SIXTEENTH ALL INDIA MOOT COURT

COMPETITION, 2016

FOR

T. S. VENKATESWARA IYER MEMORIAL

EVER ROLLING TROPHY

From 11thto 13th March, 2016

His Highness Maharaja’s Government Law College

Park Avenue Road, Ernakulam, Kerala- 682011
 16thAll India Moot Court Competition 2016

RULES &REGULATIONS

1. DATE AND VENUE

1.1 The Sixteenth All India Moot Court Competition for
Justice T. S.Venkateswara Iyer Memorial Ever Rolling Trophy
under the auspices of His Highness Maharaja’s Government Law College
Ernakulam Moot Club will be held from 11th to 13th March, 2016 at the His
Highness Maharaja’s Government Law College Ernakulam campus.

2. TEAM COMPOSITION
2.1 The competition will be open to the Law colleges, Law schools and Law
Departments recognized by the Bar Council of India who have specifically
received the invitation. The participation is limited to under graduate
students in law, both in the 3-year and 5 year schemes undergoing regular
courses.
2.2 The invitee can send a team comprising three students, which include two
speakers and a researcher and their traveling expenses, shall be borne by
the respective institutions.

3. REGISTRATION
3.1 The last date for confirmation of participation is 8th February 2016 and the
entry is limited to 20 teams.
3.2 The Registration forms shall be filled with the photos of team members and
signature of the Head of the Institution and a scanned copy of the same should
be mailed to mootclubglc.ekm@gmail.com.
3.3 Each team shall remit a sum of Five Thousand Rupees (Rs. 5000/-) towards
registration. The remittance of the same shall be done by DD/ Cheque drawn
in favour of Treasurer, Moot Club, Government Law College, Ernakulam.
3.4 The scanned copy of DD/ Cheque along with the soft copy of the registration
forms should be sent by email to mootclubglc.ekm@gmail.com on or
before 10th February 2016.
3.5 The hardcopy of the same should be sent by post/ courier to The Convenor,
Moot Club, Government Law College, Ernakulam, Pin: 682011

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And it should reach latest by 15th February 2016.

3.6 The teams shall report at the venue before 2 p.m. on 11th March, 2016.

4. DRESS CODE
4.1 The dress code for the participants during the court sessions shall be as
follows:

Female participants : White Salwar Kameez and Black Coat

OR
White Shirt, Black Pants and Black Coat.
Male participants : White Shirt and Black Pant with Black Coat and
Black Tie.
Gowns and Bands are NOT permitted to be worn by the Participants in
the Competition

5. MEMORIALS
5.1 The memorials must be typed in English and must be in Times New Roman
font having font size 12 and 1.5 space (this size restriction does not apply to
foot notes, which shall be in size 10 and line space ‘single’) with 1 inch
margin on all sides printed on one side of A4 size paper. Memorials dealing
with jurisdiction, issues involved, summary of arguments, pleadings,
conclusion and prayer shall be prepared by each team for both the sides.
Issues or pleadings not discussed within the body of the memorial shall
neither be included in any other part of the same or be raised before the
court.
5.2 The body of the memorial shall not exceed 25 pages and the same would
include jurisdiction, questions presented, summary of pleadings, pleadings,
conclusion and prayer, annexure, appendices and footnotes. The cover page,
table of contents, bibliography, index of authorities, statement of facts, title
page and back cover are not included in these 25 pages.
5.3 The memorials shall not contain any information that will reveal the identity
of the participating team and violation of the same if any shall attract penalties
including disqualification from the competition.
5.4 The memorial for the Petitioner should be in Blue cover and that of
Respondent in White cover. The memorials should be paper bound/ staple
bound. Comb/ spiral or any other form of binding will be considered as
improper binding. Please avoid plastic front sheets/ separators.
5.5 Cover page of the memorial must state the following
The cause title
Identity of the brief as Petitioner OR Respondent.
5.6 The soft copy of the Memorials should be sent to
mootclubglc.ekm@gmail.com on or before 29 February 2016. Five hard
th

copies of the memorials shall be submitted to The Convenor, Moot Club,

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 16thAll India Moot Court Competition 2016

Government Law College, Ernakulam on or before 4th March 2016 by post

or courier. Late submission would result in deduction of marks.
5.7 There should not be any disparity between the soft copy and the hard copy.
Any violations would attract penalty. All Hard copies and soft copies of the
memorials in the competition shall become the property of the Government
Law College Ernakulam Moot Club.
5.8 There will NOT be any exchange of memorials.

