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Nalanda LAW College Moot Court Trial FOR A 2022-2023: Cademic Year
Nalanda LAW College Moot Court Trial FOR A 2022-2023: Cademic Year
Nalanda LAW College Moot Court Trial FOR A 2022-2023: Cademic Year
BEFORE
THE HON’BLE NALANDA LAW COLLEGE TRIAL MOOT COURT
IN THE MATTER OF –
(PETITIONER) V. (RESPONDENT)
STATEMENT OF ISSUES
ISSUE I
ISSUE II
ISSUE III
AS ACCUSED CARRIED SHARP WEAPON WITH HIM AND USED IT PUBLIC PLACES WHICH CREATED
SUMMARY OF ARGUMENTS
A judge who has expressed opinion as part of the referring bench, ought to participate in the
larger bench because inclusion of the judges of referring bench in the larger bench is the rule
of the court and there is no provision or reasonable ground for non-inclusion. Prejudging the
same question of law does not bar inclusion in a larger bench. Non-inclusion is provided for
only in case of bias, and there is no question of bias in participation of judge in larger bench.
Additionally, US Court procedures have time and again elucidated the advantages of inclusion
of judge in the larger bench; which is an effective guiding principle.
The master of roster must be deemed to include five senior-most judges of the Supreme Court
becausethe exercise of power of ‘Master of Roster’ by Chief Justice in his individual capacity,
violates the principle of nemo judex in causa sua. Furthermore, such wide discretionary power
in the hands of the Chief Justice alone is against the rule of law and a potential threat to the
independence of the Judiciary. There is an urgent need to replace the ‘Master of Roster’ with
the Collegium system so that collective wisdom can be applied to make the process more
effective. Also, the examination of constitutional scheme and the objective behind inclusion
suggests incorporation of collegium system.
Supreme Court should regulate the fees of the lawyers because there is requirement of the
guidelines for the same. Exorbitant fees charged by lawyers amounts to denial of acces to
justice. Such unreasonably high fees create hindrance and thereby violate fundamental rights
and state policy. Such a regulation is reasonable and not violative of Art. 19(1)(g) of the
Mayeechin Constitution. Power to lay guidelines is under the rule making power of the
Supreme Court. Article 145 is wide enough to empower the Court to lay down guidelines on