22

Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

  • Upload
    others

  • View
    51

  • Download
    1

Embed Size (px)

Citation preview

Page 1: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department
Page 2: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019

1

ABOUT DEPARTMENT OF LAW, PIMR

Prestige Institute of Management and Research (PIMR), Department of Law, is a well-established

premier Law School in the state of Madhya Pradesh which enjoys autonomous status conferred by UGC

since 2006. It is recognized by the University Grants Commission under 2(f) and 12 (b). The Institute

has been accredited by National Assessment and Accreditation Council (NAAC) and has received

NAAC “A” Grade by UGC in 2009 and further reaccredited with Grade “A” in 2014. It is an ISO

9001:2008 certified Institute. PIMR has also been consistently ranked amongst top Institutions in

Central India by various leading rating agencies. The institute is therefore, a premier establishment

providing quality education in the field of Law and Management.

The Institute is also recognized research Centre since 1996 and currently has 30 Ph.D. guides and 108

research scholars registered with it as a research Centre for Ph.D. program. Till date 70 research scholars

of PIMR have been awarded Ph.D. degree.

The institute is approved by Bar Council of India, New Delhi since 2015. The institute is offering a wide

and diversified course structured in the five year integrated law programs which are B.A.-LL.B (Hons.),

B.Com.-LL.B (Hons.) and BBA.-LL.B (Hons.) along with high quality curriculum in three years LL.B

(Hons.) and LL.M. The LL.M programme of our institute has two specializations, International Law &

Organizations along with Business Law, which makes us the only Law School of Central India to

provide specialization in the said programme of LL.M.

Page 3: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019

2

OFFICIAL RULES OF THE COMPETITION

1. GENERAL INFORMATION

1.1.These are the rules for the Dr. N.N. Jain National Moot Court Competition 2019.

1.2.The Dr. N.N. Jain National Moot Court Competition 2019 isgoing to be organized by

Department of Law, Prestige Institute of Management and Research, Indore (M.P.).

1.3.The Competition shall be conducted over a period of 3 days from 4th October 2019 to 6th

October 2019. Participating Students are required to report one day before the date of the

competition i.e. on 3rd October 2019 at 5:00 PM at the venue for the purpose of Draw of lots

and Memorial exchange.

1.4. The registration fee for the Competition is INR 4,200 per team.

1.5.The Moot Court Society (MCS) shall function as the point of contact, and any changes in the

Rules of the Competition shall be notified by email to all participating teams.

1.6.The Competition shall be conducted in accordance with the rules mentioned hereunder.

Participants are required to comply with the rules and procedures prescribed herein.

1.7. Official email for all correspondence with respect to the Competition: [email protected].

2. STRUCTURE OF COMPETITION

2.1.The Inaugural Function and Orientation of Participants will be held on 4th October 2019 at

10:00 AM.

2.2.The Competition shall consist of the following Oral Pleading Sessions:

(a) The Preliminary Rounds (4th Oct. 2019);

(b) The Quarter-Final Rounds (5th Oct. 2019);

(c) The Semi-Final Rounds (5th Oct. 2019); and

(d) The Final Round (6th Oct. 2019).

3. ELIGIBILITY

Students of three year and five-year law degree courses from any University/Law

School/College/Department are eligible to apply for registration of their team. However, a

maximum of one team shall be allowed to participate from anyone University/Law

School/College/Department.

Page 4: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019

3

4. TEAM COMPOSITION

4.1.Each team shall consist only of three members, comprising of two speakers and one researcher.

4.2.No alteration in the team is permitted once the team is registered for the competition.

4.3.Any person, other than three registered team members or escort/faculty member, is not eligible to

avail facilities reserved for the participants.

4.4.Inability of any team member to participate in accordance with the rules of this Competition

shall lead to immediate disqualification of the team from the Competition.

