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5 th AMITY NATIONAL TrIAl advocacy COMPETITION - 2019 1

ORGANISED BY

AMITY UNIVERSITY RAJASTHAN

Amity Law School, Amity University Rajasthan, Kant Kalwar, NH-11C, Jaipur Delhi Highway, Jaipur, Rajasthan 303002

Contact Number:- 8795-8795-01

13 th – 15 th September, 2019

1 It is the 5th edition of National Event conducted by ALS, AUR.

Page 1 of 40

RULES AND REGULATIONS

INDEX

S. No. Particular Page No.i. About The University 4

ii. About The Institute 6

iii. About 4th Amity National Moot Court Competition 2017 7

iv. About 5th Amity National Trial Advocacy Competition 2019 8

v. From The Dean’s Desk 9

vi. Invitation Letter 10

1. Aim and Purpose 11

2. Important Dates 11

3. Language 12

4. Dress Code 12

5. Eligibility Criteria 12

6. Team Composition 12

7. Registration 13

8. Oral Rounds For Competition 14

8.1 Draw of Lots 14

8.2 Preliminary Round 14

8.3 Pre-Quarter Final Round 15

8.4 Quarter Final Round 16

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8.5 Semi Final Round 17

8.6 Final Round 18

9. Evaluation Parameters for Oral Rounds 19

10. Researcher Test 20

11. Memorial 20

11.1 Memorial Specifications 21

11.2 Evaluation Parameters for Memorial 23

12. Scouting 24

13. Awards 25

14. Accommodation and Food 25

15. Miscellaneous 25

16. Contact for Queries 27

17. Registration Form 28

18. Travel Form 30

19. Moot Proposition 32

20. Step of Trial Proceeding 34

21. List of Witnesses 35

22. Rules Regarding the Appearance of Witnesses 35

23. Copy of FIR 36

24. Copy of Post Mortem Report 38

ABOUT THE UNIVERSITY

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Amity University Jaipur has been established by the Ritnand Balved Education

Foundation (RBEF) New Delhi, which is a society registered under the Societies

Registration Act, 1860. It has been set up under the Amity University Rajasthan

Act 2008, notified by Government Notification No F.2(10) vidhi/2. The University

has a beautiful tree-lined campus spread over 152 acres of land on the Delhi

Jaipur Highway. The campus includes a rainwater harvesting lake with running

fountains, a Neem forest, and an Amphitheatre that can seat 1,500 spectators.

The academic blocks have large and spacious Air-Conditioned Classrooms, Lecture

Theaters and State-of the-Art Labs. There are separate hostels for boys and girls,

and a Student Resource Centre that has Restaurants, Gym, Library, Dance Room,

Billiards and TT room. The University provides a range of outdoor activities that

include horse Riding, Golfing and Trekking.

The University imparts modern, practical and research-based courses whose goal

is to make the students industry-ready. Case studies, industry projects,

presentations, research work and role-play form an integral part of a student's

tenure at Amity.

The University also has a unique mentor-mentee system, where every student is

guided by a Faculty member. The Faculty member not only addresses the academic

problems faced by students but also counsel’s students on personal issues.

The Amity University Jaipur is considered a pioneer in the field of higher learning

for introducing the path-breaking Flexi-credit course. Under this course, the

students choose the subjects they want to study, and at a time of their convenience.

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Personality Enhancement is greatly stressed at Amity and all students undergo

special classes and workshops for this, whilst innovative activities like military

training camps ensure that Amitians become true leaders.

At Amity we benchmark only against the best institutions around the world. Our

faculties and senior Teams travel all over the globe to learn and imbibe the best

practices so that we can give a solid foundation for learning. Over 4000 students

have got on-campus placements this year and over 800 students have been

placed even one year before graduating. Only the best of the students get

admission in Amity. Biggest strength of Amity is a unique Corporate Resource

Centre to facilitate excellent placements. Alumni all over the world in leading

companies like McKinsey, Ernst & Young, HLL, and Reliance. Leading companies

across various disciplines come for campus placements at Amity. In technical

courses, nearly all students are placed even one year before the completion of

the course.

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ABOUT THE INSTITUTE

The Amity Law School, Jaipur was established in 2008 envisioned by Dr. Aseem K. Chauhan, Founder President, of Amity University Rajasthan, to be the best cradle of best legal education to prepare best law professionals who could meet diverse needs of legal profession in the country and the world. Amity Law School is affiliated to Amity University and approved by the Bar Council of India.

Amity Law School, since its inception, offers five year integrated undergraduate programme in three streams, namely Bachelor of Law & Bachelor of Business Administration (Honours), Bachelor of Law & Bachelor of Commerce (Honours), and Bachelor of Law & Bachelor of Arts (Honours). In 2011 it started with its one year Post Graduate programme i.e., LL.M. in Corporate law and in the year 2017 two more LL.M. Programmes were added. At present Amity Law School is offering the One Year Post Graduate programme i.e. LL.M. in Constitutional Law, LLM in Criminal Law and LLM in Corporate Law. Amity Law School also offers Doctoral Programme. Amity Law School offers excellent internship opportunity to our meritorious Law Students who undertake internship with Top Law Firms, Top Lawyers of Supreme Court and High Court all over India. Its alumni have made a name for themselves by successfully practicing in various High Courts and District Courts, engaged by best law firms and have been awarded scholarships to pursue higher studies in renowned law schools of the world.

