LAW COLLEGE DEHRADUN

FACULTY OF UTTARANCHAL UNIVERSITY

LAW COLLEGE DEHRADUN

FACULTY OF UTTARANCHAL UNIVERSITY

4TH NATIONAL MOOT COURT

COMPETITION
2019

WWW.LCDMCS.COM

Organised by:
Moot Court Society
Law College Dehradun, Uttaranchal University
Uttaranchal University has at its core a commitment towards diffusion of legal, scientific,

technical and professional knowledge on one hand and on the other the building up of the

character of youth by integrating ethics with education and practice with theory. Uttaranchal

University can boast of being an institution par excellence in offering a prodigious student life

with access to comprehensive academic courses, recreational facilities, cultural activities, a

wide range of research endeavors, and industry interface. The University is complimented by

the pioneering efforts of more than a decade in legal education, engineering and management

which has won us place among the premier institutes of learning in the nation. Our never-

ending dedication to offering the best infrastructure and faculty has been amply rewarded by

the excellent academic results achieved by our students. We are passionate towards ensuring

the manifestation of a collaborative environment conducive to learning, exposure to the best

international practices and promotion of innovation and creativity. To add to its splendor, and

suiting best to the title of “temple of education”, the University is situated in the lap of

Devbhoomi, Uttarakhand surrounded by the fascinating geological setting and is flanked by

NH-72 on one side and a beautiful broad slithering river on the other side. The pine trees

surrounding the area lend a pristine and wholesome ambience to the campus.
Law College Dehradun has splendidly contributed to legal education in the country since its

inception and inauguration by His Excellency Shri Surjeet Singh Barnala, the then Governor

of Uttarakhand in 2002. It has set a paradigm for legal education in the nation by offering

innovative, research-driven discourses that are aimed at striking a balance between legal theory

and practice. With scholarly and experience-rich faculty, the college commands an enviable

position of being in the league of top most Law Schools of the country. The college has earned

many laurels to its credit; it has pioneered the 5-years BA.LL.B. and BBA.LL.B. integrated

undergraduate course in the northern region of India, it is the first independent Law College

and also the first to introduce one year LL.M. degree course in the state of Uttarakhand.

Law College Dehradun as a traditional legal institution has an illustrious history replete of a

plethora of examples of its alumni achieving the pinnacle of success in the legal frontiers as

judges, professors, and advocates. The excellent academic record of our students speaks

volumes about the value and quality of education that is imparted here with great labour and

care. The college continues perpetually to contribute to its glorious history with state-of-the-

art infrastructure and innovative and creative teaching methodologies to ensure that products

of this college stand out as the beacons of knowledge in the society and paragon of Justice.
Chancellor’s Message

Uttaranchal University has aimed at providing a congenial

environment for the better growth and development of
students by giving a chance to gain self-confidence to cope
with the upcoming challenges. Law College Dehradun's
National Moot Court Competition is one such event which
gives the impetus for the learning students. I invite the law
students across the country to participate in this competition
for an enriching competition.

- Shri Jitendra Joshi, Chancellor, Uttaranchal University

Vice-Chancellor’s Message
Uttaranchal University and Law College Dehradun are
committed towards providing quality education to creative
minds of the youngsters to develop their skills in their
respective fields. Law College Dehradun has always
been a step ahead to provide the best exposure to their
students. I feel proud to invite you in the National Moot
Court Competition hosted by Law College Dehradun to
experience the thrill of soaring high.

- Shri N.K. Joshi, Hon’ble Vice-Chancellor, Uttaranchal University

Dean’s Message
For the better part of last two decades, Law College Dehradun has
vowed to bring the best of their students by making them understand
the real cause of justice. It focuses on providing academic excellence
with the practical knowledge. With the motive of enhancing and
grooming the legal skills of students, we announce the fourth edition
of National Moot Court Competition. I feel delighted in inviting the
various law schools of the nation to Uttaranchal University.

- Prof. (Dr.) Rajesh Bahuguna, Principal & Dean, LCD

MCS’s Chairperson’s Message

Law College Dehradun's Moot Court Society has been passionate about
mooting which reflects in the growth of our level of participation. It has
left no stone unturned in ensuring that the competition is organised
academically strong. The National Moot Court Competition under the
aegis of Society will be a journey of providing a meaningful learning
and living experience.

- Prof. (Dr.) Poonam Rawat, H.O.D. (Law) &

Chairperson, MCS

President’s Message
We, at Moot Court Society of Law College Dehradun, in our annual affair
of national-level mooting, invite you to an experience of learning,
competing and the thrills of a real Court Room, among the best students
across the country’s law schools. We look forward to welcome you in
a Competition, the best features of which are fairness and unmatched
hospitality.

