KIIT Moot Problem

The 4th KIIT University National

Moot Court Competition, 2016 PROBLEM DRAFTED ROBLEM DRAFTED BY BY J. SAGAR ASSOCIATES

Organized by Organized by : School of School of Law KIIT UNIVERSITY KIIT UNIVERSITY Competition Information Information & Invitation Brochure

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THE 4 TH KIIT KIIT UNIVERSITY UNIVERSITY NATIONAL MOOT NATIONAL MOOT COURT COURT COMPETITION, 2016

DIRECTOR'S DIRECT OR'S MESSAGE DearStudents, Greetings Greet ings from Scho School ol of La Law w, KII KIIT T Uni Univer versity sity,, Bhu Bhubane baneswar swar.. It gives us immense ple leaasure to announce the 4th ed edit itio ion n of The KI KIIIT Uni nive vers rsit ity y National Nation al Moot Court Compe Competiti tition, on, hosted and organized by the School of Law Law,, KIITUniversity. As one of the upcomi ng law schools in India, we have constantl y undertaken measures to provide holistic and meaningful legal education to bri ght young talent from across the country. In course of such endeavors, we have observed that strong advocac y skills, abilit y to think logica callly and ratio ion nally ly,, comb mbiined with ac acu ume men n for draf afti tin ng, are so some me key ch chaarac actter eriistic icss that ar aree ve very ry nece ne cess ssary ary fo forr a la lawy wyer er in th thee pr pres esen entt sce scena nario rio.. Kee eepi ping ng in min ind d th thes esee re requ quir irem emen ents ts,, we hav avee tr trie ied d to nu nurt rtur uree th thes esee at attr trib ibut utes es in our bud udd din ing g ta tale len nt po pool ol of students and likewis e, we have always encouraged students to participate activel y in national and inte in tern rnat atio iona nall co co-c -cur urri ricu cula larr an and d ex extr traa-cu curr rric icul ular ar ev even ents ts li like ke mo moot ot co cour urtt co comp mpet etit itio ions ns,, wh wher erei ein n we be beli liev evee they th ey ca can n co corr rrec ectl tly y as asse sess ss,, eva valu luat atee an and d nu nurt rtu ure th thei eirr pote tent ntia iall to be best st se serv rvee th thee in inte tere rest stss of th thee pr pro ofe fess ssio ion n and an d th thee fr frate atern rnit ity y in th thee ti time mess to co come me.. In 2011, the School of Law was proud to be the host of the 52nd Phillip C. Jessup Int ernational Moot Cou Co urt Co Comp mpet etit itio ion n (No Nort rth h Indi diaa Ro Rou und nds) s) an and d al also so th thee 1st Ba Barr Co Coun unci cill of Ind ndia ia Int nter erna nati tion onal al Mo Moot ot Co Cou urt Competi titi tio on. In 2013, we under erto too ok the initi tiaati tiv ve to host our own nati tio ona nall mo moo ot court com omp pet etiitio ion n, th thee KIIT Unive verrsi sity ty Nati tio onal Mo Moot ot Court Competi titi tio on, and buoy oyed ed by this success, we conti tin nue ued d wit ith h th thee sec eco ond edit itio ion n of th thee ev eveent in 2014, wher ereein Nis ish hith Desai Asso soci ciaate tess, one of th thee cou oun ntr try y's le lead adiing la law w firms, was ki kin nd to dra rafft th thee proble lem ms for the even ent. t. In th thee th thiird edit itio ion n of the event in 2015, wher ereein in,, Jy Jyo oti Sagar Associates, Mumbai, an exceedingl y reputed law firm of the count ry was kind to draft to the problem for that edition edition.. Encour Enco urag aged ed by th thee ov over erwh whel elmi ming ng re resp spon onse se of th thee pa past st co comp mpet etit itio ions ns,, we ar aree pr prou oud d to de decl clar aree th that at we wi will ll be hosting t he 4th KIIT Universit y Nat ional Moot Court Competition, 2016, in continuation of the over ov erwh whel elmi ming ng re resp spon onse se re rece ceiv ived ed in te term rmss of pa part rtic icip ipat atio ion n du duri ring ng th thee 3rd Edit itio ion n, fr fro om the 16t 6th h to 18th of September, 2016, to be hosted and organized at the KIIT University campus. J Sagar Associates, an exce ex ceed edin ingl gly y re rep put uted ed la law w fir irm m of th thee country ry,, ha hass dr draaft fted ed th thee pro robl blem em for th this is com ompe peti titi tio on, an and d we ex expe pect ct this th is to be a gr grea eatt le lear arni ning ng op oppo portu rtuni nity ty fo forr th thee up upco comi ming ng le lega gall tal talen entt of th thee na nati tion on.. We her ereeby exten end d a war arm m and cordia iall invita tati tio on to particip ipaate in this event, an and d we lo loo ok forwa ward rd to you our r enthusiastic enthu siastic partic participatio ipation. n. Wishi Wi shing ng yo you u the ver very y bes bestt

Prof. (Dr (Dr.) .) N.K. Chakrabarti Director, School of Law Law,, KIIT Univers University ity THE 4 TH KIIT KIIT UNIVERSITY UNIVERSITY NATIONAL MOOT NATIONAL MOOT COURT COURT COMPETITION, 2016

INDEX About the 1st KIIT University National Moot Court Competition, 2013

1

About the 2 nd KIIT University National Moot Court Competition,

2014

2

About the 3rd KIIT University National Moot Court Competition,

2015

3

Official Rules

4

Memorial Submission Rules

5

Oral Rounds

6

Time Line for the Competition

7

Moot Problem

8 – 9 9

Organizing Committee

10

About KISS

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KIIT UNIVERSITY UNIVERSITY NATIONAL MOOT NATIONAL MOOT COURT COURT COMPETITION, 2016 THE 4 TH KIIT