6. ORAL ROUNDS
6.1 The participants shall only be identified by their respective Code Numbers
given at the time of their registration and shall refrain from any act which
reveals the identity of themselves or their institutions. The participants shall
wear the badge provided by the organizers throughout the days of the
competition.
6.2 The format of the competition will be as follows :

COMPETITION ROUNDS BASIS CRITERIA

Maximum
Preliminary rounds League
Wins
Quarter Final
Knock out
(subject to number of participants)
Semi Final Knock out

Final

6.3 Fixture of the competition will be shaped through draw of lots well before the
commencement of the sessions. The Moot Club reserves the right to make any
necessary alterations in respect of the side to be taken by the competing teams
in case it becomes absolutely necessary due to withdrawal of any team/ teams
at the far end or if the competing teams have had no opportunity to argue the
other side of the problem. In the matter of disputes or complaints, the decision
of the Appeal Committee chaired by the Principal, Government Law College,
Ernakulam will be final.
6.4 Preliminary Round/ Quarter Finals
6.4.1 Each side will have a maximum of 35 minutes to present their case.
This would include the time reserved for rebuttal/ sur-rebuttal. The
duration of each session will not exceed one hour ten minutes.
The team should allocate equitably the time available to the two
individual speakers.
6.5 Semi Finals / Finals
6.5.1 Each side will have a maximum of 45 minutes to present their case.
This would include the time reserved for rebuttal/ sur-rebuttal. The

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 16thAll India Moot Court Competition 2016

duration of the Semi Final Round(s) and Final shall be of One

hour 30 minutes which shall include argumentation, rebuttals
and sur-rebuttals.
6.6 The Organizers reserve the right to bring alterations in the duration of the
Semi Final and the Final Round. The participants can apportion the time
between themselves, but each participant has to argue for a minimum of ten
minutes in the preliminary and quarter final rounds and for a minimum of 15
minutes in the semi final and final rounds.
6.7 Rebuttal/Sur-Rebuttal: The maximum time provided would include the time
that each team may want to reserve for their rebuttal/ sur-rebuttal. At the
commencement of each session the team shall notify the Court Officer as to
the apportioning of time between the 2 speakers (including rebuttal/sur-
rebuttal). In case any speaker continues to speak after the completion of
his/her time, the additional time that was used, will be deducted from the time
allocated to his/her co-speaker, or from the time allocated for the rebuttal/sur-
rebuttal, as the case may be. The teams can reserve maximum of 5 minutes for
the rebuttal/sur-rebuttal. The final decision as to the time structure and the
right to rebuttal/ sur-rebuttal shall vest with the Judges.
6.8 The language of the court shall be English. Each team shall be ready with their
written briefs and oral arguments for both sides. During the oral rounds, the
team shall not be allowed to use any type of electronic devices such as laptops,
mobile phones, tablets etc.

7. EVALUATION
7.1 A bench comprising of Three Judges selected from a panel of judges drawn
from an array of judicial officers, advocates, law persons and academia will
preside over each of the court session. The Finals will be presided over by
Three judges of the Hon’ble High Court of Kerala.
7.2 Each court will assign marks to both individual participant and the team.
7.3 An individual participant will be evaluated to a maximum of 100 marks by
each judge. Division of marks will be as follows:

1 Written Submissions (Memorials) 20 marks

2 Oral arguments 80 Marks

7.4 Marks for oral arguments will be awarded on the following criteria.

Sl.
Particulars Max Marks
No.
Substance in arguments, articulation of factual issues, factual
1 20 marks
analysis and use of evidence
Knowledge of law, interpretation, articulation of legal issues
2 15 marks
and legal analysis

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 16thAll India Moot Court Competition 2016

3 Use of authorities and citations 10 marks

Skills of advocacy, persuasiveness and

4 15 marks
response to questions

5 Clarity, brevity, ingenuity, language and style 10 marks

6 Court manners and general impression 10 marks

7.5 To bring rationalization in the matter of awarding marks and for judicious
evaluation, performances are catalogued into Excellent, Good, Average,
Below Average and the range of marks to be awarded in each category will be
forwarded to the judges.

8. RESEARCHER INTERVIEW
8.1 There will be an interview to select the best and second best researcher of the
moot court competition.
8.2 For the Best and Second Best Researcher, the judging criteria shall be
inclusive of the marks secured for the memorials added to the average of
marks they secure during the interview.

9. PRIZES AND AWARDS

9.1 Every participant and researcher will be awarded certificate of participation.
9.2 Honours in this competition include
i. Best Team
ii. Second Best Team
iii. Best Student Advocate of India
iv. Best Female Student Advocate of India
v. Best Male Student Advocate of India
vi. Best Memorial
vii. Second Best Memorial
viii. Best Researcher
ix. Second Best Researcher
9.3 About 27 trophies and Rs. 50,000/- as prize money are slated to be awarded in
the competition.