- Ms. Anna Anu Priya, President, MCS, LCD

 THE TEAM

Moot Court Society, or the MCS, is the heart of Law College Dehradun, as is every Moot Court
committee of a law college. Student-run, faculty-advised and monitored, the MCS is
constituted of three parts: The Patron (Principal & Dean of the college), the Faculty Advisory
Board (composed of group of law faculty from the college) and the most crucial and active part
The Executive Board (The student members). The Society is governed by its Constitution
specially drafted with the intent to ensure the environment and attitude of legal professionalism.
The intent of the society, as envisaged in the Preamble of its Constitution, is to foster the interest
of law students by encouraging and assisting them in developing, inter alia, legal acumen,
research and advocacy skills. The Society organizes various Intramural Competitions each
semester and at least one National Competition each year, in addition to other competitions.
The society has a President and Vice-President, along with other officers to manage its
administration and Convener along with Co-Convener to look after Competitions and Events.
Special departments have been attributed to Training and Research within the society.
 ABOUT THE COMPETITION

The Constitution of our country is the suprema lex, it is the law to which
all laws surrender and must adhere. Law College Dehradun, faculty of
Uttaranchal University National Moot Court Competition is an
annually hosted national level moot court competition based on
Constitutional Law. This Competition is considered to be of great
repute by the mooting circuits of the country. It is administered by the
Moot Court Society of the college.

Other than contributing to the field of Constitutional Law, this

Competition serves as a channel through which young law students can
showcase and hone their advocacy skills.

The first edition of the Competition was won by NUJS, Kolkata; the
second by NLU, Jodhpur and the third edition was won by
Hidayatullah National Law University.

This year, once again, we welcome participation from the best law
schools/colleges/universities of the country, in expectation to chisel out
the proficient lawyers and judges of the future.
QUALIFIED PARTICIPANTS FROM THE IIIRD EDITION

1. Army Institute of Law, Mohali

2. Bahara University
3. Baroda School of Legal Studies
4. Bharti Vidyapeeth
5. DME, Delhi
6. Faculty of Law, Aligarh Muslim University
7. Faculty of Law, Jamia Milia Islamia
8. Galgotias University
9. GLC, Mumbai
10. Hidayatullah National Law University
11. JIMS School of Law
12. KIIT School of Law
13. KLE Society Law College
14. Law Centre II
15. Llyod Law College
16. NLIU, Bhopal
17. NLU, Nagpur
18. Praveen Gandhi College of Law
19. RGNUL, Patiala
20. School of Law, Christ University
21. School of Law, Presidency University
22. Shastra (Deemed to be) University
23. SLS, Hyderabad
24. SLS, Noida
25. Tamil Nadu Dr. Ambedkar Law University
26. UILS School of Law, Panjab University
27. University College of Law, Mohanlal Sukhadiya University
28. University School of Law and Research
29. UPES School of Law, Dehradun
30. Utkal University
31. Vivekanand Institute of Professional Studies
32. WBNUJS, Kolkata
 MOOT PROPOSITION

1. The Republic of Indistan is an independent “Union of States” which got its

independence from British Rule in 1947. The Constitution of Indistan establishes
Indistan as a “Union of States” and guarantees several fundamental rights, broadly
corresponding to those recognized in International Human Rights instruments. It
guarantees direct access to the Supreme Court for the enforcement of those rights.

2. The Republic of Indistan is a multi-religious, multi-lingual, multi-cultural and

secular country which exhibits to the world the principle of “Unity in Diversity”.
The major religion in Indistan is ‘Hinduism’ followed by ‘Islam’ besides other
minorities belonging to Christianity, Judaism, Jainism, Buddhism etc. The
Constitutional, legal and policy framework of Republic of Indistan are in pari
material to the Republic of India.

3. Rachel David was born as a Jew in an orthodox Jewish family in the City of
Delaware in the State of New Jersey of U.S. She got modern education and was
leading a life according to the Jewish religion, culture and tradition. She was a
staunch follower of Judaism and a strong supporter of the Jewish movement for a
separate homeland of Jews in the Middle East. Not only this, Rachel and her parents,
like many other American Jews, have always been ready to help in any Jewish
cause, whether monetary or in kind. They strongly support the occupation of
Palestinian territories by Israel and Jewish settlement in these territories. This move
of the American Jews had been protested by the Muslim Community as an
international conspiracy crafted by the Western World to conquer the Muslim
States. An international organization viz. “Tauhid-The Spiritual Life” filed a
petition before the US Federal Government to ban such Jewish American citizens
from supporting the Jewish Movement of Separate Homeland because they are
supporting the “Zionist Movement” of Israel. Responding to this petition, the US
Federal Government according to the secular values of the US Constitution banned
American Citizens from supporting any religious or regional movement outside the
US territories in whatsoever manner.

4. Family of Rachel has had a history of crime and criminal activities in entire
America, from which Rachel herself was not free. Rachel was once convicted by
 the Californian court for the offence of smuggling. Moreover, Rachel was a habitual
drug addict since adolescence, and despite several efforts on the part of her parents
for rehabilitation, she could not come out from this curse.

