th ​

10 RCL

National
th th ​28 March - 29

March ​ 2020
Moot Court
Competitio
n

RAYAT COLLEGE OF
LAW
RAYAT GROUP OF
INSTITUTION ROPAR
CAMPUS
Railmajra,S.B.S. Nagar (Punjab)
 (Affiliated to Panjab
University,Chandigarh)

From The Principal’s

Desk

Rayat College of Law, established in 2004, is housed in an independent building at the

Rayat ​Group of Institutions- Ropar Campus. The College has a renowned name in the

field of law education. In addition to quality studies, RCL is widely acknowledged for its

modern and state-of-the-art infrastructure that includes hostels, canteen and mess, medical

care centre, library, WiFi Campus, and playgrounds. Over the years, the college has

proved its mettle and today, it stands out one of the best in India . Situated
​ in village
Railmajra near Ropar in Punjab, it is a part of the extensive 300 acre Rayat ​Technological

Campus. The sprawling campus has a total of six colleges, and RCL is one of them. RCL

provides its students with ample extracurricular activities. This well thought-out strategy

of the college authorities yields multifarious benefits. It brings out the hidden talent of

students, boosts interdisciplinary interaction and confidence, generates awareness and a

sense of competition as also responsibility among students. Frequent National Moot Court

Competitions are held in the RCL to give realistic exposure to law students. Three
​
programs are being offered by the college (I) B.A.LL.B. (Hons.) (II) B.Com. LLB.

(Hons.) (III) LL.b (3 year) . RCL focuses on catering to the corporate world. The prime

objective is to build an intellectual combination of law and commerce which would be

beneficial to the economy of the nation. RCL

​ students have been bringing laurels to the

college by bagging top positions in Panjab ​University Examinations, as well as

extra-curriculum activities and sports thanks to the supportive atmosphere at the college

that acts as a catalyst to inspire students to strive for excellence. Needless to say, for law

aspirants who look forward to study in one of the top- notch law colleges , RCL can be a

dream destination.
 Dr. Monika Sharma
Principal M:
9780872889

1
Rayat College of Law , Ropar has organized 9 Moot Court
Competitions, The objective is to create a platform for testing
the legal acumen and potential of law students globally. RCL
National Moot Court Competition has always witnessed spirited
participation from more than 30 Universities , in all of it’s
previous editions. We have been fortunate enough to enjoy
expertise stellar panel comprising of eminent judges of the High
Court of Punjab and Haryana for the final round while partners
of reputed law firms and experienced advocates from the High
Court of various states served as judges for the preceding rounds
, the legacy of taking RCL National Moot Court Competition to
greater heights with every moot court competition is being
carried forward in its best way.

From The Convenor’s Desk

Dr. Charu Dureja ​Assistant Professor in Law -cum- moot court convener ​2
M: 9888940621

TABLE OF
CONTENTS :
1. DEFINITION....................................................................................4 2.
ELIGIBILITY FOR PARTICIPATION .........................................4 3.
TEAM COMPOSITION..................................................................4 4.
DRESS CODE...................................................................................4 5.
REGISTRATION..............................................................................4 6.
SUBMISSION OF MEMORIAL.....................................................5 7.
CONTENT OF MEMORIALS........................................................6 8.
REGISTRATION..............................................................................6 9.
ROUNDS OF THE COMPETITION ...........................................7-8 10.
IMPORTANT GUIDELINES & PENALTIES............................8 11.
INTERPRETATION & IMPLEMENTATION OF RULES.......9 12.
MISCELLANEOUS..................................................................9-10 13.
CASH PRIZE AND AWARDS....................................................10 14.
ACCOMODATION .....................................................................11 15.
IMPORTANT DATES.................................................................11 16.
ORGANIZING COMMITTEE....................................................12 17.
MOOT PROPOSITION.............................................................14-16 18.
REGISTRATION FORM...............................................................17

