Ansal University National Moot Court Competition, 2020

TEAM CODE-AU 31

IN THE HON’BLE SUPREME COURT OF ABIBI

(FILLED UNDER THE ______)

{Note: Mention the section/ article under which the jurisdiction of court falls.}

IN THE MATTER OF

Adil Khan …APPELLANT

VERSUS

Union of Abibi ... RESPONDENTS

SUBMISSION BEFORE THE CHIEF JUSTICE AND HIS COMPANION JUDGES OF DELHI
HIGH COURT JUDICATURE AT NEW DELHI

MEMORIAL ON BEHALF OF RESPONDENT

DRAWN AND FILED BY THE COUNSELS FOR THE APPELLANT

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TABLE OF CONTENTS

S. No PARTICULARS PAGE NO.

1. LIST OF ABBREVIATIONS
2. INDEX OF AUTHORITIES
3. STATEMENT OF JURISDICTION

4. STATEMENT OF FACTS

5. ISSUES RAISED
1. ISSUE 1
2. ISSUE 2
(Issues can be 1 or more, it depends upon the moot preposition as well.)
6. SUMMARY OF ARGUMENTS
7. ARGUMENTS ADVANCE/WRITTEN SUBMISSIONS
8. PRAYER

NOTE: A tabular presentation is always preferred. Mention the page numbers accordingly.

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LIST OF ABBREVIATIONS

SC Supreme Court
HC High Court
IPC Indian Penal Code
AIR All India Reporter
Sec. Section
U/S Under Section
SCC Supreme Court Case
FIR First Information Report
UOI Union of India
V/s Versus
CrLj Criminal law journal
Hon’ble Honorable

NOTE: Only universally accepted abbreviations to be used.

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INDEX OF AUTHORITIES

Includes all the resources which are used in the researcher in namely under these sub headings:

1. Cases
i. The case title is written in the body of the text i.e. only the name of the case shall
be in the text and the citation is written in the footnote.
Eg. Keshavananda Bharathi v. State of Kerala.1
ii. If the name and citation are to be written in the footnote itself: Kesavananda Bharati
v. State of Kerala, AIR 1962 SC 933.
iii. If parties to a case are numerous, for e.g. State of Punjab v. Union of India and
others; this case is to be cited as: State of Punjab v. Union of India (1977) 3 SCC
592.

2. Books
A. FOR AN AUTHORED BOOK
(i) By a single author:
Name of the author, Title of the book p.no. (if referring to specific page or pages)
(Publisher, Place of publication, edition/year of publication).
E.g. M.P. Jain, Indian Constitutional Law 98 (Kamal Law House, Calcutta, 5th
edn.,
1998).
(ii) By two authors:
Name of the authors, Title of the book p.no. (if referring to specific page or pages)
(Publisher, Place of publication, edition/year of publication).
E.g. M.P. Jain and S.N. Jain, Principles of Administrative Law 38 (Wadhawa,
Nagpur,

1
AIR 1973 SC 1461.

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2001).
(iii) By multiple authors (more than two):
Name of the first two authors, et.al., Title of the book p.no. (if referring to specific
page or pages) (Publisher, Place of publication, edition/year of publication).
E.g. Jerry L. Mashaw, Richard A. Merrill, et.al., The American Public Law System
–
Cases and Materials 50 (West Group, St. Paul, MN, 1992).

B. FOR EDITED BOOKS

(i) By a single editor:
Name of the editor (ed.), Title of the book p.no. (if referring to specific page or
pages)
(Publisher, Place of publication, edn/year).
E.g. Susan A. Bandes (ed.), The Passions of Law (New York University Press, New
York, 1999).
(ii) By two editors:
Name of the editors (eds.), Title of the book p.no. (if referring to specific page or
pages) (Publisher, Place of publication, edn/year).
E.g. S.K. Verma and Raman Mittal (eds.), Intellectual Property Rights: A Global
Vision 38-42 (ILI, Delhi, 2004).
(iii) By more than two editors:
Name of the editors, the first two only, et.al. (eds.), Title of the book p.no. (if
referring
to specific page or pages) (Publisher, Place of publication, edn/year).
E.g. Chatrapati Singh, P.K. Coudhary, et.al. (eds.), Towards Energy Conservation
Law 78 (ILI, Delhi, 1989).
(iv) By, or an auspices of, an organization/institution:
Example:
Indian Law Institute, Index to Indian Legal Periodicals (ILI, Delhi, 2002).

3. Legislations (Acts/ statues referred)

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The Information Technology Act, 2000 (Act 21 of 2000).

The Indian penal Code,1860 (Act 45 of 1860).

4. Reports
Example:
 Law Commission of India, 144th Report on Conflicting Judicial Decisions
Pertaining to the Code of Civil Procedure, 1908 (April, 1992).

 Government of India, Report of the Committee on Reforms of Criminal

Justice System (Ministry of Home Affairs, 2003).
5. Legal Databases
Example:
 SCC Online
 Lawsuits
 Manupatra
6. Lexicons (Legal dictionaries referred if any.)
Example:
 Garner, Black’s Law Dictionary (West Law, 9th Edition/2012).
7. Websites
If the website gives information as to when it was last modified, the same must be cited. If
not, then the author must indicate the date of visiting the website.

