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Dbranlu National Moot Court Competition Brochure
Dbranlu National Moot Court Competition Brochure
Dbranlu National Moot Court Competition Brochure
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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 COMPETITON, 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 IDENTITTY, FEELINGS OF ANY INDIVIDUAL, ENTITY, STATE, COMMUNITY OR
RELIGION. ANY RESEMBLANCE TO ANY INCIDENT OR PERSON IS NOT INTENDED BUT MERELY A
COINCIDENCE.
MOOT PROPOSITION
1. The Union of Indiana (hereinafter Indiana) is an independent country of Asia. This country
consists of 28 States and 9 Union Territories. It has a written Constitution and a federal
government system with strong centralizing tendency. The Constitution of Indiana
guarantees certain Fundamental Rights like Protection of Life and Personal Liberty under
Article 21. The Constitution of Indiana encompasses a duty on the state through Article
48A that the state shall endeavor to protect and improve the environment and to safeguard
the forests and wild life of Indiana. The Constitution of Indiana imposes duty on every
citizen to protect and improve the natural environment including forests, lakes, rivers, and
wildlife under Article 51A(g).
2. The provisions of the Constitution of Indiana are supplemented by various special laws to
prevent the air pollution. The Factories Act, 1948;Air (Prevention and Control of
Pollution) Act, 1981;The Air (Prevention and Control of Pollution) Rules,1982;The
Atomic Energy Act, 1982 and The Motor Vehicles Act, 1988.
1st DBRANLU NATIONAL MOOT COURT COMPETITION 2020
3. The earth belongs to all of us i.e. human beings, animals, plants and others. Environment
protection is need of the hour for the whole world. To create a cleaner and greener earth
should be the first priority of human beings.
4. Delta is one of the 9 Union Territories of Indiana. Delta is also the capital of Indiana.
i. A research conducted by World Health Organisation (WHO) has shown that Delta
has become the most polluted city of the World.
ii. The monitoring stations of Delta Government reported an Air Quality Index of 950,
which is way above the upper limit of the worst category and concludes the air
quality hazardous for the people breathing in Delta.
iii. “Living in Delta is said to be equal to smoking twenty plus cigarettes every single
day”: Central Pollution Control Board
iv. “The air pollution in Delta claims the lives of more than 1000 people every year.
Winter season is especially bad in Delta and shows an increase in air pollution
induced illness”: All Indiana Medical Science (AIMS) -Delta.
v. “There were 2.5 million reported cases of acute respiratory infection nationwide last
year, which is 40 percent increase since 2015”: National Health Profile of Indiana,
2018 Report.
5. On 10th January, 2013 a girl was born in Sharma family at Delta Government Hospital. Mr.
Prakash Sharma named her “SRISHTI”. She was born as a healthy baby without any
complications.
6. Srishti used to get sick very often and the parents took her hospital on regular basis in initial
3 years. The Doctors of All Indiana Medical Science (AIMS) of Delta concluded the
medical report of Srishti that “The lungs of the baby are not used to the polluted air of
Delta and it is advisable to move out of Delta”
7. The doctor’s team of AIMS-Delta declared the lungs of Srishti damaged due to the
continuous exposure of air pollution since birth on 20th January,2018. The doctor’s team
gave assurance to the parents that the disease is curable but an expensive medical procedure
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1st DBRANLU NATIONAL MOOT COURT COMPETITION 2020
needs to be followed. The cost of the whole medical procedure to save the life of Srishti is
of approx1.5 crores rupees.
8. A research done by the WHO shows the main reasons of air pollution in Delta are:
i. Factories in and on the outskirts of Delta contributes 30% of air pollution in Delta.
ii. Vehicular emissions contribute to 40% of air pollution in Delta.
iii. Deforestation and high Population Density contributes to 15% air pollution in Delta.
iv. Burning of paddy fields in Puncaira and Haryonko contributes to 10% air pollution
in Delta. Puncaira and Haryanko are the adjacent states to Delta.
v. The other 5% is because of geographical position of the Delta, the winter season and
other minor factors.
9. Measures taken by Government of Delta to prevent air pollution in Delta:
i. Odd-Even Policy on vehicles.
ii. Enhance parking fees by four times.
iii. Temporary ban on entry of trucks in Delta.
iv. Temporary ban on civil construction.
v. Schools to be closed, when the air quality is above hazardous.
vi. Delta-Metro announces more trips.
