DR.

SWATI BHATI
MEMORIAL MOOT
COURT
COMPETITION
FACULTY OF LAW, JAI NARAIN VYAS UNIVERSITY,
JODHPUR

(RULES & REGULATIONS OF THE MOOT COURT COMPETITION)

7
th
9
th
August, 2014




2014
SHALINI CHOUDHARY & SHUBHAM MODI
(CONVENERS)
LITERARY/ ACADAMIC COMMITTEE
P a g e | 1

DR. SWATI BHATI MEMORIAL MOOT COURT COMPETITION

JAI NARAIN VYAS UNIVERSITY, JODHPUR
(FACULTY OF LAW)
DR. SWATI BHATI MEMORIAL MOOT COURT
COMPETITION

INTRODUCTION

Dr. Swati Bhati Memorial Moot Court Competition (hereinafter
"Competition") provides an opportunity for law students to become acquainted
and proficient in law related issues, including related principles and
jurisprudence. Furthermore, it also offers an opportunity for students to practice
and hone their skills in the art of argumentation.

Dr. Swati Bhati Advocate (1973-2010) was an eminent lawyer in Rajasthan
High Court Jaipur Bench. She completed her graduation from Kamla Nehru
College Jodhpur and attained the subsequent degree of Bachelors and Masters
in Law from Jai Narayan Vyas University Jodhpur. Her penchant to learn more
did not stop here and she further did her Ph.d in law on the subject "The roles
and powers of president of India under the Constitution of India". This only
showed her thirst for knowledge and desire to achieve something in life to make
it more meaningful. As a popular student leader she was elected as the Vice -
president of K.N. hall. As an advocate she was elected as the Vice-president of
Rajasthan High court Bar Association Jaipur with unprecedented thumping
majority that reflected what place she had among the members of the bar. Her
passion for Public interest litigation took her to contribute much in coca cola
pesticide case, marble slurry and affore station of Jaipur Ajmer Highway. She
achieved excellence in writ jurisdiction, apart from Revenue cases, Panchayat
cases, service matters and company matters. She was not born great, nor was
greatness thrust upon her; she achieved it with sweat and blood

The Preliminary Rounds, Quarter Finals, Semi Finals and Finals will
be held at Faculty of Law, JNVU from 7
th
- 9
th
August, 2014.


P a g e | 2

DR. SWATI BHATI MEMORIAL MOOT COURT COMPETITION

DR. SWATI BHATI MEMORIAL MOOT COURT
COMPETITION - 2014

JAI NARAIN VYAS UNIVERSITY, JODHPUR

(FACULTY OF LAW)

REGISTRATION FORM

SPEAKER 1:.

YEAR: CONTACT NO:..............

E-MAIL ID....


SPEAKER 2:.....

YEAR: CONTACT NO:......

E-MAIL ID


RESEARCHER:

YEAR:. CONTACT NO.:

E-MAIL ID................






Signature & seal of Head of Institution


P a g e | 3

DR. SWATI BHATI MEMORIAL MOOT COURT COMPETITION

MOOT PROBLEM
Papaiah Naidu owned a large number of movable and immovable
properties. He had 5 sons, viz, V. Perumala Swamy Naidu, V.
Sudarshanam Naidu, V. Balakrishna Naidu, V. Deena Dayalu
Naidu,V. Ramakrishna Naidu and 4 daughters, viz., Rukminiyamma,
Pushpamma, Hamsaveniyamma and Bhagyalakshmiyamma.
He executed a Will on 14.7.1932. The said Will was a registered one.
A portion of the properties was bequeathed in favour of defendant
No.1. He was then a minor. The properties bequeathed in his favour
were described in Schedule E of the Will. In terms of the said Will,
the sons of the testator got life interest. Only, after his death his heirs,
legal representatives could inherit the same.
On 3.12.1975 the original Defendant No.1 and his son executed a
deed of sale in favour of defendant No. 2, M. Krishna Reddy.
On or about 30
th
January, 1982, defendant No. 2 disposed of the said
property in favour of defendant No. 3. Plaintiffs-Respondents who are
the daughters of original Defendant No. 1 filed a suit before the City
Civil Judge, Bangalore on 30th July, 1982 inter alia praying for the
following reliefs:
"(a) declaring that the Plaintiffs are also lawful heirs entitled to the
bequests under the Will dated 14.7.1932 executed by their
grandfather as lineal heirs of the First Defendant,
(b) and consequently restrain by an order of Permanent injunction the
defendants, their agents, servants from demolishing, altering,
constructing or reconstructing the suit schedule property.
(c) Grant cost of the suit;"
The plaintiffs, however, did not implead their brother as a party.
P a g e | 4