10. RECEPTION:
10.1 The travel plans of the teams (A scanned copy by email and hard
copy by post) shall be sent to the Convenor, not later than 29th February
2016. The teams will be received from the Railway/Bus stations from 11th
March, 2016. However the teams will be free to reach on their own and report
at the Government Law College campus at Park Avenue Road, Ernakulam.

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 16thAll India Moot Court Competition 2016

10.2 The nearest International Airport is Cochin International Airport at

Nedumbassery which is approximately 35 km from the College. The
Ernakulam Town and Junction Railway Stations are less than 3 km and less
than 2 km respectively. The Kerala State Road Transport Corporation Bus
Station is approximately 3 km away from the college.

11. BOARDING AND LODGING

11.1 The boarding and lodging for the teams will be provided from 11th evening to
the morning of 14th March, 2016. Lodging for female and male students will
be separate. Under NO CIRCUMSTANCES the Moot Club would provide
lodging and boarding for any other person other than the three team
members. The facilities in the library and the Cyber Station of the
Government Law College, Ernakulam can be availed, but only for reference.

12. CONTACT
12.1 The participants may feel free to contact us over phone, fax or email. Please
refer below for the necessary contact. For quick and timely access please use
the mobile numbers.
 College
Prof. (Dr.) R. Bijukumar : 0484 2353915 (Off.)
Principal
E mail : mootclubglc.ekm@gmail.com
 Personal (Faculty)
Dr. Gifty Oommen (Convenor) : +91- 9847768199
Maiyn Aboobacker (Jnt. Convenor) : +91- 9447378894
Dr. Lakshmi G.R. (Jnt. Convenor
& Treasurer) : +91-9388981979

 Advisory Committee
Dr. S.S. Giri Sankar (Faculty) : +91- 9447434293
 Student Convenors
Vivek A.V : +91- 8714310160, +91- 8089062385
Sreelakshmi C : +91-9400807870
Ann Maria Sebastian : +91- 9400771203

SCHEDULE OF THE PROGRAMME

Reporting at the Venue : 9:00 am – 2:00 p.m. on 11.03.2016 (Friday)
Inauguration : 4.30 p.m. on 11.03.2016 (Friday)
Preliminary Rounds : 8.30 a.m. on 12.03.2016 (Saturday)
Quarter final rounds : 4.30 p.m. on 12.03.2016 (Saturday)

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 16thAll India Moot Court Competition 2016

Semi final Rounds : 8.30 a.m. on 13.03.2016 (Sunday)

Finals : 2 p.m. on 13.03.2016 (Sunday)
Valedictory Function and
Prize Distribution : 4 p.m. on 13.03.2016 (Sunday)

DATES TO BE RECKONED

Last date for Provisional Registration & Soft

10th February 2016
Copy of Registration forms and DD/ Cheque
Last Date for submitting the Hard Copy of
15th February 2016
Registration Forms and DD/ Cheque

Submission of Soft copy of Memorials 29th February 2016

Submission of Hard Copy of Memorials 4th March 2016

Last Date for sending Travel Plans (Both Soft

29th February 2016.
copy and Hard Copy)

Reporting at the venue 11th March 2016, before 2.00 PM

BEST WISHES
Sd/-
Convenor

****************

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 16thAll India Moot Court Competition 2016

16TH ALL INDIA MOOT COURT COMPETITION - 2016

HIS HIGHNESS MAHARAJA’S GOVERNMENT LAW COLLEGE
Park Avenue Road, Ernakulam, Kerala- 682011.

PROFORMA FOR ADVANCE REGISTRATION Passport Size

Photograph of the
participant to be
affixed here
1. Name of the Participant:
Speaker / Researcher
2. Name of the College/ Department:

3. Age: Date of birth: Male/ Female

4. Class: Course:

5. Address to which communications are to be sent:

E-mail:
Phone:
Permanent Address:

Phone:
7. Proficiency in Moot Court Competitions

8. Food preference : Vegetarian/ Non-Vegetarian

9. Signature of the Participant

10. Smt. / Sri. ………………………………………………………… is a bonfide student of this

College / Department and he is undergoing regular course in Under graduate Study in Law.
Place:
Date:
(Seal) Signature of the Principal/ H.O.D
Office use only
Remarks:

Received on:

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 16thAll India Moot Court Competition 2016

16TH ALL INDIA MOOT COURT COMPETITION - 2016

HIS HIGHNESS MAHARAJA’S GOVERNMENT LAW COLLEGE
Park Avenue Road, Ernakulam, Kerala- 682011

TRAVEL PLAN
(Please fill in Capital Letters)
Details of Arrival

Mode of Transportation :
(Air/ Rail/ Road)

Flight/ Train/ Bus Name :

and No.

Date and Time of :

Arrival at Ernakulam

Details Of Departure

Mode of Transportation :
(Air/ Rail/ Road)

Flight/ Train/ Bus Name :

and No.