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 MOOT
RULES
Rules and Regulations of 10th RCL National Moot Court
Competition,2020 . 1. DEFINITIONS: These rules are to be
called, the Rules for 10 th Rayat College of Law National Moot
Court Competition, 2020. Whereas, Organizer means Rayat
College of Law, Railmajra (Ropar Campus). 2. ELIGIBILITY
FOR PARTICIPATION: The Colleges/ Universities/ Institutes
pursuing with LL.B (Five Year or Three Year Degree Course) in
the current academic year are eligible to participate in this
competition. However, only one team per university/institution
shall be eligible to participate. 3. TEAM COMPOSITION: The
participating College/University/Institute shall nominate one
team consisting of three students for the competition. Each team
shall comprise of three students (two speakers and one
researcher). An observer may accompany the team but no
certificate shall be provided to him/her. In case of any
contingency, the researcher may substitute the speaker only
with the prior permission of the organizer. 4. DRESS CODE:
Participants are required to adhere to the following dress code
 while present in any court room during the competition: LADIES:
White shirt and black pant/black skirt along with black tie, black
coat and black shoes. GENTLEMEN: White shirt, black trousers,
black tie along with black coat and black shoes. Strict
adherence to the dress code is solicited. Failure will result in
disqualification. 5. REGISTRATION: The last date for
registration is February 20, 2020. Participation for the
competition is strictly by registration. Communication for the
same shall be sent on the separate Registration Form annexed
herewith, completely filled and duly signed by the Head of the
participating College/University/Institute along with a draft worth
Rs. 4200/- as Registration Fee on or before 15 February, 2020
(soft copy) and on or before 20 February,2020 (hard copies)
drawn in the favour of The Principal, Rayat College of Law,
Payable at Ropar.

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6. SUBMISSION OF MEMORIAL:
● The participating teams must submit ​Two hard copies ​of
the memorials prepared from both the sides, i.e., “for” and
“against” according to the proposition (6 copies To bring
 with themselves i.e Total Of 8 copies) ,on or before
16/03/2020 ​the participants must send soft copy of the
above stated documents to ​rclmootcourt2016@gmail.com
by ​10/03/2020.
● Each team will be given a code on submission of memorial.
● Copies and Documents submitted shall be the property
of the organization.
● The participating teams will have to report on ​28/03/2020 ​By
9:00 AM ​at Rayat College Of Law, Railmajra.

Guidelines for Formatting:

●Memorial or counter memorial shall not be more than 30 typed

pages.(A4Size),which consists of the format stated below.

●The participating teams are required to prepare written

submission/Memorials from both the sides, total 8 copies of the memorials

will be required to be submitted.

●Memorials and the oral submissions must be prepared and presented ​in

English only.
●The body of the memorial must be ​double line-spaced​, with one inch

margin on both sides and in font size 12 ​(Times New Roman)

●The text of footnotes may be single line spaced. The font size of the

footnotes must be 2 points less than the text font.

 ●Quotations of sources outside of the memorial of 50 words or more in any

part of the memorial shall be block quoted and must be single spaced.
●The cover page of the memorial prepared “for” shall be in Blue.
●The cover page of memorial prepared “against” shall be in Red.
●Name of the college and participants should not be written on the memorial.

●Speakers shall not be allowed to pass annexure to the judges; instead ​the

teams may make a set of compendium of annexure that shall be given to the

judges before the commencement of proceedings.

●The table of contents, Index of Authorities and Case Title are not included ​in

the 30 typed pages limit.

7. CONTENT OF MEMORIALS: The Memorial

shall consist of the following parts:
● Cover page
● Table of contents
● Index of authorities
● Statement of Jurisdiction
● Statement of issues/charge/law points
● Statement of facts
● Summary of pleadings
● Body of pleadings
● Prayer
● Exhibits/ Appendices (Optional)
● Verification
SCORING PATTERN: The assessment of the teams during the
Moot Court Competition shall be out of maximum of 100 Marks set out
as follows:

Sr No. Criteria Marks

1 Memorial 20

2 Application of facts 10

3 Understanding of Law & Procedure 15

precedents
4 Logic & reasoning in application of principles, 20
use of authorities &

