1st National Moot court Competition

1st National Moot Court Competition, 2018

2nd & 3rd May, 2019

HISTORY The family of the Founder and Chancellor Mr. Harshavardhan Neotia were copromoters of the cement giant, Ambuja Cement Ltd. Ambuja Neotia is one of the most prominent and respected corporate house headquartered in Kolkata with its forte in real estate, hospitality, healthcare and education. The group, under the stewardship of Mr. Harshavardhan Neotia has been responsible for landmark projects in and around Kolkata. Ambuja Neotia Group, with a strong sense of social commitment, extends its capabilities towards the development of education.

The Neotia family started its journey in education with Neotia Institute of Technology, Management and Science (NITMAS), previously known as Institute of Technology and Marine Engineering (ITME), a college established in 2002, affiliated to the then West Bengal University of Technology, which is now known as Maulana Abul Kalam Azad University of Technology (MAKAUT). The Neotia University (TNU) was established vide the West Bengal State Government Act XXIII of 2014. Though TNU is relatively new in its present configuration, it has its antecedents in the 17 years old institution.

TNU is one of the few higher education institutions in India that has implemented Choice Based Credit System (CBCS), a well thought out and executed CBCS that help students to develop both the left and right parts of the brain, which is essential for professional excellence and personal satisfaction.

Vision & Mission VISION:- Imparting education that prepares students to be leaders for the emerging global society. MISSION:- To ensure industry participation to make the education contemporary and experiential. Design and deliver educational programs to help the work force stay current in terms of knowledge and skills for career advancement.

School of Legal Studies, The Neotia University

D.H.Road, 24 Parganas (South) Sarisa, West Bengal- 743363 www.tnu.in

School of Legal Studies The Goal of the School of Legal Studies is to educate students of diverse backgrounds to become effective, ethical and professionals who are employable in a variety of legal fields. The five cornerstones to achieving this goal are: Knowledge of law, Practical application, Analytical ability, Effective communication, Technology literacy. The Faculty, in furtherance of the University mission, strives to help students build a framework for life that is ethical, service-oriented and appreciative of diversity and committed to continuing education. In addition to the major in Legal Studies, students receive a well-rounded general education with exposure to the traditional liberal arts fields of study, in order to develop their abilities to communicate, both orally and in wring, to think critically and creatively, and to access, analyse, synthesize, and evaluate information. The learning objectives of the Faculty are that students will:

1. Learn the law and legal principles in a variety of subject areas as well as understand

legal procedures and practices. 2. Recognize and apply the ethical rules and standards of conduct involved in the pracce

of law and to be observed by paralegals. 3. Analyse legal problems, correctly applying the applicable law. 4. Research Case and Statutory Law, using traditional and technological methods. 5. Function effectively with the computer technology used in practice and be prepared to

adapt to ever-changing technological advances. 6. Draft Legal documents, including leers, using proper English, format, and clarity. 7. Display effective oral communication skills to be used with clients, attorneys,

witnesses and other persons. 8. Be knowledgeable about the role and qualifications of the paralegal including the necessity of continuing legal education and staying abreast of changes and advancements in the career. 9. Develop organizational skills necessary for successful law office functioning, including categorizing and organizing documents, calendaring, prioritizing work, managing me, using forms, and maintaining billing data. 10. 10. Gain Basic skills in factual investigation and interviewing.

RULE BOOK FOR THE MOOT COURT COMPETITION THE NEOTIA UNIVERSITY, 1ST National Moot Court Competition

1. Venue and Date – The Neotia University, Kolkata 1st National Moot Court Competition shall be held on 2nd & 3rd May, 2019 at The Neotia University, Kolkata, D.H.Road, 24 Parganas (South) Sarisa West Bengal- 743363
2. Language – The Competition shall be in English. 3. Eligibility- The Competition is open only for law students. Participants should be

currently pursuing their bachelor’s degree in law (3year/5year Courses). 4. Team Composition – 1) Each team shall consist of 3 members. This number cannot be

modified under any circumstances. 2) There can be only 2 speakers 5. and 1 researcher designated in each team. Teams shall identify such speakers and researcher during registration. 3) Each team will have a Team Code. Teams shall not disclose their identity or that of their institution or city, etc; such disclosure shall invite penalties including disqualification. The decision for the same shall be at the sole discretion of The Neotia University. 6. Food and Accommodation – Accommodation is free of charges, food coupon are

available in the canteen which is chargeable. 7. Travel Plan – Participant shall send scanned copy of Travel Plan by email to snklp.law@gmail.com and the soft Yb Principal of the concerned school shall be sent in soft copy by 30th April, 2019 and the same should be carried on 2nd May, 2019 2) The Participating team for the Competition shall duly fill the Registration Form provided and send it along with the Registration fees of Rs. 900/-

Submit Registration Fees by 1st May 2019

Payment Will be in Account Details IFSC- CNRB0004983 Accout No-4983101000778

CANARA BANK Subham Das Mahapatra

3) The Registr ation fees shall be non-refundable. 4) Any change in the team composition in terms of members participating can be made only by prior information to the organizers. 8. Memorials –

I) The following requirements for memorials must be strictly followed. Non

Conformities will not be accepted. II) Each team must prepare memorials for both the sides to the dispute. Once the memorials have been submitted, no revisions, supplements, or additions will be allowed. III) In addition three (3) hard copies of each of the memorials for both sides must be submitted to The Neotia University, Kolkata on 2nd May, 2019. The

memorials have to be submitted on typed A4 size paper printed on one side and must contain following:

Cover Page
Table of Contents
Table of Abbreviations
Index of Authorities
Statement of Jurisdiction
Statement of Facts
Statement of Issues Raised
Summary of Arguments
Arguments Advanced/ Pleadings
Prayers

Note: Uniform Rule of citation should be followed.

