2
Awards:- 1. There shall be a Trophy awarded to the Winning team of the Competition. 2. The winning team will receive a cash prize of Rs. 11,000/-. 3. The Runner Up team will receive a cash prize of Rs. 7,500/-. 4. The Best Mooter will receive a cash prize of Rs. 5,000/-. 5. The Second Best Mooter will receive a cash prize of Rs. 21,00/- 6. The Best Memorial will receive a cash prize of Rs. 5,000/-. 7. The Second Best Memorial will receive a cash prize of Rs. 21,00/- 8. The Best Researcher will receive a cash prize of Rs.5000/- 9. The Second Best Researcher will receive a cash prize of Rs. 21,00/ 10. There will be Certicate for participation for all the students who will participate in the Moot Court Competition. Miscellaneous:- i. No team or any of its members or anyone connected with any team will be permitted to sit or hear the arguments in any court room in which that team is not one of the contesting teams while that team is competing in the competition. For the violation of this rule strict action may be taken against the team, even ranging to the disqualication of the team from the competition. ii. If there is any dispute in regard to the interpretations of the rules or with respect to any matter related to the competition which is not contemplated in the rules, the decision of the Organizers shall be binding and nal. NOTE : All the participants will be facilitated with food & lodging th on 27 of January,2018 and those who will be shortlisted for nal th round held on 28 of January, 2018 will be endowed with both food and lodging. MOOT MEMORIAL (i) All teams must submit Memorials /Written Submissions for both sides. (Appellant as well as Respondent); (ii) Participants are allowed to frame additional issues other than those provided in the moot proposition, if desired; (iii) All teams must submit typed Memorials for both sides and the Memorials must fulfill all the following specifications; (iv) Memorials must contain the following: (a) Cover page / Cause title. (b) Index. (c) Index of Authorities. (d) Statement of Jurisdiction. (e) Synopsis of Facts. (f) Summary of Arguments. (g) Arguments / Pleadings. (h) conclusion/prayer (v) The moot memorial shall not exceed 40 pages including Arguments. (vi) The Memorial shall be typed on A4 size page in Font type. Times New Roman, Font size : 12, 1.5 line spacing & 1 inch margin on each side. Blue Book pattern shall be followed. (vii) The Cover Page of the Memorial must follow the following color scheme, Green for the Applicant Cover Page and Yellow for the Respondent Cover Page. (viii) The Memorial must be spiral bound only. (ix) The Memorial must not contain any Annexure/Photographs/ Sketches/Exhibits/Affidavits etc. (x) Memorials that do not comply with the abovementioned specifications will be penalized. (xi) Two (2) hard copies + one soft copy on one (1)CD for each side (appellant and th respondent) must reach the organizers latest by 17 January 2018. No memorials shall be accepted after the prescribed date. (xii) Four(4) hard copies from each side (appellant and respondent) shall be submitted by the teams on reaching at the venue of the Moot Court. (xiii) Identification of any type shall be strictly prohibited. 1. Purpose: - To give exposure to students pursuing the law course to the Indian Court system& Advocacy skills. 2. Date & Venue:- 27th January, 2018 to 28th January 2018 at Faculty of Law and Governance , Jayoti Vidyapeeth Women's University , Jaipur. 3. Team Composition and Eligibility Criteria (1) Each team shall comprise of 3 members only, out of which two (2) will be Mooters and one (1) researcher. (2) Arguments shall be in English only. (3) The competition is open for female students persuing five year and three years LL.B. course. (4) Each University/Institute shall be eligible to send one team. Team should not disclose the identity of their institution in course of proceedings in the court rooms; such disclosure shall invite penalties including disqualification. (5) Each team shall be provided with the team code by draw of lots followed by exchange of memorials. 