Amity Law School has adopted a student centric, practical learning approach with well-designed contemporary, relevant curriculum having cutting edge knowledge, resources to meet the needs of the 21st century. ALS trains a new cadre of legal professionals through comprehensive and contemporary body of integrated knowledge, rigorous educational practices and research programs. It encourages students to acclimatize to independent thinking and Keep a focused approach on creative, holistic and strong domain of legal knowledge. The institutes have a well-qualified, experienced and dedicated faculty who are fully committed to the cause of quality legal education. Besides it has vast library resource consisting of text books, reference books and large number of Legal Journals including online platforms.

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ABOUT 4th AMITY NATIONAL MOOT COURT COMPETITION 2017

Moot Court is an integral part of practical Legal Training and therefore it is mandatory need to be conducted every Law Institution as per the mandate of Bar Council of India. In furtherance of this the Amity Law School has conducted the Fourth Edition of Moot Court Competition 2017 from 3rd March to 5th March in the form of a National Level Competition wherein 43 Teams from various Law Schools participated.

The event was inaugurated by the Hon’ble Justice Mahesh Chandra Sharma of High Court of Rajasthan, Jaipur on 2nd March 2017.

Total 5 rounds were conducted to test and judge the skill of participating Teams. For the Semi Final and Final Rounds of competition conducted on 5th March, 2017, distinguished panel of 4 Judges Prof. (Dr.) Satish Chandra Shashtri (Dean & Director, Mody University), Maj. Gen. Praveen K. Sharma (Retd.), (Dean & Director, Amity Law School, Manesar), and Rear Admiral Harendra Gupta (Rtd.), (Dean & Professor Amity Law School, Rajasthan).

University Institute of Legal Studies Punjab University and Jamnalal Bajaj School Of Legal Studies, Banasthali Vidyapeeth, Rajasthan made it to final rounds and the later Team won the competition. Best Memorial Award and Best Student Advocate Award was awarded to Mr. AMRIT DAS (KIIT School Of Law, Bhubaneshwar, Orrisa) and Ms. MEGHA SABNANI (Jamnalal Bajaj School Of Legal Studies, Banasthali Vidyapeeth) respectively.

The Guest of Honour for Valedictory and Prize Distribution Ceremony was Prof. Dr. S. K. Dube, Hon’ble Vice Chancellor of Amity University Rajasthan.

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ABOUT 5th AMITY NATIONAL TRIAL ADVOCACY COMPETITION 2019

Amity University Rajasthan, Jaipur is organizing its 5th Amity National Trial Advocacy Competition, 20192. Law Universities/Colleges/Institutes across the country are invited to participate in the competition and to be a part of this most respected and awaited criminal trial advocacy competition in India.

The competition is considered as a flagship event of Amity University Rajasthan which provides a real life enriching experience of criminal trial proceedings (witnesses, recording of statements, oath etc.) in close association with intriguing intricacies of criminal law.

The trial advocacy competition is similar to the session trial. It focuses on improving one’s litigating skills through fundamental method like strategy planning, witness examination, delivery of opening statement and closing argument. In short it gives a true ambience of the first instance court, which is beneficial for law students.

The problem is henceforth based on principle of criminal law. The facts lead to murder of a person, the FIR filing and various testimonies and accounts are the subject to scrutiny.

We are proud to host this prestigious competition as it is going to be one of its kind it shall be our utmost duty to put in our sincere efforts in aggrandizing the overall experience of the competition and hospitality for the participants, thus, striving to make this event a magnificent one.

2 It is the 5th edition of National Event conducted by ALS, AUR.

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FROM THE DEAN’S DESK Namaskar!As we all know

Law is a body of rules which are created for governing the behaviour and conduct of society and study of law provide a scholarly inquiry into legal philosophy, legal history and insight into socio and economic conditions. It thus ignites a mind of law student to raise complex and important issues concerning equality, fair play and justice.

History stands testimony that countries having robust system of administration of justice have progressed miles ahead of rest of the countries and grown from strength to strength.

The youth of nation, the building blocks of nation, when get into such law learning process the goal of nation building can be easily achieved. Amity Law School, Amity University Rajasthan, Jaipur is carrying forward this aim and vision and has been dedicatedly imparting multi-disciplinary legal education. Conducting Trial Advocacy Competition is a small step in this direction to produce conscious and informed law keeper’s viz. Legal Professionals, Scholars, Leaders and Public Servants.

As we conduct 5th Edition of Amity National Trial Advocacy Competition 2019, we plan to carry forward this onerous responsibility. Let us join hands together in making this vision possible for our Law Students.

Sincerely Yours

Rear Admiral H. Gupta (Retd.)

Professor & Dean

Amity Law School, AUR

INVITATION LETTER

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To

The Director/Dean/Principal/Head of the Department.