Arguments must not exceed 15(fifteen) pages
The text font should be Times New Roman; main body font size should be 12 with 1.5 line spacing and for footnotes font size should be 10 with single line spacing. Memorials must have a one inch margin on all sides of each page. Page numbering should be at the boom middle of each page.
Memorials should be spirally bound.
Paper Covers must be placed on briefs as follows:
Petitioner/Applicant: Light Blue Colour
Respondent: Light Red Colour The cover page of the memorial must state the following:
The Clause Title
Identify as Petitioner/ Respondent
Identity of the Institution shall not be revealed anywhere in the memorial. Instead code numbers allotted to the participants should be mentioned. Violation of this provision shall result in penalties including disqualification. The decision of the University shall be final. Team code shall be allotted by University after the registration. • The team code shall be communicated to the participants through mail or phone. The participants shall in return acknowledge the receipt of team code.

9. Rounds A. Preliminary Rounds: a) Each team will get a total of 10 minutes to present their case. The time includes

questioning by judges. b) Passing of notes to the speakers by the researcher during the rounds is allowed. B. Quarter-Final Round

Each team will get a total of 16 minutes to present their case. The time includes questioning by judges.
The division of time is at the discretion of the team members, subject to a maximum of 7 minutes per speaker. Division of time should be informed to the Court Assistants/Clerks before the beginning of the rounds.
Passing of notes to the speakers by the researcher during the rounds is allowed. C. Semi-Final Round
Each team will get a total of 30 minutes to present their case. The time includes questioning by judges.
The division of time is at discretion of the team members, subject to a maximum of 14 minutes per speaker. Division of time should be informed to the Court Assistants/Clerks before the beginning of the rounds.
Passing of notes to the speakers by the researcher during the round is allowed.

Final Round a) In the final round each team will get 30 minutes to present the side allowed to them

by draw of lots including me for rebuttal. b) b) The time division is subject to a maximum of 18 minutes per Speaker. Division of time should be informed to the Court Assistants/Clerks before the beginning of the round. c) c) In both rounds passing of notes by Researcher to the Speaker is allowed. 10. Scouting

Teams will not be allowed to observe the orals of any other teams. Scouting in all forms is strictly prohibited. Scouting by any of the teams will result in disqualification.
The researchers shall sit with the speakers at the time of the orals and shall not attend the court sessions of any other team participating in the competition. 11. Scoring Criteria (out of 100): For Final Round the marks shall be given as per following criteria: › Application of Law relevant to the case- 20 › Advocacy of Law relevant to the case- 15 › Court etiquettes- 10 › Answers to court questions- 15 › Interpretation of and use of Facts- 10 › Research relevant to the case- 10 › Time Adherence- 10 › Overall Performance- 10 Total 100 Written Submission (Memorials)
Any revisions, supplements or additions to the memorial after submission shall not be allowed.
A total of 100 points will be awarded for each of the memorials Parameters for marking memorials shall be:
Logical Progression of ideas.
Originality in analysis and Arguments
Understanding essential legal issues presented.
Clear, Concise and Unambiguous wring style.
Forceful and persuasive presentation.
Integration of facts into legal argument.
Understanding and analysis of authority.
Proper use of citations and citation form.
Effective use of authority to support arguments.
Neatness, legibility, no typographic or format errors. On considering the total marks of each team if there is a tie between two or more teams then a team having greater marks in preliminary round shall be declared as winner of the competition. 12. Results: The results will be announced within thirty minutes after the Preliminary Round. The final results and the winners will be announced during valedictory ceremony. The decision of the judges on the performance of the participants shall be final and binding on all the participants. 13. Announcement of Results: The results of the Preliminary rounds and Quarter- final shall be announced shortly after the rounds the on May 2nd 2019. The results of the Semi- final round will be announced shortly after the rounds on 3rd May 2019. The winners of the Competition will be announced during the awards ceremony on 3rd May 2019. 14. Prizes:
Winning Team Rs. 1500/-
Runner up Rs. 1000/-
Best Speaker Rs. 500/-
Best Memorial Award Rs. 500/-
Best Researcher Rs.500/- Along with the awards the winners shall get Certificate of Merit and every participant will be given participation Certificate. Certificate shall be given only after the valedictory function and for no reason prior to it. Under any circumstances the Certificate or Awards will not be couriered. 15. Anonymity –
Student Counsel may introduce him/herself to the Court in the usual manner and may also state their names. However, the team’s institution/affiliation may not be mentioned at any me before the awards ceremony. • Further, all team members, coaches, advisors, and observers shall refrain from identification of teams at any me and in any manner, including, but not limited to, wearing any identifying items, such as badges, blazers, or pins or carrying identifying material (such as logo or seal). 16. Dress Code: The dress code for participants shall be as prescribed by the Bar Council of India. 17. Orientation & Draw of lots: The Orientation & Draw of Lots shall be conducted on 2nd May, 2019 at the University premises & exchange of memorials will take place in the same. 18. Miscellaneous: i. University with regard to the interpretation of these rules or any other matter related to the decision of the Competition will be final and binding and the university reserves sole discretion to make any changes thereto.

