SHARDA UNIVERSITY

SCHOOL OF LAW
MOOT COURT SOCIETY IS ORGANISING

INTRA-MOOT COURT COMPETITON-2022

DATE: 31st AUGUST – 2nd SEPTEMBER, 2022

Sharda University has over the years become one of the leading centers of education, research,
innovation and development in Delhi NCR. With an aim of imparting fine and quality legal
education to aspirants of judiciary, corporate legal-managers as well as litigation-lawyers, the
University has established the School of Law which has now evolved as one of the leading
Law Schools in India. The school’s teaching standards and research quality consistently receive
high ratings, and it maintains a strong research culture with all faculties researching in their
area of preference. The school has well-qualified, experienced and dedicated faculties who are
committed to the impart quality legal education and to train students as a skilled law-
professional. The faculty includes prominent scholars of economics, philosophy and history as
well as in every stream of law. In addition, guest lecturers from distinguished judges, eminent
jurists, policy makers, high ranking civil servants apart from top lawyers help Sharda Law
School in establishing as one of the leading legal education institutions in Delhi-NCR.

With an aim to train law students as lawyer, attorney, pleaders or to make familiar in terms of
court procedure, drafting, submissions and delivering oral arguments, School of Law is
organizing Intra-Moot Court Competition- 2022.
 MOOT PROPOSITION

Mr. Ramachandran, domiciled from Chennai and resident at Delhi, Karolbagh, is owner
of two houses. His one house is in Delhi, Karolbagh, in which he with his family resides.
The second house is in Jaipur which has not been either used by him or putting on rent.
Thinking about the second building as dormant property, Mr. Ramchandran decided to
sale it.

On 27.12.2012 Mr. Ramchandran entered into an agreement to sale with Mr. Rajyog
Singh, a permanent resident of Gurugram, Haryana. During the period of
communication regarding proposal and consideration, sometimes Mr. Ramchandran
visited Gurugram and many times Mr. Rajyog Singh also approached to Mr.
Ramchandran to make the deal final. But, the distance between the residences of both
the parties were considerably long, therefore, they communicated and negotiated about
the terms and conditions of the contract through telecommunication as well.

Finally, they agreed and signified their consent to all the terms and conditions of the
proposal while they were on call dated 27.12.2012 evening at around 6:00 PM.

The agreement witnessed the following conditions: the total consideration would be
Rs. 40lakhs. Mr. Rajyog Singh would pay an advance of Rs. 4 Lakhs on 28.12.2012,
at the time of entering into the Agreement to sale.

Mr. Ramchandran would supply the original title documents to Mr. Rajyog Singh for
examination on 30.12.2012. Mr. Rajyog Singh would, upon the examination of
documents, and inspection of the property, pay a further sum of 16 lakhs. The
parties would thereafter execute the Sale Deed on 26.01.2013 whereupon Mr. Rajyog
Singh would pay the balance sum of 20lakhs. It was specifically mentioned that time
is one of the essences of the Agreement. However, even though Rajyog Singh made
the requisite payment on 28.12.2012, Mr. Ramchandran did not supply the title deeds
to Rajyog Singh, as agreed, on 30.12.2012. On 26.01.2013, Rajyog Singh, on his
part, paid a sum of Rs. 8 lakhs in furtherance of the Agreement, even though
Ramchandran did not produce the original Title Deeds. It is relevant to note that as on
this date, Ramchandran was in possession of the property and till date electricity
and water bills were also in the name ofRamchandran.
On 27.02.2016, Rajyog Singh issued a notice to Ramchandran for specific performance
of the Agreement. Ramchandran sent a reply on 29.02.2016 stating that due to the
reluctance of Rajyog Singh to ensure payment of due amounts, Ramchandran had
executed a Sale Deed dated 25.01.2015 in favour of Mr. Anand Kumar, a resident of
Jaipur and Mr. Anand Kumar is now the legal owner of the property.

Nevertheless, Mr. Rajyog Singh constantly kept communicating for the execution of
sale deed in his favour as per the agreement showing willingness to pay the dues
consideration money.