DR. SWATI BHATI MEMORIAL MOOT COURT COMPETITION

The bungalow which was the subject matter of the suit was
demolished by Appellants herein whereupon the plaint was amended
praying for a decree of mandatory injunction for restoration of the
said property.
The learned Civil Judge in view of the pleadings of the parties framed
as many as 12 issues, inter alia, in regard to:
(i) Limitation
(ii) Non-rejoinder of parties
(iii) Adequacy of valuation of the suit and amount of court fees
The City Civil Judge, Bangalore by a judgment dated 6.1.1993
dismissed the suit, inter alia, opining that the suit was barred by
limitation as also for non-joinder of parties. It was also held that the
court fees paid was inadequate.
Respondent Nos. 1 and 2 aggrieved by and dissatisfied with the said
judgment preferred an appeal before the High Court of Karnataka.
The said appeal has been allowed by reason of the impugned
judgment.
The aggrieved party wishes to move the Honble Supreme Court
under Article 136 of Constitution of India.

..



P a g e | 5

DR. SWATI BHATI MEMORIAL MOOT COURT COMPETITION

MOOT COURT RULES AND REGULATIONS

I. REGISTRATION AND FEE:

Registration fee for each participating team is Rs. 1000.
Participants are invited to register themselves by sending their
REGISTRATION FORM via email to mcc.jnvu5ydlc@gmail.com by 18
th

July 2014 in order to confirm their participation.
MODE OF PAYMENT-
Through Demand Draft in the name of Nominee Pareek, A/C NO.
145210031255, IFC BKD NO. 711452, DENA BANK, BANAR BRANCH,
JODHPUR.
OR
Through Cheque in the name of Nominee Pareek (A/C Payee).
OR
Participants can also deposit Registration Fee along with Form through
Personal Delivery to P. A. TO THE DEAN OFFICE, FACULTY OF
LAW, JAI NARAIN VYAS UNIVERSITY, JODHPUR (Office timings:
2 p.m. to 6 p.m.)
Send Demand Draft/ Cheque along with Registration Form addressed to- Mr.
Shubham Modi, 1
ST
B ROAD NEAR VIVEK VIHAR HOSTEL, GOLE
BUILDING, SARDARPURA, JODHPUR (RAJ.) by 19
th
July, 2014.
Participants are required to inform their mode of payment via mail at
mcc.jnvu5ydlc@gmail.com
(Information given to any one team member shall constitute notice to the
team)
Other information is available on Facebook Page: JNVU 5YDLC Academic
Committee 2013-14 or at www.lexreporterindia.com. Last date for
registration is 19
th
July, 2014.

NOTE: Limited Registrations (16 teams only on first come first
serve basis).



P a g e | 6

DR. SWATI BHATI MEMORIAL MOOT COURT COMPETITION

II. PARTICIPATION AND ELIGIBILITY:

A. Eligibility
All law schools, law faculties, and institutions with law related degree
programs within Rajasthan are eligible to participate in the Competition. All
determinations of eligibility are in the discretion of the Dean.

A person may be a Team Member if he or she:
is pursuing a law degree;
is enrolled at an eligible institution as a full-time student during the
relevant Competition Year and plans to participate in the Competition on
behalf of that institution;
has not engaged in the practice of law in any jurisdiction after graduating
from any type of law degree program; and
is not pursuing any post-graduate degree programme from any university
or institution.

The number of participant teams shall be limited. The preference to teams
shall be given in order of their registration.

B. Team Composition
Team shall be consisting of 3 members: 2 Speakers & 1 Researcher. The
team members must satisfy the eligibility requirements stated in II.A.
C. Team Anonymity
Teams will be assigned team codes on 27
th
July 2014 through messages
or mails. The participating teams and their companions must not reveal their
identity to the judges or in the memorials, whether intentionally or
inadvertently, such as by using their names, or other similar initials, or
slogan. This Rule is intended to maintain the impartiality of the judges.