5. PARTICIPATION AND REGISTRATION PROCEDURE

5.1.The teams interested to participate are required to confirm their participation by sending an email

attaching the scanned copy of Annexure-A (Registration form), Annexure-B (Travel and

Accommodation details) duly filled and a scanned copy of demand draft, to

[email protected] stating the subject “Registration for National Moot Court Competition”

by 5th September 2019 11:59 PM.

*Registration date has been extended to 15th Sept. 2019.

5.2.Please note that such email has to be sent only through the

University/School/College/Department official email address. Emails sent through personal/non-

official email addresses and emails sent to any other address other than the above mentioned will

be ignored. Annexure-A and Annexure-B are attached here with this brochure.

5.3.The teams shall then send-

(a) the printed copy of Annexure-A (Registration form),

(b) the printed copy of Annexure-B (Travel and Accommodation details) and

(c) a non-refundable participation fee of Rs.4200/- (Rupees Forty-Two Hundred only) in the form of

a Demand Draft drawn in favor of DEPARTMENT OF LAW, PRESTIGE INSTITUTE OF

MANAGEMENT AND RESEARCH and payable at Department of Law, PIMR

Indore(clearly stating the name of the participants and participating institution at the

reverse side of the demand draft) addressed to:

Page 5: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019

4

Jalaj Sarmandal

Assistant Professor

Department of Law, Prestige Institute of Management and Research,

Prestige Vihar, Scheme 74-C, Vijay Nagar,

Opp. Life Care Hospital, Indore (M.P.)

Pin Code- 452010

Such is to be received by 12th September 2019 (extended- 20th Sept. 2019).

5.4. On receipt of the printed copy of Annexure-A and Annexure-B and the Demand Draft, the team

shall be formally registered as a participant for the event, and a team code shall be generated and

a confirmatory email, together with the team code, shall be sent to such team on the 14th

September 2019 (extended- 22nd Sept. 2019). Thereafter, for all further correspondence with

the organizers of the Competition and otherwise, all the registered teams shall identify and refer

themselves using the allotted team code only.

6. CLARIFICATIONS TO MOOT PROBLEM

6.1.Teams may seek Clarifications via e-mail to [email protected], latest by 20th August

2019 11:59 PM.

6.2.All Clarifications shall be mailed to the participants by 23rd August 2019. This date is subject to

change.

7. MEMORIALS

7.1.All memorials submitted for the purposes of the Competition shall strictly adhere to the rules as

stated below.

7.2.Teams have to prepare memorials for both the sides, i.e. Petitioners and Respondents.

7.3.The registered teams shall submit the pdf copy of their memorial for both sides by e-mail to

[email protected] by 18th September 2019 11:59 PM (extended- 24th Sept. 2019) and

shall send 6 printed copies (for each side) of such memorials by 25th September 2019

(extended- 30th Sept. 2019), addressed to:

Jalaj Sarmandal

Assistant Professor

Department of Law, Prestige Institute of Management and Research,

Prestige Vihar, Scheme 74-C, Vijay Nagar,

Opp. Life Care Hospital, Indore (M.P.)

Pin Code- 452010

Page 6: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019

5

7.4.When sending the memorials by e-mail in pdf format, please name the file pertaining to the

memorial for the respondent as R accompanied by the team code and the file pertaining to the

memorial for the petitioner as P accompanied by the team code. For example, for a team

assigned a code of 100, the pdf file for the respondent should be named as 'R100' and the pdf file

for the petitioner should be named as'P100'.

7.5.The cover page of the memorials sent, for both the soft and printed copies, shall clearly mention

the word “P” for memorials on behalf of the Petitioner, and the word “R” for memorials on

behalf of the Respondent, followed by the team code for both the instances, such being clearly

inscribed on the top right hand corner of the cover page of the memorial for the Petitioners and

Respondents. For example, if a team had been assigned a code of 100, the memorials sent by

such team shall have “P100” and “R100” clearly marked on the top right-hand corner of the

cover page of the respective memorials.

7.6.The teams should not disclose the identity of their institution anywhere on the memorial.

Violation of this rule will result in immediate disqualification.

