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NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
NCU Law School
National Moot Court Competition (III Edition)
November 20 - 21, 2015
Organized by:
MOOT COURT COMMITTEE
NCU LAW SCHOOL
SECTOR-23-A, GURGAON – 122017, HARYANA
NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
ABOUT THE ORGANIZERS
THE NORTHCAP UNIVERSITY (Formerly ITM University), nationally
renowned for
leadership in
Engineering and
Management Studies
established a Law
School in 2010 to
promote profound
scholarship and
enlightened research in
law. THE NORTHCAP
UNIVERSITY felt the
need to establish this
Law School to provide highest quality professional legal education to face the
new challenges and dimensions of the internationalization of legal profession.
The vision of NCU
Law School is to be
ranked "Numero Uno"
amongst the premier
law schools of the
country. NCU Law
School strives to
achieve excellence in
legal education
through globally
relevant academic
programs, outstanding faculty members, interactive teaching pedagogy, limitless
clinical trainings and far-reaching projects.
Law teaching at NCU Law School is interwoven with related contemporary
issues, including international and comparative law perspectives. The curricula
and syllabi are based in a multidisciplinary body of social science and scientific
knowledge.
NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
Curriculum development includes expanding the domain of optional courses;
providing deeper understanding of professional ethics; modernizing clinical
courses; mainstreaming legal aid programs; and developing innovative pedagogic
methods.
NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
OUR SPONSORS & PARTNERS
UCOL: ADVOCATES & CONSULTANTS
UCOL is a Delhi based multi-jurisdictional law firm, the genesis of which dates
back to the year 1936. The firm has a PAN India presence with a strong team of
about 30 advocates and consultants besides other para-legal staff and legal
associates all over India.
Mrs. Kaadambari Singh Puri is the Managing Partner at UCOL. She has been
regularly advising MNC’s, foreigners, NRIs, PIOs with regard to FDI laws
concerning India, regarding legal aspects & structuring of entire transactions.
Mr. Sacchin Puri, enrolled to bar in 1998, serves as an adviser at UCOL. Because
of his brilliant strategies, he is favourite amongst various MNC’s. His expertise
has rendered him with the distinction of being one of the most widely covered
lawyers on television by various reputed channels including BBC, NDTV, NDTV
Profit etc. He advises clients on corporate and commercial laws in various sectors.
He has also been the Counsel for Union of India and the Special Counsel for the
Central Vigilance Commission. Mr. Puri has also rendered opinions to the
Canadian and German courts on the issues of applicability of foreign decrees in
India and of personal laws of India as applicable to Indians living abroad.
ADVOCATE RAVI CHAWLA
Advocate Ravi Chawla is one of the leading advocates based in Delhi. He was
enrolled with Bar Association in 1989. He has extensively dealt with cases
relating to criminal law, corporate laws, real estate laws etc. He has also been
appointed as an arbitrator in numerous arbitration proceedings.
He currently serves as chief editor in-charge of Apex Decisions: A daily journal
circulated to all district judges & high court judges, Chief Election Commission
of District Court Rohini, Vice- President of All India Lawyer’s Sports
Association, President of Advocates Sports Association of Delhi and Member of
Election Commission of District Court Tis Hazari. He also serves as a court
observer for Delhi Medical Association Elections.
AHUJA RESIDENCY
Established in 1982, Ahuja Residency is one of Delhi's leading providers of
quality guest houses, corporate residences and serviced apartments.
The properties have been recommended by several travel books like “Sawday's
Special Places to Stay: India” which writes about one of its properties as
"Wonderful - a peaceful oasis in the seething, sometimes overwhelming, capital."
Ahuja Residency also operates/ have operated guesthouses for companies such as
Microsoft, Nokia Siemens Networks, Nestle, General Motors etc.
NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
ABOUT NCU LAW SCHOOL MOOT COURT COMPETITION
NCU Law
School aspires
to create
lawyers who are
comfortable and
skilled in
‘dealing’ with
the differing
legal systems
and cultures that
make up our
global
community
while remaining
strong in one’s own national legal system. The NCU Law students are be trained
to specialize in international trade practices, comparative law, conflict of laws,
human rights law, environmental law, gender justice, space law, biomedical law,
bio-ethics, international advocacy etc.
NCU Law
School
organized the 1st
edition of its
National Moot
Court
Competition
from 13th-15th
March 2013, in
association with
Kochhar & Co.,
Advocates and
Consultants.
Sixteen teams
from various
law schools
across the country participated in the competition to showcase their advocacy and
NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
drafting skills. The final round was judged by a five judge bench comprising of
legal luminaries including Justice. S.K. Katriar, Mr. K.T.S. Tulsi (Sr. Advocate
Supreme Court), Mr. Tarvinder Singh. Hidayatullah National Law University,
Raipur, emerged as winners of the Moot Court competition with a narrow margin
win over their competitors from Amity Law School, Noida. The Best Speaker
(Male) was won by Mr. Keshav Pratap Singh Tanwar, UILS, Punjab, Best
Speaker (Female) was won by Ms. Christy Alex, Jamia Millia Islamia University,
New Delhi. The Best Memorial prize was awarded UILS, Punjab.
With the success of the 1st NCU Moot Court Competition, It climbed another
ladder by organizing the 2nd edition of its National Moot Court Competition from
14th - 15th March 2014. The Second Edition of NCU Law School National Moot
Court Competition, 2014 received tremendous response from colleges and
universities throughout the country. In an attempt ensure highest quality, the
number of teams participating in the event was restricted to sixteen. All
participating teams represent top law schools and universities across India
including six National Law Schools. In a short span of two years, NCU Law
School has carved a niche for itself, as a leader in Environment Law Moot Court
Competition. Last years’ problem was based on a debate between first generation
and second generation environmental rights, in light of the proposed setting up of
Small Hydroelectric Power plants and perceived environmental harms therefrom.
NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
The Inaugural Session
for the Second NCU
Law School National
Moot Court
Competition was held
on Wednesday,
March 12, 2014. The
Chief Guest for the
occasion was Hon’ble
Mr. Justice V.B.
Gupta, Former Judge,
High Court of Delhi
and presently
Member, National
Consumer Disputes Redressal Commission (NCDRC). Hon’ble Vice Chancellor
& Professor of Eminence, THE NORTHCAP UNIVERSITY, Prof. Prem Vrat
presided over the session and Mr. Pramod Ahuja, Senior Advocate, Supreme
Court of India was the Guest of Honour. Ms. Neha Tripathi, student of First year,
BBA LL.B. programme of NCU, Gurgaon coordinated the Inaugural Session and
welcomed all the guests. This was followed by the invocation to Goddess
Saraswati and lighting of
the ceremonial lamp by
all the dignitaries present
on the occasion. Prof. S.