III. THE MOOT PROBLEM AND CLARIFICATIONS:

A. Moot Problem (Compromis)
The Committee has already released the moot problem (Compromis). It may
be downloaded from the Facebook page: JNVU 5YDLC Academic
Committee 2013-14 or www.lexreporterindia.com

B. Clarifications
For clarification students can contact:
Mr. Shubham Modi (Convener) 9782408101
Ms Chitrangda Rathore (Chief Organizer) - 8764344236
Ms Sneha Purohit (Head Speaker) - 9460027822
P a g e | 7

DR. SWATI BHATI MEMORIAL MOOT COURT COMPETITION

IV. THE MEMORIALS:

A. Submission of Memorials
Each team participating in the Competition is required to send one soft copy
of Petitioner and Respondent Memorials by via email at
mcc.jnvu5ydlc@gmail.com
The last date for your memorial submission via email is 2nd August i.e. the
soft copy should be submitted latest by 23:59 hours on 2
nd
August. The last
date for the submission of the hard copy of memorials is 5
th
August latest by
23:59hours.

Memorials submitted to and received beyond the specified date will be given
the corresponding point deduction(s).

The Teams are required to send two (2) hard copies of their Petitioner and
Respondent Memorials through speed post/courier addressed to P.A. to the
Dean Office, Faculty of Law, Jai Narain Vyas University, Near
Mohanpura Bridge, Jodhpur (Rajasthan)- 342001 and teams are also
required to bring 5 hardcopies from each side along with them.

Revisions to the Memorials shall not be allowed once submitted. Delay in
the submission of Memorials shall incur a penalty equivalent to ten (10)
points for every day of delay, up to a maximum of thirty (30) points.

B. Format of Memorials
All parts of the Memorial must be in Times New Roman, Size 12, with 1
line spacing and printed on A4 size Page. Quotations and footnotes shall
have the same format but with single line spacing except between separate
footnotes. The Memorials must have corresponding page numbers.
The Memorials must be properly stapled.

The Cover Page, Table of Contents and Index of Authorities must be
double-spaced.

The Pleadings section of each Memorial, including the Summary of
Arguments, Conclusion/Prayer for Relief and citations, shall not exceed
7 pages. Pages in excess of the maximum shall have a corresponding
deduction in the teams Memorial score, to wit:
1-2 pages, deduction of 5 points
3-4pages, deduction of 10 points
Over 4pages, deduction of 20 points


P a g e | 8

DR. SWATI BHATI MEMORIAL MOOT COURT COMPETITION

C. Parts of the Memorial
1. Cover Page
The cover page should bear the following information:
The team code followed by Petitioner for the Petitioners Memorial
(Format: 21Petitioner) or Respondent for the Respondents Memorial
(Format: 21Respondent). This must be indicated on the upper right corner of
the cover page
Name of the Court, Title of the case
And the front page for Petitioner must be blue colored and that of
Respondent must be red colored

2. Table of Contents
The Table of Contents must list all the contents of the Memorial, including
the headings and sub-headings.

3. Index of Authorities
The Index of Authorities provides a list of the authorities cited in the
Memorial, i.e., laws, commentaries, cases, and other articles used as
references.
The list must be segregated according to type of source (i.e. treaties, judicial
decisions, etc.). It must specify the pages in the Memorial where each
authority is cited.

4. Statement of Facts
The team must present the facts found in the Compromis in a form according
to the teams position without adding or distorting the facts or making
unreasonable inferences therein.

5. Summary of the Pleadings
The Summary of the Pleadings provides a substantive summation of the
arguments presented in the Memorial. It should not be a reproduction of the
headings and sub- headings found therein. To be effective, it must present the
arguments concisely and direct to the point.

6. Pleadings (Body of the Memorial)
This is the core of the Memorial. The Pleadings contain the arguments,
position, or standpoint of the team. It provides the law and jurisprudence on
which the arguments are founded.

7. Conclusion/Prayer for Relief
The Conclusion/Prayer for Relief states the remedy the team is asking the
Court to order. This is not to be used for presenting new information or as the
summation of the teams case.
P a g e | 9

DR. SWATI BHATI MEMORIAL MOOT COURT COMPETITION

D. Research and Assistance
The team members shall solely be responsible for the research, writing, and
editing of the Memorials.

E. Plagiarism
Definition of Plagiarism: Plagiarism is defined as the act of incorporating
into ones work a substantially similar portion of anothers work without
adequately or properly indicating that source. All competitors will be bound
by this definition.
In the event of alleged plagiarism, the Judges will evaluate the brief in
question. Penalties, including but not limited to disqualification from the
Competition, will be assessed at the discretion of the Judges and Faculty
Administration.

