10TH Mahamana Malaviya

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10TH

MAHAMANA

MALAVIYA
National Moot Court Competition 2023
24th - 26th March 2023
10TH MAHAMANA MALAVIYA
National Moot Court Competition 2023

T A B LE O F

CONTENTS

Content Page No.


About us 03
9th MMNMCC 2022- 05
Glimpse
Moot Problem 07
Annexures to
12
Moot Problem
Rules & Regulations 18

Official Timeline 31

Registration Form 32

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10TH MAHAMANA MALAVIYA
National Moot Court Competition 2023

ABOUT 10th MMNMCC 2023

Organised by Faculty of Law, BHU

Banaras Hindu University is an internationally reputed temple of


learning, situated in the holy city of Varanasi. This creative and
innovative university was founded by the great nationalist leader,
Pandit Madan Mohan Malviya, in 1916 with the cooperation of
great personalities like Dr Annie Besant, who perceived it as the
University of India. Banaras Hindu University was created under
the Parliamentary Legislation - the B.H.U. Act 1915. The Law
School is one of the earliest faculties established in the Banaras
Hindu University.

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National Moot Court Competition 2023

The legal luminaries like Sir Ras Behari Ghosh and Sir Tej Bahadur
Sapru, were the earlier Deans. The Law School has developed a
holistic approach towards understanding law and justice from a
multi-disciplinary perspective through its various courses.
It offers various academic programmes to generate especially
skilled global legal professionals. The Faculty of Law, BHU has a
hundred year old history which is incomparable to any traditional
institution in this country. This fine law institution has produced
great legal luminaries in the past and continues to produce the
world's greatest minds to serve in the legal field.

PATRON
PROF. SUDHIR K. JAIN
(HON’BLE VICE CHANCELLOR, BHU)

ORGANISING COMMITTEE

PROF. AJAI KUMAR Director (Head & Dean)


PROF. C.P. UPADHYAY Joint Director
PROF. D.K. MISHRA Treasurer
DR. ANIL KUMAR MAURYA Organizing Secretary
DR. PRADEEP KUMAR Joint Organizing Secretary
DR. MAYANK PRATAP Joint Organizing Secretary
DR. ANOOP KUMAR Joint Organizing Secretary
DR. KESHARI NANDAN SHARMA Member
DR. GOPAL KRISHNA SHARMA Member
DR. DOLLY SINGH Member
DR. LAXMAN SINGH RAWAT Member

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10TH MAHAMANA MALAVIYA
National Moot Court Competition 2023

9th MMNMCC 2022- Glimpse

The ninth edition of Mahamana Malaviya National Moot Court


Competition 2022 was organised by the Faculty of Law, BHU from
1-3 April 2022 wherein 24 teams from across the country argued
on the given moot preposition over the course of two days. The
moot proposition dealt with the provisions of IT Act and
Constitutional Law. The competition was divided into preliminary,
quarter final, semi final and final rounds, with each round being
judged by eminent professors, lawyers and judges. The final
round was judged by Retd. Justice Pradeep Srivastava, Justice
Siddharth and Justice Krishan Pahal.

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National Moot Court Competition 2023

List of teams participated in 9th MMNMCC 2022

• Amity University, Patna


• Manav Rachna University, Faridabad, Delhi
• Kalinga Institute of Industrial Technology(KIIT), School of Law,
Bhuvneshwar Odisha
• Marathwada Mitra Mandal's Shankarrao Chavan Law College,
Pune
• Dr. B. R. Ambedkar National Law University, Sonipat, Haryana
• University of Allahabad, UP
• Army Institute of Law, Mohali, Punjab
• Bennett University, Noida
• National Law University and Judicial Academy, Assam
• Ramaiah College of Law, Bangalore
• KLE Society's Law College, Bangalore
• Symbiosis Law School, Pune
• JECRC University, Bidhani, Rajasthan
• RV Institute of Legal Studies, Bangalore
• Central University of South Bihar, Bihar
• Kerala Law Academy Law College, Kerala
• Christ(Deemed to be University), Delhi
• Symbiosis Law School, Noida
• Government Law College, Ernakulam, Kochi
• VM Salgaocar college of Law, Tiswadi, Goa
• VIT Chennai, Tamil Nadu
• University Institute of Legal Studies, Panjab University, Punjab
• The Tamil Nadu DR Ambedkar Law University, Tamil Nadu