On his consistent resistance and demand for the execution of sale deed of the Jaipur
house, Mr. Ramchandran communicated that since the said house has already been sold
to Mr. Anand Kumar, he is ready to pay back the money received from Mr. Rajyog
Singh i.e., Rs. 12 lacs, though he is not legally liable to pay the said amount since the
breach of contract has been committed by Mr. Rajyog Singh by not paying the entire
money within the stipulated period of time according to the agreement. Being
Aggrieved, Mr. Rajyog Singh instituted a suit against Ramchandran on 04.03.2017 for
specific performance of the agreement dated 28.12.2012 as well as for the
cancellation of the Sale Deed dated 25.01.2015, without impleading Mr. Anand
Kumar as a party before the Civil Court at district Gurugram.

Mr. Ramchandran contested the suit, claiming that Mr. Anand Kumar was a
necessary party and without the impalement of Anand Kumar, the suit was liable to be
dismissed.

The Gurugram Civil Court heard the matter and considered the issues on merits, it
examined the Plaintiff as PW1 on 12.08.2017 and in his cross-examination, and he
admitted that he
 was going through financial difficulties during that period but he had never shown
unwillingness to pay the dues consideration money.

The Gurugram District Civil Court adjudicated and decreed the matter after framing and
addressing the following issues dated 01/12/2021:

1. Whether the impugned agreement was a valid contract?

2. Whether the suit was filed within the period of limitation prescribed for
specific performance?
3. Whether the plaintiff was ready and willing to perform his obligations
under the Agreement?
The impugned District Court decreed the matter on every issue and hence Mr.
Ramchandran was directed to execute the sale deed within thirty days upon thepayment
of balance amount by Mr. Rajyog Singh. The sale deed of Anand Kumar was set aside
by the decree.

Mr. Ramchandran aggrieved by the Judgment of the Gurugram Civil Court, preferred
First Appeal before the Hon’ble High Court of Delhi on 20/05/2022 with the following
additional pleadings along with the issues raised before the impugned district court
that:

1. Whether the Gurugram Civil Court had appropriate jurisdiction?

2. Whether the specific performance is the sole remedy in the impugned matter?
3. Whether in the light of evidence on record and submissions made, the Civil Court
has committed an error in passing a decree in this matter?
The matter is enlisted for hearing on 31/08/2022 before the Hon’ble High Court of
Delhi.
*****
*All names, incidents, terminology referred in the moot proposition are purely fictitious and
have been used for research and academic purposes only. The author/ organizing University are
NOT responsible for any coincidental similarity discovered with any person living or
dead. Also, the author/organising University DO NOT intend to/attempt/ or attribute any
remark, comment which could be possibly drawn from the interpretation of the incidents/laws
mentioned herein. The proposition shall be valid till the completion of the competition only.
The Copyright over the Moot-Proposition rests only with the Organising institution i.e.School
of Law, Sharda University, Greater Noida, U.P. Without the expressed permission of the
Copyright owner to use this proposition for any Moot-Competition, person/institution shall be
liable for infringement of copyright right under the Copyright Act, 1957.

GENERAL RULES & GUIDELINES OF THE COMPETITION

Date: The Intra-Moot Court Competition shall be held on

31st AUGUST – 2nd SEPTEMBER, 2022

• General Rules:
➢ "Organizers” means the Moot Court Society, School of Law, Sharda
University [SUSOL MCS].
➢ "Competition" means the lntra-Moot Court Competition, 2022.
➢ Participating Team" means the team which has registered itself for the
competition as per the rules given below.
 ➢ "Participants” means the speakers and the researcher of the Participating Team.
➢ The rules of the Moot Court shall be strictly adhered to and any deviation
therefrom would attract the disqualification of the team or any other penalties
as decided by the Organizers.
➢ Decision taken by Organizers in case of any doubt, dispute, disqualification etc.
shall be final.

• Dress Code
➢ Inside the Court Room, participants shall be in formal wear only. However,
robes or collar bands are not allowed.
➢ Female participants are required to wear either a full suit comprising of black
formal blazer and trousers, full sleeved white shirts or white kurta, blackbottom
wear, black blazer/overcoat with formal footwear.
➢ Male participants are required to wear a full suit comprising of black formal
blazer and trousers, full sleeved white shirts, black tie and formal foot wear.

