South-West District Legal Services Authority

Ingoude
(Under the aegis of NALSA & DSLSA)
Company
in collaboration with REACH US AT :
Trinity Institute of Professional Studies
(A+ Category institute of GGSIPU, Delhi) tips@tips.edu.in

presents
FOR REGISTRATION

TIPS https://forms.gle/TbcfDDF62FaFVR6E8

WRITE TO US AT :
National Moot Court mootcourtsociety@tips.edu.in

Competition 2022

For query contact us :

2 march 2023
MOOT COURT SOCIETY
& Convenor : 9057252398

4 march 2023 Co-convenor: 9582891505

Hybrid Mode
 REGISTRATION'S
OPEN

HTTPS://FORMS.GLE/TBCFDDF62FAF
VR6E8

WRITE TO US AT :

mootcourtsociety@tips.edu.in

TIPS@TIPS.EDU.IN
 ABOUT

TRINITY INSTITUTE OF
PROFESSIONAL
STUDIES
TRINITY INSTITUTE OF PROFESSIONAL STUDIES (TIPS) IS A HIGHER
EDUCATION INSTITUTE LOCATED IN DWARKA IN SOUTH-WEST DELHI,
INDIA. THE SCHOOL IS AFFILIATED WITH THE GURU GOBIND SINGH
INDRAPRASTHA UNIVERSITY..

TIPS WAS FOUNDED BY SH. O.P. TANDON, AN EDUCATIONIST AND

SOCIAL REFORMER, WHO LAID THE FOUNDATION OF THE KAMAL
EDUCATION AND WELFARE SOCIETY, VIKASPURI, NEW DELHI.

THE INSTITUTE HAS ATTAINED A DISTINCT POSITION IN RUNNING

BA.LLB, B.COM(H), BJMC, AND BCA PROGRAMMES AFFILIATED
WITH GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY, DELHI.

AT TIPS, WE CONDUCT INDUSTRY DRIVEN UNDERGRADUATE

PROFESSIONAL ACADEMIC PROGRAMMES IN THE DISCIPLINES OF
MANAGEMENT AND COMMERCE, COMPUTER APPLICATIONS,
JOURNALISM AND MASS COMMUNICATION, AND LAW & OTHER
EMERGING DISCIPLINES.

ENSURING THAT THE COURSE MATERIAL IN ALL THE ESSENTIAL

SUBJECTS IS ALWAYS PASSED ON TO THE STUDENTS VIA BASKET
OF PEDAGOGIES THAT ARE ULTRA MODERN AND INNOVATIVE SO
THAT THE TEACHING LEARNING PROCESS REMAINS NOT ONLY
SMOOTHER BUT ALSO ENGROSSING THE REAL LIFE SITUATION,
CASES AND PROBLEMS.
 ABOUT
DEPARTMENT OF LAW
TRINITY INSTITUTE OF PROFESSIONAL STUDIES (TIPS)
OFFERS BA.LLB, AN INTEGRATED FIVE YEAR PROGRAMME
WHICH IS APPROVED BY THE BAR COUNCIL OF INDIA AND IS
AFFILIATED TO GURU GOBIND SINGH INDRAPRASTHA
UNIVERSITY (GGSIPU), DELHI. THE COURSE IS STRUCTURED
IN A SPECIAL WAY SO AS TO BRIDGE THE GAP BETWEEN
THEORETICAL INPUTS AND PRACTICAL APPLICATION TO
PREPARE THE STUDENTS TO MEET THE REQUIREMENTS OF
THE INDUSTRY LEADING TIPS AS ONE OF THE BEST BA.LLB
COLLEGE IN DELHI NCR. KEEPING IN MIND THIS VISION,
THE DEPARTMENT OF LAW IS EQUIPPED WITH STATE OF
THE ART INFRASTRUCTURE INCLUDING ICT ENABLED
CLASSROOMS, MOOT COURT, A SEPARATE LIBRARY WITH E-
JOURNAL ACCESS, AN ACTIVITY ROOM TO FACILITATE
DEBATE AND DISCUSSION AND A LEGAL AID CLINIC
EXCLUSIVELY FOR LAW STUDENTS. DIFFERENT KINDS OF
VISITS SUCH AS COURT VISIT, PARLIAMENT VISIT, JAIL
VISIT, LOK ADALAT VISIT VARIOUS APPELLATE TRIBUNALS
VISIT ARE CONDUCTED TO ENABLE THE STUDENTS GET A
KNOWLEDGE AND EXPOSURE TO THE COURT
ENVIRONMENT.

