GUIDE LINES FOR 10THSEMESTER

PRACTICAL TRAINING PAPERS

Semester BALLB and BALLB (Hons.) of Academic
This is to inform the students of 10111
Year 2023-24 that they have to submit 5 booklets for partial fulfilment of their 10thSemester
Examination 2024 by adhering to the following guidelines: -
1. Each booklet must be the hardbound file with interleaf sheets annexed to it. The
students must write on the ruled right hand side pages ONLY.The projects must be
strictly handwritten.
2. Each booklet must be labelled as follows:
Booklet Nunnber
Full name of the Practical Training paper (e.g. for BOOKLET NO. 1 the full
name of the paper must be writtenas Practical Training Paper I-Drafting,
Pleading and Conveyance)
Name of the College
Name of the student
Semester and Year
University Roll No.
University Registration No.
College Roll No.
3. The answers to the questions so provided by the college for Practical Training Paper
I-Drafting, Pleading and Conveyance must be written in BOOKLET NO. I
4. The answers to the questions so provided by the college for Practical Training Paper
Il-Professional Ethics and Professional Accounting System must be written in
BOOKLET NO. 2
5. The answers to the questions so provided by the college for Practical Training Paper

6. The Moot Court pleadings for both parties of Civil, Criminal and Constitutional
moot problems so provided by the college must be written in BOOKLET NO. 4
7. Observationof one civil and one criminal trials in Civil and Criminal Courts
respectively, interviewing techniques and pre-trial preparation naust be written in
BOOKLET NO.5. THE INTERNSHIP CERTIFICATE MUST ALSO BE
ATTACHED WITH BOOKLET NO. 5
8. The students are also supposed to keep the records of their internship and Imaintain
those records in their internship diaries. The diaries must be carried along with the
other BOOKLETS during their viva voce.
9. The dates of submission of the projects and viva voce shall be intimated in due course
of time.
 PART B

PLEADING AND CONVEYANCE

45 Marks

l. What do you understand by "execution petition"?

2. Explain "Written Statement".
3. What is an interlocutory application?
4. What do you understand by "original petition"?
5. Write a brief note on Article 226 of the Constitution of India.
6. Explain "Complaint" under the criminal law of India.
7. Explain "memorandum of appeal".
8. Write a brief note on "criminal miscellaneous petition".
9. Explain "Conveyance".
10. Explain "equitable mortgage".
ll. Write a note on "Creation of a lease".
12. What are the requisites of a valid will?
13. Explain "Gift deed".
14. Explain "Legal and equitable trusts".
15. What is "Promissory Note"?
 PAPER 11
PRACTICAL TRAININGPAPER 11
PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM

Professional Ethics

l. Define 'Contempt of Court' with reference to the exceptions to it. What are the
different situations where a person can be charged with contempt of Court?
2. Explain the procedure and powers of the Disciplinary Committee of State Bar Council
in case of misconduct by an Advocate?
3. What are the duties of an advocate towards the Court by virtue of 'Standard of
Professional Conduct and Etiquette' laid down by BCI under the Advocates Act,
1961?
4. Discuss the rules relating to qualification, disqualification and enrolment of Advocate
with relevant case.

Bar Bench Relation

10x1=10
"An advocate shall, during the presentationof his case and while otherwise acting
before a Court, conduct himself with dignity and self-respect"-In the light of the
above observation discuss the duty of an advocate towards the COUlt.

Case Study

l. V. C. Rangaduari
V.
D. Gopalan and others.
[Civil Appeal No. 839 of 1978 dated 04.10.1978.]
P.T.O.
 2. Vijaya Singh

Murarilal and others.

[Civil Appeal No. 1922 of 1979 dated 03.08.1979.1

Accou tancy for Lawyers

1. Explain the Golden Rules of Accountancy.

2. What is Final Accounts?
What are the different components of Final Accounts?
What is the importance of Balance Sheet in an organisation?
3. Why an Advocate should have some knowledge of Accountancy?
 PAPER 111
PRACTICAL TRAINING PAPER Ill
ALTERNATE DISPUTE RESOLUTION
ANSWER ALL THE QUESTIONS

PART- A 10 x 4

ARBITRATION LAW
l. What is Arbitration? Which matters can be referred to Arbitration? Which disputes can not
be resolved through Arbitration?
2. What are the grounds on which appointment of an arbitrator may be challenged? Write
briefly the procedure of such challenge.
3. Discuss the grounds on which the Court can set aside an arbitral award. What is the
limitation period for setting aside an arbitral award?
4. What are the provisions of appeal as laid down in the Arbitration and Conciliation Act,
1996.

PART- B 10 3=30
INTERNATIONAL ARBITRATION

5. What is International commercial Arbitration? What is the significance of

International Commercial Arbitration?
6. What are the conditions for enforcement of foreign awards in India? What was the
conclusion of the New York Convention Award?
7. What are the provisions of the Geneva Convention relating to the enforcement of foreign
award? What are the circumstances in which
enforcement of a foreign award may be refused?

