AMITY UNIVERSITY, RAJASTHAN
4th AMITYNATIONAL MOOT COURT COMPETITION2017ORGANISED BYAMITY UNIVERSITY, RAJASTHANAmity Law School, Amity University Rajasthan, Kant Kalwar, NH-11C, JaipurDelhi Highway, Jaipur, Rajasthan 303007Phone number:- 8795-8795-013rd - 5th March, 2017Page 1 of 23
ABOUT THE INSTITUTEAmity University Jaipur has been established by the Ritnand Balved Education Foundation (RBEF) NewDelhi, which is a society registered under the Societies Registration Act, 1860. It has been set up underthe Amity University Rajasthan Act 2008, notified by Government Notification No F.2(10 ) vidhi/2. TheUniversity 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 anAmphitheatre that can seat 1,500 spectators. The academic blocks have large and spacious air-conditionedclassrooms, lecture theaters and state-of the-art labs. There are separate hostels for boys and girls, and aStudent Resource Centre that has restaurants, gym, library, dance room, billiards and TT room. TheUniversity 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 studentsindustry-ready. Case studies, industry projects, presentations, research work and role-play form anintegral part of a student's tenure at Amity.At Amity we benchmark only against the best institutions around the world. Our faculty and senior teamtravel all over the globe to learn and imbibe the best practices so that we can give a solid foundation forlearning. Over 4000 students have got on-campus placements this year and over 800 students gave beenplaced even one year before graduating. Only the best of the students get admission in Amity. Everystudent goes through a personal interview, GD & written test (course dependent) to ensure that the beststudents are shortlisted. On an average, only 1 out of 10 students gets selected. Biggest strength of Amityis a unique Corporate Resource Centre to facilitate excellent placements. Alumni all over the world inleading companies like McKinsey, Ernst & Young, HLL, and Reliance. Over 4000 students have got oncampus placements this year and over 800 students gave been placed even one year before graduating.Leading companies across various disciplines come for campus placements at Amity. In technicalcourses, nearly all students are placed even one year before the completion of the course.The University also has a unique mentor-mentee system, where every student is guided by a Facultymember. The Faculty member not only addresses the academic problems faced by students but alsocounsel’s students on personal issues.The Amity University Jaipur is considered a pioneer in the field of higher learning for introducing thepath-breaking Flexi-credit course. Under this course, the students choose the subjects they want to study,and at a time of their convenience.Personality Enhancement is greatly stressed at Amity and all students undergo special classes andworkshops for this, whilst innovative activities like military training camps ensure that Amitians becometrue leaders.Page 2 of 23
INVITATION LETTERToThe Director/Dean/Principal/Head of the Department.Subject: Invitation for Participation in 4th Amity National Moot Court Competition, 2017Respected Sir/Ma’amAmity University, Rajasthan cordially invites your esteemed institution to participate in the 4thAmity National Moot Court Competition 2017, scheduled to be held from 3rd - 5th March, 2017in the college premises. Amity University, Rajasthan firmly believes in the holistic developmentof students through moots and other co-curricular activities. We would like to invite yourprestigious college to participate in this particular Moot Court Competition and contribute tomake it a greater success.We look forward to welcome your esteemed institution.Thanking youSincerelyNitya Nand PandeyAssistant ProfessorConvener (Amity Moot Court Society)M. 8795-8795-01E-mail- nnpandey@jpr.amity.eduPage 3 of 23
RULES AND REGULATIONSINDEXSr No.ParticularPage No.1.Aim and Purpose052.Date and Venue053.Language054.Dress Code055.Eligibility066.Team Composition and Eligibility Criteria067.Registration068.Rounds For Competition079.Memorial1010.Scouting1211.Time Management for Each & Every Rounds1212.Awards1213.Accommodation and Food1114.Miscellaneous1315.Contact Details1416.Proposition1517.Registration Form2018.Travel Form22Page 4 of 23
1. AIM AND PURPOSE To give exposure to students pursuing the law course to the environment of the courtsystem in India and to hone their advocacy skills. To provide a real life experience cum training in doing cutting edge research, presentingground breaking arguments and contributing to the development of jurisprudence inconcerned areas of law.2. DATE AND VENUE1.5.Last Date for Provisional Registration(Through e.mail)Last Date for Submission of fee and finalRegistration (Hard Copy)Last Date for Submission of Memorial(Soft Copy)Last Date for Submission of Memorial(Hard Copy)Date of Event6.Venue:- Amity Law School, Amity University Rajasthan, , 01703.03.2017 to05.03.20173. LANGUAGE The official language for the Competition shall be English only.4. DRESS CODE Inside the court room the participant shall follow the below mentioned dress code.i) Females: white salwar kurta & Dupatta or white shirt and black trousers along withblack coat, tie and black shoes.ii) Males: white shirt, black trousers, black tie along with black coat and black shoes. The dress code for all the functions at the competition shall be western formals forPage 5 of 23