• Venue: If the competition will be held in physical mode, the venue shall be 7th Block,
4th-5th Floor, School of Law, Sharda University, Knowledge Park III, Greater Noida,
Uttar Pradesh 201306 and if the competition shall be in online mode, then the link shall
be shared by the SUSOL Moot Court Society on the eve of every session of the
competition.
 • Registration:
The Registration Fee is Rs. 300/-team which shall be payable through Online Transition
and a copy of slip/screenshot of the transaction has to be attached with the registration
form.

Google Registration form link: https://forms.gle/F1bSwqdihsiSEdEW7

Google Registration QR Code:

Prizes: Winner Team will be awarded with Rs. 1500/- and a Certificate.1st
Runner Up will be awarded with Rs. 700/- and Certificate. 2nd Runner Up will be
awarded with Rs. 500/- and Certificate.

ELIGIBILTY AND TEAM COMPOSITION

The Competition shall be open for all bonafide students who are pursuing an integrated 5-year
LL.B. Programme from SOL, Sharda University.
• Each participating team shall consist of 3 members, out of which, two will be moot-
pleaders and one as researcher.
• The Researcher may be permitted to plead as a moot-pleader in case of illness OR
any unforeseen event. Prior permission of the Organizers of Competition in such case
shall be mandatory.
 Inauguration and Draw of Lots

• The formal inauguration of the IMCC-2022 shall be held on 31st October-2nd

September, 2022 followed by registration. The draw of lots for the preliminary rounds
and orientation will take place on the same date after formal inauguration.

• The registration for the competition will be closed by 20th August, 2022, 5 PM. Any
registration after this date and time shall not be considered by the organizing committee.

• Selection: There shall be one Preliminary Rounds & one round each for Quarter- Final,
Semi-Final and Final Round. The side of the arguments at every level will be on the
basis of drawing of lots.

• The selections for Preliminary Rounds shall be on the basis of Draw of lots and Quarter
Final, Semi Final and Final Round shall be on the basis of the aggregate of the scores
of each team. In case of a tie, memorial marks will be taken into consideration.

• The selection for the Best Researcher shall be made on the basis of the total
points/marks given to the written memorial by judges/evaluators.

• Time Limit: - Each team will be given a maximum of:

20 minutes to present their case orally at Preliminary

Rounds

20 minutes for Quarter-Final Round,

25 minutes for the Semi-Final Round And;

30 minutes for the Final Round.

The division of time is left to the discretion of the team members, subject to a maximum of
10 minutes for one speaker in Preliminary and the Quarter-Final Round, 15 minutes in
Semi-Final Round and Final Round.

• Apart from the maximum time provided to each team for the above said rounds,
additional 5 minutes at the end of the round may be given for rebuttal/sur-rebuttal, if
so requested by speaker subject to the discretion of presiding judges.

• If so permitted then division of time for that purpose between 2 speakers of that team
should be communicated to the Court Officer after completion of that Round. The final
decision as to the structure and the right to rebut/sur-rebut will vest with the judges.

• In case any speaker continues to speak after the completion of his/her time, the
additional time that is used, will be deducted from the time allotted to his/her co-
speaker, or from the time allotted for the rebuttal/sur-rebuttal, as the case may be.

• All teams are expected to carry with themselves authorities, Bare Act or text of cases
etc. which they intend to refer and passing of the same shall be routed through the
Court Officers.

• Delay in Appearance/Presentation: -If a team scheduled to take part in the oral

submissions of a Round does not appear within 10 minutes after the scheduled
commencement of such round, the other team shall be allowed to submit ex-parte.

Evaluation of the Oral Presentation

Evaluation of oral Round shall be adjudged on the following criteria:

Organization & presentation of facts: 10 marks

Application of legal principles: 20 marks

Depth of Research: 10 marks

Originality in Presentation: 10 marks

Articulation of Issues: 10 marks

Response to questions posed: 20 marks

Use of authorities and precedents: 10 marks

Court etiquettes: 10 marks

Memorial

All the teams are required to submit memorials for both of sides i.e. Petitioner/Appellant
or Respondent. One soft copy of the memorials for both sides shall be sent by the team on
or before 25th August, 2022 respectively via e-mail to shardaimcc2021@gmail.com.