7.7.The memorials have to be submitted on A4 size paper and must contain the following sections

in the order stated below-

- Cover Page;

- Table of Contents;

- Index of Authorities;

- Statement of Jurisdiction;

- Statement of Facts;

- Statement of Issues;

- Summary of Arguments;

- Arguments Advanced (Max. 25 pages);

- Prayer;

Non-compliance with the above criteria shall result in penalty of two marks per missing section.

Page 7: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019

6

7.8.The Cover Page of a Written Submission must contain the following information:

- The Team Code in the upper right-hand corner in accordance with Rule 7.5 of the Rules of

Competition.

- The name and year of the Competition.

- The name of the case.

- The side for which the Written Submission has been prepared.

- Name of the forum resolving the dispute.

7.9.The memorials must be printed in Bookman Old font with 12 font size and with 1.5 line spacing.

The footnotes must be in Bookman Old font with 10 font size and with 1.0 line spacing. The

memorials should have a margin measuring one inch on all sides of each page. To conserve

paper, teams may print their memorials on both sides of the A4 sheet and submit accordingly.

7.10. The numbering should be on the bottom-center of each page.

7.11. The teams have to use the citation method as stated in the 20th edition of the Harvard

Blue Book, for citation throughout the memorial, with strict adherence.

7.12. There shall be no speaking footnotes in the memorial.

8. PRESENTATION OF WRITTEN SUBMISSION

8.1.The hard copy of Written Submission shall be spiral bound only.

8.2.The cover page of the soft copies and hard copies of the Written Submissions shall comply with

the following colour scheme:

Applicant(s)/Appellant(s)/Petitioner(s) – Blue

Respondent(s) – Red

8.3.Each Team shall send a soft copy of the Written Submissions, via electronic mail, on or before

18th September 2019 (before 11:59 PM) (extended- 24th Sept. 2019) to

[email protected], and shall comply with Rule 7.3 and 7.4 of the Rules of the

Competition.

8.4.Any soft copy submission after 18th September 2019 (extended- 24th Sept. 2019) shall not be

accepted and the Team will not be allowed to participate in the Competition, except at the

discretion of the Moot Court Society. The decision of the Moot Court Society shall be final in

this regard.

Page 8: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019

7

8.5.It is the responsibility of each Team to ensure that the electronic copies of the Written

Submissions:

(a) can be opened and read with Adobe Acrobat Reader Version 8 and Microsoft Word 97-

2003 Document (through use of compatibility mode) or a later version and do not contain any

virus;

(b) are submitted as four (4) separate file attachments: two (2) as Written Submission for the

Applicant(s)/Appellant(s)/Petitioner(s) (one each in PDF and Microsoft Word (.docx/.doc)

format) and two (2) as Written Submission for the Respondent(s) (one each in PDF and

Microsoft Word (.docx/.doc) format); and

(c) are named according to the Team Code and the side for which the Written Submission is

prepared. The Team Code on the upper-right hand corner of the cover page is to follow the

same format. (For instance, Team 01 will name its Written Submission for the

Applicant(s)/Appellant(s)/Petitioner(s) as “01A” and Written Submission for the

Respondent(s) as “01R”.) Use of any other format (example “Team 01A” or “Team 01R”)

will be penalized.

8.6.Delay caused by courier services shall not be considered by the Moot Court Society. Teams are

required to send the soft copies and hard copies of the Written Submissions well in time, taking

all contingencies into account.

8.7.The hard copies of the Written Submissions must be identical to the soft copies of the Written

Submissions sent by the Team. Any violation of this rule shall attract penalty as determined by

the Moot Court Society. The decision of the Moot Court Society in this regard shall be final and

not subject to challenge.

8.8.Teams are required to carry their own hard copies of their Written Submissions for their personal

use. No hard copies of Written Submissions submitted by a Team to the Moot Court Society

shall be provided to such Team for their personal use.

8.9.Any decision of the MCS regarding the deductions shall be final and not open to challenge.