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National Moot Court Competition 2023

MOOT PROBLEM
1. Republic of Tatooine is a federal democratic republic located near
the equator in the African continent. Tatooine is a lower-middle
income country with a high population density. Extremely hot and
arid climate, frequent sand storms, and large-scale use of fossil
fuels have significantly affected the air quality of Tatooine. The Air
Quality Index (AQI) of all parts of Tatooine hovers above the severe
category for most parts of the year. Numerous health studies have
linked the critically bad quality of air to respiratory problems such
as chronic obstructive pulmonary disease, asthma and lung cancer
in the inhabitants of Tatooine. The average impact exerted by the
bad quality of air on the GDP of Tatooine is estimated to be to the
tune of 50 billion USD annually.

2. Kyber Crystal’ is a naturally occurring substance native to Tatooine.


A unique chemical property named as ‘force’ enables Kyber Crystal
to purify air in proximity of the crystal by virtue of a process called
Negative Air Ionization (NAI). The crystal has been traditionally
known to the people of Tatooine and its air purifying quality has
been elaborately discussed in the ancient texts of Tatooine.
However, the air purifying effect of Kyber Crystal is limited in terms
of the area it can cover. Therefore, Kyber Cystal is only used in
homes and other closed premises for air purification, in conjunction
with unsophisticated systems of ventilation. Many attempts have
been made to amplify the effect of the crystal and distillate the
‘force’ that gives Kyber Crystal its unique qualities but without any
success.

3. Jedi Corporation is a multinational company based in Coruscant, a


country in Western Europe. Jedi Corp. is a knowledge-based
company with the highest R&D expenditure in the world on green
technology for the last five decades. It has several path-breaking
innovations to its name and it holds one of the largest patent
portfolios of environmental devices. Dr. Anakin Skywalker is a

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scientist of Tatooine nationality working in Jedi Corp.’s Research


and Development unit in Coruscant. The team led by Dr. Anakin
discovered the Beta Crystalline Form (BCF) of Kyber Crystal which
they monikered as ‘Super Kyber Crystal’. After the discovery, Jedi
Corp. put out the following press release:

“We would like to congratulate Dr. Skywalker and his team for
their ground breaking discovery of ‘Beta Crystalline Form of
Kyber Crystal’. The unique molecular structure of Beta
Crystalline Form enables it to use the ‘force’ more efficiently
than the Alpha Crystalline Form of Kyber Crystal which was
already known. Super Kyber Crystal can purify air over large
open areas which was not possible hitherto. This discovery is
a landmark moment not only for us at Jedi Corp. but for all
the people around the world who are suffering because of
polluted air. Jedi Corp. will ensure that this technology
reaches those nations across the globe which are most
severely hit by air pollution by working in active collaboration
with their governments.”

4. To efficiently discharge its intended function, Super Kyber Crystal


has to be used inside a device called ‘Lightsaber’. Lightsaber
containing Super Kyber Crystal uses the ‘force’ to filter the air.
Applications for grant of patent for the invention were filed in
multiple jurisdictions. An application for patent for a ‘An Air
Filtration Device Based on Beta Crystalline Form of Kyber Crystal’
also filed in the Tatooine Patent Office (TPO) on 30th March, 2010.

5. The First Examination Report was issued by the TPO on 23rd


September, 2011, an excerpt from which is attached as Annexure 1.
A Reply to the First Examination Report dated 4th November, 2011
was submitted by Jedi Corp., an excerpt from which is attached as
Annexure 2. A hearing was conducted and thereafter, the patent
was granted on 22nd October, 2012 as TA 22101996.

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National Moot Court Competition 2023

6. Palpatine Galactic Empires is an environmental products company


based in Tatooine. Since its inception, Palpatine GE has worked
relentlessly towards mitigating the impact of bad quality of air in
Tatooine and it has introduced a series of products based on Kyber
Crystal. Palpatine GE has a dedicated R&D unit ‘Darth Sidious’ which
studies and seeks to find out new ways of utilising air purification
properties of Kyber Crystal. Upon coming across patent no. TA
22101996 of Jedi Corp., Darth Sidious filed a post grant opposition
against the said patent. However, the said opposition was dismissed
for non-prosecution, because of non-adherence with the timelines
provided under the Patent Rules, 2003.

