7th KIMCC Brochure - KIIT Law School Moot Court Society

7TH KIIT INTRA MOOT COURT COMPETITION
(KIMCC), 2015
Organised by:KIIT law School Moot Court Society
School of Law, KIIT University.
Conducted on: 28th & 29th March, 2015
KIMCC BROCHURE
1. Statement of Facts
2. The KIMCC Rules, 2015
3. The Timeline
4. The Registration Form
1. STATEMENT OF FACTS
Ravi Sharma was an NRI software engineer employed in a company called COMPUSOFT,
situated at Monitoba, Canada. During the year 2010 Ravi developed friendship with Raveena
through FACEBOOK and gradually developed intimacy with her. In December 2010, Ravi
invited Raveena and her parents to Canada and also sent them three (3) Air tickets for their visit
to Canada. In response to the invitation, Raveena and her parents visited Monitoba and stayed
there for a week. In January 2011, Ravi proposed Raveena for marriage which was also approved
by her parents. An engagement ceremony was organized where limited family members
participated and after the engagement ceremony Ravi went back to Monitoba.
Ravi again invited Raveena after the engagement to come to Monitoba and pursuant to Ravi’s
invitation Raveena went to Monitoba on 3rd February 2011. On 4th March 2011 Raveena
informed her parents that Ravi and she will soon be married and she was lucky to have such life
partner. On 8th April 2011 Raveena informed her mother about her marriage with Ravi at a local
Hindu Temple there. She further informed her that, soon they will register their marriage.
During 2011, COMPUSOFT opened its branch at Mumbai and sent Ravi to India as the country
Head. Sometime during October 2011, Ravi developed intimacy with Sangeeta, a Manager of the
COMPUSOFT. Ravi proposed Sangeeta, for marriage and soon they were engaged on 25th
December 2011. After engagement with Sangeeta, Ravi’s attitude towards Raveena changed but
he did not reveal anything to her. From Monitoba, Raveena informed her mother about the
changed behaviour of Ravi and requested her to contact Ravi as he is not responding to her calls.
Soon Raveena’s father came to know about the relationship between Ravi and Sangeeta.
However, he did not reveal it to Raveena. In the meantime, Sangeeta became pregnant and she
pressurized Ravi to marry her. But, Ravi avoided the situation. When Raveena’s father informed
Mr. Amit (Sangeeta’s brother) about the relationship of Ravi with his daughter he became very
disturbed.
On April 10th 2012 Mr. Amit went to Ravi’s office and had hot arguments with Ravi. Later, Ravi
ordered his security personnel to drag Mr. Amit out of his office and inform the Police. Soon
Police arrived and Mr. Amit was arrested. However, soon he was released on personal bond
from the Police station. On the same day, Ravi telephoned Sangeeta about the incident and
warned her not to keep any relationship with him any further.
On April 12th 2012 Ravi telephoned Raveena to come back to India immediately. When
Raveena came back to India, Ravi went to her house and told her that he is no more interested
to keep any relationship her. He accused her father as the ‘trouble maker’ and threatened to take
legal action against him. Further, On April 20th 2012 Mr. Amit discussed the whole situation
with his friends Mr. Madan Puri, Mr. Govind Pandey and one Mr. Tapan Bose. All of them
decided to teach Ravi a lesson.
On the same day, Raveena’s father narrated the whole episode to his brother-in-law Mr. Suresh
Kulkarni and his brother Mr. Amrit Kulkarni. After the discussion, Raveena was asked to go
back to Monitoba to secure her marital position. On 21st April 2012, Raveena went back to
Monitoba without intimating Ravi. Further, on 24th April 2014, at about 11.30 PM when Ravi
was returning from office in his car Madan Puri, Govind Pandey and Tapan Bose stopped him at
the entrance gate of his residence and assaulted him with iron rods. Taking the advantage of the
situation, Suresh and Amrit came and gave two knife blows, one on the back and the other on
the lower abdomen. When Ravi fell down on the ground bleeding profusely Madan Puri, Govind
Pandey and Tapan Bose ran away from the spot out of fear.
In the meantime, some passers-by informed the Police and Ravi died in the hospital on 26th
April 2014. Police arrested all the accused persons Madan Puri ,Govind Pandey, Tapan Bose,
Amit as well as Suresh and Amrit Kulkarni and charged them under Section 107, 120-A, 300, 302
read with Section 34 of the IPC. The post-mortem report suggested that the deceased died due
to deep injury on the skull (Lamodial Suture).
