HPNLU, MCC, HPNLU,

Shimla presents Shimla

6TH HPNLU INTRA

MOOT COURT
COMPETITION, 2023

Rulebook
&
Moot Proposition

April 1st- 2nd, 2023

 6th HPNLU INTRA MOOT COURT COMPETITION, 2023

TABLE OF CONTENTS

INTRODUCTION ..................................................................................................................... 3

1. Short Title ....................................................................................................................... 3

2. General Information ........................................................................................................ 3

3. Definitions....................................................................................................................... 3

RULES & REGULATIONS ...................................................................................................... 4

1. Eligibility & Registration................................................................................................ 4

2. Language, Dress Code & Conduct.................................................................................. 4

3. Anonymity of Participants .............................................................................................. 5

4. Memorial Submission ..................................................................................................... 5

5. Marking Criteria For Memorials ..................................................................................... 6

6. Oral Rounds .................................................................................................................... 6

7. MARKING CRITERIA FOR ORAL ROUNDS: ........................................................... 7

8. Plagiarism ....................................................................................................................... 7

9. Other Important Rules..................................................................................................... 7

BACKOUT ................................................................................................................................ 8

CONTACT DETAILS ............................................................................................................... 9

IMPORTANT DATES ............................................................................................................ 10

MOOT PROPOSITION ........................................................................................................... 11

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INTRODUCTION

1. Short Title

1. These shall be called as the Rules for the 6th HPNLU Intra Moot Court Competition,
2023 (hereinafter referred to as “Competition”).

2. General Information

1. The Competition is being conducted by the Moot Court Committee of Himachal

Pradesh National Law University, Shimla and shall be held from 1st April, 2023 to 2nd
April, 2023.
2. The Competition shall be conducted in accordance with the rules mentioned
hereinunder and the participants are required to adhere to the same.
3. The ranks of this competition will be a determining factor for the representation of
teams in different International and National Moot Court Competitions, in addition to
other factors provided by MCC, HPNLU, Shimla

3. Definitions

a. “Bench” means the Judges of the Oral Rounds collectively.

b. “Competition” means the 6th HPNLU Intra Moot Court Competition, 2023.
c. “Memorial” means the written pleadings of each team, submitted pursuant to these
rules.
d. “Oral Rounds” means Pleadings of a team, submitted orally before the Bench on behalf
of the Petitioner or the Respondent by all the speakers.
e. “Petitioner/Appellant/Applicant” shall mean the one presenting the
petition/appeal/application respectively to the Hon’ble Court.
f. “Rebuttals” mean the Questions or contentions presented by the
Petitioner/Appellant/Applicant in response to the Respondent’s submissions.

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g. “Respondent” shall mean the party responding to the petition/appeal/application filed

by the Petitioner/Appellant/Applicant before the Hon’ble Court.
h. “Rules” mean the HPNLU 6th HPNLU Intra Moot Court Competition, 2023.
i. “Sur-rebuttals” mean the response presented by the Respondent to the rebuttals of the
petitioner.
j. Organizers” means the Moot Court Committee of the Himachal Pradesh National Law
University, Shimla

RULES & REGULATIONS

1. Eligibility & Registration

1. The Competition is open to all the students enrolled bonafide on a regular basis in the
Undergraduate courses offered at HPNLU, Shimla.
2. The team shall comprise of 3 members only (all of the members will be designated as
both speakers and will act as researchers as well).
It is further provided that a team of two members can be made in which both the
members will be designated as speakers and act as researchers as well, only in
exceptional circumstances, after taking prior permission from moot court committee,
HPNLU, Shimla via mail.
3. The interested teams shall register themselves by filling below mentioned google form
by 15th March, 2023.
REGISTRATION FORM

2. Language, Dress Code & Conduct

1. The language of the competition shall be English.
2. The dress code shall be a white shirt/ white kurta, black pants, black blazer and black
shoes.
3. The participants shall follow strict courtroom decorum and any violation of the same
shall entail disqualification from the competition.