Shanthakumar, Director,
NCU Law School,
welcomed all the
participants and
introduced the guests for
the evening. UCOL
Advocates &
Consultants, were the
Principal Sponsors for the event and Ahuja Residency, provided accommodation
facilities to all participants free of cost. mylaw.net sponsored online law courses
for all participants and winners. Hon’ble Vice Chancellor in his Presidential
Address appreciated the theme of the Competition and the need for moot court
competitions and called them the ‘laboratories of law’. He also spoke of the
NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
‘Triple Bottom Line’ concept whereby every project must satisfy the needs of
People, Planet and Profit. He discussed as to how environment protection and
economic development are not adversarial in nature and need to go hand-in- hand
and he ended his address by blessing all the participants and wishing them all the
very best. Mr. Pramod Ahuja, Senior Advocate, Supreme Court of India, in his
Special Address, stressed on the need for practical knowledge in the practice of
law and spoke about how moot court competitions were a step in the right
direction. Hon’ble Mr. Justice V.B. Gupta, formally declared the Competition
open. In his address, Justice Gupta stated that each child is different and will
certainly excel in his / her chosen field. He urged students to go ahead and live
their dreams and concluded is address by speaking about how even small
contributions matter in the field of environment protection. The Preliminary
Rounds for the Competition were conducted in four sessions in four different
court rooms on Thursday, March 13, 2014. Each team got the opportunity to
present their case from the side of the Petitioner as well as the Respondent and
were judged by a panel drawn from academia, law practice and law firms. The
top eight teams advanced
to the quarter finals,
which were conducted in
the afternoon session the
same day. The best four
teams from the Quarter
Finals stage, namely,
GNLU Gandhinagar, ILS
Law College Pune,
School of Law Christ
University and NLIU
Bhopal advanced to the
Semi Finals, which was held during the forenoon of Friday, March 14, 2014. The
Final Rounds witnessed a very closely fought battle for the trophy between
School of Law Christ University, Bengaluru and NLIU Bhopal with both teams
displaying great calibre and advocacy skills. The final rounds were judged by
Hon’ble Mr. Justice S.K. Katriar, Former Judge, High Court of Bihar; Hon’ble
Mr. Justice S.N. Jha, Former Chief Justice, High Court of Rajasthan, Ms.
Aishwarya Bhati, Hon’y Secy., Supreme Court Bar Association and Prof. S
Shanthakumar, Director, NCU Law School. Aradhyanayan Tiwari was adjudged
the Best Male Speaker, Reshma Raja the Best Female Speaker [both from School
NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
of Law, Christ University]
and NUSRL Ranchi was
adjudged to have the best
Memorials. The all-girl
team from NLIU Bhopal
emerged as the Winners of
the Competition with
School of Law, Christ
University as the Runners
Up. The Valedictory
Ceremony and Prize
Distribution were held on
the same day. Hon’ble Mr. Justice Sanjeev Sachdeva, Judge, High Court of Delhi
was the Chief Guest for the ceremony. Other guests included Hon’ble Mr. Justice
S.K. Katriar, Former Judge, High Court of Bihar; Hon’ble Mr. Justice S.N. Jha,
Former Chief Justice, High Court of Rajasthan, Ms. Kaadambari Puri, MD,
UCOL, Mr. Pramod Ahuja, Sr. Advocate, High Court of Delhi, Mr. Dinesh
Kumar Mishra, Judge, CBI Court, Ms. Laika Agarwal (Ahuja Residency) and Mr.
Kunal Mehra (Rainmaker). The Ceremony started with the welcome address by
Prof. S. Shanthakumar
who welcomed all the
guests and thanked
them for their presence,
while introducing them
to the gathering. He
expressed his
happiness at the great
sportsman spirit shown
by all teams over the
course of the 2 day
competition and hoped for greater participation in future. He thanked Ms.
Aakanksha Kumar, faculty coordinator for the event also all the student
volunteers for making this event a grand success. Mr. Kunal Mehra, VP,
Rainmaker spoke to the participants and handed out the usernames and passwords
to the Online Environmental Law Course at myLaw.net which was given as a
participation prize to all participants, free of charge. Ms. Kaadambari Puri in her
short address marvelled at the turn out for the competition and expressed her
NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
gratitude to the institution for enabling her organization to be part of such a grand
event. Hon’ble Mr. Justice S K Katriar exalted the benefits of moot court
competitions for law students in his address and expressed the difficulty in
judging the final rounds of the competition, given the great level of skill and
persuasiveness expressed by both teams. Hon’ble Mr. Justice SN Jha echoed
Justice Katriars’ views on judging and also complemented the organizers for
choosing such a contemporary issue for a moot court competition. Mr. Dinesh
Mishra spoke of how a specialist moot court competition on environmental law
is the need of the hour in the country and how NCU Law School is taking strides
in the direction of carving for itself a niche in the area. Hon’ble Mr. Justice
Sanjeev Sachdeva in his Valedictory Address highlighted the nuances of great
advocacy skills and highlighted the difference between a “good lawyer and a
great lawyer” through an anecdote about smoking while praying. He
congratulated the winners and the participants and expressed his wish to continue
his association with NCU Law School, while branding the NCU Law School
National Moot as the “Stetson Moot in India”, to a thunderous round of applause
from the organizing committee and the participants alike.
