in the court room during the competition and

are expected to conduct themselves in a manner befitting the legal profession.

3. Scouting: No Team member or any accompanied person shall be permitted to hear the arguments

in any court room in which the team is not contesting whilst the team is still in the competition.

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IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015

XIV. CHEATING, INTIMIDATION AND MISCONDUCT

1. Cheating or using of unfair means of any kind is strictly prohibited and if indulged in, shall result

in disqualification of the team.

2. Intimidation in any form is prohibited and if indulged in, shall result in disqualification of the team.

3. Misconduct, whether behavioral or otherwise, is not allowed and if indulged in, shall result in

disqualification of the team.

XV. NON-COMPLIANCE WITH THE RULES OF THE ORGANISING COMMITTEE

1. The participants are required to comply with the rules and regulations mentioned in this brochure

all times during the Competition.

2. Total points collected by a team shall be reduced by the penalty points imposed for the violation of

rules and regulations mentioned in this brochure for each round in which the violation took place.

3. Each penalty point shall be imposed for each violation. One penalty point imposed shall reduce one

mark from the score of the team. However, the total number of penalty points awarded against one

team shall not surpass 10 points.

4. If the number of penalties increases from Ten (10) in numbers, the team can be disqualified from

the competition. An opportunity of being heard by the DRC can be offered to the team on request.

The decision of the DRC shall be final in this regard.

XVI. ORGANISING COMMITTEE

Director – Prof. (Dr.) Venugopal B.S. (Dean & Head, School of Law)

Faculty Convener – Mr. Rituraj Sinha

Faculty Co-Conveners – Dr. Leena Pundir and Ms. Varsha Singh

Student Conveners – Sambhav Jain, Mehvish Hameed and Joyanto Chakraborty

Student Co-Conveners – Maham Raza Haider and Prachi Tripathi

XVII. QUERIES & CLARIFICATIONS

For any queries regarding the competition mail us at [email protected] or feel free to contact

the following:

1. Sambhav Jain

Mobile no.: +91-9568372722

2. Joyanto Chakraborty

Mobile no.: +91- 7409165021

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IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015

XVIII. GENERAL INFORMATION

Date and Venue:

The „3rd

National Moot Court Competition‟ shall be held on, September 17- 19, 2015 at IMS Unison

University, Dehradun.

Postal Address:

Dean & Head- School of Law,

IMS Unison University,

Makkawala Greens,

Mussoorie Diversion Road,

Dehradun- 248009

Email: [email protected]

Web Site: www.iuu.ac

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IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015

MOOT PROBLEM

Mithila is a state of the Indian Union which is located on the eastern part of the nation. The state is among

the top 3 states in the production of rice and hence its economy is vastly dependent on agriculture. The state

receives ample amount of rain during the monsoon season which favours the growth of paddy and moreover

the land is highly fertile owing to the high deposit of silt and alluvium brought down by the river Padma

which originates in the Sindukush Range in the north.

This state is one of the most politically sensitive states with frequent political clashes between the different

political parties. In 2008, the Socialist Party of India, a party inclined towards communist ideology came to

power following the Legislative Assembly elections for the 7th

consecutive time. Mr. Gautamdev Pandit was

elected as the Chief Minister for the second time and in his maiden speech after swearing in as the Chief

Minister for the second time he emphasized on the fact that the state of Mithila although quite stable in

agricultural sector, needs a boost in the industrial field as was promised in the election manifesto. He gave

an open invitation to the corporate houses to come and setup industries in the state to boost the economy of

the state which was not in a good shape.

Meanwhile, the Sparta India Pvt. Ltd which was an industrial giant of India announced that they would soon

launch a new and affordable car called the “Sparta Giano” which according to them would revolutionalize

the Indian automobile sector. The Chairman of the Sparta Group, Mr. Sudeep Sparta, in an interview said

that they were looking for an ideal location to setup the “Giano” plant and they are open for any offer for the

same. Mr. Gautamdev Pandit welcomed the Sparta Group to the state of Mithila and promised them that the

state has the ideal infrastructure and workforce to make the project a success. After a long series of talks

between the State Government & Sparta officials, finally a site was selected for the setup of the plant in the

state.

In a joint press conference Mr. Pandit and Mr. Sparta said that they have decided to setup the plant in

Bangur, well connected through the national highway to state capital which is 20 kilometers away from it. It

was said that the state government would acquire 950 acres of agricultural land on behalf of Sparta Group

and the Sparta Group shall provide compensation and employment to the families of the farmers whose

lands would be acquired. Bangur is located in the district of Srirampur. It is known to be one of the most

fertile areas of the country. The quantum of paddy produced there is so high that it earned the reputation of

being styled as the rice bowl of Mithila. The news of land acquisition became viral, resulting in violent

protests across Bangur as majority of the farmers refused to give away their land.