If there is any situation which is not contemplated in the rules, the University decision on the same shall be final and binding. iii. The University reserves the right to vary, alter, modify or repeal any of the above rules without any prior notification, if so required and as it may deem appropriate. iv. We have limited registration.

Notwithstanding anything stated in these rules, the Competition is the responsibility of university and they shall not be legally or otherwise liable or responsible for any matter or dispute arising outside the Competition. All facts in the moot problem are fictitious and any incident or person, if any, is not intended, but merely co-incidental and should be relied as it is. For any queries participants are welcome to call: Prof. Amit Ghosh– 8777096948, 9874532650 Incharge of School of Legal Studies, The Neotia University

MOOT PREPOSITION

ABC, a company engaged in designing online games have created a game entitled ‘ kik kok’ which is to be played on mobile phones. The game being challenging in nature, caught immediate attention of the users especially children and youngsters. It became a big hit and popular among the people throughout the world including ‘Indica’. The mode of playing the game is- the user has to download the game from app store. He is required to agree to the terms and conditions of the game. One of such terms and conditions of the game is that the user has to be above the age of 18 years to register and play the game. Once agreed to the terms and conditions, he is required to register for the game by providing his personal details. Once registered, he is provided with one administrator whose shall then observe the given tasks performed by the player. The game consists of 50 levels. On each level, the difficulty level increases. In the beginning, some simple tasks are assigned to be performed by the player which shall be verified by the administrator. In order to verify such performance, the player has to leave some mark and upload the video of the same. As the game become more and more challenging, the player gets addicted to it and as a result the last level of the administrator demands the player to commit suicide after drawing an image of kik kok on his hand. The game became so popular among the youth that even it penetrated into the schools wherein few school going children around the age 10-12 were found committing suicide by embossing a logo of kik kok on their hand. The ‘State of Pride’ identifying it as a threat to the life of children and abusive of life have issued notice to the company ABC for withdrawing its game from online portal to which the company responded that they will not withdraw the game as such it do fall within the six golden freedoms as guaranteed by the constitution. The company replied to the notice that the object of the game is to make the user more firm and competent at their decision. The reply consists of a statement that ‘there is no abatement to suicide as such as the task given was supposed to be individual competence and observance and one must understand whether to commit suicide on once provocation or not’. Moreover the reply consisted on allegations on the state that so many persons have committed suicide for various reasons either by hanging to a tree or fan or poisoning even many of the times brides are burnt by gas explosion. The reply further alleges that the government did nothing to prevent these activities by adopting a mechanism and thus this notice is violative of their fundamental right guaranteed by the Constitution of Indica under Art. 14, 19(1)(a) and 19 (1)(g) read with Art. 21. The State of Pride after due deliberation have registered a crime under Sec. 306 and Sec. 120B of IPC against the company for abatement of suicide by conspirating with the administrators, imposed a ban on the game throughout the country U/S 69-A of Information Technology Act- 2000 Aggrieved by this decision, the company have moved a petition under Art. 32 of the constitution claiming violation of their rights under Art. 14, 19(1)(a) and 19 (1)(g) read with Art. 21. and for quashing the FIR contending that before this event there were few more games like- ‘ Packman Go’, of the similar nature which were banned by the government. But no criminal case was registered against them. Petitioner also contended that, the state has not given them an opportunity of hearing while imposing ban on their application. Thus, it violated fundamental rights of the petitioner.

The matter is admitted by the Supreme Court and is now kept for final hearing upon the following issues: 1) Whether the petitioner has committed any offence under sec. 306 and 120B of IPC? 2) Whether the State of Pride has violated the rights of petitioner enshrined under Art. 14, 19(1)(a) and 19 (1)(g) read with Art. 21? 3) Whether imposing ban on the application “kik kok” u/s 69A of information Technology Act is constitutionally valid?

Note: Arguments should be strictly limited up to the issues framed. The Laws of Indica are Mutatis Mutandis to the Law of India.

For further clarification : Faculty Coordinator:

Prof. Paromita Dhar Chakroborty: 94329 60960 2. Prof. Sheeba Khalid: 6290 098251 Student Coordinator:
Subham das Mahapatra: 7586 806344 2. Shiwangi Singh: 9631 024659 3. Kunal Kumar: 7667 573150

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