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cor,,1MON INDUCTION MOOT COURT COMPETITION

September 8, 2012

5ATLJr<.~AY

FACTS O~FTH.E CASE

wished to see his daughter Monika highly educated and employed in
Government Service and was particular that his daughter should marry a suitable
highly educated person well settled in life. Monika was a very beautiful girl of 20
years. ML Kumar was approached by Mr. Mehta, the father of Amit, who persuaded
him tn marry Monika to Amit. Mr. Menta told Mr. Kumar that his son was a graduate.
Believing all this, Mr. Kumar married his daughter to Amit. Before this marriage, it
'has settled by Mr. Kumar with 1\1r. Mehta and Amit that even after the marriage
Monika would continue to pursue her studies and lake up employment as a teacher.
Accordingly, Monika continued her studies. Later Mr. Kumar got her employed as a
teacher in DSK School which was nearer to her parents' house and away from her
. matrimonial home and so she started living at her parental home. ButMonika used iu
visit her matrimonial home occasionally to be in the company of her husband. At the
same time Amit persistently demanded that Mrnika should give up her employment at
DSK School and start residing permanently in her matrimonial home. Monika refused
to do so despite such repeated demands. Amit wrote several letters to Monika urging
11<:.:1' to give up her adamant attitude but to no avail. Subsequently, Amit wrote a strong
letter asking Monika to come immediately. On receipt of the letter, Monika came to
her matrimonial home. That day Amit forced her to write a resignation letter and he
sent it to the manager of the School. The next day, Monika wrote another letter to tht
manager, without the knowledge of Amit, requesting him not to act upon r:K
resignation letter which was written under force and compulsion.
1\,11'.Kumar

Monika lived with Amit for nearly 3 months. During this period, she came to L::Gv.
that Amit was addicted to drinking. Monika objected to this habit hut in vain :y!<t
and Monika used to quarreJ with each other on this matter. To her horror. she lcarrn
from her neighbour that Amit was having an affair with a lady in his office. Monika
confronted Arnit about the affair which led .0 a violent quarrel. -orhei1'relationship

became much strained. Monika wrote ajlettei' to her father to this effect. She wrote
another letter to one of her friends narrating hov- she had become a victim of dowry
harassment. She accused her husband and in laws in this regard.
The next day, a postman gave Amit a letter which was addressed to Monika. AmiI
openeditand came to know that her resignation was not accepted. Laxman, the author
of the letter, asked Monika to come and join dutv as early as possible and that he
eagerly looked forward to seeing her. Arnit got suspicious because of the language
used in the letter and asked Monika about Laxnan. Monika renlied that Laxman was a
close friend of her father through whom j~f;, father got her the employment in the
school. Unsatisfied with the answer, Amit sent a friend to find out more about
Laxman. The friend reported that Laxman was a handsome young man employed in
.he same school and was on very friendly terms with Monika. ~\~ili:confronted
.vlonika with these facts and she admitted that she had lied earlier and that Laxman
was a eo-teacher but nothing more. That day. Amit came home late In the night, fully
drunk ~3J!d beat up Monika. Her cries were heard by some neighbours.

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fJ-lOTO CbP /~

COMMON INDUCTION MOOT COURT COMPETITION

September

8, 2012

Next morning Amit, Monika and Mr. Mehta, were in the house.jlvlr. Mehta heard
Monika crying out: "I am dead, I am dead". Mr ..Mehta rushed to the kitchen and saw
Amit standing there not knowing what to do and Monika lying on the floor.Mr.
Mehta saw a bottle containing Baygon, an insecticide lying next to Monika. Mr.
Mehta immediately administered saline water to Monika to induce vomiting. Monika
was taken to the hospital. The doctor found her alright and discharged her the same
evening. On the same day, around 9:30 P.M, the neighbours heard the cry of Monika
from the house of Mr. Mehta. They also heard Monika saying: "Help me, Save me".
She was rushed to the hospital in a taxi. On the way, in the presence of a neighbour
and the taxi driver, she said that Amit caught hold of her, Mr. Mehta poured kerosene
on her clothes set fire to it. Doctor found 80% bums and Monika succumbed to the
burn injuries after 2 hours.
Police investigation revealed that:
1.
2.
3.
4.

There was no kerosene stove in the house.

A partly burnt blanket was found in the kitchen which smelt of kerosene.
There were burn injuries on both hands ofMr. Mehta.
The police recovered a pullover of which the foreann portion of the sleeves
was found soaked with kerosene.
5, An eye witness claimed to have seen Amit at 8:30 P.M. in a brawl outside a bar
at about an hour's distance from his house.
6. The neighbour and the taxi driver made a statement to the police that they
heard Monika saying on the way to the hospital that Amit and Mr. Mehta di-,
this horrible thing to her. However, in Court, neighbourstuck to the statement
he'd given to the po-licewhile-the taxidriverdenied giving such a statement.

