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LATE LALA

DIP CHAND

MEMORIAL

NATIONAL

MOOT COURT

COMPETITION

DR. B. R. AMBEDKAR

NATIONAL LAW UNIVERSITY

P R E S E N T S

www.dbranlu.ac.in

FEBRUARY

4TH - 7TH, 2021

LATE LALA DIP CHAND MEMORIAL NATIONAL MOOT COURT COMPETITION

P R E S E N T S

(FEBRUARY 4TH - 7TH, 2021)

ABOUT THE UNIVERSITY

Dr. B. R. Ambedkar National Law University is situated in the Rajiv Gandhi Educational City, Rai, Sonepat, where more than thirteen renowned educational institutions and universities have been established and are functional. It has been established with the objective to serve the society by providing professionally competent and pragmatic law abiding citizens with scientific and objective temperament bearing well rounded personality, who knows much more than law. In this era of technology and globalization, we envisage a process of legal education by imparting value based, intellectually stimulating academic environment whereby our students are not only the leaders in various streams of legal profession but also develop proper aptitude to serve. Our primary vision is to shape the legal education as an instrument to provide justice – Social, Economic and Political. The location provides a positive and congenial environment for legal education and professional training besides overall development of students. The University has firmly resolved to impart advanced legal education, to hone practical legal skills and inter disciplinary understanding keeping in view the requirements of a just and equitable society.

LATE LALA DIP CHAND MEMORIAL NATIONAL MOOT COURT COMPETITION

P R E S E N T S

(FEBRUARY 4TH - 7TH, 2021)

DISCLAIMER

THIS IS A HYPOTHETICAL PROPOSITION AND NEITHER

INTENDS NOR ATTEMPTS TO RESEMBLE ANY INCIDENT OR

ANY PERSON, INDIVIDUAL OR ENTITY, EITHER LIVING OR

DEAD. THE CONTENTS OF THIS DOCUMENT SHALL NOT BE

INTERPRETED TO DISSEMINATE ANY INFORMATION FOR

PURPOSES OTHER THAN THE COMPETITION, IN A MANNER

THAT CASTS DISREPUTE OR DEFAMATION TO ANY

COUNTRY, AUTHORITY, PERSON, BODY OR INDIVIDUAL. ALL

REFERENCES IN THE PROBLEM ARE FICTITIOUS AND DO

NOT INTEND TO OR ATTEMPT TO HURT THE IDENTITY,

FEELINGS OF ANY INDIVIDUAL, ENTITY, STATE,

COMMUNITY OR RELIGION. ANY RESEMBLANCE TO ANY

INCIDENT OR PERSON IS NOT INTENDED BUT MERELY A

COINCIDENCE.

LATE LALA DIP CHAND MEMORIAL NATIONAL MOOT COURT COMPETITION

P R E S E N T S

(FEBRUARY 4TH - 7TH, 2021)

MOOT PROPOSITION

1. Thirty year old Veer Singhania fell in love with a beautiful 24 year old Rohini

Singh. Though they met through tinder and had an age difference of 6 years, yet

after two weeks of knowing Veer, Rohini wanted to be with him forever. Rohini

had dug her heels in and despite the family opposition, Rohini decided to get

married with Veer within one month.

2. On 31st December 2018,Veer and Rohini got married without the blessings of

family. They left for their honeymoon on the 5th of January 2019. Since it was

their honeymoon, the airline offered a package to them. Veer has a charming

personality, so during the travel he started conversation with wealthy oil baron,

Sheikh Abdul Tayyar whose business office is in Venice (Italy), and who was on his

way to home, Dubai. Veer was a serial entrepreneur who was always searching for

a venture capital market, and as it turned out Sheik Abdul Tayyar was looking to

diversify his holdings. After a brief conversation, Tayyar invited them to come and

visit him at his villa. He also expressed how his wives would be happy to meet

Rohini, while they could talk business.

3. After spending 3 days sightseeing in and around Dubai, Rohini and Veer paid a

visit to Abdul Tayyar’s residence. Tayyar told Veer that since his family had a

traditional mindset Rohini would not be able to join them as they talked business,

and that he should let his wives show her around. Looking forward to experiencing

Dubai with locals, Rohini left with his three wives. Veer and Tayyar began

business negotiations out the finer details of his proposed investment into a mobile

payments gateway that Veer was building. To start the project a sum of 7,

Bitcoins was immediately transferred to Veer’s account.

LATE LALA DIP CHAND MEMORIAL NATIONAL MOOT COURT COMPETITION

P R E S E N T S

(FEBRUARY 4TH - 7TH, 2021)

MOOT PROPOSITION

**7. He immediately went to the local police station in Dubai, and lodged a case against Veer. The Dubai police swung into action, and started an investigation into the alleged disappearance. They then contacted the Chandigarh police in India to enquire into Veer’s antecedents and meanwhile also followed up with the Immigration and Customs Bureau to verify whether Rohini had indeed come into the United Arab Emirates.