 E.g. Information Technology Act 2000, India, available at:

http://www.mit.gov.in/itbill.asp (Last Modified July 29, 2003).

 E.g. Information Technology Act 2000, India, available at:

http://www.mit.gov.in/itbill.asp (last visited on July 29, 2003).
NOTE: -

Uniform citation method has to be followed. Citation is crucial part of memorial; it should be in
correct format. Citation helps to determine the source of cases, statutes or other materials.

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Also, the number of citations used determines the quality of research.

STATEMENT OF JURISDICTION

Refers to the authority of the court under which this case is filled. In other words, it is the article/
section which are quoted to make the writ/petition maintainable in Court. The statement of
jurisdiction can be quoted as:

The Respondents have approached the Hon’ble High Court of Delhi under the jurisdiction
invoked by the applicant.

The section/article (mention the article/section) reads as follows:

“…………………………………………………………………………………………………………..”

EXAMPLE

Now suppose that article/ section to be Article 136 of the Constitution Of India, 1950.The the
statement of jurisdiction will be:

The Respondents have approached the Hon’ble Supreme Court under Article 136 of
Constitution of India, 1950.

The Article 136 reads as follows:

“(1) Notwithstanding anything in this chapter, the SC may, in its discretion, grant special leave to
appeal from any judgment, decree, determination, sentence or order in any cause or matter passed
or made by any court or tribunal in the territory of India”

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STATEMENT OF FACTS

It consists of brief summary of the moot problem talking about the relevant parts from the
Respondent/Applicant.

Tips:

 It should be precise.
 Statement of facts should not exceed one page.
 It should contain relevant part of moot problem.
 It can also be in the form of Paragraph.
 Going beyond the facts is prohibited.
 Facts remains same from both sides with special emphasis to the favoring side.

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STATEMENT OF ISSUES

The statement of issues must contain logical placed question of law regarding the moot problem.
It must be in the form of a question starting with the word ‘Whether’ and with a question mark ‘?’.

Also, the Issue must have legal aspect.

EXAMPLE

If the problem pertains to marital rape then then the Statement of Issue could be framed as:

 Whether sexual intercourse without wife’s consent is a rape under Section 375 of IPC?

NOTE:

The statement of issue can only be one or can be many. It really depends on the moot problem and
also varies individually. One can cover all the sub-issues of the problem under one single issue or
make separate issues.

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SUMMARY OF ARGUMENTS

This is a brief summary of arguments based on the issues raised. It is a short introduction of issues
mentioned in your memorial and each argument should not be more than one paragraph. It only
shows what you are arguing for in the brief.

 In summary of arguments, we have to introduce issues in paragraph.

 We have to give the glimpse and brief of the argument.

FOR EXAMPLE:

1. WHETHER THE WRIT PETITION FILED BEFORE THE SUPREME COURT IS

MAINTAINABLE OR NOT?
It is humbly submitted before the Hon’ble court that the writ of mandamus filled by the
Respondents is admissible and maintainable as there has been a clear infringement of the
fundamental rights of the Respondent guaranteed under the constitution of Inca.

Firstly, the Respondents have sufficient locus standi as Maria opportunity of becoming a mother
is being lost and the doctor and clinics right to freedom of trade and profession are being violated.

Secondly, the writ petition has being filed to challenge the validity of the impugned act and thus
the Respondent is not bound to take to an alternative remedy.

Thirdly, there has been an infringement of fundamental rights as guaranteed by the constitution
of India.

Fourthly, the act, which has been passed by the legislature, does not have a retrospective effect.

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ARGUMENTS ADVANCED

It consists of facts of the case, your reasoning, sections and case laws. Also, there should be logical
co-relation between these proponents.

EXAMPLE (In respect to Issue raised above)

The Respondent most respectfully submits before the Hon’ble Court that the sexual intercourse
without wife’s consent is also a rape as the essence to rape under SECTION 375 (1), there is need
of time to recognize martial rape as rape (2)

(1) The absence to consent is essence to rape.

(2) The need of time to make martial rape as offence.

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PRAYER

It is the relief claimed by the parties which should be clearly mentioned. More than one relief can
be claimed. Following the prayer, signature of the council must be stated.

NOTE: It is essential in a prayer to understand the meaning if “AND”, “OR” as the usage of two
words have completely different meaning.

AND – implies to both the reliefs WHEREAS

OR- signifies an optional relief.

For example:

In the light of the argument advanced, issues raised, authorities cited, the counsel on behalf of the
Respondent, humbly and forever pray before this Hon’ble Supreme Court to graciously be pleased
to QUASH/UPHOLD

AND/OR

Pass any order that it deems fit in the interest of Justice, Equity and Good Conscience.

For this act of kindness, the counsel for the Respondent shall duty bound forever pray.

Place:

Date:
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(Counsel for the Respondent)

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