PART- C 10 2 -20
ARBITRATION RULES

8. What is the role of Arbitration Council of India?

9. Discuss in detail the rules of arbitration framed by the Indian Council of Arbitration?
 PAPER IV

PRACTICAL TRAINING IV

MOOT COURT EXERCISE AND INTERNSHIP

MOOT PROBLEMS

CIVIL MOOT PROBLEM

PETRO OIL CORPORATION

NATIONAL INSURANCE CORPORATION

M.V. Shazia is a Malaysian flag vessel owned by Modular Shipping Corporation (MSC).
This global shipping company is now the world's 4th largest carrier in respect of container
slot capacity and of the number of containervessels operated.Establishedin the year 1990,
MSC has a history of adopting best practices and providing proficient services, it has hence
earned immense goodwill in the shipping sector internationally which is evident from the fact
that it has a very high credit rating.

M.V. Shazia was carrying the cargoes of biodiesel owned by Petro Oil Company (POC), a
state owned enterprise in-India on a voyage between Malaysia and Mumbai. The vessel has
18 crew members including the Captain and an armed guard. 10 crew members including the
armed guard have been privy to this route only since November 201 1, however being a recent
addition to the MSC staff the Captain has been on this route only twice prior to this voyage

The Captain of the vessel in order to save time took a deviation from the normal route
between Malaysia and Mumbai. Incidentally one of the 10 crew members who are familiar
with the route fell• sick {Whenthe voyage started from Malaysia. En route the vessel was
captured on 19 August 2023, near Jaffna, Sri Lanka by Somali pirates and taken with her
crew into Somali coastal waters. The armed guard died during the capture in an encounter

When M.V.Shazia was seized, she was taken to a position off the coast at Eyl. On 20 August
2023, only a day after the seizure, one of the Malaysian shippers of the Petro Oil Company's
cargoes (which are insured with the National Insurance Corporation) sent an email saying
that MSC was already 'in negotiation with the pirates. On 26 August 2023, the insured
received a message directly from MSC confirming such negotiations. On 31 August 2023,
MSC briefed the familieS of the Malaysian crew to the effect that "the ordeal will be over in
30-40 days". On 2 September 2023, MSC issued a press release to confirm negotiations were
ongoing. On 15 September 2023, Lloyd's List reported to the Secretary of the Malaysian
Security Council that neootiations with the pirates were on going. Meanwhile, a U.S. Naval
Ship intercepted a megsåge between the Somali pirates which gave them cause to believe that
the vessel with its Crewand cargo were not likely to be released in short order as the pirates
were not såtisfied with the'ongoing negotiations.

P.T.O.
 the payment of a ransom for the release
Nggotiationsbetween MSC and the pirates for
out without any consultation with the cargo
vessel commenced Immediately, but were carried
September 2023, the MSC tried to seek
owner. Upon a communisation vide a letter dated '16
response came in regard to the same from
the opini011of the Cargotqy:nerhoweygr no official
cargoes and planned to
thq other side. Petio Oil%Company was still out of possession of its
Corporation (NIC) having its
ipiqa!e negotiations insurer, the National Insurance
regqstered Office at Kolkåtå.
account of
Thé contract for insurafice stipulated that only 80% of total loss suffered on
Das
intervention by Pifates can be compensated.Afraid by the said terms of contract, Mr.
who is authorized on behalf of Insured Company (POC) called up Mr. Bhullar who is
authorized on behalf of the Insurance Company (NIC) to amend these terms. During the
telephonic conversation, Mr. Das repeatedly requested Mr. Bhullar to increase the insurance
coverage upto 100% for losses incurred on account of Pirate intervention. Mr. Bhullar replied
in affirmative and said that this proposal would most likely be approved by his Board.
However, he further added that he will himself reply in one week time after taking approval
ofthe Board. Despite the' statements made by Mr. Bhullar, no reply was received by Mr. Das
even after passage of a full month. The contract contained amendment clause as:

"The terms and conditions of the contract can be altered or amended by the mutual consent
of the parties before coeclusion of the contract. Amendmentsto the contract can be made
either orally or in whitin ,•but the mutual consent of both the parties musl be reflected by it. "

Subsequently, Petro Oil' Company served a notice of abandonmentto NIC on 17 October

2023. On the ground that the vessel was in the custody of pirates and the loss cannot be
treated astotal loss within the meaning of Marine Insurance Act the notice was rejected, but
proceedings by agreeme'nt were deemed to have been commenced on that day.

The Pira!es were given ransom of US $2 million by MSC, Wherein upon knowledge of the
same-various eminen! legal personalities commented that the payment of ransom to pirates is
illegal and opposed to public policy.

