APEX SCHOOL OF LAW APEX UNIVERSITY, JAIPUR is organizing

on 05 -06 June 2021

ABOUT Apex School of Law , Apex University , Jaipur (Rajasthan)

Apex School of Law, Apex University, Jaipur is a realization of dreams of the great visionary late Dr. S. M. Juniwal. We feel proud being a part of the oldest Education Society in the country i.e. Sanjay Shiksha Samiti, established in the year 1965. Apex School of Law has advocated excellence in legal education and is credited as one of the best Legal education providers in India. Apex School of Law is running Ph.D. in law/LL.M(One Year Degree Course)/ LL.B (Three Years Degree Course) and BA.LL.B (Five Years Integrated Course) which are approved by The Bar Council of India and is constituent college of Apex University, Jaipur.

The University is imparting legal education to educate and train students at under graduate level to achieve outstanding ability to become leaders in the legal profession. The University is also making an efforts to build the overall personality of the students by associating them in various academic activities which are mandate as a part of curriculum like Moot-Court Competition, Mock Parliament, Debates, and organizing extension lectures by the legal luminaries of outstanding caliber and valuable experience from time to time.

1. Chief Patron : Dr.Ravi Juniwal (Chancellor)

2. Patron : Mr.Khemraj (Pro-Chancellor)

3. Advisory Committee : Prof.(Dr.) O.P.Chhangani (Vice-Chancellor)

Prof.(Dr.) U.C.Shankhla (Former Vice-Chancellor, Dr. B.R. Ambedkar Law University,Rajasthan)

Prof.(Dr.) S.S.Lal (Former Head & Dean, Department of Law, UOR,Jaipur)

Prof.(Dr.) Reena Jaiswal (Former Head and Dean, Faculty of Law, M.J.P. Rohilkhand University, Bareilly, Uttar Pradesh)

Prof.(Dr.) Suman Gupta ( Department of Law, Kurukshetra University, Kurukshetra, Haryana)

Prof.(Dr.) Anju Tyagi (National Law University, Delhi)

Dr.G.S.Rajpurohit (Head & Dean, Department of Law, UOR, Jaipur)

Prof.(Dr.) Nitu Nawal ( Dean, School of Legal Studies and Governance, Career Point University, Kota, Rajasthan)

Shri Ramesh Kumar Sharma, (Chairman, District Counsmer Commission, Ajmer)

Prof. (Dr.) M.S. Nijjar, (Former Head & Dean Department of Law, Punjab University, Patiala)

Shri Deep Chandra Joshi, (Former District Judge)

Prof. (Dr.) Ashutosh Pityala, (Dean & Head, Faculty of Law, B.N.University, Udaipur)

4. Organizing Committee : Prof.(Dr.) Aradhana Parmar (Convener)

Dr.C.P.Gupta (Co-convener)

Dr. Uma Shanker Sharma (Organizing Secretary)

5. Co-ordinators : Prof.(Dr.) Babita Chugh , Dr.Pawan Kumar Shrimali, Dr. Monika Mishra

6. Student Co-ordinators : Ms. Dipti Garg (LLB IV Sem.) , Ms. Mansi Sharma (LLB II Sem.) Ms. Pritam Patra (B.A.-LLB IV Sem.), Ms. Aditi Jain (B.A. -LLB II Sem.)

• 

COMPETITION RULES AND REGULATIONS

1. ELIGIBILITY

The Competition is open for students pursuing B.A.LL.B. (5 years), LL.B (3 years) Degree Course from any recognized Law College/University subject to fulfillment of the registration formalities, and he/she must not exceed 25 years of age on the date of holding the competition. Only one team will be permitted to participate from one College/Institution/University. If two or more courses are running in an institution, one team from each course will be permitted to participate.

2. LANGUAGE

The Competition shall be conducted in the English language only.

3. TEAM COMPOSITION

Each team shall consist of three members, (Two Speakers and One Researcher).

• REGISTRATION : In order to confirm participation, teams of every Institution should register themselves. The registration process consists of the following steps:

a. Each Team is required to fill and send Online Registration Form & Authorization letter through online mode latest by 31st may, 2021. The Email should be marked with Dr. S. M. Juniwal National Virtual Moot Court Competition, 2021

b. The Registration Form should be sent at the following address:- Apex University, V.T. Road, Mansarovar, Jaipur, Rajasthan, Pin code – 302018

c. The soft copy of registration form, details along with authorization letter to be send mootcourt@apexmail.in

Their will be No Registration fee.

Forms received after the deadline i.e. 31st may 2021 will not be considered for registration.

Change in Team Composition- Any change in team composition must be intimated to the Organizers at the earliest. Any change must be accompanied with a registration form and an authority letter duly signed by the head of the college/institution. No change in team composition is allowed after registration by post.