gentlemen and western or Indian formals for ladies.5. ELIGIBILITY The Competition shall be open for ‘bona-fide’ students who are pursuing an integrated 5year LL.B. Programme or 3 year LL.B Programme from an institute/university in India.Such Institute/University must be recognized by the Bar Council of India.6. TEAM COMPOSITION AND ELIGIBILITY CRITERIA Team shall comprise of three (3) members ONLY out of which two (2) will be speakersand one (1) researcher. Each Law College/ University shall be eligible to send one team. Team should notdisclose the identity of their institution in course of proceedings in the court rooms; suchdisclosure shall invite penalties including disqualification. Each team shall be provided with the team code by draw of lots followed by exchange ofmemorials.7. REGISTRATION Maximum 50 teams shall be registered on first come first serve basis by sending a softcopy of the properly filled registration form along with a scanned copy of a demand draftvia an email to amitylawschool@amity.edu provisional Email registration for thecompetition shall close on 31.01.2017. The final registration must be done by 15.02.2017by sending the hard copies of Registration form and Demand draftPage 6 of 23
Teams shall post the hard copies of the properly filled registration form along with ademand draft of Rs.3000 /- which must reach the organizers by 15 February, 2017 before5 p.m. at the following address: Amity Law School, Amity University Rajasthan,Kant Kalwar, NH-11C, Jaipur Delhi Highway, Jaipur, Rajasthan 303007 A registration fee of Rs.3000/- is to be sent by way of Demand Draft drawn in favor of“AMITY UNIVERSITY RAJASTHAN” Payable at “JAIPUR” along with theregistration form Teams should clearly mention the participants’ name, e-mail id, contact no. IncludingYear/semester of study No change in the names of the participants shall be permitted after the receipt of theRegistration 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 relatedto the registration. The decision of the organizing committee in such a case shall be final8. COMPETITION ROUNDSThere shall be two preliminary rounds, quarter finals, semi-finals and a final round spreadingover a period of 3 days. DRAW OF LOTSi) The draw of lots shall take place at the time of formal registration in the campus.ii) To ensure unbiased selection, teams shall be subjected to drawing of lots for thePreliminary Rounds.iii) In no circumstance, shall any change be entertained after the draw of lots. PRELIMINARY ROUNDSi) Every team will play two rounds.ii) Each team shall argue from either side (appellant and respondent) in every round asPage 7 of 23
per draw of lots.iii) No team shall face each other more than once in the preliminary rounds.iv) Each team shall face a different bench in their each round of arguments.v) The marks of the EACH preliminary round shall be the cumulative total of the marksof both the speakers and the marks of the memorial of the side in which they areappearing.vi) TOP EIGHT (8) teams shall move to the quarter finals on the basis of the marks ofthe preliminary roundsvii) The following criteria shall be observed in deciding teams which are to move inquarter finals.a) The teams that have TWO WINS in preliminary rounds shall proceed to thequarter final.b) In case less than 8 teams are able to score two wins then teams that have 1:1 winloss ratio shall advance based on their aggregate score in the Preliminary Rounds.c) In case of tie between teams, in preliminary round, the researcher shall beexamined and marks obtained by him shall be counted to decide the winner. QUARTER FINALSi) Eight (8) teams shall compete in quarter final.ii) It shall be a knock out round. The winner of each round shall move to the semi-final.Four (4) teams shall move to semi- finals.iii) The criteria of marking in this round are aggregate total of the marks of both thespeakers.iv) In case of tie between teams, in quarter finals, the researcher shall be examined andmarks obtained by him shall be counted to decide the winner. SEMI FINALSi) Four (4) teams shall compete in semi-finals. The criteria of qualifying in semi-finalshave been same as per quarter final.ii) It shall be a knock out round. The winner of each round shall move to the Final.iii) The criteria of marking in this round are aggregate total of the marks of both thePage 8 of 23