Subject: Invitation for Participation in 5th Amity National Trial Advocacy Competition, 2019

Respected Sir/Ma’am

Amity University, Rajasthan cordially invites your esteemed institution to participate in the 5th Amity National Trial Advocacy Competition 2019, scheduled to be held from 13th to 15th September, 2019 in the university premises. Amity University Rajasthan firmly believes in the holistic development of students through Moot Courts and other co-curricular activities. We would like to invite your prestigious college to participate in this particular Trial Advocacy Competition and contribute to make it a greater success.

We look forward to welcome your esteemed institution.

Thanking you

Best Wishes

Rear Admiral Harendra Gupta

Professor & Dean

Amity Law School,

Amity University Rajasthan

1. AIM AND PURPOSE

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To give exposure to students pursuing the law course to the environment of the court

system in India and to hone their advocacy skills.

To provide a real-life experience cum training in doing cutting edge research, presenting

ground breaking arguments and contributing to the development of jurisprudence in

concerned areas of law.

2. IMPORTANT DATESSr. No. Particulars Date

1. Last date of Online Registration for

Participating Team

7th August 2019 (Wednesday)Before 11:55 pm

2. Last Date for submitting Hard Copies of

Registration Form and Fee Submission

Receipt

15th August 2019 (Thursday)Before 05:00 pm

3. Last Date for Memorial Submission (Soft

Copy) and Travel Form (Soft Copy)

31st August 2019 (Saturday)Before 11:55 pm

4. Formal Registration of Teams at AUR

Campus.

12th September 2019 (Thursday)02:00 pm – 05:00 pm

5. Draw of Lots & Memorial Exchange (ALS

Moot Court)

12th September 2019 (Thursday) 05:00 pm – 07:00 pm

6. Preliminary Round 13th September 2019 (Friday)

7. Pre-Quarter Final and Quarter Final Round 14th September 2019 (Saturday)

8. Semi Final and Final Round 15th September 2019 (Sunday)

9. Valedictory & Prize Distribution Ceremony 15th September 2019 (Sunday)

Note- Participants are not required to send the hard copy of memorials. They will bring the 6 sets

of memorials from both sides & should submit it at Registration Desk on 12th September 2019.

3. LANGUAGE

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The language for the Oral Rounds of Competition and memorials shall be in English

only. The witness, who is minor or women is free to use mix language.

4. DRESS CODE Inside the court room the participant shall follow the below mentioned formal dress

code.

i) Females: White Kurta, Black Salwar and Black Dupatta or White Shirt, Black

Trousers and Tie, Black Coat and Black Leather Shoes.

ii) Males: White Shirt, Black Trousers and Black Tie, Black Coat and Black Leather

Shoes.

The dress code for all the functions at the competition shall be Western Formals for

Gentlemen and Western or Indian Formals for Ladies.

5. ELIGIBILITY CRITERIAThe Competition shall be open for ‘bona-fide’ students who are pursuing LL.M. Programme or integrated 5 year LL.B. Programme or 3 year LL.B. Programme from any Institute/University in India. Such Institute/University must be recognized by the Bar Council of India.

6. TEAM COMPOSITION Team shall comprise of only three (3) members out of which two (2) will be the

speakers and one (1) will be the researcher.

Each Law Institute/ University shall be eligible to send Two Teams. Team should not

disclose the identity of their Institution/University in course of proceedings in the court

rooms; such disclosure shall invite penalties including disqualification.

Each Team shall be provided with a separate team code followed by draw of lots and

exchange of memorials.

7. REGISTRATION

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Maximum 50 Teams shall be registered on first come first serve basis by sending a

scanned soft copy of the properly filled Registration Form along with a copy of

Registration Fee submission either through Demand Draft or Receipt/Screen Shot of

NEFT or Paytm transactions via an email on [email protected]. The subject of

mail should be “Provisional Registration - …………. (Name of your

Institute/University)”. Confirmation mail regarding the provisional registration will be

revert back within 24 hours. Provisional registration for the competition through email

shall close on 7th August 2019 at 11:55 pm.

For Final Registration, Teams shall post the hard copies of the properly filled

Registration Form along with a Demand Draft or Receipt/Printout of NEFT or Paytm of

Rs.5000 /- which must reach the organizers by 15th August 2019 before 5 p.m. at the

following address: Amity House, C - 119, Lal Kothi Scheme, Behind Vidhan Sabha,

JAIPUR (Rajasthan) – 302 015.

A Registration Fee of Rs.5000/- has to be submitted by either of the following modes -

(i) Demand Draft drawn in favor of “AMITY UNIVERSITY RAJASTHAN”

Payable at “JAIPUR”.

(ii) NEFT

(iii) PAYTM

Teams should clearly mention the details of the institute/university and details of

participants, i.e. his/her name, e-mail id, contact no. including year/semester of study on

the registration form.

Teams should clearly mention ‘5th Amity National Trial Advocacy Competition 2019’

and the participants’ institute/university name and details of any one participant, i.e.

his/her name, e-mail id, contact no. on the back side of demand draft or of the

receipt/printout of NEFT/ PAYTM transaction before posting.

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.