4. Registration:- (1) The registration form with all team details must be submitted online and also sent to the th university on or before 10 January 2018 (2) A Registration fee of rupees1500/- is to be sent by way of Demand Draft in favor of JAYOTI VIDYAPEETH WOMEN'S UNIVERSITY, Jaipur payable at Jaipur along with the Registration form. The registration fee shall be non-refundable. (3) No change in the names of the participants shall be permitted after the receipt of the registration form, except at the sole discretion of the organizers. (4) After Receipt of the Registration form along with Demand Draft, the participating team will be allotted a Team code which they are required to mention on their memorial. (5) Teams should clearly mention the participants' name, contact No including year /Semester of study in the registration form. (6) Teams shall not mention any details about them except the Team code on the memorial. Dress Code: - White Shirt and Black Trouser along with black coat and tie. Rules and Regulations COMPETITION ROUND There shall be three rounds; four teams will be selected for Semi- final round from the first round. Final round shall be only between first and second winners of the Semi-Final Round. 1. First Round I. In first round each team shall argue from both the sides (appellant and respondent). II. The team shall be credited with a win in the first round if their round total is more than opposing team. III. The marks of each first round shall be the cumulative total of the marks of both the mooters and the marks of the memorial of the side in which they are appearing. IV. No team shall face each other more than once in the first rounds. (1) Semi-final Round/ Final Round There shall be one first round, one semi-final and one final round. The marking criteria in semi- final, final round shall be the same as that of the first round. MOOT PROBLEM This problem is related to a defence personnel. Two allegations were alleged against an Air Force Commissioned Officer (Wing Commander), Mr. Ramhet ,who was having contacts with the foreign mission and accepted the invitation for a party from the Foreign Mission. Later on he was interviewed by the intelligence Bureau and on the basis of further investigations, he was court- martialled . He was served with a letter maintaining his dismissal from service under Section 18 of the AIR FORCE ACT, 1950 through the pleasure of the President of India, by the order of Defence Ministry. Mr. Ramhet challenged the validity of the order of dismissal before the Hon'ble High Court on the ground that no order of dismissal could be made under Section 18 of the said Act, that the order militates against the mandatory requirements of natural justice as he was never given any opportunity of being heard, and the order of dismissal has not been passed by the Competent Authority. Finally, the Hon'ble High Court decided the case in favor of the said officer. Against the judgment of Hon'ble High Court the central Government made a special leave to appeal before the Apex Court. In the above facts and circumstances of the case, the main questions before the Hon'ble Supreme Court to be decided: 1. Whether there was a violation of fundamental right under Article 19 of the Constitution of India? 2. Whether the Termination Order of the above said Officer was issued according to the principle of natural justice? 3. Whether the order of Termination was issued by Competent Authority? 4. Whether the Hon'ble High Court has jurisdiction to hear the case of a defence personnel? References: 1. Constitution of India, Part III, Article 32, 226, 136, 309,310, 311. 2. The Army Act, 1950 & Army Rules, 1954. 3. Regulation for the Army, 1968. 4. The Air Force Act, 1950. 5. The Air Force Rules, 1969.

