IMPORTANT DATES RGNUL INTRA MOOT COURT COMPETITION FEBRUARY 2014
1. Last date for registration of teams: 4th January 2014 2. Allotment of sides and team codes: code s: 6th January 2014 3. Submission of soft copy of memorials: 8th February 2014, 5 pm 4. Submission of hard copies of memorials: 11th February 2014, 2 pm th
th
5. Intra Moot: 15 & 16 February 2014, 9.30 am
Moot Proposition Raj Singh popularly known as Tunu, was an ex MLA from Tejupur Constituency in State of Hayana. He was a MLA from Tejupur for 10 years since 2003. But during the elections of 2013 he was not victorious. Raj Singh resided in Tejupur but his wife Pinky and three children lived in Chandigarh during the time he was MLA because the husband and wife had frequent quarrels. His children studied in reputed schools in Chandigarh and wife was a house wife. Wife along with kids paid frequent visits to Tejupur from Chandigarh during 2003 to 2013 in holidays and weekends. While living in Chandigarh she came close to Harry, a close family friend of Pinky and Raj Singh. Her visits were reduced in 2013 as her children were in higher classes and going frequently to Tejupur made their study to suffer. Raj Singh also visited Chandigarh whenever he had meetings there when he was MLA. After the defeat in election of 2013, Raj Singh stopped coming to Chandigarh and visiting his family. Whenever he was requested by his wife to come he always had excuses that he has some meeting in Delhi or in Tejupur itself. The hometown of Raj Singh was Rohtak, his father Amir Singh and Brother Sukh Singh resided there. Raj Singh in spite of coming to Chandigarh to meet his family he visited Rohtak to meet his father and brother. This was objected by his wife and children that he should come to Chandigarh as well. th
On 20 June 2013 Teju Singh visited Chandigarh and in the night Pinky found him talking to someone on the phone. She thought he is talking to someone from the Tejupur who has some work in Chandigarh. But on hearing him properly she found that he was talking to some girl. When she confronted her husband he said it was some lady who was harassed by her husband who was seeking his help to file the case. After this incident Pinky started keeping an eye on the th
activities of her husband. On 15 July 2013 she received a phone call from her servant in Rohtak that Raj was in the city along with some girl. Pinky made a plan to go to Rohtak to confront her husband there and then. Pinky along with her sister and children went to Rohtak at night and found her husband in compromising position with a girl of about 20 years.
Wife was
disheartened to see this mere sight and she went into severe depression. Raj said he was not wrong in doing it because Pinky ignored him after his election defeat, she rarely came to meet him in Tejupur. So to overcome his loneliness he indulged in these activities. Raj also threatened his wife that he will kill her if she reports this incident to anyone. The wife gave an application to a local police station that she was under a threat from her husband and she and her three kids
needs police protection. The dispute further deepened between Raj and Pinky when she found out that the two children of Sukh are actually not his children but they are the illegitimate children of Raj and wife of Sukh, Navi. When this was asked from Navi by Pinky a shocking instance came to light, in which it was revealed by her that Sukh is a gay and he has no interest in woman. In order to have children she had taken help of Raj. Now after five months of dispute between them there is no contact between the husband and wife nor has he paid any money to Pinky and her children for meeting out their expenses and for education of the children. Raj Singh want a compromise with his wife and children but he is not willing to consent to what he did. He continued to say that there is no proof with Pinky that he was found in compromising position with some girl and children of Navi are his children. He kept on saying Pinky is trying to defame him for money. Even the family members of Raj persuaded Pinky to forget everything and make a compromise with him. When Pinky gave her terms and conditions to arrive on a compromise, Raj Refused blankly. Her terms were that Raj th
should undergo DNA test, he should prove that he was in Delhi on 15 July 2013 as alleged by him. th
On 10 December 2013 Raj saw Pinky and Harry going for movie late night at Northtend Mall Chandigarh, he was enraged at this site and a verbal fight ensued between the two. In the heat of the moment Harry took out his unlicensed pistol and fired at Raj. Fortunately nobody was hurt in the firing. Pinky wants divorce and Raj wants restitution of conjugal rights. rights. Argue on behalf of Pinky, Raj and Harry.
THE RGNUL INTRA MOOT COURT COMPETITION RULES, 2013-2014
CHAPTER I - PRELIMINARY 1. Short Title and Commencement: (1) These Rules may be called the RGNUL Intra Moot Court Competition Rules. (2) It shall come into force on the day as shall be notified by the RGNUL Moot Court Committee. 2. Definitions: Unless otherwise provided, the words used in the rules shall construed as hereinafter provided – a. “Administration” means the administration of the University and shall include decisions of the committee. b. “Committee” means the RGNUL Moot Court Committee. c. “Competition” means the Intra Moot Court Competition. d. “Draw of Lots” means the picking up of chits by the teams in order to determine the fixture of the competition. e. “Hard Copy” refers to the printed version of the written submission submitted to the committee. f.