5. When she was pursuing a Management course at a Management College in

Delaware city of New Jersey, she came in contact with an Indistan boy named
Rathin Raj Sharma who was also pursuing the same course from the same college.
Soon, both of them became friends. Rathin was a boy of pleasing nature & a smart
personality who was known among his friends as a devoted and dedicated student.
He was also well versed in Yoga and other techniques of meditation, and was often,
seen teaching Yoga to his friends and others. He himself was famous as a person of
character in his college.

6. In America, Rathin in the company of his friends started consuming alcohol

occasionally, and, wherever he got drunk, he lost his self-control and started abusing
his friends and other persons present in the vicinity. However, he remained prudent,
calm and composed when he was not under the influence of alcohol. But Rachel
was not aware of this habit of Rathin and in her mind the image of Rathin was of
an honest and decent man.

7. Rathin and Rachel became intimate friends in the course of time and Rathin, with
the intention of curing her in order to assist her in getting rid of her habit of taking
narcotic drugs, taught her Yoga and meditation. He also taught her how to control
her emotions and senses. The effect of his teaching on Rachel was tremendous and
under the effective care and guidance of Rathin, soon she learnt how to control her
desires and senses. Consequently, she got rid of her habit of taking narcotic drugs
and started living a normal life.

8. Now the image of Rathin, in the eyes of Rachel as her mentor and friend became
gloriously magnified and she fell in love with Rathin. Similarly, Rathin also got
attracted to Rachel and, they both decided to marry. Moreover, they both started
living together under the same roof in the city of Delaware, when Rachel left her
parental home due to some differences with her parents. It is in this period Rachel
started taking a keen interest in Hinduism and got more and more knowledge about
 Hinduism. She got so highly influenced by this religion that she decided that she
would convert to the Hindu religion.

9. Once, in a night party along with his friends in a club, Rathin drank too much and
in the state of intoxication, committed rape upon a girl in the club. On report to the
police, he was arrested and prosecution was initiated against Rathin by the State of
New Jersey for the offence of committing rape. But the trial court in the Delaware
city had acquitted Rathin as the girl on whom the rape was committed was herself
of bad character and evidence was provided showing that she had herself provoked
Rathin to commit sexual intercourse with her.

10. Rachel, on coming to know about this crime by Rathin, was shocked nevertheless
she continuously supported Rathin in every possible manner when the prosecution
against Rathin was going on in the trial court. On acquittal, Rathin apologized for
his conduct and promised her never to repeat it.

11. Rathin’s family is an orthodox Hindu family living in Indistan that would not permit
any of their family members to do anything against the tenets of Hinduism. When
the parents of Rathin came to know about their son’s relationship with an American
Jewish girl, they vehemently opposed it and persuaded their son not to marry any
girl outside his own religion. But when they found that their son was adamant on
marrying with Rachel, they unwillingly consented for this marriage with the
condition that Rachel shall accept Hinduism as her religion and shall obey the Hindu
traditions and culture throughout her life and relinquish the Jewish religion.

12. Rachel, meanwhile, was herself having an inclination towards Hindu religion, and
was herself willing to adopt Hinduism as her own religion because in her opinion
Hinduism is a religion of peace and affection through which one can attain solace.
She learned a lot about this religion herself by now, and in order to marry Rathin,
voluntarily decided to convert to Hinduism. Not only this she also voluntarily gave
a written undertaking to the parents of Rathin that she would follow the Hindu
religion till the end of her life and never retreat to Judaism. She did so and both,
Rathin and Rachel married in accordance with the provisions of the Hindu Marriage
Act, 1955 in Indistan. Later on, they got their marriage registered before the
registrar in the Delaware city of the U.S.
13. On completion of his study, Rathin decided to start his own business in Stockholm
a city of Sweden and moved to Stockholm along with Rachel. Rachel also got
employment in Stockholm, and she left the U.S. and also relinquished her U.S.
citizenship when she became a Swedish citizen. However, Rathin remained an
Indistan citizen.

14. Unfortunately, the business of Rathin did not succeed in Stockholm and he incurred
heavy losses. He decided that he would start his business in Indistan, and despite
the unwillingness of Rachel, who was doing well in her job in Stockholm, the couple
moved to Indistan. Consenting to his wishes, Rachel decided to apply for Indistan
citizenship in order to live in Indistan forever, and did so. She communicated to the
Swedish government her intention to surrender her Swedish citizenship was for the
purpose of becoming an Indistan citizen. Swedish government accepted her
application and released her Swedish citizenship.

15. Parents of Rachel were not happy with the decision of Rachel to convert into Hindu
religion and they were convincing her to retreat to Judaism but in vain. Before his
death, her father made a will in which he declared that after his death his property,
which is almost 17 million dollars, shall be divided equally between his son and
daughter, i.e. David and Rachel, only on the condition that Rachel reconverted to
Judaism. If she would not do so, then all the property shall go in favour of his son,
David.

16. On return to Indistan, the couple were leading a happy and peaceful life, when one
day in intimate moments with Rachel, Rathin disclosed to her that in the early period
of their marriage he had an affair with a married lady named Maria with whom he
developed an adulterous relationship, and now Maria has filed a complaint in the
criminal court against him for the offence of rape. Thus, he is facing a criminal trial.
Rachel was shocked with this disclosure and her trust on Rathin was shattered
completely. In any case, she decided to remain calm.