The NCU Law School’s National Moot, though just into its 3rd year, has already
gained popularity among the law student fraternity as a one of its kind.
NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
MOOT COURT COMPETITION, 2015
1. Title & Commencement:
1.1 The NCU Law School National Moot Court Competition (III Edition)
(hereinafter referred as MCC) shall be held on 20th & 21st November, 2015 at
THE NORTHCAP UNIVERSITY, HUDA Sector 23A, Gurgaon- 122017,
Haryana.
2. Language:
2.1 The language of the Competition shall be English.
3. Eligibility Criteria:
3.1 Law schools/Colleges/ Institutes/ Universities, recognized by the Bar
Council of India, are eligible to participate in the MCC. The participants
should currently be pursuing their Bachelor’s degree in law i.e., Three Year
or Five Year Law Courses. Students who have completed their law courses
are not eligible to participate in the competition.
3.2 Only one team can register from a particular law school/College/
Institution/University to participate in the MCC.
3.3 Only those members designated as Speakers will be permitted to put forth
oral arguments in the Competition.
4. Registration:
4.1 The Participating team shall duly fill the Registration Form provided along
with the official rules and send it along with a participation fee of Rs. 4,500/-
(Rupees four thousand five hundred only) on or before 15th October, 2015.
The Registration fee shall be sent through Demand Draft drawn in favour of
“THE NORTHCAP UNIVERSITY” payable at Gurgaon.
4.2 Only 16 teams will be considered for participating in MCC & this will be
done on first cum first serve basis. Next 3 teams will be kept on waiting list
& participating teams will be confirmed about their participation by an e-
mail on 17th October, 2015.
4.3 The participants are required to submit two passport size photographs of each
team member along with the registration form.
4.4 Each team shall be allotted a Team Code along with the confirmation email
on 17th October, 2015. The Lots for the Preliminary rounds shall be drawn
by the NCU Law School Moot Court Committee on 20th November, 2015
before inaugural.
NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
4.5 The teams shall submit their written submissions by the team code allotted
to them and “NOT” by their institution’s name.
5. Written Submissions/ Memorial:
5.1 All participating teams shall submit 6 sets of written memorials.
5.2 The cover page of memorials for the petitioner shall be in blue and of the
respondent shall be in red.
5.3 The teams shall not indicate their names or the names of their college or the
university on memorials. For all communications purposes, the team code
shall only be specified.
5.4 The team code allotted to all teams shall be indicated at top right corner of
the memorial, which will be communicated by way of E-mail.
5.5 All participating teams must submit a soft copy of their memorial in PDF
format, for both sides by 11:59 P.M. IST on or before November 15, 2015
by mail addressed to [email protected]. No memorial after this
date shall be accepted in any case.
5.6 Teams must also get the hard copies of the memorials (6 sets for the
petitioner and respondent each) on November 19, 2015.
5.7 The written memorials shall conform to the set standards:
Teams have to prepare memorials for both the sides.
All Memorials must be in English, and must be printed single side on A4 size
sheets, with equal margins of at least 1 inch on all sides.
The text font should be Times New Roman, size 12 for the main body, and
Times New Roman, size 10 for the footnotes.
The main body must be in 1.5 line spacing. The footnotes may be in single
line spacing.
Each Memorial shall not exceed 35 pages in all. Arguments shall not exceed
25 pages.
Memorials shall not be plastic bound.