“Moot Proposition” means the case or the fact sheet released by the committee for the purpose of the competition.
g. “National Moot Court Competition” means various moot court competitions national or international including national rounds of international moot court competition organized by various colleges, universities and institutions in and outside India wherein the University Universi ty shall be represented. h. “One member team” means a team which shall include only one person as member.
i.
“Oral Rounds” means the oral pleadings presented by the teams before the judges.
j.
“Researcher’s Test” means the written test for the researchers.
k. “Rules” mean the RGNUL Intra Moot Court Competition Rules, 2013. l.
“Soft Copy” refers to the electronic version of the written submission mailed to the committee on
[email protected] [email protected]..
m. “Team Code” means the unique code that shall be provided to the registered teams after the registration and shall be used by the teams for communication for all further communication. n. “University” means Rajiv Gandhi National University of Law, Punjab. o. “Written Submission” means the document prepared by the team in accordance with Rule 8.
CHAPTER II – II – E ELIGIBILITY AND TEAM COMPOSITION
3. Eligibility for Participation: Every Student of the University who is pursuing B.A. LL.B. (Hons.) and is not barred by any other administrative order to represent college at the National Moot Court Competition shall be eligible to participate in the Competition. EGISTRATION CHAPTER III – III – F FORMAT AND R EGISTRATION
4. Team Composition for the Competition: There shall be a one member team. The team so constituted can register itself both as speaker as well as researcher. 5. Registration of Team: The team shall register themselves either as speaker, researcher or both. a. The teams registering as speaker only shall be eligible only for oral rounds while the teams registering as researchers only shall be eligible only for researcher’s test. b. The teams registering for both speaker as well as researcher shall be eligible for both the oral rounds and researcher’s test. The teams shall register itself on
[email protected] [email protected] on on or before the date as notified by the committee.
CHAPTER IV – – W WRITTEN SUBMISSION 6. Written Submission: The written submissions shall be submitted by the teams of one side only allotted after the registration. The written submission shall be submitted in soft copy as well as hard copy. It is mandatory for all the teams, including the speakers and researchers and teams registered under both the category. 7. Parameters for the Written Submission: (1) Each team shall submit the written submission only containing pages as mentioned in the schedule I of the rules. The pages in the said schedule shall be inclusive of the footnotes. (2) Printing: The written submission shall be printed on both sides of A4 pages with proper page numbering. (3) Font Type: The text and footnote of written wr itten submission su bmission shall be either in Times New Roman Rom an or Garamond. (4) Font Size: The The font size of the text shall be in 12 points while that of footnotes shall be 10 points. (5) Line Spacing: The The line spacing shall be 1.5 for the text and 1 for the footnotes. (6) Footnote Style: The The Harvard Blue Book Style of footnote shall be followed strictly. (7)
Colour
of
Cover
Page:
The
written
submission
from
the
side
of
the
petitioner/appellant/complainant must have light blue paper as cover page. On the other hand, the written submission from the side of the respondent/defendant must have light red paper as cover page. (8) Team Code: The The written submission shall contain the team code on the right corner of the cover page and no other identification of the team shall be there other than the team code on the cover page. (9) Binding of Written Submission: Since the University encourages eco-friendly practices hence, it is recommended that the teams bind their written submission with thread or staple the pages and tape the same or use any eco-friendly method of binding.
The written writ ten submissions shall be b e marked on the parameters which are laid down under Schedule Schedu le II of the Rules and as determined by the committee. 8. Submission Soft Copy of Written Submission: The soft copies of the written submissions shall be sent in .doc or .docx or .pdf formats via email to the committee on or before the notified date on
[email protected].. All the contents of the soft copy of the written submission shall be
[email protected] mailed as a single file. The file shall be sent as an attachment and the file name shall be the team code allotted. 9. Submission of Hard Copy of Written Submission: The hard copies shall be submitted to the committee on or before the notified date. The hard copy shall be exact copy of the soft copy submitted. Every team shall submit two hard copies of the written submission.