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3. Anonymity of Participants
1. The participants must be identified only by the Team code that will be allotted to them
after registration.

4. Memorial Submission
1. Each team must prepare memorials for both the parties, i.e., the
petitioner/appellant/applicant and the respondent.
2. The deadline for submission of the Soft copies of the memorials is on or before, 28th
March, 2023 11:59 P.M.
3. If the teams fail to submit the memorials by 28th March, 2023, 11:59 PM IST, 1 mark
shall be deducted for each hour.
4. If any team fail to submit their Memorials before 29th March 2023 11:59 PM, such
team shall stand ‘disqualified’ from the Competition.
5. The soft copies of the memorials shall be submitted through Google form only;
memorials submitted through any other medium shall not be entertained.
6. Each team must submit 2 (two) Hard copies of the memorials from each side by, 29th
March, 2023.
7. Memorials must contain the following:

a. Cover page. (must contain the name of the competition)

b. Table of Contents.
c. Index of Authorities.
d. Statement of Jurisdiction (Not more than 1 page).
e. Synopsis of Fact. (Not more than 1 page)
f. Summary of Arguments. (Not more than 2 pages)
g. Arguments Advanced. (Not more than 15 pages)
h. Conclusion /Prayer. (Not more than 1 page)
8. The memorial shall not be of more than twenty-five (25) pages in total.
9. All pages are to be numbered.
10. The Memorial shall be typed on an A4 size page in Font type: Times New Roman, Font
size: 12, 1.5 line spacing & 1 inch margin on each side.

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11. A uniform citation of bluebook 20th edition shall be followed throughout the memorial,
with font size 10 & 1 line spacing.
12. The Cover Page of the Memorial must follow the following colour scheme, Blue for
the Applicant and Red for the Respondent. The cover page shall contain the following:
a. Team Code (Top right corner)
b. Name of the Court
c. Case Title
d. Identification (as to respondent/appellant).

5. Marking Criteria For Memorials

Memorial from each side shall carry a total of 50 marks:

S. No. MARKING CRITERIA MARKS ALLOCATED

1. Articulate use of facts 05
2. Use of Law 10
3. Originality of thought 10
4. Grammar and Style 10
5. Correct format and citation 05
6. Use and extent of research 10
TOTAL 50

6. Oral Rounds
1. The matchup of the teams shall be determined based on the draw of lots.
2. The teams shall be informed prior to the oral rounds, the side (i.e., Petitioner or
Respondent) for which the teams shall be presenting the arguments.
3. All the three speakers will be presenting their arguments.
4. Each team will be provided 25 minutes including rebuttal/sur-rebuttal in the oral
rounds.
5. Each speaker will argue not less than 6 minutes. One speaker will argue only one issue.
6. Each Team will be provided two minutes for rebuttal and one minute for sur-rebuttal
for their issues.

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7. The ranks of the teams and individual score shall be determined on basis of the
aggregate score of pleadings and memorial marking.
8. In case of a tie in the aggregate speaker scores, then the team with a higher memorial
score shall be considered for higher rank.

7. MARKING CRITERIA FOR ORAL ROUNDS:

Oral Arguments for each Team shall carry a total of 100 marks:

S. NO. MARKING CRITERIA MARKS ALLOTTED

1. Appreciation and application of facts 10
2. Application of legal principles 10
3. Use of authorities and precedents 10
4. Presentation skills 10
5. Clarity of thoughts and structure of arguments 10
6. Poise and demeanour 10
7. Strategy and time management 10
8. Knowledge of laws 10
9. Response of Court questions 20
TOTAL 100

8. Plagiarism
1. Plagiarism beyond 20% may lead to disqualification of the team from the competition.
2. If similar memorials are submitted by two or more than two teams, it will lead to
disqualification of such teams.