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Page 1: Rules and Regulations - WordPress.com · 2018. 1. 13. · (g) Arguments / Pleadings. (h) conclusion/prayer (v) The moot memorial shall not exceed 40 pages including Arguments. (vi)

Awards:-

1. There shall be a Trophy awarded to the Winning team of the Competition.

2. The winning team will receive a cash prize of Rs. 11,000/-.

3. The Runner Up team will receive a cash prize of Rs. 7,500/-.

4. The Best Mooter will receive a cash prize of Rs. 5,000/-.

5. The Second Best Mooter will receive a cash prize of Rs. 21,00/-

6. The Best Memorial will receive a cash prize of Rs. 5,000/-.

7. The Second Best Memorial will receive a cash prize of Rs. 21,00/-

8. The Best Researcher will receive a cash prize of Rs.5000/-

9. The Second Best Researcher will receive a cash prize of Rs. 21,00/

10. There will be Certicate for participation for all the students who will participate in the Moot Court Competition.

Miscellaneous:-

i. No team or any of its members or anyone connected with any team will be permitted to sit or hear the arguments in any court room in which that team is not one of the contesting teams while that team is competing in the competition.

For the violation of this rule strict action may be taken against the team, even ranging to the disqualication of the team from the competition.

ii. If there is any dispute in regard to the interpretations of the rules or with respect to any matter related to the competition which is not contemplated in the rules, the decision of the Organizers shall be binding and nal.

NOTE : All the participants will be facilitated with food & lodging thon 27 of January,2018 and those who will be shortlisted for nal

thround held on 28 of January, 2018 will be endowed with both food and lodging.

MOOT MEMORIAL(i) All teams must submit Memorials /Written Submissions for both sides.

(Appellant as well as Respondent);

(ii) Participants are allowed to frame additional issues other than those provided in the moot proposition, if desired;

(iii) All teams must submit typed Memorials for both sides and the Memorials must fulfill all the following specifications;

(iv) Memorials must contain the following:

(a) Cover page / Cause title.

(b) Index.

(c) Index of Authorities.

(d) Statement of Jurisdiction.

(e) Synopsis of Facts.

(f) Summary of Arguments.

(g) Arguments / Pleadings.

(h) conclusion/prayer

(v) The moot memorial shall not exceed 40 pages including Arguments.

(vi) The Memorial shall be typed on A4 size page in Font type. Times New Roman, Font size : 12, 1.5 line spacing & 1 inch margin on each side. Blue Book pattern shall be followed.

(vii) The Cover Page of the Memorial must follow the following color scheme, Green for the Applicant Cover Page and Yellow for the Respondent Cover Page.

(viii) The Memorial must be spiral bound only.

(ix) The Memorial must not contain any Annexure/Photographs/ Sketches/Exhibits/Affidavits etc.

(x) Memorials that do not comply with the abovementioned specifications will be penalized.

(xi) Two (2) hard copies + one soft copy on one (1)CD for each side (appellant and threspondent) must reach the organizers latest by 17 January 2018. No

memorials shall be accepted after the prescribed date.

(xii) Four(4) hard copies from each side (appellant and respondent) shall be submitted by the teams on reaching at the venue of the Moot Court.

(xiii) Identification of any type shall be strictly prohibited.

1. Purpose: - To give exposure to students pursuing the law course to the Indian Court system& Advocacy skills.

2. Date & Venue:- 27th January, 2018 to 28th January 2018 at Faculty of Law and Governance , Jayoti Vidyapeeth Women's University , Jaipur.

3. Team Composition and Eligibility Criteria

(1) Each team shall comprise of 3 members only, out of which two (2) will be Mooters and one (1) researcher.

(2) Arguments shall be in English only.

(3) The competition is open for female students persuing five year and three years LL.B. course.

(4) Each University/Institute shall be eligible to send one team. Team should not disclose the identity of their institution in course of proceedings in the court rooms; such disclosure shall invite penalties including disqualification.

(5) Each team shall be provided with the team code by draw of lots followed by exchange of memorials.

4. Registration:-

(1) The registration form with all team details must be submitted online and also sent to the

thuniversity on or before 10 January 2018

(2) A Registration fee of rupees1500/- is to be sent by way of Demand Draft in favor of J A Y O T I V I D Y A P E E T H W O M E N ' S UNIVERSITY, Jaipur payable at Jaipur along with the Registration form. The registration fee shall be non-refundable.

(3) No change in the names of the participants shall be permitted after the receipt of the registration form, except at the sole discretion of the organizers.

(4) After Receipt of the Registration form along with Demand Draft, the participating team will be allotted a Team code which they are required to mention on their memorial.

(5) Teams should clearly mention the participants' name, contact No including year /Semester of study in the registration form.

(6) Teams shall not mention any details about them except the Team code on the memorial.

Dress Code: - White Shirt and Black Trouser along with black coat and tie.

Rules and Regulations

COMPETITION ROUND

There shall be three rounds; four

teams will be selected for Semi-

final round from the first round.

