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About MCA
The Moot Court Association, School of Law, Shoolini University is proud to announce
its 3RD National Moot Court Competition, 2019. The moot court competition will be
held on, 14th – 15th November 2019. The aim and objective of the competition is to
develop interest in criminal law litigation. We believe that the competition will provide
a platform for law students to enhance their advocacy skills and showcase their legal
knowledge.
Shoolini University offers a great learning experience by exposing students with wide
array of topics. Students get to learn from top legal practitioners with focus on
analytical and critical thinking. The law school offers unique programs which focus on
niche areas like IPRs, cyber law, international business transaction law, health care,
The School of Law provides a world class infrastructure surrounded by the flora and
outreach and extension programs and the like, makes School of Law a preferred
destination for students. The Shoolini School of Law and the moot competition is being
mentored by Hon’ble Justice S.S. Thakur, Retired Judge of Himachal Pradesh High
Court. A pioneer in the field of law Jstc. Thakur has had a wide experience both with
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the bar as well as bench. We cordially invite your esteemed institution to participate in
Prizes
Certificate
Certificate of participation shall be given to all the participants at the end of the
valedictory function. We look forward to your response and welcome your team
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3RD National Moot Court Competition, 2019
Moot Proposition
1) On 1st August 2019 the police party headed by Dila Ram ASI (PW 6) was on
routine traffic checking near Taraghat in Vimachal Pradesh. During the traffic
checking Dila Ram ASI (PW 6) was telephonically informed by someone that in
the near vicinity there are many educational institutes and the drugs are being
supplied and sold by some unidentified youth if the police reach the spot, near
zero point, the offenders can be apprehended red handed.
2) The above information was sent by Dila Ram ASI (PW 6) to the
Superintendent of Police (SP) on his walky-talky set, who directed him to
immediately visit the spot and take action in accordance with law, in the
meantime SP also deputed Dy. SP Ram Lal to visit the spot.
3) It was 01:30 PM Dila Ram ASI along with Head constable Raksha Pal (PW
1) and Const. Deen Dayal (PW 2) took Official Vehicle to zero point and reached
there in 20 minutes. Some crowd of the students was there and on seeing police
vehicle the students started dispersing. Dila Ram ASI (PW 6) enquired the reason
as to why they had gathered there. On this one of the students informed him
that he was a student activist and was not allowing the strangers to enter in the
educational institute and was briefing the student to avoid them. Further
according to him the strangers supply the drugs to the students and are
pedalling them into this menace.
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4) On this Dila Ram ASI (PW 6) stopped certain vehicles passing through, for
checking etc. It was around 02:30 PM that scooter bearing no XYZ came from
the side of Taraghat along with a pillion rider. Head Const. Raksha Pal (PW 1)
signalled to stop him but on seeing the police party the scooterist got baffled and
suddenly the scooter skidded off the road, as the scooterist tried to escape, he
was overpowered by the police party but however the pillion driver managed to
escape but while running away he threw a packet held by him in the nearby
bushes, which only contained the certificates of the accused Dharam Pal. On
having been asked the scooterist disclosed his identity as Dharam Pal. A dropout
from the college and, further disclosed that the boy who escaped was his friend,
named Kasi Ram Singh resident of a nearby village.
5) In the meantime Dy. SP Ram Lal had also arrived on the spot, in his
presence ASI Dila Ram asked Dharam Pal Accused that he was suspicious of the
accused Dharam Pal that there might be contraband in his possession, therefore
orally as well as in writing he gave the option to Accused Dharam Pal to be
searched by him (ASI Dila Ram) or by Gazetted officer that is Dy. SP Ram Lal or
before the Magistrate. The Accused Dharam Pal was ready and willing to render
himself to be searched before the Gazetted officer Dy. SP Ram Lal.
6) The personal search of accused Dharam Pal was conducted in the presence
of two independent witnesses namely Ramesh (PW 3) (Local Panchayat Member)
and Phoola Singh (PW 4) (Numberdar) in the presence of Dy. SP Ram Lal (PW 7).
