1ST COMPONENT

1. CIVIL MOOT: -

SHAKHI (APPELLANT) vs. MITRA (RESPONDENT)

FACTS:
The petitioner is filing this Special Leave Petition against the impugned and final order dated
24.07.2021 passed by the High Court of Madras. Petitioner herein is a resident of Chennai.

ISSUES: Whether the High Court erred in

a. allowing the appeal on the ground of the petitioner’s remarriage?
b. not considering the welfare and best interests of the child as the paramount
consideration while deciding custody?
c. not giving an opportunity to the child to express his willingness in the matter of custody,
thereby violating the principle of natural justice?
d. considering the financial status of the parties as the sole determining factor in deciding
custody, rather than considering the overall welfare of the child?

GROUNDS:
1. That the HC erred in law by holding that the remarriage of the appellant was a
ground for depriving her of custody of her child.

Case: Suman Kapur v. Sudhir Kapur (2009), the Delhi High Court held that the
remarriage of the mother was not a ground for depriving her of custody of her child if
the child’s welfare was not affected. The court held that the welfare of the child
should be the paramount consideration in determining custody.

2. The HC failed to consider the welfare of the child as the paramount consideration
in determining custody and failed to take into account all relevant factors in
determining the child's best interests.

Cases: Gaurav Nagpal v. Sumedha Nagpal (2009) & Elizabeth Dinshaw v. Arvand
Shaw Dinshaw, (1987) 1 SCC 42: - Supreme Court held that the paramount
consideration in determining custody of a child is the welfare of the child.

3. The High Court failed to consider the fact that the child had been living with the
appellant (the mother) for several years and that she had been taking care of him. The
High Court erred in law by not considering the fact that the Appellant is the natural
mother of the child and that the child has been in her custody for a significant
period. There is a presumption that the natural parent is the most suitable person to
have custody of the child unless there are compelling reasons to the contrary.
 Cases: Rosy Jacob v. Jacob A. Chakramakkal (1973) & Anjali Kapoor vs. Rajiv
Baijal (2009), the Supreme Court held that the natural parent is generally the most
suitable person to have custody of the child, and there must be compelling reasons to
deny custody to the natural parent.

4. That the child’s wishes were not taken into account in determining custody. The
High Court did not appoint a counsellor or an expert to interview the child and
provide a report on his best interests.

Cases: Gaurav Nagpal v. Sumedha Nagpal (2009), the Supreme Court held that the
court should take into account the wishes of the child, if he or she is old enough to
express a view, and also consider the report of a counselor or an expert in determining
the child's best interests

PRAYER:
In the facts and circumstances, the Petitioner most respectfully prays that your Lordships may
be graciously pleased to allow this appeal and as follows:
1. To set aside the order passed by the High Court and to restore the order of the
family court granting her custody of the child.
2. To order that the welfare of the child be the paramount consideration in determining
custody and to consider all relevant factors in determining the child's best interests.
3. To declare that the Petitioner’s remarriage is not a ground for depriving her of
custody of the child.
4. To direct the trial court to appoint a counsellor or an expert to interview the child and
provide a report on his best interests.
5. Any other relief that the court deems fit and proper in the circumstances of the case.

ATTACHMENTS:
Annexure-A = copy of the marriage certificate.
Annexure-B = copy of the family court’s final order
Annexure-C = copy of the order of the High Court

POSSIBLE QUESTIONS:
a. Why file SLP under article 136 and not Second Civil Appeal under article 133?
Supreme Court SLP Judgement - S.S. Rana & Co. (ssrana.in)
b. Why order 16 rule 4(1)(a) used?
c. Why verification and Vakala Nama are use?
Vakalatnama is a written document that is given by a client to an advocate
to appear and or plead before any court of law on behalf of him. It is also
known as a memo of appearance, Vakilat Patra, VP. There is no mention
of any particular definition of Vakalatnama in the civil procedure code
1908 as well as the Power of Attorney Act, 1882.