Page 9: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019

8

ORAL ROUNDS

1. Each team will get a total of 30 minutes during the preliminary rounds and Quarter final

round to present their case. For the Semi-final round each team will get 40 minutes to present

their case. For the Final rounds, each team will be permitted a total time of 60 minutes. The

time stated above includes the time required for rebuttal and surrebuttal.

2. The division of time per speaker is left to the discretion of the team subject to a minimum of 5

minutes per speaker in the preliminary and quarter final rounds, minimum of 7 minutes per

speaker in the semi-final round and minimum of 10 minutes per speaker in the final round.

3. The oral arguments should be confined to the issues presented in the memorial.

4. The researcher shall be present with the speakers during the oral rounds.

5. Passing of notes to the speaker by the researcher is allowed, upon discretionary rejection by the

Judges.

RESEARCHERS’S TEST

Researcher’s Test will be conducted on 2nd Day of the Competition i.e. on 5th October 2019, 9:00

AM. Maximum Marks for the researcher’s test will be 50 and test will be conducted in the written

manner. The results for the researcher’s test will be declared on 6th October 2019 at valedictory

ceremony.

DESS CODE

All the participants are required to follow lawyer’s dress code i.e. White shirt, black pant, black tie,

black shoes and black blazer throughout the event. Participants are required to be in formals even in

inaugural and valedictory ceremony.

Page 10: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019

9

ANONYMITY

1. Teams shall not reveal their Identity in any form, except by means of the Team Code assigned to

them.

2. Teams shall not, in any way, reveal their Identity in the Written Submissions or in the course of

the Oral Pleadings Session. The Written Submissions shall not bear the logo, name, etc. of the

Team, its members or the Institution/College/University represented by the Team.

3. Any material, including the Compendium, books, bare acts, or any other reference material,

carried into the courtroom for the Oral Pleading Session, whether presented to the Bench or

not, shall not reveal the Team’s identity and will be devoid of any identification marks/ seal of

the Team or the Institution/College/University represented.

RESULTS

1. The results shall be announced shortly after each round.

2. The results of the final round shall be announced at the valedictory and award ceremony, to be held

on 6th Oct. 2019.

PRIZES ANDAWARDS

Awards shall adhere to the following scheme:

S. NO. CITATION AWARDS

1. Winning Team INR 21,000 (cash prize)

2. Runner-Up Team INR 11,000 (cash prize)

3. Best Written Submission/Memorial INR 4,000 (cash prize)

4. Best Orator INR 5,000 (cash prize)

FINALITY OF DECISION

The decision of the judges with regard to the outcome of the rounds shall be final. For all the

purposes and in any dispute, the decision of the Moot Court Society of DOL, PIMR shall be final

and binding.

Page 11: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019

10

EVALUATION CRITERIA

1. Evaluation criteria for written submission:

Written Submissions will be marked on a scale of 100 marks as per the following criteria:

2. Evaluation Criteria for Oral Rounds:

The Oral Pleading Sessions will be marked on a scale of 100 marks per judge as per the

following criteria:

S. NO. MARKING CRITERIA MAX. MARKS

1. Knowledge of Law and Facts 10

2. Interpretation of Law and Application of Facts 10

3. Identification and Articulation of Issues and

Jurisdiction

10

4. Use of Authorities 10

5. Authoritativeness and Persuasiveness 10

6. Organization of Arguments 10

7. Clarity of Thoughts 10

8. Originality and Innovation 10

9. Presentation Style 10

10. General Impression 10

TOTAL 100

S. NO. MARKING CRITERIA MAX. MARKS

1. Knowledge of Law and Facts 10

2. Appreciation and Application of Facts 10

3. Interpretation and Application of Law 10

4. Use of Authorities 10

5. Response to Questions 10

6. Organization of Arguments 10

7. Clarity of Thoughts and Expression 10

8. Argumentative Skills and Creativity 10

9. Reference to Written Submissions in the course of Oral

Pleadings

10

10. Court Mannerisms 10

TOTAL 100

Page 12: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019

11

ACCOMMODATION, FOOD AND TRANSPORT

1. The team of Three (3) participants and any other member/faculty (if any) shall be provided

accommodation by the University for the duration of the competition only. However, the

interested students are required to inform, the Organizing Committee, through their Registration

Form, so as to enable them to make necessary arrangements.