Forms received after the deadline shall not be considered for registration.

The Organizing Committee has the exclusive right to decide in case of any dispute

related to the registration. The decision of the organizing committee in such a case shall

be final.

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mailto:[email protected]

8. ORAL ROUNDS FOR COMPETITIONThere shall be Preliminary, Pre-Quarter Final, Quarter Final, Semi-Final and a Final Round

spreading over a period of 3 days.

8.1 DRAW OF LOTS

i) The draw of lots for Preliminary Round shall take place at the time of formal

registration in the Amity Law School AUR campus.

ii) To ensure unbiased selection, Teams shall be subjected to drawing of lots for the

Preliminary Rounds.

iii) No changes shall be entertained in any circumstances after the draw of lots.

iv) The participating team will ensure their presence at the time of draw of lots. If the

team is not present at the time of draw of lots then their escort member, allotted by

organizer, represent the participating team for drawing the chit and the result of such

draw of lots shall be binding over the participants.

8.2 PRELIMINARY ROUND

i) Every Team will moot form one side i.e. either from prosecution or from defense as

per the result of the draw of lots.

ii) The criteria of marking in this round are aggregate total of the marks of both the

speakers.

iii) Top Sixteen Teams will move to Pre-Quarter Final Round amongst the winner teams

of various court-rooms, on the merit basis.

iv) In case of tie between Teams, in preliminary round, the marks of memorial shall be

added in the cumulative total of the marks of both the speakers and marks so added

shall be counted to decide the winner.

v) Time Division and Sequence for Preliminary Round

Sr. No. Particulars Time (in minutes)

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1. Opening statement of Prosecution 5

2. Opening statement of Defense 5

3. Examination-in-chief by Prosecution

(2.5 Minutes for each witness x 4 witness)

10

4. Cross Examination by Defense

(4 Minutes for each witness x 4 witness)

16

5. Examination-in-chief by Defense


10

6. Cross Examination by Prosecution


16

7. Closing Statement by Prosecution 5

8. Closing Statement by Defense 5

TOTAL TIME FOR SESSION 72 MINUTES

vi) Out of two speakers of a Team, one speaker can’t exceed the time limit of 6 minutes

in examination-in-chief and 12 minutes in cross-examination time. The Teams have

to inform the court room officers about the time distribution at the beginning of the

round.

vii)PW-1 to PW-4 and DW-1 to DW-4 are permitted to examine in Preliminary Round.

8.3 Pre-Quarter Final

i) Sixteen Teams shall compete in this round.

ii) The draw of lots amongst these Sixteen Teams for Pre-Quarter Final Round will

be conducted immediately after the result declaration of Preliminary Round.

iii) It shall be a knock-out round. The winner of each Court Room shall move to the

Quarter Final Round.

iv) The criteria of marking in this round are aggregate total of the marks of both the

speakers.

v) In case of tie between Teams, the researcher shall be examined, and marks so

obtained shall be counted to decide the winner.

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vi) Time Division and Sequence for Pre-Quarter Final Round






12.5



20



12.5



20




vii) Out of two speakers of a Team, one speaker can’t exceed the time limit of 8

minutes in examination-in-chief and 14 minutes in cross-examination time. The

Teams have to inform the court room officers about the time distribution at the

beginning of the round.

viii) PW-1 to PW-5 and DW-1 to DW-5 are permitted to examine in Pre-Quarter Final

Round.

8.3 QUARTER FINAL

i) Eight (8) Teams shall compete in this round.

ii) The draw of lots amongst these Eight Teams for Quarter Final Round will be

conducted immediately after the result declaration of Pre-Quarter Final Round.


Semi Final.


speakers.

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v) In case of tie between Teams, the researcher shall be examined, and marks so

obtained shall be counted to decide the winner.

vi) Time Division and Sequences for Quarter Final Round






15



24



15



24




vii)Out of two speakers of a Team, one speaker can’t exceed the time limit of 10

minutes in examination-in-chief and 15 minutes in cross-examination time. The

Teams have to inform the Court Room Officers about the time distribution at the

beginning of the round.

viii) PW-1 to PW-6 and DW-1 to DW-6 are permitted to examine in Quarter

Final Round.

1.5 SEMI FINAL

i) Four (4) Teams shall compete in Semi-Final Round

ii) The draw of lots amongst these Four Teams for Semi-Final Round will be conducted

immediately after the result declaration of Quarter Final Round.


Final Round.

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speakers.

v) In case of tie between Teams in Semi-Final Round, the researcher shall be examined,

and marks so obtained shall be counted to decide the winner.

vi) Time Division and Sequences for Semi Final Round






17.5



28



17.5



28




vii)Out of two speakers of a Team, one speaker can’t exceed the time limit of 12 minutes


to inform the Court Room Officers about the time distribution at the beginning of the

round.

viii. PW-1 to PW-7 and DW-1 to DW-7 are permitted to examine in Semi-Final

Round.

1.6 FINAL ROUND

i) There shall be one (1) FINAL ROUND in which Two (2) teams will compete.

ii) The draw of lots amongst these Two Teams for Final Round will be conducted

immediately after the result declaration of Semi-Final Round.

