Dharmashastra National Law University, Jabalpur eee eee ee Seen eT eT on eee i, 0761-2600070 1" Justice G.P. Singh Memorial National Moot Court Competition 2021 Moot Proposition and Rules TT a a, Media Partner Advertising Partner Knowledge Partner eva < Grietopus mea world orci Fare1" Justice G.P. Singh Memorial National Moot Court Competition 2021 Moot Proposition Hind Pradesh is the country's second-largest state, with its capital in Bhramashastra. It is located in the geographic center of Indiana and well-known for its tourist attractions, which include historical monuments, wildlife sanctuaries, national parks, etc. Moreover, the city of Jabalipuram is adjacent toa number of nature reserves, including the Divyakantak, Baghi Caves, Balighatt ones among them. Narmadaya is the longest river in Hind Pradesh. It flows westward through a rift valley, with the Vindhya ranges sprawling along its northern bank and the Satpura range of mountains along the southern. According to the provisions of the Indian Companies Act of 2013, Swatantra Tannery Private Limited (hereafter STPL) is registered as a Private Company on January 15, 2015 with its office located at 76, Park Plaza Lane, Jaampur, Hind Pradesh. Drako Kapoor is the promoter of STPL and there are 4 other directors and 6 shareholders in STPL. STPL is principally engaged in the business of tannery and supplies the same to other corporate firms for the manufacturing of final products. Arthrit Shoe Private Limited (hereafter ASPL) is a company registered under the provisions of the Companies Act, 1956 on August 6, 2003 with its office at 99, Anong Estate, Shaampur, Hind Pradesh. Preeda Gupta is the promoter of ASPL and there are 5 other directors. ASPL is engaged in the business of shoe designing and manufacturing, Preeda Gupta has an agricultural land of about 10 acres situated at about 90 meters from the banks of River Narmadaya at Village Koti in Hind Pradesh and 5 km downstream from Nirmal Dam, Preeda and Drako met in a Global Business Conference at Naya Dillion May 20, .2017 and, agreed to establish a joint venture of 49:51 respectively.Thereafter, several meetings were held, and finally on October 19, 2017, they decided to form a Joint Venture company in the name of ASST JV Private Limited (AJPL) with its plant for manufacturing of shoes to be set up on the land belonging to Preeda which she agreed to give on lease to AJPL for 30 years. Itwas agreed that STPL would supply raw material from its tannery to AJPL and ASPL would use its know-how in designing and manufacturing of shoes which would further be sold by AJPL and profits from the same to be shared with ASPL and STPLin51:49 ratio. Soon after, Preeda was appointed the Chief Executive Officer and Vikram Singh was made the Chief Procurement Officer of AJPL with their shareholding being in the proportion of joint ventures stakes and Preeda being director along with Drako, Nontak Agrawal, Sriphal Shukla and Hridesh Srivastav. ASPL and STPL completed the paperwork for AJPL’s incorporation, which was filed with the Registrar of Companies on February 10, 2018. Nontak Agrawal was made the Plant Head with Sriphal Shukla and Hridesh Srivastav being the Operations and Compliances Head respectively. Preeda through his contacts procured business with AJPL and entered into agreements with other companies for the sale of shoes. AJPL received payment in advance for the said business and promised to deliver the first stock of shoes by September 20, 2018 as the plant was to begin operations on April 5, 2018 after receiving all the required licenses, clearances, and consents from the government departments. AJPL was issued Trade License on March 25, 2018, however, the applications for grant of environmental clearance and land use conversion were still pending with the government. Since the Government was taking a lot of time to grant the aforementioned permits and clearances, and the applications in this regard were already pending for so long, AJPL began its operations on April 5, 2018 since the pressure from. other companies who agreed to purchase shoes was mounting and ithad already gottrade license from the department concerned. While the operations of AJPL were in full swing with about 60 employees, one, not so fine day, itrained heavily (approx. 200 cm) in the nearby areas of Koti and suddenly the Nirmal Dam broke releasing gallons of river water downstream on 13.08.2019 which also entered the plant of AJPL and ruined plants and machinery and reportedly about 6 employees went missing with about 15 injured,10. 11. 12. 