2. Accommodation, Food and Transport between guest house/ hotel and the competition venue

will be provided by the PIMR, Department of Law from 3rd October 2019 to 6th October 2019,

12:00 PM.

3. Those teams who want to stay after 6th October 2019, 12:00 PM have to bear expenses for their

accommodation, food and transport.

4. Accommodation will be provided separately for boys and girl.

5. Participating teams (consisting of three members i.e. two speakers and one researcher) will be

received by the organizing teams at their respective places of arrival upon prior intimation.

Page 13: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019

12

OFFICIAL SCHEDULE

S. N.O. PARTICULARS DATE AND TIME

1. Last date of seeking Clarification 20th Aug 2019, 11:59 PM

2. Release of Clarification 23rd Aug. 2019

3. Last Date of Registration (via e-mail) along with scanned

copy of Annexure-A, Annexure-B and Demand Draft

5th September 2019,

11:59 PM

(extended- 15th Sept.

2019)

4. Last Date of Registration (hard copy) along with

Annexure-A, Annexure-B and original Demand Draft

12th Sept. 2019

(extended 20th Sept.

2019)

5. Confirmation of Registration and Team Code allotment 14th Sept. 2019

(extended 22nd Sept.

2019)

6. Last Date of Soft-copy Memorial Submission 18th Sept., 11:59 PM

(extended- 24th Sept.

2019)

7. Last Date of Hard Copy Memorial Submission 25th Sept. 2019

(extended- 30th Sept.

2019)

8. On desk Registration/ Draw of Lots/Exchange of

Memorial

3rd Oct. 2019, 5:30 PM

9. Inaugural Function 4th Oct. 2019, 10:00 AM

10. Preliminary Round-1 4th Oct. 2019

2 PM-3 PM

11. Preliminary Round-2

Followed by Draw of Lots and Memorial Exchange of

Quarters

4th Oct. 2019

3:15 PM-4:30 PM

12. Researchers Test 5th Oct. 2019, 9:00 AM

13. Quarter Final Rounds

Followed by Draw of lots and Memorial Exchange for

Semis

5th Oct. 2019

11 AM-12:30 PM

14. Semi-Final Rounds 5th Oct. 2019

3 PM-4:30 PM

15. Final Rounds 6th Oct. 2019

10 AM-11:30 AM

16. Valedictory Ceremony 6thOct. 2019

11:30 AM-1:30PM

Page 14: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019

13

MOOT PROBLEM

Sunita and Mahesh (a Major in Indian Army), both resident of Jalandhar, belonging to Ravidasia

community of Punjab, who are Hindus by religion, got married in 2007 in Anand Karaj form of

marriage, which is the marriage ceremony of Sikhs. The couple got their marriage registered as per the

provisions of the Hindu Marriage Act, 1955 and in effect a marriage certificate was issued by the

authorities. Out of this wedlock two children were born in the year 2008 and 2011 respectively.

In 2008, after taking retirement from Indian Army, Mahesh went to England for higher studies and

stayed there for two years. Then in April 2010, he moved to Canada and called his wife to join him

along with their first child. In January 2011, their second child was born in Canada. In February 2011,

he went to New York. Thereafter he asked Sunita to go back to India. In March 2011, Sunita along with

her children came back to Punjab (India).

After moving to New York, Mahesh severed all his contacts with Sunita. He has developed an extra

marital affair with a lady named Elizabeth Prescott. In January 2012, Sunita wrote a letter to Mahesh

expressing her willingness to join Mahesh in New York. Mahesh in reply wrote to Sunita that she

should not come to New York, as he was interested in getting their marriage dissolved. In April 2012, he

filed a petition for divorce in Trial Court of New York on the ground that his marriage has irretrievably

broken down.

