Gavelled Moot Court Brcohure 2

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 17

5

GAVELLED
th National
Moot Court
Competition

22-23
March 2024

Moot Court Society, School of Law,


Lovely Professional University, Phagwara, Punjab.
ABOUT LOVELY PROFESSIONAL UNIVERSITY
Lovely Professional University (LPU) is a multi-faculty research-oriented institution with hi-tech campus
offering more than 200 professional programmes. LPU campus is a complete world in itself having
students from 28 states of India and more than 50 countries of the world.
LPU is a world class institution with internationally benchmarked curricula, innovative pedagogy
focused on experiential learning, cutting edge research, 300+ foreign tie-ups, well qualified faculty
with industry exposure, outstanding sports & cultural facilities, excellent residential facilities, In-campus
shopping mall, hospital, banks, postal services etc.
The University is ranked high on various parameters by Government Bodies and other credible
organisations. LPU receives Highest Grade A++ with 3.68 score on 4 Point Scale by NAAC (National
Assessment & Accreditation Council), an Autonomous Institution of the University Grants Commission
(UGC), Ministry of Education, Govt. of India. Times Higher Education Impact Ranking 2023 has ranked LPU
2nd in India. The Times Higher Education World University Rankings 2024 has ranked LPU 25th amongst
Top Universities of India (Both Govt. & Private). The University has also been ranked 38th in NIRF
Rankings 2023 by Ministry of Education, Govt. of India amongst all government and private universities in
India. LPU also has the distinction of being the first private university in India to get ICAR accreditation
from Ministry of Agriculture, Govt. of India for its Agriculture programmes.

ABOUT SCHOOL OF LAW


Approved by the Bar Council of India, Law Discipline of LPU is one of the premier
institutes in the country and ranked 16th in NIRF rankings (Law) 2023.
Outstanding features of the school include the technology and research focus at
both UG and PG levels and numerous exposures to Mooting sessions and
competitions to bring greater rigor to the litigation skills of graduates and
prepare them for a broader range of global professional careers. Our students are
groomed to hit the ground running with rigorous practical exposure in drafting,
mock trials, and activities like crime scene investigation, discussions, debates,
etc.
Besides, the Discipline undertakes meticulous planning of internships with
Judicial Officers, prominent legal practitioners, law firms, and Commissions
like Human Rights, Women, Child and Information Commission, etc. The
Discipline also organizes international conferences and interactions with
acclaimed law practitioners to broaden the horizon of students and to
familiarize them with emerging legal developments. The school also
encourages its student to undertake freelancing projects, to encourage the
spirit of innovation, entrepreneurship and leadership.

5th Gavelled, National Moot Court Competition 01


MOOT COURT SOCIETY
The Moot Court Society (MCS) at the School of Law, LPU, takes proactive measures to foster the growth of
moot court activities. The MCS is entrusted with the responsibility of orchestrating intra-moot court
competitions, inter-university moot court contests on both the national and international levels, as well as trial
advocacy competitions.
The MCS plays a pivotal role in nurturing future mooters and cultivating a vibrant, researching and
mooting culture within the school. Our ultimate objective is to uphold the principles of justice through
the effective practice of law.

ABOUT THE COMPETITION


The Gavelled National Moot Court Competition stands as the flagship event of our School of Law, dedicated
to hosting a prestigious national-level moot court competition. The primary goal of this competition is
to foster a heightened awareness and interest in the pressing contemporary issues and the ever-evolving
field of criminal jurisprudence. The competition is built around a challenging moot problem that delves
into the conflict between established legal principles and the emerging interests of society in a rapidly
changing landscape.
School of Law, LPU will be organizing Ēhe “5Ēh Gavelled, NaĒional MooĒ CourĒ CompeĒiĒion” on 22nd-23rd
March, 2024.
This year’s moot problem is delves upon a socio-criminal issue faced by innocent people living in our society.
It involves different laws of criminal jurisprudence like the Penal Code, the Evidence Act and Procedural
Code which shall be appealing for young participating counsels to tackle with and they shall argue upon the
same in a real time environment. The proposition is culmination of simple laws mixed with complex
facts which shall challenge the analytical and critical thinking of the students and bring the best out of
them.