ABOUT1st KIIT KIITUNIVE UNIVERSITYN RSITYNA ATIONA TIONALMOOT LMOOT COU COUR RT COMPE COMPETITION, TITION,2013 2013 The 1s The 1stt KI KIIT IT Un Univ iver ersi sity ty Na Nati tion onal al Mo Moot ot Co Cour urtt Co Comp mpet etit itio ion, n, 20 2013 13,, wa wass ou ourr fi firs rstt in init itia iati tive ve at or orga gani nizi zing ng a nat atiion onal al leve vell mo moot ot co cou urt com omp pet etiitio ion n an and d it tur urn ned ou outt to be ve very ry suc uccces essf sfu ul an and d en enco cou ura rag gin ing g, for which wh ich we tha thank nk the tw twent enty y fou fourr par partic ticipa ipatin ting g tea teams ms fo forr the their ir ent enthu husia siasm sm and par partic ticipa ipatio tion. n. The co The comp mpet etit itio ion' n'ss ob obje ject ctiv ivee wa wass to nu nurt rtur uree ac acad adem emic ic ex exce cell llen ence ce am amon ongs gstt th thee st stud uden ents ts,, an and d it wa wass to our pl pleas easur uree and ho honou nourr to hav havee a sev sevenen-pan panel el be bench nch fo forr ju judg dging ing th thee fi final nal rou round nd of the com compet petiti ition. on. Thee compet Th etiitio ion n was weav aved ed ar arou oun nd two moot prob obllem emss, one for the pre rellim imin inar ary y an and d quar arte terf rfiinal roun ro unds ds an and d an anot othe herr pr prob oble lem m fo forr th thee se semi mi-f -fin inal al an and d fi fina nall ro roun unds ds,, an and d th thee ac acti tive ve pa part rtic icip ipat atio ion n of th thee

tea eams ms we were re of gre reat at mot otiivat atiion to us in ou ourr dec ecis isiion to organ aniize th thiis moot co comp mpet etit itiion in a sli lig ghtly differentformat. The fi The fina nall ro roun und d of th thee ev even entt wi witn tnes esse sed d a st stif ifff com compe peti titi tion on be betw twee een n Na Nati tion onal al Law In Inst stit itut utee Un Univ iver ersi sity ty,, Bhopal al,, and Christ University, Bengal alu uru, and the succes esss of the even entt en enccouraged us to host and orga or gani nize ze th thee ne next xt ed edit itio ion n of th thee mo moot ot in 20 2014 14..


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ABOUT THE 2nd KIIT UNIVERSITY NATIONAL MOOT COURT COMPETITION, 2014 The 2n The 2nd d ed edit itio ion n of th thee com compe peti titi tion on up uphe held ld th thee es esse sent ntia ials ls of th thee fi firs rstt mo moot ot wh whic ich h we were re ch chal alle leng ngin ing g mo moot otin ing, g, erudite judging, high stake prizes and great hospitality and at the same time, there were significant impr im prov ovem emen ents ts ba base sed d on ou ourr le lear arni ning ng ex expe peri rien ence ce fr from om th thee pa past st ed edit itio ion. n. One of In Indi dia' a'ss be best st kno know w la law w fi firm rms, s, Nishith Desai DesaiAssociates, Associates, drafted the problems for the competition, while SCC Online and Lawctopus also

partnered with us in different capacitie capacitiess like the earlier edition, the competition had two problems – – on onee fo for r the preliminary and quarter final rounds, and another problem for the semi-final and final rounds. Partici cip pation by team amss from across the country had increased substantially for this event and by th thee conc co nclu lusi sion on of th thee mo moot ot,, KI KIIT IT Un Univ iver ersi sity ty Na Nati tion onal al Mo Moot ot Co Cour urtt Co Comp mpet etit itio ion n ha had d ma made de a na name me fo forr it itse self lf an and d had bec becom omee a mu muchch-aw await aited ed mo moot otin ing g ev event ent.. Before Befo re a pa pane nell of em emin inen entt ju judg dges es li like ke Ju Just stic icee Al Alta tama mass Ka Kabi birr, Fo Form rmer er Ch Chie ieff Ju Just stic icee of In Indi dia, a, Ju Just stic icee Pi Pinak nakii Chan Ch andr draa Gh Ghos ose, e, Ju Judg dge, e, Su Supr prem emee Co Cour urtt of In Indi diaa an and d ot othe herr Ju Just stic ices es of th thee Or Oris issa sa an and d Cal alcu cutt ttaa Hi High gh Co Cour urt, t, thee gr th gran and d fi fina nale le wi witn tness essed ed so some me in inte tens nsee ad advo vocac cacy y by Hi Hida daya yatu tull llah ah Na Nati tion onal al Law Un Univ iver ersi sity ty,, Ra Raip ipur ur an and d Rajiv Gan and dhi National Univers rsiity of Law, Patiala, pleading on beh ehaalf of petitioner and respondent resspec re ecttiv ivel ely y an and d the suc uccces esss of tha hatt ev eveent en enccou oura rag ged us to co cond ndu uct the 3rd Edition.


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ABOUT3rd KIIT KIITUNIVE UNIVERSITYN RSITYNA ATIONALMOOT TIONALMOOTCOU COUR RT COMPE COMPETITION TITION,, 2015 The 3rd National Moot Court Competition was privy to an unprecedented 46 teams from across India who came here to battle it out and earn the coveted ted winners’ place winners’ place turned down all criticisms and the young oung,, dyna dynami micc and and dedi dedica cate ted d Org Organis anisin ing g Comm Commit itte teee was was full full of prai praise sess fro from ever every yone. ne. The The even eventt too took place lace in betw betwee een n 18th Sept Septem embe berr - 20th Sept Septem embe berr, 2015 2015.. Mr. Mr. Zeri Zerick ck Dast Dastur ur,, part partne nerr at JSA, JSA, gave gave the the them themat atic ic addr addres esss by stre stress ssin ing g upon upon the the impo import rtan ance ce of moot mootin ing g skil skills ls for for law law stud studen ents ts..