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iii) The marking criteria in Final Round are same as that of Semi-Final Round.

iv) Time Division and Sequences for Final Round






20



32



20



32




v) Out of two speakers of a Team, one speaker can’t exceed the time limit of 12 minutes


to inform the Court Room Officers about the time distribution at the beginning of the

round.

vi) PW-1 to PW-8 and DW-1 to DW-8 are permitted to examine in Final Round.

9. EVALUATION PARAMETERS FOR ORAL ROUNDSThe following will be the Marking Criteria and the Marks allocated to each Speaker by

each Judge in the Oral Round:

Sr. No. Marking Criteria Marks Allocated

1. Skill regarding to open the case before the Court 05

2. Identification and Articulation of Charges. 05

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3. Examination-in-Chief 20

4. Cross-Examination 40

5. Use of Authorities and Precedents 05

6. Response to Questions 05

7. Production of documents through Compendium 05

8.Conclusion and Clarity of thoughts and logical structure of Arguments 10

9. Poise and Demeanor 05

TOTAL : 100

Note: No presumptions or interpretations beyond the fact sheet are allowed. Such will

call for the negative marking depending upon the discretion of the evaluators. Precisely,

any wild imagination beyond the fact sheet will calls for negative marking.

10. RESEARCHER TEST(i) Researcher test shall be conducted only in case of tie between two Teams in any

of the rounds from Pre-Quarter Final to Final.

(ii) It will be a written test containing 05 questions related to Moot Proposition and

the laws applicable and the researcher will have 10 minutes to answer these

questions. Each question carries 2 marks. There shall be no negative marking.

(iii) The questions may be either descriptive or subjective, depending upon the

organizers.

11. MEMORIALS All guideline shall be strictly followed. Non-adherence to the same shall result in

disqualification subject to the discretion of the organizers.

The official language of the memorial shall be English only.

Each Team shall prepare memorials for both the sides to the Moot Problem. i.e.

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Prosecution and Defense.

The soft copy of the Memorial must reach the organizers latest by 31st August 2019

before 11:55 pm on the convener’s email id, i.e. [email protected].

The subject of the mail should be ‘Memorial Submission - ……… (Team Code)’

No extension shall be granted to any Team for online submission of memorial in any

case. However, maximum 5 days extension is permissible in exceptional cases depending

upon the discretion of the organizers, but a penalty of two (2) marks for each side of

memorial shall be entailed on each day default in submission of memorials in soft copy.

No need to send any hard copy of memorials via post. Participants will bring Six (6)

sets of hard copies for each side (prosecution and defense) with them at the time of

arrival at Amity University Rajasthan on 12th September 2019 (Thursday) and must

submit them on the Registration Desk at the time of Formal Registration.

The hard copies for each side must be properly packed in the separate envelops clearly

mentioning the Name of the Event, Team Code and the Side (i.e. prosecution or

defense) on the front of the envelop.

11.1. MEMORIAL SPECIFICATIONS

Contents of Memorial

i) Cover page / Case title.

ii) Index.

iii) Index of Authorities.

iv) Abbreviation

v) Statement of Jurisdiction.

vi) Synopsis of Fact.

vii)Statement of charges

viii) Summary of Arguments.

ix) Arguments Advance. (each and every charges must be separately dealed)

x) Conclusion.

xi) Prayer.

Formatting Specifications

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i) For Main Text

a) Font Type – Times New Roman

b) Font Size – 12

c) Line Spacing – 1.5

d) Body of Text – Justified

e) Margin 1”

f) Blue Book (9th Ed.) Pattern

ii) For Headings

a) Font Type – Times New Roman

b) Font Size – 14 & Bold

c) Line Spacing – 1.5

d) Margin 1”

iii) For Foot Notes

g) Font Type – Times New Roman

h) Font Size – 10

i) Line Spacing – 1

j) Body of Text – Justified

k) Margin 1”

l) Blue Book (9th Ed.) Pattern

The Memorial shall not be more than Sixty (60) pages consisting of all authorities, case

laws, evidences, statement of witnesses, FIR, postmortem report etc. in detail.

The Cover Page of the Memorial must be in

i) Blue for the Prosecution and

ii) Red for the Defense.

The Memorial must be spiral bound only.

Any kind of addition, modification, alteration, amendment or repeal in the hard copies of

Memorial is not allowed after the submission of soft copies of the same. Such changes

shall call for penalty or disqualification of the team depending upon the discretion of the

organizers.

The Memorials shall not, in anyway, disclose any fact pertaining to the identity of the

Participating Team, its Members, or the Institution/College/University represented.

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11.2. EVALUATION PARAMETERS FOR MEMORIALS

The following shall be the criteria for evaluating the memorials:

Sr. No. Particulars Marks Allocated

Prosecution Defense

1) Cover Page / Case Title. 01 01

2) Index. 01 01

3) Index of Authorities. 01 01

4) Abbreviation 01 01

5) Statement of Jurisdiction. 02 02

6) Synopsis of Fact. 05 05

7) Statement of Charges 05 05

8) Summary of Arguments. 05 05

9) Arguments Advance. (each and every

charges must be explained separately)

20 20

10) Conclusion. 05 05

11) Prayer. 05 05

12) FIR

(Given with Moot Preposition)

02 02

13) Statement of Witnesses U/S 161 of

Cr.P.C.