After the death of Ravi, Raveena filed a civil suit to claim the property of Ravi as his lawful wife
but could not produce any marriage certificate from Monitoba. Likewise, Sangeeta claimed the
property of Ravi as the mother of the unborn illegitimate child of deceased Ravi.
The teams are at liberty to frame their own issues as they deem fit. The First speaker will deal
with the Criminal Case and the Second Speaker will deal the Civil Case.
* This Moot Problem is drafted by Prof. (Dr.) Prabir Kumar Pattnaik, (Professor KIIT
School of Law).
2. KIMCC RULES & PROCEDURE
A]. TEAM COMPOSITION
1. Each team shall consist of three members, comprising of two speakers and one
researcher.
2. Any alteration of names of the team members shall be informed through e-mail before
last date of registration (25th February 2015) at [email protected]. However any
such alteration is permitted only once.
B]. PARTICIPATION AND REGISTRATION PROCEDURE
1. Interested teams should register their team by submitting attached Registration Form to
Mrs. Pratiti Nayak (Faculty Convenor) or Mojahid Karim Khan (Student Joint
Convenor) before 25th February 2015.
2. Memorial submission is mandatory in order to appear for the oral rounds.
3. No person to person query will be entertained, every query will be entertained through
formal email at [email protected].
4. For further information of dates please refer to the Timeline attached.
5. Participants are directed not to approach faculty members of KIIT School of Law.
Violation of this rule would lead to diqualification.
C].
MEMORIAL SUBMISSION GUIDELINES / RULES
The following guidelines for the memorials must be strictly followed. Noncompliance will entail
penalties as provided below:
1. Teams have to prepare memorials for both the Appellant and the Respondent.
2. Teams shall submit soft copy at [email protected] and 4 (four) hard copies of the
memorials for each side (Appellant & Respondent) (Total 4 X 2 =08 Memorials)
before 15th March 2015, 1700 Hrs to Mrs. Pratiti Nayak (Faculty Convener) in person.
3. The memorials have to be submitted on A4 size paper, printed on only one side, and
must contain the following sections.
I.
Cover Page;
II.
Table of Contents;
III.
Index of Authorities;
IV.
Statement of Jurisdiction;
V.
Statement of Facts;
VI.
Statement of Issues;
VII.
Statement of Arguments;
VIII.
Arguments Advanced; and
IX.
Prayer.
4. The memorials must be printed in Times New Roman 12 font size with 1.5 spacing. The
footnotes must be in Times New Roman 10 font size with 1.0 spacing. And should
contain the ‘Team Code’ on cover page. (Top-Right Corner)
5. The arguments advanced should not exceed 15 pages.
6. The memorials as a whole should not exceed 25 pages including the cover page.
7. The memorials should be covered with a plastic cover or a spiral bound.
8. The memorials should have a margin measuring one inch on all sides of each page.
9. The page numbering should be on the bottom of each page.
10. The Appellant’s memorial cover page shall be printed on Blue Colour A4 size paper, and
Respondent’s memorial cover page on Red Colour A4 size paper.
11. The teams have to use 18th edition Blue Book for citation format throughout the
memorial.
12. Footnotes shall contain only the citations. There shall be no speaking footnotes in the
memorial.
13. The maximum scores for the memorial shall be 100 marks. The memorials shall
be evaluated on the following criteria and any noncompliance with above criteria shall
result in penalty of 2 marks per missing section.
Sl.No
PARTICULARS
MARKS
1.
Knowledge of Law and Facts
30 Marks
2.
Proper and articulate analysis
20 Marks
3.
Extent and use of Research
20 Marks
4.
Clarity and Organization
20 Marks
5.
Grammar and Style
10 Marks
TOTAL
100 Marks
D]. ORAL ROUNDS
1. Each team will get a total of 15 minutes to present their case. This time will include
rebuttal and sur-rebuttal time. Any time exceeding the allotted time shall be penalised.
The penalty shall be of 1 marks for every two minutes exceeded.
2. There shall be two oral rounds per team, presenting both appellant and respondent.
3. The division of time per speaker is left for the discretion of the team subject to a
minimum of 10 minutes per speaker.
4. The oral argument should be confined to the issues presented in memorial.
5. The researcher shall be present with the speaker during the oral rounds.
6. Passing of notes/chits to the speaker by the researcher is not allowed. Maximum scores
for the oral rounds shall be 100 points per speaker.
