Professional Documents
Culture Documents
OFFICIAL RULES OF
Prepared by
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the majority of a Memorial;
6. Taking printout of another’s memorials and submitting it as one’
memorial.
i) Rebuttal refers to the counter/arguments presented by the Petitioner in
response to the Respondent’s submissions, at the end of the main
pleadings of all the Speakers.
j) Researcher refers to that member of a Team specifically mentioned at
the time of registration, if it necessitates the researcher will be given a
chance to be a speaker at the discretion of the Organizing Committee.
k) Researcher’s Test refers to the written test conducted during the
Competition.
l) Rules refer to the rules postulated in this document and any other
Regulations, Instructions, Guidelines that the Organizing Committee
may from time to time issue.
m) Speaker refers to that member of the team who will make oral pleadings
before the Judge in the Oral Rounds.
n) Sur-rebuttal refers to counter argument presented by the Respondents
to the rebuttal.
o) Team Code refers to the unique code allotted to each participating team
for the purpose of this Competition by the Organizing Committee.
2. INTERPRETATION CLAUSE
The State Moot Committee shall have exclusive authority to interpret the
Rules in the interest of fairness and equality. The interpretation placed
upon these Rules by the State Moot Committee shall be conclusive and
the decision of the State Moot Committee regarding the application of
these Rules shall be final and binding.
3. LANGUAGE
The State Moot Court Competitions will be held in English Language
only.
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4. ORGANISATION OF THE COMPETITION
The State Moot Court Competitions will be held under the aegis of the
Directorate of Legal Studies and the State Moot Committee between all
the educational institutions imparting legal education in the State of
Tamil Nadu. The proposition for State Moot Court Competition (SMCC)
may be prepared either by the State Moot Committee or by the host
college. In case the host college prepare the proposition for the SMCC, the
same has to be send to tnsmc2022@gmail.com and approved by the State
Moot Committee before it is released to the participants.
The State Committee will upload the proposition in the official website
of Directorate of Legal Studies. Any changes in the rules will be
uploaded as an addendum in the official website of the Directorate of
Legal Studies www.tndls.ac.in. All the materials pertaining to the moot
court and the memorials become the sole property of the Directorate of
Legal Studies.
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conducting the State Moot Court Competition.
iii. The moot will be held through offline mode only except in extra-
ordinary circumstance warranting, holding of Moot through
Online mode at the discretion of the organising committee.
iv. It is the discretion of the Host College to decide upon taking part
in the same competition to be conducted by them.
v. Apart from the Government Law Colleges, on a “first come first
serve” basis maximum 10 educational institutions imparting
legal education in the State of Tamil Nadu shall be allowed to
take part in the State Moot Competition.
7. RESEARCHER’S TEST
i. Participation in the Researcher’s Test is mandatory for all teams and
failure to participate may result in disqualification of the team.
ii. The researcher nominated by the institution through the registration
formwill be allowed to write the researcher’s test.
iii. The duration of the Researcher’s Test shall be ONE hour and may
include both multiple choice as well as subjective questions. The
number of questions, type, etc., shall be at the discretion of the
Organizing Committee/Host College.
iv. The objective of the researcher’s Test is to test the knowledge of the
laws involved as well as the factual details of the Moot Problem and
the application of the relevant laws to the circumstances in the Moot
Problem.
v. Researcher’s Test shall not be conducted in the open book format i.e.,
notes, bare acts, books or any other material or electronic aid shall not
bepermitted during the test.
vi. On the basis of the score in the researcher’s test the best researcher
will be selected.
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8. PRELIMINARY ROUND
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12. PROHIBITION OF SCOUTING / ELECTRONIC GADGETS
Scouting in any form and the use of electronic gadgets during
the oral pleadings are strictly prohibited and if any team indulge
insuch act shall be terminated from the competition.