The following can authorize a Vakalatnama:

 An aggrieved person can authorize a Vakalatnama
 Anybody holding the Power Of Attorney for the aggrieved person
  Anybody representing the aggrieved person in business or trade in that
jurisdiction.
 A Vakalatnama can also be authorized by a joint party in a case in order to
appoint either a set of advocates or the same advocate

A good Vakalatnama should contain the following:

 The date the Vakalatnama would be executed
 The name of the case/cases in which the advocate is being appointed
 The name of the court/courts in which the advocate is being appointed
 The name of the person authorizing the Advocate/advocates
 If the Vakalatnama is not executed by the issuer in person, then a written
document should support the appointment of the advocate
 The advocate’s address so appointed
 The power is given to the lawyer
 Signatures of the parties
 Advocate’s signature accepting the Vakalatnama

A Vakalatnama is valid until:

 The death of the client; or
 The death of the lawyer; or
 The client withdraws it; or
 A court gives approval for the lawyer to withdraw it
 The conclusion of the court case

d. Court fees on filing this, if any?

SC fees for filing

 SLP = 1500
 SLP in special petition = 5000
 Every other application is INR = 200

e. Affidavit: - Affidavit basically is a statement on oath, which is given beforethat

a particular fact is true and correct as per the knowledge of the deponent.
Order 19 of CPC provides for the law relating to Affidavits in civil matters and
Ss.296-297 of Cr.P.c deal with affidavits in case of criminal matters.

f. whether an AOR is necessary for filing SLP?

Yes, also for filing an appearance

 2. CRIMINAL MOOT: -

STATE OF YZ (PROSECUTION/ STATE) VS. RANJAN SINGH (APPLICANT/ PETITIONER/

ACCUSED)

FACTS: That on 9/10/2020, Mr. Ajay was driving his car with the applicant, from the college
auditorium back to his house, when he was harassed & chased by both Mr. Sukesh and late
Mr.Naresh, who attacked them without any provocation.
FIR NUMBER: 089/2020
UNDER SECTION: 302/301OF IPC
POLICE STATION: AB DISTRICT, YZ STATE
ACCUSED UNDER CUSTODY SINCE: 10TH OCTOBER 2020

JURISDICTION: application under section 439 of CrPC.

GROUND:

1. That the applicant is innocent and has been falsely implicated in this case. The incident
happened due to grave and sudden provocation on part of Mr. Sukesh, who open fired at
the accused, forcing him to act under self-defence, thereby causing the accident.

2. That the injury caused to the complainant was purely accidental, and it was not the
accused’s’ intention to cause any harm. Finally fearing for his life, he had to flee from
the place with the injured Mr. Agay.

3. That the accused a SMV College Student, is resident of AB, YZ State and is a law-
abiding citizen who has no previous criminal record. The accused is a family person who
are dependent on him for their livelihood.

4. That the accused was arrested on 10/10/2020 and has been in judicial custody since then.
The accused has been fully cooperating with the investigating agency and has not
tampered with any evidence or tried to influence any witness.

5. That the accused is ready to abide by any conditions that this Hon'ble Court may deem fit
while granting him bail. The accused undertakes to appear before the Court whenever
required and not to tamper with any evidence or influence any witness.

6. That the accused is entitled to bail as a matter of right as the investigation in the case has
been completed, and the charge sheet has been filed.

7. That the applicant undertakes that he will not, directly or indirectly, make any
inducement, threat or any promise to any person acquainted with the facts of the case so
as to dissuade him to disclose any such facts to the court or the police officer.
8. That the applicant further undertakes not to tamper with the evidence or witness of the
case in any manner.

9. That the applicant shall not leave India without the previous permission of the court.

10. That the applicant is ready and willing to accept any other condition the court or police
officer willing to impose in relation with the case.

PRAYER:

In view of the above stated facts and circumstances it is most respectfully prayed that this
Honorable Court may be pleased to

A. Grant bail to the Petitioner in connection with FIR No. 89/2020 registered under section
301 & 302 of IPC, at AB district, YZ state police station.
B. Pass any other such order as this Honorable Court may deem fit and proper in the interest
of justice.

ATTACHMENTS:

Copy of the FIR

POSSIBLE QUESTIONS:
1. Types of Bail: - Regular, Anticipatory & Interim Bail
2. Contains of bail:
The name of the court under which the bail application is going to be
filed.
The section of CrPC
The name of the parties
The FIR number
The name of the police station in which the accused is in custody
The date and day on which the custody of the accused was made
The ground on which the accused should be granted bail
The surety of the accused not absconding if bail is granted
The signature of the applicant
Prayer

https://www.legalbites.in/bail-application/?infinitescroll=1
3. Are there any court fees applicable on the bail?
Differs from state to state (2 lakh in Delhi or 10,000 in Raj for non-bailable
offence)
4. Why section 439 and not section 438 was used for filing this application?
5. Whether any Verification Certificate or Vakalat-Nama is required to be
attached along with the bail application?
6. Detail about section 301 & 302 of IPC, Punishment, bailable or non-bailable/
cognizable or non-cognizable and etc.
 According to section 301 of Indian penal code, If a person, by
doing anything which he intends or knows to be likely to cause
death, commits culpable homicide by causing the death of any
person, whose death he neither intends nor knows himself to
be likely to cause, the culpable homicide committed by the
offender is of the description of which it would have been if he
had caused the death of the person whose death he intended
or knew himself to he likely to cause.
3.
IPC | PUNISHMENT OF MURDER | TRANSFER OF MALICE | SECTION 302 |
SECTION 301 | CASE LAWS | PART III | - Bing video
 4. CONSTITUTIONAL MOOT: -

ACTION COMMITTEE FOR UNAIDED RECOGNIZED PRIVATE SCHOOL (PETITIONER) VS.

GOVT OF NCT, DELHI AND UOI (RESPONDENT)

&

ANUP CHAND (PETITIONER) VS. GOVT OF NCT, DELHI (RESPONDENT)

JURISDICTION:

PIL under article 32 of the constitution of India r/w article 142 of the constitution of India,
challenging validity of odd-even scheme of govt of NCT of Delhi.

ADDRESSED TO: CJI

FACTS:

ISSUES:

GROUNDS:

PRAYER:

Therefore, the abovenamed Petitioner in the light of the facts and circumstances of the
present case, most respectfully pray that this appeal is allowed by this Hon’ble Court and the
Court be pleased to issue writ in the writ in the nature of certiorari or any or any other
appropriate writ, order or directions, to the Respondent:

I. Declaring the order of the DGT dated 09.07.2019 as void ab initio and
inoperative as it is arbitrary, irritational, unconstitutional, abuse of power,
contrary to statutory provision;

II. Declaring the Odd-Even Scheme of Govt of NCT of Delhi, Notice No.
23(1549)/CAP/TPT/PCD/2019/1579/78617 dated 01.11.2019 as void ab
initio and inoperative as it is arbitrary, irritational, unconstitutional, abuse
of power, contrary to statutory provision;
 III. Pass any order that this Hon’ble Court may deem fit and reasonable in the
interest of justice and equity.

ATTACHMENTS:

Annexure-A =
Annexure B =

POSSIBLE QUESTIONS:

CIVIL OBSERVATIONS = 2ND COMPONENT

Civil suits are legal actions initiated by a plaintiff against a defendant seeking a legal remedy.
This legal remedy may include compensation for damages, injunctions, or specific
performance of a contract. The following is a step-by-step guide on how to file a civil suit in
India.

Step 1: Drafting of the Plaint

A plaint is a legal document that sets out the facts of the case, the legal grounds for the claim,
and the relief sought by the plaintiff. The plaint should be drafted in accordance with the
provisions of the Civil Procedure Code, 1908.

Step 2: Filing the Suit

The next step is to file the suit in the appropriate court. The civil suit can be filed in the court
having jurisdiction over the matter. The jurisdiction of the court is determined by the location
where the cause of action arose or where the defendant resides.

Step 3: Court Fees

The plaintiff is required to pay the court fees at the time of filing the suit. The court fee is
calculated based on the relief sought by the plaintiff.

Step 4: Service of Summons

The court issues a summons to the defendant. The summons is a legal document that informs
the defendant of the lawsuit and requires them to appear before the court on a specified date.

Step 5: Written Statement

The defendant is required to file a written statement in response to the plaintiff's plaint. The
written statement should be filed within 30 days from the date of service of summons.

Step 6: Discovery

Discovery is a process of exchanging relevant documents and evidence between the parties to
the suit.

Step 7: Trial

The court will conduct a trial to determine the facts of the case and the legal issues involved.
Both parties will present their evidence and arguments to the court.

Step 8: Judgment

The judgment will contain the court's decision on the case, the legal reasoning behind the
decision, and the relief granted to the plaintiff.

Step 9: Appeal

If either party is dissatisfied with the judgment, they may file an appeal in a higher court. The
appeal should be filed within the prescribed time limit and should contain the grounds for the
appeal.

Filing a civil suit in India is a legal process that involves following a set of procedures. It is
important to follow these procedures carefully to ensure that your case is filed correctly and
to maximize your chances of success.