Sunita could not contest these proceedings, she having no means to go to New York. Meanwhile in July

2012, the Trail Court of New York granted a divorce decree in favour of Mahesh. Further, the court

ordered that the husband would pay to the wife and children an amount of Rs. 50,000 per month for their

maintenance. Since Mahesh failed to pay maintenance to wife and children, Sunita approached the Trial

Court of New York through a letter and prayed that she be provided legal aid. Thereafter, proceedings

were initiated and warrants of arrest were issued against Mahesh. She further said that the ex parte

decree of divorce obtained by the husband was not binding on her and was illegal and that she continues

to be the wife of Mahesh. She further asserted that as per the provisions of Hindi Marriage Act, 1956,

the grounds of divorce (on the basis of adultery, cruelty and desertion) under Section 13 of the Act are

available to the wife under the given set of circumstances. In fact, she is the actual victim, who was

being further victimized by the order of the New York, Trial Court.

Page 15: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019

14

In April 2013, Sunita filed a petition under Section 9of the Hindu Marriage Act, 1955 for Restitution of

Conjugal Rights in the District Court, Jalandhar, Mahesh appeared in the court and filed an application

for dismissal of petition. He did not file any written statement and he referred to the decree of divorce

granted by the Trial Court of New York and said that despite of notice, Sunita did not consent the same

and by not raising any objection she is deemed to have accepted the jurisdiction of Foreign Court in

trying the petition and thus making the decree nisi-absolute by the Foreign Court and is thus estopped

from filing the present petition (Under Section 11 read with Section 151 of Code of Civil Procedure,

1908). The case is pending for adjudication in District Court, Jalandhar.

Prepare memorials and argue from both the sides.

Legal Issues*

1. Whether the marriage of Sunita and Mahesh is valid as per the provisions of The Hindu Marriage

Act, 1955?

2. Whether non-contest by wife of divorce petition filed by the husband in a Foreign Court implied

that she had conceded to the jurisdiction of the Foreign Court?

3. Whether the principle of Res-Judicata under Section 11 of Code of Civil Procedure, 1908 is

applicable to the proceedings being initiated in District Court, Jalandhar?

Statutes to be referred

1. The Code of Civil Procedure, 1908

2. Hindu Marriage Act, 1955

3. International Comity of Courts

*It is compulsory to frame these legal issues. Participants may add further legal issues.

Page 16: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019

15

General Information: -

1. Please fill out all the sections of the Registration Form and Travel and Accommodation Form for

participation in the Dr. N.N. Jain National Moot Court Competition, 2019. All fields are

mandatory.

2. Kindly note the registration fee for the competition is Rs. 4200 only.

3. Upon receipt of the duly filled-in Registration Form, Travel and Accommodation Form and

Demand Draft as per the rules below, the Moot Court Society (MCS) shall assign a Team Code

to such a Team. The Team Code will be communicated to the Team’s Official Team Contact

Person.

4. Duly signed and scanned copy of the Registration Form, Travel and Accommodation Form and

Demand Draft should be e-mailed to the MCS no later than 5th September 2019 11:59 PM

(extended- 15th Sept. 201911:59 PM). Registration Forms received after this deadline will not

be considered for participation in the Competition. The scanned copy of Registration Form must

be e-mailed to [email protected] with the subject “Registration on behalf of [Name of

the University/College/Institution].”

5. The hard-copy of the Registration Form, Travel and accommodation Form and Demand Draft

should reach the Moot Court Society via post/courier no later than 12th September 2019

(extended- 20th Sept. 2019).

6. The hard copies must be sent to the following address:

Jalaj Sarmandal

Assistant Professor

Department of Law, Prestige Institute of Management and Research,

Prestige Vihar, Scheme 74-C, Vijay Nagar,

Opp. Life Care Hospital, Indore (M.P.)

