Presents

Competition 2017

MOOT COURT

Amity Law School

rdnd

Aminova 2017

National Level

Date : 2 & 3 Feb 2017

Chief Patron:Hon’ble Prof.(Dr.) V.V.Khole,

Vice Chancellor, Amity University Mumbai

Event Head :Dr. Kuldeep Singh Panwar,

Amity Law School

Student Co-ordinator:Mohammed Anas Khan

Amity Law School

Patron:Prof.(Dr.) Mrinal Raste,

Dean & Director,Amity Law School

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AMITY LAW SCHOOL

NATIONAL LEVEL MOOT COURT COMPETITION - 2017

GUIDELINES AND RULES

The Amity National Moot Court Competition is organized by Amity Law School, Mumbai.

The Competition is to be held from 2nd to 3rd of February 2017 at Amity University, Mumbai.

Chapter 1. STRUCTURE OF THE MOOT

The Competition shall be conducted in the English language only. The Competition consists

of two levels: (a) Preliminary Rounds and (b) Final Rounds. The top 4 teams which qualify

after the Preliminary Elimination Round shall participate in the Final Rounds, which is viz.

Semi Finals and Finals. The Faculty Coordinator shall serve as the final authority of

implementation and interpretation of these Rules. The decision and the result submitted by the

judges of the concerned moot court shall be final and binding without provisions of appeals.

Chapter 2. ELIGIBILITY & COMPOSITION

All law schools, universities and institutions in India or abroad with minimum three year or

higher duration LL.B. courses shall be eligible to participate. Each participating team shall

comprise of three members wherein two (2) members, shall be designated as Speakers and one

(1) member as Researcher.

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Chapter 3. REGISTRATION

The registration of the team shall be confirmed only on the receipt of memorials. The

registration fees shall be paid at registration counters on the day of preliminary rounds. The

registration fees for the event is Rs. 500/-

Chapter 4. MEMORIAL

The total length of each Written Submission/Memorial should not be more than 30 pages (one

sided). The Pleadings/Arguments Advanced section should not be more than 20 pages. Written

Submission/Memorial must be typed and submitted on standard A4 size paper sheets, with

equal margins of 1 inch on all sides. The text font for Written Submission/Memorial should be

Times New Roman size 12 for the main body, and Times New Roman size 10 for the footnotes.

A uniform mode of citation has to be followed in the memorial. The main body of the memorial

should be in 1.5-line spacing. The footnotes and headings shall be in single line spacing.

Character spacing should not be condensed.

The Written Submission must be spiral bounded. Three copies are to be submitted to the Moot

Court Organisers on the specified date for submission of memorials. The page numbers should

be mentioned on the right side at the bottom of each page. The teams shall be preparing the

Written Submission/Memorial from both the sides. No team is supposed to reveal its identity

in the Written Submission/Memorial. The teams shall receive their team codes on receipt of

pre-registration form. All teams are supposed to write their team code on the right upper corner

of cover page. The colour scheme for the cover page is following: -

Petitioner – Red

Respondent – Blue

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The Written Submission/Memorial must consist of the following parts:

Cover page

Table of Contents

List of Abbreviations

List of Authorities

Statement of Jurisdiction

Statement of Facts (one page only)

Issues

Summary of Pleadings

Pleadings/Arguments Advanced

Prayer (one page only)

The memorandum shall be evaluated out of 100 Marks

1. Understanding of Law and extent of research 25 Marks

2. Originality, Articulation and Clarity in Analysis 20 Marks

3. Knowledge and Integration of Facts 20 Marks

4. Logical progression of Ideas and Use of Authorities 25 Marks

5. Persuasiveness of presentation and correctness of citations 10 Marks

Chapter 5. ORAL SUBMISSIONS

The time limit for competition shall be 20 Minutes for each team in preliminary rounds. This

shall include the submission of both the Speakers from the team. No Speaker shall be permitted

to reserve more than 12 Minutes for his individual oral submission.

In the final rounds the time limit shall be 30 minutes. No Speaker shall be permitted to reserve

more than 18 minutes for his individual oral submission including rebuttals.

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The marking scheme for each oral presentation shall be following.