The( veSéél,'her Cfew -•fid cargoes were released I I days later on payment of ransom. The
on 4 November 2023. Despite the delay the goods were
good it is common ground that if Petro Oil Corporationshad a
t
a !btgl los$as at 17 October 2023, the fact of the cargoes' later recovery would
not positipoi%

ihei•efore commenced proceedings against National Insurance

Pil -Corpchrqti91h('i
qqruporgtiopüfor r,y.ggthpmpftheir claim for treating the cargo as total, loss. The claim was for
Value:pf thé.éergq as on the date the claim was made. The insurancecontract
proyideq for juris_digfiongleuse. The jurisdiction clause read as:
of Courts at
"44rgyUiyute arißing' out: of this contract shall be subject to jurisdiction
KOLKATA. e"
contracting.The Petro
Thé cohfraetis goverhed by the Indian laws on maritime insurance and
Corporation by filing a
il Co@of9tion eqmmgnce_dproceedings against National Insurance
o

suit at the place where the cargo was delivered which is Mumbai after one year and two
months. Bombay High COUlt took cognizance of the matter. During the initial hearing,
argument relating to jurisdiction of the High Court was raised by Defendant Company by
relying upon the jurisdiction clause provided in the Contract. Moreover, Defendant Company
also argued that contract was never amended and even if total loss is accepted, only 80%
amount could be recovered. During the proceeding, it was found that Mr. Bhullar who was
authorized on behalf of Defendant Company has left the employment. Further, it was brought
to the notice of the Court that Mr. Bhullar during his tenure made many negligent decisions
and reply given to Mr. Das during telephonic conversation was one of such negligent acts.
Therefore, the Defendant argued that no amendment took place between the parties.

However, Court without dismissed the suit summarily on grounds of lack of jurisdiction. In
the judgment, High Court mentioned that although Plaintiff is having a strong case on merits,
but they have approached the wrong forum and it is liable to be dismissed. Appeal filed
before the Division Bench of the High Court was also dismissed in limine

Aggrieved by the decision of Bombay High Court, POC has preferred a Special Leave
Petition before the Hon'ble Supreme Court of India claiming 100% of total loss and arguing
that contract does not specifically or expressly bars the jurisdiction of Court in Bombay. The
matter is presented for hearing before the Hon'ble Supreme Court on 22nd March 2024.
CRIMINAL MOOT PROBLEM

ROBERT SILVA

ROHAN KUMAR

This story begins with a small town girl Jenifer Silva, a 25 year old model from Goa who got
shifted to Mumbai in 2015 in order to fulfil her ambitions. Initially she got certain modelling
consignments and a movie. And it was more than what she initially expected. Jenifer took a
flat on rent on shared basis with Rohan, a 28 years old struggling model and a T.V. artist.
Their relationship was not made official by either of them; however, they were often spotted
around the city by media reporters. Jenifer as a new comer got fame too quick and most of
the people around him were jealous with him. So she used to spend considerable amount of
time with Rohan, who was addicted to drugs. Eventually she found herself emotionally
dependent and attached on Rohan and afraid of being left alone, she decided to share his
finance with Rohan and not only this she transferred some of her funds to Rohan's Account
in order to build a strong foundation. But even without realising Jenifer became a part of
Drugs and other odd practices of Rohan and use to be happy and emotionally fit in doing all
this without even knowing the consequences. And one day Jenifu•'s father Mr. Robert Silva
came to Mumbai for a surprise visit, and upon entering the apartment, he saw Jenifer and
Rohan taking drugs and alcohol with two other friends Raj and Veer. And after watching all
this how can a father would have reacted, of course he forcefully took Jenifer to Goa and got
her admitted in a rehabilitation centre and after a treatment of few months she got discharged
and came back to her home in Goa and spent 6 months there only. But after 6 months her
parents let her came to Mumbai again with a promise that she will not get into any kind of
noessagain and never let them down. But the fate has his own story and how life takes a turn
and twist, no one• knows this. On the night of December 21, 2019 Jenifer came to the
apartment and asked Rohan to leave with all his belongingsand after a long discussion and
exchange of some heated words Rohan finally left the apartment on December 22, 2019 at
8:00 am. And at the same day in the evening Jenifer found dead in the apanment and Mumbai
police straight forward arrested Rohan and his friends and filed a charge sheet under section
302, 307 and 403 of IPC 1860 in the session court.
 CONSTITUTIONAL MOOT PROBLEM:

HEALTHFINE HOLDINGS, INC

STATE OF WEST BENGAL & ORS.