13. As a result, the incident appalled the Government of Hind Pradesh as it made a statement thatit did not know that there was a business being operated under its nose without any environmental clearance and land use conversion being granted to AJPL. While the missing persons were being searched, 2 bodies of employees being Rakesh and Hari were found by the rescue team, however, their lives could not be saved. Simultaneously, Sneakers Private Limited (SPL) terminated its agreement for the supply of shoes with AJPL and filed a suit for compensation for loss suffered by it due to non-delivery of shoes and also misrepresentation by AJPL that it had all the requisite licenses and permits to do business lawfully. Afterwards, the Government of Hind Pradesh set up a high-level committee to inquire into the accident and investigate how AJPL was able to go ahead without getting licenses and permits. Pending the said enquiry, Seeta, wife of Rakesh lodged an FIR against the directors of AJPL under section 304 IPC and 120B IPC and Reeta, wife of Hari lodged an FIR against the directors of AJPL as well as Vikram Singh under section 304A IPC and 120B IPC. Preeda and Drako were arrested on August 20, 2019 and they applied for bail before Hon'ble Hind Pradesh High Court, Principal Bench at Jabalipuram while the other directors are absconding and have moved the Hon'ble Hind Pradesh High Court, Principal Bench at Jabalipuram for Anticipatory Bail. In addition, SPL moved the Hon'ble Hind Pradesh High Court, Principal Bench at Jabalipuram under Article 226 of the Constitution of Indiana seeking issuance of writ, order or direction against the directors of AJPL and Vikram Singh, seeking to conductan enquiry in the whole incidentas well as the business of AJPL by the Committee headed by a retired High Court Judge and grant of compensation to the victims and also to the petitioner for having suffered a loss due to non- performance of the contract. SPL has also made the State of Hind Pradesh a party to the said writ petition. Nonetheless, AJPL issues a statement that while it stands in solidarity with the families of the victims, it asserts that the Government miserably failed in performing its statutory obligation in providing licenses, permissions and, consents to AJPL on time and for creating an environment being hostile to setting up of new business in the State which creates hundreds of jobs and generated revenues. It also asserted that the casualties have occurred for reasons beyond the control of the AJPL and the AJPL has suffered collateral damage due to inaction on the part of the Government in ensuring the safety of the Dam. It wasalso mentioned in the statement that the government should pay compensation to the families which have suffered losses. 14. Eventually, Hon’ble Chief Justice of the Hind Pradesh High Court, Principal Bench at Jabalipuram has constituted a special bench and clubbed all the litigations and has putup for arguments on the following Issues: A. Whether the writ petition instituted by SPL is maintainable before the Hon'ble Hind Pradesh High Court, Principal Bench at Jabalipuram? B. Whether the bail can be granted to the Directors of AJPL by Hon'ble H in d Pradesh High Court, Principal Bench at Jabalipuram? c. Whether the directors of AJPL can be held liable for the incident leading t 0 the death of workmen of AJPL? D. Whether the Governmentis liable forthe incidentleadingtothedeatho f workmen of AJPL? Note: 1. Allthe laws and authorities of Indiana are parimateria to that of India. 2. All the laws, places and natural bodies are parimateria to that of the State of Madhya Pradesh, India.1) 2) 3) 4) 1" Justice G.P. Singh Memorial National Moot Court Competition 2021 Moot Rules L INTRODUCTORY Short Title: These Rules shall be called the 1st Justice G.P. Singh Memorial National Moot Competition Rules, 2021 Definitions: Unless otherwise stated following shall be construed herein under as- a. “Administrator” shall mean the DNLU Moot Court Committee b. “Competition” means 1st Justice G.P. Singh Memorial National Moot Competition c. “Participating Team” means the team which has registered itself for the competition as per the rules of registration d. “Participating Institution” shall be presumed to be the parent institution of the participating team. e. “Rules” means 1st Justice G.P. Singh Memorial National Moot Competition Rules, 2021 f, “Organizers” means the Dharmashastra National Law University Jabalpur IL GENERAL RULES Date: The Competition shall be organized from April 30,2021 to May 02,2021. Dress Code: The participants shall adhere to following dress code when present inany courtroom during the Competition. a. Ladies: White salwar and kurta or white shirt