AT THE END OF EVERY YEAR, STUDENTS GO THROUGH SUMMER

INTERNSHIP TRAINING AND PREPARE A BRIEF REPORT.
EXPERIMENTAL BASED LEARNING IS PROMOTED BY THE INSTITUTE
THROUGH EXTRA-CURRICULAR ACTIVITIES LIKE CONFERENCES,
SEMINARS, MOOT COURT COMPETITION, CRIMINAL/CIVIL TRIAL
ADVOCACY COMPETITION, YOUTH PARLIAMENT, MUN (MODEL
UNITED NATIONS), DEBATES ON CURRENT LEGAL AND SOCIAL
ISSUES, MOCK INTERVIEWS, GROUP DISCUSSION, LEGAL LITERACY
CAMPAIGNS, STREET PLAYS, LEGAL AID CLINIC & CAMP, PLV
TRAINING, AND SUMMER INTERNSHIP ETC. STUDENTS FROM ALL
THE COURSES ARE GIVEN AN OPPORTUNITY TO WRITE AND PRESENT
THEIR RESEARCH PAPERS AND INNOVATIVE IDEAS IN NATIONAL
CONFERENCE ORGANIZED BY THE INSTITUTE EVERY YEAR.
EDUCATIONAL TOURS (NATIONAL & INTERNATIONAL) ARE
ORGANIZED BY THE INSTITUTE FOR THE OVERALL DEVELOPMENT
OF STUDENTS.
 ABOUT
MOOT COURT

A MOOT COURT IS LIKE SIMULATING A

REAL COURT, WHERE STUDENTS ARE
MADE TO PARTICIPATE IN THE STAGED
COURT PROCEEDINGS THAT ARE RELATED
TO A FICTIONAL DISPUTE BETWEEN
PARTIES. MOSTLY, MOOT COURTS ARE
CONDUCTED IN LAW SCHOOLS WHERE
THE STUDENTS ARE EXPECTED TO PURSUE
THEIR CAREERS IN THE FIELD OF LAW AS
LAWYERS, ARBITRATORS AND JUDGES;
HENCE THEY’RE MADE TO PRACTICE TO
BE TRAINED FOR FUTURE ALONG WITH
DEVELOPMENT OF THE REQUIRED SKILLS.

OBJECTIVE
To engage with and think deeply about interesting and topical legal issues
To enhance their advocacy, legal research and writing skills
To work closely with and learn from their peers
COMPETITION GUIDELINES

DEFINITIONS

ORGANIZERS”MEANS THE MOOT COURT SOCIETY, TIPS.

· "COMPETITION" MEANS THE TIPS NATIONAL MOOT COURT

COMPETITION, 2022.(HYBRID MODE).

· PARTICIPATING TEAM" MEANS THE TEAM WHICH HAS REGISTERED

ITSELF FOR THE COMPETITION AS PER THE RULES GIVEN BELOW.
"PARTICIPATING COLLEGE/INSTITUTION/UNIVERSITY SHALL BE
PRESUMED TO BE THE PARENT INSTITUTION OF THE PARTICIPATING
TEAMS.

PARTICIPANTS” MEANS THE SPEAKERS AND THE RESEARCHER OF THE

PARTICIPATING TEAM.

· THE RULES OF THE MOOT COURT SHALL BE STRICTLY ADHERED TO ANY

DEVIATION THERE FROM THEM WOULD ATTRACT DISQUALICATION OR
OTHER PENALTIES AS DECIDED BY THE ORGANIZERS.

· DECISION TAKEN BY ORGANIZERS IN CASE OF ANY DOUBT, DISPUTE, DIS-

QUALICATION ETC. SHALL BE FINAL

ORGANIZER” MEANS THE MOOT COURT SOCIETY , DEPARTMENT OF

LAW, TIPS.

• “REBUTTALS” REFER TO THOSE ARGUMENTS/QUESTIONS THAT THE

COMPLAINANT MAY RAISE TO THE END OF THE MAIN PLEADINGS OF ALL
THE ORATORS.

THIS SHALL BE REPLIED TO IN THE APPROPRIATE MANNER BY THE

RESPONDENT. (APPLICABLE FOR ONLY SEMI INAL AND FINAL ROUNDS).

• “WRITTEN SUBMISSION” MEANS WRITTEN SUBMISSION OF

MEMORANDUM BY ANY TEAM.

 GENERAL RULES
THE PARTICIPANTS SHALL ADHERE TO
FOLLOWING DRESS CODE WHEN PRESENT IN
ANY VIRTUAL COURT ROOM DURING THE
COMPETITION.

FEMALE(S) : BLACK COLORED SALWAR OR

TROUSER, WHITE COLORED KURTA OR
SHIRT & SUIT (BLACK).

MALE(S) : WHITE SHIRT WITH TIE AND

BLACK COLORED TROUSER / SUIT (BLACK).

