Moot Court Competition E Brochure Final 1
Moot Court Competition E Brochure Final 1
Moot Court Competition E Brochure Final 1
isorganising
st
NATIONAL
M OOT C O U R T
COMPETITION 2023
incollaborationwith
2 3
nd rd CHANDIGARH
- LAW COLLEGE
NOVEMBER CGC-J
S C A N T O REGISTER
S C A N F O R B R OC H U R E
ABOUT CLC
CGC Jhanjeri’s Chandigarh Law College is a legal institution of par excellence tested by time. Since its
inception, the department has been engaged in nurturing many legal luminaries, political leaders,
leading advocates, policymakers, and trendsetters from different walks of life. With a multicultural
environment, unparalleled expertise of faculty members, and its seat at the heart of Chandigarh, the
capital of Punjab and Haryana, the department attracts brilliant students from across the country and
overseas. We offer a three year LL.B course, five year B.A. LL.B. Courses, B.Com.LLB Courses and
B.B.A.LL.B. Courses. The department has a well-stocked library and adequate resources to provide a
premium learning experience to students. Continuous improvement is being made in all its facilities to
provide the best infrastructure to students. We are thrilled to extend an invitation to you for an expert
talk at our upcoming event. Your wealth of experience and expertise in the legal field make you an ideal
speaker for this occasion.
The major objective for setting up this Law College is to provide top notch instructions to the students, enabling them to become successful
lawyers, judges, and legal executives, who can work in a business and other settings. Keeping in view this as our guiding principle, we will
take all possible measures to produce legal intellectuals who can meet the needs of law courts,legal firms, the judicial system, business
associations and education sector. Since, there are many appealing avenues in the multifaceted field of legal practice and jobs, comprising of
both government and Non-government spheres, the legal environment has undergone many drastical changes. I can remember that in the
early decades, that is from 1950s to 1990s, a large number of students choose the subject of law without any consideration of future career
prospects. But in current scenario, students are more concerned and knowledgeable about their career choices. In this revised scenario, we
propose to instruct and train the law students, who come from all walks of life, having different cultural, social and educational background, at
one common platform. With so many social issues prevailing around such as crime against humanity, particularly against women, corruption
and cyber crime, raising excellent law graduates has become essential in these days. We plan to spread legal knowledge and equip young
minds with the capacity to analyse and develop answers to modern problems. by setting up conferences, symposia, workshops, mood courts,
and seminars.
Dr. (Prof.) Tufail AhmadKhan
Director, CLC
Dean’s Message
As a law Dean my vision is to create an exceptional legal education environment that produces highly skilled and ethical legal professionals
who are well – equipped to meet the challenges of the dynamic legal landscape. I envision a Law School that is known for its commitment to
academic excellence, innovation, diversity and social justice
Lawctopus Law School (LLS) teaches you practical legal skills, online. Our rigorous
courses and structure push you to learn deeply. Our caring attitude ensures that you
complete the course well!
Law Bhoomi is a portal that provides information on the latest internships, jobs, legal
opportunities, law notes, career guidance, study materials, and books for various exams
like the judiciary, CLAT PG, AIBE, CLAT UG, etc. Apart from all these, interviews and
internship experiences help students explore more opportunities in law.
Moot O f f ic er s
Jiya Mittal | Versha |Ankita Mahar | Dixit Garg
+91 72065-73087 +91 84276 62806 +91 78958 14952 +91 8360690401
Student Desk
Neeraj Sharma Sugandhni Nandini Chauhan Mehak Sheikh
Jaspreet Kaur Anshul Divya Aggarwal Kanika Sharma
Jahanvi Sharma Shivendra Pratap Singh Garima
MOOT SOCIETY INTRODUCTION
Mooting is one of the most essential skills for any law professional. Moot courts or mock trials are
usually based on hypothetical cases, involving emerging or unsettled areas of law. Law studens, who
participate in these activities, are given opportunity to develop their research, legal writing and oral
advocacy skills in a mock courtroom setting. Additionally, moot court presentation inculcates
professional legal etiquettes in the students which equip them to adapt with courtroom practices.
A Moot Court Competition provides a platform to bring in different perspectives of the same case
before the judges and audience. Moot Court Competition, therefore, is the process where a student
can analyze a given problem with its proper legal background, make research about its historical
supportive articulations and demonstrate the same before a panel of judges after proper arguments
in ethical and professional manner. It brings the Law graduates close to real courtroom environment
where they are called upon to solve the problems in a short span of time.
