National E-memorandum Writing competition 2018 · It gives us immense pleasure to most cordially...

1st National E-Memorandum Writing Competition, 2018

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Lex Assisto

In Association with

Advocling

Present

Inaugural Edition

Of

1st National E-memorandum

Writing competition

2018

On

Men’s right

For more details contact

Lex Assisto Advocling

Mr. Jyotirmoy Banerjee Ms. Vrinda Matta

+91 8504951904 +91 9711976413, 8802181970


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Lex Assisto

In Association with

Advocling

Presents

Inaugural Edition of 1st National

E-Memorandum writing

Competition, 2018

Registration opens on 25th May, 2018

Registration closes on 30th July, 2018

Date of Submission of Soft Copy of Memorial on

23rd August, 2018

Date of result 30th August, 2018

Dear Sir/Madam,

Greetings!

The Lex Assisto in association with Advocling is now gearing up to

organize the Inaugural Edition of 1st National E-Memorandum Writing

Competition, 2018. Lex Assisto and Advocling has been working in

different legal aspects around the country from a good period of time.

It gives us immense pleasure to most cordially invite you and your

esteemed institution to participate in the 1st National E-Memorandum


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Writing Competition, 2018 being organized by Lex Assisto in

association with Advocling on August 23, 2018.

The competition will indeed be an ideal platform to bring together some

of the most creative and intellectual young minds from leading Law

Schools around the globe to participate and witness their mastery on

research skills to be adjudged by a panel of experts.

All the Law School are invited to confirm their participation through

registering themselves by filling the form and by sending a

confirmation email. The soft copy of the Memorandum should be send

last by 23rd August, 2018. The payment of registration can be down by

Paytm or Bank Transfer.

We look forward to welcoming you for participating in Inaugural

Edition of 1st National E-Memorandum Writing Competition, 2018.

Kind Regards,

Mr. Jyotirmoy Banerjee Ms. Vrinda Matta

Founder & Director Founder & CEO

Lex Assisto Advocling


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Contents

MOOT PROPOSITION ..................................................................................... 6

RULES OF THE COMPETITION ................................................................. 10

REGISTRATION FORM ................................................................................ 15

SCHEDULE OF EVENTS ............................................................................... 17

AWARDS ........................................................................................................... 18

OUR PARTNERS ............................................................................................. 19

CONTACT DETAILS ...................................................................................... 20


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Moot Proposition

India is a common law country with diverse traditions, several religious cultures and a history

dating back to ages. The constitution of India envisaged the principle of equality as an essential

facet for societal development. India’s sustained democratic freedoms are unique among the

world’s younger nations; however, in spite of economic and social advancements, there is

seemingly unyielding poverty, religious and caste related incidents of violence, separatism and

other social evils still prevalent in the country.

Mr. Rohan is a mechanical engineer based out of Jaipur district of Yomipur and works at a

Coal Mining Company. He excelled in his studies and graduated with a gold medal for his

academic performance from a reputed government engineering college located in a small town

named Burla. However, his pay-scale didn't match the amount he deserves. Mr. Ashok, Rohan's

father, is a retired Colonel of the Indian Army and Mrs. Ananya, Rohan's mother, is a retired

Principal of a local higher secondary school.

Ms. Shanaya is a neurologist by profession and shared the same school with Mr. Rohan till

standard 12th. They knew each other well but did not have good terms back in school. Ms.

Shanaya had proposed to Mr. Rohan expressing her love for him, but she had faced a rejection.

Mr. Aravind, Shanaya's father, is a businessman and is a very good friend of Mr. Ashok.

In early 2013, Rohan and Shanaya decided to marry on the request of their parents. Both of

them quite readily agreed for the same and there was not much hesitancy from either side. The

marriage was solemnized as per the Hindu marriage rituals on 19th September, 2013. It was an

arranged marriage decided by parents.

Rohan had disclosed everything about his job including the fact that he earned a low salary.