5.8 The Memorial must contain all of, and only, the following parts:
Cover page; Table of Contents;
NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
Table of Abbreviations;
Index of Authorities;
Statement of Jurisdiction;
Statement of Facts;
Issues Raised;
Summary of Arguments;
Arguments Advanced/ Pleadings;
Prayer.
5.9 Blue Book (19th Edn.) mode of citation must be followed.
5.10 Each page must have a margin of at least an inch on all sides.
6. Evaluation Criteria for Written Submission:
Every memorial will be marked on scale of 100 and will be evaluated according
to the following criteria:
S. No. Criterion Marks
1
Proper inclusion of parties, identification of issues and nature of
relief sought
10
2 Knowledge of Law & Facts 15
3 Application of Law to Facts 15
4 Analysis and Organization 10
5 Use of Authority 15
6 Proper Citation & Correct Format 10
7 Originality in Presentation 10
8 General Impression and Clarity of Thought 10
9 Grammar and Style of Presentation 05
Total 100
7. Preliminary Rounds:
7.1 The teams shall be divided into groups namely A, B, C & D which will
comprise of 4 teams each. The rounds shall be conducted among the teams
within that particular group.
7.2 The groups shall be divided on the basis of draw of Lots.
NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
7.3 There shall be two preliminary rounds on 20th November, 2015 and every
team shall be given the opportunity to argue on each side.
7.4 The Petitioner shall be allotted ten (10) minutes for arguments and five (5)
minutes for rebuttal. The Respondent shall be allotted fifteen (15) minutes
for rebuttal and arguments. Any extension of time beyond the specified
period shall be subject to the discretion of the judges.
7.5 The division of time between the speakers is the discretion of the team
members, subject to a maximum of 6 minutes for one speaker.
7.6 Before the commencement of the each round, each team shall indicate to the
‘court officer’ as to how they wish to allocate their time.
7.7 At the end of the preliminary rounds, the top 2 teams from every group will
qualify for the Quarter Finals. The top 2 teams of every group will be
selected on the basis of number of rounds won.
7.8 A team shall be credited with a win, if its total marks in the respective
sessions are higher than its opponent’s teams.
7.9 In the case of a tie, combined total marks of both the preliminary rounds
shall be considered. The team with the higher score will advance to the
Quarter Finals. If the situation of the tie still persists, then it would be
resolved by considering the memorial scores
8. Quarter Finals:
8.1 The Quarter Finals will be held after the completion of the preliminary
rounds on the same day i.e. 20th November, 2015. Quarter Finals shall be a
knock-out round. A team will be credited with a win in the Quarter Finals if
their total marks (including memorial score) are higher than its opponent’s
team.
8.2 In Quarters, the winning teams from group A shall compete with those of
group B & winning teams of group C shall compete with those of group D.
However, the side to be presented by a team shall be determined by way of
draw of lots with the teams picking the lots after the completion of the
preliminary rounds.
8.3 Each team shall get a total time of 20 minutes to present their case and shall
include the time for ‘rebuttal’ and ‘Sur-rebuttal’.
NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
8.4 The division of time between the speakers is the discretion of the team
members, subject to a maximum of 12 minutes for one speaker.
8.5 Before the commencement of the round, each team shall indicate to the
‘court officer’ as to how they wish to allocate their time.
9. Semi-Finals:
9.1 The Semi-Finals will be held on 21st November, 2015. The Semi-Finals shall
be knock-out round. A team will be credited with a win in the Semi-Finals if
there total marks are higher than its opponent’s team.
9.2 In Semis, the winning team from group A shall compete with that of group
C & winning team of group B shall compete with that of group D. However,
the side to be presented by a team shall be determined by way of draw of lots
with the teams picking the lots after the completion of quarter-finals rounds.
9.3 Each team shall get a total of 25 minutes to present their case. This time will
include the time for ‘rebuttal’ and ‘Sur-rebuttal’.
9.4 The division of time between the speakers in the discretion of the team
members, subject to a maximum of 14 minutes for one speaker.