OBJECTIVES
To provide a platform for law students across the country to sharpen their analytical and
argumentative skills which focus on understanding, historical research, analytical ability, logical
thinking, presentation and judgment
To
develop confidence in dealing effectively with the wide array of difficult situations faced during
courtroom process.
DATE
The Competition shall be held on 2nd-3rd NOVEMBER 2023
COMPETITION FORMAT
The competition is structured as per the following format:
The Oral Rounds shall be conducted. The participants shall receive a link for their respective court
rooms. However, the Convenor & Executive may at several instances join in any of the Court Rooms for
inspection.
ELIGIBILITY
Students of 3 year or 5-year law degree courses from any BCI approved University/College/Institution/
Department are eligible to apply for registration of their team. However, two team shall be allowed to
participate from one College/ Institution/ Department.
TEAM COMPOSITION
• Each team shall consist only of three members, comprising of two Mooters and one Researcher.
• Any alteration/change in the names of the team members shall be intimated in writing by the Dean /
Director/ Head of the Department of the School/ Department /College of Law, of the team requesting
such alteration/change positively to the Organizing Committee. However, any such alteration is
permitted only once.
• Once the competition commences, the team composition cannot be altered under any
circumstances. However alteration can be done on any Unavoidable Circumstance. Inability of any
team member to participate shall lead to disqualification of the team from the competition and their
registration fee will not be Refunded.
A W A R D FOR WINNERS
Best T e a m Award
Merit certificate, Trophy & a c a s h prize
of
INR21000/-
Runners-Up Te am Award
Merit certificate, Trophy & a c a s h prize
of
INR11000/-
T h e B e s t Mooter A w a r d
Merit certificate, Trophy & a c a s h prize
of
INR5000/-
Date of Event
2 n d -3 r d November 2023
Researchers Test:
2 nd November 2023
S C A N T O REGISTER: S C A N TO PAY
Chandigarh Law College
HDFC Bank Account Number
50100500904350
IFSC Code : HDFC0003578
Note: Once Registration is done through Razorpay, no changes in names shall be allowed and the
amount paid shall be non-refundable.
GUIDELINES FOR PARTICIPATION
• A team shall be comprised of 3 members (2 Mooters and 1 Researcher).
• Participating teams should register themselves by QR Code provided at the cover page.
• The memorials must be developed in Times New Roman 12 font size with 1.5 line spacing. The
headings must be in 14 font size and the footnotes must be in Time New Roman 10 font size.
• Teams must not reveal the name of their Institution or name/s of the participant/s, anywhere in the
memorials or in the course of oral arguments. Teams must also not make use or display in any manner
whatsoever about their identity, if so, it would amount to instant disqualification.
• The memorial of any side (Respondent/Appellant) as a team should not exceed 30 pages including
the cover page.
• The memorials should have a margin measuring one inch on all sides of each page.
(b) The front cover of each memorial must have the following contents:
The name of the court
The name of the case
The title of the memorial (i.e., "Memorial for Appellant" or "Memorial for Respondent").
2. FORMATTING AND CITATIONS: Footnotes shall contain only the citation. There shall be no
speaking of footnotes in the memorial. All teams shall give footnotes by adhering to Indian Law
Institute Citation Style.
3. PLAGIARISM: The MCS-J reserves the right to disqualify a team, at any stage of the competition, if
the memorial or any other part thereof found to be plagiarized.
Note: Non-compliance with the rules will lead to disqualification of the team.
If there is a tie in preliminary round, the team with highest memorial marks shall qualify.
Note: If a Team scheduled to take part in a round does not appear within 10 minutes of the scheduled
time, the other team shall be allowed to submit ex-parte, except in case of technical errors, on the
discretion of the judges.
RESEARCHER'S TEST
RESEARCHER'S TEST
(a) There shall be a Researcher's Test for the researchers of all the teams. The participant, who is
registered as a Researcher, shall only be allowed to participate in the Researcher's Test.
(b) The test shall be conducted in MCQ mode, which shall be time-bound. The participants must
ensure a good internet connection before beginning with the researcher's test.
(c) The researcher's test will be conducted on 02/11/2023. The link will be shared with the participants.
(d) The Test will have 20 multiple choice questions carrying 5 marks each with no negative marking
and researcher should be present on the intimated time otherwise the team shall stand disqualified.
RESULTS
The results will be announced after each round through Notice Board. The results of the final round
shall be announced at the prize distribution ceremony only.
(SCOUTING)
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 still in the Competition. Scouting by any team in
any manner shall result in instant disqualification.