The The Prel Prelim imin inar ary y Roun Rounds ds witn witnes esse sed d an impe impecc ccab able le rese resear arch ch tech techni niqu que, e, exce excell llen entt spea speaki king ng skil skills ls and and an overa verall ll pro prowess ess of cour courtt roo room etiq etique uett tte. e. The The rou rounds nds were were judg judged ed by many any emin eminen entt pers person onal alit itie iess of the the lega egal fie field. The knock-out out rou rounds witne tnesse ssed the the advocacy acy ski skills lls of the budding lawy lawyer erss with utmo tmost perfection which also involved the best adjudicating panels involving of sitting HC and Lawyer Court Judg Judges es,, Seni Senior or Advo Advoca cate tes, s, Lega Legall Coun Counse sels ls and and Acad Academ emic icia ians ns.. The The team teamss were were asse assert rtiv ivee yet conc concre rete te in thei theirr app approac roach h with with thei theirr pers persua uasi sive ve cont conten enti tio ons and and conv convin inci cing ng arg argumen ments and and at the the end end of the the Semi Semis, s, the the two two best best team teamss name namely ly-- CMR CMR Law Coll Colleg ege, e, Banga angalo lore re and and Camp Campus us Law Cent Centre re,, Delh Delhii Univ Univer ersi sity ty enter entered ed the the finals finals.. The Fina inal was was chai haired red by ex-C x-CJI J. Alta ltamas mas Kabir, ir, alon along g with a pane panell consi onsissting ting of J. Ruma Pal, Pal, form ormer Jud Judge, SC; J. Indira ira Bane anerjee jee, Jud Judge, Calcu lcutta tta HC; Mr. U.K. Chowdhary, ry, Sr. Advocate, te, SC and Mr. Soma Somaas asek ekha harr Sund Sundar ares esan an,, Seni Senior or Partn Partner er at J Saga Sagarr Asso Associa ciates tes..


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OFFICIAL RULES FOR THE COMPETITION 1. COMPETITION FORMA FORMAT T 1 .1 The Com Competit tition ion is stru tructure tured d the followingformat: a) PreliminaryRounds b) QuarterFinals c) Semi finals GrandFinale d)

2. ELIGIBLITY Stud Studen ents ts of thre threee year ear and and five five year ear law law degr degree ee cour course sess from any University / Law School / College / Depa Departm rtmen entt are elig eligibl iblee to apply apply for for regist registra ratio tion n of their their team. However, a maximum of One team shall be allo llowed wed to partic ticipate pate from rom any one one Unive niverrsity ity / Law Schoo Schooll / Colleg Collegee / Departm Department ent.. 3. TEAMCOMPOSITI TEAMCOMPOSITION ON 1.Each team shall consist only of three members, compris comprising ing of two speake speakers rs and one resea researc rcher her.. 2. Any alteration of the names of the team members shal shalll be info inform rmed ed in writ writin ing g to that that effe effect ct,, addr addres esse sed d to the Direc rector, School of Law, KIIT IIT University ity, by the the Vice Chancellor / Dean / Director / Head of the Departm artmeent of the Univer iversi sity ty / School / Departm rtment / Coll Colleg egee of Law, aw, of the the team team requ reques esti ting ng such such alte altera rati tion on.. However any such uch alte alterratio tion sha shall be perm permit itte ted d only once. 3.3 3.3 Once Once the the Comp Compet etiti ition on comm commen ence ces, s, the the team team comp compos ositi ition on cann cannot ot be altere altered d unde underr any circu circums mstan tances ces what whatso soev ever er.. Inab Inabili ility ty of any team team memb member er to partic particip ipate ate in acco accord rdan ance ce with ith the the rule ruless of this this Comp Compet etit itio ion n shal shalll lead lead to imme immedi diat atee disq disqua uali lifi fica cati tion on of the the team team from from the the Competition. PARTICIPA ATION AND REGISTRATION REGIS TRATION 4. PARTICIP PROCEDURE 4.1 The teams interested interested to participate participate are required required to confirm their participation by sending an email attachin attaching g the scanned scanned copy copy of Annexu Annexure-A( re-A(Regi Registrat stration ion form), duly filled, to [email protected] th by the 5 of Augus ugust, t, 2016 2016.. Plea Please se note note that that such such emai emaill has to be sent only through the University / School / Colleg llegee / Depar partmen ment offici icial emai mail add address ress.. Emails sent through per personal / non-official ial email addre dresses and emails sent to any other address other than , i ll be i gnor e d . Annexure A is available at is w website: k ls.ac.in ls.ac.in and also also attac attached hed herew herewith ith this brochure. 4.2 The te t eams sh s hall th t hen se s end (a) (a) the the prin printedcop tedcopy y ofAnnex ofAnnexur ureA eA and (b) a non-refundable partic ticipation ion fee of Rs. 3000/(Rup (Rupee eess Thre Threee Thou Thousa sand nd only only)) in the the form form of a Dema Demand nd

