Progressive Education Society’s

Ganeshkhind, Pune - 16

17 TH

"SHANKARRAO KANITKAR
NATIONAL
MOOT COURT COMPETITION"

13 - 14 Jan 2023

www.modernlawcollege.org
kanitkarmoot.mlc@gmail.com
Savitribai Phule Pune University Circle, Pashan Road, Ganeshkhind, Pune - 411016
 PROF. DR. GAJANAN EKBOTE
Chairman,
Progressive Education Society, Pune

PROF. SHAMKANT DESHMUKH PROF. JYOTSNA EKBOTE

Secretary, Joint Secretary,
Progressive Education Society, Pune Progressive Education Society, Pune

ADV. DR. CHINTAMANI GHATE DR. SUNITA ADHAV

Coordinator, Principal,

Pune
Pune

ASST. PROF. PRAJAKTA ASST. PROF. VAISHNAVI

PIMPALSHENDE , DESAI- UGALE,
Convenor, Convenor,

PUNE
PUNE
+91 8668903451 +91 9960097704

STUDENT COORDINATORS

MS. NIDHI RAO MR. VIBHANSH AGARWAL

+91 9370136583 +91 8237811594
ABOUT THE COLLEGE
Progressive Education Society’s, Modern Law College, Pune 16 is one of the premier legal educational

institute in Maharashtra situated close to the “Oxford of the East” the Savitribai Phule Pune University.

Established in 2003, Modern Law College has carved a niche for itself. Permanently affiliated to the

Savitribai Phule Pune University, recognised by the Bar Council of India, U/S 2(f) 12 (B) of UGC Act, 1956

and accredited by NAAC Bengaluru, the College stands as one of the best law colleges in Pune. œ

All the courses are approved by University, which include LL.B. (3 years), B.A. LL.B and B.B.A. LL.B (5

years), Masters in Laws (LL.M.); along with various Diploma programs and iCertificate Courses. The

College is recognised as a PhD. Research Centre by Savitribai Phule Pune University, Pune.

The academic excellence is manifested from the results of the students of PES Modern Law College, not

only in academics but also sports and co curricular activities. The students have won laurels for the

college in various state and National level competitions. PES Modern Law College also accommodates

several foreign students from countries like Iran, Sri Lanka, Afghanistan, Thailand, and South African

continent etc. with special attention to their orientation, counselling and problems faced in studies.
 SHANKARRAO KANITKAR
NATIONAL MOOT COURT
COMPETITION
P.E.S. Modern Law College, gives adequate opportunities to its students for development of
knowledge based skills besides the academic curriculum. The Moot Court Competition
gives the law students the opportunity, for the drafting of briefs (or memorials) and
participating in oral argument. It provides them a real live court room experience and tests
their advocacy skills. Comprehending this thought, Modern Law College, Ganeshkhind,
initiated the Moot Court Competition for the first time in the year 2006. This Moot Court
Competition is named after Late Shri Shankarraoji Kanitkar, who is one of the founders of
Progressive Education Society, of which Modern Law College is a creation. This Moot Court
Competition is one of the most prestigious extracurricular activities in of the Law College.
Modern Law College, annually organizes the Shankarrao Kanitkar Moot Court Competition.
This Competition mainly deals with the current issues of the society which require social
awareness and immediate concern. In the beginning for 9 year it was organised at State
level and provided a platform to all the Law Students from all over the State of
Maharashtra. In the 10th year of the competition Shankarrao Kanitkar Moot Court
Competition was organised at national level and received the huge response from all over
the country. It provides a platform to all the Law Students from all over the country to
actively contribute in the pursuit of Knowledge.

Participants of the 14th Shankarrao Kanitkar National Moot Court Competition

17th SHAKARRAO KANITKAR NATIONAL MOOT COURT COMPETITION
MOOT PROBLEM - 1

A v/s Secretary of Health and Family Dept.

A, was a 24 yr old single woman, having 3 sisters and a mother living in Banipur. She met B, a
28 yr old man and they had a live- in-relationship.
During the cohabitation, A conceived their child. Due to this A asked B, to marry her for
legitimizing their child. However despite multiple requests from A, B refused to marry her.
Already plagued with responsibilities, A did not want to add up to her troubles by being a single
Mother.
A approached to the High court for seeking permission to terminate her 22 week pregnancy out
of consensual relationship.
High Court denied her permission by reference to the provisions of the Medical Termination of
Pregnancy Act 1961, which allowed only married woman to undergo abortion after 20 weeks.
She was not covered in any clauses under MTP Rules, 2003 on account of mental anguish, rape
and health complications.
She approached the Supreme Court on grounds of social stigma & harassment pertaining to
unmarried single parent & continuation of unwanted pregnancy as it would involve a risk of the
grave & immense injury to her mental ,Physical, social and financial health.