8. REGISTRATION All the teams are required to report on

28/03/2020 ​at ​9:00 A.M ​and draw of lots will be observed for the
preliminary round. There will be no exchange of memorials
for the preliminary round.
5 Response to questions & articulation 20

6 Advocacy skills & court manners ​15

 6
9.ROUNDS: There will be four rounds in total
i.e., - PRELIMINARY ROUND OF
ARGUMENTS - QUARTER FINALS -
SEMI-FINALS - THE FINALS
PRELIMINARY ROUND:
● Each team shall have two pre appointed speakers for each round.
●The same speakers shall represent the team in all the rounds.
●The team that will argue first will be decided through a draw of lots.
●Each team will get a total of 20 minutes to present their case and which shall
include the time for 'rebuttal' and 'Sur-rebuttal'. Any extension of time beyond the
specified period shall be subject to the discretion of the judges.
●The division of time between the speakers is the discretion of the team
members, subject to a minimum of 5 minutes for one speaker.
●It is mandatory for both the speakers to present their case in a comprehensive
manner.
●Memorials will not be exchanged for this round.
●The assessment will be based on the scoring pattern provided herein.
●This will be an elimination round. The decision of the sitting judges will be final
●Top eight teams will qualify for the quarter final rounds.
●In the case of a tie, combined total marks of the preliminary round shall be
considered. The team with the higher score will advance to the quarter finals. If the
situation still persists, then it would be resolved by considering the memorial scores.

QUARTER FINAL ROUND:

●Qualification to the quarter final round will be based on win points.
●The team that will argue first will be decided through a draw of lots.
●Each team will get a total of 20 minutes to present their case which shall include
the time for 'rebuttal' and 'Sur-rebuttal'. Any extension of time beyond the specified
period shall be subject to the discretion of the judges.
●The division of time between the speakers is the discretion of the team
members, subject to a minimum of 5 minutes for one speaker.
●It is mandatory for both the speakers to present their case in a comprehensive
manner.
●Memorials will not be exchanged for this round.
●Top Four teams will qualify for the semi final rounds.

SEMI FINAL ROUND:

●The top four teams will qualify for the semi final round.
●The team to argue first shall be decided through a draw of lots.
●Each team will get a total of 25 minutes to present their case which shall include
the time for 'rebuttal' and 'Sur-rebuttal'. Any extension of time beyond the specified
period shall be subject to the discretion of the judges.
●The division of time between the speakers is the discretion of the team
members, subject to a minimum of 10 minutes for one speaker.
●It is mandatory for both the speakers to present their case in a comprehensive
manner.
●Memorials will not be exchanged for this round.
 ●The decision of the judges as to the marks allotted to any team shall be final.
●The two winning teams from semi-final round will make it to the final.

FINAL ROUND:
●The team that will argue first shall be decided through a draw of lots.
●Each team shall get a total of 30 minutes to present their case. This time will
include the time for 'rebuttal' and 'Sur-rebuttal'.
●The division of time between the speakers is the discretion of the team
members, subject to a maximum of 15 minutes for one speaker.
●The memorials for this round will be exchanged as soon as the result of the semi-
finals is declared.
●In case of any tie, the decision of the judges shall be final.

10. IMPORTANT GUIDELINES AND PENALTIES: 1.

Participants are expected to observe a proper dress code
and make their own arrangements for coats, ties. 2.
Students shall not interact with the judges or reveal their
identities or the identity of their respective college. Any such
attempt shall result in instant disqualification. Colleges will
identify themselves to the judges only by the codes given to
them at the time of submission of Memorials. 3. The
language of the court shall be English. 4. The court will follow
its own rules of procedure within the

8
 framework of accepted norms of judicial practice. On
questions of doubt or dispute in the matter of procedure of facts,
the decision of the court shall be Final. 5. Every team must
maintain complete dignity and decorum in the Courtroom.
Inappropriate behaviour in the Courtroom or blatant disregard
for the procedures will result in instant disqualification or
defaulting team will be incurred the penalty of 5 points, as per
the decision of the presenting judges. 6. Scouting in any manner
is strictly prohibited. 7. No team member or person directly
associated with any team is permitted to attend any round in
which the said team is not participating during preliminary
rounds. 8. Each participant must possess his/her I-card on the
day of
the competition. 9. Prior information for the
hostel facility is solicited.