Final round shall be only between

first and second winners of the

Semi-Final Round.

1. First Round

I. In first round each team

shall argue from both the

s ides (appel lant and

respondent).

II. The team shall be credited

with a win in the first

round if their round total

is more than opposing

team.

III. The marks of each first

r o u n d s h a l l b e t h e

cumulative total of the

marks of both the mooters

and the marks of the

memorial of the side in

which they are appearing.

IV. No team shall face each

other more than once in

the first rounds.

(1) Semi-final Round/

Final Round

There shall be one first round, one

semi-final and one final round.

The marking criteria in semi-

final, final round shall be the

same as that of the first round.

MOOT PROBLEM

This problem is related to a defence personnel. Two allegations were

alleged against an Air Force Commissioned Officer (Wing

Commander), Mr. Ramhet ,who was having contacts with the

foreign mission and accepted the invitation for a party from the

Foreign Mission. Later on he was interviewed by the intelligence

Bureau and on the basis of further investigations, he was court-

martialled . He was served with a letter maintaining his dismissal

from service under Section 18 of the AIR FORCE ACT, 1950 through

the pleasure of the President of India, by the order of Defence

Ministry.

Mr. Ramhet challenged the validity of the order of dismissal before

the Hon'ble High Court on the ground that no order of dismissal

could be made under Section 18 of the said Act, that the order

militates against the mandatory requirements of natural justice as

he was never given any opportunity of being heard, and the order of

dismissal has not been passed by the Competent Authority. Finally,

the Hon'ble High Court decided the case in favor of the said officer.

Against the judgment of Hon'ble High Court the central Government

made a special leave to appeal before the Apex Court.

In the above facts and circumstances of the case, the main

questions before the Hon'ble Supreme Court to be decided:

1. Whether there was a violation of fundamental right under

Article 19 of the Constitution of India?

2. Whether the Termination Order of the above said Officer was

issued according to the principle of natural justice?

3. Whether the order of Termination was issued by Competent

Authority?

4. Whether the Hon'ble High Court has jurisdiction to hear the

case of a defence personnel?

References:

1. Constitution of India, Part III, Article 32, 226, 136, 309,310, 311.

2. The Army Act, 1950 & Army Rules, 1954.

3. Regulation for the Army, 1968.

4. The Air Force Act, 1950.

5. The Air Force Rules, 1969.

Page 2: Rules and Regulations - WordPress.com · 2018. 1. 13. · (g) Arguments / Pleadings. (h) conclusion/prayer (v) The moot memorial shall not exceed 40 pages including Arguments. (vi)

Marking Criteria for the Memorials

(i) Memorial from each side shall carry total of hundred (100) marks.

(ii) The following shall be the criteria for marking the memorials:

(iii) A penalty of two (2) marks for each side of memorial shall be entailed on each days default in submissions of memorials.

Oral Submissions

(i) Each team shall comprise of two (2) Mooters, as has been specified earlier.

(ii) Court language shall be English only.

(iii) Each team will have a maximum of thirty (30) minutes to present their Oral Submissions in First Round. No speaker will be permitted to address the Court for more than seventeen (17 minutes).This includes the time the speaker addresses the Court during the rebuttal/sur-rebuttal. The maximum time for rebuttal/sur-rebuttal is five (5) minutes.

(iv) At the commencement of each session of Oral Submissions each team shall notify the Court Officer as to the division of time between the 2 speakers.

(v) If any speaker continues to speak after the completion of her time, she shall entail penalty which shall be upon the discretion of the judges.

(vi) The Final decision as to the time structure will be that of the bench judges.

(vii) During the course of oral submissions the participants cannot submit to the court any material containing pictorial representation whatsoever. Further the participants will not be permitted to make any audio/visual representation nor will they be allowed to use personal computers, laptops and any other technical or mechanical device during their oral submissions.

(viii) Speakers shall not be allowed to pass annexure to the judges; instead the teams may make a compendium of annexure that shall be given to the judges before the start of proceedings.