4. RULES AND REGULATIONS

Teams have to prepare both – Memorials and Counter Memorials.

The teams must send soft copy of the Memorials and Counter Memorials latest by 1st June 2021 before 11.59 p.m. to mootcourt@apexmail.in, either in a pdf. or doc or docx format. In addition 6(Six) hard copies of the Memorials and counter memorials from each side should reach at the College Address latest by 2nd June, 2021. o Format of Memorials/ Counter Memorials o Color of the cover page must be Blue in case of Petitioner and Red in case of Respondent. o Body of Memorial shall include: o The cover Page of the memorial/ counter memorial must state the Cause Title

1. Table of Contents
2. List of Abbreviations
3. Index of Authorities/ Table of cases
4. Statement of Jurisdiction
5. Statement of Facts
6. Statement of Issues
7. Summary of Arguments
8. Arguments advance/detailed argument
9. Prayer

The font of the body of the Memorial should be Times New Roman, size 12, line spacing 1.5 & headings should be 14. The font of the footnotes should be Times New Roman, size 10, line spacing Single. Memorials should be spiral bound. Memorial should have one inch margin on all sides of each page. Page should be numbered at the bottom middle. The Memorial shall be of a maximum of 40 pages including the cover page and Pleadings/Arguments Advanced shall be of a maximum of 25 pages. The memorial should not contain any photographs/ sketches/ exhibits/ affidavits etc.

All memorials received within time schedule will be evaluated by the Memorial Evaluation Committee (MEC) to be constituted by the Apex School of Law, Apex University, Jaipur (Rajasthan)

5. CRITERIA FOR MEMORIAL EVALUATION

The evaluation will be done on the following parameters a. Knowledge of Facts & Law 20 b. Extent & use of Research 20 c. Proper & Articulate Analysis 20 d. Clarity & Organization 10 e. Evidence of Original Thought 10 f. Correct Format & Citation 10 g. Grammar & Style 10 Evaluation done by the MEC shall be final and binding

Note:

Identity of the Institution should not be revealed anywhere in the memorial as well as in any Annexure. Violation of this provision will result in penalties including disqualification. The Organizer’s decision shall be final in this regard. The memorials shall not contain any plagiarized material from any source.

All references must be duly quoted in form of references/footnotes. No difference between Soft Copy and Hard Copy of Memorial: The hard copy of memorial must be exact replica of the soft copy submitted with the Organizers. Any difference in the same will result in disqualification from the competition.

Draw of lots Each team will be provided with a Team Code on reporting to the venue. After the draw of lots, each team will be assigned a side (Petitioner or Appellant/Respondent). Fixtures of the team will be pre-determined based on the team codes.

6. ROUNDS

The Competition is divided into – (1) Preliminary Rounds (2) Quarter-Finals (if need be) (3) Semi-Finals (4) Finals

1. Preliminary Rounds Each team is allowed 12 minutes to represent their cases. Each team shall represent from both the sides. The winner of each court-room will be decided on the basis of the scores awarded by the judges in this round and the marks awarded by MEC.

Note:

The results of the Preliminary Rounds shall be declared soon after the conclusion of the Preliminary Rounds. The top eight teams selected after this round will proceed to the Quarter-

2. Quarter Finals (a) The top eight teams from the Preliminary Rounds will qualify for the quarters-

(b) The side for the quarter-finals shall be decided by ways of draws of lots.

(c) The quarter-finals shall be a knock outround.

(d) The win-loss shall be decided on the basis of the aggregate speaker score.

(e) Each team will get 15 minutes for arguing & 2 minutes for rebuttal.

3. Semi-Finals

(a) The top four teams from the Quarters-Finals will qualify for the Semi-Finals. (b) The side of the teams shall be decided by way of draws of lots. (c) The Semi–Finals shall be a knock-out round. (d) The win-loss shall be decided on the basis of the aggregate speaker score. (e) Each team will get 15 minutes for arguing & 5 minutes for rebuttal.

4. Finals

(a) The top two teams selected after Semi-Finals will proceed to the Finals. (b) The side of the teams shall be decided by way of draws of lots. (c) The win-loss shall be decided on the basis of the aggregate speaker score.

(d)Each team will get 25 minutes for arguing & 5 minutes for rebuttal.

7. PROCEDURE AND MARKING OF COURT ROUNDS

The division of time per speaker is left to the discretion of the team. The arguments should be confined to the issues presented in the memorial. the researcher needs to be present with the speakers during all the rounds.

Maximum scores for the court rounds will be 100 marks per speaker. The court rounds will be judged on the following parameters:

a. Knowledge of Law 20 b. Application of law to Facts 20 c. Ingenuity & Ability to Answer the Questions 20 d. Style, Poise, Courtesy & Demeanor 20 e. Time Management 10 f. Organization 10

8. DRESS CODE

Inside the Virtual Court Room the participants shall be in Formals. Female(s) : White Salwar and Kurta/White Shirt, Black Trouser and Black Tie along with Black Blazer and Black Shoes. Male(s) : White Shirt, Black Trouser and Black Tie along with Black Blazer and Black Shoes.