7. In the year 2020 upon coming to Tatooine, Dr. Anakin Skywalker


came to know that the air quality of Tatooine has been constantly
degrading and none of the environmental products of Jedi Corp.,
including Lightsaber, are available in Tatooine. The reason for the
same was the exclusionary effect of Jedi’s patented environmental
inventions which were exclusively manufactured for and exported
to the markets of high-income countries.

8. Dr. Anakin decided to leave his employment at Coruscant and stay


in Tatooine for working for the welfare of his country. He joined
Palpatine GE and started working in its R&D unit, Darth Sidious for
developing technology that would help in averting the
environmental catastrophe. After two years of extensive research,
Palpatine GE introduced a device under the name ‘Darksaber’ that
could be used to purify air over large areas including open spaces.
The press release issued by Palpatine GE reads as under:

“It is with immense pleasure we give to Tatooine, for the first


time, an air purification device that can be used for open
public places. Darksaber is a state-of-the-art air filtration
device that works on Negative Air Ionisation technology.
Despite best efforts by various foreign companies to prevent
us from developing this device, our team at Darth Sidious has

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worked tirelessly to avert the impending environmental


catastrophe. If asked for, we are willing to sell ‘Darksaber’ to
the Government of Tatooine as also share its technology with
them for the greater good of Tatooine.”

9. An application for grant of patent for a ‘Device for Air Purification


Containing Kyber Crsytal’ was also filed by Palpatine GE in the TPO
in the year 2021. In 2022, the Government of Tatooine invited bids
for procurement of air filtration systems capable of being installed
at open public places. After consideration of bids, the said tender
was awarded to Palpatine GE. Upon gaining knowledge of Palpatine
GE’s product, a cease-and-desist notice was sent by Jedi Corp. to
Palpatine GE. In the said notice, Jedi Corp. alleged that Darksaber
substantially performs the same function as Lightsaber in
substantially the same manner to substantially yield the same result
thereby infringing the patent of Jedi Corp. and sought Palpatine GE
to cease the manufacturing, selling, and distribution of Darksaber. In
reply to the said notice, Palpatine GE claimed that there was no
infringement of patent no. TA 22101996 as the working mechanism
of Darksaber was entirely different from that of Lightsaber. The
reply contended that Darksaber uses Kyber Crystal which is in
public domain and no exclusivity could be claimed by Jedi Corp.
over it. The reply further stated that the patent no. TA 22101996 was
invalid. Jedi Corp. sent another notice to Dr. Anakin Skywalker
accusing him of sharing the proprietary information of the Jedi Corp.
with Palpatine GE.

10. In these circumstances, Jedi Corp. has filed a quia timet action
before the High Court of Kashi, seeking a decree of permanent
injunction restraining Palpatine GE from manufacturing, selling, or
otherwise dealing with ‘Kyber Crystals’, ‘Super Kyber Crystals’ and
‘Darksaber’ as would infringe patent no. TA 22101996. Jedi Corp. has
also impleaded the Government of Tatooine as a Defendant in the
suit. In response to the quia timet action, Palpatine GE has filed a
counter claim seeking revocation of Jedi Corp.’s patent. A suit has

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also been filed by Jedi Corp. against Dr. Skywalker seeking restraint
on use of its confidential information, technical know-how, trade
secrets, and unfair competition.

11. Both the matters are listed before the Court for hearing of interim
injunction applications of the Plaintiff under Order XXXIX Rules 1 & 2
Code of Civil Procedure, 1908 which would remain operational
during the pendency of both the matters.

Notes / Clarifications
The laws of Tatooine and Republic of India are in pari materia.
The High Court of Kashi has original jurisdiction to entertain
suits.

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ANNEXURE-1

Government of Tatooine
Patent Office
Intellectual Property Building

Date: 23rd September, 2011


To,

Patent Agent of Jedi Corp.,


B-6/10, Assi Ghat, Opp. BHU Gate,


Kashi- 221005, Tatooine.

Sub: First Examination Report


Application Number:
100/TPO/2010
Date of Filing: 30th March, 2010
Date of Publication: 5th May, 2010
Date of Request for Examination: 21st December, 2012

With reference to RQ No. 927/RQ-TPO/2009 dated 30th March,


2010, in the above-mentioned application for grant of patent,
examination has been conducted under Section 12 and 13 of the
Patents Act 1970.The following objection(s) are hereby
communicated:
(Omitted)

Objection 3-
13. The subject matter as described and claimed in claims 1-9 of the
patent application is a device consisting of a Kyber Crystal and an
apparatus including a sophisticated vent network for routing un-
filtered air into and purified air away from the force-field of the
crystal. The function of the subject invention is based on Negative
Air Ionization technology which is used to bring down the level of
Particulate Matter in the air. The application discloses the process
of preparing the beta crystalline form of Kyber Crystal as also its
uses in air filtration.

