MAHATMA GANDHI LAW COLLEGE, HYDERABAD

Contents of LL.B 3YDC & 5YDC Final Year

Practical Record Works

Record – I Moot court

INDEX

a. Introduction to Moot Court

b. Memorials of 3 - Moot Courts
c. Two Client Interviews Proformas
d. Advocate Office visit Certificate
e. Civil & Criminal Case Observations
 WHAT IS MOOT COURT
A moot court is an extracurricular activity at many law schools in which participants
take part in simulated court proceedings, which usually involves drafting memorials or
memoranda and participating in oral argument. The term "moot" traces its origins to Saxon
times, when a moot (gmot or emot) was a gathering of prominent men in a locality to discuss
matters of local importance. The modern activity differs from a mock trial, as moot court
usually refers to a simulated appellate court or arbitral case, while a mock trial usually refers
to a simulated jury trial or bench trial. Moot court does not involve actual testimony by
witnesses, cross-examination, or the presentation of evidence, but is focused solely on the
application of the law to a common set of evidentiary assumptions to which the competitors
must be introduced. In most countries, the phrase "a moot court" may be shortened to simply
"a moot" and the activity may be called "mooting". Participants are either referred to as
"mooters" or "mooties".Moot court is a simulated oral argument, similar to an argument made
before an appellate court. The argument lasts around fifteen minutes, during which time the
attorney presents an argument and answers questions posed by the panel of judges. It is not a
trial: there are no witnesses and no evidence. The arguments are evaluated on the
application of the law to the facts of the case.

WHAT IS THE DIFFERENCE BETWEEN

MOOT COURT AND MOCK TRIAL

Moot Court involves an oral argument appealing a case that has already been heard by a
district court. It is not a mock trial; there are no witnesses and no objections. Although the
Petitioner will have the opportunity to make a brief rebuttal, it is not a debate.

Oral argument is when attorneys actually argue in front of an appellate court. Moot court is
the same thing, except that it is when students are simulating what an oral argument would be
like in an actual court. Mock Trial is the actual trial that takes place before the possibility of
an appellate argument can even be considered, complete with witnesses, exhibits to be
entered into evidence, and a jury who will decide the final verdict. In Mock Trial, the
attorneys on both sides are attempting to convince a jury, comprised of citizens, not judges,
most of the time there are 12 jurors, as to who is responsible or not responsible, guilty or not
guilty. In an oral argument, the attorneys are arguing a legal issue to a panel of 3 -9 judges
about whether or not the lower court made the right decision according to what the law states.

When a case is first filed, it will first go to trial court where all the facts will be determined,
by a jury, through the presentation of evidence and through the testimony of witnesses. The
record from that trial is preserved for appeal. Moot Court oral arguments are what happens at
the next level of the judicial process, after a trial is finished, and a jury has set a verdict, the
appellate court. The appellate court relies on the facts that came out at the trial level, on
appeal, the attorneys get to present their legal arguments for their sides and the judges will
interrupt them to ask questions, to get a better understanding of the issue and the arguments
being made.

WHAT IS AN ORAL ARGUMENT

An oral argument is a part of the appeals process which consists of one party asking the court
to uphold or overturn a lower court’s decision. An appeal occurs after there has been a full
trial and a final judgment on the case in the lower courts. In these instances, the losing party
finds a reason why the trial court and/or the intermediate appeals court’s decision was wrong
and is seeking to have the lower courts’ decision overturned by the higher court, Supreme
Court. The winning party then has the opportunity to defend the lower court’s decision on
that issue.

At the appellate level, an oral argument is the only opportunity for a lawyer to argue his/her
client’s case in person before the court. This argument is limited to the issues raised in their
brief and the facts of the case determined in the lower trial court. The argument is made
solely by lawyers before a panel of judges.

The purpose of an oral argument is for the attorney to answer questions of the judges about
their argument submitted in their brief. And, to make sure the judges understand and focus on
the claims made. A good oral argument will point out the essential elements of the case,
highlight the brief and explain why the judge should rule in the favour of their client.

***
 MAHATMA GANDHI LAW COLLEGE: HYDERABAD
LL.B. 3YDC VI Sem and 5 YDC X SEM 2021-22
MOOT COURT EXAMINATION: PROBLEM- I
________________________________________________________
INSTRUCTIONS TO THE STUDENTS
1. The students should get the written arguments approved/corrected by the faculty
designated before the due date. The directions/suggestions given by such faculty must be
followed during the course of preparation of the memorials and presentation before the
Bench.
2 A fair manuscript of it should be submitted to the Bench on the date of the examination.
3. The students should wear Black coat on the date of the examination.
4 Presentation of arguments must be oral but not reading the contents of written memorials.
----------------------------------------------------------------------------------------------------------------
Arogya Institute of Medical Sciences, popularly known as AIMS (for short, the
Medical Institute) is a popular Medical Institute in Telangana State, rendering services in the
field of medicine, surgery and public health throughout the state and outside the State for 10
years. Due to its dedicated services, it acquired goodwill within and outside the State.