Both of them had shared a live-in relationship for around 4 months before marriage to

understand each other well and it was only after both of them got fully assured about the

relationship, they tied the knot. Both the families had firm believes against the concept of

dowry, however, owing to a traditional practice of the family, INR 1.00 was given to Mrs.

Shanaya by her father, as part of a customary practice.


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After marriage, Shanaya shifted to Jaipur where Rohan resides in a 1 BHK flat. She was really

a short-tempered lady and always kept Rohan on toes and used to quarrel with her in-laws for

all small things and had very less interaction with them.

Ms. Shanaya delivered a baby girl in July, 2014 and insisted to go to her matrimonial home for

around 3 months. Rohan was against the idea since as per certain customary practice followed

by his family, the first child shall remain in the house of the in-laws. Mr. Rohan arranged for

everything required to take good care of a child. Mr. Ashok and Mrs. Ananya arrived at Rohan's

place. Despite all of this, Ms. Shanaya went to her maternal house stating she will be more

comfortable there. The in-laws did not object to the same but were not happy with such conduct

of Shanaya.

She returned back to Rohan within 2 months. During those 2 months, Rohan used to visit

Shanaya's house on regular intervals to meet his daughter and wife and also used to give money

for all the essentials of the child.

Around November, 2016, Rohan got promoted to the position of Head Engineer and he started

earning well, got himself a brand-new Skoda car, bought a 3 BHK Flat and admitted her

daughter to a good nursery school. For her daughter, he was an idle father.

Shanaya had quit her job with the hospital when she got pregnant and has not found herself

another job since then. She involved herself in taking care of her daughter and the house since

Rohan had a job which mandated frequent tours and visits.

Rohan loved his wife a lot. However, the nature of Shanaya had started creating a few troubles

in the marital relationship. Shanaya never used to visit Rohan's parents, not even during rituals

and festivals. The marital relationship was full of small fights. On a couple of occasion, Rohan

had to request Shanaya to come back, since she used to go to her matrimonial home on small

issues.

In early 2017, Rohan was promoted again and was transferred to Tata Nagar where he had to

shift alone since his daughter, Aarushi was in mid-session of her schooling. However, after 1

year, both Shanaya and Aarushi shifted to Tatanagar.

Once Shanaya shifted to Tatanagar, she found out that for the last 1 year, Rohan was

accompanied by a female colleague named Ms. Niharika on each of his tours. The same even


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continued after she shifted. On the other hand, Shanaya found herself difficult to find any new

friends in the city and started feeling lonely. Even Aarushi was admitted to a day-boarding

school and she returned only in the evening after 7 PM.

Shanaya became suspicious about Rohan and Niharika. She once invited Niharika over a small

kitty party to celebrate Rohan's success. But her main intention was to know Niharika well.

She noticed that throughout the party, Rohan and Niharika was quite close and shared a

comfortable time with each other. This raised more questions in Shanaya's mind. This was

aggravated when she started thinking that Rohan has lost any interest in her because she no

longer had the perfect body she used to have before pregnancy.

On a later date, during an intense fight, Shanaya alleged Rohan of an illicit relationship with

Niharika. She went on to say that Rohan was involved in physical intercourse with Niharika

on various occasions during their tours. Rohan was shocked to hear such allegations and tried

his best to make her understand about the trueness of such allegations. But, Shanaya was in no

mood to give a patient hearing and immediately called Rohan's parents and informed them that

Rohan was involved in an extra marital affair.

Over such call, Shanaya also threatened the in-laws that she will first kill Niharika and her

family and then commit suicide herself, in case, Rohan doesn't quit his job and goes back to

Jaipur. As per Rohan, Rohan's parents reached Tatanagar to discuss about the situation with

Shanaya. In the absence of Rohan, they were treated very badly by Shanaya and were asked to

immediately leave the place. Rohan reached the place and saw his parents in distress. He had

to take them to the railway station and helped them board a train back to Jaipur on the same

night itself. On his return, Rohan was denied an entry to his own house by Shanaya and he had

to spend the night in a nearby lodge.