V. THE PAIRING PROCEDURES:

The pairing of teams for the Preliminary rounds as Plaintiff or Defendant
shall be determined through a random draw by one of the team member. No
team shall compete against the same team twice in the Preliminary rounds.

VI. THE ORAL HEARING PROCEDURES:

A. The Rules applicable to all the rounds
1. Each team shall consist of a first counsel and a second counsel, as
designated by the team.

2. The order for the oral arguments is as follows: Petitioner 1
Petitioner 2
Respondent 1
Respondent 2
Rebuttal, if any (Petitioner 1 or 2)
Surrebuttal, if any (Respondent 1 or 2)
3. Each team is given a total of 40 minutes to speak, allocated as follows:
30 minutes to be distributed between the first and second counsel
Maximum of 10 minutes for rebuttal (Petitioner) or surrebuttal
(Respondent)

4. Entry of appearance. After introductions, the first counsel shall indicate
at the start how long each counsel will speak and the time allotted for the
rebuttal or surrebuttal. The time of the first counsel shall begin from the entry
of appearance.

P a g e | 10

DR. SWATI BHATI MEMORIAL MOOT COURT COMPETITION

5. Time Limitations. The remaining time in the oral arguments, if any, may
not be used to extend the time allocated for rebuttal or surrebuttal. Neither
can the time allocated for rebuttal or surrebuttal be used to extend the time for
oral arguments.

6. Rebuttal may be waived. If the Petitioner waives the rebuttal, the
Respondent shall not appear for surrebuttal.

7. A counsel may ask the Court for an extension before the end of his/her
designated time. The Court has the discretion whether to allow such request
for extension.

8. There will be a timekeeper who will notify the counsels when they have:
5 minutes left
1 minute left
30 seconds left
No time left

9. Any communication at the counsel table shall be in writing to prevent
disruption. The team members must avoid any noise or inappropriate
behavior which may disturb the proceedings.

10. Team members are not allowed to communicate with the audience.

11. During the Preliminary and Quarter-final rounds, team supporters are only
allowed to observe the match. The Semi-final and Final rounds are open to
everyone.

12. Participants and members of the audience are not allowed to use
electronic devices such as laptops, tablets, handheld computers, mobile
phones, mp3 players, cameras, recorders and other similar gadgets during the
rounds.

B. Rebuttal and Surrebuttal
The Petitioner's Rebuttal shall be limited to the points raised in the
Respondent's Oral Presentations. The Respondent's Surrebuttal shall be
limited to the points raised in the Petitioners Rebuttal. Any infraction of the
foregoing shall incur deductions of up to ten (10) points from the total team
score in the round.




P a g e | 11

DR. SWATI BHATI MEMORIAL MOOT COURT COMPETITION

C. The Preliminary Rounds
All participating teams that have submitted their Memorials shall participate
in the Preliminary Rounds. Each team shall argue twice in the General
Rounds, once as Petitioner and once as Respondent.

D. The Quarterfinal Round
The top eight (8) teams in the Preliminary rounds, based on their aggregate
scores in the oral rounds and their memorials, shall advance to the Quarter
Final Round.
The sides and opponent team will be determined by a draw of lots.

The four (4) winners in the Quarterfinal round shall advance to the Semifinal
round.

E. The Semifinal Round
The winners in the Quarterfinal round shall compete in the Semifinal round.
The sides will be determined by a draw of lots.

F. The Final Round
The two winners in the Semifinal round shall compete against one another in
the Final round.

The team which will argue as Petitioner or Respondent shall be determined
by a draw of lots.

VII. COMPETITION SCORING:
The scoring shall consist of two parts:
The scoring of the Memorials;
The scoring of the Oral Rounds.

A. Scoring of Memorials
Each Memorial shall be assessed by the judge (lawyer/professor) who is an
expert in Service Law. The maximum marks for Memorial shall be 100.
The scores given by the judges will be the final score of a Memorial.

B. Scoring of the Oral Rounds
The oral presentations in the Preliminary, Quarterfinal, and Semifinal round
shall be evaluated by at least two judges bench. And Final round shall be
evaluated by at least two judges bench. At least one judge in the Preliminary
rounds, Quarter-final, Semi-final and two judges in the Final round shall be a
current or former judge / lawyer / professor or an expert. In each of the
Preliminary, Quarterfinal, Semifinal and Final rounds, the maximum score for
each counsel shall be 200 and the maximum score for each team shall be 400.
P a g e | 12

DR. SWATI BHATI MEMORIAL MOOT COURT COMPETITION

C. Scores per Round
For each round, the teams aggregate score out of 500 shall be determined by
combining its Memorial score with the two oral presentation scores, pursuant
to the above rules.