17. Rachel’s brother David is a corrupt man and strong believer of Judaism, who by all
means desires that Rachel should retreat to Judaism. He made several attempts to
convince Rachel that the Jewish religion is a religion of God and better than any
other religion, so in order to get solace, she must return to Judaism.
18. Meanwhile, Indistan Authorities while disposing her application for getting Indistan
citizenship rejected her prayer for granting her Indistan citizenship keeping in view
her past criminal record. When the prosecution on behalf of Maria started against
Rathin on the charge of rape, Rachel initially supported her husband and had
forgiven him. However, with the passing of time, due to distrust on her husband,
her faith in Hinduism weakened and she decided to relinquish the Hindu religion in
order to reconvert into Judaism. She even went to the synagogue, and while
exercising the fundamental right of freedom of religion enshrined in Article, 25 (1)
of the Indistan constitution, declared before the Rabbi that she has relinquished the
Hindu religion and now reconverted to Judaism. She further declared that now
onwards, she would lead a secluded life devoted to the Jewish religion and
renounced the worldly life.

19. After that, she applied in the family court for the decree of divorce under Section
13 (1) on the grounds that (i) her husband on an earlier occasion had an adulterous
relationship with a lady (ii) she herself is no longer a Hindu and (iii) she has
renounced the world and therefore, this marriage cannot be sustained and she prayed
for the decree of Divorce. She also expressed her desire to settle in Israel as she at
this time is a stateless person and according to the laws of Israel she could apply for
the citizenship of Israel.

20. Rathin, in his written statement, denied all the charges and claimed the defense of
privileged communication as against the ground of adultery for divorce. He also
filed a counterclaim for the decree of restitution of conjugal rights against Rachel.

21. When the criminal case against Rathin was pending, Supreme Court of Indistan in
a landmark judgment, in the case of Joseph Shine v. Union of Indistan AIR 2018
SC, declared that adultery is no longer an offence. Rathin, on the basis of this
judgment, filed a petition in the High Court for quashing the criminal case against
him. He also filed a petition for quashing the divorce petition filed against him by
his wife Rachel on the same ground as adultery is no longer an offence.

22. Family court, however without deciding the Counter Claim, passed the decree of
divorce in favour of Rachel respecting her desire to follow the Jewish religion and
to settle in Israel for the rest of her life. Rathin vigorously opposed this and produces
 the written undertaking given by Rachel at the time of marriage in which she
declared that she would lead her life as a Hindu. He filed an appeal before the Delhi
High Court on the ground that Family Court without properly appraising the
evidence offered by him decided the matter and granted the decree of divorce to
Rachel. One NGO, named as “Rakshakdayini” which works for the unity of the
Indistan families filed a writ petition under Article 32 of the Indistan Constitution
before the Supreme Court of Indistan for quashing the decree of divorce and to
declare in the public interest that no spouse should be allowed to withdraw from
marriage on the ground of conversion into another religion or to support any
religious or regional movement.

23. This matter came into limelight and became a topic for debate across various circles
in Indistan on whether a lady should be allowed to get divorce against her husband
on the basis of her reconversion into Judaism and desire to settle in Israel, where
the lady, on an earlier occasion was herself determined to live in Indistan as a Hindu.
Questions were also raised about the validly of the Hindu Marriage where one
spouse conclusively converted into any other religion other than Hindu religion.

24. When the intention of Rachel to migrate to Israel and to support the Jewish State
came to the knowledge of the Islamic International Organization “Tauhid-The
Spiritual Life”, they filed a petition before the Delhi High Court under Article
226(1) of the Indistan Constitution for preventing Rachel from leaving Indistan for
the purpose of joining the State of Israel. But the Delhi High Court has rejected this
petition on the ground that this issue involves multi-dimensional international
problems which a domestic court is incompetent to settle. Under Article 136 (1) of
Indistan Constitution, “Tauhid-The Spiritual Life” filed an appeal against this
decision of Delhi High Court that the matter is of “grave public concern”.

25. The Supreme Court of Indistan, on a prima facie basis, clubbed both the petitions
viz. the petition filed by “Tauhid-The Spiritual Life” and that of
“Rakshakdayini”. It also withdrew the appeal of Rathin from Delhi High Court in
itself and clubbed the petitions as the matter in them is interconnected.
 THE MAIN ISSUES BEFORE THE SUPREME COURT ARE:

1. Whether the petitions are maintainable?

2. Whether a Hindu marriage can be dissolved by the requesting party on the ground of
his/her conversion to another religion or renunciation of the world by entering any
religious order, and it’s bearing on the right to religion?
3. Whether a stateless person has the protection of fundamental rights under the Indistan
Constitution, if so, what is the scope of such protection and what role has a marriage to
play in determining the citizenship of such stateless person.
4. Whether constitutional principles and human rights prevail over disputes of
international nature arising from personal laws, and scope of jurisdiction of domestic
courts thereof.