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National Moot Court Competition 2023

14. The Applicant claims that it has surprisingly found a substance


which it describes as the beta crystalline form of Kyber Crsytal,
which under certain conditions has been found to be having
certain advantageous properties. It is stated that the beta
crystalline form is better processable, better storable, and more
thermodynamically stable. However, the application in question
does not disclose any new property or new use of beta crystalline
form and the apparatus attached thereto. Nowhere in the
application in question is there any averment to the effect that the
beta crystalline form has any therapeutic qualities which are not
possessed by alpha crystalline form. There is no significant
difference in properties with regard to ‘efficacy’ between the
invention claimed and the known substance. The air purification
function of Kyber Crystal is commonly known in Tatooine, and it
has been traditionally used in air filtration systems. Each form of a
known substance has some unique beneficial properties.
However, not every improvement, benefit, and advancement are
relevant for the purpose of analysis under section 3(d). To be an
invention within the meaning of the Patent Act, 1970, only the
difference in properties with regard to ‘efficacy’ would be relevant.

15. In order to satisfy the requirement of section 3(d), the Applicant


needed to prove that beta crystalline from of Kyber Crystal
exhibits ‘enhanced efficacy’ over the known substance. But no
empirical/ research data has been provided by the Applicant to
show and establish that beta crystalline form has higher ‘force-
availability’, which is the property within the Kyber Crystal
responsible for intended / desired effect, in comparison to the
alpha crystalline form. Thus, beta crystalline form of kyber crystal
cannot be patented as per section 3(d) of the Patent Act, 1970. In
view thereof, the entire device / system / apparatus which is
entirely based upon the said substance can also not be patented.

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National Moot Court Competition 2023

(Omitted)

16. You are request to file a response to the objection(s) taken in the
present examination report latest by 10th November, 2011.

Controller of Patents,
Tatooine Patent Office

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National Moot Court Competition 2023

ANNEXURE-2

S.K. Attorneys at Law


B-6/10, Assi Ghat, Opp. BHU Gate,
Kashi, 221005, Tatooine.
Tel: 91-152-2322141 & 91-152-1207431 Fax: 91-152-1372423
Email: lawcosomos@skattorneys.com
website: www.lawcosmos.com
100/TPO/2010; RMD/AMS/RMD/IP:201901287340

4th November, 2011

The Controller of Patents


The Patent Office
Kashi, Tatooine

Dear Ma’am,

Re: Jedi High Council Corporation


Tatooine Patent Application No. 100/TPO/2010
Filed on: 30th March, 2010
Reference is made to the First Examination Report (hereinafter
‘FER’) dated 23rd September, 2011 regarding the above identified
patent application. The Applicant submits herewith the under
mentioned documents and presents the following reply:

(Omitted)
3. Objection as to non-patentability u/s 3(d)

18. The Ld. Controller has objected to claims 1-9 on the ground of
non-patentability under section 3(d) of the Patent Act, 1970. The
applicant humbly resists the objection and submits that the ld.
Controller has erred in concluding that the subject matter of the
application is not patentable. Section 3(d) does not apply to the
present case. The invention of beta crystalline form of Kyber

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Crystal is not a mere discovery of a new form of a known


substance but an invention with an inventive step involving human
intervention. Beta crystalline form of Kyber Crystal is superior to its
alpha crystalline form which was known hitherto.

19. As mentioned in the patent specification, the beta crystalline form


has better potency than the alpha crystalline form. Moreover, the
beta crystalline form is far more suitable for the preparation and
formation of air purification systems. This fact should be taken into
consideration by the ld. Controller while deciding on the efficacy
of the subject substance.

20. The ld. Controller has further not taken into consideration the fact
that there is no empirical study proving or establishing the efficacy
of Kyber Crystal per se. Vague assertions and averments about a
substance known in traditional knowledge with ‘unknown’ efficacy
cannot form the basis of objection of non-patentability under
section 3(d) of the Patent Act, 1970.