1. Knowledge of Law 20 Marks

2. Application of Law to Facts 20 Marks

3. Ingenuity, Ability to Answer Questions 20 Marks

4. Style, Poise, Courtesy and Demeanour 20 Marks

5. Time Management and Organisation 20 Marks

The dress code shall be formals in black and white. Court gowns and bands are not allowed

during oral submissions.

Chapter 6. RESULTS

The result of the team shall be the total scores of written memorial and oral presentation out of

300. The summations of memorial score with combined score of two oral submissions shall be

the final score of the team. For the determination of best oral submission individual scores shall

be taken into account out of 100.

Chapter 7. AWARDS

1. BEST ADVOCATE

2. SECOND BEST ADVOCATE

3. BEST MEMORIAL PETITIONERS

4. BEST MEMORIAL RESPONDENTS

5. WINNERS

6. RUNNER UPS

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Chapter 8. ACCOMODATION

Accommodation shall be provided to the teams participating from outside Mumbai if available.

The transport facilities shall be provided from Panvel Station to Amity University, Mumbai

campus only by transport pooling. All the teams are expected to send their travel itinerary in

advance. No travelling allowances shall be borne by the organisation.

Chapter 9. IMPORTANT DATES

Activity / Event Date

Release of Moot Problem 22nd Dec. 2016

Last Date of Submission of Registration Form 13th Jan. 2017

Last date of Submission of Memorial (Soft Copy) 23rd Jan. 2017

Last date of Receipt of Memorial (Hard Copy) 27th Jan. 2017

Date of Event 2nd – 3rd Feb. 2017

Preliminary Rounds 2nd Feb. 2017

Semi Final and Final Round 3rd Feb. 2017

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Chapter 10. MISCELLANEOUS

Any misrepresentation will lead to disqualification of the team. Scouting is strictly prohibited

and if anyone is found engaging in it, the team shall be deemed disqualified. Amity University,

Mumbai is a smoke free campus. The university policy also prohibits consumption of liquor

and non-vegetarian food. Any form of misbehaviour and non-parliamentary conduct shall lead

to strict action leading to termination of team from the competition.

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AMITY UNIVERSITY, MUMBAI

NATIONAL LEVEL MOOT COURT COMEPETITION - 2017

MOOT PROBLEM – Preliminary Round

1. Republic of Indusland is a postcolonial nation. It achieved its independence from long

colonial rule of the ‘Empire’. The geopolitical location of Hindustan is peculiar as it

shares borders in west with Mulkistan (seceded from Indusland), on the north east a

communist People’s Republic of Manchuria (a permanent member of Global Security

Council), off shore towards the southern peninsula an island nation of Teadilmahelam,

towards east it shares over a hundred enclaves and counter enclaves with Muktbanga

(liberated from Mulkistan), Indusland is also located on the foothills of world’s largest

mountain ranges named Vedkush. It is the source of most of the rivers in northern plains

of subcontinent. In these ranges historically there were four kingdoms namely Dal-Tavi

(now part of Indusland), Dalaibet (part of Manchuria), Depal (recently transited from

monarchy to constitutional democracy), Dzongs Druk (a constitutional monarchy).

2. In contemporary times Indusland is facing several challenges as an emerging market

and developing nation. The principal problem being corruption. The government of the

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day is formed by clear majority Hindustan People’s Dal (HPD) with its democratic

allies. The party got electoral mandate on slogans of development and to ‘wage war’

against corruption and counter Mulkistan over Dal-Tavi (a territorial dispute over

sovereignty between two states and also a social and militant movement for self-

determination).

3. On November 8, 2016 the Prime Minister (PM) of Indusland declared all the currency

notes of denominations of 500 and 1000 will no longer be a legal tender in a dramatic

way with an intent to check corruption and black money. The decision got lot of praise

in first wave of popular debates across country. This also stopped ongoing hostile

situation in Dal-Tavi and efficient check on fake and counterfeit currency being

supplemented from Manchuria and Mulkistan. The Reserve Bank of Indusland (RBI)

assured printing new bills of 500 and 2000 as replacing balance.

4. This move of demonetization got immense popularity but fizzled out in days to come.

The absolute cash crunch resulted in lot of dissatisfaction amongst the masses. People

with no accessibility to the digital sources were worst hit. Several cases of stampede in

que of ATM surfaced, and also death toll related to demonetization due to ill health,

overwork and frustration reached 100.