speakers.iv) In case of tie between teams, in semi-finals, the researcher shall be examined andmarks obtained by him shall be counted to decide the winner. FINAL ROUNDi) There shall be one (1) FINAL ROUND.ii) The marking criteria in Final Round is same as that of semi final. MARKING CRITERIA FOR THE ARGUMENTS IN EACH & EVERY ORALROUNDThe following will be the Marking Criteria and the Marks allocated to each Speaker byeach Judge in the Round:Sr. No.Marking CriteriaMarks allocated1.Appreciation and Application of Facts.102.Identification and Articulation of Issues.103.Application of legal principles.104.Use of authorities and precedents105.Response to questions106.Presentation skills10Clarity of thoughts and logical structure of7.Arguments108.Poise and Demeanor109.Strategy1010.Ingenuity10100TOTAL :Page 9 of 23
RESEARCHER’S TEST Researcher test shall be conducted only in case of tie between two team. The test shall contain 10 questions related to moot preposition and the law applicable andthe researcher will have 10 minutes to answer these questions.9. MEMORIAL All requirements have to be strictly followed. Non-adherence to the same shall result indisqualification subject to the discretion of the organizers. Each team shall prepare memorials for both the sides to the dispute. i.e. appellant andrespondent No extension shall be granted to any team for memorial submission in any case. Six (6) hard copies for each side (appellant and respondent) must reach the organizerslatest by 28.02.2017 Format of Memorialsi) Cover page / Case title.ii) Index.iii) Index of Authorities.iv) Abbreviationv) Statement of Jurisdiction.vi) Synopsis of Fact.vii) Summary of Arguments.viii)Arguments Advance.ix) Conclusion.x) Prayer. Memorial General Formati) Memorial shall be typed on A4 size page inii) Font type : Times New Roman,iii) Font size : 12,Page 10 of 23
iv) 1.5 line spacing & 1 inch margin on each side.v) Blue Book (9th Ed.) Pattern shall be followed. The memorial shall not be of more than forty (40) pages and the Arguments shall notexceed more than twenty five (25) pages The Cover Page of the Memorial must be ini) Blue for the Applicant Cover Page andii) Red for the Respondent Cover Page. The Memorial must be spiral bound ONLY. Participants are allowed to frame sub-issues. The Memorial must not contain any Annexure/Photographs/ Sketches/Exhibits/Affidavitsetc. The Memorials shall not, in anyway, disclose any fact pertaining to the identity of theParticipating Team, its Members, or the Institution/College/University represented MARKING CRITERIA FOR MEMORIALSThe following shall be the criteria for marking the memorials:Marks allocatedSr.No.Marking CriteriaAppellantRespondent1.Knowledge of Facts05052.Knowledge of Law05053.Proper and Articulate Analysis05054.Evidence of Original Thought05055.Grammar and Style05056.Correct Format and Citation05057.Extent and Use of Research05058.Clarity and Organization0505TOTAL :4040GRAND TOTAL 40 4080A penalty of two (2) marks for each side of memorial shall be entailed on each days default inPage 11 of 23
submissions of memorials. Maximum 5 days delay shall be acceptable.10. 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 Organizers for the same. The Organizer’sdecision regarding scouting shall be final.11.TIME MANAGEMENT FOR EACH AND EVERYROUND Each team will have a maximum of thirty (30) minutes to present their Oral Submissionsin Each & Every Rounds. 10 Minutes for rebuttal and 5 Minutes for Re-rebuttal will beadditional. No speaker will be permitted to address the Court for more than twenty minutes. At thecommencement of each session of Oral Submissions each team shall notify the CourtOfficer as to the division of time between the 2 speakers. If any speaker continues to speak after the completion of his/her time, he/she shall entailpenalty which shall be one mark for every minute.12. AWARDSWinning Team Award:o The winning team will receive a trophy and a cash prize of 20,000/-. Runners-Up Award:o The 1st runners up will get a trophy and a cash prize of 15,000/-. Best Student Advocate:Page 12 of 23
o Best student advocate will get a trophy and cash prize of 5,000/-. Best Memorial award will be given to the researcher as a trophy and cash prize of 5,000/- Certificate for participation will be given to all the participants.13.ACCOMMODATION & FOOD Food will be provided to all the teams by the Organizers. Accommodation and Food will be provided during the days of the competition only. The teams are supposed to submit their journey plan with the final memorial submissionin soft copy14. MISCELLANEOUSDuring the course of oral submissions the participants will not be permitted to make anyaudio/visual representation nor will they be allowed to use personal computers, laptopsand any other technical or mechanical device, except the hard copy of memorial. In the support of speaker’s argument, the researcher can produce the documents if heasked to do so. If at any instance a submission is made with any material in violation to the above clauseand if any picture, sketches, photos, cartoons, caricatures, audio film, video film,projector-slide or a computer generated image is submitted or presented to court, theteams shall be disqualified from the competition forthwith. During the course of the Oral Submissions no speaker shall neither reveal his/heridentify nor the identity of their University / College by any means whatsoever. The decision of the judges as to the Marks allocated to any team shall be final. No team or any of its members or anyone connected with any team will be permitted toPage 13 of 23
