- \

s-:

/cor,,1MON INDUCTION MOOT COURT COMPETITION

September 8, 2012 5ATLJr<.~AY

FACTS O~FTH.E CASE

1\,11'.Kumar wished to see his daughter Monika highly educated and employed inGovernment Service and was particular that his daughter should marry a suitablehighly educated person well settled in life. Monika was a very beautiful girl of 20years. ML Kumar was approached by Mr. Mehta, the father of Amit, who persuadedhim tn marry Monika to Amit. Mr. Menta told Mr. Kumar that his son was a graduate.Believing all this, Mr. Kumar married his daughter to Amit. Before this marriage, it'has settled by Mr. Kumar with 1\1r. Mehta and Amit that even after the marriageMonika would continue to pursue her studies and lake up employment as a teacher.Accordingly, Monika continued her studies. Later Mr. Kumar got her employed as ateacher in DSK School which was nearer to her parents' house and away from her. matrimonial home and so she started living at her parental home. ButMonika used iuvisit her matrimonial home occasionally to be in the company of her husband. At thesame time Amit persistently demanded that Mrnika should give up her employment atDSK School and start residing permanently in her matrimonial home. Monika refusedto do so despite such repeated demands. Amit wrote several letters to Monika urging11<:.:1' to give up her adamant attitude but to no avail. Subsequently, Amit wrote a strongletter asking Monika to come immediately. On receipt of the letter, Monika came toher matrimonial home. That day Amit forced her to write a resignation letter and hesent it to the manager of the School. The next day, Monika wrote another letter to thtmanager, without the knowledge of Amit, requesting him not to act upon r:Kresignation letter which was written under force and compulsion.

Monika lived with Amit for nearly 3 months. During this period, she came to L::Gv.that Amit was addicted to drinking. Monika objected to this habit hut in vain :y!<tand Monika used to quarreJ with each other on this matter. To her horror. she lcarrnfrom her neighbour that Amit was having an affair with a lady in his office. Monikaconfronted Arnit about the affair which led .0 a violent quarrel. -orhei1'relationshipbecame much strained. Monika wrote ajlettei' to her father to this effect. She wroteanother letter to one of her friends narrating hov- she had become a victim of dowryharassment. She accused her husband and in laws in this regard.

The next day, a postman gave Amit a letter which was addressed to Monika. AmiIopeneditand came to know that her resignation was not accepted. Laxman, the authorof the letter, asked Monika to come and join dutv as early as possible and that heeagerly looked forward to seeing her. Arnit got suspicious because of the languageused in the letter and asked Monika about Laxnan. Monika renlied that Laxman was aclose friend of her father through whom j~f;, father got her the employment in theschool. Unsatisfied with the answer, Amit sent a friend to find out more aboutLaxman. The friend reported that Laxman was a handsome young man employed in.he same school and was on very friendly terms with Monika. ~\~ili:confronted.vlonika with these facts and she admitted that she had lied earlier and that Laxmanwas a eo-teacher but nothing more. That day. Amit came home late In the night, fullydrunk ~3J!dbeat up Monika. Her cries were heard by some neighbours.

AT :rAJ "" 1

fJ-lOTO CbP /~

COMMON INDUCTION MOOT COURT COMPETITION

September 8, 2012

Next morning Amit, Monika and Mr. Mehta, were in the house.jlvlr. Mehta heardMonika crying out: "I am dead, I am dead". Mr ..Mehta rushed to the kitchen and sawAmit standing there not knowing what to do and Monika lying on the floor.Mr.Mehta saw a bottle containing Baygon, an insecticide lying next to Monika. Mr.Mehta immediately administered saline water to Monika to induce vomiting. Monikawas taken to the hospital. The doctor found her alright and discharged her the sameevening. On the same day, around 9:30 P.M, the neighbours heard the cry of Monikafrom the house of Mr. Mehta. They also heard Monika saying: "Help me, Save me".She was rushed to the hospital in a taxi. On the way, in the presence of a neighbourand the taxi driver, she said that Amit caught hold of her, Mr. Mehta poured keroseneon her clothes set fire to it. Doctor found 80% bums and Monika succumbed to theburn injuries after 2 hours.

Police investigation revealed that:

1. There was no kerosene stove in the house.2. A partly burnt blanket was found in the kitchen which smelt of kerosene.3. There were burn injuries on both hands ofMr. Mehta.4. The police recovered a pullover of which the foreann portion of the sleeves

was found soaked with kerosene.5, An eye witness claimed to have seen Amit at 8:30 P.M. in a brawl outside a bar

at about an hour's distance from his house.6. The neighbour and the taxi driver made a statement to the police that they

heard Monika saying on the way to the hospital that Amit and Mr. Mehta di-,this horrible thing to her. However, in Court, neighbourstuck to the statementhe'd given to the po-licewhile-the taxidriverdenied giving such a statement.