Shanaya on one fine morning, sent a mail to all the employees of the company where Rohan

worked, narrating her allegations against Rohan and also charged a few other colleagues of

forgery. In the mail she mentioned that she used to follow Rohan and Niharika for the last 2-3

months and went to the latter's apartment to enquire about both of them. The guard of the

apartment mentioned that Rohan used to visit Niharika quite often. He used to pick her and

drop her back from her house on a daily basis. She even inquired at a grocery shop and the

owner mentioned that he knew Mr. Rohan very well and admitted that on one occasion, he saw

Rohan along with a pretty lady. Shanaya also got hold of a footage which shows the presence


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of both of them in Rohan's car. She also mentioned in the mail that, because she was not allowed

to register an FIR against her husband for adultery due to legal restrictions, she was left with

no other option but to send the mail so that Rohan be ousted from the Company.

Rohan was not allowed to enter his house ever since that night. He had also stopped giving any

kind of money to his wife and daughter. However, Shanaya withdrew all the money from the

joint account. But soon, the money finished and hence she started threatening Rohan to give

money or else face dire consequences. Subsequently, Rohan lost his job and returned back to

Jaipur to start a small business for sustenance. Shanaya went back to her house and stayed with

her parents and Aarushi and got her admitted to a school.

Shanaya filed for divorce in the lower court and the same was granted to her since she claimed

the following: -

1. Rohan is a womanizer and had illicit relationship with his colleague named Niharika

and also with the wives of his brothers.

2. That Rohan stopped giving money for the sustenance of Shanaya and Aarushi, making

things miserable for them in Tatanagar, etc.

3. That Rohan and his parents constantly harassed her for not bringing any dowry and

hence she was subjected to a mental cruelty.

Rohan was also directed to pay a maintenance of INR 50 Lac towards Shanaya and Aarushi

and was given no visitation rights.

Rohan challenged the decision of the lower Court before the High Court and the High Court

reversed the order and held it in favour of Mr. Rohan and directed for the restitution of conjugal

rights.

Ms. Shanaya has now filed an appeal to the Hon'ble Supreme Court of India. In a simultaneous

move, Ms. Shanaya also filed a Writ Petition in the Hon'ble Supreme Court against the

constitutional validity of S. 497, IPC since she was unable to file a complaint against her

husband owing to legal restrictions.

Both the matters are now clubbed and is posted for final hearing before a Constitution Bench

of the Apex Court. Draft written submissions on with regard to all the point of laws mentioned

above.


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Rules of the Competition

ALL THE PARTICIPANTS HAVE TO MAKE THE MEMORIALS FROM BOTH

THE SIDE (PLAINTIFF AND DEFENDANT) OF THE CASE.

Article 1: Eligibility for Participation

1. The Competition is open to all students, enrolled bonafide on a regular basis in an

undergraduate Law course (5 years integrated Law course / 3 Year L.L.B Course) or

its equivalent conducted by any recognized Institution/College/University of any

country.

2. Any Institution/College/University can enter the Competition with more than one

team or individual.

3. There can be a composition of one single member or two members maximum (a

Team). There should be no Team comprising of three members.

Article 2: Language

1. The language use during the competition will be English.

Article 3: Clarification to the Case

1. Teams may request for clarifications via e-mail to [email protected], latest

by August 10, 2018 (11.59 P.M. IST).

Article 4: Anonymity of Teams

1. Teams shall not reveal their identity in any form, except by means of the Team Code

allotted to them during the Competition.

2. The Soft copy of the Submissions shall not reveal the identity of the team in any form

and should not bear the logo, name etc. of the University represented.

3. Any violation of Article 4.2 shall attract severe penalty or disqualification as

determined by the Moot Court Committee. The decision of the Organizing Committee

in this regard shall be final and not subject to challenge.

mailto:[email protected]


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Article 5: Registration of Individual/ Teams

1. Each participant shall complete the registration within the stipulated time. The

registration is a two-step process comprising of filling up of the registration form and

payment of the registration fee as provided in Article 6.