7) On the personal search of accused Dharam Pal, some black substance was
recovered, which was kept hidden by the accused tied against his belly beneath
his shirt. It smelt like a “CHARAS”. On having been asked the accused Dharam
Pal did not give any explanation as to what it was. Accordingly, Dila Ram ASI
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(PW 6) weighed, in the presence of aforesaid witnesses it was found to be 2KG
and he separated two samples randomly of 25 gms each. Each sample parcel
was sealed separately, and the bulk was also sealed separately with seal
Impression “H”. Three seal impressions were taken on a piece of cloth. The seal
after its use was handed over to Phoola Singh (PW 4) against receipt to produce
it in the court during trial. Each of the sample as well as the remaining bulk that
is all three packets were secured and each packet was signed by the Witness i.e
Phoola Singh (PW 4) and Ramesh (PW 3) as well as Accused Dharam Pal and
taken into possession by a memo of recovery ExPM. The sampling process was
photographed and written information about the recovery and seizure was sent
through Head Constable Raksha Pal (PW 1) for the registration of the case along
with the case property. Based on which the F.I.R was registered formally. The
case property was deposited in the malkhana, after its production before the
SHO who also sealed each parcel with his Seal “N”.
8) The accused was already arrested, and the grounds of arrest were informed
to the accused Dharam Pal and informed him in writing and the fact about his
arrest was also informed to his father on telephone.
9) Next Day, the accused was produced before the Magistrate, he was
remanded the Judicial Custody, and his bail was also rejected.
10) On 10/08/2019 one of the sample parcels of 25gms was sent for forensic
examination to the CFSL through constable Ram Rakha (PW 5) under a police
docket with a sample of seal “H” and “N”. He deposited the sample in the
laboratory on the same day for analysis and obtained the receipt. On his return
the receipt was deposited by him in the police station.
11) The Forensic Laboratory found the seals intact on the samples, on
examination of the sample confirmed that sample so sent was of CHARAS i.e.
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the Resin of Cannabis Plant. The certificate of analysis was issued and after
completing the investigation the case was presented in the court for Trial.
12) The accused was charge sheeted under sec 20 (c) of NDPS Act,1985, for
allegedly in his possession, involving, “commercial quantity”.
13) The prosecution examined the independent witness Ramesh (PW 3) and
Phoola Singh (PW 4) during the trial, but they did not support the prosecution
case and they turned hostile. Whereas Dila Ram ASI (PW 6), Const. Deen Dayal
(PW 2), Dy SP Ram Lal supported the case of prosecution Head const. Raksha
Pal (PW 1) also supported the case regarding depositing the case property in the
In-Charge malkhana and constable Ram Rakha (PW 5) proved the police docket
having been sent through him with the sample parcel and seal for analysis and
its deposit intact.
14) The accused on the closure of the evidence was examined under sec 313
of CrPC and denied the circumstances which were found attendant upon him.
No evidence was led in defence. His case was of total denial and false implications
in the case.
15) On conclusion of trial and upon hearing the parties the accused counsel
and the prosecutor, the learned Special Judge acquitted the accused, on the
ground that there was non-compliance of sec 42 of the act, secondly the
independent witnesses did not support the case of prosecution and the
statement of police officials witnesses cannot be blindly relied upon and
also that there was non-compliance of section 50 of NDPS Act.
16) The state did not feel satisfied from the judgement of the acquittal and
filled an appeal in the Honourable High Court of Vimachal Pradesh on the
ground inter-alia that the points on which the accused has been acquitted are
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not convincing as there was proper compliance of sec 42 and 50 of the Act and
all other statutory requirements. And further that the trial court unjustly
rejected the statements of the official witnesses which is worth inspiring
confidence. Therefore, the acquittal be set aside, and the accused be convicted
in accordance with law.
Notice: - Against the above facts the participants required to identify all the
relevant issues and argue the Case. All the laws in force on the date of notification
of this proposition shall be applicable to the case. All the laws of Vimachal
Pradesh are same as Himachal Pradesh, India.
List of witnesses
Police Party
Independent
Witnesses
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Rulebook of 3RD National Moot Court Competition, 2019
3RD National Moot Court Competition, 2019 Notification WHEREAS, School of Law,
Management Sciences, has announced its ‘3RD National Moot Court Competition, 2019,
to be held on 14TH-15TH November, 2019 to enable law students from all across India
to participate to showcase their majesty over law and legal principles; Therefore, the
Moot Court Association, School of Law, Shoolini University, Solan, hereby makes the
Part I
Chapter I
Preliminary 1.