Draft drawn drawn in favour of KII KIIT T, and payable payable at as per Bhuban Bhubaneswa eswar(cl r(clearl early y stating stating the name name of the institu institution tion at the the reve reverse rse side side of the the dema demand nd draf draft) t),, addr addres essedto: sedto: Mrs. Pratiti Nayak FacultyConvenor 4th 4th KIIT KIIT Univ Univers ersityNati ityNation onal al Moot Moot Court Competition, Competition, 2016 School School of Law Law, KIIT KIIT Univer University sity,, Patia Bhubanesw Bhubaneswar,Odisha. ar,Odisha. PIN – PIN – 751024 751024 such such to be rece receiv ived ed bythe 10th 10th of Augu August st,2 ,201 016. 6. 4.3 On receipt of the the prin rinted copy of Annexur xure-A and the the Dema Demand nd Draft Draft,, the team team shall shall be form formall ally y regis register tered ed as a par partici icipant for the the eve event, and a tea team code code shall be gene genera rate ted d and and a conf confir irma mato tory ry emai email, l, toge togeth ther er with with the the team code, shall be sent to such team on the 13th of August August,, 2016. 2016. Therea Thereafter fter,, for all further further corresp correspond ondence ence with with the the orga organi nize zers rs of the the Comp Compet etit itio ion n and and othe otherw rwis ise, e, all the registered teams shall identify and refer themsel themselves ves using using the allotted allottedteam teamcod codee only only.. 4.4 The team eams shall also lso send end a soft soft copy of Annexure – B (Travel details), duly filled, to [email protected] [email protected] by the 5th of Septe eptem mber ber, 2016. 016. Annexure – Annexure – B B is avai availa labl blee at website: ebsite: kls.ac.in and is also attached ttached herewith herewith this Brochure. Brochure. 5. MEMORIA MEMORIALS LS 1.All memorials submitted for all purposes of the Comp Compet etit itio ion n shal shalll stri strict ctly ly adhe adhere re to the the rule ruless as stat stated ed below. below. 2. Teams have have to prep prepar aree memo memori rial alss for for both both the the side sides, s, i.e.,Petitio i.e., Petitioners ners andRespon and Respondents dents.. 5.3 The reg registe stered red tea teams sha shall sub submit the pdf copy of t h e i r m e m o r i a l f o r b o t h s i d e s by e m a i l t o [email protected] by 23:59 hours of the 5th of Septe eptemb mber er,, 2016 2016 and and shal shalll send send twel twelve ve prin printe ted d copi copies es th (for each side) of such memorials by the 8 of Septem September ber,, 2016 2016 , addres addressed sed to: Mrs. Mrs. Prati Pratiti ti Naya Nayak k FacultyConvenor 4thKIIT Univer University sity Nation National al Moot Moot Court Court Competition,2016 School School of Law Law, KIIT KIIT Univer University sity,, Patia Bhubaneswa Bhubaneswar,Odisha. r,Odisha. PIN – PIN – 751024 751024

5.4 When sending the memorials by email in pdf form format at,, plea please se name name the the file file pert pertai aini ning ng to the the memo memori rial al for for the the resp respo onden ndentt as R acco accomp mpan anie ied d by the the team team code code and and the the file file pert pertai aini ning ng to the the memo memori rial al for for the the peti petiti tion oner er as P acco accomp mpan anie ied d by the the team team code code.. For exam examp ple, le, for for a team assigned a code of 100, the pdf file for the resp respon onde dent nt shou should ld be name name as 'R10 'R100' 0' and and the the pdf pdf file file for for the petitio petitioner ner should shouldbe be named named as 'P100' 'P100'..