21. Without prejudice to anything abovesaid, the Applicant humbly


submits that the Applicant has not filed the present application for
claiming patent over the beta crystalline form of Kyber Crystal but
rather, the Applicant claims patent over a device consisting of an
elaborate apparatus of which the beta crystalline form of Kyber
Crystal is merely one component. The subject invention consists
of the said Kyber Crystal, vents and amplifiers. The device
amplifies and multiplies the ‘force-field’ of the crystal which
enables it to cover a larger area. It is the humble submission of the
Applicant that for the purposes of examination, ld. Controller
ought to consider the subject invention as a whole.

22. In view of the above, the learned Controller is respectfully


requested to withdraw the objections raised in the FER. All
remaining requirements have been duly noted and complied with.

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23. In any event, before taking any adverse decision on this case, the
Controller is respectfully requested to give an opportunity to the
Applicant to be officially heard in this matter.

*This hypothetical moot proposition is prepared by Mr. Shivam Kaushik,


Judicial Law Clerk to Justice Prathiba M. Singh, Delhi High Court, India.
Any attempt to contact the above-mentioned person by any member of
any participating team shall lead to disqualification.

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National Moot Court Competition 2023

RULES AND REGULATIONS

GENERAL:

1. Administration: The ‘10th Mahamana Malaviya National Moot


Court Competition, 2023’ is to be organized by the Faculty of
Law, Banaras Hindu University, Varanasi.
2. Date: The Competition shall be held from the 24th of March
2023 to the 26th of March 2023 at the Law School (Faculty of
Law), Banaras Hindu University, Varanasi, Uttar Pradesh -
221005.
3. Language: The official language for the Competition shall be
English.
4. Structure of the Competition: The Competition shall consist of
the following
a. Memorial Selection Round,
b. Researcher’s Test,
c. Two Preliminary Rounds, and
d. Three Advanced Rounds, viz. Quarter-Finals, Semi-Finals,
and Finals.
5. Dress Code: All the participants shall adhere to the following
dress code for the competition:
Ladies: Black and White Western or Indian Formals
Gentlemen: Black and White Western Formals

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National Moot Court Competition 2023

PARTICIPATION AND ELIGIBILITY:

Eligibility:
Students pursuing either a 3-Year or a 5-Year LL.B. degree in the
Academic Year 2022-2023 at any recognized Law
School/College/University in India are eligible to participate. Each
participating institution shall send only one team to the
Competition. Team members must be bonafide students of the
institution they are representing.

RULES AND REGULATIONS:

1. Once registered (after Final Registrations), a Team will not be


permitted to vary their composition in any manner.
2. Team Composition: The participating team shall comprise a
minimum of two (2) and a maximum of three (3) members. In
a team of two (2) members, both the members shall be
designated as ‘Speakers’ and one of the two Speakers shall be
considered as ‘Researcher’ (which is to be notified at the time
of Final Registration). In a team of three (3) members, two
members shall be designated as ‘Speakers’ and the third
member of the team shall be designated as a ‘Researcher’.
The Organizing Committee reserves the right to bar any team
from participating in the Competition.

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REGISTRATION:

1. All the teams willing to participate in the ‘10th Mahamana


Malaviya National Moot Court Competition, 2023’ must express
their willingness for the same by sending a mail latest by 20th
January 2023, 11:59 PM IST to
mccfacultyoflawbhu@gmail.com. This shall be considered as
provisional registration of the participating institution.
Accordingly, each participating team shall be provided a team
code.
2. All the provisionally registered teams will have to submit their
memorials (for Petitioner and Respondent) latest by 15th
February 2023, 11:59 PM IST.
3. A list of the top 24 teams based on their memorial scores will
be permitted to proceed with the final registration. Teams shall
be intimated of the same by 26th February 2023, 11:59 PM IST.
4. Teams qualifying for the final registration shall have to deposit
a participating fee of INR 5,000 latest by 2nd March 2023,
11:59 PM IST. The details of payment method will be intimated
along with the result of memorial evaluation on 26th February.
5. In case any of the shortlisted 24 teams fails to make the
payment by the above-mentioned date, it will automatically
forfeit its claim to participate in the competition. In case of
forfeiture by one or more teams, the subsequent waitlisted
teams will be informed and given an opportunity to complete
their registration after the submission of the fee within a
stipulated time allocated to them in this regard.
6. The final registration will be deemed complete only once the
soft copy of payment receipt along with the registration form
is duly mailed to mccfacultyoflawbhu@gmail.com and the
confirmation of the same will be sent to the teams.
7. In case of any dispute, discrepancy, differences, etc., the final

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discretion shall vest with the Organising Committee of the 10th


Mahamana Malaviya National Moot Court Competition, 2023
and its decision shall be final and binding. Furthermore, the
Organising Committee also reserves the right to cancel the
registration of any team at any stage in case of misconduct,
incapacity or for any other improper act or likewise.

