2nd Senate Moot Court Competition, 2018

MOOT PROBLEM

State of Bimapur is sovereign country in Atlantic continent. It is one of the prosperous countries
due its wide liberal human rights regime giving flexible power to its citizens, companies and
corporations falling under its control. In year 2015 State of Bimapur, enacted its Companies
Act 2015 hereinafter known as BIMAPUR STATE COMPANIES ACT 2015. Under the
said enactment State of Bimapur, declared several public sector undertaking for wider benefits of
its people as well as to create more jobs and economy based business. Out of several PSUs
(public sector undertaking) common under its 2015 companies act, it created SEAMAN
COMPANY LIMITED. It was company dealing with mining products. Due to its good
performance company earned huge profit for two years which attracted shareholders to invest
more and more. But suddenly due to accounts mismanagement after three years of its operation it
suffered huge loss that led to unemployment and loss to government as result certain units of
mining company started winding off process. State of Bimapur passed an emergency ordinance
2018 which under the Sec 18, curtailed the powers of the share holders right to vote and also
made provision that in case of loss or mismanagement the government can ask director to step
down and can appoint new director unilaterally. Later on it converted ordinance in to Special
Seaman Company act, 2018 in which same provision of the ordinance was made to deal with the
affairs of the Seaman Company also known as Seaman Company (emergency act) 2018. This led
to wide range of disappointment among the share holders. Further the Company Act of Bimapur
was never amended as all the provisions of the Company Act of Bimapur was same and was in
conflict with Seaman Act (emergency act). Later on the company without changing its AOA
entered into memorandum of understanding (contract) with other companies as per the
provisions of STATE OF BIMAPUR COMPANIES ACT 2015. As again after suffering from
loss the other companies cancelled its the contract as they were not aware of provision of special
act. In the meantime government of Bimapur sued all the contracting companies who entered
into agreement to work and supply the products. As dispute aggravated to the extent that it led to
wide range of protest from shareholders, demanding to end and repeal the said emergency act
dealing with the seaman company specially. Later on it was found that some of the share holders
Seaman Company ltd. were also share holders in the other companies who signed memorandum
of understanding( contract) to work and supply products to seaman company ltd. As it was
contended by the government of Bimapur that terms and conditions contract of MOU (
Memorandum of understanding) was already known to share holders of the other companies. All
companies along with their share holders filed the writ petition in the Supreme Court of Bimapur
demanding justice for loss and unemployment caused due to government intervention as
government of Bimapur justified its interventions as act of sovereign power as per the
constitution of State Bimapur.

All the laws of State of Bimapur is similar to Union of India.

GUIDELINES AND RULES OF INTRA LAW SCHOOL MOOT COURT COMPETITIONS

1. Written Submissions/ Memorial

1.1 The cover page of the Memorial for the Petitioner shall be in “Blue” and that of the
Respondent shall be in “Red.”

1.2 The Teams shall not indicate their name or the name of their NAME on the Memorials.
For all communication purposes, the allotted Team Code shall be mentioned AFTER
REGISTRATION.

1.3 The Team Code allotted to all Teams shall be indicated at top right corner of the
Memorial, which will be communicated to them ONLY AFTER BEFORE MOOT
COURT COMITTEE

1.4 All participating Teams must submit a HARD COPY of their Memorials in SPIRAL
BINDING form, for both parties, i.e. PETITIONRS and the RESPONDENTS by 7
OCTOBER 2018 TO MCC

1.5 The written Memorials shall conform to the set standards

1.6 Teams have to submit Memorials for both the parties i.e. the PETITIONERS and
RESPONDENTS before the Hon’ble SUPREME COURT.

1.7 All Memorials must be in English, on A4 size sheets, with space margin of 1’’ on all sides.

1.8 The text font should be Times New Roman, size 12 for the main body, and Times New
Roman, size 10 for the footnotes.

1.9 The main body of the Memorial must be in 1.5 line spacing. The footnotes may be in
single line spacing.

1.10 Memorial shall not exceed 35 pages in all. Arguments shall not exceed 25 pages.

1.11 The Memorial must contain the following:

i Cover page vi Statement of Facts

 ii Table of Contents vii Issues raised
iii Table of Abbreviations viii Summary of Arguments
iv Index of Authorities ix Arguments Advanced/ Pleadings
v Statement of Jurisdiction x Prayer

