ee c. SEMESTER ¥. US PRACTICAL TRAINING -B SYLL ABUS MOOT .COURT, PRE TRIAL PREPARATION AND PARTICIPATION IN TRIAL PROCEDURES This paper will ha a) b) °) 4) three components of 30 marks each and a viva of 10 marks Moot Cour: G0 marks} Every student will do at least three ‘moot cour ia a year with 10 maz! each the moot court work will be on assigned problems and it wi evaluable for 5 marks for written submission Observance of Trial in two cases. one civil arid one criminal 0 marks). Students will attend two trails. They will inaintain a record and enter in various steps observed during their attendance oh different days in the court assignment. This scheme will carry 30 marks. Interviewing techniques and Pre trial preparations ? (30 marks} Each student will observe two interviewing sessions of clients at the Lawyers office/Legal Aid office and record the Proceedings in a diary which wil! carry 15 marks. Each student will further observe the preparation of documents and court papers by the advocate and procedure for the filing of the suit/petition, This will be recorded in the diary which will cairy 15 marks. ¢ fourth component of this paper will be viva voce examination on all the Wve three aspects, This will-carry 10 marks, (40 marks) aTAll the students of Third Year LL.B, Semester V (Academic Year 2022-23) are hereby notified that there will be a Practical Training Examination. Please refer to the syllabus below, Date ] Time Roll Number and Room allotted 5 October Room 301 Room 302 | Room303 | Room304 | Room 3 Monday) 8.00-11,00 | Roll Number | Rol Number | Roll Number | Roll Number | Roll Num am ast 21-40 41-60 61-80 81-106 Room 301 Room 302 | Room 303 | Room304 | Room3: 8.00-11.00 i Roll Number | Roll Number | Roll Number | Roll Number | Roll Nur 4" October 101-120 121-140 141-160 161-180 181-20 (uesday) 11,00 am - 2.00pm 201 onwards a = -foot Court problems assigned to them oth sides of THRE! 1. Written Submission of bk Format of Written Submission a) Facts of the b) Issues provided c) Arguments both side d) Relevant case Laws c) Prayer >, Observation of Trial of one Civil & One Criminal Case and Report of the Trial during their attendance in the Court Visit which is organized by the college. 3. Students shall observe 2 interviewing sessions of the clients at the office of the lawyers/ legal Aid office. They shall prepare a Report of this and the proceedings shall be recorded in a journal. (Word Limit 500-800) Moot Court Problems Following are the Moot Preposition of Criminal, Civil and Writ matters. Students are required to give written submissions (Both Sides) on all the following Moot prepositions in their practical Journal, Students are also required to prepare oral submissions (Both Sides) for all three matters. The examiner will ask for any one of the following three moot prepositions. Moot Problem 1: Criminal Case ‘A 28 years old Married woman young Software Engineer Nalini, working with one BPO Company in Pune, in the prime of her youth, having a bright career lying ahead, She wsed travel to her workplace and back by her company transport or Public Transport by an Auto Rickshaw. On the evening of 07/10/2018 ic. the day of the incident as she was vevking vit laie she missed the company transport and therefore near Reliance Mall on Nae ne accepted the offer of lift by Sachin Mishra ~ Accused no. 1 in the cab driven brrnn ones in which the other two accused viz, Vikram Jadhav Accused no. 2 aes aan ‘Aniket Salwi Accused no. 3 were already sitting and present in the take her to her house in Katraj whereupon she placed total trust in the the brutes took advantage of the fact of her being the only woman in the ect her to satisfy their insatiable lust. She was stripped naked and kept in that canine? ousted committing gang rape on her repeatedly. They picked up Nalini fr ndition for hours om Reliane subsequently drove her to Hadapsar by Magarpatta and from there onvey aes Mala : SS ‘ards to Manjari Phata (Security Guard) and "ab. They promised to ‘Se strangers. However, 9.3brutally kil her by first strangulating her by dupatta and then by rushing her face and head with heavy stones to camouflage her identity in order to destroy the evidence. Trial took place against all these accused in the Trial Court, Pune. Trio accused in this case held guilty for the Gang Rape and murder and all three accused were sentenced to death U/S 376 (A), 397, 302, 404, 120(B) of IPC for this horrific crime, But T, Ramalinga (Approver) Was acquitted, All three accused filed an appeal in the Bombay High Court against the decision of the Trial Court Pune to set aside the conviction and sentence. ISSUES of Criminal Case I. Whether the accused conspired to commit the said crimes and in pursuance of this conspiracy they carried out the criminal acts as charged by the prosecution? 