(1) Short title and commencement: These rules may be called ‘Moot Court
c) ‘Organizing Committee (OC)’ means the student-faculty-staff body appointed for the
administration and smooth conduct of the competition, including all other members
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conferred with powers on ad-hoc basis by the ‘Faculty In-charge’ of the Moot Court
d) ‘Team’ means and includes only bona fide representatives of any University, may
Council of India to impart law degrees, and who have applied and registered for the
e) ‘Team Code’ means a unique code assigned by the institution to the applied and
registered team;
f) ‘Moot Problem’ means a set of facts published by the institution for competition;
accordance with the Competition Rules by each Team participating in the Competition.
h) ‘Bench’ refers to the members duly invited by the institute, to adjudge any of the
rounds, collectively;
i) ‘Oral Round 'refers to the oral pleadings made by the teams before the bench during
at any point of time of the competition or a query posed by any competing team within
that rule in these rules, and a reference to a form is a reference to that form attached
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Chapter II
3. Eligibility. - (1) Students duly enrolled and pursuing full time 5 year or 3 years
undergraduate law course may apply in a team of 3, that includes two mooters and
one researcher;
(4) Any person, other than the 3 team members are not eligible to avail facilities
4. Registration Procedure: - (1) (a) Each team shall register to the institute
online by filling the registration form on or before 30th October 2019, 05:00 pm and
24 Teams will be allowed to participate on first cum first serve basis including fee.
(2) On receipt of the duly filled provisional registration form, the institute shall respond
(3) On completion of the timeline for registration, as specified in clause (1)(a), the
institute shall respond to each team with a unique team code, which shall be printed
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on the memorials in the specified place and also shall be used to identify teams during
the competition;
(4) Each registered team shall send the 5-5 hard copies of memorial from both sides
University of Biotechnology and Management Science, Post Box 9, Head Post Office,
The Mall, Solan.173212 HP and a soft copy (from both the sides) at
pm and hard copies should be received by 6th November, 2019. (In case the
organizing Committee does not receive the hard copies by 06th Nov,2019 team is liable
to be disqualified).
(5) All the participating teams are requested to post the hard copies by Speed post on
(6) Clarifications can be sought on any part of the moot proposition. These
clarifications are to be sent via mail. It is in the discretion of the Organizing Committee
5. Fees and Payment: - (1) The registration fees for the competition is Rs. 3,000/-
per team (In words- Rupees Three Thousand Only). The registration fee once paid
mcasol2017@shooliniuniversity.com
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(2) Mode of Payment: - Payment can be made through net banking/RTGS/IMPS to:
Part II
Chapter III
6. Written Submissions- (1) Each team shall research in to the domain of moot
problem and subject to clause (2), prepare memorial from both sides, namely, appellant
and defendant;
(a) Cover Page (It shall include the team code in upper right corner, name of the case,
parties for which written submissions are made, name of the forum approached for
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(d) Index of Authorities
(j) Prayer
(3) No team shall specify anything other than that mentioned under clause (2) to in
(4) The memorials shall be assessed out of 100 marks, by a team of experts on the
1 Clarity of Facts 15
2 Use of Law 10
5 Presentation 15
6 Originality 15
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(5) The teams are requested to send 5-5 hard-copies of their memorial from each side
(total 8 copies) when they submit the soft copy of their memorials. The softcopy
submitted for the memorial round and the hardcopy submitted during the submission
of soft copy of memo. Any discrepancy observed may lead to penalties that may include
size paper, in Times New Roman (font type), in 12 points (font size), line spacing 1.5,
both sides Justified, and headings to be in the same font and size, but with bold.
(3) Each page shall have 1-inch margin from each side.
(4) Cover page of the memorial on behalf of appellant shall be in blue, and defendant
shall be in red. The memorial shall be spiral bound only and shall not contain more
(5) All teams shall give footnotes by adhering to Blue Book: A Uniform System of
plagiarized, then Organizing Committee reserves the right to disqualify a team, at any
9. Anonymity of Teams- (1) Teams shall not reveal their identity in any form,
except by means of the Team Code allotted to them during the Competition.
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(2) The Written Submissions shall not reveal the identity of the team in any form and
should not bear the logo, name etc. of the University represented.
(3) Any material presented to the Panel should be devoid of any identification
unrecognizable.
(4) Any violation of the aforementioned rules shall attract severe penalty or
Organizing Committee in this regard shall be final and not subject to challenge.
(5) During the submission of the memorial, the email should have no reference to the
name of the institution and should only contain the team code. Chapter IV Oral
10. Dress Code – (1) The participants shall adhere to the following dress code while
(A) Ladies: White salwar and kurta or white shirt and black trousers or skirt along with
(B). Gentlemen: White shirt, black trousers and black tie along with black blazer and
black shoes.
(2) The above-mentioned dress code extends to the Inaugural and Valedictory
ceremonies as well.