5th Gavelled, National Moot Court Competition 02


Glimpse of 4th Gavelled National Moot Court Competition; 2022

Eligibility for Format of


Participation Registration
the Competition

All students enrolled bona fide


The teams are required to duly The Competition comprises of the
in an undergraduate course of
complete the registration by 15th Following Rounds:
Law i.e., 3 Yrs. / 5 Yrs. from any  Researcher's Test (A day prior to
February 2024 (11:59 P.M.) by filling
college or university shall be the oral rounds).
out the following Google form and
eligible for participation in the  Preliminary Rounds (Prelims 1 & 2)
the registration fees shall be
competition. Each College/  Quarter Finals
₹6000/-. If registered by 31st
University/ Institution shall be  Semi Finals
January 2024 (11:59 P.M.), the
allowed to register only one  Grand Finale
registering team can avail, the
team in the Competition.
early decision benefit and the
registration fees shall be ₹5500/-

Registration Link: hĒĒps://www.lpu.in/evenĒs/gavelled/

5th Gavelled, National Moot Court Competition 03


TEAM COMPOSITION
Each team shall consist of three members,
comprising of two speakers and one
researcher. Any alterations in the composition
of the team should be informed to organizing
committee. It is the discretion of the
committee to permit/reject such proposed
alteration. However, any such alteration shall
not be permitted without a satisfactory and
reasonable justification, after the submission of
memorials (Soft Copy). The inability of any
team member to participate in accordance
with the rules of this Competition shall lead to
immediate disqualification of the team from Team of LPU, Stood Runner-Up in
13th AIL Checkmate National Moot Court, 2023
the Competition.

THE MEMORIALS
The Teams shall prepare memorials for both the sides: Petitioners and Respondents. The cover page of the
memorials sent, for both the soft and printed copies, shall clearly mention the word “P” for memorials on behalf of
the Petitioner, and the word “R” for memorials on behalf of the Respondent.
Each memorial should be contained in a single file with the name of the file being the allocated team code followed
by the first letter of the party whose arguments are presented in that Memorial, i.e., an ‘R’ for Respondent(s) and
‘P’ for Petitioner(s). For instance, the respondent(s) memorial of team code 10 should be named as ‘10R’.
To conserve paper, teams may print their memorials on both sides of the A4 sheet and submit accordingly and it is
advised to avoid use of plastic files and Paper files are encouraged.

Contents of the Memorial Evaluation


Memorials must contain not more than a total of 35 The maximum scores for the memorials shall
pages and the following sections should be present in be 100 marks. The memorials shall be
the same order, as stated below- evaluated on the following criteria:
 Cover Page;
 Table of Contents;  Total 100 marks
 Index of Authorities;  Knowledge of Law and Facts: 30 Marfis;
 Statement of Jurisdiction;  Proper and Articulate Analysis: 30 Marfis;
 Statement of Facts;  Extent and Use of Research: 20 Marfis;
 Statement of Issues;  Clarity and Organization: 10 Marfis;
 Summary of Arguments;  Grammar and Style: 10 Marfis
 Arguments Advanced; (Not exceeding 20 pages)
 Prayer
The cover page of the petitioner's memorial shall be Penalties
printed on blue colour A4 size paper, and the cover page  Disclosure of team identity by any means:
of the respondent's memorial shall be printed on Red 5 Marfis
colour A4 size paper.  Exceeding the page limit: 1 Marfi per page
 Violation of formatting rules: 0.25 Marfis
per page
Formatting  Delay in submission of memorial: 1 marfi
The font style and size of the text of all parts of the per hour
Memorial, excluding the Cover Page shall be Times New  Use of any internet sources during Oral
Roman, size 12, 1.5- line spacing. The Footnotes shall be in Rounds: DisqualificaĒion
Times New Roman, size 10, single (1) line spacing.  Scouting: DisqualificaĒion

5th Gavelled, National Moot Court Competition 04


CLARIFICATION
Clarifications to the Moot Proposition may be
sought by sending an e-mail to the Organising
Committee on or before 16th February 2024 (11:59
P.M. IST). Clarifications sent after the provided
deadline shall not be entertained. The
clarifications, if any, will be circulated amongst
the registered teams shortly thereafter.