AIMS, a pharmaceutical unit, had started to sell medicines which help in weight
reduction, weight gain, tranquilizers, vitalizers, colour complexion improvers and hair
growers etc., People are under belief that this Pharma Unit is also a sister concern of Arogya
Institute of Medical Sciences, which is famous as above for its assured services and started
purchasing and consuming said medicines.

As a result, since few months, unfortunately majority of the medicines sold by AIMS
Pharma Unit, have shown negative results. People suffered by adverse effects started
approaching the said Medical Institute for clarification, compensation and apology etc.
causing annoyance and a threat to its good will in the market. The Medical Institute denied in
public media about its any nexus between itself and Pharma Unit, and also filed a case before
the District Court against Pharma Unit for compensation and also contended that, the mark
“AIMS” used by the Pharma Unit is ‘deceptively similar’ to that of the mark being used by
Arogya Institute of Medical sciences and hence sought permanent Injunction for not to use its
name. AIMS Pharma Unit took the plea that, its mark AIMS is not deceptively similar to that
of Arogya Institute of Medical Sciences, and also contended that the Medical Institute is
rendering services in the fields of medicine, surgery and public health but Pharma Unit’s
services are exclusively confined to pharmaceutical field. Now the matter is before the
District court of Telangana with the following issues:
ISSUES:
1. Whether the petition filed by Pharma Unit is maintainable?
2. Whether AIMS, the Pharma Unit infringed the service mark of Arogya Institute of Medical
Sciences?
3. Whether the abbreviation AIMS is deceptively similar to that of Arogya Institute of
Medical Sciences?
4. Whether Arogya Institute of Medical Sciences is eligible to get compensation?
5.To what relief. ***
 MAHATMA GANDHI LAW COLLEGE: HYDERABAD
LL.B. 3YDC VI Sem and 5 YDC X SEM 2021-22
MOOT COURT EXAMINATION: PROBLEM- II
________________________________________________________
INSTRUCTIONS TO THE STUDENTS
1. The students should get the written arguments approved/corrected by the faculty
designated before the due date. The directions/suggestions given by such faculty must be
followed during the course of preparation of the memorials and presentation before the
Bench.
2 A fair manuscript of it should be submitted to the Bench on the date of the examination.
3. The students should wear Black coat on the date of the examination.
4 Presentation of arguments must be oral but not reading the contents of written memorials.
----------------------------------------------------------------------------------------------------------------

M/s Glaxto Industry was established in the year 1990 in Hyderabad to manufacture
pharmaceutical products. This industry employed nearly 1000 workers and employees to render the
technical as well as non-technical services. The management of the industry provided residential
accommodation and transport facility for its staff in the premises and outside the premises of the
industry.

Mr.Chakri is an employee in this industry as a bus driver for the above purpose and he was
provided with the residential accommodation in the premises of the industry. Recently he suffered a
lot with cough, cold and physical discomfort, thereby he used to get medical treatment from the
doctors provided by the Management. In spite of such treatment, the above symptoms persisted. After
the thorough examination of the symptoms and medical reports, the specialist doctor concluded that
he is suffering from asthma/bronchitis attacked due to his frequent exposure to the toxic vapours and
unprocessed chemical effluents released by the said industry and so he was put under medical
treatment.

As the things going on, one day while he was driving the bus after pick up of the Industry
staff in his allotted shift, he got severe cough and asthma and thereby unable to control the driving of
the bus and met with an accident leading to an injury to his left hand and hence making him disable to
drive any vehicle forcing him to lose his earning capacity. When he represented before the
Management of the Industry to provide compensation under Employees Compensation Act, 1923,
considering his past 15 years of service, it refused his request stating that this disability is not total and
also no nexus between his employment and the disease he got. Later, he filed a petition before the
Labour Court challenging the decision of the Management and contended that there is nexus
between his employment and the disease, he got due to the adverse conditions in the industry and the
said accident squarely falls under the course of employment. The Labour court also dismissed his plea
for compensation.

Aggrieved by the decision of the Labour Court, he filed a petition before the Hon’ble High court
and the Court framed the following issues.