10. Measures taken by Central Government of Indiana to prevent air pollution in Delta:
i. The Principal Secretary to Prime Minister of Indiana holds a meeting to discuss the
issue of deteriorating air pollution in Delta.
ii. The senior officials from the states of Puncaira, Haryanko and Delta joined the
meeting through video conferencing.
iii. Chief Secretaries of Puncaira, Haryanko and Delta have been asked to monitor the
situation in their respective states round the clock.
11. Measures taken by Government of Puncaira and Government of Haryanko to prevent air
pollution in Delta:
1st DBRANLU NATIONAL MOOT COURT COMPETITION 2020
i. By the efforts of the governments about 20% reduction in burning events has been
observed in 2019 as compared to 2018 and 2017.
ii. State Governments has given subsidy to procure machines to remove straws post-
harvest.
iii. The Pollution Control Board of the concerned state government will take action
against the farmers, who violate the rules against burning of waste. The penalty will
be of Rs.5,000 for one acres of land.
12. Polluter Pays Principle is a well recognised and most celebrated principle of environmental
laws. The Polluter Pays Principle means that liability will be imposed on that person, who
pollutes the environment to compensate for the damage caused and return the environment
to its original state irrespective of the intent. The Indiana Judiciary has incorporated this
concept in various landmark judgments of environmental law.
13. Mr. Prakash Sharma, who is a renowned advocate in Delta, filed a suit against Government
of Delta, Central Government of Indiana, State Government of Puncaira and State
Government of Haryanko in Karkonda District Court of Delta. The relief claimed was of
rupees 1.5 crores.
14. Karkonda District Court of Delta held the case in favour of Mr. Prakash Sharma.
15. Government of Delta, Central Government of Indiana, State Government of Puncaira and
State Government of Haryanko being the aggrieved partiesmoved to the Delta High Court
against the decision of Karkonda District Court of Delta.
16. Delta High Courtoverturned the decision of Karkonda District Court of Delta and held that
it is not the responsibility of the government to meet the costs involved in either prevention
of environmental damage or in carrying out remedial action, because the effect of this
would be to shift the financial burden of the pollution incident to the taxpayer.
17. Mr. Prakash Sharma appealed in the Supreme Court of Indiana against the decision of Delta
High Court.
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Note:
• Arguments should be strictly limited up to the issues framed.
• The laws, reports, data and statistics of Indiana are Pari Materia with the laws of India.
• All the characters, events, names, places used in this Moot proposition are purely fictitious
and having no resemblance with any living or non-living person or property, and have been
framed only for the purpose of this Moot Court Competition. If it seems to be in
resemblance that shall be construed as a mere coincidence.
These are the rules for the 1st National Moot Court Competition-DBRANLU.
The administrators will have exclusive authority to interpret the rules in the interest of fairness
and equality. The interpretation placed upon these rules by the administrators shall be
conclusive and the decision of the administrators regarding the application of these Rules shall
be final.
DEFINITIONS:
“IST” means Indian Standard Time.
“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.
“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.
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.
“Preliminary Rounds” means the oral rounds which take place before the advanced round, as
for the purpose of determining which teams qualify for the advanced rounds.
“Problem” means the official hypothetical Case- Study of the Competition released by the
administrators.
“Rebuttals” refer to the arguments presented by the Claimant in response to the Respondent’s
submissions at the end of the main pleadings of all the speakers.
“Respondent” means the side that argues on behalf of the Respondent at any given point in the
competition.
“Scouting” means a person observing the Oral Rounds of a team other than the team such
person is associated with.
“Team Code” refers to the code allocated to a participating institution by the administrator after
completion of the Registration.
“Advanced Round” means the Final Round and the Semi-Final Rounds of the Competition.
1st DBRANLU NATIONAL MOOT COURT COMPETITION 2020
KEY DATES
• Declaration of Moot Proposition 2nd February 2020
• Last date of Registration 30th January 2020
• Last date to submit clarifications 8th February 2020
• Last date to submit Memorials 15th March 2020
• Orientation and Team Registration 19-20 March 2020
• Preliminary and Quarter final Round 20-21 March 2020
• Advanced Round 22nd March 2020
• Closing Ceremony 22nd March 2020
Unless specified otherwise, the dates mentioned shall refer to 11:59:59 PM (Indian Standard
Time/IST) on that date. For e.g., the last date for registering is January 30, 2020, which shall be
interpreted as January 30, 2020, 11:59:59 PM (IST)
The administrators 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.
a. Preliminary Rounds
b. Quarter Final Rounds
c. Semi Final Rounds
d. Final Round
2. LANGUAGE
The official language of the competition shall be English only.