• Name of participants or any other mark, character or text that reveals the identity of the
Participants or would be considered as violation of the SUSOL MCS Rule for this
Competition which may impose penalty including disqualification.

• Teams are not permitted to raise arguments during the oral rounds that has not been
presented in the memorial.

Each memorial shall consist of the following details on the cover page.

• Team code on the top right-hand corner of the cover page

• Name and place of the forum/Court

• Name of the parties and their status

• Memorial submitted to….

• Memorial filed and appearing on behalf of…...

• The following content specification must be adhered to:

➢ Language- English

➢ Font and Size (Body)-Times New Roman, 12 pts.

➢ Line Spacing (body)-1.5 lines

➢ Font and Size (Footnotes) Times New Roman, 10pts

➢ Line Spacing (Footnotes) - Single line

➢ Page Margins 1 inch on all sides

Page Limit

➢ Entire Memorial-30 pages maximum

➢ Body of Arguments 10 pages maximum

➢ Paper Specification-White A4 Sized Paper

➢ Body of the Memorial-Justified

Evaluation of Memorials

Memorials will be judged by a special panel of judges on the basis of the following criteria:

• Presentation of Facts: 15 marks

• Ingenuity and Logical Reasoning: 20 marks

• Interpretation of Law: 20 marks

• Extent and use of Authority: 20 marks

• Relief Sought: 05 marks

• Format and Citation: 10 marks

• Quality of Language: 05 marks

• Adherence to the Guidelines: 05 marks

Deduction of marks for late submission of hard copies of the Memorials [Only if mode
will be physical]

• Late submission, if any, of hard copies of the memorials may be permitted by the
Organizing Committee in exceptional circumstances on case-to-case basis upon prior
request of the participants subject to deduction of 2 marks per day for late submission
 of the hard copies and subject to a maximum limit of 2 days after which it won't be
accepted.

Note: Participants are requested to strictly adhere to the rules concerning time limit for
submission of the memorials.

Exchange of Memorials (Soft Copy)

• There shall be an exchange of memorials between the respective opponent participating

teams as would be placed after the draw of lots in all the rounds of the competition

• The teams are prohibited from making any marks on the memorials thus exchanged.
They are also prohibited from making copies of such memorials in any form.

• The teams shall return the exchanged memorials to the Court Officer of the respective
rounds.

Scouting

Scouting is strictly prohibited. Scouting by the speakers, Researcher or any other person
affiliated with a team will lead to instant disqualification of such team. Scouting is found
to have committed if any person affiliated with the team witness, hear, observe etc. of the
oral submission of any team other than it is participating or reading the memorial of a team
except its own or the memorial obtained on account of exchange of memorials.

Miscellaneous

• Discipline: Participants are expected to maintain discipline while in campus. Incidents

of eve teasing or any kind of misbehavior will be taken seriously, and the teams will be
disqualified from further participation. The participants shall not stray around once they
report to the College for participation in the Competition. Smoking and drinking is
strictly prohibited in the college campus.
 • Interpretation of Guidelines: All interpretations are at the complete discretion of the
Organizers & the Institution. The decision so made shall be final and binding an all
participating teams.

Clarifications: Communications regarding any clarification may be sought through email

or through contact numbers given below by or before 22nd August, 2022. E-mail:
shardaimcc2021@gmail.com.

LANGUAGE

• The official language for the Competition shall be English only.

PAYMENT DETAILS

Bank Name : ICICI Bank Ltd.

Branch Address : Krishna Apra Royal Plaza, D-2, E(acb), Alpha-1, Greater Noida,
GautamBudh Nagar, UP- 201306
Account Holder Name : Sharda University-Seminar
Account No. : 025405005815
IFSC Code : ICIC0000254
SWIFT Code : ICICINBBCTS
MICR Code : 110229037

*****