OUNDS AND R ESEARCHER ESEARCHER ’S TEST CHAPTER V – O – ORAL R OUNDS
10. Orals Rounds: (1) The team shall be marked out of maximum of 100 marks. (2) Each team shall be allotted a maximum time of 15 minutes. (3) Extra time shall be at sole discretion of judges. The oral rounds shall s hall be marked in accordance accord ance with the marking criteria cr iteria as provided under u nder Schedule III of the Rules and as determined by the Committee from time to time. 11. Researcher’s Test: There shall be a researcher’s test for the teams registered as researchers only and as both speaker and researcher. Researcher’s test shall be of maximum marks of 100. The format of the test shall be subjective as well as objective. The duration of the test shall be 90 minutes.
CHAPTER VI – VI – P PENALTY 12. Penalty for late submission of written submission: If the team fails to submit the soft copy of the written submission; and hard copy of the written submission within the time as stipulated by the
committee, such team shall punishable with a deduction of two marks per hour in the memorial marks. 13. Penalty for exceeding the page limit: If the team exceeds the page limit of the written submission under Rule 7, such team shall be penalized with deduction of two marks per extra page in the written submission. 14. Difference between hard copy and soft copy of Written Submission: If there exists a difference between the soft and hard copy of the written submission, then written submission of the contravening team shall be awarded zero in the written submission. 15. Penalty for violation of any other Rule: Whichever team violates any other rule provided under Rule 7 shall be punished with deduction of 1 mark per such violation. Provided that no mark shall be deducted if total mark of the written submission is less than 50% of the maximum marks. 16. Scouting: No team shall be allowed to hear or see the Oral Rounds of any other team until the Oral Round of that team is not completed. 17. Punishment for Scouting: If any team is found indulged in scouting shall be disqualified from the Competition.
CHAPTER VII – VII – M MISCELLANEOUS 18. Determination of Ranks: The rank of the speaker shall be determined on the basis of the aggregate of the marks awarded in the oral rounds and written submission. The rank of the researcher shall be determined on the basis of the aggregate of the marks awarded in the researcher’s test and memorial marks. 19. Clarification: Any team having any doubt regarding the moot proposition or registration or any other rule shall mail the same to
[email protected] [email protected] on or before the date as shall be notified by the committee. In case of any discrepancy the decision of the committee shall be final and irrevocable.
SCHEDULE I
Headings of the Pages
Maximum Pages
Cover Page
1
Table of Contents
No Limit
List of Abbreviations
No Limit
Index of Authorities
No Limit
Statement of Jurisdiction
1
State of Facts
3
Issues Raised
1
Summary of Arguments
3
Body of Arguments
18
Prayer/Relief
1
SCHEDULE II
Marking Criteria
Maximum Marks Allotted
Evidence of Original Thought
10
Knowledge of Law and Facts
25
Proper and Articulate Analysis
20
Clarity and Organization
10
Grammar and Style
10
Correct format and Citation
10
Extent and Use of Research
15
TOTAL
100
SCHEDULE III
Marking Criteria
Maximum Allotted Marks
Knowledge of Law
20
Application of Law and Facts
20
Ingenuity and Ability to Answer Questions
20
Style, Poise, Courtesy and Demeanor
15
Organization and Flow of Arguments
15
Reference to Written Submission
10
TOTAL
100
SCHEDULE IV
REGISTRATION FORM
N AME: ___________________________ ______________________________________ ____________________________ ___________________ __ EAR OF S TUDY : __________________ Y EAR __________________ P PHONE NO.: ________________ .: ____________________ ____
EMAIL – I – ID: ___________________________ _________________________________________ ____________________ ______ C ATEGORY : (Tick as Applicable) SPEAKER
ESEARCHER R ESEARCHER
BOTH
SIGNATURE OF THE C ANDIDATE
THE RGNUL NATIONAL AND INTERNATIONAL MOOT COURT COMPETITION ALLOTMENT RULES, 2013-14
CHAPTER I - PRELIMINARY 20. Short Title and Commencement: (1) These Rules may be called the RGNUL Allotment Rules, 2013-14. (2) It shall come into force on the day as shall be notified by the RGNUL Moot Court Committee. 21. Extent and Applicability of the Rules: These rules shall be applicable to all the national and international moot court competitions unless expressly made non-applicable by the rules of the competition or by the decision of the committee. 22. Definitions: Unless otherwise provided, the words used in the rules shall construed as hereinafter provided – a. “Administration” means the administration of the University and shall also include the decisions of the committee. b. “Backing Out” means a condition wherein a team which has been allotted a moot expresses it unwillingness to represent the college or does not take part in the allotted moot with or without any reason for the same. c. “Committee” means the RGNUL Moot Court Committee. d. “Group” means the pool constituting which have expressed their willingness for an available moot either as speaker or researcher. e. “Hard Copy” refers to the printed version of the written submission submitted to the committee and shall be exactly same to the written submission submitted to the organizers of the moot. f.
