7th KIMCC Brochure - KIIT Law School Moot Court Society
Transcription
7th KIMCC Brochure - KIIT Law School Moot Court Society
7TH KIIT INTRA MOOT COURT COMPETITION (KIMCC), 2015 Organised by:KIIT law School Moot Court Society School of Law, KIIT University. Conducted on: 28th & 29th March, 2015 KIMCC BROCHURE 1. Statement of Facts 2. The KIMCC Rules, 2015 3. The Timeline 4. The Registration Form 1. STATEMENT OF FACTS Ravi Sharma was an NRI software engineer employed in a company called COMPUSOFT, situated at Monitoba, Canada. During the year 2010 Ravi developed friendship with Raveena through FACEBOOK and gradually developed intimacy with her. In December 2010, Ravi invited Raveena and her parents to Canada and also sent them three (3) Air tickets for their visit to Canada. In response to the invitation, Raveena and her parents visited Monitoba and stayed there for a week. In January 2011, Ravi proposed Raveena for marriage which was also approved by her parents. An engagement ceremony was organized where limited family members participated and after the engagement ceremony Ravi went back to Monitoba. Ravi again invited Raveena after the engagement to come to Monitoba and pursuant to Ravi’s invitation Raveena went to Monitoba on 3rd February 2011. On 4th March 2011 Raveena informed her parents that Ravi and she will soon be married and she was lucky to have such life partner. On 8th April 2011 Raveena informed her mother about her marriage with Ravi at a local Hindu Temple there. She further informed her that, soon they will register their marriage. During 2011, COMPUSOFT opened its branch at Mumbai and sent Ravi to India as the country Head. Sometime during October 2011, Ravi developed intimacy with Sangeeta, a Manager of the COMPUSOFT. Ravi proposed Sangeeta, for marriage and soon they were engaged on 25th December 2011. After engagement with Sangeeta, Ravi’s attitude towards Raveena changed but he did not reveal anything to her. From Monitoba, Raveena informed her mother about the changed behaviour of Ravi and requested her to contact Ravi as he is not responding to her calls. Soon Raveena’s father came to know about the relationship between Ravi and Sangeeta. However, he did not reveal it to Raveena. In the meantime, Sangeeta became pregnant and she pressurized Ravi to marry her. But, Ravi avoided the situation. When Raveena’s father informed Mr. Amit (Sangeeta’s brother) about the relationship of Ravi with his daughter he became very disturbed. On April 10th 2012 Mr. Amit went to Ravi’s office and had hot arguments with Ravi. Later, Ravi ordered his security personnel to drag Mr. Amit out of his office and inform the Police. Soon Police arrived and Mr. Amit was arrested. However, soon he was released on personal bond from the Police station. On the same day, Ravi telephoned Sangeeta about the incident and warned her not to keep any relationship with him any further. On April 12th 2012 Ravi telephoned Raveena to come back to India immediately. When Raveena came back to India, Ravi went to her house and told her that he is no more interested to keep any relationship her. He accused her father as the ‘trouble maker’ and threatened to take legal action against him. Further, On April 20th 2012 Mr. Amit discussed the whole situation with his friends Mr. Madan Puri, Mr. Govind Pandey and one Mr. Tapan Bose. All of them decided to teach Ravi a lesson. On the same day, Raveena’s father narrated the whole episode to his brother-in-law Mr. Suresh Kulkarni and his brother Mr. Amrit Kulkarni. After the discussion, Raveena was asked to go back to Monitoba to secure her marital position. On 21st April 2012, Raveena went back to Monitoba without intimating Ravi. Further, on 24th April 2014, at about 11.30 PM when Ravi was returning from office in his car Madan Puri, Govind Pandey and Tapan Bose stopped him at the entrance gate of his residence and assaulted him with iron rods. Taking the advantage of the situation, Suresh and Amrit came and gave two knife blows, one on the back and the other on the lower abdomen. When Ravi fell down on the ground bleeding profusely Madan Puri, Govind Pandey and Tapan Bose ran away from the spot out of fear. In the meantime, some passers-by informed the Police and Ravi died in the hospital on 26th April 2014. Police arrested all the accused persons Madan Puri ,Govind Pandey, Tapan Bose, Amit as well as Suresh and Amrit Kulkarni and charged them under Section 107, 120-A, 300, 302 read with Section 34 of the IPC. The post-mortem report suggested that the deceased died due to deep injury on the skull (Lamodial Suture). After the death of Ravi, Raveena filed a civil suit to claim the property of Ravi as his lawful wife but could not produce any marriage certificate from Monitoba. Likewise, Sangeeta claimed the property of Ravi as the mother of the unborn illegitimate child of deceased Ravi. The teams are at liberty to frame their own issues as they deem fit. The First speaker will deal with the Criminal Case and the Second Speaker will deal the Civil Case. * This Moot Problem is drafted by Prof. (Dr.) Prabir Kumar Pattnaik, (Professor KIIT School of Law). 