2. Registration will be open till May 27, 2018 (11.59 P. M. IST). The registration for the

event can be done from the official page of the 1st National E-Memorandum Writing

Competition, 2018. (www.nmwc.wordpress.com).

Article 6: Registration Fee

1. The Registration Fee for 1 Participant is INR 400/-.

2. The Registration Fee for 2 Participant (1 Team) is INR 750/-.

3. Payment of Registration Fee:

a. Individual or a Team must make payment by Paytm/ Online Payment. The

procedure for the same has been provided in the Annexure to the Competition

Rules.

b. All the formalities concerning the registration process should be completed by July

30, 2018. The decision of the Organising Committee shall be final in this regard.

c. Once the Individual or the Team is registered after completing the formalities, a

Team Code shall be assigned to it by August 30, 2018.

Article 7: Written Submission

1. Each Individual or Team is required to submit Memorial and Counter Memorial on

behalf of both the Applicant and the Respondent respectively.

2. Each Team shall send one (1) soft copy of the written Submission for each side in MS

Word Document 2007 or 2010 (.docx) format only, via E-mail, on or before August 23,

2018 to [email protected].

3. The Written Submission and Counter Memorial shall consist of the following

mandatory heads:

a. Title Page;

b. Table of Contents;

c. List of Abbreviations;

d. Table of Authorities;


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e. Questions Presented;

f. Fact Highlights, which may creatively and persuasively state the facts of the

problem in support of the positions argued in the Written Submission. The

Statement of Facts should remain faithful to the official facts and present them in a

reasonable way, but not a true copy of it.

g. Summary of Arguments;

h. Argument including footnotes; and

i. Final Submissions to the Tribunal.

4. The Written Submission (including the preliminary pages) and soft copy submission

shall be typed on A4-sized paper, with the following formatting specifications

• Font type: Times New Roman

• Font size: 12

• Line spacing: 1.5

• Body of text: Justified

For Footnotes, the formatting specifications are:

• Font type: Times New Roman

• Font size: 10

• Single spacing

• Paragraph spacing: 0

• No additional space between 2 footnotes

• Body of text: Justified

5. Table of Contents, List of Abbreviations, Table of Authorities, Section Headings and

footnotes shall be typed Single-spaced.

6. Teams shall cite authorities in the Memorials using footnotes following Harvard

Bluebook 19th Edition.

7. Footnotes should be limited only to citations and must not contain extra information or

arguments.

8. The Soft-Copy Submission shall not contain any annexure, photographs, graphs,

diagrams or any other representation of like nature.

9. The Soft-Copy Memorial shall not in any way identify the Team, its members, the law

school, faculty, university or other participating institution except with the Team Code


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as assigned by the organizers. The electronic version of memorials shall not have any

electronic identification of the Team.

10. Following colour scheme shall be followed for the cover page of the Soft-Copy

Submission:

• Applicant: BLUE

• Respondent: RED

Article 8: Evaluation Criteria for Memorial Submission

1. The Memorial marks of each Team in the preliminary rounds shall be awarded by a

discrete Panel other than the Oral Pleading Sessions Panel.

2. Every Written Submission will be marked on Scale of 100 and will be evaluated

according to the following criteria:

S. No Marking Criteria Maximum Marks Allocated

1. Knowledge of fact & Law 20

2. Application of Law & Facts 20

3. Use of Authority / Precedents 20

4. Organisation of Arguments and Clarity of

Thoughts

20

5. Mode of Citation of source 10

6. Presentation Style 10

Total 100

Article 9: Interpretation of Rules

1. The ORGANIZERS shall serve as final arbiter of implementation and interpretation of

these Rules.

Article 10: Miscellaneous

1. The Organizers reserves the right to modify any of the Competition Rules at any point

of time. The Organizer shall communicate any changes made in the Competition Rules

to the Teams.


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2. The Organizers reserves the right to take decisions on any matter not mentioned in the

Competition Rules. Any such decision taken by the Organizer shall be final and

binding.