5. In the meantime, heavy cash was seized from various locations and a lot of middle-men

and co-operative banks came under scanner. The withdrawals and deposit limits were

fixed as per the guidelines of Reserve Bank of Indusland (RBI).

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6. In April, 2016 millions of documents were leaked related to offshore entities in Pafna

(a tax haven country). The mammoth task of leak was done with International

Consortium of Investigative Journalists (ICIJ) with their Indusland partner Indus

Express (a news group). These offshore entities were created by Pafna law firm and

corporate service provider named May Ramirez. The findings of journalists with the

evidence suggested that these accounts were used to perpetuate terrorism, tax evasions,

paying bribes and for kleptocracy. The papers mentioned names of many celebrities,

businessmen and political icons of Indusland and Mulkistan.

7. In 2014, a deal was annulled by Indusland with M/S Victoria Midlands (a company

registered in Republic of Gelato) with regard to purchase of 12 VVIP luxury choppers.

The deal was cancelled because of involvement of middlemen between the deal and

heavy bribe was paid for the deal. The audit report of Comptroller and Auditor General

(CAG) of Indusland confirmed irregularities in the selection of particular choppers of

Victoria Midlands. The concerned people Mr. Giuseppe Bori and Stan Bobbili were

sentenced for false accounting in the corruption in Republic of Gelato. In Indusland, a

Special Investigative Team (SIT) was formed to look into the matter.

8. The recent development has been that Victoria Midlands paid bribes to Indus agents

through an offshore account in Pafna. It was transferred into two separate accounts of

unidentified Indus nationals. Moreover, the apex court of Gelato has referred the case

back to the tribunal for retrial. It is believed that accused will be free in March 2017 as

the case will be closed due to expiration of limitation statute. Furthermore, the new bills

of 2000 in huge quantities have been seized from Midas Crores a subsidiary company

of Victoria Midlands in Indusland. This has raised quite a stir and concern in media.

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9. A civil society named ‘Jago Upbhogta’ which works mainly on consumer rights,

governance, international trade policy design and capacity building along with eminent

social interest lawyer Dr Jatin Keshav and journalists from Indus Express filed a PIL in

the Hon’ble Supreme Court of Indusland in light of new facts and evidence collected

by Indus Express from ‘Pafna Paper Leaks’.

10. The petitioners are seeking for Central Bureau Investigation (CBI) probe into the matter

to expedite the proceedings. On a national television named Times Wow, the petitioners

also made towering claims and challenging government for intentionally delaying the

investigation process. Dr Keshav also criticised government for not looking into

extradition process and possibility of any enquiry and interrogation in Gelato.

11. On 31st January 2017, the apex court of Indusland heard both the parties. In this

preliminary hearing the Hon’ble court asked to justify the locus standi and asked for

constitutional basis for the petition. After a very brief heated arguments advanced from

both the sides; the courtroom was chaotic and court requested the counsels to address

to the court and not to each other. The court was adjourned after Hon’ble Justice made

warning statements such as to maintain the decorum and dignity of the court and not to

raise the voice.

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12. Nonetheless, the Hon’ble court taking cognizance of the subject matter interest framed

tentative issues to restrict the chain of frivolous augmentation: -

a. Whether the writ petition filed by three petitioners maintainable before the Supreme

Court of Indusland as Public Interest Litigation or Social Action Litigation?

b. Whether the Supreme Court has original jurisdiction upon the existing criminal

investigation?

c. Whether corruption free service from the State and government is a fundamental right

of a citizen?

13. The laws of Indusland and Gelato are in pari materia to the laws of India and Italy

respectively.

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AMITY UNIVERSITY, MUMBAI

NATIONAL LEVEL MOOT COURT COMEPETITION - 2017

MOOT PROBLEM – Semi Finals & Final Round

1. Sindhu Ghati is the largest democracy in the world. It is the second most populous

country in the world with 1.3 billion people. Sindhu Ghati is covered with diverse

terrain from Himalayan peaks to Sindhu Ocean peninsula. It is a Secular, Democratic

and Republic country governed by parliamentary system. The Constitution of Sindhu

Ghati is the supreme law of the land. This country has magnificent history and rich

civilization and is home to various religious and ethnic groups. The laws of Sindhu

Ghati are in pari materia to the laws of India.