MISCELLANEOUS
(a) The mooter shall not state their names during the oral rounds and they must use the
team Code. Team codes will be allotted after the registration is closed. All team members must
refrain from disclosing the identity of their institution at any time and in any manner during the entire
competition. Non-compliance with this Rule will result in immediate disqualification of the team. The
decision of MCS-J in this regard shall be final and binding.
(b) The decision of the judges with regard to the outcome of all the rounds shall be final and bin ding.
(c) The clarifications, if any, regarding the Moot Problem may be sought through mail sent to
clcmootcourtsociety
MOOT PROPOSITION
Ms. Jasmine aged 16 is a young and beautiful Muslim girl. She studies in 11th standard having medical
background. Being a laborious child since childhood she only concentrates in her studies and she is not
easily distracted by things happening around her. One fine day, the school she was studying in,
organized a science seminar and various eminent speakers were invited. Mr. Rajiv, a Hindu boy aged 28
years was also invited as a guest speaker because of his extra ordinary achievements in the field of
medical science. Ms. Jasmine, being one of the students attended the seminar. Awestruck by Mr. Rajiv’s
amazing discourse and professional communication skills and display of knowledge in the field of
medical sciences. Ms. Jasmine started considering him as her role model. Also, captivated by his charm
and personality, Ms. Jasmine in the wake of seeking guidance for further studies approaches Mr. Rajiv.
She managed to secure his contact number through the pamphlets distributed during the seminar.
The very next day she calls him for guidance in the medical profession and also complemented him for
his extremely attractive personality and communication skills. Surprised by her confidence in such an
age, Mr. Rajiv expressed his gratitude towards her compliment and guided her efficiently for future
endeavours in the medical profession. Soon Ms. Jasmine started contacting Mr. Rajiv frequently for
one or the other reasons. The relationship of guide and student soon turned into the relationship
offriends followed by meeting for coffee dates, going on long drives and sharing their secrets with
each other and this went on for two months.
Suddenly, one day Ms. Jasmine confessed her feelings to Mr. Rajiv. Mr. Rajiv who was also astonished
by her beauty but was reluctant to take the first step due to the age difference accepted her proposal
happily. The friendship soon turned into relationship. The fact of this relationship was no more a
clandestine affair and Ms. Jasmine parents started objecting to this. Ms. Jasmine with each passing day
was getting determined to marry Mr. Rajiv who was equally supporting her in her decision to marry
him. There were several attempts by parents of Ms. Jasmine to make her understand about the adverse
consequences of this relationship and also warned her if she did not listen to them. However, all they
had to face was a debacle. Ms. Jasmine parents also threatened Mr. Rajiv to stay away from their
daughter but all went in vain and one fine day Ms. Jasmine voluntarily eloped with Mr. Rajiv. Both of
them directly went to the temple and solemnized their marriage according to Hindu ceremony.
Sensing the threat to their life from Ms. Jasmine’s family, the couple sought legal advice. Their counsel
Mr. Bhalla advised them to file a writ petition under Article 226 read with Article 21 of the Indian
Constitution in the judicature of Hon’ble High Court of Punjab & Haryana. The case was listed, and the
matter was called up for hearing. Mr. Bhalla appearing for the petitioners argued before the Hon’ble
High Court seeking directions from the Hon’ble High Court to concerned Superintendent of Police as
he pleaded that if the relief is not granted the couple might become the victim of Honour Killing. In his
petition, Mr. Bhalla attached the photographs of their marriage that were taken during their marriage
ceremony in the temple.
He further contended that Ms. Jasmine who was one of the petitioners in the present case is a Muslim
girl governed by Muslim Personal Law and in Muslim Law, Puberty and Majority are one and the same
thing and it is a presumption that a person governed by Muslim Law attains majority at the age of 15
years since Ms. Jasmine has crossed the age of puberty, she is free to marry any person of her choice
and there cannot be any sort of interference in her decision. Hence, they are validly married to each
other and are seeking protection. At the outset, the Court following the precedent in the case of Yunus
Khan v. State of Haryana opined the law is clear that the marriage of Muslim girl is governed by the
Muslim Personal Law, the Court further held that the danger to the life of the couple in fact was real and
being a constitutional Court addressed their apprehension and passed the order issuing directions to
the Superintendent of Police for the protection of their fundamental right of their Life and Liberty
under Article 21 of the Indian Constitution but without making any remarks regarding the validity of
the marriage of the couple. The Court further observed that merely because the petitioners have got
married against the wishes of their family members, they cannot possibly be deprived of fundamental
rights as enshrined in the Constitution, it being the grundnorm. The Court did grant the asked relief
without entering upon an exercise to evaluate the evidentiary value of the documents placed on
record. The Court also observed that this Order shall not be construed in the sense to not initiate any
action against petitioners, for violation of other laws, by them, if any. Alongside, the Hon’ble High
Court also granted the custody of Ms. Jasmine to Mr. Rajiv.