CRIMINAL OBSERVATION = 3RD COMPONENT

That the present matter of cheque bounce revolved around issuance of cheque by the petitioner
which got bounce with an endorsement "funds insufficient".

It was further admitted that, a legal notice was issued on behalf of respondent within the
stipulated time calling upon the respondent to pay the cheque amount.

The petitioner had filed the summary criminal case before the Judicial Magistrate of First class,
Bhubaneswar, wherein the respondent was duly served with the summons and pleaded not
guilty.

PROCEDURE OF FILING THE COMPLIANT U/S.138 OF THE NEGOTIABLE

INSTRUMENT ACT, 1881

 The cheque needs to be presented to the bank within a period of three months from
the date on which it was drawn, whichever is earlier.

 A legal notice shall be issued to the drawer within 30 days of dishonor of the cheque
by Registered Post with all the relevant facts. The drawer is provided a period of not
more than 15 days to make the payment if the payment is made then the matter is
resolved and the issue is settled. If the payment is not made then the Complainant can
file a criminal case under Section 138 of the NI Act, against the drawer within 30
days from the date of expiry of 15 days specified in the notice, with the concerned
Magistrate of competent jurisdiction.

 If the court is satisfied with the Complainant, Summons is then issued to the Accused
to appear before the Court. If the accused abstains from appearing before the Court
after the Summons is served to him, then the court may issue a Bailable Warrant, if
the accused further defaults the appearance then Non-bailable warrant may be issued.
Upon the appearance of the accused, he may furnish a Bail Bond to ensure his
appearance during the trial.

 If Accused pleads guilty, the court will post the matter for punishment. If the accused
denies the charges then he will be served with a copy of the complaint.

 The Complainant may present his evidence by way of affidavit and produce all
documents including the original cheque in support of his complaint. The
Complainant will be cross-examined by the accused or his counsel.

 The Accused will be given an opportunity to produce his evidence and to submit his
documents in support of his case, as well as witnesses in his support.

 The last stage of the proceeding is that of the arguments after which the court will
pass judgment. If the accused is acquitted then the matter ends, but the Complainant
can go on further appeal in the High Court, similarly, if the accused is convicted he
can file an appeal in the Sessions Court.
STAGES OF CRIMINAL MATTER
1. Pre-trial Stage- cognizable or a non- cognizable offence
2. Production before the Magistrate- The accused shall be produced before the
Magistrate within 24 hours of arrest minus the time required for the
transportation.
3. Criminal trial stages: Various criminal trials have been provided by the law
in India. These could be broadly divided into warrant, summary and summons
trials. There are also Sessions Trials, which are heard before the Session’s
Court and have their own set of procedures.
 Framing of Charges-
 Plea of Guilty-
 Evidence by prosecution-
 Statement of the Accused-
 Defence evidence-
 Final arguments and judgments-

4TH COMPONENT

5TH COMPONENT

The concept of client counselling involves the lawyer assisting his client in taking the
decisions and not taking the decisions on their behalf of them. Unlike other counselling,
in legal counselling, the client might be looking for possible remedies for his situation.

IMPORTANCE OF CC INCLUDES: -
4. Building Trust and Rapport:
5. Understanding the Client’s Perspective:
6. Providing Information and Guidance:
7. Managing Emotions and Expectations:
8. Improving Communication

PURPOSE OF CLIENT INTERVIEWING: -

To gather information about the client’s legal situation and to understand their goals and
concerns.
By understanding the client’s goal and concerns, the lawyer can provide legal advice that is
tailored to their specific needs and interests.

The lawyer may also use the information gathered in the interview to develop a strategy for
the case and to communicate effectively with the client throughout the legal process.

PRE-TRIAL PREPARATION
Meaning:
 process of gathering and organizing information, evidence and witnesses in
anticipation of a trial.
 It involves various activities, such as conducting investigations, reviewing documents
and records, interviewing witnesses, and formulating legal strategies.
 It also helps attorneys to identify weaknesses in their cases and address them before
trial.
Key Tasks Involved:
1. Reviewing evidence:
2. Conducting interviews:
3. Drafting pleadings:
4. Conducting discovery:
5. Developing legal strategies:
6. Preparing for trial:

CC-1 = section 354C of IPC & 67 of IT act

CC-2 = section 74 of the Indian contract act.