ORAL ROUNDS
The researcher shall sit with the speakers during the orals and at no point of time the researcher shall
be allowed to speak or address the bench.
Maximum marks for the oral rounds shall be 100 marks per speaker.

KNOWLEDGE OF LAW
20 MARKS

APPLICATION OF LAW TO FACTS


20 MARKS

INGENUITY AND ABILITY TO ANSWER


20 MARKS

STYLE, POISE, COURTESY AND DEMEANOUR


20 MARKS

TIME MANAGEMENT
10 MARKS

ORGANISATION OF ARGUMENTS
10 MARKS

 Each Team shall appear in two Preliminary Rounds.


 The Qualifiers shall be knock-out rounds and the
They shall have to argue as the Applicant and
determination of opponents for the four qualifying
Respondent once each. No two teams shall face each
teams shall be based on their ranking in the Preliminary
other more than once in the preliminary rounds.
rounds.
 Draw of lots shall determine which two teams would
face each Other and the side shall be represented by  The highest-ranking team shall compete with the lowest
each team.
ranking team and same method shall be followed for the
other teams and the Draw of lots shall determine the
 Each team will get a total of 25 minutes to present their
side shall be represented by each team in the knock out
case. This time will include rebuttal and sur- rebuttal
rounds.
time. Non-adherence to time may result in deduction of
marks.  In case of a tie, the team with the higher memorial
score will stand qualified for the final round.
 The division of time per speaker is left to the discretion
of the team subject to a lower limit of 10 minutes per
 Each team shall get a total of 45 minutes to present
speaker.
their case. This time will include rebuttal and sur-
rebuttal time. Non-adherence to time may result in
 For the purposes of qualification from the Preliminary
deduction of marks.
Rounds to the Qualifiers, the top 4 teams shall be
decided on the basis of Wins. In case two or more
 The division of time per speaker is left to the discretion
teams having the same number of Wins then the
of the team subject to a lower limit of 15 minutes per
aggregate Oral Round Scores, and if the tie persists
speaker and upper limit of 30 minutes per speaker.
their memorial scores shall be taken into consideration.

5th Gavelled, National Moot Court Competition 05


 The Winning teams of the Qualifier rounds shall  The division of time per speaker is left to the discretion
compete in the final round. Each team will get a total of the team subject to a lower limit of 15 minutes per
of 45 minutes to present their case. This time will speaker and upper limit of 18 minutes per speaker.
include rebuttal and sur- rebuttal time. Non-
adherence to time may result in deduction of marks.

DRESSING AWARDS
The dress code for the oral rounds shall be an  Winning Team Award – The winning team will
advocate’s attire, i.e., Black and White combination, receive certificate of winning, trophy with a prize
including Blazer, Tie, Formal Trousers and Black money of
Shoes. ₹30,000/-.
 Runner-up Team Award – The runner-up team will
receive certificate of runner up, trophy, with a prize
money of ₹20,000/-.
 Best Speaker will receive a trophy, certificate and a
prize money of ₹10,000/-.
 Best Researcher will receive a trophy, certificate and
prize money of ₹10,000/-.
 Best Memorial -The team submitting the best
Memorial will receive a trophy, Certificate and a
prize money of ₹10,000/-.
 All the participants will be awarded with the
participation certificate.