Issues:-
1. Whether the rule 3B of MTP Rules 2003 is violative of Article 14 of the Indian Constitution since
it excludes an unmarried woman & deprives her access to safe & legal abortion?
2. Whether denial of Right to abortion violates the right to privacy under provisions of Constitution
of India?
3. Any relevant issue

(Note- This moot problem has been drafted for academic purpose only. All laws and judicial
precedents applicable in India are applicable in this problem)
17th SHAKARRAO KANITKAR NATIONAL MOOT COURT COMPETITION
MOOT PROBLEM - 2 (Final Round)

Mr Aloknath Patil v. Dep. Speaker, Maharajya Legislative Assembly

Aryana is the largest democratic country whose laws are similar with that of India. There are
many national as well as regional political parties contributing towards national politics. The
State of Maharajya is one of the prosperous States of Aryana.
In the year 2019, during the Maharajya Legislative Assembly elections, People’s Party and
Garjana Party contested the election jointly under the Royal alliance.
There were two other Political parties who fought as Forward alliance. Due to power sharing
conflict, People’s Party and Garjana Party could not form the Government amicably. As a
result, Garjana Party formed an alliance with the parties in the forward alliance and formed a
separate “Maha forward alliance”.
In the month of June of 2022, one of the MLA’s from Garjana party, Mr. Aloknath Patil,
claimed of having gathered the support of two-third MLAs declared himself as a leader of
Garjana Party.
Meanwhile, the leader Mr. Sudhav Akhade who was the leader of Garjana Party called for an
emergency party meeting in which the rebel Mr. Aloknath Patil and his supporting MLAs
remained absent.
Hence Mr. Sudhav Akhade as a result of clear rebellion urged for the disqualification
proceedings to be initiated against Mr. Aloknath Patil and his supporting MLAs for defecting
from Garjana Party and it was approved by the Deputy Speaker of the Maharajya Legislative
Assembly.
On the same day, two independent MLAs moved a no confidence motion against the Deputy
Speaker.
The Deputy Speaker gave the rebellion MLAs two days to respond to the disqualification
notice. In course of time, a no confidence motion was passed against the Forward Alliance as a
result of the defection of Mr. Aloknath Patil and his supporting MLAs.
Subsequently Mr. Aloknath Patil and his supporting MLAs formed an alliance with the People’s
Party & proceeded to form the Government in the State of Maharajya.
Mr. Aloknath Patil and his supporters challenged the disqualification proceedings before the
Apex Court.

Issues:
1. Does the rebellion by Mr. Aloknath Patil and his supporters amount to defection?
2. Is the MLAs’ rebellion an exercise of inner-party democracy or a unconstitutional of defection?
3. Any relevant issue.

Note: Aryana is a democratic Country like India and all Indian laws/rules/regulations are similar
and applicable to Aryana.
Disclaimer – This moot problem is imaginary. Any resemblance with any fact, case, person or
character is merely coincidental.
 Progressive Education Society’s
Modern Law College
Ganeshkhind, Pune 16
17th SHAKARRAO KANITKAR NATIONAL MOOT COURT COMPETITION
*All participants are requested to give only one email id

Name of the College: _______________________________________________________________________

_______________________________________________________________________

Address of the College: _______________________________________________________________________

_______________________________________________________________________

Telephone Number: _________________________________Fax:___________________________

Email ID: _______________________________________________________________________

DETAILS OF THE PARTICIPANTS

Name of the First Speaker _____________________________________

Class _____________________________________ Photo of First

Speaker
Roll No _____________________________________

Mobile No _____________________________________

Name of the Second Speaker _____________________________________

Class _____________________________________

Roll No _____________________________________
Photo of Second
Mobile No _____________________________________ Speaker
Name of the Researcher _____________________________________

Class _____________________________________

Roll No _____________________________________

Mobile No _____________________________________

Name of Moot Court Faculty In-charge: _____________________________________ Photo of