(Participants have to prepare on their own

as per the Moot Proposition)

10 10

14) Post Mortem Report

(Given with Moot Preposition)

02 02

15) Confession (If any)



05 05

16) Forensic Report of CCTV Footage



05 05

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17) Panchnama (If any)


as per the moot preposition)

05 05

18) Account Book Details of Moneylender



05 05

19) Register details of Hotel



05 05

20) Substantial Materials (If any found

during investigation)



05 05

21) Any Other Relevant Materials



05 05

Total 100 100

12. SCOUTING Teams shall not be allowed to observe the Oral Rounds of any other Teams whatsoever.

Scouting is strictly prohibited as per the Rules of the Competition.

Scouting by any of the Teams shall entail instant disqualification.

Any Team can file a written complaint to the Moot Court Society for the same. The

Organizer’s decision regarding scouting shall be final.

.

13. AWARDS Winning Team Award:

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o The winning Team will receive a trophy and a cash prize of 20,000/- and a

certificate of merit.

Runners-Up Award:

o The 1st Runners-up team will get a trophy and a cash prize of 10,000/- and a

certificate of merit.

Best Student Advocate Award:

o Best student advocate will get a trophy and cash prize of 5,000/- and a certificate

of merit based on highest score of Examination-in-Chief in each and every round.

Best Cross-Examiner Award:

o Best Cross-Examiner will get a trophy and cash prize of 5,000/- and a certificate

of merit based on highest score of Cross-Examination in each and every round.

Best Memorial Award:

o Best Memorial Award will be given to the Researcher as a trophy and cash prize

of 5,000/- and a certificate of merit based on the marking criteria of memorial as

mentioned above in point number 11.1

Certificate for participation will be given to all the participants.

14. ACCOMMODATION & FOOD Accommodation and Food will be provided to all the Teams by the Organizers.

Accommodation and Food will be provided during the days of the competition only, i.e.

from night of 12th September 2019 to evening of 15th September 2019.

15. MISCELLEANOUSDuring the course of oral submissions, 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, except the hard copy of Memorial and

Compendium.

In the support of speaker’s argument, the researcher can produce the documents if he

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asked to do so.

If at any instance a submission is made with any material in violation to the above clause,

the Teams shall be disqualified from the competition forthwith.

During the course of the Oral Submissions no speaker shall neither reveal his/her

identify nor the identity of their University/College by any means whatsoever.

The decision of the judges as to the Marks secured by any Team shall be final.

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. For the violation of this rule strict action may be taken against the

Team, even ranging to the disqualification of the Team from the competition.

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 final.

In the case of any dispute, Participants can file a written complain to the Moot Court

Committee of Amity Law School, Amity University Rajasthan and the decision of the

Committee, subject to the revision by Dean, ALS AUR, shall be final.

The Teams are supposed to submit their Travel Plan Form (soft copy) along-with the

final submission of Memorial in soft copy, i.e. on 31st August 2019.

16. CONTACT FOR QUERIES:

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In case of any queries or clarifications regarding the Competition, the teams may Contact:

Conveners of the Event Mr. Nitya Nand Pandey Mobile – 8795879501

Email- [email protected]

Dr. Mukti Jaiswal Mobile – 7742593971

Student Coordinators

(Queries Regarding

Travel and

Accommodation)

Mr. Pranshu Agrawal Mobile – 8449422275

Ms. Ambika Tomar Mobile – 9799427944


(Queries Regarding

Moot Problem &

Witnesses)

Ms. Shallu Bishnoi Mobile – 7357557642

Mr. Himanshu Gupta Mobile - 7726001852

Ms. Rainy Jain Mobile - 7023910144


(Queries regarding

conduction of event)

Mr. Shivendra Singh Chouhan Mobile – 9119211133

Ms. Palak Khandelwal Mobile – 8005844839

Mr. Vaibhav Soni Mobile - 9461040448

Note – For more details visit – www.jurisworld.in

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http://www.jurisworld.in/


5 th AMITY NATIONAL TRIAL ADVOCACY COMPETITON, 2019

NAME OF THE

INSTITUTE / UNIVERSITY

ADDRESS OF THE


EMAIL ID OF THE


CONTACT NUMBER OF

THE INSTITUTE /

UNIVERSITY

SPEAKER 1:

NAME:- ______________________________________________________

GENDER:-____________________________________________________

YEAR & COURSE: ____________________________________________

EMAIL ID____________________________________________________

CONTACT NO.________________________________________________

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REGISTRATION FORM

SELF- ATTESTED

PHOTOGRAPH

SPEAKER 2:

NAME:- ______________________________________________________

GENDER:-____________________________________________________

YEAR & COURSE: ____________________________________________

EMAIL ID____________________________________________________

CONTACT NO.________________________________________________

RESEARCHER:

NAME:- ______________________________________________________

GENDER:-____________________________________________________

YEAR & COURSE: ____________________________________________

EMAIL ID____________________________________________________

CONTACT NO.________________________________________________

THE SPEAKERS AND THE RESEARCHER ARE THE BONAFIDE STUDENTS OF THE COLLEGE.

