INTRA-LAW SCHOOL MOOT COURT COMPETITION, 2019

STATEMENT OF FACTS
1. Vardhmaan Vajpayee is a senior advocate entered in the roll of the Bar Council of Domba and
practicing law for 20 years. He is also a shareholder in a “Global Black & Case Company
Limited”, a Public Company registered in USA and whose registered office is situated in New
York. It started its business in Zamba in 1990 after seeking permission from Reserve Bank of
Zamba under FERA, 1973 on fly-in and fly-out basis. The company established its branch office
permanently at Hastinaqula, city of Domba and engages 128 members and Vardhmaan Vajpayee
was appointed as MD by the company under its own Article of Association. The company was
engaged in different type of commercial and non-commercial activities including legal services
and was providing its services at cost.
2. The Company has purchased a bulk of share of Hindustan Caliver Ltd. and engaged more than 200
employees, hired from Hindustan Teleliver Limited in which Hindustan Caliver Limited has
appointed three directors out of five. The employees who were involved in the manufacturing
process of the company were demanding for better security and sanitary services but the company
kept refusing their demands.
3. The Inspector inspected the company’s premises and found that condition of the environment of
the company was not up to the mark. The employees raised the Industrial Dispute before the
Tribunal which rejected their plea. Then the Workers Union of Hindustan Caliver Limited moved
to the High Court of Domba and filed a petition against the company including the GBCCL
considering it as the holding company of the Hindustan Caliver Limited.
4. In a meantime one NGO, ‘Vidhik Jagrukta Manch’ has filed the PIL before the Hon’ble HC of
Domba against the insecure and unpleasant environment of the companies situated in the State of
Domba.
5. Mr. Vardhmaan Vajpayee was not having good relation with their fellow advocates and they filed
a complaint with ill motive before the Bar Council of Domba for accepting the post of Managing
Director in a Foreign Company, Bar Council issued a notice and provided the opportunity of
hearing. The Bar Council of Domba erroneously cancelled his license and also imposes penalty of
Rs. 5000 considering it professional misconduct. Thereafter, he filed an appeal before the Bar
Council of Zamba which rejected his pleas and affirmed the decision of Bar Council of Domba.
6. Aggrieved by the decision of Bar Council of Zamba, Mr. Vajpayee directly moved to the Hon’ble
Supreme Court of Zamba. The maintainability of the appeal was objected by the Bar Council of
Zamba. The Hon’ble Supreme Court has listed the appeal for the preliminary arguments. Hon’ble

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High Court of Domba has suo moto clubbed the petition filed by the Worker’s Union with the
Public Interest Litigation filed by the NGO, ‘Vidhik Jagrukta Manch’ and was pending before the
court. On the request of Mr. Vardhmaan Vajpayee, considering the issues which were pending
before the Domba High Court, as the issues having the substantial question of law and of general
importance which has its connection with same person the Hon’ble Supreme Court of Zamba has
withdrawn both the petitions and clubbed it with the appeal pending before it.

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 INTRA-LAW SCHOOL MOOT COURT COMPETITION, 2019

STATEMENT OF JURISDICTION

The Hon’ble Supreme Court of Zamba has jurisdiction to try, entertain and dispose the present appeals
by virtue of Article 139A(1) read with Article 142 (1) of the Constitution of Zamba which reads as:

“139A Transfer of certain cases

(1)Where cases involving the same or substantially the same questions of law are pending before the
Supreme Court and one or more High Courts or before two or more High Courts and the Supreme
Court is satisfied on its own motion or an application made by the Attorney General of India or by
a party to any such case that such questions are substantial questions of general importance, the
Supreme Court may withdraw the case or cases pending before the High Court or the High Courts
and dispose of all the cases itself: Provided that the Supreme Court may after determining the said
questions of law return any case so withdrawn together with a copy of its judgment on such
questions to the High Court from which the case has been withdrawn, and the High Court shall on
receipt thereof, proceed to dispose of the case in conformity with such judgment.”

“142 Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc
(1)The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is
necessary for doing complete justice in any cause or matter pending before it, and any decree so
passed or orders so made shall be enforceable throughout the territory of India in such manner as
may be prescribed by or under any law made by Parliament and, until provision in that behalf is so
made, in such manner as the President may by order prescribe.”

Further, this Court also has appellate jurisdiction by virtue of Section 38 of the Advocates Act, 1961
which states that:
“38. Appeal to the Supreme Court—Any person aggrieved by an order made by the disciplinary
committee of the Bar Council of India under section 36 or section 37 1[or the Attorney-General of
India or the Advocate-General of the State concerned, as the case may be,] may within sixty days of
the date on which the order is communicated to him, prefer an appeal to the Supreme Court and the
Supreme Court may pass such order 1[(including an order varying the punishment awarded by the
disciplinary committee of the Bar Council of India)] thereon as it deems fit: 1[Provided that no order
of the disciplinary committee of the Bar Council of India shall be varied by the Supreme Court so as to
prejudicially affect the person aggrieved without giving him a reasonable opportunity of being
heard.]”

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PRAYER FOR RELIEF SOUGHT

Wherefore, in the lights of facts stated, issues raised, authorities cited and arguments advanced, it
is most humbly prayed and implored before the Hon’ble Court, that it may be graciously pleased
to adjudge and declare :

A. Hid
B. Vdv
C. Vdkn
D. Dslgn

And/Or

Pass any other relief, that this Hon’ble Court, may deem fit and proper in the interest of justice, equity
and good conscience. For this act of kindness, the appellant shall be duty bound forever pray.

The Appellant

[Counsel on behalf of Appellant]

PLACE:…………..

DATE:……………

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