MEMORIAL SUBMISSION:

1. Each team participating in the Competition must prepare one


Memorial on behalf of Petitioner(s)/Appellant(s)/Applicant(s)
and one on behalf of the Respondent(s)/Defendant(s).
2. Each team must send the soft copies of each side of the
Memorials (One (1) in MS Word .doc/.docx format and One (1)
in .pdf format) for evaluation by February 15, 2023 before 11:59
P.M. to mccfacultyoflawbhu@gmail.com with the subject
“[Team Code] Memorial for Appellants and Respondents”. All
the files shall be sent in one mail only. The file names of the
electronic copies of the Memorials must contain only the
Team Code and the side is represented in the following
format: e.g., (for Team Code: 10) 10-P or 10-R, ‘P’ being for
“Petitioner” Memorial and ‘R’ for “Respondent” Memorial and so
forth.
3. Soft copy of Memorials submitted beyond the deadline of 15th
February 2023 before 11:59 P.M. shall incur a penalty of 02
Marks for each day of delay till `17th February 2023 before
11:59 P.M. Any soft copy of the Memorials received after 17th
February 2023 will be subjected to immediate disqualification
thereafter.
4. Further, each shortlisted team for the preliminary rounds shall
submit Six (6) Hard Copies for each side of the Memorial by
March 12th, 2023.
5. The method for evaluation of the submitted memorials has
been laid down below.

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MEMORIAL FORMAT:

1. All the pages of the Memorial must be of A4 Size with an equal


margin of 1-inch on each side. The text font for the ‘Main Body’
must be Times New Roman, Size 12, with 1.5 Line Spacing. The
alignment should be justified. The text font for the ‘Footnotes’
must be Times New Roman, Size 10, with 1.0 Line Spacing.
Character Spacing should not be condensed in any manner.
2. Footnotes must not be explanatory in nature. An illustrative
example of an acceptable footnote: A v. B, AIR 1973 SC 22, 23-
24 [hereinafter X]. An illustrative example of an unacceptable
footnote: A v. B, AIR 1973 SC 22, 2324 [hereinafter X] (holding
that the Right to Information Act was in fact against the
express provisions of Art. 14 of the Constitution of India).
3. Teams shall cite authorities in the Memorial using footnotes
following the Harvard Bluebook 19th Edition and the
footnoting must be uniform throughout the Memorial.
4. The Memorials shall be ‘Spiral Bound’. The following colour
scheme shall be followed for the Cover Page of the Memorial:

Petitioner(s)/Appellant(s)/Applicant(s): Blue

Defendant(s)/Respondent(s): Red

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MEMORIAL CONTENT:

A. The Memorials shall necessarily consist of only the following


sections:
1. Cover Page;
2. Table of Contents;
3. List of Abbreviations;
4. Index of Authorities (with Page Number where the authority
has been cited);
5. Statement of Jurisdiction;
6. Statement of Facts (not exceeding 2 Pages);
7. Arguments Presented (Statement of Issues);
8. Summary of Arguments (not exceeding 2 Pages);
9. Arguments Advanced (not exceeding 20 Pages);
10. Prayer (not exceeding 1 Page).

B. Each Memorial shall have the following and only the following on
its cover page:
1. The Team Code on the upper right-hand corner of the Cover
Page;
2. The Name and Place of the Forum;
3. The relevant legal provision under which it is filed;
4. Name of parties and their status;
5. Memorial Filed on Behalf of ____.