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11. Structure of the Competition. – (1) The competition will be held on 14th-
(2) The competition shall have two Preliminary Rounds, one quarter final, One semi
12. Scouting. – (1) No member of any team will be permitted to hear the arguments
in any courtroom in which that team is not one of the contesting teams whilst that
team is in the competition. The Organizing Committee shall take strict action, which
may include but not be limited to the expulsion of the said team from the competition,
(a) Each participating team shall argue twice from each side i.e. appellant & defendant.
Out of 24 teams only top 12 scoring teams shall qualify for quarterfinals. Top 6 scoring
teams will argue in semi quarters. (Quarters & semi quarters rounds will be conducted
(b) No team shall argue against another team more than once in preliminary rounds,
nor will they argue before the same panel of judges and the same will be determined
(c) For the preliminary & quarter final rounds, each team will be given 20 minutes to
present oral pleadings and additional 5 minutes shall be reserved for rebuttal.
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(d) Teams are required to exchange their memorials and shall return the same intact
(e) Oral pleadings of the team would be adjudged by a panel of judges, invited by the
institution.
(g) In no case researcher would be allowed to plead, however he is allowed to pass notes
(h) Case compendium or any other relevant material to be submitted to the judges shall
(i) No team is allowed to carry Mobile inside the court room for research or any.
(j) No team shall indulge themselves in any act of misconduct in or out of the court
room undermining the credibility of judges or that of the competition, if done it may
14. Semi-final Round. - (a) Semi-final round shall be a knockout round consisting
of 4 teams in total. Side and teams would be determined on the basis of draw of lots.
(b) Each team will get minimum 20 minutes to argue from the allotted side, including
(c) Semi-final round would be a knock out round, marks obtained only in oral
pleadings, out of 100, will be a decisive factor in determining which team will qualify
finals. In case of tie in oral pleading marks, then the memorial marks will determine
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qualifying team. Even if tie persists then, a team with highest individual score will
15. Final Round: - (1) Final round shall be a knock out round consisting of 2 teams
(2) Each team will get minimum 40 minutes to argue, including 10 minutes for
16. Assessment Criterion for Oral Pleadings: - (1) Team performance shall
(1) Any team scoring the highest out of 100, in each round, will be declared as winner.
(2) Semi-final round would be a knockout round, marks obtained only in oral
pleadings, out of 100, will be a decisive factor in determining which team will qualify
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finals. In case of tie in oral pleading marks, then the memorial marks will determine
qualifying team. Even if tie persists then, a team with highest individual score will
(3) In the Final Round average marks obtained only in oral pleadings out of 100 will be
a decisive factor in determining whichever team has won the competition. In case of tie
in oral pleading marks, then the marks obtained in memorial round will determine
winner. If a tie persists, the team with highest individual score will be declared as
Students are expected to reach the university campus by 09.00 a.m. sharp on the 14th
November 2019. The participants are requested to make their own arrangements for
travel and stay. However, for any assistance (PG/Room), participants can contact the
supportive committee.
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Chapter V
Miscellaneous
(1) The organizing committee reserves the right to amend, modify, change or repeal any
(2) All teams are bound to follow code of conduct and rules laid down by School of
(3) Carrying, possess and consuming liquor, cigarettes or any other intoxicating
(4) Any behavior of indiscipline with Organizing Committee or any other staff member
(6) No team shall ask for feedback immediately on completion of each round,
however, at the end of all rounds member may talk to judges, with minimum
(7) Any attempt to approach framer of the moot problem or judges of the competition,
(8) In case of any other conflict the decision of the Organizing Committee shall be final
and binding.
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20. How to reach Shoolini University. -
(1) Shoolini University Campus is situated approx. 15 kms from Solan Town.
(2) The University is well connected through roadways, railways and airway. The
nearest railway station is Kalka Railway Station, approx. 40 kms from Solan and the
Chandigarh Airport is approx. 55 kms from Solan. Local buses are easily available from
Contact Us
Mailing Address: Post Box 9, Head Post Office, The Mall, Solan. 173212 HP
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* Organizing Committee *
Faculty Committee
Student Convener
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Supportive Committee
Important Dates
04 (a) Last Date for Submission of Memorials Soft Copies 01st Nov, 2019
04 (b) Last Date for Submission of Memorials Hard Copies 06th Nov, 2019
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3RD National Moot Court Competition, 2019 Registration Form (To
We the undersigned confirm that, below mentioned three students are bonafide
students of our institute and we have obtained permission from their parents to
Solan.
Speaker 1
Name- __________
Gender- __________
Speaker 2
Name-
Gender-
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Researcher
Name- ___________________________________
Gender-
Payment Details: -
Place: _________________
Date: _________________
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