(ix) If at any instance a submission is made with any material in violation to the above clause and if any picture, sketches, photos, cartoons, caricatures, audio film, video film, projector-slide or a computer generated image is submitted or presented to court, the teams shall be disqualified from the competition forthwith.

(x) During the course of the Oral Submissions speaker shall neither reveal her identify nor the identity of their University / College by any means whatsoever.

Marking Criteria for the Arguments: ( Mooter and Researcher)

(Ieach Mooter & Researcher will be marked on a total of 100 marks by each Bench Judge.

(ii) The following will be the Marking Criteria and the Marks allocated to each Mooter & Researcher by each Judge in the Round:

(iii) The decision of the judges as to the Marks allocated to any team shall be final.

Marking Criteria

Knowledge of Facts

Knowledge of Law

Proper and Articulate Analysis

Evidence of Original Thought

Grammar and Style

Correct Format and Citation

Extent and Use of Research

Clarity and Organization

Total

10

10

10

10

10

10

20

20

100

S.No.

1.

2.

3.

4.

5.

6.

7.

8.

MarksAllocated

10

10

10

10

10

10

10

10

10

10

100

S.No.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Marking Criteria

Appreciation and Application of Facts

Identification and Articulation of Issues

Application of legal principles

Use of authorities and precedents

Response to questions

Presentation skills

Clarity of thoughts and logical

structure of arguments

Poise and Demeanor

Strategy

Ingenuity

Total

MarksAllocated

Disclaimer:

The moot court proposition is a hypothetical

problem and is not reection of or dealing

with any person, situation and organization

or in any case that has appeared in India, any

similarity if found is merely coincidental and

this moot proposition has been framed purely

for academic purpose(s).

JAYOTI VIDYAPEETH WOMEN’S UNIVERSITYVedaant Gyan Valley, Village-Jharna, Mahala-Jobner Link Road, Jaipur-Ajmer Express Way, N.H. 8, Jaipur - 303122 (Raj.) INDIAToll Free No. : 18001805657 Mobile : 9001140140www.jvwu.ac.in

FACULTY OF LAW & GOVERNANCE

ORGANISING COMMITTEEPatron

JV'n Vidushi Garg, Hon'ble Chairperson

Jayoti Vidyapeeth Women's University, Jaipur.

Co-Patron-

JV'n Prof.(Dr.) Rouhangiz Hayati Dahiya, President

Jayoti Vidyapeeth Women's University

Chairman-

Shri Biri Singh Sinsinwar

Senior Advocate, Rajasthan High Court

Former Chairman, Bar Council of India

Vice–Chairman-

Shri Udai Chand Barupal, RHJS.(R);

District & Session Judge(Retd.),

Former Principal ,Private Secretary, Lokayukta, Rajasthan

Organizing Secretary-

JV'n Prof. (Dr.) Rajendra Kumar Patni

Dean, Faculty of Law and Governance

Jayoti Vidyapeeth Women's University, Jaipur.

Convener-

JV'n Dr. Beena Dewan, HOD, Dept. of Law,

Jayoti Vidyapeeth Women's University, Jaipur

Mob. No.- 9828277093

Coordinators- In case of any queries, please contact:

1. JV'n Anupam Sinha, Mob. No.-9509147936

2. JV'n Himani Shokeen, Mob. No.-9783882797

3. JV'n Shikha Trivedi, Mob. No..- 7597623876

4. JV'n Astha Poonia, Mob. No.- 9928856228

Student Co-ordinators:

1. JV'n Kaushiki (LLM I sem)

2. JV'n Tarandeep Kaur (BBA.LLB IX sem)

3. JV'n Chandani, (B.Com-LLB VII sem)

4. JV'n Chhavi (B.Com-LLB VII sem)

5. JV'n Shruti (BA-LLB V sem)

6. JV'n Jyoti (BA-LLB V sem)

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Jayoti VidyapeethWomen�s University, Jaipur