ELIGIBILITY
ALL STUDENTS CURRENTLY ENROLLED IN THREE
YEAR OR FIVE-YEAR LL.B. IN ANY LAW
SCHOOL/COLLEGE/UNIVERSITY IN INDIA, ARE
ELIGIBLE TO PARTICIPATE IN THE COMPETITION.

ANY RECOGNIZED INSTITUTION / COLLEGE /

UNIVERSITY SHALL BE ENTITLED TO SEND ONLY ONE
TEAM TO THE COMPETITION.

DATE AND VENUE OF

COMPETITION

EACH TEAM SHALL BE COMPRISED

OF MAXIMUM 3 MEMBERS, I.E. 2
MOOTER(S)/ AND 1 RESEARCHER.

THIS NUMBER CANNOT BE

MODIFIED UNDER ANY
CIRCUMSTANCES.TEAMS SHALL
IDENTIFY SUCH SPEAKERS AND
RESEARCHER DURING
REGISTRATION

UNDER NO CONDITION SHALL A

TEAM CONSISTING MORE
THAN 3 MEMBERS BE ALLOWED TO
PARTICIPATE

ANONYMITY OF TEAMS , MODE

OF CONDUCT AND LANGUAGE
TO BE ADHERED

TEAMS SHALL NOT DISCLOSE THEIR

IDENTITY OR THAT OF THEIR INSTITUTION
OR CITY AT ANY TIME BEFORE OR DURING
THE COMPETITION.

THE WRITTEN SUBMISSIONS SHALL NOT

REVEAL THE IDENTITY OF THE TEAM IN
ANY FORM AND SHOULD NOT BEAR THE
LOGO, NAME ETC. OF THE UNIVERSITY
REPRESENTED.

ANY MATERIAL PRESENTED TO THE PANEL

SHOULD BE DEVOID OF ANY
IDENTIFICATION MARKS/SEAL OF THE
TEAM. IF ANY SUCH MARK/SEAL EXISTS, IT
MUST BE RENDERED UNRECOGNIZABLE.

THE COMPETITION SHALL BE HELD IN

ENGLISH ONLY.

HE COMPETITION SHALL BE HELD IN THE HYBRID MODE.

HOWEVER, IN VIEW OF GLOBAL PANDEMIC, MODE OF
COMPETITION MAY BE CHANGED BASED ON THE
CIRCUMSTANCES PREVAILING AT THE TIME OF THE
COMPETITION ACROSS INDIA. IN SUCH CASE, THE
ORGANIZING INSTITUTIONS MAY CHANGE THE MODE OF
CONDUCTING COMPETITION FROM OFFLINE TO ONLINE
MODE THEN REVISED RULES OF THE COMPETITION WILL
BE COMMUNICATED TO THE PARTICIPANTS.
 REGISTRATION
TEAMS MUST REGISTER THEMSELVES
LATEST BY 10 DECEMBER 2022.
REGISTRATION FORM DULY FILLED BY
PARTICIPANTS OF THE CONCERNED
COLLEGE SHOULD BE UPLOADED TO

HTTPS://FORMS.GLE/TBCFDDF62
FAFVR6E8

IT IS COMPULSORY FOR ALL THE PARTICIPATING

TEAMS TO ATTACH THE PERMISSION LETTER
INCLUDING CONSENT FROM THEIR COLLEGE /
INSTITUTION/ UNIVERSITY. THE PERMISSION
LETTER SHOULD BE ON THE LETTER HEAD OF THE
INSTITUTION ISSUING IT AND SHALL INCLUDE THE
NAMES OF EACH TIPS NATIONAL MOOT COURT
COMPETITION, 2022(HYBRID MODE) PARTICIPANTS
AND THEIR COURSE WITH SEMESTER. KINDLY
UPLOAD THE PDF COPY OF THE PERMISSION
LETTER IN THE REGISTRATION LINK. NO FORM
SHALL BE ACCEPTED, IN CASE THE PERMISSION
LETTER IS NOT UPLOADED IN THE REGISTRATION
LINK.
 FOR PAYMENT OF
REGISTRATION - USE THIS LINK

EACH PARTICIPATING TEAM SHALL PAY A

NOTIONAL ENTRY FEE OF RS.2100.00 (TWO
THOUSAND ONE
HUNDRED ONLY) BY WAY OF AN ONLINE
TRANSFER IN THE ACCOUNT.

https://rzp.io/l/WEkZ98V

THE REGISTRATION FEE

DETAILS
(SCREENSHOT/RECEIPT ETC)
SHOULD BE UPLOADED
THROUGH THIS LINK

https://forms.gle/TbcfDDF62F
aFVR6E8
 RESEARCHER'S
TEST
THE REGISTRATION FEE SHALL BE
NON-REFUNDABLE..