1. Whether the said disease is directly related to the nature of surroundings in which he was placed.
2. Whether the said accident is within or outside the course of employment.
3. Whether he is entitled to claim the compensation under the Employees Insurance Act, 1923.
4. If he is entitled, is it for the total or partial disability.
5. To What relief. **
 MAHATMA GANDHI LAW COLLEGE: HYDERABAD
LL.B. 3YDC VI Sem and 5 YDC X SEM 2021-22
MOOT COURT EXAMINATION: PROBLEM- III
________________________________________________________
INSTRUCTIONS TO THE STUDENTS
1. The students should get the written arguments approved/corrected by the faculty
designated before the due date. The directions/suggestions given by such faculty must be
followed during the course of preparation of the memorials and presentation before the
Bench.
2 A fair manuscript of it should be submitted to the Bench on the date of the examination.
3. The students should wear Black coat on the date of the examination.
4 Presentation of arguments must be oral but not reading the contents of written memorials.
----------------------------------------------------------------------------------------------------------------
In a village festival, one Mr. Ravi had an altercation with Mr. Raju and Mr. Anand.
Under the influence of intoxication Mr. Ravi used abusive language and slapped both Raju
and Anand. The altercation was settled by the village panchayat by warning both the parties
namelyMr Ravi on one side and Mr. Raju&Mr. Anand on the other side and asked them not
to fight among themselves and be friends.
During the course of time, Mr. Ravi got involved in the construction of his new house
on his vacant land in his village. One day, both Mr. Raju and Mr. Anand came to the
construction site and threatened Mr. Ravi to take revenge for being insulted by him. One Mr.
Anil also accompanied with them. All the three persons were well armed with deadly
weapons like daggers, tulwars etc., used abusive language against Mr. Ravi. Sensing a threat
to him and his family members, Mr. Ravi asked his wife and his 10 years old son to escape.
Mr. Ravi also escaped in other direction. Mr. Raju and Mr. Anand killed Mr. Ravi after
chasing him for some distance. Meanwhile Mr. Anil who was also armed with deadly
weapons remained in the house of Mr. Ravi, for not to leave a chance to his wife and son to
escape. Soon after getting the information of killing of Ravi, he left the house along with
other accused.
Police booked cases against all the three persons namely Mr. Raju, Mr. Anand, and Mr.
Anil under Sec.302 read with Sec.34 of the Indian penal code 1860. The accused contended
that since the deceased used abusive and filthy language defaming their character in the
village and after those incidents villagers developed a different view against the accused and
hence, they were under psychological upset and depression. The Sessions court tried all the
accused and punished for the offence of Murder and Common Intention. All the accused
preferred an appeal before the Hon’ble High Court which has confirmed the judgment of
Sessions Court. Aggrieved by that decision, all the accused preferred appeal before the Apex
court.Following are grounds of appeal.

1. Whether it was pre planned Murder?

2. Whether the evidence given by son of the deceased is relevant? And the admissibility
of child witness?
3. Whether punishing Anil is justifiable or not?
4. To What relief.
*
CLIENT INTERVIEW – I Advocate Office
(TO BE PASTED IN THE MOOT COURT RECORD)
Name of the Student:

Class:

Client’s Name

2
Age of the Client

3
Sex

Residential address

Brief facts of the Case

6
The Court in which case is
pending

7 Opinion of the Client on the

judicial proceedings
8
Any advice given by
the Student
9 Any Knowledge on Lok
Adalat/Free legal aid and
relevant provisions
10
Signature of the Client
CLIENT INTERVIEW – II Court
(TO BE PASTED IN THE MOOT COURT RECORD)
Name of the Student:

Class:

Client’s Name

2
Age of the Client

3
Sex

Residential address

Brief facts of the Case

6
The Court in which case is
pending

7 Opinion of the Client on the

judicial proceedings
8
Any advice given by
the Student
9 Any Knowledge on Lok
Adalat/Free legal aid and
relevant provisions
10
Signature of the Client
 ADVOCATE OFFICE INTERNSHIP CERTIFICATE

(To be obtained on letter head of the Advocate with Stamp and

Enrolment Number)

This is to certify that Mr/Mrs/Ms. -------

------------- is the Student of LL.B Final year of Mahatma
Gandhi Law College, Hyderabad (TS). As a part of final year
Practical Record work, as an internee, attended my office
from ---------- to----------------- During this period, this
student is given orientation on the following and connected
fields.

1. Essentials of an Advocate office

2. Study of the Cause list/list of the cases posted
for the day.
3. Ascertaining the facts/data from the client on
the first visit.
4. Instructions to own clients and witness
5. Techniques of cross examination
6. Preparation of the case papers and
7. Use of the library.

***