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EVALUATION:

The maximum score for each Memorial shall be 100 Marks. The
memorials shall be evaluated on the following criteria:

Knowledge of Law and Facts 30 Marks

Proper and Articulate Analysis 30 Marks

Extent and Use of Research 20 Marks

Clarity and Organization 10 Marks

Language and Expression 10 Marks

PENALTIES:

Non observance or violation of the above-mentioned rules by any


team in respect of the Memorials will lead to the following
penalties –
Late Submission 02 Marks each day

Exceeding Page Limit 01 Mark per exceeding page

Failure to include the required 01 Mark per violation


information on the Cover Page

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Failure to comply with Footnote


0.10 Marks per violation
standards, Font Size, Font Style,
Line Spacing, Margins

Failure to use correct Colour


02 Marks per Memorial
Coding

STRUCTURE OF THE COMPETITION:


A. Researcher’s Test:
The Researcher's Test shall be conducted on March 24, 2023 from
05:00 pm to 06:00 pm. Every Team member designated as
Researcher has to be present at the time of the Researcher’s Test.
The test shall contain questions related to the Moot Proposition
and the relevant laws applicable.
B. Oral Round Procedures:

B.1. General Procedures-


The teams have to report at the registration-desk on March 24,
2023 at 3:00 pm. The draw-of-lots and the exchange of memorials
shall be done after reporting of the teams at the registration-desk
on March 24, 2023. There shall be two Preliminary Rounds, a
Quarter-Final Round, a Semi-Final Round and a Final Round. If the
number of teams participating is less than twelve, there shall be
no Quarter-Final Round.

Prior to the beginning of the Oral Rounds, each Team shall


intimate the Court Officers how it wishes to allocate their time. For
instance, during the Preliminary Rounds, the teams need to inform
the Court Officers as to how they are going to allocate their 20
minutes among (a) its First Speaker, (b) its Second Speaker, and (c)
Rebuttals. Two (2) members, and not more than Two (2) members,

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National Moot Court Competition 2023

from each Team, shall make Oral Pleadings during the Rounds.

B.2. Procedure for Oral Submissions-


Each team will get a total of 20 minutes (in Preliminary and
Quarter-Final Rounds) and 30 minutes (in Semi-Finals and Final
Rounds), to present their case. This time will include rebuttals
subject to the discretion of the Judges.

The Applicants/Petitioners/Appellants shall submit their


arguments first, followed by the Respondents. Thereafter, the
Applicant(s)/ Petitioner(s)/Appellant(s) shall have the option of
submitting their rebuttals. The Respondent(s)/Defendant(s) may
also be permitted for the sur-rebuttal subject to the discretion of
the Judges.

The division of time per speaker is left to the discretion of the


team, subject to a minimum of 8 minutes and maximum of 12
minutes including rebuttals per speaker (in Preliminary and
Quarter-Final Rounds) and minimum of 12 minutes and maximum
of 18 minutes including rebuttals per speaker (in Semi-Final and
Final Rounds).

Rebuttals can be assigned a time period of a maximum 2 minutes


(in Preliminary and Quarter-Final Rounds) and 3 minutes (in Semi-
Final and Final Rounds). The oral arguments should be strictly
confined to the issues presented in the memorial. The researcher
may sit with the speakers during the oral rounds. Maximum scores
for the oral rounds shall be 100 points per speaker per judge. The
speakers can provide the copies of the compendium, only if the
same is permitted by the judges in their respective courtrooms.

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National Moot Court Competition 2023

The oral rounds shall be judged on the following criteria:

Knowledge of Law 20 Marks

Application of Facts 20 Marks

Ingenuity and Ability to Answer 20 Marks


Questions

Style, Poise, Courtesy, and 20 Marks


Demeanour

Time Management 10 Marks

Organisation 10 Marks

C. Preliminary Rounds:

The Preliminary Rounds are scheduled to take place on


March 25, 2023.
There shall be two (2) Preliminary Rounds. All the selected Teams
will be participating in the Preliminary Rounds. The Bench
constituted for the Preliminary Rounds shall consist of at least two
Judges. No Teams shall face the same Bench more than once in
the Preliminary Rounds. The Teams will argue on behalf of each
side during the Preliminary Rounds. No two teams shall face each
other more than once in the Preliminary Rounds.

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National Moot Court Competition 2023

Teams with two straight wins in the Preliminary Rounds would


advance to the next round. Teams with less than two wins may
also advance to the next round on the basis of cumulative team
scores in both the Preliminary Rounds. The memorial scores shall
be used as tie-breaker should such need arise.

D. Quarter Finals:
The Quarter-Final Rounds are scheduled to take place on 25th
March 2023.
Total of Eight (8) Teams shall proceed to the Quarter-Final Rounds
from the Preliminary Rounds, which shall comprise of four (4)
fixtures. In the Quarter-Final Rounds, each Team shall argue from
the side decided on the basis of draw of lots. The Quarter-Final
Rounds shall be in the nature of knock-outs, i.e., the team with the
lesser score shall be eliminated. The Winning Teams in each of
the four Quarter-Final matches shall advance to the Semi-Final
Rounds.