Researcher
Mobile No: _____________________________________

Payment details- Kindly refer to the Rules

Transaction ID- ______________________________

COLLEGE SEAL HEAD OF THE INSTITUTE SIGNATURE

 17th SHAKARRAO KANITKAR NATIONAL MOOT COURT COMPETITION

1. Date: January 13th – January 14th , 2023

2. Venue: Modern Law College, Ganeshkhind, Pashan Road, Pune, 16.
3. Language: The written and oral submissions shall be in English only.
4. Eligibility: Regular bonafide students of recognized Law Colleges/Institutes/University
(Only students from amongst the undergraduate five-year integrated degree and three-year
Law Degree programmes)
5.Dress Code: As per the rules of Bar Council of India (Gowns and Bands Not Allowed)
6. Team Composition: The team should consist of Two Speakers and one Researcher. Total
Three Participants only.
7. Registration: The teams must register on or before 5th December, 2022. Registration Fees: Rs.
1500/- per team. Students should download the registration form from the link given below,
manually fill, scan and email it to kanitkarmoot.mlc@gmail.com The registration fee can be paid
through Demand Draft, drawn in favour of Principal, Modern Law College, payable at Pune or by
Online Mode (NEFT Only)
8. Mode of payment: ONLINE Account details-
Beneficiary name- Principal, Modern Law College
Name of the Bank- IDBI Bank
Name of the branch- Aundh branch, Pune
Account type- Savings Account
Account no- 062104000055550
IFSC/ RTGS code- IBKL0000062 MICR code- 411259003
9. Kindly mention your transaction details on Registration form and attach the Receipt of
Transaction with the Registration Form
10. Bench: Two judges for preliminary round and semi – final round and three judges for
final round.
11. Memorials: For preliminary round: (Problem 1)
a. Four copies of each side (Petitioner and Respondent), spiral bound memorials.
b. The cover page of the Memorial must follow colour scheme i.e. Blue for petitioner/
appellant and Red for respondent.
c. Typed on A4 size paper with one side printing not exceeding 20 pages, font size 12
(Times New Roman) line spacing of 1.5.
d. Memorials should be submitted online in pdf format till 26th December and in hard
copy till 5th January 2023.
 For final round: (Problem 2)
a. Four copies of each side (Petitioner and Respondent), spiral bound memorials.
b. The cover page of the Memorial must follow colour scheme i.e. Blue for petitioner/ appellant and
Red for respondent.
c. Typed on A4 size paper with one side printing not exceeding 20 pages, font size 12 (Times New
Roman) line spacing of 1.5.
d. Memorials should be submitted online in pdf format till 26 th December 2022. Participants should
carry the hard copy of the memorials along and would need to submit them if they are qualified for
the final round on the declaration of results of the semi-final round.
d. Contents of the cover page-
i. Name of the college
ii. Name of the University
iii. Name of the participants
iv. The memorial must contain:
Title Page
Table of Contents,
Statement of Jurisdiction,
Statement of Facts,
Statement of Issues,
Statement of Arguments
Prayer Clause and Bibliography

e. Memorials not in the prescribed format shall be rejected.

f. Memorials will not be returned to the participants. Participants who wish to submit the
compendium should carry it along and submit the same at the time of the competition.

12. Conduct of Moot Court

a. In the preliminary rounds, each team (both speakers) shall compulsorily present oral arguments
for the side allotted to them (either Petitioner or Respondent)
b. Teams will be given codes in alphabetical order (according to the order of
registration)
c. In the preliminary round each team will be allotted 20 minutes (16 minutes for arguments and 4
minutes for rebuttal and answering questions asked by judges. The rebuttal cannot be claimed as a
matter of right).
d. The final round will comprise of the top four teams of preliminary rounds.
e. The proceedings of the Moot Court Sessions may be video recorded. All rights in
this regard shall be reserved with Modern Law College.
 f. Host team shall not be considered for the Prizes even if they participate.
g. The Competition starts at 9.00 a.m.
h. Lots shall be drawn for the final round. Team shall (Speaker 1 and 2) present the side allotted
to them through draw of lots (either petitioner or respondent)
i. Each team shall be allotted only 20 minutes to argue in the semi- finals and 30 Minutes in
finals. Exceeding time limit will result in loss of marks. Utilization of time amongst team members
is discretion of team.

13. Marks
Written Submission/ Memorial 20 Marks
Substance in Argument 30 Marks
Advocacy Skills 30 Marks
Questions from the Bench 10 Marks
Time Adherence 10 Marks
Total 100 Marks

14. The decision of the judges shall be final, and no disputes shall be entertained in
this regard. Personal Interaction with judges is strictly prohibited.

15. In case of a tie, memorial marks will be considered to determine the winner.

16. The Organizers reserve the right to take appropriate action for any unethical,
unprofessional, and immoral conduct.

17. The Organizers decision as regards the interpretation of rules, situation which is
not contemplated in the rules or any other matter related to the competition will be final.

18. Prizes:
First Rs. 10000 /- Cash + Trophy + Certificate
Second Rs. 7000/- Cash +Trophy + Certificate
Best Speaker Rs. 5000/- Cash + Trophy + Certificate Judge’s Special Appreciation
Certificate (2)

20. Dates to Remember:

a. 5th December 2022- last date for registration.
b. 26th December 2022 - 11.59 p.m. - submission of online memorial (PDF format)
c. 13th and 14th January 2023- Date of competition

21. For further information and notices please log on to www.modernlawcollege.org

22. For any queries kindly mail us at E-mail: kanitkarmoot.mlc@gmail.com

23. Registration Link: https://modernlawcollege.org/moot-court-competition/

 Progressive Education Society’s

Ganeshkhind, Pune - 16

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