ANONYMITY
The student counsels shall not state their names during
the oral rounds and must use the assigned team code
for all correspondence. All team members must refrain
from disclosing the identity of their institutions at any
time and in any manner during the entire Competition.
Scouting is strictly prohibited and scouting by any
team shall entail instant disqualification. Non–
compliance with this Rule will result in immediate
disqualification of the team.

FINALITY OF THE DECISION


The decision of the judges with regard to the
outcome of the rounds shall be final. For all purposes
and in any dispute, the decision of the Moot Court
Coordinator of the Competition shall be final and
binding.

31 Jan | 11: 59pm

Early Decision Benefit

15 Feb | 11: 59pm Last date of Registration

20 Feb | 11: 59pm Last date for any clarifications

LPU Students as the Winners of 5th Late Shri Thakur


Kashmir 16 Mar | 11: 59pm Memorial Submission
Singh Memorial National Moot Court Competition, 2023 22/23 Mar | 11: 59pm
Date of the Competition
MOOT PROPOSITION
1. A woman named Meera, aged about 25 years, working in Delhi, was getting engaged to Anoop, who also
happened to be employed in Delhi. Their engagement ceremony was to be in the house of Meera at
Jalandhar Cantt on 4th December 2023.
2. Accordingly, on 1st December 2023, Meera along with her child, (aged 3 years) boarded the Delhi-
Jalandhar Passenger Train at about 5.30 p.m. from Delhi Northern Railway Station to go to her
home. They had boarded the ladies' coach (S2), where other passengers were also present.
3. When the train reached Ludhiana, around 10:05 PM, all other passengers in the ladies' coach had
disembarked and therefore, Meera panicked at the said instance and alighted the train along with them
and hurriedly entered the ladies' coach attached succeeding the last General Coach (S8). The train
reached Phagwara Railway Station at 10:40 pm where it halted for some time.
4. A man, named, Vikram aged 28 years who was also going back home, noticed a girl like Meera, who was
alone in the ladies' coach. As soon as the train had left Phagwara Railway Station and moved
towards Jalandhar Cantt, Vikram entered the ladies' coach.
5. Tony, Tenzin, and Tushar who were also travelling in the general coach which is behind the ladies' coach
(S9). Tony and Tenzin alleged that after the train started from Phagwara they heard the cries of the
women and a child and wanted to pull the alarm chain to stop the train but they were dissuaded by a
middle-aged man named, Mahesh who was standing at the door of the compartment, stated that he saw
a girl falling from the train and that in these circumstances they should not take the matter any further
as the same may drag all of them to Police and the Court. Another passenger, Tushar, said that he
heard multiple bang noises from the other coach.
6. However, when the train reached Jalandhar Cantt Railway Station, Tony and Tenzin rushed to
Balraj Singh, the guard of the train, and complained about the incident which triggered an
investigation, for Meera, her child, and the accused. Eventually, Meera was found in a badly injured
condition lying by the side of the Railway track. The child who was crying inconsolably was found in the
same ladies' coach, and the accused was also apprehended soon thereafter.
7. Meera was taken to the local Hospital whereafter she was taken to the Medical College Hospital,
Jalandhar where she succumbed to her injuries on 2nd December 2023. As per the medical examination
report, the cause of death was multiple injuries on the head incurred as a consequence of her head
hitting the railway track. It was also disclosed that the extracts of DNA from the vaginal smear matched
with the DNA of the accused. Some clotting and nail marks were there on the victim’s body with
injuries on her private parts.
8. During the medical Examination of the accused Vikram, it was found that the accused had also
some clotting around his neck with nail scratch marks on his back.
9. During the investigation, the police got to know that the accused was none other than Vikram who was
the former husband of the deceased. It was further confirmed from the investigation that they got
divorced after the accident which happened 2 years ago in which the accused lost his right arm.
There were a lot of rumours and speculations regarding the split up of the deceased and her husband
Vikram. The deceased was disturbed by this and she also mentioned this to her three friends, Shruti,
Surbhi, and Shraddha. The divorce was the point of discussion between their common friends. It was said
that Meera did this because she was not satisfied due to Vikram’s disability and Vikram also shared the
same opinion.
11. The police recovered the mobile phone of the deceased from Ramesh Yadav who bought it from
Suraj who is a distant friend of Anoop. It is alleged that the accused sold it to Suraj just after the
incident and also confessed to the Police that he ransacked Meera’s belongings and went away from the
place with her mobile phone.
12. Meanwhile, the mother of the deceased informed the police that the child has been scared of Anoop and
starts crying every time he sees him. He also points towards Anoop every now and now and says,
“Mom...Ano..” and starts crying again.
13. Investigation revealed that Anoop acted possessive when it came to Meera when she shared her respect
and care for Vikram on multiple occasions, which she still had even after a mutual divorce. Anoop was
not very accommodating towards the child, a saying in their families.
14. It is in these circumstances that the accused was charged with the commission of offences under
sections 302, 376, 394, and 397 of Indian Penal Code(IPC). The case is listed for trial before Session
Court, Jalandhar on 22nd March 2024.