ANY CHANGE IN TEAM COMPOSITION WILL NOT BE

ENTERTAINED AFTER THE REGISTRATION. IN CASE
OF ANY UNFORESEEN CONTINGENCY WHERE IT
BECOMES IMPERATIVE TO CHANGE THE TEAM
COMPOSITION, THE PARTICIPATING TEAM SHALL
SEND AN APPLICATION THROUGH MAIL TO THE
ADMINISTRATOR, MENTIONING THE COMPELLING
REASON FOR THE CHANGE. HOWEVER, THE
CHANGE IN THE COMPOSITION SHALL BE DONE AT
THE DISCRETION OF THE ADMINISTRATOR.

THE RESEARCHERS’ TEST SHALL BE CONDUCTED

BEFORE THE STARTING OF THE COMPETITION THAT IS,
14TH DECEMBER, 2022. THE DURATION OF THE TEST
SHALL BE FORTY-IVE (45) MINUTES ONLY.

NO OTHER TIME-SLOT OR EXTRA TIME WOULD BE

PROVIDED TO ANY TEAM IN ANY CIRCUMSTANCES.

THE TEST SHALL CONSIST OF OBJECTIVE QUESTIONS

BASED ON GENERAL PRINCIPLES OF THE STATEMENT OF
FACTS, MATTER(S) OF LAW INVOLVED IN THE MOOT AND
GENERAL PRINCIPLES OF NATIONAL AND
INTERNATIONAL LAW.

THE RESEARCHERS’ TEST SHALL TEST THE KNOWLEDGE OF

THE LAWS INVOLVED AS WELL AS THE FACTUAL DETAILS OF
THE MOOT PROBLEM AND THE APPLICATION OF THE
RELEVANT LAWS TO THE CIRCUMSTANCES IN THE MOOT
PROBLEM.

ONLY THE RESEARCHER AS MENTIONED IN THE

REGISTRATION FORM IS ELIGIBLE TO TAKE THE ONLINE
RESEARCHER TEST.

 FORMAT OF THE
COMPETITION AND ORAL
ARGUEMENT
THE COMPETITION IS DIVIDED INTO 3 ROUNDS :

1. PRELIMINARY ROUNDS
2. QUARTER FINAL ROUND
3. SEMI-FINAL ROUND
4. FINAL ROUND

ONLY THE RESEARCHER AS MENTIONED IN THE

REGISTRATION FORM IS ELIGIBLE TO TAKE THE ONLINE
RESEARCHER TEST.

PRILIMINARY RULES

HERE WILL BE ONLY ONE ROUND IN THE PRELIMINARY ROUND. THE

ROUND IS AN AUDIO- VIDEO RECORDING ROUND. THE QUALIICATION TO
THE SEMI-INALS ROUND SHALL BE BASED ON THE AUDIO-VIDEO
RECORDING. EACH ORATOR WILL SEND THE RECORDING OF 5 MINUTES SO
EACH TEAM HAS TO SEND TWO RECORDINGS, ONE FROM ORATOR 1 AND
ANOTHER FROM ORATOR 2. THE RECORDING WILL BE FROM ANY ONE SIDE
THAT WILL BE DECIDED ON THE BASES OF DRAW OF LOTS. THE VIDEO HAS
TO BE UPLOADED ON GOOGLE DRIVE.

TOP EIGHT TEAMS WITH HIGHEST AGGREGATE SCORE

OF BOTH THE ORALIST SHALL ADVANCE TO THE
QUARTER-INALS. THE TEAMS QUALIIED FOR THE
QUARTER FINAL ROUND WILL BE ON DIFFERENT
PARAMETERS WHICH INCLUDES BODY LANGUAGE,
COMMAND ON LANGUAGE, FACTUAL CLARITY, LEGAL
PROVISIONS AND AUTHORITIES CITED.
 QUARTER FINAL
RULES
PHYSICAL ATTENDANCE IS
PREFERABLE / ONLINE MODE

EIGHT (08) TEAMS FROM THE PRELIMINARY ROUND

SHALL QUALIFY FOR THE QUARTER-INAL ROUND. •
THE QUARTER-INALS SHALL BE A KNOCK-OUT
ROUND. • THE TEAM SHALL ARGUE ONLY ONCE IN
THE QUARTER- INALS. THE SIDE ON BEHALF OF
WHICH THE TEAM SHALL ARGUE FOR THE
QUARTER-INALS SHALL BE DECIDED BY WAY OF
DRAW OF LOTS PRIOR TO THE QUARTER-INAL
ROUND. • EACH TEAM SHALL BE ALLOTTED A
TOTAL OF 20 MINUTES TO PRESENT THEIR ORAL
ARGUMENTS

THE
EVALUATION
CRITERIA FOR
THE QUARTER-
FINAL ROUND
SHALL BE AS
FOLLOWS :
 SEMI FINAL
ROUND RULES
PHYSICAL ATTRENDANCE IS
ONLINE PREFERABLY

FOUR (04) TEAMS FROM THE

QUARTER-FINAL ROUND SHALL
QUALIFY FOR THE SEMI-FINALS.