IMPLEMENTATION AND INTERPRETATION OF RULES: ​-Regarding

competition practice and rocedures, the ​final decision on the

interpretation and implementation of rules lies with the

organizers. -The
​ Organising Committee reserves the right to
amend/change the rules & regulations with prior notice to all

registered teams. 11.

​ MISCELLEANEOUS: * Upon
completion of the competition, the organising
committee reserves the exclusive right to use the
memorials submitted to them, as they deem appropriate. *
The Organising Committee reserves the right, at its sole
discretion, to take appropriate action for any unethical,
unprofessional and wrongful conduct during the entire period
of the competition.

9
* Participating teams should carry with them required study
or reference materials for their own use during the competition. *
Participating teams shall be expected to maintain the proper
decorum of the courtroom during the proceedings and shall
conduct themselves in a manner befitting the legal profession. *
The Organising Committee reserves the right to amend, modify
or repeal any of the rules if so required and as they deem
appropriate. Participating teams shall receive adequate notice
of any/all such amendments or modifications to the rules. *
The Organising Committee shall not be held responsible for
any loss or non-delivery of the memorials.

CASH
PRIZE:

1ST PRIZE: Rs.

5000/-

2nd PRIZE: Rs.

3500/-

BEST MEMORIAL: Rs.

2500/-

BEST MOOTER: Rs.

 2500/-

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12.ACCOMODATION 1) The accommodation for all the
participating teams shall
be provided on 28 March 2020. 2) Travel of the
teams from outstation and to/from venue of
the Competition must be at team's own expense. 3) The
maximum of two members are allowed to participate
in the Competition. No teams coaches shall be allowed to
accompany the teams or to witness their rounds. 4) The
participating teams are requested to carry their own
set of lock and keys for the accommodation. 5)
Internet facility shall be provided to the teams at their
respective accommodation. 6) The teams
coming by their own conveyance shall be
allowed to park their vehicle on the campus. 7)
Rayat Group of Institutions is a non smoking campus.
No participating team shall indulge in smoking, drinking or
any other objectionable activities otherwise team shall be
disqualified.

IMPORTANT
DATES
Ÿ ​Last date for Registration: Thursday,20th February 2020

Ÿ ​Last Date for seeking Clarifications: Tuesday, 10th March 2020

Ÿ ​Last date for submission of

soft copy of Memorials: Tuesday, 10th March 2020

Ÿ ​Submission of hard copies of

Memorials and Registration Form: Monday, 16th March 2020

Ÿ ​Date of Arrival: Saturday, 28th March 2020

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ORGANIZING COMMITTEE
FACULTY CO-ORDINATOR:
Ÿ ​Dr. CHARU DUREJA ​(​Assistant Professor in Law
cum- Moot Court Convener)
Ÿ ​Miss. RAJNI BALA ​Ÿ ​Miss. SHAVNAM ​Ÿ ​Miss .
BALJEET ​STUDENT CO-ORDINATORS:
 Ÿ Ÿ ABHISHEK
​ MAINI ​EDWARD GEORGE Ÿ
​

NITISH RAJORIA ​Ÿ ​PURVA JUNEJA MOB:

​
9888940621 FOR QURIES CONTACT (FACULTY)
:
MOB: 9530626184 MOB: 9646651686
MOB:7347693097
MOB:7889188330 MOB:8146355565 MOB:
9646586172 MOB: 7009135008
RAYAT GROUP OF INSTITUTES
(6 kms from Ropar on Chandigarh- Ropar-Jalandhar
Highway) V.P.O:- Railmajra, District. Ropar, Punjab-
140001 Phones: 01881-270500, 270691, 270693 Fax:
01881-270501
E-MAIL: ​rclmootcourt2016@gmail.com ​WEBSITE:
www.rgi.org.in/law-colleges-ropar-punjab/
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MOOT
PROPOSITION
Ÿ ​The Appellant Ronit Aggarwal (original Respondent) immigrated to U.S.A. in the
year 1994 and obtained a green card. The Appellant became a naturalised US citizen.
The marriage between him and Ananya Sharma, the Respondent was solemnized on
21st November, 2002 according to Sikh Rites and ceremonies. The marriage was
registered under Hindu Marriage Act, 1955 on the same day and the Appellant
returned to U.S. The Respondent went to U.S.A. in the year 2004. Ÿ ​ ​From the very
beginning of marriage, behaviour of Respondent towards the
Appellant was not up to the mark. Ananya immigrated to the U.S. and after that her
permanent resident card (green card) was processed; she lived with the Appellant in
Pennsylvania. In September, 2004, the Respondent took up employment with McCarter
Theatre in Princetown, New Jersey. Ÿ ​ ​After marriage, he earned money by putting up
hard labour and provided all the
necessities of life to the respondent as per his status and income. The appellant in
good faith deposited huge amount in joint accounts opened by them in India, but the
respondent showed her dishonest intention. Ÿ ​ ​However, Ananya house wife and
always remained at home as she was not
gainfully employed. In spite of that, respondent did not perform her matrimonial
obligations. She often refused to cook food and to wash clothes, as a result of which
petitioner himself used to perform domestic work. In October, 2005, Ronit
purchased another town home in Pennington, New Jersey. In December, 2007,
Ananya acquired US citizenship. Ÿ ​ ​In July, 2008, Ronit purchased a new house in
Manapalan, NJ, which was the
marital home of the parties. In his absence, respondent used to leave his house
without permission and information and on objection, the respondent started quarreling
with him. The petitioner made efforts to convince the respondent to behave like a good
wife but she never bothered for him and she used to abuse and insults him in the
presence of relatives and visitors to his house. However, the petitioner kept on bearing
humiliation under the hope that better sense would prevail with the passage of time.
He again requested the respondent to join him and not to do any illegal act, but to no
avail. Hence, she has treated the petitioner with cruelty and has withdrawn from the
society of the petitioner for a continuous period of three years for the sake of money.
Now petitioner apprehends danger to himself and his son's life and he does not
consider safe to live with the respondent. ​Ÿ ​On 29th October, 2008 Ananya gave birth
to son Reyansh. Ananya came to India
along with her son Reyansh to attend marriage of her sister in March, 2012. Ronit
also visited India on 13th April, 2012 and returned to U.S. alone.

13
Ananya did not return to the U.S. thereafter and made an attempt to withdraw the
amount, about which the petitioner got information and he foiled her attempt. In
addition to this, the Respondent alleges that Appellant started giving theats- “Don't
touch my money or you'll face dire consequences”. Ÿ ​ ​On 5th November, 2012
Ananya filed petition in the Family Court, Ludhiana. On
21st February, 2013 Ronit filed the proceedings in the Court of New Jersey for the
divorce and custody of his son, Reyansh. It transpires that on 22nd March, 2013 and
16th April, 2013, the Court in New Jersey issued certain directions as regards the
custody of the child holding that the New Jersey Court had jurisdiction over the issue
​ ​In the meanwhile, Ronit
of custody of the child while enforcing its child jurisdiction. Ÿ
filed an application on 22nd March, 2013 challenging the
jurisdiction of the Indian Court under section 9-A of the Civil Procedure Code. Ananya
filed her say to the application on 16th April, 2013 and by an order dated 14th June,
2013, the learned Judge of the Family Court, Ludhiana dismissed the application. Ÿ ​ ​In
the application the Appellant Ronit submitted that the Respondent Ananya had filed
instant proceedings surreptitiously and sought permanent and legal custody of the son
Reyansh. That the Appellant was compelled to challenge the territorial jurisdiction of
the Family Court on the basis of being U.S. citizen and being domiciled in U.S. prior to
the marriage. Ÿ ​ ​The Appellant contends that the Respondent went to New Jersey,
USA, and her matrimonial home since 2004 where she of her own accord had applied
for U.S. citizenship on 8th December, 2007 and that it was done with the intention to
reside permanently in U.S. The Appellant and the Respondent last resided in New
Jersey, U.S. Ÿ ​ ​The application was opposed by the Respondent vide her reply dated
16th April, 2013 in which the Respondent contended that a person can be a citizen of
any country but may be domiciled in some other country. Initially the law was that
​ ​Lastly, she contends that prior
domicile of a wife is that of domicile of the husband. Ÿ
to marriage; she was a resident of India. She was married in India as per Sikh Rites
and ceremonies and that after going to U.S. she had returned to Ludhiana, India on
23rd March, 2012. She has filed the petition on 5th November, 2011, that is, 8 months
after returning to India. She contended that after her sister's marriage, she informed
the Appellant of her decision to permanently stay at Ludhiana and not go back to U.S.
and that she was domiciled in Ludhiana and she had enrolled her son in a school at
Ludhiana. She also intends to use the money in the joint accounts which was majorly
deposited by her own hard work, working as a graphic and web designer.