Police arrested Amit and Mr. Mehta on the charge of murdering Monika by setting heron fire under S. 302 read with S. 34 of Indian Penal Code. All the three accusedpleaded not guilty. However they were convicted by the Sessions Court and sentencedto lift: imprisonment. They preferred an appeal against the conviction and thesentence.

THE PARTIES ARE FREE TO FRAME THEIR OWN ISSUES AND ARGUEElTHER FROM THE SIDE OF THE APPELLANTS OR THE RESPONDENT.

,,- ...

Best Wishes

¥~(Mrs. Anju Sinna)

Teacher - in - Charge

Mo01 Court Society, CLC.

2

RULES FOR THE COMMON INDUCTION MOOT - 2012September 8,2012

A. REGISTRATION

iI Latest by 1:30 p.m. of Wednesday, 5th September, 2012.

• Send your Name, Roll no., Year, Section, Phone number, the side you are arguing from -

Appellant / Respondent to mootcourtsocietv.clc({i)wnaiJ.com. The subject of the mail should be

"CIM REGISTRATION". Extensions or delays will NOT be entertained.

B. RULES AND REGULATIONS

1. LANGUAGE: The language of the competition shall be English. ~

2. ELlGIBIL TY: The competition is open to all the students of Campus Law Centre who are currently

pursuing their 3 year L.L.B. Program.

3. TEAM COMPOSITlON: There shall be no teams. THIS IS AN INDIVIDUAL COMPETITION.

4. MEMORIAL: The following requirements for memorials must be strictly followed. Non-

conformities will be penalized:

Q The memorial should be either on behalf of the Appellant or on behalf of the Respondent but

NOT both.

• The final memorial must be ernailed to the Moot COUl1 Society at

mootcourtsocietv.clceiizmail.com. The subject of the mail must be "CIM Memorial". One hard

copy of the same must be submitted to MS SHA K A in the office latest by 1:30 pm en

7th September 2012.

• The soft copy of the memorial must be in MS WORD(.doc!.docx) only

• Once the memorials are submitted, no amendments to the same shall be allowed.

•• The memorials must be

11 On A4 Size Paper

Main body text: Times New Roman Font, Sin 12, 1.5 line spacing

Footnotes text: Times New Roman Font, Size 10, J.O line spacing

A margin measuring an inch on all sides of each page.

Page numbering should be at the bottom centre of each page.

The memorials should be spiral bound.

The memorials must not mention your persor ai details. The details must be attached in the

form of a separate detachable sheet on the tor..

The memorial must necessarily contain ( and be restricted to) the following sections:

I. Table of Contents One Page

11. Index of Authorities

III. Statement of Jurisdiction One Page

IV. Statement of Facts One Page

V Statement of Issues One Page

•••

•

11

1

RULES FOR THE COMMON INDUCTION MOOT - 2012September 8, 2012

VI. Summary of Arguments One Page

VIl. Arguments Advanced (not more than 10 pages)

VBI. Prayer One Page

• No additional facts may be incorporated or relied upon other than those stated in the

Problem Statement.

• For the memorials, use The Harvard Blue Book Style of footnoting as far as practicable. In

any case, footnoting styles must be consistent.

• The cover Page of the Memorials must be BLUE FOR THE APPELLANT and.Rli.D

FOR THE RESPO DE T.

• The cover page of the memorial must state the following:

I. COMMO TNDUCTIO fv100T2012, CAMPUS LAW CENTRE

11. The name and place of the Court

Ill. The cause title

IV. Memorial filed on Behalf of

V. Counsel appearing on Behalf of

• SCORING OF WRITTEN SUBMISSIONS (MEMORIALS) :

The criteria for making the memorials are:

I. Application and appreciation of facts (5 points)S

11. Identification and presentation of issues (~points)

i11. ~PRlicatioJ1_ofJegal principles. use of authorities & precedents (1e pcinrs)

IV. Logical structuring, Grammar & Style (5 points)

V. Formatting (5 points)

5. ORAL ROUNDS:

• Each Participant shall get a total of 15 minutes (0 present their case. The oral arguments

should be confined to the issues presented in the memorials.

• SCORING OF ORAL ARGUEMENTS:... -.

The criteria for making the oral arguments are:

I. Application and appreciation of facts (15 points)

11. Understanding of Law and Procedure (15 points)

Ill. Use of Authorities and precedents ( 10 points)

IV. Response to questions and articulations ( 15 points)

V. Advocacy skill?:, 'Court Craft and Demeanour (15 points)

The decision of the judges and organisers is final. Any clarifications for the competition to be sought,

at: mootcourtsocierv.clcfeamail.com

2

. :~,