8. A lengthy investigation was carried out and Veer was charged under Article 344 of the Penal Code and also Article 2 of the Federal Law on Combating Human Trafficking. The prosecution claimed that Veer had performed a sham marriage with Rohini in order to coax her into coming to Dubai with him, where he proceeded to sell her to Sheik Abdul Tayyar for a sum of 7000 Bitcoins. Based on reports sent by the Chandigarh police, they also claimed that this was a pattern for Veer as he had sought dissolution of his marriage in 2017 on the ground that his wife had disappeared during his honeymoon 6 years ago. A case had been registered, but the investigations at that time had yielded no results.
9. The defence vehemently argued that an innocent man was being victimized by the system and that he was deeply in love with Rohini, and would never dream of doing such a heinous crime. In support of their contention, witnesses from the hotel staff that had seen the couple together were examined and they testified that Rohini and Veer looked like a couple very much in love. Photographs of Rohini and Veer having a good time around Dubai were also produced from Veer’s Smartphone. The immigration bureau filed an affidavit stating that they had a record of Veer and Rohini entering Dubai together as husband and wife on the 5th of January 2019.**

LATE LALA DIP CHAND MEMORIAL NATIONAL MOOT COURT COMPETITION

P R E S E N T S

(FEBRUARY 4TH - 7TH, 2021)

MOOT PROPOSITION

10. After hearing detailed arguments, the court finally acquitted Veer, and directed the police to conduct an investigation into Sheik Abdul’s activities as his role in the entire episode seemed dubious and that he was a person who had

enough clout to bribe witnesses and hotel staff to further his ends. This decision was despite Mr. Bhisham Singh’s testimony in court stating that Veer had only known Rohini for 2 weeks before marriage and that he was certain that Veer’s

intentions were far from noble.

11. Happy at his stand being vindicated, yet sad because of Rohini’s loss, dejected

Veer decided to fly back to India on the 21st of December 2019. He was arrested by a special detail of the Chandigarh police the moment he landed at the Indira Gandhi International Airport and was taken to Chandigarh for questioning. The

Chandigarh police had been acting on the basis of FIR No. 920 of 2019 under Sections 363, 366, 367, 368, 369, 370, 371 of the Indian Penal Code and also under Section 5, 8 of the Immoral Traffic (Prevention) Act, 1956 that had been registered

at the behest of the girl’s mother, Swapna Singh on December 16, 2019, the day after the Dubai court had acquitted Veer.

12. Veer applied for, and was granted bail conditioned on a bond of Rs. 20, 00, on 29th December 2019. In order to pay for legal defence and other needs, Veer decided to withdraw money from his business account. For this purpose he

approached Rahamat Saeed, a currency broker who also dealt in Bitcoins. He transferred 5000 bitcoins to Rahamat, for which he received Rs. 46,00,000 in cash. As soon as the exchange was made, the Chandigarh police along with the special

team in-charge of economic offences once again arrested Veer and Rahamat for dealing in Bitcoins. According to the police, such an activity was in contravention

of the foreign trade and exchange laws and various RBI regulations and that it also amounted to an offence under the Prevention of Money Laundering Act, among other laws that are in force in India.

LATE LALA DIP CHAND MEMORIAL NATIONAL MOOT COURT COMPETITION

P R E S E N T S

(FEBRUARY 4TH - 7TH, 2021)

RULES AND REGULATIONS

“IST” means Indian Standard Time. “INR” shall refer to Indian National Rupee. “Memorial” means the written arguments submitted by each team, submitted according to these Rules. “Speaker” refers to a participant who presents oral arguments in any given round. “Official Website” means the website of the competition (www.dbranlu.ac.in). “Oral Round” means a team’s pleadings, comprising two speakers, submitted orally in front of arbitrators, acting as adjudicators, on behalf of one of the parties against another team representing the opposing party. “Participant” refers to any member of an institution participating in the competition. “Penalty” refers to the deductions imposed on the memorandum scores of a participating institution.

These are the rules for the Late Lala Dip Chand Memorial National Moot Court Competition, 2021.

The Organizing Committee will have exclusive authority to interpret the rules in the interest of fairness and equality. The interpretation placed upon these rules by the Organizing Committee shall be conclusive and the decision of the Organizing Committee regarding the application of these Rules shall be final.