Date and Time of :

Departure from Ernakulam

(Please make sure that the Travel Plan is sent to the organizers before 29th February 2016.
In case of ANY CHANGE in the travel details, kindly notify us through phone immediately)

Place :
Date :

Seal & Signature of the Head of Institution

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 16thAll India Moot Court Competition 2016

MOOT COURT PROPOSITION

Niroon and Another v. Union of Indiana

Sargasthan is a State in the country of Indiana. The State is having a very high level of
literacy rate compared with the national averages. The majority of the schools in the state
have co-education system. The syllabi and the curriculum in the Schools are fairly advanced
and in the IX and X standards classes, the life sciences curriculum has incorporated sex
education. The curriculum also incorporates awareness of basic legal knowledge on
Constitution and rights and duties of citizens.
V.J.M. Higher Secondary School in the Capital city of Dishpur is an unaided school run
by a minority sect having co-education system. The school has an excellent track record in
the Secondary and Higher Secondary Examinations and there has always been a rush for
admission to the school. The school undertakes many Socially Useful Productive Work
(SUPW), and conducts surveys and awareness programmes among community and the girls
and boy students actively take part in such programmes. The A division of the XI Standard
Class has a strength of 35 students and the girls outnumber boys and is one of the best classes
in terms of performance in curricular and extracurricular activities. Soumi, Niroon and
Shanty were students of that class and were close friends and more often in the same House
during Sports and Arts Competitions as well as in their curricular programmes. Niroon and
Shanty hailed from a higher middle class family and Soumi was from a middle class family.
Both Niroon and Shanty used to come to their school in their respective battery charged bikes
and Soumi commutes by bus. On 15th January, 2016 while Soumi was waiting for bus in the
beach bus stop at 8.30 pm after her dance class, she saw Niroon and Shanty coming that way
in their bikes. Niroon offered her a lift and Soumi accepted the offer and Shanty followed
them in his bike. When they were about to enter a deserted area of the beach road there was
heavy downpour and all the three got drenched and took shelter in a dilapidated bus waiting
shelter. While so suddenly Shanty made advances to her and threatened her and forced her to
have sexual intercourse, followed by Niroon.

On 18th January, 2016, an FIS was registered by Soumi with Dharampur police station
within whose jurisdiction the offence was committed. On the basis of the statement filed by
Soumi, the police registered an FIR under section 376 of the Indiana Penal Code (IPC) and
Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter POCSO
Act, 2012) and the girl was subjected to medical examination. Niroon and Shanty were
apprehended by the police and were handed over to Special Juvenile Police Unit (SJP) and

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 16thAll India Moot Court Competition 2016

subsequently were produced before the JJ Board on 19th January, 2016. Later they were
released on the bond executed by the parents. The Special Juvenile Police Unit reported the
matter to the Child Welfare Committee and the Special Court trying offences against
Children.
The Special Juvenile Police Unit started the investigation. The birth certificates of the
victim and the children in conflict with law obtained from the concerned local body
authorities reveal that the date of birth of Soumi is 7th February 1999 and that of Niroon is
3rd May, 1999 and that of Shanty is 13th May, 1999. On the basis of medical, forensic and
the oral evidence, SJP filed the final investigation report. The Report categorically indicts
both the children in conflict with law of committing the offences under Section 375 of IPC,
and Section 5 (g) of the POCSO Act, 2012 and hence charged under Section 376 and Section
376D of the Indiana Penal Code and Section 6 of the POCSO Act and the matter is pending
before the JJ Board for Preliminary Assessment according to Section 15 of the Juvenile
Justice (Care and Protection of Children) Act, 2015 (hereinafter JJ Act, 2015).

. On 28th January, 2016, Niroon and Shanty represented by their parents filed a writ
petition before the Sargasthan High Court challenging the constitutionality of Section 15 of
the JJ Act, 2015 and Sections 29, 30, 42 and 42A of the POCSO Act, 2012 inter alia on the
following grounds

1. Section 15 of the JJ Act, 2015 violates Arts.14 and 21 of the Constitution of Indiana
2. Classification of offences as petty, serious and heinous is arbitrary and hence violates
Art. 14 of the Constitution of Indiana
3. The impugned provisions of the JJ Act, 2015 violate Art 15(3) of the Constitution of
Indiana
4. Sections 29, 30, 42 and 42A of the POCSO Act, 2012 violates Article 14 and 21 of
the Constitution of Indiana.
5. The impugned provisions of the JJ Act, 2015 and POCSO Act, 2012 violate United
Nations Standard Minimum Rules for the Administration of Juvenile Justice,
1985 and other international instruments relating to rights of child.

The laws of Indiana are in pari materia with the laws of India for the purposes of
this Moot Court Competition.
The names used in the problem are only artificial and not to wound or hurt any
individual or institution.
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