In pursuant to this Order, the couple started living together. After six months, the couple started
having persistent arguments on one or the other things. These continuous arguments and this sore
relationship mentally drained Ms. Jasmine. Being frustrated with all this, Ms. Jasmine decided to return
to her parents who were any day happy to welcome her back alone. Mr. Rajiv made no attempts to
bring Ms. Jasmine back which turned this marriage into a bogus relationship. Convinced by her
parents’ advice and realising her mistake, Ms. Jasmine decided to end this marriage and thereby she
along with her parents approached the police to register an FIR against Mr. Rajiv as she has now
believed that Mr. Rajiv took the benefit of her adolescence. An FIR was registered under Sec 361 and
Sec 503 IPC, Sec 3 and Sec 4 of POCSO and Sec 9 & Sec 10 of Child Marriage Prohibition Act. Following
this FIR, medical examination of Ms. Jasmine was conducted at a Govt. Medical College and the doctor
gave his expert opinion that the possibility of attempted sexual intercourse cannot be ruled out. Mr.
Rajiv came to know about all the proceedings that were being initiated against him through a common
friend and approached Mr. Bhalla again for his legal advice to protect him against the penal
consequences who in return, filed on his behalf an Anticipatory Bail Application which was denied by
the District and Session Court.
Thereafter, he moved to the Hon’ble High Court which allowed his Anticipatory Bail Application.
Mr. Bhalla on behalf of Mr. Rajiv moved another Application under Sec 482 of CRPC for quashing of
FIR which was registered by the police on the instance of Ms. Jasmine against him, before the
Hon’ble High Court of Punjab & Haryana. The Counsel for the petitioner pleaded that it was in
pursuance of the Orders of this very Hon’ble High Court, that the estranged couple were living
together as husband and wife and he drew the attention of the Hon’ble High Court to the fact that it
was this Hon’ble Hight Court which granted the custody of the informant (Ms. Jasmine) to Mr.
Rajiv. Submitting his final arguments, the Counsel of petitioner, Mr. Bhalla pleaded that the FIR is
liable to be quashed in the light of above Orders by this very Hon’ble Court. He also
questioned the charges that were levied against his client in the light of above Orders. The Hon’ble
High Court rejected the petition for quashing of FIR as it relied on the fact that they had already in the
above-mentioned Order made clear that the Order granting the protection to petitioner was not
meant to immune the petitioners from any legal action that could be initiated against them for
committing any offence under other statutes, if any. Crestfallen and aggrieved by the decision, Mr.
Rajiv decided to challenge the Order of Hon’ble High Court of Punjab & Haryana before the Hon’ble
Supreme Court of India. The Hon’ble Supreme Court of India sensing the gravity of the present issue, in
absence of any particular legislation and also for framing the guidelines regarding the disposal of such
cases granted the petitioner a Special Leave to Petition under Article 136 of the Indian Constitution.
Notices were issued to the concerned parties i.e., State of Punjab and also the Union of India. Argue
from both sides.
Issues raised:
• Whether the Hon’ble High Court of Punjab & Haryana was justified in granting protection to the
estranged couple under Article 21 of the Indian Constitution or not?
• Whether the Order granting the custody of the estranged wife to the petitioner immune him from the
subsequent offences, if any or not?
• Whether the FIR against Mr. Rajiv is liable to be quashed or not?
• Whether the Hon’ble High Court under the shield of Article 21 of the Indian Constitution indirectly
promoted Child Marriage and by passed any other special statutes?
• Whether in such cases the personal laws take over or it is the special statutes that takes the lead
Disclaimer:
This is a work of fiction. Names, characters, places and incidents either are products of the authors
imagination or are used fictitiously. Any resemblance to actual events or locales or persons, living or
dead, is entirely coincidental. Any resemblance to actual firms, institutions,
organizations or any other entities is entirely coincidental and in exercise of the authors' attempt to
further academic research. Nothing in the proposition is intended to defame any living or dead
person.
HONOR OF THANKS
S a l u t i n g t h e T r a i l b l a z e r s W h o B r o u g h t t h e First Moot C o u r t
to Life a t C G C J h a n j e r i
ANNEXUREA
W e hereby state that our participation is in compliance with the prescribed rules and rc&rulations of the
competition.
Contact Number:
Media Partners