Healthfine Holdings, Inc is a Company incorporated under the laws of the State of Dellas,
United States of America, having its registered office in Dellasand is being represented by its
power of attorney holder Mr. Samrat Dutta, residing in Kolkata. Healthfine is a global digital
health services company engaged in building and providing a single, integrated platform of
best-in-class technologies and services essential to personalized, affordable and effective care
globally.Syed Alamis the Founder and Managing Director, the Chairman of the Board of
Directors and the key person directing the functioning of Gloval Healthcare Systems Private
Limited having its registered office in Kolkata.Ms.Sana Alam,wife of Syed Alam is a co-
promoter of Gloval, and a member of the GlovalBoD. Mr. Melli Damodaran from Delhi is
the designated mentor of Gloval. DipaMukherjee is the shareholder of Gloval and Mr.
Gourab Chowdhury is the member of the GlovalBoD, and the Chief Executive Officer
of Gloval. All the above mentioned are involved in the day-to-day management of
Gloval. Healthfinefor the purposes of business expansion expended an amount of USD
174.5 million in a company incorporated in India being Gloval, and became the majority
shareholder in Gloval. Gloval is a company incorporated, under the provisions of the
Companies Act. Healthflne holds 94.81% of the shareholdingof Gloval through a series of
transactions, which includes a Share Purchase Agreement dated 30 October 2020, a rights
issue in favour of the Healthfinedated 20 March 2021 and private placement in favour of the
Healthfinedated 17 August 2021. The commercial intent of these composite integrated
transactions was:
Healthfine shall eventually own 100%of Gloval and the signatories of the SPA shall
cooperate with the Petitioner to increase its ownership in Gloval;
Healthfine will have control over Gloval and its subsidiaries;
Healthfine will have unrestricted rights over the intellectual propenies of Gloval;
• Healthfine shall eventually repay or refinance the loans taken by debt-ridden Gloval;
ang
•Gloval shall appoint Petitioner's designees as directors of Gloval.

It is mentioned herein that :the payment- of USD 174.5 million by the Healthfine to the
shareholders of Gloval were made in multiple tranches after the execution of the SPA, with
the last payment being-made on 15 August 2022.
Glovalbecamea subsidiary of+lealthfineÆtsthe latter is the majority shareholder in Gloval.
However, soon after the last payment was made to Gloval in August 2022; Gloval started
acting against the spirit of the transactions and agreements entered. They initiated numerous
litigations (before various forums in and around Kolkata. Soon Dipa Muk'herjee filed
criminal complaints against Healthfineand its employeesdated 14 September, 2022 made
before the Commissioner of the Bidhannagar Police Commissionerate.

P.T.O.
 Report
•erill inål eomplåintAated 15 Öct0bér, 2022 based on which First Information
Station. The
(F.I.R.) was„ registered/ before the Officer in charge of Technocity Police
120-B, 379, 406,
ComplåY1!sfiledu complainanU1reidentical in nature under Sections 34,
party
419; 420 and 465 of IPC alleging that the petitioner has unauthorisedlyenteredinto third
contracts with auditorS'and undervalued the assets of Gloval, has misused its powers as
signing authority and siphoned off funds to the sum of Rs, 58,743/- and has unauthorisedly
transferred data of Gloval to its drives. The petitioner however claims that these charges were
frivolous apd werenade with an ulterior motive to abuse the process of law to resile on the
contractualcommitmentsand representation.The petitioneralso claims that as of date, in
return for the acquisition of its 94.81% ownership of Gloval, the Petitioner has expended a
total o%approximately US$ 174.5 million in gash and stock. Thus, it is absurd to think that it
would syphon fuhds from its own subsidiary that too a meagre sum of Rs. 58,743. The
pelitioner apprehended that police and state machinery is being influenced by Gloval to
coerce Healthflne 'into not asserting its legal, binding and contractual rights on Gloval. The
petitioner also alleges that the police registered the complaint of Gloval and converted the
same into First Information Report within minutes, without any document or prima facie
evidence and without cpnducting preliminary enquiry to identify any evidence. Healthfine
thereaftgr intended to lodge a Complaintagainst Gloval and its representatives for bringing
malicious charges against it. I-lowever, when the authorized representative of the Petitioner
VisitedAne Polide Station on 24 October 2022 and tried to inform the Police of the corrupt
praétices of the •officers of Gloval, he was manhandled, and officers refused to register his
complaint. The Petitioner had no other option and filed its complaint through the mode of
post and email in October! 2022, which was finally accepted and First Information Report
was registered on 07.11.2022. However, till date no investigation has been conducted by the
police so far as the complaint ofthe petitioner is concerned.

In the light of the afpresaid facts and circumstances the petitioner files this writ before the
Hon'ble High Court at Calcutta stating that further investigation or proceedings pursuant to
the: Complainant's , First Information Report will cause unjustified harassment to the
Pekitioner.The petitioner therefore prays that the instant case filed at the behest of petitioner
shöuld by a superior officer alternatively the investigation should be
tvahsferredté anipdepenßent investigating agency.

,ttv•