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3. ELIGIBLITY
• Students pursuing 3 years/ 5 years undergraduate LL.B. degree course are eligible to
participate in this competition.
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).
5. DRESS CODE
The participants shall adhere to following dress code when present in any court room
during the Competition.
a. Girls: White Salwar and Kurta or white shirt and black trousers along with black coat
and black shoes.
b. Boys: White shirt, black trousers and black tie along with black coat and black shoes.
Note: The participating teams shall also adhere to the above mentioned dress code while
attending the inaugural and valedictory ceremonies of the Competition.
2. The registration would be on the basis of first come first basis and total of 32 teams will
be registered for the competition.
5. Registrations without the scanned copy of the approval letter from the
College/Institution/ University or duly attested registration form will not be valid.
6. Soft Copy of the Registration particulars, Approval letter and Receipt of the scanned
and hard copy of Demand Draft of Rs.5,000/- (with accommodation) and Rs.3,500/-
(without accommodation) drawn in favour of ACCOUNT INFO shall be sent via e-mail to
mootcourtsociety@dbranlu.ac.in with the subject line 1st NATIONAL MOOT
REGISTRATION latest by 30th January 2020. The participants are also required to send the
hard copy of the approval/registration letter and the demand draft to Moot Court Society
Convenor, Dr. B.R. Ambedkar National Law University, Camp Office, SBIT, Village-Pallri,
Meerut Road, Bahalgarh, Sonipat, Haryana - 131001 so as to reach on or before 30th
January 2020. DR. B.R. AMBEDKAR NATIONAL LAW UNIVERSITY, SONIPAT (Established by
the Haryana State Legislature Act No. 15 of 2012)
7. MEMORIALS
• 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). Further each team has to submit 3 hard copies of their written
submissions from each side. Non-compliance will entail a penalty of 1 point per copy not
submitted.
• 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
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1st DBRANLU NATIONAL MOOT COURT COMPETITION 2020
i. Cover Page – The cover page shall contain the Case Title, Side of the Memorial,
Year of Competition, Name of the Court and Team Code on top right corner.
v. Statement of Jurisdiction
x. Prayer
2. Team Code: The team code must be ascribed on the top right corner of the cover page.
vi. The Hard Copies of the Memorial shall be printed on only one side.
vii. The citation should be in compliance with the 20th edition of Bluebook.
The match up of teams in Preliminary Rounds shall be determined on the basis of draw of lots.
Draw of lots and Memorial Exchange shall take place on March 20, 2020 after the Inaugural
Ceremony.
b. Preliminary Rounds
• The preliminary rounds will be held on March 20- 21, 2020. The Preliminary rounds shall
comprise of two Rounds of oral arguments subject to the allotment of team codes. In the
preliminary rounds, each team shall have to argue twice, once as a petitioner and the other as
a respondent.
• Each team will get a total of 30 minutes to present their case. This time will include rebuttal
and sur-rebuttal time (if permitted by the judge(s)). The division of time per speaker is left to
the discretion of the team subject with a minimum of 10 minutes per speaker and not more
than 15 minutes per speaker. Rebuttals can be assigned a time period of not more than 2
minutes.
• The oral arguments should be confined to the issues presented in the memorial. The
researcher may sit with the speakers during the oral rounds. Maximum scores for the oral
rounds shall be 100 points per speaker per judge. The speakers can provide the copies of the
compendium, only if the same is permitted by the panel of judges in their respective court
rooms. No two Teams will argue against each other more than once in the Preliminary Rounds.
MARKING CRITERIA
Identification of legal principles 15 marks
Use of authorities 15 marks
1st DBRANLU NATIONAL MOOT COURT COMPETITION 2020
The winners of the preliminary rounds shall, i.e. total eight teams (8 teams) shall qualify for the
Quarter Final Rounds. For the purposes of qualification from the Preliminary Rounds to the
Quarter Finals, the number of rounds won by the team shall be considered as first criteria. In
case there is a tie, the winning difference of their respective rounds shall be taken into
consideration. Further, incase of tie after taking winning scores into consideration, the decision
shall be taken on the basis of the Memorial marks.