Pin Code- 452010

Page 17: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019

16

ANNEXURE-A

REGISTRATION FORM

(To be filled in block letters)

A. University Information: -

Name of Institution/College/University: _____________________________________________

______________________________________________________________________________

Address: ______________________________________________________________________

______________________________________________________________________________

Postal Code: ____________________________ City: __________________________________

Contact: _______________________ E-mail: ________________________________________

B. Participants Information: -

B1. Speaker-1

Full Name: ____________________________________________

Gender: _______________________________________________

Mobile Number: ________________________________________

E-mail: ________________________________________________

Current degree: __________________________________________

Signature: ___________________ Date: ______________________

B2. Speaker-2

Full Name: ____________________________________________

Gender: _______________________________________________

Mobile Number: ________________________________________

E-mail: ________________________________________________

Current degree: __________________________________________

Signature: ___________________ Date: ______________________

Photograph

Photograph

Page 18: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019

17

B3. Researcher

Full Name: ____________________________________________

Gender: _______________________________________________

Mobile Number: ________________________________________

E-mail: ________________________________________________

Current degree: __________________________________________

Signature: ___________________ Date: ______________________

We, the undersigned, confirm that the above mentioned three students are bonafide students of our

institute and we have obtained permission from their parents to participate in the Moot Court

Competition hosted by Department of Law, PIMR, Indore (M.P.).

Faculty-In-Charge: ____________________________________________________________________

Sign and Seal of Head of Institution: ______________________________________________________

Place: ______________________________________________________________________________

Date: _______________________________________________________________________________

SEAL OF THE INSTITUTE: ___________________________________________________________

Photograph

Page 19: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019

18

ANNEXURE-B

TRAVEL AND ACCOMMODATION FORM

A. Arrival Details*: -

Date of Arrival: _______________________________________

Mode of Transportation: ________________________________

Train/Flight/Bus No.: ___________________________________

Time of Arrival**: _____________________________________

Place of Arrival: _______________________________________

Would you require transportation? (From Place of Arrival to Campus): Yes/ No

B. Departure Details*: -

Date of Departure from PIMR-Indore: ______________________

Mode of Transportation: _________________________________

Train/Flight/Bus No. and Time**: _________________________

*Local Teams will not be provided transportation.

**Kindly clearly specify the time of arrival/ departure of your mode of commutation with ‘AM’

and ‘PM’.

C. Accommodation details*: -

Accommodation and hospitality facility required: Yes/No

If YES, then:

1. No. Male members: _________

Names: _______________________________________

_______________________________________

_______________________________________

2. No. Female members: ________

Names: _______________________________________

_______________________________________

_______________________________________

*Registration fees is same for the participants whether taking accommodation or not.

Page 20: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019

19

D. Details of additional Members/ Escort/ Faculty*:

If any: Yes/No

If YES, then:

1. Name of Male Member: __________________________________________

Contact No.: ___________________________________________________

2. Name of Female Members: ________________________________________

Contact No.: ____________________________________________________

Accommodation Required: Yes/No

*Accommodation for faculty member/escort is chargeable with Rs. 4200.

Date: Signature & Seal of Institution:

____________________ _________________________________________

Page 21: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department

Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019

20

CONTACT DETAILS

➢ For inquiry the participants can contact:

1. Prof. Jalaj Sarmandal (Faculty Convenor)

Ph. No.- +91 8463862126

2. Prof. Sayali Bandi (Faculty Co-convenor)

Ph. No.- +91 9406623322

3. Vivek Wilson (Faculty Co-convenor)

Ph. No.- +91 9616182869

➢ E-mail ID for queries:

[email protected]

➢ Venue of the Competition:

Department of Law, Prestige Institute of Management and Research,

Prestige Vihar, Scheme 74-C, Vijay Nagar,

Opp. Life Care Hospital, Indore (M.P.)

Pin Code- 452010

Page 22: Dr. N.N. JAIN · 2019-09-09 · Dr. N.N. JAIN NATIONAL MOOT COURT COMPETITION 2019 1 ABOUT DEPARTMENT OF LAW, PIMR Prestige Institute of Management and Research (PIMR), Department