sit or hear the arguments in any court room in which that team is not one of the contestingteams. For the violation of this rule strict action may be taken against the team, evenranging 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 anymatter related to the competition which is not contemplated in the rules, the decision ofthe Organizers shall be binding and final.15.CONTACT FOR QUERIES:In case any queries or clarifications regarding the competition, the teams may contact:Faculty In-chargeStudent CoordinatorsMr. Nitya Nand PandeyMobile – 8795879501Dr. Govind S. RajpalMobile - 9785022055Ms. Mukti JaiswalMobile - 7742593971Ms. Amita PariharMobile – 8003026369Ms. Deepriya SnehiMobile – 9610044660Mr. Girish BhatiaMobile – 9461585490Mr. Vardhman JainMobile - 7728032848Page 14 of 23
16.PROPOSITIONGauri and Raghvendra Singh Shekhawat got married on 1st January, 2013 andliving at village Isarda, District Tonk, Rajasthan, with their joint family. Theirfamily consist of her father-in-law Bheem Singh Shekhawat, her mother-in-lawYashodhara Devi, her brother-in-law Dev Singh Shekhawat, one unmarried sisterin-law Nidhi, and another married sister-in-law Anita w/o Suryadev SinghShekhawat living at the same village Isarda with her in-laws. After marriage on 1stJanuary, 2013 the couple was living a happy life but the things got changed afterthe death of Gauri’s father-in-law Bheem Singh Shekhawat due to a heart attack on1st October, 2013, as now Raghvendra has to take care of entire family and fulfilall the family responsibilities.On 20th February, 2015 Gauri’s father Charan Singh Rathore got a call fromRaghvendra at 10:10 pm that Gauri had committed a suicide at 07:00 am of todaymorning. Mr. Charan Singh Rathore lives at Jodhpur with his wife Leelawati Devi,his son Pratap Singh Rathore and his daughter-in-law Tara. Charan SinghRathore’s elder daughter Mamta is living at Jaipur with his husband Yuvraj Singh.After getting this news, when Charan Singh and his entire family reached atGauri’s home at next day morning (i.e. 21 st February 2015), they found thatRaghvendra and his family is ready to take Gauri’s body for funeral withoutinforming the police about her suicide. Leelawati, Mamta and Tara also saw thebruises on the face and hands of Gauri. Thus, Charan Singh Rathore immediatelycalled police to stop the funeral. On behalf of FIR lodged by deceased father,Police Officer send the body for post mortem.Charan Singh made the following statements to the police in his FIR1) Charan Singh Stated that at the time of marriage and before the death ofBheem Singh Shekhawat everything was too good. Both families haveorganized the wedding of Gauri and Raghvendra as per hindu rituals, and thegroom’s family did not demand any gift at the time of marriage or even afterthat. But the situation got changed after the death of Gauri’s father-in -law.Gauri never came Jodhpur after the death of Bheem Singh and even shenever sounds happy on the phone calls, but she never complained anythingPage 15 of 23
to anyone. Suddenly one day on 10th December, 2013 Gauri called toLeelawati and said that her mother-in-law asking her to bring 20 lakhs fromJodhpur for establishing the electronic products showroom for Dev Singh.They fulfil this demand by selling their ancestral property of Churu.2) Then on 10th January, 2014 they again demanded a motor-bike from themthrough Gauri, and this demand had also been fulfilled.3) On the 10th March 2014 Gauri came to Jodhpur for giving birth to a child atthe seventh month of her pregnancy, but their also she was not normal. Herin-laws never called her, only Raghvendra called her usually once in weekand after every such calls she got highly disturbed. And after asking so man
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
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initially created for the AST committee of API and later encouraged by the RBI committee of API. The initial scope was mainly tank floor thinning. The methodology was later extended to include a quantitative method for shell thinning, as well as susceptibility analysis (supplement analysis) for shell brittle fracture and cracking. Figure 2 shows a typical process plant hierarchy and the AST .