2. Blue Book mode of citation (19th Edition) must be followed.

S.No. Criteria Marks

Proper inclusion of parties, identification of issues and nature of relief

1. sought 10

2. Knowledge of law & facts 15

3. Application of law to facts 15

4. Analysis and organization 10

5. Appropriate use of Authority/cases 15

6. Proper Citation & Correct Format 10

7. Originality 10

8. General Impression and clarity of thought 10

9. Grammar and style of presentation 5

3 . Preliminary Ro

unds
DRAW OF LOTS ON 11 OCTOBER BY MCC
DISTRIBUTION OF TEAM CODE DATE 8 OCTOBER

3.1 There shall be one Preliminary Rounds on 11 OCTOBER, 2018 and every Team shall
be given the opportunity to argue for either side i.e. the Appellant or the Respondent

3.2 Lots for the Preliminary Rounds shall be drawn by the Moot Court Committee of
JEMTEC SCHOOL OF LAW

3.3 The PETITIONR shall be allotted a total of 20 minutes to speaK. The Respondent shall
be allotted next 20 minutes for arguments. For rebuttal and su-rebuttal each team shall
be allotted 8 minutes. Any extension of time be-yond the specified period shall be
subject to the discretion of the Judges.
 3.4 The division of time to be apportioned between the Speakers at the discretion of the
Team members, subject to a maximum of 8 minutes for one Speaker.

3.5 Before the commencement of the each Round, each Team shall indicate to the ‘Court
Officer’ as to how they wish to apportion their time.

3.6 At the end of the Preliminary Rounds, Top 8 Teams shall qualify for the Quarter
Finals. Top 8 Teams shall be selected on the basis of marks.

3.7 A Team shall be credited with a “Win”, if its total marks in the respective session are
higher than those of its opponent Team.

4. Quarter Finals

4.1 The Quarter Finals will be a Ranking Round and will take place on 11 OCTOBER,
2018. Top 4 Teams with the highest total scores shall qualify for the Semi-Final
Rounds.

4.2 The side to be represented by a Team shall be determined by draw of Lots with the
Teams picking the Lots after the completion of the Preliminary Rounds.

4.3 Refer to point 3.3 for time allotment.

4.4 The apportionment of time between the Speakers shall be at the discretion of the Team
members, subject to a maximum of 12 minutes for one Speaker.

4.5 Before the commencement of the Round, each Team shall indicate to the ‘Court
Officer’ as to how they wish to apportion their time.

5 Semi-Finals

5.1 The Semi-Finals will be held on 12 OCTOBER, 2018. A Team will be credited with a
“Win” in the Semi-Finals if the total marks are higher than those of its opponent
Team.

5.2 The side to be presented by the Team shall be determined by Draw of Lots with the
teams picking the Lots after the completion of Quarter-Final Rounds.

5.3 Each Team shall get a total of 20 minutes to present their case which will include the
time for ‘rebuttal’ and ‘su-rebuttal’.

5.4 The apportionment of time between the Speakers shall be at the discretion of the Team
members, subject to a maximum of 12 minutes for one Speaker.
5.5 Before the commencement of the Round, each Team shall indicate to the ‘Court
Officer’ as to how they wish to apportion their time.
6. Finals

6.1 The Final will be held on 13 0CTOBER, 2018. A Team will be credited with a “Win” in
the Final if its total marks are higher than those of its opponent team.

6.2 Each Team shall get a total of 20 minutes to present their case, which will include
the time for ‘rebuttal’ and ‘su-rebuttal’.

6.3 The division of time to be apportioned between the Speakers is at the discretion of the
Team subject to a maximum of 20 minutes for one Speaker.

6.4 Before the commencement of the Round, each Team shall indicate to the ‘Court
Officer’ as to how they wish to allocate their time.

7. Dress Code

Participants must adhere to the following Dress Code strictly during the Competition.
Ladies: White shirt, Black trousers/skirts, Black tie, Black coat and Black shoes.
Gentlemen: White shirt, Black trousers, Black tie along with Black coat and Black shoes.

Non adherence to the Dress Code shall result in disqualification from the Competition.

8. Evaluation Criteria for Oral Pleadings

S.No Marking Criteria

1. Knowledge of facts and evidence on record

Articulation of issues; knowledge of law and its interpretation and

2. application

3. Skill of advocacy, persuasiveness and response to questions

4. Use of authorities
5. General Impression and Court Etiquette