DEFINITIONS:

LATE LALA DIP CHAND MEMORIAL NATIONAL MOOT COURT COMPETITION

P R E S E N T S

(FEBRUARY 4TH - 7TH, 2021)

RULES AND REGULATIONS

“ Plagiarism ”– If, in the memorandum checker ’ s opinion, there is found to be an instance of plagiarism prevalent in a certain memorandum, the participating team alleged to have committed plagiarism will be asked to show cause by the Organizing Committee. If found guilty of plagiarism, the Organizing Committee may impose any sanction that it may deem fit, including disqualification from the Moot. In instances where the participating team is alleged to have plagiarized from the memorandum of another participating team memorandum, the latter will also be asked to show cause by the Organising Committee. If, in the opinion of the Organizing Committee, the latter has willingly allowed the former to plagiarize from their work, such a participating team shall also be held guilty of plagiarism and sanctioned by the Organizing Committee as they deem fit. The Organizing Committee define plagiarism as including the following:

1. Direct duplication of the work of somebody else ’ s work represented inter alia in books, articles, internet sources without acknowledgement.
2. Substantial duplication of somebody else ’ s work represented inter alia in books, articles, and internet sources without acknowledgement. This would include work where sentences have been substantially copied, that is, where at the least seven continuous words from the original work are present in the impugned memorandum and/or where a segment of the impugned.

LATE LALA DIP CHAND MEMORIAL NATIONAL MOOT COURT COMPETITION

P R E S E N T S

(FEBRUARY 4TH - 7TH, 2021)

RULES AND REGULATIONS

Declaration of Moot Proposition Last date of Registration

Last date to submit clarifications Last date to submit Memorials

Inaugural Ceremony and Orientation Preliminary Rounds

Quarter final and Semi-Final Rounds Final Rounds and Valedictory Ceremony

December 19th, 2020

January 3rd, 2021 January 8th, 2021

January 28th, 2021 February 4th, 2021

February 5th, 2021 February 6th, 2021

February 7th, 2021

Unless specified otherwise, the dates mentioned shall refer to 11:59: PM (Indian Standard Time/IST) on that date. For e.g., the last date for registering is January 3rd, 2021, which shall be interpreted as January 3rd, 2021, 11:59:59 PM (IST).

The Organizing Committee retain the authority to change the deadlines for any individual team, save for the deadline for submission of memoranda. The memorandum submission deadline shall NOT be extended for any individual team.

KEY DATES

LATE LALA DIP CHAND MEMORIAL NATIONAL MOOT COURT COMPETITION

P R E S E N T S

(FEBRUARY 4TH - 7TH, 2021)

RULES AND REGULATIONS

1. STRUCTURE OF THE COMPETITION

The Competition will be structured as per the following format: a. Memorial Selection Round (Conditioned) b. Preliminary Rounds c. Quarter Final Rounds d. Semi Final Rounds e. Final Round

2. LANGUAGE The official language of the competition shall be English only.
3. ELIGIBLITY

• Students pursuing 3 years/5 years undergraduate LL.B. degree course from bonafide college/institution/university across the country are eligible to participate in this competition.
• There is no bar to the maximum no. of teams that can participate from each college/institution/university.

4. TEAM COMPOSITION
   • The team composition, for the competition, shall comprise of either two members (being designated as Speakers) OR three members (two of them shall be designated as Speakers and one Researcher).
   • The teams shall identify the speakers and researcher in the registration form itself. Teams shall not disclose their identity whatsoever, except in the registration form. Such disclosure shall result in disqualification subject to the discretion of the Organizers.
   • There will be no substitution of team member after a team has submitted its Registration form, except with the permission of the organizers.

NOTE: No team shall contradict the composition mentioned above. No faculty member, coach, or a designated observer will be allowed to join the video- conferencing or chat room during the session.

Institution/ University for the moot competition will have to be attached during the online registration process (The approval letter shall be formatted on the letterhead of the participating Institution/College/University). e. Registrations without the scanned copy attached to the registration link mentioned above of the approval letter from the College/Institution/ University or duly attested registration form will not be valid.

f. Payment Details – The Registration Fee for the competition is 500. INR.

Preferred Mode of payment – Online (NEFT/IMPS/RTGS/UPI) Bank Details - Beneficiary Name - DR. B. R. AMBEDKAR NATIONAL LAW UNIVERSITY Name of Bank - HDFC BANK Bank Account No. - 50100156483887 IFS Code - HDFC MICR Code - 003902

Note – The Approval Letter, Receipt of the payment of registration fees and all the particulars should be attached and duly filled, respectively, for the successful registration, in the google form (link mentioned above).

7. PROBLEM CORRECTION AND CLARIFICATION Teams may request for moot problem correction and clarification as per date

given in Key Dates, i.e., January 8th, 2021. Such correction and clarification shall

be sent at mootcourtsociety@dbranlu.ac.in only. No other mode of communication

will be taken into consideration in this regard.