7. The participants shall be mandatorily abide by the dress code as per prescribed by the
Bar Council of India.
8. Strict Adherence to Court Manners shall be observed by all the participants.
9. The oral rounds shall be judges on the following criteria:
Sl.No
PARTICULARS
MARKS
1.
Knowledge of Law
20 Marks
2.
Application of Law to Facts
20 Marks
3.
Ingenuity and Ability to Answer
20 Marks
4.
Style, Poise, Courtesy and Demeanour
20 Marks
5.
Time Management
10 Marks
6.
Organization
10 Marks
TOTAL
100 Marks
E]. FINALITY OF DECISION
The decision of the judges with regard to the outcome of the rounds shall be final.
F]. CLARIFICATIONS
All clarifications regarding the Moot Problem should be sent before to [email protected].
No questions/clarifications over phone/ any means other than e-mail shall be entertained.
G].
AWARDS
1. Winner
–
KIMCC Winner’s Trophy & Book Hampers
2. Runner’s-up
–
KIMCC Runner’s up Trophy & Book Hampers
3. 2nd runner’s up
–
KIMCC 2nd Runner’s-up Trophy &Book Hampers
4. Best Memorial
–
KIMCC Best Memorial Award & Book Hampers
5. Best Speaker (Male)
–
KIMCC Best Speaker Medal & Book Hampers
6. Best Speaker (Female)
–
KIMCC Best Speaker Medal & Book Hampers
7. Best Researcher
–
KIMCC Best Researcher Medal & Book Hampers
*Other participants would be provided with certificate of participation.
3. THE TIMELINE
Sl.NO
PARTICULARS
DATE/TIME
26th November 2014
1.
Disclosure of Moot Court Proposition
2.
Last Date of clarification
3.
Release of Clarification
4.
Last Date of Registration
5.
Team Code allotment
10th March 2015
6.
Memorial Submission( Both Sides)
15th March 2015
7.
Party Allotment ( Phase 1)
25th March 2015
8.
Party Allotment ( Phase 2)
26th March 2015
9.
Researchers Test
26th March 2015
25th February 2015
05th March 2015
25th February 2015
10. Exchange of Memorials
27th March 2015
11. Moot Court Competition ( Round 1)
28th March 2015
12. Moot Court Competition ( Round 2)
29th March 2015
13. Declaration of Result
01st April 2015
14. Award Function & Prize Distribituion
10th April 2015
#Disclaimer: The KLSMCS, hereby reserves the right to add/modify/alter/repeal any of the
above mentioned rules with notification to the same effect.
ORGANIZING COMMITTEE
Prof. P K Sarkar
Mrs. Pratiti Nayak
Mr. Jash Agrawal
Chairman
KLSMCS
Faculty Convenor
KLSMCS
Student Convenor
KLSMCS
Mr. Mojahid Karim Khan
Mr. Deban Satyadarshi Nanda
Joint- Convenor
KLSMCS
Administrator
7th KIMCC, 2015
[email protected]
+91 8093127332
[email protected]
+91 9437199520
“All KLSMCS Faculty and Student Members”
KIMCC 2015 Official Email ID: [email protected]
#(All Communications are to be addressed to the above official e-mail id.)
FOR REGULAR UPDATES
www.facebook.com/kimcc2015
The 7th KIIT Intra
Moot Court Competition
2015
REGISTRATION FORM
(TO BE FILLED IN CAPS) PARTICIPANTS DETAIL
SPEAKER 1
FULL NAME: ...................................................................................
YEAR & SEMESTER: ........................................................................
GENDER: .........................................................................................
Signature
CONTACT NO: .................................................................................
E- MAIL: ..........................................................................................
SPEAKER 2
FULL NAME: ...................................................................................
YEAR & SEMESTER: ........................................................................
GENDER: .........................................................................................
Signature
CONTACT NO: .................................................................................
E- MAIL: ..........................................................................................
RESEARCHER
FULL NAME: ...................................................................................
YEAR & SEMESTER: ........................................................................
GENDER: .........................................................................................
Signature
CONTACT NO: .................................................................................
E- MAIL: ..........................................................................................
[To be submitted to Ms. Pratiti Nayak (Faculty Convenor) or Mojahid Karim Khan (Student Joint Convenor)
before 25th February 2015, 1700 Hrs in person]