5th Gavelled, National Moot Court Competition 07


Issues of the Case
 Whether the accused will be held liable under section 302 of IPC?
 Whether the accused will be held liable under section 376 of IPC?
 Whether the accused commit the offences under sections 394 and 397 of IPC?
 Whether the statement of the Child is admissible?
Teams have the liberty to frame any other sub-
issues(s).

Disclaimer
 The facts stated in the moot proposition are fictitious and have been drafted solely for the moot
court competition.
 The names, locations, dates used and the situation described in the proposition have no resemblance to
any person alive or dead, or any event.
 No real incident can be attached to anything contained in this proposition.
 The proposition doesn’t intend to hurt the feelings of any person or any section of society.

ANNEXURE 1
Map Route (New Delhi to Jalandhar)
5th Gavelled, National Moot Court Competition 08
Station wise Map Route (Jalandhar to Phagwara)

ANNEXURE 2
Coach Wise Division

Towards Jalandhar

5th Gavelled, National Moot Court Competition 09


ANNEXURE 3
Picture of Crime Scene

5th Gavelled, National Moot Court Competition 10


ANNEXURE 4
Statements
 Tushar: “I heard multiple loud bang noises on the wall of the toilet adjacent to the ladies’ coach.”
 Tony and Tenzin: “We didn’t see someone jumping from the train but only heard some screams
and we were stopped by Mr Mahesh to check on it.”
 Mahesh: “I saw a Girl falling from the train.”

ANNEXURE 5
POST-MORTEM REPORT FORM
Medical College Hospital, Jalandhar

Conducted By: Dr. Mukul Date: 02/12/23

CASE PARTICULARS

I. (a) Name of deceased and as entered: Meera in the Jail or Police record
(b) Address: Anand Vihar, New Delhi- 110092

II. Age (Approx.): 25 Years Sex: Female

III. Height: 5’6 Weight: 77 Kgs

IV. (a) External Findings:


1. Injuries Sustained on Head, Neck, and Private Parts.
2.Scratch Marks on the Back.
3.Scratch Marks on External Thighs

(b) Internal Findings: (i) Hairline Fracture on the Skull.


(ii) Private Part Injuries.

Receiving by I.O.
Name : Jaswant Singh

Rank : Sub- Inspector

Police Station : Jalan dhar

Date of Collection : 02 / 12 / 23

5th Gavelled, National Moot Court Competition 11


ANNEXURE 6
Call Record Details

Transaction Duration
Caller Number Receiver Name Time
Date (HH:MM: SS)

29th November
+919876543210 Surbhi 01:00:15 01:00 PM
2023

30th November
+919936000032 Anoop 00:40:00 01:00 PM
2023

30th November
+918427943959 Vikram 00:00:40 08:30 PM
2023

30th November
+917534218960 Maya 00:50:15 10:33 PM
2023

1st December
+918427943959 Vikram 00:00:00 02:30 PM
2023

1st December
+918427943959 Vikram 00:00:00 02:32 PM
2023

ANNEXURE 7

CCTV Footage Details Dt: 1st Dec. 2023

Railway Station, Delhi


 Meera was seen waiting at the platform at 4:30 pm.
 Meera was seen entering into the lady’s compartment.