•SEMI-FINAL ROUND SHALL BE A

KNOCK-OUT ROUND.

• THE TEAM SHALL ARGUE ONLY

ONE SIDE IN THE SEMI- INALS. THE
SIDE OF THE TEAM SHALL BE
DECIDED BY WAY OF DRAW OF LOTS.

• EACH TEAM SHALL BE ALLOTTED

TOTAL OF 30 MINUTES TO PRESENT
THEIR ORAL ARGUMENTS.

• THE TIMING CAN BE DIVIDED

BETWEEN BOTH THE SPEAKERS
ACCORDING TO THE WISH OF THE
TEAM SUBJECT TO A MAXIMUM OF 17
MINUTES AND MINIMUM OF 13
MINUTES PER SPEAKER.
A MAXIMUM OF 5 MINUTES CAN BE RESERVED
PER TEAM FOR REBUTTALS AND SUR-
REBUTTALS WHICH SHALL BE AT THE
DISCRETION OF THE JUDGES WHICH SHALL BE
EXCLUSIVE OF THE ABOVE TIME-LIMITS. •
EVALUATION IN THE SEMI-INAL ROUND SHALL
BE DONE ON THE FOLLOWING BASIS :
 FINALS

PHYSICAL ATTENDANCE IS
NEEDED

IN THE INAL ROUND, THE WIN-LOSS SHALL

BE DECIDED BASED ON THE AGGREGATE
SCORE. NO MEMORIAL SCORE WILL BE
ADDED IN THE INALS.

• EACH TEAM WILL BE ALLOTTED A TOTAL

OF 40 MINUTES TO PRESENT THEIR ORAL
ARGUMENTS.

• THE TIMING CAN BE DIVIDED BETWEEN

BOTH THE SPEAKERS ACCORDING TO THE
WISHES OF THE TEAM SUBJECT TO A
MAXIMUM OF 25 MINUTES AND MINIMUM
15 MINUTES PER SPEAKER. •
 THE TIME DIVISION HAS TO BE
INFORMED TO THE COURT
MANAGER/CLERK BEFORE THE
BEGINNING OF THE ORAL ARGUMENTS.
• A MAXIMUM OF 5 MINUTES MAY BE
RESERVED FOR REBUTTAL OR SUR-
REBUTTAL WHICH SHALL BE GIVEN AT
THE DISCRETION OF THE JUDGES
WHICH SHALL BE EXCLUSIVE OF THE
ABOVE TIME- LIMITS IN BOTH SEMI-
FINAL AND FINAL ROUNDS.

EVALUATION IN THE FINAL ROUND SHALL BE

DONE IN THE FOLLOWING MANNER
 RULES FOR WRITTEN
SUBMISSION MEMORIAL
SUBMISSION

THE FOLLOWING REQUIREMENTS

FOR MEMORIALS MUST BE
STRICTLY FOLLOWED

EACH TEAM IS REQUIRED TO

PREPARE A MEMORIAL FOR BOTH,
THE PETITIONER AND THE
RESPONDENT OF THE CASE. IT IS
TO BE NOTED WITH CAUTION
THAT THE FORUM SELECTED BY
THE TEAM SHALL REMAIN SAME
BOTH FOR THE PETITIONER AND
THE RESPONDENT

 MEMORIAL FORMAT

EACH TEAM MUST SUBMIT ITS MEMORIAL

IN PDF FORMAT.

EACH TEAM MUST SUBMIT ITS MEMORIALS

IN SIZE 12 TIMES NEW ROMAN FONT STYLE
AND FOOTNOTES IN SIZE 10 TIMES NEW
ROMAN FONT STYLE.

EACH PAGE MUST HAVE A MARGIN OF AT

LEAST 1.25 CM ON EVERY SIDE OF THE
TEXT.

MEMORIALS MUST BE CONTINUOUSLY

PAGE NUMBERED, EXCLUDING THE FRONT-
COVER.

SPACING - THE TEXT OF THE MEMORIAL MUST

BE 1.5 SPACED AND FOOTNOTES MUST BE
SINGLE SPACED.