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5.The cover page of the memorials sen sent, for both the 100 marks. The memorials shall be evaluated on the soft soft and and prin printe ted d copi copies es,, shal shalll clea clearl rly y ment mentio ion n the the word ord followingcriteria: :30Marks “P” for for memo memori rial alss on beh behalf alf of the the Petit etitio ion ner, er, and and the the Knowledge of Law and Facts :30Marks word “R” for for mem memoria orials ls on beh behalf alf of the the Resp Respo onden ndent, t, ProperandArticulateAnalysis :20Marks foll follo owed wed by the the team team code code for for both both the the inst instan ance ces, s, such such Extent and Use of Research :10 :10 Mark Markss being clearly inscribed on the top right hand corner of Clarity and Organization the the cove coverr page page of the the memo memori rial al for for the the Peti Petiti tio oners ners and and GrammarandStyle :10Marks Resp Respon onde dent nts. s. For For exam exampl ple, e, if a team team had had been been assi assig gned ned a code of 100, the memorials sent by such team shall 6. PRELIMINARYROUND determine ine the order order of partic participa ipatio tion n in the have “P100 “P100”” and “R 100” 100” clearl clearly y marke marked d on the top top right right 6.1 To determ hand corner of the cover page of the respective preliminary rounds of the event, all the registered and memo memoria rials. ls. The The teams teams shou should ld not not discl disclos osee the the iden identit tity y of present teams shall participate in a draw of lots to be conduc ucte ted d for for that that purp purpos ose. e. Such Such draw draw of lots lots shal shalll take take their their institu institutio tion n anywhe anywhere re on the memorial memorial.. Violati iolation on of cond place on the 16th of September, 2016, immediately after this this rule rule will will result result in immedi immediate ate disqual disqualific ificatio ation n 6. The memorials have to be submitted on A4 size the the inaug inaugur ural al func functio tion. n. The The exch exchan ange ge of memori memorials als and and orienta ntatio tion n of the teams teams shal shalll be cond conduc ucted ted immed immediat iately ely paper and must contain the following sections in the orie afterthedrawoflots. orderasstatedbelow6.2 6.2 For For the the preli prelimin minary ary roun rounds ds,, eve every ry tea team m shall shall · Cover Page; argue argue twic twice: e: once once for for petit petition ioner er and once once for respo responde ndent nt · Table able of Contents; ( Prelims Prelims-I -I andPre and Prelims lims-I -III round round). ). · Index of Authorities; 6.3 No two teams shall face each other more than · Statement of Jurisdiction; once once in thepre the prelimi liminaryround naryrounds. s. · Statement of Facts; 6.4 6.4 In deter determi mini ning ng the the score scoress in in the the prel prelim imin inary ary · Statement of Issues; rounds rounds,, memori memorial al scores scores will will be added added to the oral oral scores scores.. · Summary of Arguments; · ArgumentsAdvanced;and ArgumentsAdvanced; and 7. QUARTER-FINALS,SEMI-FINALS AND Prayer. · Non -compliance with above criteria shall result in FINALS 7.1 7.1 The The top top eight eight teams teams of the the prel prelim imin inary ary roun rounds ds penalty of two marks per missing section. shall qualify qualifyfor forthe the Quarte Quarter-f r-fina inall rounds rounds.. 5.7 The memorials must be printed in Times New shall 7.2 From From the the Quar Quarte terr fina finall roun rounds ds,, winn inning ing team teamss from from Roma Roman n fon font with ith 12 font font size size and and with ith 1.5 line line spac spacin ing g. 7.2 each roun round d shal shalll proc procee eed d to the the subs subseq eque uent nt stag stages es of the the The The foot footno note tess must ust be in Times imes New New Roma Roman n font font with with each Compet etit itio ion n on a knock nock-o -out ut basi basis, s, with with the the memo memori rial al 10 fon font size ize and with ith 1.0 line ine spacin acing g. The memo emoria rials Comp scores of the teams teams taken taken into into cons consid idera eratio tion n at all stage stages, s, shou should ld have have a mar margin meas measur urin ing g one one inch inch on all all side sidess of scores each page. To conserve paper, tea teams may print their aspertheformulastatedbelow(I) Quar Quarte terr Final inalss = Prel Prelim imin inar ary y Rou Round Oral Oral Sco Scores res + memorials on both sides of the A4 sheet and submit (I) MemorialScores accordingly. (ii)Se Semi mi-F -Fin inal alss = Quart uarter er Final inal Roun Round d Oral ral Scor Scores es + 5.8 5.8 The The 'Arg 'Argum umen ents ts Adva Advanc nced ed'' sect sectio ion n shou should ld not not (ii) MemorialScores exceed15 exceed 15page pages. s. (iii)Fin inals als = Semi Semi-F -Fin inal al Roun Round d Oral Oral Scor Scores es + Memo Memori rial al 5.9 The memorials as a whole should not exceed 30 (iii)F Scores pages including the cover page. eams in any of the rounds, 10.T 10.The he numb number erin ing g shou should ld be on the the bott bottom om-c -cen entr tree of In case of a tie between two team memorial ial scores will be taken into consideration to eachpage. 11.T 11.The he cove coverr page page of the the peti petiti tion oner er's 's memo memori rial al shal shalll be break the tie. In case the tie still subsists, the oral score of the best best spea speaker ker of each each team team will will be cons consid idere ered d to break break printed on Blue colour A4 size paper, paper, and the cover page the tie continues, the oral score of the other of the the res respondent's t's memo emorial ial shall all be print inted on Red the tie. If the tie speak speaker er of the the team team will will be cons consid idere ered d to break break the the tie. tie. In colourA4 colourA4 size paper paper.. case of furthe ther subsist sisteence of the tie tie, the result will will be 12. The tea teams hav have to use use the the cita citati tion on meth metho od as stat stated ed case decided ed bydrawof lots. lots. in the 19th 19th editio edition n of theHa the Harva rvard rd Blue Blue Book, Book, forcit for citat ation ion decid throughoutthememorial. 8. RESULTS 5.13 There shall be no speaking footnotes in the 8.1 The res results lts shall be announced sho shortl rtly after ter each memorial. 5.14 The maximum maximum scores for the the memorials shall be round.