Railway Station, Phagwara


 Vikram was seen getting into the train at 10:40 pm.
 Meera alighted the train and was rushing towards another compartment at 10:41 pm.

Railway Station, Jalandhar


 Vikram was seen going out of the railway station at 11:07 pm.
 Anoop was seen exiting the railway station at 11:09 pm.

5th Gavelled, National Moot Court Competition 11


AUTHORITIES AT
SCHOOL OF LAW LPU
Dr. Ashok Kumar Mittal
Chancellor,
Lovely Professional University

Ms. Rashmi Mittal


Pro Chancellor,
Lovely Professional University

Prof.(Dr.) Sanjay Modi


Pro Vice Chancellor (LFBA)
School of Law, Lovely Professional
University

Ms. Neeru Mittal


Head of the Department
Assistant Professor
School of Law, Lovely Professional
University Moot Court Society at 4th Justice V.R Krishan Iyer Intra-Moot
Court Competition, 2023
Mr. Sunil Kumar
Head of the Department
Assistant Professor
School of Law, Lovely Professional
University

Dr. Shobha Gulati Jain


Moot Court Coordinator,
Associate Professor
School of Law, Lovely Professional
University

ORGANISING COMMITTEE
The Organising Committee (O.C.) shall be
responsible for all administrative matters
concerning the competition and shall supply Office Bearers, MCS at 4th Justice V.R Krishan Iyer Intra- Moot
and distribute all necessary information to the Court Competition, 2023
participating teams. The official email ID for all
the correspondence is Solmootcourt@lpu.co.in

CONVENERS

Arpit Tyagi Reet Parihar Tanisha VijayvergiyaPrabhansu Samiksha Saraf


President, MCS Vice President, MCS General Secretary, MCSSecretary, MCS Treasurer, MCS
+91 98772 66052 +91 88748 69999 +91 6377 671 471 +91 8260557512 +91 9523864682

5th Gavelled, National Moot Court Competition 12


5th GAVELLED NATIONAL MOOT COURT COMPETITION
22-23rd March, 2024
Moot Court Society, School of Law, Lovely Professional University, Punjab

Registration Form

I. Institute Details:

Name & Address of the Institution/University/College

…………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………………………………………

Email Address (Institution/ Director/Dean/Principal)………………………………………………........................................................

II. Details of Speaker – I


Name ………………………………………………..........................................................................................
Gender………………………………………………........................................................................................
Class………………………………………………............................................................................................. Photo
Contact Number……………………………………………….................................................................
E-mail Address……………………………………………….....................................................................

III. Details of Speaker – II


Name ………………………………………………..........................................................................................
Gender………………………………………………........................................................................................
Class………………………………………………............................................................................................. Photo
Contact Number……………………………………………….................................................................
E-mail Address……………………………………………….....................................................................

IV. Details of Researcher


Name ………………………………………………..........................................................................................
Gender………………………………………………........................................................................................
Class………………………………………………............................................................................................. Photo
Contact Number……………………………………………….................................................................
E-mail Address……………………………………………….....................................................................

V. Fee Amount ₹5500/- till 31-01-2024 thereafter late fee application i.e. ₹6000/- per team (including
accommodation)
Payment Gateway details……………………………………………………………………………………….

Seal and Signature of Dean/ Principal/ Director

KINDLY NOTE
Registration form to be mailed at solmootcourt@lpu.co.in (hard copy of the same to be deposited by hand at the
registration desk at the time of competition)
Lovely Professional University(LPU)
Jalandhar-Delhi G.T. Road, Phagwara,
Punjab www.lpu.in

Find us on

You might also like