and black pant or skirt along with black coat and black shoes; and b. Gentlemen: White shirt, black trousers and black tie along with black coat and black shoes. Language: The language of the Competition shall be English.5) 6) 7 8) 9) 10) Ill. ELIGIBILITY AND TEAM COMPOSITION Eligibility: The Competition shall be open to students who are- a. Pursuingan integrated 5 year LL.B. programmein India; or b. Pursuinga3 year LL.B, programme in India. Team Composition: Each team shall constitute minimum of two members and maximum of three members. Under no condition shall a team consisting more than 3 members beallowed to participate. Three Member Team: In the eventa team consists of three members then - a. Suchteam shall designate two ofits members as speakers; and b. Such team shall designate one member, who has not been designated as speaker, asa researcher. The team must amongst its members identify, speakers and researcher at the time of registration itself, Two Member Team: In the event a team consists of two members then such team shall designate both the members as speakers and no member in the team shall beallowed to be represented as a researcher and take the researcher's test. Change in Team Composition: Any change in team composition must be intimated to the Administrator at the earliest. Any change must be accompanied with a registration form and an authority letter duly signed by the head of the institution. No change in team composition is allowed after the formal registration. IV. REGISTRATION Mode and Date of Registration: The registration form is to be filled in soft copy and the fees for each team shall be 3000/-, which has to be paid online in the account mentioned below: Account Name : Dharmashastra National Law University A/c Moot Court Committee AccountNumber :519302010221761 IFSC Code :UBINO551937 Branch : Union Bank of India, State Bar Council, High Court, Jabalpur All the participating institutions have to confirm participation by sending the soft copy of the form along with the receipt of the online payment to mec@mpdnlu.ac.in on or before 10 April, 2021 by 5:00 PM.11) 12) 13) 14) 15) 16) Allotment of Team Code: Every team which has successfully completed the Registration requisites under the Rules shall be allotted a unique code after the closure of the Registration for the Competition. Once allotted, every team must use the team code for any communication with the Organizers during the course ofthe Competition. V. FORMAT OF THE COMPETITION Round: The Competition is planned virtually on Google Mectand is divided into a. Preliminary Rounds, b. Quarter Final Rounds, ¢. SemiFinal Rounds; and d. Final Rounds. Draw of Lots: The match up of teams in Preliminary Rounds shall be determined onthe basis of draw of lots. Draw of lots shall take place on 30th April, 2021. Preliminary Rounds: a. Each team shall argue from both the sides in the Preliminary Rounds. b. _ Noteam shall argue the same side twice in the Preliminary Rounds Scoring in the Preliminary Rounds: a. The qualification of teams to the Advanced Rounds shall be determined on the basis of win orloss of the team in each preliminary Round. b. Win or loss of a team shall be determined on the basis of aggregate score. The team with higher aggregate score shall win the round. c. _ Theaggregate score ofa team shall be computed as the total of - i, Score of Speaker 1; ii, Score of Speaker 2; and ili, Halfthescore ofthe memorial. Arrangement of Ranking: The teams in the Preliminary Rounds shall be ranked on the basis of below mentioned criterion - a. _ The teams shall be first differentiated on their win-loss record after the Preliminary Rounds; b. __ Ifthereisatie, the team with the higher aggregate score will beallotted the higher rank; c. Ifthe tie subsists, the team with the higher speaker score will be allotted the higherrank;17) 18) 19) 20) 21) d. If the tie still subsists, the team with the highest individual speaker score out of speakers of tied teams will be allotted the higher rank; e. If the tie still subsists, the team with the higher memorial score will be allotted higher rank; f. Ifthe tie still subsists, then the rank shall be determined by toss of coin. Results: The results of the Preliminary Rounds shall be declared soon after the conclusion of both the Preliminary Rounds. The top eight teams as per the criterion laid down under Rule 15 and Rule 16 will qualify for the Advanced Rounds. Advanced Rounds: The quarter-finals, semi-finals and finals shall constitute the Advanced Rounds of the Competition. Quarter-Finals: a. The top eight teams from the Preliminary Rounds will qualify for the quarter-finals, b. The