HEADINGS AND SUB-HEADINGS OF MORE

THAN ONE LINE IN LENGTH MUST BE SINGLE
SPACED.
 THE FRONT COVER MUST CONTAIN THE
FOLLOWING INFORMATION :

1. TEAM CODE
2. TITLE OF THE COMPETITION
3. TITLE OF THE CASE

THE FOLLOWING COLOR SCHEMES SHALL BE

FOLLOWED FOR THE COVER PAGE OF THE
WRITTEN SUBMISSION :

A) PETITIONER- BLUE
B) RESPONDENT- RED

EACH TEAM MUST OMIT THE FOLLOWING

REFERENCES IN THEIR MEMORIALS:

1. THE NAMES OF TEAM MEMBERS;

2..THE NAME OF ITS
UNIVERSITY/INSTITUTE/COLLEGE.
PAGE LIMIT

EACH MEMORIAL MUST NOT EXCEED 25 PAGES,

IN WHICH THE ADVANCED ARGUMENTS
SHOULD NOT EXCEED MORE THAN 15 PAGES.

THERE IS NO PAGE-LIMIT ON MINIMUM PAGES.

 CATEGORIES OF
AWARDS

THE FOLLOWING AWARDS WILL BE GIVEN

AFTER THE FINAL ROUND:

WINNING TEAM: RS. 11000/- , TROPHY

AND CERTIFICATE

B) RUNNER-UP TEAM - RS. 5100/- TROPHY

AND CERTIFICATE

C) BEST COUNSEL/MOOTER - RS.1100 /-,

TROPHY AND CERTIFICATE

 D) BEST MEMORIAL -
RS.1100/- ,TROPHY AND
CERTIFICATE

E) BEST RESEARCHER -
RS.1100 /- ,TROPHY AND
CERTIFICATE

F) CONSOLATION PRIZE - E-
CERTIFICATE

 MISCELLANOUS

THE SCOUTING OF
ANY TYPE WILL
AMOUNT TO
DISQUALIFICATION OF
THE TEAM FROM THE
COMPETITION.

THE ORGANIZERS RESERVE

ALL THE RIGHTS TO CHANGE
ANY OF THE ABOVE RULES IF
SO REQUIRE AND AS THEY
DEEM APPROPRIATE.

ALL COMMUNICATIONS REGARDING

THE COMPETITION ARE TO BE
ADDRESSED TO

TIPSMOOTCOMPETITION@GMAIL.COM
 MOOT COURT
PROPOSITION
FACTS:
1 .MR KESHAV KAPOOR RAN A SUCCESSFUL TRANSPORT
BUSINESS IN VORMIR, WHICH IS A STATE IN REPUBLIC OF
INDIANA. HE MARRIED MS. DIVYA SHARMA, AS PER HINDU
RITES AND CEREMONIES. THE MARRIAGE WAS SOLEMNIZED
IN VORMIR ON 20.10.2015. THEY LIVED TOGETHER HAPPILY IN
KESHAV’S PARENTAL HOME.

2. THEIR LIVES WENT BY SMOOTHLY UNTIL 13.8.2016 WHEN

KESHAV INFORMED DIVYA THAT HIS CAR DEALERSHIP
BUSINESS WAS NOT DOING WELL MARRIAGE AND THAT HE
URGENTLY NEEDED MONEY TO SALVAGE IT. ON HEARING
HER HUSBAND’S PLIGHT DIVYA DECIDED TO HELP HIM
VOLUNTARILY BY OFFERING TO SELL THE JEWELLERY KEPT
IN THEIR JOINT LOCKER THAT BOTH OF THEM ACCESS TO. SHE
HAD RECEIVED THIS JEWELLERY AS A PART OF HER WEDDING
GIFT FROM HER OWN PARENTS, KESHAV’S PARENTS AND
OTHER GUESTS AND RELATIVES.

3. KESHAV WAS NOT COMFORTABLE WITH HIS WIFE’S OFFER

TO SELL OFF HER JEWELLERY AS HE THOUGHT THAT THEY
WERE AN IMPORTANT FUTURE ASSET. INSTEAD, HE INSISTED
THAT DIVYA SHOULD ASK HER PARENTS TO GIVE THEM INR 60
LAKHS, WHICH HE WOULD EVENTUALLY RETURN. HOWEVER,
DIVYA WAS RELUCTANT TO ASK HER PARENTS AND REFUSED
TO DO SO.