The Federal Party of India which was the main opposition party espoused the cause of the farmers who were

against the land acquisition. Ms. Seema Thakur who was the leader of opposition organizing violent protests

and dharnas all across the state warned the government of a mass agitation if it went ahead with its plan of

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IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015 acquisition. The Sparta officials who came to inspect the land were driven away by the local people with

backup support of the Federal Party. But the government being hell bent on acquiring the land, using

massive police force which resorted to lathi charge, tear gas and water canon acquired the land in October,

2008 and handed it over to the Sparta Group.

Without wasting any time, The Sparta Group began the construction work of the Giano plant and by August

2009 the plant was ready to undergo production. Meanwhile, Ms. Seema Thakur, continuing her allegation

on the state government of foul play and forcible acquisition, organized a sit in protest just outside the gates

of the plant. The sit in protest which continued for two long months ultimately forced the Sparta Group to

withdraw their project from the site although they did not part with the ownership of the land. The Federal

Party taking it as their moral victory promised that if they were voted to power in the next assembly

election, they would certainly return the lands which was around 400 acres to the unwilling farmers and

utilize the rest of the land for some other purposes beneficial to the people.

Owing to high anti-incumbency wave, the Federal Party of India was voted to power in the Assembly

Elections of 2013 and Ms. Seema Thakur became the Chief Minister of the state. Acting promptly on the

promise made before the election, in the first cabinet meeting of the state it was agreed that a law would be

made to acquire 950 acres of land in Bangur and hand over 400 acres back to the unwilling farmers and

utilize the rest for other purposes.

The State Government in its first Assembly Session introduced the Bangur Land Rehabilitation and

Development Bill, 2013 and passed it in the same session amidst huge protest from the opposition party. The

Governor of Mithila assented to the bill which came into force from 1st November 2013. The primary object

of the Act was to acquire the land from the Sparta Group and return 400 acres land to the unwilling farmers

from whom earlier the land was acquired and utilize the rest for some purpose beneficial to the people. The

Act does not contemplate any clear provision regarding the compensation to be paid to the Sparta Group, but

only states that the money paid by the vendors shall be refunded to the Sparta group.

Soon after the enactment of the Act, the State Government took possession of the 950 acres of land from the

Sparta group. The Sparta Group immediately challenged the constitutional validity of the Act in the High

Court of Mithila as violative of Article 14 of the Constitution of India on the ground that the Act failed to

answer the test of reasonable classification. A Single Judge Bench upheld the constitutional validity of the

Act. Further, it was held that the provision of the Act pertaining to compensation is vague and uncertain and

that it be suitably amended to incorporate a concrete provision regarding the same. Being aggrieved by the

judgment the Sparta Group filed an appeal in the division bench of the High Court of Mithila which declared

the Act to be “unconstitutional and void”.

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IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015 The Division Bench held that this Act on “land acquisition” is a concurrent subject and some provisions of

the law are in conflict with Central Land Acquisition, Rehabilitation and Resettlement Act, 2013 as no

proper Social Impact Assessment or Environmental Impact Assessment clause is found in the impugned Act

which is essential in case of any land acquisition as per the aforesaid Central Act that it comes under its

shadow. In addition to that it was also held that the said Act did not contain any concrete criteria to

determine the issue of public purpose which is an essential requirement as returning of land to the

“unwilling” farmers or landowners was not a public purpose. The Act was held violative of Article 14 of the

Constitution of India as it failed to satisfy the test of reasonable classification and intelligible differentia.

The bench also observed that the state government has not sought the assent of the President of India which

according to it is necessary for such an Act. Further the High Court of Mithila observed that there was only a

mention of the term “refund” in the Act and no clear cut compensation scheme was provided.

Aggrieved by the decision of the High Court of Mithila, the State Government preferred an appeal to the

Supreme Court of India. The Supreme Court of India admitted the appeal and listed it for final hearing

framing the following issues:

1. Whether the Bangur Land Rehabilitation and Development Act, 2013 is violative of Article 14 of the

Constitution of India?

2. Whether the consent of the President of India was essential for the Bangur Land Rehabilitation and

Development Bill, 2013?

3. Whether the absence of Social Impact Assessment clause renders the Bangur Land Rehabilitation

and Development Act, 2013 repugnant to the Central Land Acquisition, Rehabilitation and

Resettlement Act, 2013?

4. Whether the acquisition of land under the Bangur Land Rehabilitation and Development Act, 2013

fulfills the criteria of “public purpose” as mentioned in the Central Land Acquisition, Rehabilitation

and Resettlement Act, 2013?