THE TEAMS MUST FRAME AT-LEAST ONE OR AT-MOST TWO ADDITIONAL

ISSUE(S).

*****
 RULES OF THE COMPETITION
TABLE OF CONTENTS

I. ADMINISTRATION AND GRIEVANCE REDRESSAL ................................................ 1

II. ELIGIBILITY & TEAM COMPOSITION ........................................................................ 1
III. LANGUAGE, DRESS CODE AND CONDUCT .............................................................. 1
IV. REGISTRATION ............................................................................................................... 1
V. ACCOMMODATION, FOOD AND CONVEYANCE ..................................................... 2
VI. CLARIFICATIONS REGARDING MOOT PROPOSITION & RULES ......................... 2
VII. ANONYMITY ................................................................................................................... 2
VIII. MEMORIAL ..................................................................................................................... 2
1. SUBMISSION ................................................................................................................ 2
2. COMPENDIUM ............................................................................................................. 3
3. FORMAT OF THE MEMORIALS ................................................................................ 3
4. PENALTIES ................................................................................................................... 3
5. EVALUATION OF MEMORIALS ............................................................................... 4
6. QUALIFICATION OF MEMORIALS AND SEEDING ............................................... 4
7. EXCHANGE AND RETURN OF MEMORIALS ......................................................... 4
IX. RESEARCHERS’ TEST .................................................................................................... 5
X. ORAL ROUNDS ................................................................................................................ 5
1. ORAL SUBMISSION .................................................................................................... 5
2. EVALUATION OF ORAL ROUNDS ........................................................................... 6
3. PRELIMINARY ROUNDS ............................................................................................ 6
4. QUARTER-FINAL ROUNDS ....................................................................................... 6
5. SEMI-FINAL ROUNDS................................................................................................. 6
6. FINAL ROUND.............................................................................................................. 7
XI. STRUCTURE OF THE ORAL ROUNDS ......................................................................... 7
1. PRELIMINARY ROUNDS............................................................................................ 7
2. ADVANCED ROUNDS ................................................................................................ 8
XII. SCOUTING ........................................................................................................................ 8
XIII. AWARDS .......................................................................................................................... 8
XIV. MISCELLANEOUS .......................................................................................................... 9
 I. ADMINISTRATION AND GRIEVANCE REDRESSAL
1
1. The Moot Court Society of the Law College Dehradun, faculty of Uttaranchal
University shall function as the administrative body for all purposes of this
Competition.

2. An Appellate Tribunal comprising of the Dean (Law), H.O.D. (Law), the President
of the Moot Court Society of the Uttaranchal University and two other independent
persons to be appointed by the Dean (Law) shall settle appeals from the decisions
of the administrators. Decision of the Appellate Tribunal shall be final and binding.

II. ELIGIBILITY & TEAM COMPOSITION

1. Students pursuing the three or the five year LL.B. course from any law
school/college/university in India recognized by the Bar Council of India
(hereinafter BCI) are eligible to participate. Students pursuing their LL.M. may also
participate if they are not enrolled as advocates with the BCI.

2. Law schools/colleges/universities are entitled to nominate only one team.

3. Teams shall comprise of a maximum of 3 (two designated as oralists and one as

researcher) and a minimum of 2 (both designated as oralists) members. No
additional person is allowed to accompany the team.

III. LANGUAGE, DRESS CODE AND CONDUCT

1. The official language of the competition shall be English.

2. The participants must adhere to standards of conduct and dress as high as those
required of a lawyer engaged in the practice of law in India, however, use of robes
and/or collars is not permitted.

IV. REGISTRATION
1. The registration fee per team is INR 5000. Teams must make the payment of the
aforesaid amount only upon selection of their memorials after the Memorial
Elimination round in a mode prescribed by the administrators.

2. Teams may register themselves online provisionally at http://lcdmcs.com/reg and

must complete their final registration by filling out the Final Registration form
through the same link, latest by Tuesday, 7 August 2019 (23:59 hrs. IST).
 V. ACCOMMODATION, FOOD AND CONVEYANCE
2
1. Accommodation and Food shall be provided to all teams from the evening of Friday,
Friday, 4 October 2019 to the morning of Monday, 6 October, 2019. Teams who
intend to arrive prior to or leave after the specified dates are required to inform the
administrators in advance.

2. Conveyance to and from the venue shall be provided to all the teams. The teams
must submit their travel plan online at http://lcdmcs.com/reg upon confirmation of
their selection after the Memorial Elimination round.

VI. CLARIFICATIONS REGARDING MOOT PROPOSITION & RULES

1. Clarifications regarding the Moot Proposition or the Rules may be requested online
at http://lcdmcs.com/contact latest by Wednesday, 7 August 2019 (23:59 hours
IST).

2. Teams are also advised to check out our FAQs at http://lcdmcs.com/faq.

VII. ANONYMITY

1. Each team shall be allotted a team code upon final registration. Teams are forbidden
from disclosing their identities to the judges or other participating teams or
anywhere in their written submission; and must only use their respective team codes
for all correspondence for the purpose of this Competition except with the
administrators.