2. Presently, Sindhu Ghati is governed by a political party named United Sindhu Forum

(hereinafter, referred as ‘USF’). USF firmly believes in pluralistic society but believes

that all the diversities lead to a common ideology when we talk of nation and

nationalism. USF formed the government in 2015 and Prime Minister is very popular

among the masses.

3. In furtherance to its nationalist ideology, USF government has introduced a bill in the

winter session of parliament in 2016. This bill sought to introduce the constitutional

amendment to the fundamental duty under part- IV A Constitution of Sindhu Ghati,

1950 in order to establish the practice of compulsory playing of the “National Anthem”

in all cinema halls where everyone shall stand up as a mark of respect, with all exits

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closed off, among other do’s and don’ts. This bill was passed by both the houses of

Parliament of Sindhu Ghati and thereafter it became a Constitutional Amendment.

4. In November 2016, based on the advice of the central government, President of Sindhu

Ghati promulgated ordinance stating that any person having more than 2 Crores of

deposit in the bank will be subject to mandatory certification and verification from the

Income Tax Department. Government stated that this step will help to control the black

money in the country. Meanwhile, Mr. Potawala contended that the said ordinance is

violation of Right to Property and planned to challenge the constitutional validity of the

same in the Supreme Court of Sindhu Ghati.

5. In the recent development, Ministry of Home Affairs of government of Sindhu Ghati

has decided to cancel the license of more than 500 NGO’s by citing the report of the

intelligence agencies that they are receiving foreign funds to promote anti-national

activities in the region.

6. In the light of the situation, Mr. Jugal Padgaonkar popular social activist approached

the Supreme Court of Sindhu Ghati under Article 32 of the Constitution of Sindhu Ghati

that this government is trying to curb his constitutional rights and individual freedom

in the name of nationalism. Mr. Jugal Padgaonkar is very famous social activist and

popular face in the country and has always fought for rights and liberties of individuals

and minorities against attempts by the state to encroach on them.

7. Thus, as per Mr. Padgaonkar’s views that taking the patriotism test into the cinema hall,

by force-feeding the notion of nationalism to audience seeking entertainment, the

government is violating individual freedom. Mr. Padgaonkar on the banner of his NGO

– “SWATANTRA SWARAJ” filed two separate petitions in the Supreme Court against

the government move to make compulsory singing of National Anthem and ban on

NGO’s. Mr. Potawala, has also approached the Supreme Court against the promulgated

ordinance. After preliminary hearing on the matter, the Supreme Court granted

leave to hear the petitions.

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8. As the petitioner and the respondents were same in both the cases. Supreme Court

considering the subject matter decided to club the issues.

ISSUES:

a) Whether the Constitutional Amendment Act, 2016 is constitutionally valid?

b) Whether ordinance is violation of Right to Property?

c) Whether cancelling the license of NGO’s is legally valid?

*The abovementioned issues are for indicative guidance only. The teams are entitled to

frame issues contextually.

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AMITY LAW SCHOOL

NATIONAL LEVEL MOOT COURT COMPETITION - 2017

PRE-REGISTRATION FORM

College/Institute/University Name: __________________________________________

Address: ________________________________________________________________

Email ID: _______________________________________________________________

Faculty Advisor’s Name and Contact: ________________________________________

Name of the Participant Gender Role:

Mooter/

Researcer

Contact Details

(E-mail Address and Mobile

Numbers)

Date:

Signature and Seal of Head of the Institute

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AMITY UNIVERSITY, MUMBAI

NATIONAL LEVEL MOOT COURT COMEPETITION – 2017

TRAVEL PLAN

DATE OF EVENTS : 2-3 FEBRUARY 2017

Sr. No. Name of the Participant Gender Contact Details

(E-mail Address and Mobile

Numbers)

Date & Time of Departure (From Base) :

Mode Of Transport (From Base) :

Train/Bus/Flight/Cab Details :

Date & Time of Arrival (To Mumbai) :____ / ____ / 2017 ; ____: ____ AM/PM

Date & Time of Arrival (To Panvel) : ____ / ____ / 2017 ; ____: ____ AM/PM

Emergency Contact Number :

Note: The pickup shall be arranged from Panvel Suburban Railway Station only.