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8.2 The results of the fina inal round shall be announced 4. Best Student Advocate/Counsel -The Bes t at the the vale valedi dict ctor ory y and and awar award d cere ceremo mony ny,, to be held held on the the Stud Studen entt Advo Advoca cate te/C /Co ounse unselw lwil illl rece receiv ivee a tro trophy phy and and th 18 September,2016. cashpriz cash prizee of Rs.10,0 Rs. 10,000/00/-(Rup (RupeesT eesTenThousa enThousand nd Only). Only). 5. Best Memorial Memorial -The team submitting submitting the best Memorial will receive a trophy and a cash prize of Rs. 9. ORALROUNDS 000/- (Rupees es TenThousand enThousand Only). Only). 9.1 Each team eam will get a total of 60 minutesdur esduring the 10, 000/-(Rupe Online and Eastern Eastern Book Book Comp Company any,, as the preliminary rounds (30 minutes for Prelims I & 30 6. SCC Online exclusive ve knowle knowledg dgee partne partners rs for the Compet Competitio ition, n, have have minutes for Prelims II) to present their case. For the exclusi Quar Quarter ter final final roun rounds, ds, each each team team will will be permi permitte tted d a total total declared the following awards amounting to more than time time of 45 minu minute tes, s, while hile for for the the Semi Semi-f -fin inal al and and Final inal Rupees Two Two Lacs in equivalent e quivalent value, in the form ofof rounds, each tea team will be permit rmitte ted d a total tal time time of 60 SCC Online Online Web Edition Edition-- Special Special Studen Studentt Access Access Card minutes. The time stated above includes the time for for each each of the the indi indivi vidu dual al membe members rs of the the winn winnin ing g team; team; requir required ed forreb for rebutt uttal al andsur and sur-re -rebut buttal. tal. SCC Online Online Web Edition Edition-- Special Special Studen Studentt Access Access Card 9.2 9.2 Any Any tea team m exce exceed edin ing g the the tim timee lim limit it sta state ted d abov abovee for each of the individual members of the first runners upteam; shall be penalised with a deduction of one mark for SCC Online Online Web Edition Edition-- Special Special Studen Studentt Access Access Card every twominute two minutess exceeded. exceeded. 9.3 The division of time per speaker is left to the for the Best Mooter (male), Best Mooter(female) and theBestMemorial. discretion of the team subject to a minimum of 10 minutesperspeaker. 9.4 9.4 The The oral oral argu argume ment ntss should should be conf confin ined ed to the the 12. ANONYMITY The The stud studen entt coun counse sels ls shal shalll not not stat statee thei theirr name namess duri during ng issues issues presen presented ted in themem the memoria orial. l. the oral oral roun rounds ds and and must must use use the the assi assign gned ed team team code code for for 9.5 The researcher shal shalll be pres resent with the speakers the all corres respondence nce. All team team members must refr refraain duringtheoralrounds. from discl isclos osin ing g the the iden identi tity ty of thei theirr inst instit itut utio ion ns at any any 9.6 Passi assin ng of note notess tothe tothe spea speake kerr bythe bythe rese resear arccher her is from time time and and in any any mann manner er duri during ng the the enti entire re Comp Compet etit itio ion. n. allowed. 9.7 Maxi aximum scor cores for the the oral rou rounds shall be 100 Non -compliance with this Rule will result in immediate disqualificat disqualification ion of the team. points per speaker, speaker, and which shall be judged on the followingcriteria: :20Points 13. FINALITY OF DECISIONS Knowledge of Law :20Points Application of Law to Facts The The deci decisi sion on of the the judg judges es with with rega regard rd to the the outc outcom omee of :20Points Ingenuity Ingenuity andAbility andAbility toAnswer toAnswer the rounds shall be final. For all purposes and in any :20Points Style, Style, Poise, Poise, Courtesyand Courtesyand Demean Demeanour our disp disput ute, e, the the deci decisi sion on of the the Chai Chairm rman an of the the Orga Organi nizi zing ng :10Points TimeManagement Committ Committee of the Compet Competitio ition n shall shall be final final andbin and bindin ding. g. Organization :10Points 14. ACCOMMODATION, FOOD AND 10. SCOUTING TRANSPORT 10.1 10.1 For For the the prel prelim imin inary ary roun rounds ds,, apar apartt from from the the The University shall provide for pick-up from the participant teams for any round, the members of the airport/ railway station / bus terminus for all teams other teams are not allowed to observe such round. part pa rtic ic ip atin at ing g in the th e Comp Co mpet etit it ion, io n, alon al ong g with wi th Scou Scoutin ting g is strict strictly ly proh prohibi ibited ted and and scou scoutin ting g by any team team acco accomm mmod odat atio ion n and and food food in the the Univ Univer ersi sity ty prem premis ises es th shall entail instantdisqualific instant disqualification. ation. from rom the after ftern noon of the the 15 of Sept Septem embe berr, 2016 2016,, till till th the forenoon of the 19 of September, 2016. 11. 11. AWARDS ARDS Partic Participa ipatin ting g teams teams must must make make their their own own arrang arrangeme ements nts for theirr depart departure ure from from the Univer University sity premise premises. s. 1. Winning Team Award -The winning team will forthei receive a trophy and a cash prize of Rs. 1, 00,000/(Rupee (Rupeess OneLac Only) Only).. 15. CLARIFICATIONS. 2. First Runners-Up Runners-Up TeamAwa eamAward rd – – The T he first first runn runner erss Any que query pert pertai aini ning ng to the Moot Prob Probllem shoul hould d be up team team will ill rece receiv ivee a trop trophy hy and and a cash cash prize rize of Rs. Rs. 50, 50, sent to [email protected] by the 18th of Aug August, st, 000/-(Rup 000/- (Rupees ees FiftyThousand FiftyThousand Only). Only). 2016. Questions submitted / clarification sought 3 Second Runners up Team Award -The Second through any othe ther means other ther than han by e-mai mail shal shalll be runn runner erss up team team will will rece receiv ivee a trop trophy hy and and a cash cash priz prizee of not be entertained. A consolidated response for all Rs. 25, 000/-(Rupe 000/- (Rupees es Twenty wenty FiveThousand Only). Only). quest uestio ion ns and and clar clarif ific icat atio ions ns shal shalll be emai emaile led d to all all the the th participating teams on the 30 of Augu August st,, 2016 2016..


6

TIMELINE FOR THE COMPETITION SL. NO.

PARTICULARS/ EV EVENTS

DATE/TIME

Last Date Last Date of Registration (Soft Copy) along with Scanned Copy of the 5th Au Augu gust st,, 2016 1. demand draft (Rs. (Rs. 3000) Last Date of Registration Registration (Hard Copy) along along with the original ori ginal demand 10th August, 2016 2. draft Confirmatio Confir mation n of reg registra istration/part tion/participation, icipation, toge together ther with allotment allotment 3.

13th Augu August, st,2016 2016

of team team-code -codes. s. 18 th August, 2016

4. Clarification for Moot Problem (Last Da D ate)

30th Augu August, st, 2016

5. Releas Releasee of Clari Clarifica fication tion

05 th September, 2016

6. Memorial submission (Soft copy)

Memori Mem orial al sub submis missio sion n (Ha (Hard rd co copy py)) (F (For or Com Compet petiti ition) on) &

Tra rave vell

7. Plan(Hard Copy Copy of Annexur Annexuree “B”)

08th September, 2016

Inaugural Inaugu ral function/draw of lots/exchange of memorials, memorials, etc(09:30 30 AM to 12:30 PM) 8. etc(09:


Preliminary (Roun (Roundd-1) 1) (03:00 PM to 06:30 PM) Preliminary (R (Rou ound nd-- 2) (09:00 (09 :00 AM to 12:30 PM) 9.