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sent within two working days by the Host College to the respective
teams.
x. The team comprising of 3 members is mandatory. While registering for
the competition, it is mandatory to nominate two speakers and one
researcher. The host will not entertain any change in the nomenclature of
Speaker-1, Speaker-2 and researcher as nomination by the Participating
team at the time of Provisional Registration, except under extraordinary
circumstances at the discretion of the Organizing Committee/Host
College.
xi. All Team members and Faculty-in-charge are advised to regularly
check the official website / E-mails of the organizing committee for any
updates on the competition.
i. Team must not reveal the identity of their institution to the Judges at
any time during any round. All instances of such disclosure shall be
treated as Disqualification of the team.
ii. The host college should not reveal the name of the participating
institution.
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16. CLARIFICATIONS
Teams may request for corrections and clarifications in the moot
problem by submitting a written request to the email ID provided by
the Organizing Committee/Host College on or before the date
mentioned in the official notification. All the clarifications will be
collated and the response will be provided vide a mail on the date as
specified by the Organizing committee/Host College to all the
participating Colleges. No further clarifications shall be entertained
after the said date.
vi. The soft copy of the memorial forwarded within the dead line to the
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email of the organizing committee shall be final and binding. The
same shall not be altered, changed for any reason at any point of
time.
vii. The five hard copies of the memorials for each side shall be soft
bounded & submitted in person to the organizing committee on the
date specified by the organizing committee. The extra hand copies
for the team has to be kept by themselves. In event the hard copies
submitted to the Organizing Committee shall not be returned to the
teams concerned.
viii. The Soft copy and the Hard copy of the memorial submitted shall
be the same and identical in all aspects. If any change is found, then
the memorial shall be rejected and no marks shall be awarded.
ix. After the deadline for memorial submission, the memorials that
are forwarded to the email ID will be subject to a penalty of 2
marks for each day of delay.
3. Line Spacing: 1.5 [The spacing need not be followed for the
Cover Page, Tabular Column, Header or Footer]
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4. Footnotes Font & Size: Times New Roman, 10
5. Line Spacing: 1.0
6. Paragraph Spacing: None
7. No additional space between footnotes
8. Substantive Footnoting is strictly prohibited
9. Alignment (Body & Footnotes): Justified Margin: 1 inch on all
4 sides
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21. COMPENDIUM
ii. The teams have to keep a hand copy of the compendium for their
reference during argument before the judges. In event the
compendium submitted to the Organizing Committee shall not be
returned to the teams concerned.
iv. If any mark, name, seal, symbol or logo of the institution / college is
present, participants must ensure that the same is properly shaded to
maintain anonymity. Violation of anonymity shall result in immediate
disqualification.
Content Marks
Clarity of Facts 15
Incorporation of Facts into the arguments 20
Use of Authorities / Precedents 20
Knowledge and interpretation of applicable laws 20
Grammar and Style of presentation 10
Originality 10
Appropriate Relief Prayed 05
Total 100
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23. ASSESSMENT OF ORAL SUBMISSIONS
Team performance of the orators shall be judged in all rounds on the
basisof following criterion
Content Marks
Total 100
iv. Food and snacks shall be provided for the participating team
members at the venue of the competition.
vi. In case of train travel the maximum permissible limit for travel
allowance is second class sleeper.
vii. In case of the bus travel the maximum permissible limit for travel
allowance is Tamil Nadu State Transport Corporation sleeper coach.
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viii. The travel allowance for the return journey is as that of the onward
journey.
ix. The local transit from the place of accommodation to the venue of the
Moot competition will be arranged if necessary by the Organizing
Committee/Host college on the timing fixed by them. The teams
shall adhere to the timings of the organizing committee, failure on
which, teams have to make their own arrangements.
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lead to immediate disqualification of the team. The organizing
committee/Host college shall recommend to the appropriate authority
for disciplinary action.