E. Semi-Finals:
The Semi-Final Rounds are scheduled to take place on March 26,
2023.
The Winning Teams in each of the Quarter-Finals shall compete
according to the draw of lots. In the event that Quarter-Finals have
not been held, top four Teams shall directly proceed to the Semi-
Final Rounds. Teams with two straight wins in the Preliminary
Rounds would directly advance to the Semi-Finals. Teams with
less than two wins may also advance to the Semi-Finals on the
basis of cumulative team scores in both the Preliminary Rounds.
The memorial scores shall be used as tie-breaker should such
need arise. The Winning Team from each of the two Semi-Final
Rounds shall advance to the Final Round.

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National Moot Court Competition 2023

F. Finals:
The Final Round is scheduled to take place on March 26, 2023.

For the Final Round, the Teams shall argue on the side as decided
by the draw of lots. The Winner of the Final Round (i.e., the team
obtaining a Higher Score) shall be adjudged as the ‘Winner of the
Competition’.

NOTE: Use of any Electronic Gadgets is strictly prohibited during


the course of Researcher’s Test and Oral Rounds. Non-
Compliance with the Rules shall lead to immediate
disqualification.

G. Scouting:
Teams shall not be allowed to observe the Oral Rounds of another
team unless they have been officially knocked-out of the
Competition. Scouting is strictly prohibited. Scouting by any team
shall entail instant disqualification.

H. Adherence to Anonymity:

1. During the Oral Rounds, participating teams are not supposed


to state their names or the names of the Institution to which
they belong and instead must use the Team Code allotted to
them.
2. The team shall not disclose their identity anywhere in their
written Memorials and instead should use the Code allotted.
3. Failure to comply with any of the conditions stipulated above
shall result in immediate disqualification of the team. The
decision of the Organizing Secretary in this regard would be
final.

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National Moot Court Competition 2023

I. Awards:
Monetary and other prizes shall be given in the following
categories:
1. Winner
2. Runners Up
3. Best Speaker
4. Best Memorial
5. Best Researcher

J. Local Hospitality:
Accommodation shall be provided to all teams by the Organisers
from the afternoon of March 24, 2023 to the evening of March 26,
2023. Food and Transportation to and from the venue shall be
provided to all the teams for the aforementioned duration and it
shall be strictly limited to 03 Members per team.

K. Clarifications Regarding the Rules and Registration for the


Competition:
All clarifications regarding the Moot Proposition should only be
sent to mccfacultyoflawbhu@gmail.com by 28th January, 2023. A
full list of clarifications shall be sent to all the teams by 31st
January, 2023.

Any other clarifications: -


Arpit Saxena, Student Member, Moot Court Committee (Mobile
Number-9079979095)
Shruti Lal, Student Member, Moot Court Committee (Mobile
Number-8922805078)

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National Moot Court Competition 2023

OFFICIAL TIMELINE

Last Date of Provisional Registration 20th January, 2023

Last Date to Seek Clarification 28th January, 2023

Clarification of Moot Problem 31st January, 2023

Memorial Submission 15th February, 2023

Memorial Results 26th February, 2023

Last date for Final Registration 2nd March, 2023

Submission of Hard Copy of Memorial 12th March, 2023

Draw of Lots, Researchers Test 24th March, 2023

Preliminary and Quarter Finals 25th March, 2023

Semi Final, Final & Valedictory 26h March, 2023

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REGISTRATION FORM

Serial No:
(For Office use only)

Name and Address of the Institution:

Contact No:
Email ID:

Details of Participants:

Participants

Name

Gender
No.
Mobile
ID
Email


1
Speaker



2
Speaker


Researcher


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National Moot Court Competition 2023

Photographs:

Participants
1
Speaker
2
Speaker

Researcher

Photograph



Signature

Declaration:
We hereby declare that the institution and its team members will
abide by all the rules of the competition set by the organisers. We
also confirm that all the information provided by us in this
registration form is true and accurate to the best of our
knowledge. In case of non-compliance or violation of any rule or
regulation on our part, the organising body shall reserve the right
to cancel our registration.

Date:

Signature and Seal


Head of Institution

33

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