LATE LALA DIP CHAND MEMORIAL NATIONAL MOOT COURT COMPETITION

P R E S E N T S

(FEBRUARY 4TH - 7TH, 2021)

RULES AND REGULATIONS

• If the number of registering participants exceeds 32 in number, then a memorial selection round will take place. Top 32 participating teams with highest memorial marks will proceed to the Preliminary Round of the Competition.
• All memorials submitted for all purposes of the Competition shall strictly adhere to the rules of the competition. Each Team participating in the Competition must prepare one Written submission on behalf of Petitioner/Applicant(s) and one on behalf of the Respondent(s).
• Applicant memorials are required to have a Blue cover and Respondent memorials are required to have a Red cover. The memorials shall not contain any form of identification apart from the team code. If any such identification or mark, symbol, etc. which has the effect of identifying the team is found on the memorial, then it shall result in instant disqualification.
• Only soft copies of memorials shall be submitted in both .pdf and .doc/.docx format latest by 11.59.59 pm on 28th January 2021. Late entries shall be penalized and no memorials shall be accepted after two days from the prescribed date.
• The memorials shall be mailed to mootcourtsociety@dbranlu.ac.in with the subject of the mail being “ Memorial Submission – ‘ Team Code ’”. Example – Subject of mail for memorial submission of Team Code - 01 shall be “ Memorial Submission – 01 ”. In case the subject is not as prescribed, memorials are counted not received; the organizing committee will not be responsible for delay and default. The memorial from both the sides should also be uploaded in the link provided https://docs.google.com/forms/d/e/1FAIpQLSeL7TZg0rVKVePGnY7DE8KZ KviJ7cIlcdYjCsQGWeykGRFeCQ/viewform

Note - The contents of the memorial should not be plagiarized (20% limit) or else it will amount total deduction of memorial marks or disqualification. The decision of the organizers shall be final. The score sheet photos will be emailed to all the teams after the cessation of the competition.

LATE LALA DIP CHAND MEMORIAL NATIONAL MOOT COURT COMPETITION

P R E S E N T S

(FEBRUARY 4TH - 7TH, 2021)

RULES AND REGULATIONS

MEMORIALS

The memorials shall be marked on a scale of 1-100 points each. Award of the points shall be based on the following parameters:

Ø Neatness, legibility, no typographical errors or format errors Ø Logical progression of ideas Ø Effective use of headings to outline arguments Ø Understanding essential legal issues presented Ø Focus on essential (not collateral) issues Ø Clear, concise and unambiguous writing style Ø Forceful and persuasive presentation Ø Integration of facts into legal argument Ø Understanding of strengths and weaknesses of case Ø Discussion of viable alternative arguments Ø Understanding and analysis of authority Ø Proper use of citations and citation form Ø Effective use of authority to support arguments Ø Ability to distinguish adverse cases

The following shall be the judging criteria:

LATE LALA DIP CHAND MEMORIAL NATIONAL MOOT COURT COMPETITION

RULES AND REGULATIONS

MEMORIALS

Knowledge of law and facts Proper and articulate analysis Depth and use of research Organization and presentation Grammar and language Novelty of arguments Clarity of thought and originality

20 marks 15 marks 15 marks 15 marks 10 marks 15 marks 10 marks

P R E S E N T S

(FEBRUARY 4TH - 7TH, 2021)

MARKING CRITERIA FOR MEMORIAL

· Mode of Oral Rounds: The DBRANLU ’ s 1st National Moot Court Competition 2021 will be conducted via GOOGLE MEET App. All teams are requested to download the app beforehand on their devices. The background of the participants during their oral pleadings shall be plain and not contain any symbols, representations or any other material that might be against any of the rules mentioned herewith. · In case, the team comprising of 3 members, where 2 of the members are speakers, and one is the researcher, the researcher shall sit with the speakers during the orals and at no point of time the researcher shall be allowed to speak or address the bench until and unless asked by the judge. · Pleading time can be extended only on the discretion of the judges. The participants shall ensure good internet connection. In case of poor connection, the waiting time shall be only 10 minutes, exceeding this time will lead to disqualification. The organizing committee shall not be responsible for any technical issues that arise from the side of the participants. The same is also to be followed in case the participant does not report on stipulated time with any reason whatsoever.

LATE LALA DIP CHAND MEMORIAL NATIONAL MOOT COURT COMPETITION

RULES AND REGULATIONS

ORAL ROUNDS

Identification of legal principles Use of authorities Appreciation and application of facts Clarity, logic and structure of presentation Response to question Ability to communicate with judges Overall presentation, Poise and Demeanor

15 marks 15 marks 15 marks 20 marks 15 marks 10 marks 10 marks

P R E S E N T S

(FEBRUARY 4TH - 7TH, 2021)

MARKING CRITERIA