team shall argue only once in the quarter-finals. The side for the quarter-finals shall be decided by way of draw oflots. c. Thequarter-finals shall bea knock-outround. d. The win-loss shall be decided on the basis of the aggregate speaker score. No memorial score will be added in the quarter-final. The win-loss shall be determined on the basis of score so computed. Semi-finals: a. Four teams from the Quarter-Final Round shall qualify for the Semi-Finals. b. The team shall argue only one side in the semi-finals. The side of the team shall be decided by way of the draw of lots. C The semi-final shall bea knock-outround. d. The win-loss shall be decided on the basis of the aggregate speaker score. No memorial score will be added in the semi-final. The win-loss shall be determined on the basis of score so computed. The team with higher aggregate score shall proceed to the final round. Finals: In the final rounds, the win-loss shall be decided on the basis of the aggregate speaker score, No memorial score will be added in the semi-final. The win-loss shall be determined on the basis of score so computed.22) 23) 24) 25) 26) VI. MEMORIALS Strict Adherence to Rules Regarding Memorials: All requirements have to be strictly followed. Non adherence to the same will attract penalty subject to the discretion of the organizers. Memorials to be Prepared from Both Sides: Each team must prepare memorials for both sides to the dispute (Appellant/Petitioner and Respondent), Submission of Soft Copy of Memorials: a. The soft copies of the memorial from each side should reach the Organizers onmec@mpdnlu.ac.in in PDF formatlatest by 25th April, 2021 before 11:00 PM b. Memorials shall be sentas an attachment with the mail in the form of single file for each side of memorial in PDF format. cc. Apenalty of 1 markshall be levied in case the memorial is submitted in any other format oras.a multiple file by the team d. The team submitting the soft copy 5 days after the last date of the submission of the soft copy of the memorial will be disqualified from the competition. e. Apenalty of 1 mark per hour per side shall be deducted in case of delay in submission of soft copy of memorial General Conditions for Memorials: a. The memorials shall not contain any form of identification apart from the team code. If any such identification or mark, symbol, etc. which has the effect of identifying the team is found on the memorial, then it shall result in instant disqualification b. Appellant memorials are required to have a Blue cover and Respondent memorials are required to have a Red cover. c. Apenalty of 1 mark per side shall be levied in case the team uses wrong cover page for the each side of memorial. Guidelines for Formatting: a. Memorial Structure: The memorial must have following pages only: i, Cover Page - The cover page shall contain the case title, side of the memorial, year of competition, name of the forum and team Code on top right corner. ii. Table of Contents27) iii, _ Listof Abbreviations iv. Index of Authorities y. Statementof Jurisdiction vi. Statement of Facts vii, IssuesRaised viii. Summary of Arguments ix, Pleadings/Arguments Advanced x. Prayer Team Code: The team code must be ascribed on the up right corner of the cover page. The code must be preceded by the side for which the memorial is prepared. The teams must use “A’ for Appellant, P for “Petitioner” and R for “Respondent.” For example: in case the Team Code is 100 the team must write “A-100” in case of memorial for Appellant and “R-100” in case of memorial for Respondent. Font- Text Times New Roman Font Size 12points Line Spacing T5 Line Spacing Footnotes Times New Roman FontSize T0 points Tine Spacing Singlespaced Pagination: The pagination must be done atthe bottom of the page Margin: A margin of 1 inch on ll sides ofthe memorial should be left. Citation Format: The 20th Edition of Bluebook system of citation should be followed throughout the memorial. Page Limit: The memorial shall be ofa maximum of 30 pages including the cover page and Pleadings/Arguments Advanced shall be of a maximum of 15 pages. No annexures, photographs, exhibits, etc. should be added to the memorial Penalty: A penalty of 1 mark per violation per side shall be levied in case of non- adherence with the aforementioned guidelines for formatting.28) 29) Marking Criteria: SR.NO | MARKING CRITERIA MARKS ALLOTTED 1. Evidence of Original Thought __| 20 2. Knowledge ofLawandFacts _| 20 By Properand Articulate Analysis_| 20 4. Correct formatand citation 20 5. Extentand Use of Research 20 Total 100 VII. ORAL ROUNDS Timings for the Oral Pleadings: a Preliminary Rounds and Quarter-Finals: i. iii. v. Each team is allotted a total of 40 minutes to present their oral arguments; ‘The timing can be divided between both the speakers according to the wishes of the team subject to a maximum of 25 minutes and minimum of 15 minutes per speaker; The time division has to be informed to the Court Manager/Clerk before the beginning of the oral arguments. A maximum of 3 minutes may be reserved for rebuttal or sur- rebuttal which shall be at the discretion of the judges. The allotment of extra time shall be at the discretion of the judges. b. Semi-Final and Final Rounds: Each team is allotted a total of 60 minutes to present their oral arguments. The timing can be divided between both the speakers according to the wishes of the team subject to a maximum of 35 minutes and minimum of 25 minutes per speaker. The time division has to be informed to the Court Manager/Clerk before the beginning ofthe oral arguments. A maximum of 5 minutes may be reserved for rebuttal or sur- rebuttal which shall be given at the discretion of the judges. The allotment of extra time shall be at the discretion of the judges.30) Marking Criteria for the Oral Rounds: SR.NO | MARKING CRITERIA MARKS ALLOTTED 1. Knowledge and Application ofLaw& Facts | 20 2. Ingenuity and Ability toanswer questions _| 20 3. Style, Poise, Courtesy, Demeanour 20 4. Organisation and Flow of Arguments 20 5. Reference to Memorials 20 Total 100 VIII. RESEARCHER'S TEST 31) Researcher's Test: a. The identified researcher during the formal registration shall take the researcher's test. In case of two member team, no member from the team will be allowed to take the Researcher's test. The test shall contain questions related to the moot problem and the relevantlaw. It shall be an online time based test conducted on Google Meet with the help of Artificial Intelligence. IX. AWARDS & PRIZES 32) Awards: The following awards shall be awarded in the Competition: ¥ mp po 8. Best Team: Rs.40,000 Runners Up: Rs. 25,000 Best Memorial: Rs.15,000 Best Speaker: Rs. 10,000 Best Researcher: Rs. 10,000 Certificates of merit shall be given to all the teams qualifying for quarter finals and beyond. Certificate of participation shall be given toall the participating teams, The awards, certificates of merit and certificates of participation shall be announced during the valedictory ceremony to be conducted on 02nd May, 2021. The soft copy of the same shall be mailed to the respective teams and prize money shall be deposited in the account details provided by the winners,X. PENALTIES 33) Non - Disclosure of Identity: Teams shall not disclose their identity, ie. the name of their institution, city, etc. or any other information which has the effect of disclosing their identity and affiliation with a particular university or institution. Such disclosure shall result in disqualification subject to the discretion of the Organizers XI. MISCELLANEOUS 34) Copyright: The copyright with regard to the memorials submitted for the participation in the Competition is assigned by participants and shall also vest completely and fully with the Organizers. The participants shall certify the originality of the memorials and the materials used and shall be responsible for any claim or dispute arising out of further use and exhibition of these materials The Organizers shall have the right to publicly display, distribute either electronically or otherwise and they shall not be responsible for any liability to any person for any loss caused by errors or omissions in this collection of information, or for accuracy, completeness or adequacy of the information contained in these materials. 35) Power to Amend or Alter Rules: The rules mentioned herein are not exhaustive. The Organizers reserve the right to alter, amend or add to the rules mentioned herein at any point of time. All decisions made by Organizers in case of any disputes, doubts or related issues shall be final and binding. Imposition of all penalties including disqualification rests solely with the organizers in case of failure to comply with the rules mentioned herein. 36) Disclaimer: The problem is fictitious and any resemblance to any person, living or dead, or incident, past or present, is coincidental and not intended by the authors ofthe problem. 37) Contact Details: In case of any queries or clarifications regarding the competition feel free to mail your queries at mcc@mpdnlu.ac.in. For Further Details Conta Mr. Ankit Srivastava Ms. Shruti Nandwana Faculty In-charge, MCC Faculty Member, MCC M, 09899693620 M. 07987179434 Ms. Ishita M. Ms. Aditi Richa Tiwary Student Convenor Student Secretary M. 9479130140 M. 9424726559