(BY SENDING THIS REGISTRATION FORM, THE PARTICIPANTS AGREE TO COMPLY WITH THE RULES OF THE COMPETITION)

Signature & Seal of the Head / Dean of the Institution / University

Date:- ___________________

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SELF- ATTESTED

PHOTOGRAPH

SELF- ATTESTED

PHOTOGRAPH

5 th AMITY NATIONAL TRIAL ADVOCACY COMPETITON, 2019

NAME OF THE INSTITUTE / UNIVERSITY:

__________________________________________________________________

SPEAKER 1:

1. Name & Contact No.: _____________________________________________________

2. Date of Arrival: __________________________________________________________

3. Mode (Train/Airways/Bus): ________________________________________________

4. (Train/Airways/Bus) Number: ______________________________________________

5. Time of arrival of Train/Airways/Bus:________________________________________

6. Other Details (eg. Name of Airline, Bus Service etc.): ___________________________

SPEAKER 2:

1. Name & Contact No.: _____________________________________________________

2. Date of Arrival: __________________________________________________________





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TRAVEL FORM

RESEARCHER:

1. Name & Contact No.: _____________________________________________________

2. Date of Arrival: __________________________________________________________





The Teams are supposed to submit their journey plan with the final memorial submission in soft copy

Signature & Seal of the Head of the Institution / University

Date:- ___________________

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19. MOOT PROPOSITION

Ramesh Kumar, age 40 years, a resident of Chandvaji, Rajasthan (India) was employed as supervisor in a factory called " SOHAN & CO.”, which is 2 km away from his village. Ramesh Kumar lives with his wife Sarita Devi of 36 years, their son Dinesh who is 7 years old, and daughter Sushila 23 years old. Ramesh was a hardworking man. He was very loyal for his work as a supervisor. Ramesh used to return home from factory around 6 a.m. He was the sole bread winner of the family and had his daughter’s marriage coming up. As a father he wanted to make her daughter’s marriage the most memorable day of her life. So he worked hard to earn the money so that he can make his daughter’s marriage rememberable. On the morning of 7 th July 2018 his son Dinesh went out to search for Ramesh when Ramesh Kumar didn’t return home from his night duty on 7th July and discovered him in oblivious condition behind the shrubberies, in immediate vicinity to the railway-gate of Chandvaji. From that point with the assistance of adjacent locals and a railway-guard named Ghanashyam, Ramesh Kumar was taken to the "Shanti Hospital" Chandvaji. Where the doctor tried their best to save him yet in evening at 4.00 pm Ramesh Kumar passed away. At 8.00 pm, the deceased's wife Sarita Devi lodged FIR at Chandvaji Police Station, as under:-

FIRST INFORMATION OF REPORT-

2. "My husband Ramesh Kumar was a very quiet person. We had acquired a credit of 1 lakh rupees at the interest of 25% per annum in March 2015 from the moneylender Kishan Lal, for the marriage of our daughter Shushila. We were unable to pay back the money due to insufficient income. On 3rd July 2018, four days ago, the moneylender and his 4 companions with lathi came to our house and demanded the amount borrowed. When we recounted our inability to repay and requested some additional time, they began mishandling us and said that on the off chance that we didn't pay the borrowed money within 3 days then the consequences would be noticeably bad. Along these lines, I have full certainty that moneylender Kishan Lal and his four partners - Kedar, Subedar, Havaldar and Jamadar have killed my husband”.

INVESTIGATION-

3. Based on the above FIR and in the wake of scrutinizing the nearby individuals of that place and individuals living in the surroundings of the town, Investigating Officer Sandeep Kumar arrested Kishan Lal and his four partners, under Section 302, 304, 326, 506, and 509 of IPC 1860 on 10th July 2018. One of the accused Havaldar in police custody confessed that he and his three other partners had attacked the deceased. The arrested individuals were taken to the nearest Chief Judicial Magistrate from where the matter was referred to the Court of Session and all the accused got bail.

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STATEMENT U/S 161 OF CRIMINAL PROCEDURE CODE-

4. Amid the investigation, Ghanashyam, the railway-guard, said that, “I was in a deep sleep when I heard the voices of some people talking loudly but because of laziness, I didn’t go out. But the voices seemed familiar to me and out of them one seemed to be similar to that of the voice of the money lender. And when I woke up I saw a lot of crowd near the railway gate. When I went to the crowd, I saw that the deceased was oblivious and alongside other individuals, he additionally encouraged in taking him to the doctor's facility”. Deceased’s wife Sarita Devi imposed a direct charge on the moneylender and his four friends and Son Dinesh Kumar conceded that a few people had threaten to kill his father a couple of days prior.