Police arrested Amit and Mr. Mehta on the charge of murdering Monika by setting her
on fire under S. 302 read with S. 34 of Indian Penal Code. All the three accused
pleaded not guilty. However they were convicted by the Sessions Court and sentenced
to lift: imprisonment. They preferred an appeal against the conviction and the
sentence.
THE PARTIES ARE FREE TO FRAME THEIR OWN ISSUES AND ARGUE
ElTHER FROM THE SIDE OF THE APPELLANTS OR THE RESPONDENT.
,,-

...

Best Wishes

(Mrs. Anju Sinna)

Teacher - in - Charge
Mo01 Court Society, CLC.
2

RULES FOR THE COMMON

INDUCTION

September

MOOT - 2012

8,2012

A. REGISTRATION
iI

Latest by 1:30 p.m. of Wednesday,

Send your Name, Roll no., Year, Section,

Appellant / Respondent

5th September,

2012.

Phone number,

to mootcourtsocietv.clc({i)wnaiJ.com.

"CIM REGISTRATION".

the side you are arguing

The subject

from -

of the mail should

be

Extensions or delays will NOT be entertained.

B. RULES AND REGULATIONS

1. LANGUAGE: The language of the competition shall be English.
2.

ELlGIBIL TY: The competition

is open to all the students of Campus Law Centre who are currently

pursuing their 3 year L.L.B. Program.

3.

TEAM COMPOSITlON:

4.

MEMORIAL:

The

There shall be no teams. THIS IS AN INDIVIDUAL

following

requirements

for memorials

must

be

COMPETITION.

strictly

followed.

Non-

conformities will be penalized:

Q

The memorial should be either on behalf of the Appellant

or on behalf of the Respondent

but

NOT both.

The

final

memorial

must

mootcourtsocietv.clceiizmail.com.

be

ernailed

September

the

Moot

The subject of the mail must be "CIM

copy of the same must be submitted to MS

7th

to

S HA

KA

COUl1

Society

Memorial".

at

One hard

in the office latest by 1:30 pm en

2012.

The soft copy of the memorial must be in MS WORD(.doc!.docx)

only

Once the memorials are submitted, no amendments to the same shall be allowed.

The memorials must be

11

On A4 Size Paper
Main body text: Times New Roman Font, Sin 12, 1.5 line spacing

Footnotes text: Times New Roman Font, Size 10, J.O line spacing

A margin measuring an inch on all sides of each page.

Page numbering should be at the bottom centre of each page.
The memorials should be spiral bound.

The memorials must not mention your persor ai details. The details must be attached in the
form of a separate detachable sheet on the tor..

11

The memorial must necessarily contain ( and be restricted to) the following sections:
I.
11.

Table of Contents One Page

Index of Authorities

III.

Statement of Jurisdiction One Page

IV.

Statement of Facts One Page

Statement of Issues One Page

1

RULES FOR THE COMMON

INDUCTION

MOOT - 2012

September 8, 2012
VI.

Summary of Arguments One Page

VIl.

Arguments Advanced (not more than 10 pages)

VBI.

Prayer One Page

No additional

facts may be incorporated

or relied upon other than those stated in the

Problem Statement.

For the memorials, use The Harvard Blue Book Style of footnoting as far as practicable. In
any case, footnoting styles must be consistent.

The cover Page of the Memorials

FOR THE RESPO

and.Rli.D

DE T.

The cover page of the memorial must state the following:

I.

COMMO

11.

TNDUCTIO

fv100T2012,

CAMPUS LAW CENTRE

The name and place of the Court

Ill.

The cause title

IV.

Memorial filed on Behalf of

V.

must be BLUE FOR THE APPELLANT

Counsel appearing on Behalf of

SCORING OF WRITTEN SUBMISSIONS

(MEMORIALS)

The criteria for making the memorials are:

I.

Application and appreciation of facts (5 points)

11.

Identification and presentation of issues (~points)

i11.

~PRlicatioJ1_ofJegal principles. use of authorities & precedents (1

IV.

Logical structuring, Grammar & Style (5 points)

V.

5.

e pcinrs)

Formatting (5 points)

ORAL ROUNDS:
Each Participant shall get a total of 15 minutes

(0

present their case. The oral arguments

should be confined to the issues presented in the memorials.

SCORING OF ORAL ARGUEMENTS:

... -.

The criteria for making the oral arguments are:

I.

Application and appreciation of facts (15 points)

11.

Understanding of Law and Procedure (15 points)

Ill.

Use of Authorities and precedents ( 10 points)

IV.

Response to questions and articulations ( 15 points)

V.

Advocacy skill?:, 'Court Craft and Demeanour (15 points)

The decision of the judges and organisers is final. Any clarifications for the competition to be sought

at: mootcourtsocierv.clcfeamail.com

. :~,