2. KIMCC RULES & PROCEDURE A]. TEAM COMPOSITION 1. Each team shall consist of three members, comprising of two speakers and one researcher. 2. Any alteration of names of the team members shall be informed through e-mail before last date of registration (25th February 2015) at kimcc2015@gmail.com. However any such alteration is permitted only once. B]. PARTICIPATION AND REGISTRATION PROCEDURE 1. Interested teams should register their team by submitting attached Registration Form to Mrs. Pratiti Nayak (Faculty Convenor) or Mojahid Karim Khan (Student Joint Convenor) before 25th February 2015. 2. Memorial submission is mandatory in order to appear for the oral rounds. 3. No person to person query will be entertained, every query will be entertained through formal email at kimcc2015@gmail.com. 4. For further information of dates please refer to the Timeline attached. 5. Participants are directed not to approach faculty members of KIIT School of Law. Violation of this rule would lead to diqualification. C]. MEMORIAL SUBMISSION GUIDELINES / RULES The following guidelines for the memorials must be strictly followed. Noncompliance will entail penalties as provided below: 1. Teams have to prepare memorials for both the Appellant and the Respondent. 2. Teams shall submit soft copy at kimcc2015@gmail.com and 4 (four) hard copies of the memorials for each side (Appellant & Respondent) (Total 4 X 2 =08 Memorials) before 15th March 2015, 1700 Hrs to Mrs. Pratiti Nayak (Faculty Convener) in person. 3. The memorials have to be submitted on A4 size paper, printed on only one side, and must contain the following sections. I. Cover Page; II. Table of Contents; III. Index of Authorities; IV. Statement of Jurisdiction; V. Statement of Facts; VI. Statement of Issues; VII. Statement of Arguments; VIII. Arguments Advanced; and IX. Prayer. 4. The memorials must be printed in Times New Roman 12 font size with 1.5 spacing. The footnotes must be in Times New Roman 10 font size with 1.0 spacing. And should contain the ‘Team Code’ on cover page. (Top-Right Corner) 5. The arguments advanced should not exceed 15 pages. 6. The memorials as a whole should not exceed 25 pages including the cover page. 7. The memorials should be covered with a plastic cover or a spiral bound. 8. The memorials should have a margin measuring one inch on all sides of each page. 9. The page numbering should be on the bottom of each page. 10. The Appellant’s memorial cover page shall be printed on Blue Colour A4 size paper, and Respondent’s memorial cover page on Red Colour A4 size paper. 11. The teams have to use 18th edition Blue Book for citation format throughout the memorial. 12. Footnotes shall contain only the citations. There shall be no speaking footnotes in the memorial. 13. The maximum scores for the memorial shall be 100 marks. The memorials shall be evaluated on the following criteria and any noncompliance with above criteria shall result in penalty of 2 marks per missing section. Sl.No PARTICULARS MARKS 1. Knowledge of Law and Facts 30 Marks 2. Proper and articulate analysis 20 Marks 3. Extent and use of Research 20 Marks 4. Clarity and Organization 20 Marks 5. Grammar and Style 10 Marks TOTAL 100 Marks D]. ORAL ROUNDS 1. Each team will get a total of 15 minutes to present their case. This time will include rebuttal and sur-rebuttal time. Any time exceeding the allotted time shall be penalised. The penalty shall be of 1 marks for every two minutes exceeded. 2. There shall be two oral rounds per team, presenting both appellant and respondent. 3. The division of time per speaker is left for the discretion of the team subject to a minimum of 10 minutes per speaker. 4. The oral argument should be confined to the issues presented in memorial. 5. The researcher shall be present with the speaker during the oral rounds. 6. Passing of notes/chits to the speaker by the researcher is not allowed. Maximum scores for the oral rounds shall be 100 points per speaker. 