2. Disclosure of identity shall ensue immediate disqualification.

VIII. MEMORIAL

1. SUBMISSION
a) Each team must prepare memorials for both parties, i.e. the
petitioner/applicant and the respondent.

b) A soft copy of the memorials must be e-mailed to the administrators (one

each in MS Word .doc/.docx format and one each in PDF) at
lcdmcs+memo@uttaranchaluniversity.ac.in latest by 9 September 2019
(23:59 hours IST) and the subject of the email should be “Submission of
Memorials for TC- ”. The file names of the electronic copies of the
Memorials must contain only the team code and the side being represented
(P for Petitioner & R for Respondent). Eg. Petitioner Memorial of TC-1
should be named 1P.
 c) Four hard copies of the memorials (8 in total) must be submitted to the
administrators at the time of reporting on Friday, 4 October, 2019. The hard 3
copies must be identical to the soft copy, else, disqualification would ensue.

2. COMPENDIUM
a) Compendium means a compilation of cases and other materials referred to
in or supporting the written submission that are or may be submitted by a
Team.

b) The Compendium shall only contain the first page of the cited authority
along and the relevant pages.

3. FORMAT OF THE MEMORIALS

a) Memorials must be drafted in the SAMPLE MEMORIAL FORMAT that
can be downloaded from https://lcdmcs.com/downloads. The Sample format
contains a cover page and all sections that are to be included in the Memorial.
Teams are strictly advised to adhere to the same format and any deviation
from the sample format shall ensue disqualification.

b) The Memorial shall be printed on only one side of A4 size paper, with the
following mandatory formatting specifications:
 1 inch margin on all sides;
 Time New Roman typeface with 12 font size; and
 1.5 line spacing.

c) Teams shall cite authorities in the Memorial using footnotes by following

the SILC MANUAL downloadable from https://lcdmcs.com/silc.pdf.
Explanatory or illustrative footnotes are not allowed. For footnotes, the
formatting specifications are:
 Time New Roman typeface with 10 font size; and
 Single (1) line spacing.

d) The Memorials shall be spiral bound.

e) The following colour scheme shall be followed for the Cover Page of the
Memorials: PETITIONER : BLUE and RESPONDENT : RED (The
cover pages are already colour coded in the sample memorial).

4. PENALTIES
a) Late Submission: 2 points for every 12 hours delay; disqualification after 48
hours.
b) Incorrect filename: 1 point per file.
c) Deviation from Sample Memorial format: 2 points for each instance.
d) Improper formatting: 2 points for each instance.
 e) Improper citations: 5 points.
f) Exceeding page limit in argument section: 2 points per page. 4
5. EVALUATION OF MEMORIALS
a) Every Memorial will be marked on scale of 100.

b) The criteria for judging the memorials shall be:

 Knowledge of Law and Facts : 20
 Proper and Articulate Analysis : 15
 Depth and Use of Research : 15
 Organization and Presentation : 15
 Grammar and Language : 10
 Novelty of Arguments : 15
 Clarity of Thought and Originality : 10

6. QUALIFICATION OF MEMORIALS AND SEEDING

a) There shall be a Memorial Elimination Round after the submission and

evaluation of the Memorials.

b) The top 32 teams shall be selected based on their Memorial scores. Only
these 32 teams shall be eligible to participate in the Oral Rounds of the
Competition upon payment of registration fee.

c) The Result of the Memorial Elimination Round shall be notified latest by

Wednesday, 11 September 2019.

d) The top 32 teams from the Memorial Elimination Round shall be seeded or
ranked on the basis of their memorial scores and thus a Preliminary Seeding
Chart shall be prepared for Oral Rounds. The Seeding chart shall not be
disclosed until the Valedictory Ceremony so as to maintain the spirit of the
Competition. Thus, the result of memorial elimination round shall not be in
order of merit but jumbled.

7. EXCHANGE AND RETURN OF MEMORIALS

a) There shall be an exchange of Memorials between the respective opposing

teams, in accordance with the fixtures as determined by Seeding, prior to all
the rounds of the competition.

b) The teams are prohibited from making any marks on the exchanged
Memorials and must return the Memorials to the administrators after each
round. The teams are prohibited from making any copies of the exchanged
Memorials.
IX. RESEARCHERS’ TEST
5
1. The Researchers’ Test shall be conducted on Friday, 4 October 2019. Participation
in the Researchers’ Test is mandatory for all Teams and failure to participate may
result in disqualification subject to the discretion of the administrators.

2. In case of Teams with three Members, only the designated Researcher shall write
the test and such Researcher shall not be allowed to address the forum during the
Oral Rounds. A Team violating this rule may be disqualified from the Competition.

3. In case of Teams with only two Members, either of those Members may write the
test.

4. The duration of the Researchers’ Test shall be 1 hour. The questions may be
subjective or in Multiple Choice Question Format or mixed.

5. Researchers’ Test shall test the knowledge of the laws involved as well as the
factual details of the Case and the application of the relevant laws to the
circumstances in the moot problem.