D. Tie-Breaking Procedure
In case of a tie for a particular slot in the Quarterfinal round, the team that has
the highest average score for its oral presentations in the Preliminary rounds
shall proceed to the next round.
In the event that the tie is still not decided, the team whose first counsel has
the highest average score for his or her oral presentations in the Preliminary
rounds shall qualify for the Quarterfinal round.

E. Finality of Judging
The scores given by the judges shall be final.

VIII. PENALTIES:

A. Memorial Penalties
The Memorial penalty shall be deducted from the Memorial's final score.
The Committee shall notify the teams of the imposed penalties prior to the
Preliminary rounds.

RULE SUMMARY PENALTY
IV. A Late submission of
Memorial.
10 points for every day of
delay(maximum of 30 points)
IV. B Use of incorrect
size/format
1 point per violation, up to a
maximum of 10 points
IV. B Excessive length of
pleadings

1-2 pages, deduction of 5 points
3-4pages, deduction of 10 points
Over 4pages, deduction of 20
points
IV. C. 1 Failure to include the
necessary information in
the Cover Sheet

2 points (one-time penalty)

II. C Violation of Anonymity

10 points (one-time penalty)

IV. Other violations of
memorial format
requirements

2 points (one-time penalty)


P a g e | 13

DR. SWATI BHATI MEMORIAL MOOT COURT COMPETITION

B. Oral Rounds Penalties

RULE SUMMARY PENALTY
II. C Violation of Anonymity

10 points
VI.A.8-9 Disruptive noise, inappropriate behavior,
prohibited communication
10 points
VI.A.10 Scouting

10 points
VI.A.12 Use of prohibited electronic devices
during the rounds
10 points
VI.B Exceeding the allowed scope of the
Rebuttal or Surrebuttal
Maximum of 10
points

C. Other Penalties

VIII. F Absence or Tardiness 5 points
IV.E


Plagiarism


Disqualification

D. Complaint Procedure
A complaining team must submit a written notification to the Core
Committee Members (Conveners) within fifteen (15) minutes from the
conclusion of the oral round, if they will allege that any violations have been
committed. The notice must specify clearly the violation and the parties
involved. Failure to follow this procedure shall result in the nullification of
the teams complaint.
Such notice will be given by the Committee to the authorities and judge
concern. The Authority's decision on the complaint shall be final.

E. Notice of Penalties
The Committee shall notify the teams of the Memorial penalty they incurred
prior to the Preliminary Round. The Committee shall likewise notify the
teams of any Oral Round Penalties they incurred.

F. Other Penalties
Attendance in all activities is mandatory. Absence or tardiness by any of the
team members in any of the activities lined up for the duration of the
Competition will result in a five (5) point deduction, for every infraction.
P a g e | 14

DR. SWATI BHATI MEMORIAL MOOT COURT COMPETITION

Teams which abandon the competition without valid cause shall be
disqualified from joining subsequent competitions, and shall not be
required to reimburse the registration fee. For this purpose, abandonment
is defined as leaving the competition premises with no intention to return or
finish the competition.

IX. AWARDS:

The winning team in the Final Round shall be awarded Certificate, a
Trophy and Rs. 7,000.

The Runner up team will be awarded Certificates with Rs. 3,500.

The highest scoring counsel in the oral hearings of the Preliminary
rounds will be awarded Certificate as Best Mooter and with Rs.
2,500.

The highest scoring Memorial will be awarded Certificate as Best
Memorial and with Rs. 2,500.

Certificates will be provided to all the participants.

X. RELEASE OF SCORES:
Each team will receive their total brief score, oral scores, and ranking after
the Competition. No scores will be distributed at the Competition.
Additionally, teams may not obtain the scores and rankings of other teams
involved in the Competition.

XI. INTERPRETATION OF RULES:
The Authorities concern shall have absolute discretion to resolve any issues
concerning the interpretation of rules.

XII. FURTHER DETAILS:
Participants are required to mail their arrival and checkout details at
mcc.jnvu5ydlc@gmail.com by 6
th
August, 2014.
Participants are required to bring their Identity Card.
Dress code- Black and White formals.
Accommodation will be provided by the Host committee only during
competition days i.e. on 7
th
, 8
th
and 9
th
of August.
ALL THE BEST