7. The participants shall be mandatorily abide by the dress code as per prescribed by the Bar Council of India. 8. Strict Adherence to Court Manners shall be observed by all the participants. 9. The oral rounds shall be judges on the following criteria: Sl.No PARTICULARS MARKS 1. Knowledge of Law 20 Marks 2. Application of Law to Facts 20 Marks 3. Ingenuity and Ability to Answer 20 Marks 4. Style, Poise, Courtesy and Demeanour 20 Marks 5. Time Management 10 Marks 6. Organization 10 Marks TOTAL 100 Marks E]. FINALITY OF DECISION The decision of the judges with regard to the outcome of the rounds shall be final. F]. CLARIFICATIONS All clarifications regarding the Moot Problem should be sent before to kimcc2015@gmail.com. No questions/clarifications over phone/ any means other than e-mail shall be entertained. G]. AWARDS 1. Winner – KIMCC Winner’s Trophy & Book Hampers 2. Runner’s-up – KIMCC Runner’s up Trophy & Book Hampers 3. 2nd runner’s up – KIMCC 2nd Runner’s-up Trophy &Book Hampers 4. Best Memorial – KIMCC Best Memorial Award & Book Hampers 5. Best Speaker (Male) – KIMCC Best Speaker Medal & Book Hampers 6. Best Speaker (Female) – KIMCC Best Speaker Medal & Book Hampers 7. Best Researcher – KIMCC Best Researcher Medal & Book Hampers *Other participants would be provided with certificate of participation. 3. THE TIMELINE Sl.NO PARTICULARS DATE/TIME 26th November 2014 1. Disclosure of Moot Court Proposition 2. Last Date of clarification 3. Release of Clarification 4. Last Date of Registration 5. Team Code allotment 10th March 2015 6. Memorial Submission( Both Sides) 15th March 2015 7. Party Allotment ( Phase 1) 25th March 2015 8. Party Allotment ( Phase 2) 26th March 2015 9. Researchers Test 26th March 2015 25th February 2015 05th March 2015 25th February 2015 10. Exchange of Memorials 27th March 2015 11. Moot Court Competition ( Round 1) 28th March 2015 12. Moot Court Competition ( Round 2) 29th March 2015 13. Declaration of Result 01st April 2015 14. Award Function & Prize Distribituion 10th April 2015 #Disclaimer: The KLSMCS, hereby reserves the right to add/modify/alter/repeal any of the above mentioned rules with notification to the same effect. ORGANIZING COMMITTEE Prof. P K Sarkar Mrs. Pratiti Nayak Mr. Jash Agrawal Chairman KLSMCS Faculty Convenor KLSMCS Student Convenor KLSMCS Mr. Mojahid Karim Khan Mr. Deban Satyadarshi Nanda Joint- Convenor KLSMCS Administrator 7th KIMCC, 2015 mojahidkarimkhan@gmail.com +91 8093127332 Deban.satyadarshi@gmail.com +91 9437199520 “All KLSMCS Faculty and Student Members” KIMCC 2015 Official Email ID: kimcc2015@gmail.com #(All Communications are to be addressed to the above official e-mail id.) FOR REGULAR UPDATES www.facebook.com/kimcc2015 The 7th KIIT Intra Moot Court Competition 2015 REGISTRATION FORM (TO BE FILLED IN CAPS) PARTICIPANTS DETAIL SPEAKER 1 FULL NAME: ................................................................................... YEAR & SEMESTER: ........................................................................ GENDER: ......................................................................................... Signature CONTACT NO: ................................................................................. E- MAIL: .......................................................................................... SPEAKER 2 FULL NAME: ................................................................................... YEAR & SEMESTER: ........................................................................ GENDER: ......................................................................................... Signature CONTACT NO: ................................................................................. E- MAIL: .......................................................................................... RESEARCHER FULL NAME: ................................................................................... YEAR & SEMESTER: ........................................................................ GENDER: ......................................................................................... Signature CONTACT NO: ................................................................................. E- MAIL: .......................................................................................... [To be submitted to Ms. Pratiti Nayak (Faculty Convenor) or Mojahid Karim Khan (Student Joint Convenor) before 25th February 2015, 1700 Hrs in person]