5. Moneylender Kishan Lal stated that he was attending the marriage of his brother-in-law at the night of the incident, while one of the guest Mr. Kapoor has confiremed the presence of Kishan lal at the time of marriage and the second guest Mr. Mittal said that he met to Kishan Lal before 12 a.m. and after that they do not appear. Kishan lal’s wife said that on the day of incidence her husband came home at 6 a.m. and he was very upset and told the reason that he had "wiped him out today". Albeit, the Post Mortem Report prepared by the doctor uncovered that two strokes of knife are found on the lower portion of the deceased’s chest, which was insufficient to cause death but rather he died of excessive bleeding.

6. Co-accused Havaldar confessed that his three companions had attacked the deceased; however, he was only standing and did not hurt the deceased. Gram Pradhan of the village has given statement that Kishanlal is a decent and respectable man and furthermore he communicated his apprehension about the expanding episodes of robbery around the rail-road. Pankaj, the villager, said that once he had likewise loaned cash from the moneylender and he didn't trouble him by any means even though he had late deposited. Kishanlal’s father-in-law Gobardhan Das told that Kishan Lal Ji was involved in his son’s marriage at the time of incidence.

7. Likewise, Hotel supervisor Sachin Sharma, whose hotel was reserved for the wedding service of Gobardhan’s son, told that Kishan Lal stayed in the hotel that night. Ishwarlal, another inhabitant of the village, told that the incidences of robbery have expanded around the railroad and he also had been robbed over there a couple of days prior to the incidence. Co-accused Kedar said that there was no question of attacking the deceased, as deceased was depositing instalments regularly for the principle sum of the debt taken by him.

MATERIALS RECOVERED DURING THE INVESTIGATION-

8. Amid the search by the police, on the trail of co-accused Havaldar, the police had recovered three knives from immediate vicinity to the incident place. The blood of the deceased was found on some knives but no fingerprints were found on them. Fingerprints were found on some knives, which were not matched with any accused and no blood mark was found on it. Police had seized the register of Hotel Manager, in which the name of the moneylender was entered. Police

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had also seized the books of account of the moneylender which shows the debt amount in favour of deceased and the deceased regularly paid the loan but the payment was not being paid for the last few months. The police took the CCTV footage of the ATM, proximate to the railway-gate way, through which it has turned out to be evident that four individuals were seen to have moved immediately just after the deceased had gone. And accordingly, all the pieces of evidence along with other material articles were sent to the court by the police.

SESSION TRIAL-

9. Thereafter, all the accused, except Havaldar plead not guilty before the court of session and sought for trial. Havaldar is presented as the prosecution witness before the court by the Prosecution Lawyer and the Court of Sessions framed the charges under Section 302, 326, 506, and 509 of IPC and conceded the next date for the hearing.

Note-

For the purpose of this proposition all the relevant laws of india are applicable.

All the accused had given the application to appear as a witness under section 315 of

cr.p.c., which has been granted by the court.

20. STEPS OF TRIAL PROCEEDING

(i) Public Prosecutor and Defence Lawyer will open the case.

(ii) Party will submit the list of witnesses in two copies to Court.

(iii) All Prosecutor Witnesses (PW) will be examined (Examination in chief and cross

examination) one by one by Public Prosecutor and Defence lawyer.

(iv)All Defence Witnesses (DW) will be examined (Examination in chief and cross

examination) one by one by Defence Lawyer and Public Prosecutor.

(v) Prosecution and Defence Lawyer will conclude the case.

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21. LIST OF THE WITNESSES

PW1 Sarita Devi W/O deceased person DW1 Gram PradhanPW2 Hawldar

(Co-Accused) DW2 Mr. Kapoor

(Guest- I)PW3 Doctor

(Who has done Post Mortem)DW3 Ishwar Lal

(Victim of Robbery)PW4 As per the choice of Prosecution - I DW4 As per the choice of Defence - IPW5 Ghanshyam

(Railway-gate guard)DW5 Mr. Mittal

(Guest - II)PW6 Investigating Officer DW6 Gobardhan Das

(Father in law of Kishan Lal)PW7 As per the choice of Prosecution- II DW7 As per the choice of Defence - IIPW8 Vimla Devi

(Wife of moneylender Kishan Lal)DW8 Pankaj

(Other Debtor of Money Lander)

22. RULES REGARDING THE APPEARANCE OF WITNESSES

i. Participants will prepare the statement of all the witnesses mentioned in the proposition, which shall be in consonance with the facts of the case.

ii. Participants will prepare two witnesses of either side (PW 4 & DW 4 and PW 7 & DW 7) as per their choice moreover; the statement of such witness shall not be inconsistence with the facts of the case.

iii. PW1 to PW4 and DW1 to DW4 will be accessible for examination-in-chief and cross-examination in Preliminary Round.

iv. PW1 to PW5 and DW1 to DW5 will be accessible for examination-in-chief and cross-examination in Pre-Quarter Final Round.

v. PW1 to PW6 and DW1 to DW6 will be accessible for examination-in-chief and cross-examination in Quarter Final Round.

vi. PW1 to PW7 and DW1 to DW7 will be accessible for examination-in-chief and cross-examination in Semi Final Round.

vii. PW1 to PW8 and DW1 to DW8 will be accessible for examination-in-chief and cross-examination in the Final Round.

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