X. ORAL ROUNDS

1. ORAL SUBMISSION
a) The order in which teams shall submit their oral submission throughout the
Competition shall be: Counsels for Appellant/Petitioner followed by
Counsels for the Respondent.

b) The time split between the speakers must be communicated to the Court
Masters prior to the commencement of each Round. Once so informed, these
timings may not be changed.

c) Delay in appearance for a round exceeding five (5) minutes will render
disqualification of the team for that round. In such a case, their opponent shall
make their oral submissions ex-parte.

d) Any Compendium of cited authorities may be submitted to the Court Masters

prior to the oral pleading session. However, any further document may also
be submitted during the proceeding, at the discretion of the bench.

e) Use of any electronic device is prohibited during oral rounds.

f) Team members may pass written material to the Orator who may be
speaking, in a discreet manner without disrupting court proceedings.
2. EVALUATION OF ORAL ROUNDS
6
a) Each oralist shall be marked on a scale of 100.

b) Evaluation shall be done on the basis of the following criteria:

 Knowledge of Law 20
 Application of Law to Facts 20
 Ingenuity and Ability to Answer Questions 20
 Use of Authorities 15
 Style, Poise, Courtesy, Demeanour 10
 Time Management and Organisation 10
 Effective Rebuttals 05

3. PRELIMINARY ROUNDS
a) Each team shall have to argue from both the sides.

b) Time limit for the oral submissions in each round shall be twenty-five
(25) minutes for each team. This shall include the submissions of both the
speakers from the team and the time reserved for rebuttal/surrebuttal. No
speaker may reserve more than fifteen (15) minutes for his/her individual
oral submissions.

c) Only one speaker from each team shall be permitted to rebut/sur-rebut and
team shall not reserve more than five (5) minutes for rebuttal or surrebuttal;
and the sur-rebuttal shall be limited to the rebuttals made by the opponent
team.

4. QUARTER-FINAL ROUNDS
a) Time limit for the oral submissions shall be thirty-five (35) minutes for each
team. This shall include the submissions of both the speakers from the team
and the time reserved for rebuttal/surrebuttal. No speaker may reserve more
than twenty (20) minutes for his/her individual oral submissions.

b) Clause 3 of the preceding section shall apply mutatis mutandis.

5. SEMI-FINAL ROUNDS
a) Time limit for the oral submissions shall be forty-five (45) minutes for each
team. This shall include the submissions of both the speakers from the team
and the time reserved for rebuttal/surrebuttal. No speaker may reserve more
than twenty-five (25) minutes for his/her individual oral submissions.

b) Clause ‘c’ of section 3 shall apply mutatis mutandis.

 6. FINAL ROUND
7
a) Time limit for the oral submissions shall be forty-five (45) minutes for each
team. This shall include the submissions of both the speakers from the team
and the time reserved for rebuttal/surrebuttal. No speaker may reserve more
than twenty-five (25) minutes for his/her individual oral submissions.

b) Clause ‘c’ of section 3 shall apply mutatis mutandis.

XI. STRUCTURE OF THE ORAL ROUNDS

1. PRELIMINARY ROUNDS
a) The teams shall be paired on the basis of the Preliminary Seeding Chart as
per the provisions of Rule VII - 6(d). Following shall be the pairing of teams
in the two preliminary oral rounds:

b) No two teams will argue against each other more than once in the
Preliminary Rounds.

c) The top 8 teams based on their win/loss ratio (Win Loss Ratio is the ratio
of number of Wins versus the number of Loss in the Preliminary Rounds.)
and Total Preliminary Score (Total Preliminary Score is the total score
obtained by both the speakers in both the Preliminary Rounds. Total
Preliminary score does not include the memorial scores.) in the Preliminary
Rounds, shall qualify for the Quarter Final Rounds. Further, following shall
be the system for determining the teams that advance to the Quarter Final
Rounds.

d) If there are more than 8 teams that have a Win Loss ratio of 2:0, then out of
such teams, the top 8 teams based on their Total Preliminary Score, shall
qualify for the Quarter Finals.

e) If there are less than 8 teams that have a Win Loss Ratio of 2:0, then firstly,
all such teams that have a Win Loss Ratio of 2:0 shall advance for the
Quarter Finals Rounds. Secondly, Out of the teams that have a Win
 Loss Ratio of 1:0, the remaining spots in the Quarter Final Rounds shall
be filled, based on the Total Preliminary Score of such teams. 8
f) If there continues to be a tie, then the team with the higher Memorial scores
shall qualify to the Quarter Final Rounds.

2. ADVANCED ROUNDS

a) All the advanced rounds will be knock- out rounds.

b) The side on which a Team will be arguing will be decided by a draw of lots
with the Teams picking the lots. The matchups will be based on the ranking
in the preceding round.

c) In case of a tie, the marks obtained in the Memorials will be considered.