Quarter-Final Rounds (03:00 PM to 05:30 PM)


Semi-Fina Semi -Finals ls (09:00 AM to 01:00 PM) 10.

Final Round (02:30 PM to 04:30 PM) Distribution/Valedictory y Function 11. Prize Distribution/Valedictor (04:30 PM PM to 06:30 06:30 PM)


18th September, 2016 18th September, 2016

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MOOTPROB MOOT PROBLEM LEM

Drafted By DraftedBy J.Sagar Asso Associat ciates es Goodenough Limited (“ Goodenough ”) is a public limited company registered under the la ws of the Republic of Islandia. Goodenough has been listed on various stock exchanges since 1997 and has more than t han 250,000 public shareholders as on date. Mr. James McLinden was appointed as Whole-Time Whole- Time Director (“WTD”) of Goodenough for a period of 5 th years with effect from 12 February 2013 by an ordinary ordinary resolution passed by the shareholders of Goodenough at the Annual Annual General Meeting held on 25 th March 2013. The appointment was validly made as per the requirements of the Companies Act 1956 (“1956 Act”). On 1st April 2013, the Companies Act 2013 (“ 2013 Act”) was brought into force. Section 196 of 2013 Act inter alia provided alia provided that: “196. […] (3) No company shall appoint or continue continue the employment of any person as managing director, whole-time director or manager who — who — is below the age of twenty-one years or has attained the age of seventy years: Provided that appointment of a person who has attained the age of seventy years may be made by passing a special resolution in which case the explanatory statement annexed to the notice for such motion shall indicate the justification justific ation for appointing such person; is an undischarged insolvent or has at any time been adjudged as an insolvent; has at any time suspended payment to his creditors or makes, or has at any time made, a composition with them; or has at any time been convicted by a court of an offence and sentenced for a period of more than six months.” months.” On 15th April 2013, Mr. McLinden attained the age 70 years. On 12th May 2016, Mr. Christopher Ryland Ryland (a shareholder of Goodenough) filed a Suit before the High Court of the State of Winchester challenging the continuation of Mr. McLinden McLinden as WTD under Section 196(3)(a) of the 2013 Act on account of his having attained the age of 70 years. By the Suit, Mr. Mr. Ryland Ryland th sought a declaration that the continuation of Mr. McLinden as WTD of Goodenough from 15 April 2013 was illegal and void ab-initio. ab-initio. The Suit was filed along with a Notice of Motion of the same date seeking urgent interim relief restraining Mr. McLinden from functioning or continuing to exercise powers as WTD, pending disposal of the Suit. In response to the Notice of Motion, Mr. McLinden McLinden filed a detailed reply dated 19th May 2016, denying that Section 196(3)(a) of the 2013 Act could have the effect of invalidating his appointment for a period of 5 years w.e.f. 12 th February 2013, which was validly made as per the provisions of the 1956 Act. Mr. McLinden also raised a preliminary issue under Section 9A of the Code of Civil Procedure 1908 (“ CPC”) (as inserted by the State of Winchester) challenging the maintainability of the Suit on account of being barred by the law of limitation and contended that the said issue ought to be decided first before the Notic e of Motion could be heard. By an order dated 13 th June 2016, a learned Single Judge of the High Court of Essos held that that the word ‘jurisdiction’ used in section 9A of the CPC did not include issues of limitation as an issue is sue of limitation was not one that pertained to the inherent jurisdiction of the High Court. Accordingly Accordingly,, the learned Single Judge concluded that the issue of limitation was not required to be decided as a preliminary issue under Section 9A of the CPC and proceeded to decide the Notice of Motion on merits. merits . On the merits, the Single Judge J udge held that the language of the Section 196(3)(a) of the 2013 Act is plain, simple and unambiguous and does not admit of more than one meaning, namely that after the commencement of the 2013 Act, no person who has suffered one of the disqualifications therein, can be appointed or continued in appointment as a WTD. The learned Single Judge drew a distinction between an