14
Ÿ ​The Respondent contends that the Appellant was aware of the fact that she
wanted to remain back in Ludhiana ever since and use his money in the joint account
for her own. Also, she did not return back and were talking to each other and
communicating through calls. The Appellant was aware that the Respondent had no
intention of returning since the Respondent secured admission for the child in a School
at Ludhiana and had been talking frequently about this fact. Accordingly, the
Respondent opposed the application. The learned Judge of the Family Court vide the
impugned order rejected the application. Neither party sought to lead oral evidence. ​Ÿ
Having chosen to be domiciled in the United States she also gave up her domicile
in India. It was submitted that although the respondent had filed a petition in Family
Court at Ludhiana on 5th November, 2012 and on 6th November, 2012 ex-parte order
came to be passed against the appellant, it was communicated only to the appellant on
7th November, 2012. Ÿ ​ ​The respondent has instituted appropriate proceedings in New
Jersey Court on
19th February, 2013 and on 21st February, 2013 the New Jersey Superior Court
passed an order in favour of the appellant directed the respondent to bring child
Reyansh to the United States of America Embassy or Consulate in Delhi, India within
seven days of execution of the order and to surrender United States Passport and
OCI card of the child and that child Reyansh be not removed from custody of the
appellant till further orders of New Jersey Court. Meanwhile the respondent did not
appear in the Court at United States and in April 2014 certain injunctions were
passed against the respondent. Ÿ ​ ​Thereafter, on 14th January, 2014 New Jersey
Court passed a final decree of
divorce, child custody and distribution of the matrimonial property.
The questions raised are- 1.Whether the trial Court could have decided the issue
of jurisdiction in the manner done in the present case or whether it should have
framed a formal issue and thereafter proceeded to hear the application

2.Whether the concept of intended domicile would prevent the

respondent from initiating the proceedings in India.

3.Whether the marriage according to the provisions of Hindu

Marriage Act and mere registration under the Act does not entail applicability of
the Hindu Marriage Act to the appellant husband.

SLP be filed and arguments to be advanced for both Appellant and Respondent.
Counsels can add more issues.

15
Rayat College of Law ​Railmajra , Ropar, 140001,Punjab, Phone-01881-270500,
Fax-01881-270501
REGISTRATION FORM

10 th RCL NATIONAL MOOT COURT COMPETITION, 2020

Name of 1st speaker Father’s name

Date of Birth Gender Class Mobile no.
email

Name of 2nd speaker Father’s name

Date of Birth Gender Class Mobile no.
email

Name of Researcher Father’s name

Date of Birth Gender Class Mobile no.
email

Accommodation required- Yes/ No

Please Specify dates for which accommodation is required ---

Name, Address and Contact No. of University/Institution/College.........................

................................................................................................................................

................................................................................................................................ Pin
Code

Email Adress
Signatures

1.​2.3.

Seal and Signatures of Principal / Head of Institute

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