• The Quarter Final Rounds shall also take place on March 20-21, 2020. The Teams qualifying to
the Quarter Finals shall be on the basis of Two Rounds of Oral arguments of the Preliminary
Rounds.
• Each team will get a total of 30 minutes to present their case which will include rebuttal and
sur-rebuttal time (if permitted by the judge(s)).
• The match up of teams in Quarter Final Rounds shall be determined on the basis of draw of
lots.
The Semi Final rounds shall take place on March, 22,2020. The winner of the Quarter Final
rounds shall be declared qualified for the Semi Final Rounds.
• The match up of teams in Semi Final Rounds shall be determined on the basis of draw of lots.
Each team will get a total of 45 minutes to present their case which will include rebuttal and
sur-rebuttal time (if permitted by the judge(s)).
e. Final Round:
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1st DBRANLU NATIONAL MOOT COURT COMPETITION 2020
• The Final Round shall also take place on March 22, 2020. The two teams who stand declared
as winners of the Semi Final Rounds shall qualify for the Final Rounds. Each team will get a total
of 60 minutes to present their case which will include rebuttal and sur-rebuttal time (if
permitted by the judge(s)). The Winner of the Final Round shall be declared Winner of the
Competition.
f. General Rules:
• In case of evaluation of all the Rounds, the Memorial Marks shall not be included to decide
the merit. But in case a tie takes place in the Quarter Final, Semi Final or Final Rounds, in that
case, the marks of the Preliminary Rounds shall be the basis for deciding the winner.
• The decision of the judges with regard to the outcome of the rounds shall be final.
g. Scouting:
• Teams shall not be allowed to observe the orals of another team, unless they have been
officially knocked-out of the competition. Scouting is strictly prohibited. Scouting by any team
shall entail instant disqualification.
The 1st National Moot Court Competition 2020 will be held from 20th March to 22nd March,
2020 at the Dr. B.R. Ambedkar National Law University, Camp Office- SBIT, Village - Pallri,
Meerut Road, Bahalgarh, Sonipat, Haryana - 131001.
9. RESEARCHER’S TEST
• The “Researcher’s Test” shall take place on March 21st, 2020. Only the Researcher, as
indicated in the team registration form, shall be eligible to take the researcher test. The speaker
can only take the Researcher’s Test, if the team comprises of 2 speakers only.
Under no circumstances the Organizer shall provide accommodation to any other person
accompanying the team.
12. CLARIFICATIONS:
• Secretary of NMCC
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1st DBRANLU NATIONAL MOOT COURT COMPETITION 2020
Student Coordinators
Mr.Pranav
Contact Details: +91 91010 99329 I email: dbranlu.pranav@gmail.com
Miss Prakriti
13.SCHEME OF DEDUCTION
VIOLATION PENALTY
Breach of memorandum anonymity Disqualification from the Moot
Missing or additional section 2 marks for every violation
Incorrect order of sections 2 marks (one-time deduction)
Incorrect font size in the main body of the memorandum 1 mark for every page on which
there is a violation
Incorrect line spacing in the main body of the 1 mark for every page on which
memorandum there is a violation
Incorrect font style in the main body of the memorandum 1 mark for every page on which
there is a violation
Incorrect page size and/or page margin in the main body of 1 mark for every page on which
the memorandum there is a violation
Missing or unnecessary information on cover page 1 mark per piece of information
Substantive legal arguments outside the arguments 2 marks for every page on which
advanced section there is a violation
Exceeding the page limit of the arguments advanced 3 marks for every page that is in
section excess of the prescribed page
limit
Extra information in footnotes 1 mark for each violation (1 mark
will be deducted for every
footnote that has extra
information)
Use of endnotes 3 marks
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1st DBRANLU NATIONAL MOOT COURT COMPETITION 2020
Mode of Travel:
Arrival Place:
DEPARTURE DETAILS
Date___________________________________________________
Time___________________________________________________
Mode of Travel:
Contact Person (Name and Mobile Number) (one must be non-participant, preferably Teacher
Associated with the team): 1 .………………………………………………………………………
2..……..……………………………………………………….………
A SOFT COPY of the TRAVEL form shall reach the organizers on or before 10th Feb, 2020.