8

eligibility condition and disqualification, to conclude that where an additional eligibility criterion is added after the initial appointment, a vested right is created and the new eligibility criterion could not be applied retrospectively; however, where an additional disqualification is added, the disqualification would operate as an immediate discontinuation of the WTD. According to the Single Judge, Section 196(3)(a) of the 2013 Act prima Act prima facie operated as an immediate statutory disqualification of a WTD upon attaining the age of 70 years. Accordingly, Accordingly, the learned Single Judge allowed the Notice of Motion and issued an interim injunction restraining Mr. McLinden from continuing as WTD of Goodenough pending disposal of the Suit. The judgment of the learned Single Judge was challenged by Mr. McLinden in an appeal before a Division Bench of the High Court of Winchester. Winchester. By an order dated 28 th July 2016, 2016, the Hon’ble Division Bench upheld the order of the Single Judge J udge and dismissed the appeal. Being aggrieved, Mr. McLinden McLinden challenged the judgments of the High Court of Winchester before the Hon’ble Supreme Court of Islandia (the apex court of Islandia), by way of a special leave petition. In the petition for special leave to appeal, Mr. McLinden contended that the issue of limitation which was a facet of jurisdiction ought to have been decided by the High Court as a preliminary issue in accordance with Section 9A CPC (as inserted by the State of Winchester). On the merits of the matter, it was submitted that Section 196(3)(a) of the 2013 Act cannot operate retrospectively to terminate an existing appointment of a WTD, particularly when vested rights are in place. Further, it was contended that the requirements of Section 196(3)(a) of the 2013 Act are only required to be fulfille d at the time ti me of appointment of a WTD, and as such, Section 196(3)(a) does not operate to interrupt the appointment of any WTD. It was also argued that a purposive interpretation of Section 196 (3) would show that the word “continue” in the said Section would apply only in context of clauses (b), (c) and (d) of Section 196(3) and not Section 196(3) (a). It was urged that attaining the age of 70 years could not be equated with persons who have been adjudged undischarged insolvents, failed to make payment to creditors, or convicted by a court of an offence and sentenced for a period of more than 6 months. All these arguments had also been raised before the lower courts but had been rejected. On 6th August 2016, 2016, after hearing the parties, the Hon’ble Supreme Court issued the following directions: UPON hearing counsel, the Court made the following ORDER Leave granted. The following issues arise for consideration in the present proceedings: Whether the issue of limitation l imitation was required required to be heard as a preliminary issue in terms of Section 9A of the Code of Civil Procedure? Procedure? Whether Section 196(3)(a) of the 2013 Act operates as an immediate dis qualification on the appointment and continuation of a person as Whole-Time Whole-Time Director or whether the same s ame is an eligibility condition which only applies at the time of appointment, and whether there is any distinction between the two? Whether the age limit of 70 years under Section 196(3)(a) of the Companies Act 2013, can apply to a Whole-Time Whole-Time Director validly appointed prior to 01.04.2013? Whether the word “continue” used in Section 196 (3) ought to be construed in context of 193(3) (b), (c) and (d) alone and not 196(3) (a). The laws of the Republic of India shall be applicable to the present proceedings, including the Companies Act 1956, Companies Act Act 2013, and the Code of Civil Procedure Procedure 1908. Parties to file their Written Submissions / Memorandums by by 8th of September Septemb er,, 2016. th th List for hearing during 16 to 18 of September, 2016.


9

ORGANIS ORGA NISING ING COM COMMIT MITTEE TEE

Chief Pat Chief Patron ron Dr.. Achyuta Samant Dr Samantaa Hon'ble Founder Founder,, KIIT & KISS Patrons Prof. (Dr (Dr.) .) N.L N.L.Mitra .Mitra Chancellor KIIT KII T Unive University rsity

Prof. (Dr.) P.P. Mathur Vice Chancellor KIIT KII T Unive University rsity Chairman Prof. (Dr.) (Dr.) Nirmal Kanti Chakrabarti Director, Directo r, School of Law, Law, KIIT University Vice Chairman Vice Prof.(Dr.) Pradip Kumar Sarkar Professor, School of Law, Law, KIIT University Faculty Fac ulty Conv Convenor enor

Mrs. Pratiti Nayak Faculty Co-Convenor

Mr. Ashwini Patro

Faculty Members

Dr. Apa Dr. Aparup rupPak Pakhir hiraa Mr.. Nimain Charan Swain Mr Mrs. Ipsita Das Mr. Sudipto De Sarkar Ms. Diya Sarkar Dr. Shreya Shreya Chatterjee Mrs. Parimit Parimitaa Dash Dr. Puranjoy Ghosh Mr. Amarendra Amarendra Pattanaik

Student Committ Committee ee

Ms. Ashna Siddiqui Student Convenor Mob : +91 +91977 977899 899252 2522 2


10

ABOUT KISS Started with with just 125 students way back in 1993 b y eminent educational educational and social social entrepreneurAchyu ta Sa manta, Kalinga Institute Institute of Social Sciences (KISS), Bhubaneswar has today grown into the largest free Residential Tribal Institute of the world. KIS S provid es food, accommoda tion, health care and all other basic necessities of life to 25,000 tribal children of the poorest of the poor background absolutely free to pursue education from Kindergarten to Post Graduation (K.G. to P.G.) .G.).. Students are enrolled enrolled from 62 tribes of Odisha, including 13 Primitive Primitive Tribes. Tribes. The course curriculum designed for KISS is unique, for it incorporates vocational training with formal education, thus making a child educated and self-suffici self-sufficient. ent. Achievements of KISS students in examinations and other academic events speak volumes about high quality of education at the institute. institute. KISS students have been achieving cent percent pass record in annual examination for Class 7th, Class 10th and +2 Arts, Science and Commerce Commerce for consecutive co nsecutive ten years. Students of KISS have been bee n represen rep resenting ting State St ate in the prest p restigiou igiouss National Nati onal Childr Ch ildren's en's Scienc Sc iencee Congres Con gresss every ever y year since 2005. 2 005. They have not only been qualifying in reputed institutions like NITs NITs and IITs IITs on the basis of their their own merit, merit, but have also been selected selected by top corporate corporate names like Accenture, TCS and Wipro Wipro in campus placement. pla cement. Students of KISS have h ave prov pr ov ed thei th eirr met m ettl tlee not n ot on ly in acad ac ademi emics cs,, but b ut also al so in spor sp orts ts and an d cult cu ltur ural al activi act ivitie ties. s. Highpoints of these achievements have been their becoming becoming Champion in Under 13 International Rugby Tournament held in Manchester, U.K. (19th June 2011) and parti pa rtici cipa patio tion n of KISS KI SS stud st udent entss in Asian Asi an Game Ga mess at Guan Gu anzh zhou ou (Chi (C hina na)) and an d Commonwealth Common wealth Games (New Delhi). More details are available at kiss.ac.in K IS IS S i s t h e f i n e s t e xp xp re re ss ss i o n o f K I IT IT ' s s o ci ci a l c om om m i tm tm e nt nt . I t p la la ns ns t o e du du ca ca te te 2,00,000 tribal tribal children children during the next decade. decade.


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SCHOOL OF L AW, KIIT UNIVERSITY , C AMPUS – 16, 16, BHUBANESWAR , ODISHA – 751024, – 751024, Email: [email protected]

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