9. Other Important Rules

1. The rounds will be conducted physically at the University campus. If a team is not able
to join the courtroom within 15 minutes of the scheduled time, the other team present
shall be allowed to present their arguments ex-parte.

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2. The participants shall adhere to the court decorum and maintain silence while a speaker
is presenting his/her arguments. Any interruption during the same would lead to
disqualification.
3. If there is any situation that is not contemplated in the rules, the organizer's decision on
the same shall be final.

BACKOUT

1. The last date for backing out is 25th March, 2023 (11:59 P.M.)
2. After that, the participants cannot back out from the competition and if they fail to
participate then it shall attract appropriate actions from the MCC, HPNLU, Shimla and
they shall be debarred in representing the University in any moot court competition for
the whole academic year.

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CONTACT DETAILS

Any queries related to the Intra Moot Court Competition’ shall be directed to mcc@hpnlu.ac.in
or the below mentioned MCC Student Members:

Name Designation Contact Details

Ms. Sapna Goyal Additional Co-convenor 7876029699
Ms. Shruti Madhogaria Senior Member 8436438874
Ms. Ankita Singh Senior Member 8299063043
Mr. Ishu Dayal Srivastava Senior Member 9720039185
Mr. Sanchit Sharma Senior Member 9805398601

In case of any further queries kindly contact –

Ms. Ankita (Convenor) – 9560694126

Mr. Shubham Mahajan (Co- convenor) – 9877226812
Mr. Tananjay Singh (Co- convenor) - 7611998967

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IMPORTANT DATES

 Release of Moot Propostion 9th March 2023.

 Last date for Registration 15th March 2023.

 Last date to seek Clarifications 16th March 2023.

 Release of Clarifications – 18th March 2023.

 Last date to Back-Out - 25th March 2023.

 Last date of Submission of Memorials - 28th March 2023.

 Release of Fixtures- 30th March 2023.

 The date of Competition - 1st to 2nd April 2023.

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MOOT PROPOSITION

Facts:

1. The Republic of Dakshin Pradesh is a country in South Asia. In terms of land mass, it
is the world’s fifth-largest country. However, it is the second most populous country
with more than 60% of its population working in the agriculture sector with reliance on
traditional methods of agriculture. Bound by sea on three sides i.e. east, west, south,
and the highest mountain range on its north, the country enjoys unique geographical
and ecological benefits.

2. Dakshin Pradesh gained independence from Maritania around 70 years back. The
Constitution of Dakshin Pradesh (“Constitution”) declares Dakshin Pradesh to be a
sovereign, socialist, secular, democratic republic, assuring its citizens of justice,
equality, and liberty. Dakshin Pradesh takes great pride in the Constitution which draws
inspiration from various countries and some international conventions.

3. The policy of Liberalisation, Privatisation and Globalisation (“LPG”) adopted by the

government of Dakshin Pradesh in early 1970s further quickened the development
pace, in the city of, Shreshth Pradesh. It is noteworthy that post-LPG era saw several
multinational companies (“MNCs”), small/ large scale industries and manufacturing
units mushrooming in and around the city of Shreshth Pradesh.

4. Armani Group is an indigenous multinational conglomerate, headquartered in Shreshth

Pradesh, capital of Dakshin Pradesh. It was founded by Raman Armani in 1980 as a
commodity trading business, with the flagship company Armani Enterprises. The
Group's diverse businesses include port management, electric power generation and
transmission, renewable energy, mining, airport operations, natural gas, food
processing and infrastructure.

5. In 2020, Armani Group crossed US$100 billion in market capitalization, and in 2022 it
crossed the $200 billion mark, in both cases becoming the third Dakshin Pradesh

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conglomerate to do so, after Mandora Group and Trilient Industries. In December 2022,
it reached $280 billion (INR 24 trillion) surpassing Mandora Group. More than 60
percent of the Armani Group's revenue is derived from coal-related businesses. The
company's corporate debt totaled $30 billion in 2022.