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GOVERNMENT LAW COLLEGE, TIRUNELVELI
STATE MOOT (ENGLISH) COMPETITION - 2023
MOOT PROPOSITION
1. Tirunel’s online gaming industry is one of the fastest growing sectors of the Tirunel
economy. The penetration of low-cost smart phones and reliable 4G networks, the inflow of
domestic and foreign investment and snazzy marketing campaigns have together propelled
the market value of the gaming industry to upwards of INR 300,00,00,000. However, this
exponential growth has not come without its share of challenges. Tirunel lawmakers have
come under significant pressure in recent times to curb the growth of real-money gaming,
particular online rummy and poker platforms that allow users to play for stakes. Numerous
State Governments have responded to this pressure and formulated laws that dilute the long-
standing exemptions provided to games of skill under Tirunel gaming statutes.
2. The Electronic sports (Esports) have emerged globally during the last two decades and are
evolving at an exponential pace in Tirunel. Its domain remains a grey area due to lack of
awareness amongst the public. The Esports is a relatively new field, though popular among
the younger population, but the public is still unaware about it. In Tirunel, there is no specific
set of regulations that govern Esports or any other aspect related to it. The Republic of
Tirunel is yet to promulgate an enactment to govern the same, meaning thereby it remains
fairly unregulated except for some State regulations.
3. In a press statement dated 4th Jan 2021, the Ministry of Youth and Affairs acknowledged
the emergence of Esports and stated that Esports are very different from Gaming and
gambling. The Prime Minister of Tirunel has also acknowledged the growth of the gaming
sector, while addressing the country with respect to the impact of Union Budget for 2022-
2023. At the International level, federations have been formed with the goal of creating
platforms for athletes to promote Esports and to organize events. There are several such
federations in Tirunel as well; however, none of them are currently recognized by the
Ministry of Youth and Affairs. At present, Tirunel is limited only to the set of legislations
related to Esports.
4. On January,2022, The Ministry of Information & Broadcasting (MIB) issued another set of
advisories on advertisements of ‘online betting platforms’ to publishers of news and current
affairs on digital media, publishers of online curate content and private satellite television
channels. These advisories come in the backdrop of their earlier advisory in Jan 2022
seeking publishers to refrain from advertising these platforms over the internet. However,
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the MIB observed that their advisory was not being adhered to. Stating that betting and
gambling is illegal across most parts of Tirunel, the MIB relied on the recently notified
misleading advertisement guidelines under the Consumer Protection Act, and the
Information Technology Rules, to highlight that the advertising of prohibited activities is
not permitted in Tirunel. The MIB has also noted that betting platforms are indulging in
surrogate advertising by using news websites, and sports blogs whose logos are strikingly
like the online betting platform, which is not in conformity with Tirunel laws. The MIB has
strongly advised digital media publishers against displaying advertisements of online betting
platforms and or their surrogate news websites, with private satellite television channels
under the threat of penal action, if they fail to adhere to the Advisories.
5. G-One Gaming Technology Pvt. Ltd has multiple shell companies receives tax demand for
Rs. 20,000 crores under Good and Service Tax. On Feb 2021, The Income tax department
of Tirunel searched 30 premises spread over Kakamuchee, Indraprastha, Suryapur, Jeypore,
Rashtrakuta, and Kalikshetra found that the gaming companies had cash turnover of Rs 5000
crore in the past seven months, which was routed through shell companies. The apex tax
body said the gaming company had concealed its operations and has a wide network in
different cities for collection of cash from a large customer. The aforesaid company
approached the Karunadu High Court seeking a stay against the notice. The High Court
allowed the petition in favour of the company, and now appeal filed before the Supreme
Court.
6. On January 2021, the State of Thamira amend certain provisions of the Thamira Gaming
Act, 1930. The Thamira Amendment Act amended the definition of ‘gaming’ On February
3, 2021, The Karman Games Tirunel Private Limited filed a petition before the High Court
against the State of Thamira to strike down the Amendment. Here, the High Court allowed
the petition.