9.5 Before the commencement of the round, each team shall indicate to the
‘court officer’ as to how they wish to allocate their time.
10. Finals:
10.1 The Final will be held after the Semi-Finals on 21st November, 2015. A
team will be credited with a win in the Final if there total marks are higher
than its opponent team.
10.2 Each team shall get a total of 30 minutes to present their case. This time
will include the time for ‘rebuttal’ and ‘Sur-rebuttal’.
10.3 The division of time between the speakers is the discretion of the team
members, subject to a maximum of 18 minutes for one speaker.
10.4 Before the commencement of the round, each team shall indicate to the
‘court officer’ as to how they wish to allocate their time.
11. Dress Code: Participants are required to adhere to the following dress code
during the competition:
11.1 Ladies: White shirt, black trousers/skirts, black tie, black coat and black
shoes.
NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
11.2 Gentlemen: White Shirt, black trousers, black tie along with black coat and
black shoes.
11.3 Strict adherence to the dress code is solicited. Failure will result in
disqualification.
12. Evaluation Criteria for Oral Pleadings:
S. No. Marking Criteria Marks
1 Knowledge of Facts & Law 20
2 Interpretation of Facts & it’s Application 20
3 Use of Authorities 15
4 Style, Poise & Court Manners 15
5 Organization of Arguments 15
6 Time Management 15
13. Scouting:
13.1 Teams shall not be allowed to observe the oral submissions of any
other team. Scouting is strictly prohibited.
14. Awards:
14.1 Winning Team Award
14.2 Runner up Team Award
14.3 Best Speaker (Prelims/Quarters)
14.4 Best Speaker (Semis/Finals)
14.5 Best Researcher (On basis of a written researchers’ test)
14.6 Best Memorial
14.7 Online courses to all participants
15. Decision of the Judges Shall Be Final:
15.1 The decision of the judges with regard to the outcome of the rounds shall
be final.
NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
16. Accommodation:
16.1 Accommodation has been arranged for all teams by the Organizers from
12:00 Noon; November 19, 2015 to 12:00 Noon; November 22, 2015.
Participants requiring accommodation arranged for by the organizers,
please indicate the same in the space provided for in the Travel Details and
Accommodation form.
17. Note:
17.1 All questions seeking clarifications on the Moot Problem should be sent to
[email protected] by October 20, 2015.
17.2 More information about the University and the law school can be obtained
from www.ncuindia.edu.
17.3 The organizers reserve the discretion to amend these rules at any time prior
to the inaugural of the MCC. In case of any discrepancy or doubts regarding
the rules, the decision of the organizers shall be final.
17.4 For clarifications through phone, please contact:
Faculty Coordinator
Ms. Pallavi Bajpai
Asst. Prof. of Law
Mobile No: +91-8377088481
Moot Court Committee
Convener (Admin)
Harshit Dusad
M: +91-8010774942
Convener (Managing)
Nikhil Jain
M: +91-8826119007
Co-Convener
Ritwik Chawla
M:+91-9811017706
NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
IMPORTANT DATES
S No. Event Date
1 Deadline for receiving Registration form by
organisers
October 15, 2015
2 Communication of confirmation to registered
teams [First 16]
October 17, 2015
3 Deadline for receiving questions seeking
clarifications
October 20, 2015
4 Release of clarifications, if any October 25, 2015
5 Deadline for submission of soft copy of
memorials
November 15, 2015,
11:59PM
6 Inaugural Ceremony, Draw of Lots and Exchange
of Memorials
November 20, 2015
[8:30 AM Onwards]
7 Preliminary Rounds November 20, 2015
[10:00 AM Onwards]
8 Draw of Lots and Quarter Finals November 20, 2015
[3:00 PM Onwards]
9 Draw of Lots and Semi Finals November 21, 2015 [9
AM Onwards]
10 Finals November 21, 2015
[Afternoon]
11 Valedictory Ceremony November 21, 2015
[ 4:00 PM Onwards]