4. KESHAV DID NOT LET GO AND BECAME AGITATED WITH

DIVYA. HE KEPT INSISTING THAT SHE SHOULD APPROACH HER
PARENTS FOR THE MONEY. HUSBAND AND WIFE HAD
SEVERAL HEATED ARGUMENTS; WHEREON GETTING ANGRY
KESHAV EVEN ACCUSED DIVYA’S PARENTS OF NOT GIVING
HIM OR HIS FAMILY ENOUGH WEDDING GIFTS WHEN THE TWO
GOT MARRIED

 5. NEARLY 6 MONTHS LATER, KESHAV'S BUSINESS GAINED

NORMALCY AND THE FIGHTS BETWEEN HIM AND DIVYA
ABATED. DIVYA ASKED HER HUSBAND SEVERAL
QUESTIONS ABOUT THE STATE OF THE BUSINESS, BUT HE
ACTED INDIFFERENT AND SHOT BACK BY SAYING THAT SHE
HAD NO RIGHT TO ASK ABOUT A BUSINESS THAT SHE DID
NOT WANT TO SAVE. BELIEVING THIS TO BE FALSE AND
HUSBAND TRYING TO HIDE THE SITUATION OF BUSINESS.

6. AFTER 3 DAYS, DIVYA DECIDED TO SELL HER JEWELLERY

TO HELP HER HUSBAND AS SHE THOUGHT THAT THE
REASON OF HIS INDIFFERENT BEHAVIOR WAS THE BUSINESS
FAILURES. SHE WENT TO THE BANK TO ACCESS THE JOINT
LOCKER. ON REACHING THERE, SHE WAS INFORMED THAT 2
MONTHS AGO, ON 24.12.2016, THE LOCKER HAD BEEN
ACCESSED AND NEARLY ALL OF THE JEWELLERY HAD BEEN
WITHDRAWN BY KESHAV.

7.BEWILDERED DIVYA REACHED HOME TO CONFRONT

KESHAV. KESHAV, HOWEVER, NONCHALANTLY TOLD HER
THAT THE JEWELLERY WAS GIVEN TO HER BY BOTH OF
THEIR PARENTS AND WAS KEPT IN THEIR JOINT LOCKER SO
BOTH HAD EQUAL RIGHT TO IT. HE STARTED PHYSICALLY
ASSAULTING HER AND ALSO SAID THAT SHE COULD NOT
CHALLENGE HIS ACTIONS BY ANY LEGAL AUTHORITY.
THEIR RELATIONSHIP BECAME STRAINED DUE THIS
INCIDENT.

8.DIVYA DECIDED TO EXPLORE OPTIONS OF LEGAL

RECOURSE AND APPROACHED A LOCAL LAWYER TO GET
ADVICE ON THE ISSUE. SHE WAS ADVISED THAT THE
JEWELLERY THAT SHE RECEIVED AT THE TIME OF HER
MARRIAGE WAS HER PROPERTY, AND THAT SHE SHOULD
APPROACH A MAGISTRATE COURT TO VOICE HER
GRIEVANCES.
 9. SHE DID SO AND APPROACHED THE MAGISTRATE COURT WHICH
GAVE A DECISION IN FAVOUR OF HER HUSBAND, KESHAV, NOTING
THAT-THE JEWELLERY WAS KEPT IN A BANK LOCKER THAT WAS
ACCESSIBLE TO BOTH OF THEM AND BASED ON THE EVIDENCE, IT
WAS PROVEN THAT KESHAV DID NOT MISUSE OR MISAPPROPRIATE
THE MONEY HE OBTAINED AFTER SELLING THE JEWELLERY AND
USED IT TO STABILISE HIS BUSINESS, WHICH WAS ALSO IN THE
LARGER INTEREST OF THE FAMILY OF WHICH DIVYA WAS A PART.
THE COURT ALSO OBSERVED IN ITS OBITER THAT A JOINT BANK
LOCKER HELD BY THE HUSBAND AND WIFE SHOULD BE OPERATED
BY MUTUAL CONSENT. AND THERE WERE NO MORE INCIDENTS OF
ASSAULT OR PHYSICAL CRUELTY TO WIFE WHICH COULD NOT BE
PROVED. BUT IN THE PRESENT CASE THE WIFE HAD ALREADY
VOLUNTARILY MADE AN OFFER TO THE HUSBAND EXPRESSING HER
INTENT TO SELL THE JEWELLERY IN THE INTEREST OF HIS
BUSINESS.

10. AGGRIEVED BY THIS ORDER, DIVYA APPEALED BEFORE THE

HIGH COURT OF VORMIR. SHE CONTENDED THAT SHE HAD SOLE
CONTROL OVER THE JEWELLERY THAT SHE RECEIVED AS PART OF
HER WEDDING GIFTS, AND THAT THEY COULD BE USED OR SOLD
ONLY BY HER. SHE ALSO APPEALED BEFORE THE HON’BLE COURT
FOR THE PHYSICAL CRUELTY CAUSED TO HER WHICH THE LOWER
COURT FAILED TO TAKE ACTION UPON.