The Organizers reserves the right to interpret any of the Competition Rules. Such

interpretation shall be final and binding.


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Registration form

Lex Assisto in association with Advocling presents the Inaugural Edition of 1st National E-

Memorandum Writing Competition, 2018 which has taken an initiative to take a step towards

a change for the society in the upcoming world.

The competition is based on the different facts and circumstances related to the modern world

which we people most of the time do neglect due to ignorance. The participants have to make

the Memorial from Both the side (Plaintiff and Defendant) of the Case.

Each and every individual has to fill the Registration Form to make themselves register for the

Competition. In this the participant can register themselves on Individual basis or in a formation

of Two members in a Team.

The participant has to make the payment by any mode via PAYTM or Bank Transfer, the

details are given below.

Details for Payment: -

• PAYTM NO.: +91 8504951904

(Mentioning your Name and College)

• Account in the Name Of: Mr. Jyotirmoy Banerjee

Bank Name: State Bank of India

Account Number: 35084245274

IFSC Code: SBIN0008067

Branch Name: Kapoorthala Bagh, Lucknow


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After the completion of payment, along with complete registration form all the participants are

required to take a picture/ screen-shot of the receipt. And compulsorily sent an e-mail

at [email protected], attaching your receipt with mentioning (Participant Name,

College/ University/ Institution Name, Year, Course, Contact No).

The registration form can be available at:

https://docs.google.com/forms/d/e/1FAIpQLScTdD6l08PvrhcOedMnBPGXfY-

Hww5LbbksaltFKs7PooAYzA/viewform

https://docs.google.com/forms/d/e/1FAIpQLScTdD6l08PvrhcOedMnBPGXfY-Hww5LbbksaltFKs7PooAYzA/viewform

https://docs.google.com/forms/d/e/1FAIpQLScTdD6l08PvrhcOedMnBPGXfY-Hww5LbbksaltFKs7PooAYzA/viewform


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Schedule of Events

S. No List of events Dates of Event

1. Release of Moot Problem 25th May, 2018

2. Registration Opens 27th May, 2018

3. Last date of Payment 30th July, 2018

4. Registration Closed 30th July, 2018

5. Last date for Clarification 10th August, 2018

6. Submission of Soft-Copy of the

Memorial

23rd August, 2018

7. Release of Result 30th August, 2018


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Awards

WINNING PRIZES WORTH RS. 1,00,000

Winner Award:

Cash Prize worth Rs. 15,000 + Voucher worth Rs 15,000 for Publication of

Book by Into Legal World + Voucher worth Rs. 1000 for Certificate Course

from Rostrum Legal + 1 Year Subscription of Lawteller Magazine + E-

Certificate of Achievement

1st Runner-Up:

Cash Prize worth Rs. 7,000 + Voucher worth Rs. 15,000 for Publication of




2nd Runner-Up:

Cash Prize worth Rs. 3,000 + Voucher worth Rs. 15,000 for Publication of




Special Prize:

5 Consolation Prizes: Rs. 1000 (Each) + Voucher worth Rs. 3,000 for

Publication of Book by Into Legal World (Each) + Voucher worth Rs. 1000

for Certificate Course from Rostrum Legal (Each)+ E-Certificate of

Achievement

All the participant will be awarded with Certificate of Participation.


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Our Partners

OUR SPONSOR

OUR SERVICE PARTNER

OUR MEDIA PARTNERS


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contact DETAILS

Mr. Jyotirmoy Banerjee

Lex Assisto

Founder & Director

+91 8504951904

Ms. Vrinda Matta

Advocling

Founder & CEO

+91 9711976413, 8802181970

Official Website for the Inaugural Edition of 1st National E-Memorandum

Writing Competition, 2018: www.nmwc2018.wordpress.com

Official Facebook Page for the Inaugural Edition of

1st National E-Memorandum Writing Competition, 2018:

https://www.facebook.com/events/436424873476708/

https://www.facebook.com/events/436424873476708/

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