2nd Senate Moot Court Competition, 2018

MOOT PROBLEM

State of Bimapur is sovereign country in Atlantic continent. It is one of the prosperous countries due its wide
liberal human rights regime giving flexible power to its citizens, companies and corporations falling under
its control. In year 2015 State of Bimapur, enacted its Companies Act 2015 hereinafter known as BIMAPUR
STATE COMPANIES ACT.2015. Under the said enactment State of Bimapur, declared several public
sector undertaking for wider benefits of its people as well as to create more jobs and economy based
business. Out of several PSUs (public sector undertaking) common under its 2015 companies act, it created
SEAMAN COMPANY LIMITED. It was company dealing with mining products. Due to its good
performance company earned huge profit for two years which attracted shareholders to invest more and
more. But suddenly due to accounts mismanagement after three years of its operation it suffered huge loss
that led to unemployment and loss to government as result certain units of mining company started winding
off process. State of Bimapur passed an emergency ordinance 2018 which under the Sec 18, curtailed the
powers of the share holders right to vote and also made provision that in case of loss or mismanagement the
government can ask director to step down and can appoint new director unilaterally. Later on it converted
ordinance in to Special Seaman Company act, 2018 in which same provision of the ordinance was made to
deal with the affairs of the Seaman Company also known as Seaman Company (emergency act) 2018. This
led to wide range of disappointment among the share holders. Further the Company Act of Bimapur was
never amended as all the provisions of the Company Act of Bimapur was same and was in conflict with
Seaman Act (emergency act). Later on the company without changing its AOA entered into memorandum of
understanding (contract) with other companies as per the provisions of STATE OF BIMAPUR
COMPANIES ACT 2015. As again after suffering from loss the other companies cancelled its the contract
as they were not aware of provision of special act. In the meantime government of Bimapur sued all the
contracting companies who entered into agreement to work and supply the products. As dispute aggravated
to the extent that it led to wide range of protest from shareholders, demanding to end and repeal the said
emergency act dealing with the seaman company specially. Later on it was found that some of the share
holders Seaman Company ltd. were also share holders in the other companies who signed memorandum of
understanding( contract) to work and supply products to seaman company ltd. As it was contended by the
government of Bimapur that terms and conditions contract of MOU ( Memorandum of understanding) was
already known to share holders of the other companies. All companies along with their share holders filed
the writ petition in the Supreme Court of Bimapur demanding justice for loss and unemployment caused due
to government intervention as government of Bimapur justified its interventions as act of sovereign power as
per the constitution of State Bimapur.

All the laws of State of Bimapur is similar to Union of India.

GUIDELINES AND RULES OF INTRA LAW SCHOOL MOOT COURT COMPETITIONS

1. Written Submissions/ Memorial

1.1 The cover page of the Memorial for the Petitioner shall be in “Blue” and that of the Respondent shall
be in “Red.”

1.2 The Teams shall not indicate their name or the name of their NAME on the Memorials. For all
communication purposes, the allotted Team Code shall be mentioned AFTER REGISTRATION.

1.3 The Team Code allotted to all Teams shall be indicated at top right corner of the Memorial, which will
be communicated to them ONLY AFTER BEFORE MOOT COURT COMITTEE

1.4 All participating Teams must submit a HARD COPY of their Memorials in SPIRAL BINDING form,
for both parties, i.e. PETITIONRS and the RESPONDENTS by 7 OCTOBER 2018 TO MCC

1.5 The written Memorials shall conform to the set standards

1.6 Teams have to submit Memorials for both the parties i.e. the PETITIONERS and RESPONDENTS
before the Hon’ble SUPREME COURT.

1.7 All Memorials must be in English, on A4 size sheets, with space margin of 1’’ on all sides.

1.8 The text font should be Times New Roman, size 12 for the main body, and Times New Roman, size
10 for the footnotes.

1.9 The main body of the Memorial must be in 1.5 line spacing. The footnotes may be in single line
spacing.

1.10 Memorial shall not exceed 35 pages in all. Arguments shall not exceed 25 pages.

1.11 The Memorial must contain the following:

i Cover page vi Statement of Facts

ii Table of Contents vii Issues raised
iii Table of Abbreviations viii Summary of Arguments
iv Index of Authorities ix Arguments Advanced/ Pleadings
 v Statement of Jurisdiction x Prayer