6. In the first few weeks of 2023 there was a steep decline in the share price of the Armani
Group of companies. The decline in the share price was precipitated by a report
published by Turquoise Research on 1st January 2023.

7. This report inter alia alleges that the Armani Group of companies has manipulated its
share prices; failed to disclose transactions with related parties and other relevant
information concerning related parties in contravention of the regulations framed by
FEBDP (Financial Exchange Board of Dakshin Pradesh); and violated other provisions
of securities laws. The report also states that Turquoise Research has taken a short
position in the Armani Group companies through foreign traded bonds and non-
Dakshin Pradesh traded derivative instruments.

8. Armani subsequently lost more than $100 billion of market capitalization after alleged
fraud and market manipulation allegations by short-seller firm Turquoise Research. The
Armani Group has also attracted other controversies due to various reports of irregular
practices.

9. It was alleged in the Turquoise Research report that public money amounting to
thousands of crores is at risk because public institutions like the Federal Bank of
Dakshin Pradesh and the Jeevan Insurance Corporation of Dakshin Pradesh are exposed
to the Armani Group.

10. The Turquoise report also alleges that “the Armani Group has been in flagrant violation
of ... Rule 19A of the Securities (Regulation) Rules by surreptitiously controlling more
than 75% of the shares of public listed Armani group companies, thereby manipulating
the price of its shares in the market.” It inter alia seeks a court-monitored investigation
by a Special Investigation Team or by the Federal Bureau of Investigation into the
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allegations of fraud and the role played by top officials of leading public sector banks
and other lender institutions.

11. On the basis of the allegations in Turquoise research report, several investor groups
filed petitions inter alia seeking the issuance of directions to the Union of Dakshin
Pradesh and the Union Ministry of Home Affairs to constitute a committee headed by
a retired judge of the Federal Court to investigate the allegations.

12. Another group of investors in a separate petition, have asked for the issuance of
directions to the Union Ministry of Home Affairs of Dakshin Pradesh to register an FIR
against Mr. Clive Loyd (the European founder of Turquoise Research) and his
associates for short selling, and for directions to recover the profits yielded by the short
selling to compensate investors.

13. FEBDP (Financial Exchange Board of Dakshin Pradesh) has placed on record a brief
note on the factual and legal aspects describing the existing statutory regime, regulatory
mechanisms and frameworks in place for the protection of investors. It has also laid out
the regulatory framework governing short selling and stated that:
a. It has adopted a disclosure based regulatory regime for both issuance of and trading
in securities. This is in line with the discontinuation of pricing control for capital issues
in favour of the principle of free discovery by the markets based on demand and supply
from informed investors; and
b. It is “strongly and adequately empowered to put in place regulatory frameworks for
effecting stable operations and development of the securities markets including
protection of investors.”

Issues:

After getting satisfied on the maintainability of the PIL, the Hon’ble Federal Court has issued
the notice to the parties and has fixed the matter for hearing on the following issues:

a. Whether the Turquoise Research Report amounts to a violation of the fundamental right of
freedom to carry on business, trade or profession of the Armani Group?

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b. Whether the Turquoise Research Report amounts to a violation of the national interests of
the country of Dakshin Pradesh?

c. Whether the State of Dakshin Pradesh has failed in its duty and obligation to protect and
safeguard the interests of investors of Dakshin Pradesh?

Notes:

A. The parties are allowed to raise and plead the additional issues incidental to the facts of the
moot proposition.

B. The Petitioner shall present arguments on behalf of investors and the Respondent shall
present arguments on behalf of the Union of Dakshin Pradesh.

C. The national and international laws, policies, obligations/ commitments (inter alia relating
to Constitution, Securities Laws, Banking Laws of Dakshin Pradesh are pari materia to that of
Republic of India. Parties are independent to cite case laws from Indian Courts as persuasive
precedent.

Disclaimer: This case is purely fictional. Any resemblance to names, properties and
associations is purely coincidental.

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