5. Whether the “refund clause” mentioned in the Bangur Land Rehabilitation and Development Act,

2013 is legally valid?

Note:

a. The Bangur Land Rehabilitation and Development Act, 2013 is pari materia with the Singur Land

Rehabilitation and Development Act, 2011.

b. The teams may frame any other relevant issue.

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IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015

IMS UNISON UNIVERSITY

3rd NATIONAL MOOT COURT COMPETITION-2015

REGISTRATION FORM

INSTRUCTIONS: All participating teams are requested to fill in the details in capital letters and a scanned

copy of the filled form should be mailed to [email protected] to expedite allotment of the team code.

Please read the Rules and Regulations of the competition before submitting this registration form.

1. UNIVERSITY/ COLLEGE DETAIL

Name of University/College:……………………………………………………………………

Address of University/College:…………………………………………………………………

Name of Dean/HoD: ……..……………………………………………….…………………….

Telephone No.: ………………….………...... Fax No.:…………….…………..…………….

E-Mail:………………………………………Website:…..………...…………………………..

2. TEAM DETAILS

Speaker-1

Name:……………………………………..………Gender: …………..…..…………………….

Course:…………………………………………...Year:…………………………………………

Mobile No: …………….……………………........Email:……………….……………..…………

Speaker-2

Name:…………………………………………….Gender:………..………………......................

Course:………………………………………….. Year: ………………………………………….

Mobile No: …………….…………………………Email: …………..………….………..………..

Researcher (if any)

Name: …………………………………….…. Gender: ……………..………………................

Course:……………………………………….. Year: …………………………………………..

Mobile No: ………….…………………………Email: …………….……………..…………….

Additional Member (if any)

Name: …………………………………….…. Gender: ……………..………………................

Mobile No: ………….…………………………Email: …………….……………..…………….

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IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015 3. WHETHER ACCOMMODATION IS REQUIRED? Yes No

4. PAYMENT DETAILS/ BANK TRANSFER:

Name of the Bank: …………………………..…………………………………………………..

Demand Draft No………………………………………………………………………………..

Amount…………………………………………………………………………………………...

Date:…………………………………………..…………………....…………………………….

Note: Demand draft should be in favour of “IMS UNISON UNIVERSITY” payable at Dehradun.

5. DECLARATION BY THE TEAM MEMBERS

We hereby certify that the information given by us is true and complete in all material respect. We also

undertake to abide by the Rules & Regulations of the Moot Court competition.

____________ _______________ ________________

Signature of Speaker #1 Signature of Speaker#2 Signature of Researcher

6. VERIFICATION BY THE DEAN/HoD

I hereby verify that this student is a bonafide student of our Institution/University and the information

given by him/her is true to the best of my knowledge.

Date: Seal and Signature of

Place: Dean/HoD

Note: All the participants are requested to send the scanned copies of the Registration Form, Travel Plan and

Demand Draft Receipt to [email protected] by August 29, 2015 and their hard copies by September 3,

2015.

Postal Address

Dean & Head-School of Law,

IMS Unison University,

Makkawala Greens, Mussoorie Diversion Road,

Dehradun- 248009

Email: [email protected]

Web Site: www.iuu.ac

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IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015

IMS UNISON UNIVERSITY

3rd NATIONAL MOOT COURT COMPETITION-2015

TRAVEL PLAN

1. Name of the Team Members: a…………………………………………………………………..

b…………………………………………………………………..

c…………………………………………………………………..

2. Name of any additional member:………………………………………………………………...

3. Name of University/ College:……………………………………………………………………

4. Arrival Details:

a. Mode of Arrival: Train Air Bus

b. Train/Flights No. & Name:…………………………………………………...

c. Scheduled Arrival: Date ………………….. Time ……………. am/ pm

d. Coach No. (in case of Train):….......................

5. Departure Details:

a. Mode of Departure: Train Air Bus

b. Train/Flights No. & Name:…………………………………………………….

c. Scheduled Departure: Date ………………….. Time ……………. am/pm

d. Coach No. (in case of Train):……………………

6. Any other details:

……………………………………………………………………………………………………………

……………………………………………………………………………………………………………

____________ _______________ ________________

Signature of Speaker #1 Signature of Speaker #2 Signature of Researcher

Note: All the participants are requested to send the scanned copies of the Registration Form, Travel Plan and

Demand Draft Receipt to [email protected] by August 29, 2015 and their hard copies by September 3,

2015

Postal Address:

Dean & Head-School of Law, IMS Unison University,

Makkawala Greens, Mussoorie Diversion Road,

Dehradun- 248009

Email: [email protected]

Web Site: www.iuu.ac