11.. WHILE THE MATTER WAS PENDING BEFORE THE HIGH COURT,
KESHAV AND DIVYA DECIDED TO ATTEMPT RECONCILIATION BY
GOING ON VACATION. ACCORDINGLY, THEY CHECKED INTO A
HOTEL AT 25.5.2017. HERE, THEY WERE ACCOMPANIED BY THEIR
FRIENDS KARISHMA AND HER HUSBAND, PREM. ON 26.5.2017, AT 3:15
AM, SCREAMING WAS HEARD FROM KESHAV AND DIVYA'S ROOM.
WHEN THEIR FRIENDS RUSHED THERE, THE DOOR OF THE ROOM
HAD TO BE KNOCKED DOWN AND THEY FOUND DIVYA AFLAME.
WITH THE HELP OF THE HOTEL STAFF, THEY WERE ABLE TO PUT
OUT THE FLAMES. AT THIS POINT, DIVYA WAS BARELY ALIVE AND
SPOKE TO KARISHMA STATING THAT HER HUSBAND, KESHAV HAD
TRIED TO KILL HER BY BURNING. THIS STATEMENT WAS MADE TO
KARISHMA.

12. DURING THIS, KESHAV WAS LYING UNCONSCIOUS IN THE

BATHROOM. BOTH OF THEM WERE RUSHED TO THE
HOSPITAL. AT THE HOSPITAL, DIVYA GAVE A SECOND
STATEMENT TO THE DOCTORS AND THE POLICE PERSONNEL
ON DUTY THAT SHE HAD SELF-IMMOLATED. SOON AFTER,
SHE SUCCUMBED TO THE GRIEVOUS INJURIES ON HER BODY
AND DIED.

13. ON GAINING CONSCIOUSNESS, KESHAV INFORMED THE

POLICE THAT HE CONSUMED ORANGE JUICE GIVEN TO THEM
BY DIVYA AND FELL UNCONSCIOUS ON THE NIGHT OF THE
INCIDENT. HENCE, THEY HAD NO KNOWLEDGE OF IT. THE
MEDICAL REPORTS OF DIVYA STATED THAT SHE DIED DUE
TO THE 80% BURNS TO HER BODY. THE MEDICAL REPORTS
OF KESHAV STATED THAT HE HAD HIGH LEVELS OF
OXYCAL, A POTENT SEDATIVE, IN HIS BLOOD.

14. BASED ON THE MEDICAL REPORTS, THE TWO

CONTRADICTORY DYING DECLARATIONS AND OTHER
EVIDENCE PRESENT, THE POLICE REGISTERED THE REPORT.
IN THE FINAL REPORT, THE INVESTIGATING OFFICER
MENTIONED THAT THERE WAS AN ELECTRIC SHORT CIRCUIT
IN THE ROOM AND ALSO, KESHAV WAS HABITUAL TO
OXYCAL AND COULD HANDLE EVEN HIGH DOSES OF THE
SAME. HE THEREFORE USED IT TO STAGE AN ALIBI WHILE
HAVING ENOUGH CONTROL TO SET HIS WIFE ON FIRE.
HENCE, THE POLICE FILED THE CHARGE-SHEET UNDER
SECTION 173, CRIMINAL PROCEDURE CODE, 1973.

15. AT THE SESSIONS COURT, KESHAV WAS SENTENCED TO 5

YEARS OF IMPRISONMENT FOR DOWRY DEATH, COMMITTED
UNDER SECTION 304-B, INDIAN PENAL CODE, 1860. KESHAV
CHALLENGED THIS ORDER IN THE HIGH COURT OF VORMIR,
RELYING ON DIVYA'S SECOND DYING DECLARATION GIVEN
TO DOCTORS AND POLICE PERSONNEL AT THE HOSPITAL.
16. THE HIGH COURT CLUBBED BOTH APPEALS AND THE
FINAL HEARING FOR THE SAME IS SCHEDULED ON 27TH
FEBRUARY 2022.

*ALL LAWS ARE PARI MATERIA TO THE LAWS

APPLICABLE IN INDIA.

 ISSUES -
1. WHETHER THE PRESENT
CLUBBING OF PETITIONS IS
MAINTAINABLE OR NOT?

2. WHETHER THE SENTENCE

AWARDED BY THE SESSIONS
COURT ON THE BASIS OF SINGLE
DYING DECLARATION IS
JUSTIFIED IN THE EYES OF LAW?

3. WHETHER THE ORDER PASSED

BY THE MAGISTRATE IN TOTO IS
GOOD IN LAW?