2. Blue Book mode of citation (19th Edition) must be followed.

S.No. Criteria Marks

Proper inclusion of parties, identification of issues and nature of relief

1. sought 10

2. Knowledge of law & facts 15

3. Application of law to facts 15

4. Analysis and organization 10

5. Appropriate use of Authority/cases 15

6. Proper Citation & Correct Format 10

7. Originality 10

8. General Impression and clarity of thought 10

9. Grammar and style of presentation 5

3 . Preliminary Rounds
DRAW OF LOTS ON 11 OCTOBER BY MCC
DISTRIBUTION OF TEAM CODE DATE 8 OCTOBER

3.1 There shall be one Preliminary Rounds on 11 OCTOBER, 2018 and every Team shall be given
the opportunity to argue for either side i.e. the Appellant or the Respondent

3.2 Lots for the Preliminary Rounds shall be drawn by the Moot Court Committee of JEMTEC
SCHOOL OF LAW

3.3 The PETITIONR shall be allotted a total of 20 minutes to speaK. The Respondent shall be allotted
next 20 minutes for arguments. For rebuttal and su-rebuttal each team shall be allotted 8 minutes.
Any extension of time be-yond the specified period shall be subject to the discretion of the
Judges.

3.4 The division of time to be apportioned between the Speakers at the discretion of the Team
members, subject to a maximum of 8 minutes for one Speaker.

3.5 Before the commencement of the each Round, each Team shall indicate to the ‘Court Officer’ as
to how they wish to apportion their time.
 3.6 At the end of the Preliminary Rounds, Top 8 Teams shall qualify for the Quarter Finals. Top 8
Teams shall be selected on the basis of marks.

3.7 A Team shall be credited with a “Win”, if its total marks in the respective session are higher than
those of its opponent Team.

4. Quarter Finals

4.1 The Quarter Finals will be a Ranking Round and will take place on 11 OCTOBER, 2018. Top 4
Teams with the highest total scores shall qualify for the Semi-Final Rounds.

4.2 The side to be represented by a Team shall be determined by draw of Lots with the Teams picking
the Lots after the completion of the Preliminary Rounds.

4.3 Refer to point 3.3 for time allotment.

4.4 The apportionment of time between the Speakers shall be at the discretion of the Team members,
subject to a maximum of 12 minutes for one Speaker.

4.5 Before the commencement of the Round, each Team shall indicate to the ‘Court Officer’ as to how
they wish to apportion their time.

5 Semi-Finals

5.1 The Semi-Finals will be held on 12 OCTOBER, 2018. A Team will be credited with a “Win” in
the Semi-Finals if the total marks are higher than those of its opponent Team.

5.2 The side to be presented by the Team shall be determined by Draw of Lots with the teams picking
the Lots after the completion of Quarter-Final Rounds.

5.3 Each Team shall get a total of 20 minutes to present their case which will include the time for
‘rebuttal’ and ‘su-rebuttal’.

5.4 The apportionment of time between the Speakers shall be at the discretion of the Team members,
subject to a maximum of 12 minutes for one Speaker.

5.5 Before the commencement of the Round, each Team shall indicate to the ‘Court Officer’ as to how
they wish to apportion their time.
6. Finals

6.1 The Final will be held on 13 0CTOBER, 2018. A Team will be credited with a “Win” in
the Final if its total marks are higher than those of its opponent team.

6.2 Each Team shall get a total of 20 minutes to present their case, which will include
the time for ‘rebuttal’ and ‘su-rebuttal’.

6.3 The division of time to be apportioned between the Speakers is at the discretion of the
Team subject to a maximum of 20 minutes for one Speaker.

6.4 Before the commencement of the Round, each Team shall indicate to the ‘Court
Officer’ as to how they wish to allocate their time.

7. Dress Code

Participants must adhere to the following Dress Code strictly during the Competition.
Ladies: White shirt, Black trousers/skirts, Black tie, Black coat and Black shoes.
Gentlemen: White shirt, Black trousers, Black tie along with Black coat and Black shoes.
Non adherence to the Dress Code shall result in disqualification from the Competition.

8. Evaluation Criteria for Oral Pleadings

S.No Marking Criteria

1. Knowledge of facts and evidence on record

Articulation of issues; knowledge of law and its interpretation and

2. application

3. Skill of advocacy, persuasiveness and response to questions

4. Use of authorities
5. General Impression and Court Etiquette