The Team with the higher score will win.
XII. SCOUTING

1. Scouting is not permitted and it shall be deemed to have happened if the Speakers,
Researcher or any other person affiliated with a team is found:

a) Witnessing, hearing, observing, etc. the oral submissions in an oral round,

except where the oral round is the final round or one in which the team to
which he/she is affiliated is participating in;

b) Reading a Memorial of a team except where: it is of the team to which

he/she is affiliated; or the Memorials have been obtained on account of an
exchange of Memorials prior to a Round of the team to which he/she is
affiliated.

XIII. AWARDS

1. The team with the maximum score in the final round will be declared as the
“Winning Team” and shall be awarded a trophy & a cash prize of INR 25,000/-
whereas the team with the second highest score in the final round will be declared
as the “Runners up Team” and shall be awarded a trophy & a cash prize of INR
15,000/-.

2. The two speakers (one male and one female) with the maximum score in the
Preliminary Rounds will be declared the “Best Oralist - Male/Female” and shall
be awarded a trophy and a cash prize of INR 5,000/- each.
 3. The team with the maximum Memorial scores shall be awarded a
trophy and a cash prize of INR 5,000/-. 9
4. The person securing maximum marks in the Researchers’ Test
shall be awarded trophy and a cash prize of INR 5,000/-.

5. Certificates and a memoir shall be awarded to all participating

teams. Certificates shall also be awarded to teams that do not
qualify the Memorial Elimination Round if so recommended by
the Memorial Review Board on basis of the quality of their
memorials. Some surprise gifts may also be awarded.

XIV. MISCELLANEOUS

1. Information given to any participant of a team shall be deemed to

be communicated to the whole team.

2. Registration fee paid are non-refundable.

3. The Proposition is neither intended to nor does it attempt to

resemble any incident or any person, living or dead. Any such
resemblance is purely coincidental. The Proposition is a fictitious
factual account prepared for the purposes of the present
Competition only and it does not attempt to influence or predict
the outcome of any matter whatsoever.

4. The copyright in the Memorials submitted by the teams shall vest

with the administrators. The acceptance of such vesting is a
precondition to participation in the Competition.

5. The Administrators reserve the right to amend, alter, vary or

change, in any manner whatsoever, the Rules governing the
Competition, which would be communicated to the teams within
a reasonable period.

*****
 SCHEDULE OF THE COMPETITION

 Release of Moot Proposition 6 JUNE 2019

Deadline for registration (www.lcdmcs.com/reg) and
 12 AUGUST 2019
clarifications
Deadline for submission of soft copy of Memorials on
 9 SEPTEMBER 2019
lcdmcs+memo@uttaranchaluniversity.ac.in
 Result of Memorial Elimination Round 16 SEPTEMBER 2019
 Deadline for payment of fee (with receipt to be uploaded
 on www.lcdmcs.com/reg) and travel & accommodation 23 SEPTEMBER 2019
form (same link)
Deadline for submission of hard copies of memorials
 (4 each, 8 total)
4 OCTOBER 2019

FRIDAY, 04 OCTOBER 2019

03:00 – 04:00 PM Reporting of teams and Formal Registration
04:00 – 05:00 PM Inauguration
05:00 – 05:30 PM Tea & Snacks
06:00 – 07:00 PM Researchers’ Test
Allotment of Courtrooms, Exchange of Memorials & Orientation
07:00 – 08:00 PM
Program
08:00 – 09:00 PM Dinner

SATURDAY, 05 OCTOBER 2019

08:00 – 09:00 AM Breakfast

10:00 – 12:00 AM Preliminary Round - I
12:00 – 01:00 PM Lunch
01:00 – 03:00 PM Preliminary Round - II
Announcement of result of preliminary round, followed by draw
03:30 – 04:00 PM of lots, exchange of memorials and allotment of courtrooms for
Quarter-Final rounds.
04:00 – 05:00 PM Tea & Snacks
Quarter Final Rounds *Result shall be declared in the Court
05:00 – 07:00 PM
Rooms itself.
07:00 – 08:00 PM Allotment of party, exchange of memorial for Semi-Final Rounds.
08:00 – 09:00 PM Dinner

SUNDAY, 06 OCTOBER 2019

Semi-Final Rounds
08:00 – 10:00 AM *Result shall be declared in the Court Rooms itself.
10:00 – 10:30 AM Allotment of party & exchange of memorials for Final round.
10:30 – 12:30 PM Final Round
12:30 – 01:00 PM Lunch
Announcement of Result followed by Valedictory Ceremony
01:00 – 03:00 PM
and Prize Distribution.
08:00 – 09:00 PM Gala Dinner
 Moot Court Society
Law College Dehradun, Faculty of Uttaranchal University
Dehradun – 248007, Uttarakhand

For more details visit:

WWW.LCDMCS.COM

or write to us on:
lcdmcs@uttaranchaluniversity.ac.in

or contact:
Ms. Anna Anu Priya
President, MCS: +91 704600499, +91 8294061988

Ms. Rashi Jha

Convener, MCS: +91 6398604676

Mr. Mohd. Danish Khan

Head (Hospitality & Logistics), MCS: +91 7351879217

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