9 PENALTIES

Scouting : Teams shall not be allowed to observe the orals of another team, unless they have been officially knocked-out of the competition. Scouting is strictly prohibited. Scouting by any team shall entail instant disqualification.

Non-Disclosure of Identity : It is mandatory for the teams that they should not disclose their identity, i.e. the name of the institution, city or any other information either in the submission of memorials (soft copy or hard copy) or elsewhere. Disclosing your identity leads to disqualification from the competition by the organizers.

Copyrights : It is mandatory for the participants to submit their Memorials in originality and the issue related to copyright should vest completely full to the organizers. The participants are solely responsible if any issue related to violation of copyrights in the form of plagiarism or exhibition of the materials.

The Organizers shall have the rights to publicly display , distribute either electronically or printed or otherwise and they shall not be liable to any person if any loss caused to person regarding collection of information or any accuracy, completeness or adequacy in the information contained in the materials which are published in future.

10 AWARDS & PRIZES

Awards : The following awards shall be awarded in the Competition :

a. Best Team:

The Team winning the final round of the Competition will get a E-Certificate, and a Cash Prize of Rs. 5000/-.

b. Runner Up :

The Runner Up team of the final round of the Competition will get a E- Certificate and a Cash Prize of Rs. 2500/-.

c. Best Speaker :

Best Speaker award shall be determined on the basis of the total marks secured during the court rounds. The Speaker will get the E-Certificate and Cash Prize of Rs. 1000/-.

d. Best Memorial :

The team having the highest average memorial score from both sides shall be given the E-Certificate and Cash Prize of Rs. 1000/-

e. Best Researcher :

There shall be a Researcher test in the Apex University and the Best Researcher will get E-Certificate and Cash Prize of Rs. 1000/-. The Researcher Test will be conducted on 5th June 2021 from 10.00 A.M.

f. E-Certificate of Participation shall be given to all the participating teams.

The result will be declared during the valedictory ceremony to be conducted on 6th June, 2021. The certificates will be given within a week after completion of the event.

11 QUERIES AND CLARIFICATIONS

In case of any questions related to problems or clarifications. Convener – Dr. C.P. Gupta (8209728816) Convener Dr. Uma Shanker Sharma (9461203667), Co-Convener Dr. Monika Mishra (7665234333) Email id : mootcourt@apexmail.in

12 MICELLANEOUS

• Power to Amend or Alter Rules :

The Rules mentioned for the competition are not exhaustive. The Organizers have the right to alter, amend or add to the rules mentioned in the competition at any point of time. All decisions made by Organizers in case of any disputes, doubts or related issues shall be final and binding. Imposition of all penalties including disqualification rests solely with the organizers in case of failure to comply with the rules mentioned here in.

• Disclaimer :

The problem is fictitious and any resemblances to any person, living or dead or incident, past or present, is coincidental and not intended by the author of the problem.

MOOT COURT PROBLEM

Anjali an educated woman, age 25 while studying met Sudhir aged 28 years in a college. They fell in love with each other both were of and belonged to very rich families. They decided to get married with prior approval of their respective families. Sudhir stated helping in his father’s business and then Anjali and Sudhir got married on 10 January 2012. Anjali’s family had a good status in society and were in good economic condition. Anjali and Sudhir were married according to Hindu customs. After marriage, Anjali went to her matrimonial house in Allahabad belonging to Sudhir father.

After 2 years of marriage, both were blessed with a daughter, and named him Gudia. Everything was going well, but after some time Sudhir started suffering losses in business. Sudhir started misbehaving his wife due to over depression.

Sudhir’s father was not in position to support in the financial matter to run the business properly and started borrowing money from the market. But Sudhir was constantly having losses in business, due to which his marital life was spoiled. Sudhir decided to pay his debts by asking his wife to bring money from her parents. Initially she agreed and deposited Rs. 10 lakhs in Sudhir bank account. But Sudhir constantly insisted Anjali to bring more and more money, due to which Anjali’s family got upset. On this, Sudhir started abusing and assaulting Anjali compelling her to bring more money. He told Anjali that if he did not receive the money he will put to death.

As a result in severe losses in business Sudhir felt in bad habits and stared using drugs due to which, he started beating, abusing and physically assaulting his wife Anjali. Once under the influence of drugs, he used criminal force on his wife to the extent that she had to be admitted in a hospital due to fatal injuries. Anjali family lodged an FIR against Sudhir. FIR No. 1000 of 2014 was registered under sections 498A, 304B, 326 of the Indian Penal Code, 1860. In which Sudhir was arrested by police and parent of Anjali took her to maternal home.