“Intra” means the intra moot court competition which has been organized by the committee in accordance with the RGNUL Intra Moot Court Competition Rules, 2013-14.
g. “Moot Proposition” means the case or the fact sheet released by the organizers for the purpose of the competition. h. “Moot” means various moot court competitions, national or international, including national rounds of international moot court competition organized by various colleges, universities and institutions in and outside India wherein the University shall be represented. i.
“Notification” means a notice issued by the committee through appropriate mode of communication inviting application for available moot court competitions.
j.
“Oral Rounds” means the preparatory oral pleadings presented by the teams before the judges.
k. “Organizers” means the institute, college or university which shall be hosting or organizing the National or International Moot Court Competition. l.
“Rules” mean the RGNUL National and International Moot Court Allotment Rules, 2013-14.
m. “Soft Copy” refers to the electronic version of the written submission submitted to the organizers
of
the
moot
and
same
shall
be
mailed
to
the
committee
on
[email protected]..
[email protected] n. “Team Code” means the unique code that shall be provided to the registered teams after the registration and shall be used by the teams for all further communication. o. “Team” means a one member team as per Rule 2 (f) of the RGNUL Intra Moot Court Competition Rules, 2013. p. “University” means Rajiv Gandhi National University of Law, Punjab. q. “Written Submission” means the document prepared by the team in accordance with the rules of the moot that have been allotted to the team.
CHAPTER II – II – N NOTIFICATION OF THE MOOT 23. Notification of the Moot : (1) Every moot available for allotment shall be notified.
(2) The notification made shall be through proper mode of communication i.e. either through issue of notice on the notice board or through e-mails. (3) The notification shall be done on moot to moot basis unless in the case of multiple moots. 24. Notification When Done: The notification of a moot court competition shall be done under following circumstances namely – a. The University receives invitation to a particular moot court competition; b. When a moot court competition is notified on internet and moot proposition of the same is released; and c. When a team requests for notifying a moot court competition through an application. Provided that no moot shall be notified under clause 5 (c) unless it satisfies the criteria either under 5 (a) or under 5 (b) or under exceptional circumstances is allowed by the committee upon the reasons recorded in writing and communicated to all the teams thereon. 25. Contents of Notification: The notice of notification of available moot shall contain – a. Name of the moot; b. Name of the organizing university; c. Last date of sending application. 26. Limitation on the Notification of the Moot : No moot shall be notified whose date shall clash with the examinations, intra moot, project and viva-voce unless otherwise decided upon by the committee after recording the reasons for the same. PPLICATION FOR THE MOOT CHAPTER III – III – A A PPLICATION
27. Eligibility for Application: Subject to the conditions notified for a particular moot, all the teams that have qualified in the intra shall be eligible for applying for the notified moots.
28. Application for the Moot: All the teams interested and eligible for the moot shall send an e-mail on
[email protected] expressing their interest in the moot as well as providing details as
[email protected] required under Schedule I on or before the time as given in the notification. 29. Revocation of Application: Any team that has applied for a moot can revoke its application by sending an e-mail on
[email protected] [email protected] before before the expiry of time for application. 30. Non-Acceptance of Application: Any application for a moot after the expiry of the time for application shall not be entertained. LLOTMENT OF THE MOOT CHAPTER IV – – A A LLOTMENT
31. Allotment Procedure : (1) All the teams eligible in accordance with Rule 8 shall apply for the moot as per Rule 9. (2) Out of the applied teams, the teams with highest rank in the intra in speaker as well as researcher group shall be allotted the moot court competition. (3) In case of multiple moots, the allotment shall be done on rank cum preference basis. 32. One Moot per Intra: A team shall be eligible only for one moot from one intra. Once a moot is allotted to a particular team that shall not be construed to be part of the pool of teams eligible for applying for the moot.
CHAPTER V – F – FORMATION OF TEAM FOR MOOT 33. Formation of Teams: The top two applicants from the speakers pool and top one from the researcher pool shall form a single team that shall represent the university at the moot unless the rules of the moot specify a minimum number or committee on request of the aforesaid team constituted or on reasons recorded in writing allots additional member to the team. 34. Allotment of Additional Member : The additional member to the team shall be allotted by sending a request to the person next in rank in the respective category and upon his acceptance the same shall be allotted. If the said applicant refuses request shall made to the next applicant in line unless accepted.