2. Whether the prosecution has proved beyond reasonable doubt the common intention of the accused by bringing on record that the said acts were committed by several persons in furtherance of their common intention? 3. Whether any other charge can be tried. Moot Problem 2: Civil Case A Company “R D” in the name of R D Parmanandka Pvt. Ltd operates in ladies’ ware. It earned huge profits over the years and eventually decided to expand its business by introducing a number of varieties in kids’ wear. 2. In order to achieve the above objective, they approached Sapatrangi Pvt. Ltd ., a large manufacturer of Sxments in kids wear garments. “R D” entered into a contract for the purchase of ‘ids’ wear garments. The contract price was Rs.6,00,000 / and both the Parties agreed “Pon @ payment schedule, R D Parmanandka Pv, Ll aviced to pay Rs.4,00,000/ Partially upon the delivery of kids wear clothes on 1 January 2017 and full and final Pevment of Rs.2,00,000 on 1 * March 2017. 3. Sapatrangi Pvt. Ltd delivered the poms ‘oR D Parmanandka Pyt. Ltd on the agreed date i.e. 1st January 2017 as per contract, i i 1S scandy eT resulted in g a L'a loses a profitable contract with is ; “significant down in the demand for their kids’ wear garments. Sapatrangi vetiie asuffering from financial difficulties dw to » number of legal actions iM ¥ab realised by Sapatrangi Pvt, Lid that RD Patadiandld e unable 10 pay the remaining amount of Rs.2,00,000 on 1 March { agreed to accept Rs, 50,000 in full satisf t . id duly paid such an amount on. st March 2017. 5. On 3 rd Pvt Lid delivered the rest of the clothes to R.D Parmanandka it_ was found that the clothes were of poor quality. On 4 ent t0 the | utrangi Pvt. Ltd., to exchange the clothes. The ted by Sapatrangi Pvt, Ltd. However, no place. On 20th march second notice was sent which was neither nor replied. 7. Hence R.D Parmanandka Pvt. Lid filed a suit against i Pvt. Ltd and claims Rs. 1,50,000 for breach of contract. Sapatrangi Pvt. ended that it was not bound to pay the amount claimed inthe suit because the of Civil Case er the acceptance of a sum different than that in the contract was valid and if itt was then what was its effect of it on the original contract? 2. Whether there was any breach of contract by Sapatrangi Pvt. Lid. 3. Whether losses were accrued to the plaintiff due to the breach. 4, Whether the losses accrued to the plaintiff amounted to Rs, 1,50,000, ‘Mr Ramesh and Mr Dinesh are citizens of India. Both had gone to Ireland to pursue higher ceducationand subsequently started working in Ireland. They were already in a relationship ‘and eventually gotmarried according to the Irish Laws during their stay in Ireland. They were in a marital relationship for twoyears and were residing in Ireland. On 15th February 2018, ‘they shified to India and both started stayingin an apartment in Bandra, Mumbai. ‘On 10th September 2018, Mr Ramesh left the apartment and went to stay separately without informing Mr Dinesh. Despite several attempts of contact from Dinesh, Mr Ramesh did not ‘espond. Mr Dinesh tried filing a ease but was not allowed to doit. ‘Aggrieved by this Mr Dinesh approached an NGO named Cotours which works and fights for the rights of the LGBTQI (Lesbian, Gay, Bisexual, Transgender, Queer, Intersex) section of society in India. Colours fileda writ petition after consultation with their panel of legal ‘experts who through their research on the recentlandmark Judgement dated 6th September 2018 on decriminalization of See, 377 of the Indian Penal Code, where the Supreme Court Hid that Section 377 violate the sight of members of the LGBTQL communityto dignity, Uae and rvacy, are sovered under Amie 24 & 19 (1) (4), Due wo w plethora of sss Matense {cognition of: same-sex masriaie Nike Domestic Violence, Cruelty, and laintenance, Kagingmodesty,Colours filed & Wit Petition oyaiast the Union of tndia in the Be Serene Cour secking the recognition SValidty of same-sex marriage & gender ISSUES of Writ Petition 7) Whethe stigma may undemine the Belly socal devlonnc! of social relationships © 10 sex mariage. 2 Whethsr the fundamental rights of LOBTO! violated? eee