Due to assurance of good behavior given by the parents of Mr. Sudhir, Anjali family withdrew the case. Anjali agreed to go with Sudhir on the condition of apologizing and not repeating it in future. Sudhir, parents also promised to protect Anjali.

Sudhir and his parents’ behavior changed again after a while, and they began to use harsh words for Anjali. Sudhir began bullying Anjali and behaving badly around her. As a result, Anjali became irritated. However, Anjali became aware of her situation and filed a Domestic Violence Act application against Sudhir and his parents, demanding separate accommodation and support. One day she saw Sudhir in an objectionable position with another woman which upset Anjali and she attempted to hang herself in the room. Anjali was timely saved by her in-laws when they saw her trying to hang herself.

After this incident, Sudhir entered the room and discovered that Anjali had written a suicide note in which she blamed her husband for her death; as a result, Nilesh violently beat Anjali and took possession of the suicide note, waiting for a favorable situation. Following this incident, Anjali filed a complaint for divorce under the Hindu Marriage Act on the basis of cruelty, as well as a maintenance claim under the Criminal procedure code 1973.

Sudhir was still in a rage, so this was the pinnacle of his mental anguish. Sudhir was enraged when he discovered that Anjali’s suicide note was missing. Sudhir charged at Anjali, seeing that she was on the phone, and when he inquired about it, she became anxious and walked away.

Sudhir searched her phone the next day and discovered that the call history had been removed. Sudhir became even more paranoid as a result of this. He began to use physical force against Anjali, knocking her out. Sudhir, on the other hand, mistook Anjali for dead and began hanging her with a rope, intending to turn his crime into suicide in order to flee and flee.

Mr. Pankaj, one of their neighbors, saw her hanging from the window and rushed towards Anjali to save her after just a few seconds. He drove Anjali to to the hospital and told her parents about it. As a result, Anjali’s statement was sought by the police. Sudhir and her in-laws had been behaving badly, and she had told them about it.

After taking Anjali statement, the police also took statements of Sudhir and his parents and then started their investigation. After the investigation was completed, the police submitted the report to the trial court, in which the police considered Sudhir and his parents accused in the relevant sections of IPC i.e. U/S 306,307,498A, 326, 201, 503 read with 34 & U/S 3 of Dowry Prohibition Act.

The trial court combined the previous cases along with this and ordered against Sudhir U/S 306, 307, 498A/34, 326, 201, 503 of India Penal Code awarded rigorous imprisonment of 7 years and compensation of Rupees 10 lakhs. The mother-in-law of Anjali was punished U/S 498A, 326, 201, 503/34 for one year and the father-in-law was given the punishment of three years.

On behalf of Anjali, the State filed an appeal with the High Court, requesting life imprisonment for Sudhir, seven years for Smt. Vimla (Sudhir’s mother), and ten years for Mr. Kanhaiyalal (Father of Sudhir).

Sudhir has also appealed his conviction. The High Court reduced the punishment of Mr. Sudhir from 7 years to 4 years, and acquitted his mother and father on the ground that the circumstances are not of conclusive nature as the chain of circumstances is not complete so as to unerringly point to the guilt of the accused.

On behalf of Anjali, the State filed an appeal against all three defendants, requesting that the mother and father’s acquittals be overturned. It was also hoped that Sudhir would receive the maximum sentence possible, as well as a hefty fine and exemplary punishment. The appellants have demanded that convicted Sudhir be sentenced to life in jail, and that his father and mother be sentenced to seven years of solitary confinement. Domestic abuse should be condemned, and the police should be questioned as to why no charges were brought against the perpetrators. The Hon’ble Supreme Court released a show cause notice to explain why the appeal should be dismissed and the sentence should be increased.

LAWS RELATED WITH

1. Indian Penal code. Sections 304B, 306, 503, 34, 498A, 201 etc. of

Sec. 34.

Acts done by several persons in furtherance of common intention. —when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. Sec.201. Causing disappearance of evidence of offence, or giving false information to screen offender.—Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false, if a capital offence.—shall, if the offence which he knows or believes to have been committed is punishable with death be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if punishable with imprisonment for life.—and if the offence is punishable with 1 [imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; if punishable with less than ten years’ imprisonment.—and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.

Sec.306.

Abetment of suicide. —If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 307. Attempt to murder. —Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to 1 [imprisonment for life], or to such punishment as is hereinbefore mentioned. Attempts by life- convicts.—4 [When any person offending under this section is under sentence of 1 [imprisonment for life], he may, if hurt is caused, be punished with death.]

Sec.326.

Voluntarily causing grievous hurt by dangerous weapons or means.—Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with 1 [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Sec.498A.

Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purposes of this section, “cruelty” means— (a) unwilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

Sec.503.

Criminal intimidation. —Whoever threatens another wit