7. Moreover, because of online gaming in Thamira, incidents of ruining families such as
murder, robbery and suicide have increased day by day. Cases of taking money and taking
lives in online gaming are becoming a regular story in Thamira. Especially the younger
generations who are supposed to enjoy the spring of life are resorting to the perverse end of
online games. The incidents include:
a) 17, June 2021 - The youth who was found dead near his house at Muttichal ended his life
after losing about Rs 26 lakh in an online game, according to his family and the police.
b) 21, July 2021- A medical student from Idukki in Vijayangar district has caused a shock
by committing suicide jumping in front of a train due to the online game.
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c) 16, August 2022- A policeman identified as Muthu aged 27 attached to the Mancherial
armed city force committed suicide by shooting himself in the abdomen.
d) 26, August 2022- Alan Brisca, young women turned to playing online games for money.
At first, she tasted success. This emboldened her to invest more money in the illegal card
game.
8. 13, September 2022 - The State of Thamira promulgated the Thamira Online Games
Ordinance, 2022 which was assented by the Governor. It was the second attempt on part of
the State Government for regulating online games. Said Ordinance put a complete ban on
the online games on the pretext that the youngsters were being cheated by the online gaming.
Experts say that it is usually not human that play on the opposite side while playing games
online the applications that builds using artificial intelligence identify the pattern of play of
the individual after the first face and then take over the game in later stages. Players need to
provide personnel, payment and geographical information to access gaming services.
Privacy policies have no provision regarding data retention, deleting personal information
or deactivating accounts.
9. Meanwhile, on 23 November 2022, All Tirunel Gaming Federation and other online
Gaming Companies filed petition challenging Thamira Government’s ordinance
observing that the Court gave liberty to the petitioners to withdraw the suit.1
10.The State of Malabar enacted the Malabar Gaming Act, 1960 to make better provision for
the punishment of gaming and the keeping common gaming houses. By the notification
issued by the State of Malabar, amended the Malabar Gaming Act 1960, all companies who
are engaged in the business of developing and offering online games in Malabar are
aggrieved by the amendment, filed writ petitions regarding the power of the Government.
Here, the High Court allowed the petition.
11.Unlike other States, The State of Karunadu amended Gaming Act for the prevention of
gambling. The Amendment Act introduces an expansive definition of 'gaming' by including
all online games which involve all forms of wagering or betting. Writ petitions were filed
by individual Gamers, heard by a special division bench of the High Court. Here, the High
Court allowed the petition.
12.The State of Thamira, Malabar and Karunadu filed appeal before the Supreme Court.
All the above cases are clubbed together and heard before the Supreme Court.
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13. ISSUES TO BE DECIDED
I. Whether State Government has the power to make an amendment on online gaming
business?
III. Whether online gaming comply with internet intermediary compliances and cyber law
with due diligence requirements under Information Technology Act 2000?
IV. Whether shell companies are using an online gaming platform as a tool for illegal
transactions?
NOTE:
• The Tirunel has adopted the constitution of India verbatim and all the laws and
regulations including the prevailing circumstances as in India shall be squarely
applicable to Tirunel verbatim. All the Statutes cited for Tirunel may be read and
applied verbatim as per the Indian statutes and all the sections of every law in India are
open inter alia ambit of question law.
• Gaming act of the States refers to Tamil Nadu Gaming Act, 1930.
• All facts stated herein are for the purpose of Moot Court Competition and may be
taken in that light only.
• Any queries relating to moot proposition may be addressed to Government Law
College, Tirunelveli through email ID : glctvlmoot2023@gmail.com.
• The Participants are at liberty to frame any sub-issues that need to be incorporated.
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SCHEDULE OF EVENTS
DATE:
INSTITUTION DETAILS
Name:
Address:
Contact No.:
E-mail ID:
Faculty in Charge:
Designation:
PARTICIPANT’S DETAILS:
Name of Speaker 1:
Email ID:
Name of Speaker 2:
Contact No.:
Affix
passport size photo
Email ID:
Name of Researcher:
Email ID:
DECLARATION:
We, affirm that all the information provided in the registration form is true. Further, we declare
that the institution and its team members will abide by all the rules and regulations as notified
throughout the period of competition.
(Faculty – In – Charge)
Travel Details:
4. Vela B M - 9791270951