35. Replacement of Member: The member of a team shall be replaced with another by issue of notice and inviting all the eligible teams to apply for the vacant spot in the team. In case no applications are received then the committee shall the follow the procedure laid down under Rule 15. For the replacement of member, the notification, application and allotment of vacancy shall be done in accordance with the Rules. LLOTTED MOOT AND R E- ALLOTMENT OF MOOT CHAPTER VI – VI – N NON – A A LLOTTED
36. Non-Allotted Moot: The moot for which no application is received shall be construed as nonallotted moot. Such moot shall be re-notified and applications be invited. If no applications are received the committee shall follow any other procedure as it may deem fit for allotment after recording the reasons for same. 37. Re-Allotment of Moot: If a team which has been allotted moot backs out then, the moot shall be re-allotted by re-notifying and inviting applications. The moot thereupon shall be allotted to the new team which satisfies the procedure under Rule 12. PPLICANTS AND A LLOTEES LLOTEES CHAPTER VII– D VII– DUTIES OF A PPLICANTS
38. Duties of Applicant: It shall be the duty of every applicant applying for a moot that – (1) It has provided all the requisite details in the application as required by schedule I; (2) It has enquired about the moot and its schedule; (3) It has furnished true and complete information about itself; and (4) Any other duty as shall be stipulated by the committee from time to time. 39. Duties of Allotted Team: It shall be the duty of the team allotted the moot that – (1) It registers itself for the moot; (2) It complies with all the rules and regulations of the moot; (3) All the assistance needed from the committee, an application shall be made in writing;
(4) Not to back out of the moot; (5) Ensure that the soft copies of the written submission are prepared four days before the last date of the competition and the same are mailed to the committee on
[email protected] [email protected].. (6) ensure that the hard copy of the written submission shall be submitted to the committee on the subsequent day; (7) Four oral rounds shall be appeared by the team before leaving for the moot. (8) The oral rounds shall be arranged day after the submission of soft copy of memorial to the mppt committee; and (9) Any other duty as provided for from time to time by the committee or the organizers of the moot. Provided that any relaxation with regard to Rule 20 (7) shall be provided only if no sufficient time is available between date of moot and submission of memorials or any other reason as may be deemed fit by the committee.
CHAPTER VIII – VIII – P PENALTIES 40. Penalty for Backing out: If a team backs out of the moot, such team shall be punished with a ban from all mooting activities for the period of not less than two semesters and compulsory volunteering in mooting activities. However, if a moot goes unrepresented due to the backing out then such team shall be banned from participating in the moot court activities for the duration of one year which may extend to entire duration of his/her course. 41. Penalty for Wrongful Application: Whosoever intentionally submits incomplete application appli cation form or does not furnish true and correct information, then such application shall not be taken into consideration while the allotment is done.
42. Penalty for Non-submission of Written Submission: The team which shall not submit the soft as well as hard copies of the written submission shall not be allowed to represent the University at the moot. 43. Penalty for No Oral Rounds: The team which shall not appear for the t he stipulated oral rounds shall not be allowed to represent the University at the allotted moot and shall be treated as backed out unless a reason is provided. 44. Penalty when Team Represent at Moot without Submission of Written Submissions and moo t without submitting the th e written Oral Pleadings: Whichever team represents the University at moot submission or oral sessions or both shall punished with a ban of one and half year and which may extend to entire duration of his/her course and compulsory volunteering at mooting activities.
CHAPTER IX – IX – M MISCELLANEOUS 45. Post Allotment Requirement: The team that shall be allotted a moot shall be vested with all the authority and responsibility for the moot including the registration, preparation of written submissions etc. In case a team requires assistance of the committee, it shall be intimated in writing. 46. Relaxation of Rules: No relaxation on applicability of the rules shall be provided to any team under any circumstances except under grave and exceptional circumstances and after recording of reasons. However, no relaxation can be provided even under exceptional instances on Rules under Chapter II, Chapter III, Chapter IV, Chapter V and Chapter VIII and Rule 20. 47. Inherent Power of the Committee: The committee shall have the right to notify and remove any moot after recording the reasons for the same. Decision of the committee pertaining to any issue regarding the conduct of intra moot, judging and application of the rules shall be final.
SCHEDULE I The teams applying for a notified moot while applying shall furnish following details –
NAME:
_________________________ ______________________________________ _________________________ _________________________ _________________________ ____________
TEAM CODE: _______________ _______________
RANK IN THE INTRA: _________________ _________________
PPLICABLE) GROUP: (TICK AS A PPLICABLE
SPEAKER
ESEARCHER R ESEARCHER
All the information furnished furn ished herewith is true tru e to my knowledge. Any discrepancy found shall make me liable for punishment in accordance with the rules.
SIGNATURE OF APPLICANT
