3rd National Moot Court Competition 2019
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3rd National Moot Court Competition 2019

1. Aims and Objectives

With successful National Level Moot Court Competitions held during last two years and looking to the demand of Law Centers in the country, RNBGU has undertaken to organize 3rd Seth Jagannath Bajaj Memorial RNBGU National Moot Court Competition. A legal problem facing the country at present has been made a subject to increase the legal acumen of the student of Law. A further objective is to sharpen the academic and professional excellence in the law students. The rights of the citizens of India and the sprit to protect the national interests by moving the judicial tribunals would develop in the legal fraternity. The competition also aims to provide an opportunity for law students to exhibit their skill, increase legal awareness and the skills of advocacy.

2. Schedule

EVENT DATE
Last Date of Receipt of Registration form and Fees 15 January, 2020
Last Date of Submitting Soft Copy of Memorials 20 January, 2020
Last Date to Receive Hard Copies of Memorials at RNBGU 25 January, 2020
Dates of Event 1 February to 3 February, 2020

3. Moot Proposition

Before the Supreme Court of Zambu Deep

State of Van Pradesh and others v. Union of Zambu Deep and others
(Appeal against the orders of Zambu Deep National Green Tribunal)

1. The Union of Zambu Deep is a sovereign Democratic Federal Republic in Asia. It has all the laws similar to India. The State of Van Pradesh is one of the Unit States of the Union of Zambu Deep. It has a distinct status under its Constitution.

2. Various appeals have been filed challenging various orders passed by Zambu Deep National Green Tribunal (hereinafter referred as ZDNGT), wherein several directions were issued, measures to be taken to check and combat the unregulated coal mining in Tribal areas of State of Van Pradesh where coal mining resulted not only loss of lives but damaged the environment of the area. 30 coal labourers were trapped inside a coal mine at Ramgarh in the District of Krishan Nagar Hills and 15 of them died inside the coal mine. Serious complaints were made with regard to rat- hole mining operation going on in Teerth Hills in the State of Van Pradesh for last many years without being regulated by any law. In the course of rat-hole coal mining by flooding water several employees andworkers havedied. The ZDNGT admitted the application and took the view that illegal and unscientific mining neither can be held to be in the interest of people of the area, the people working in the mines nor in the interest of environment.

3. After hearing the applicant, the ZDNGT on 17.04.2014 passed an order directing the Chief Secretary of Van Pradesh, Director General of Police, State of Van Pradesh to ensure that illegal rat-hole mining is stopped forthwith throughout the State of Van Pradesh and any illegal transport of coal shall not take place until further orders passed by the Tribunal.

4. After the passing of the order dated 17.04.2014 various applications were filed before the Tribunal by different Associations and persons claiming interest in the subject matter of the application which were allowed.

5. The Tribunal noticed that there are documentson record to show that right from the year 2003, there has been serious air and water pollution in the mining areas of Van Pradesh which is injurious and has notonly resulted in degradation of environment, particularly the streams and underground water, but has also seriously jeopardised the human health. It was further noticed that Transportation of coal in an illegal, unregulated, indiscriminate and unscientific manner has resulted in serious diseases to the people.

6. By order dated 09.06.2014 while permitting the transportation of the already extracted coal lying in open near the mining sites, the Tribunal constituted a Committee for supervising such transportation. Various other directions were issued to the Committee as well as to the State and its authorities. By a subsequent order dated 01.08.2014 the Tribunal noticed that the Committee earlier constituted by order dated 09.06.2014 has failed to perform the functions assigned to it, hence, a new Committee was constituted. The Tribunal from time to time issued following directions:

I. Order dated 25.03.2015:

7. The ZDNGT noticed that the rampant, illegal, unscientific and life-threatening mining activity, particularly rat-hole mining is going on in the State of Van Pradesh for years. In spite of its order fresh mining was going on. The State of Van Pradesh has promulgated a Mining Policy of 2012 which does not deal with rat-hole mining. The State Government was directed to formulate and declare Mining Policy and Guidelines for the State of Van Pradesh to deal with all aspects of mining, which Policy was yet to see the light of the day. The order of the Tribunal has been violated by illegal mining despite complete prohibitory orders. The stand of the State for a non-compliance was its inability to comply with the direction. The Tribunal authorised the State Government to collect 10% on the market value of the coal in addition to the royalty payable to it.

II. Order dated 10.05.2016:

8. This order has been challenged by the Coal Traders and Producers Association. The ZDNGT vide its order dated 23.12.2015 had permitted transportation of coal for the period till15.05.2016. Byorderdated31.03.2016, ZDNGT refused to further extend the time for transportation and directed that after 15.05.2016 all extracted coal shall vest in the State. Aggrieved against order dated 31.03.2016 the Coal Traders and Producers Association filed an appeal before the Supreme Court, which was disposed of by granting liberty to the appellant to file application before the ZDNGT. Pursuant to the liberty granted applications were filed before the ZDNGT. By order dated 10.05.2016 applications, were dismissed. By the same order the State of Van Pradesh was directed to place on record the exact current quantity of coal and value thereof including the status of the coal lying and mined anywhere in the State of Van Pradesh as on 01.04.2015 and the exact quantity of coal lying as on 16.05.2016. The State was also directed to submit its proposal as to how the State shall deal with the coal that is vested in the State primarily for the reasons that entire coal is illegally extracted coal.

III. Order dated 31.08.2018:

9. The ZDNGT ordered that ban on rat-hole mining shall continue subject to further orders of the Court. Ban on transportation of extracted coal will also continue subject to further orders.

10. The Tribunal also deliberated on restoration of the environment and rehabilitation of the victims for which funds were available. The Tribunal constituted a Committee headed by Justice B.P. Judges’, Former Judge of the High Court with representatives from Central Pollution Control Board and Zambu Deep School of Mines, Lakshmibad.

IV. Order dated 04.01.2019:

11. Justice B.P. Judges’ submitted its report before the Tribunal on 02.01.2019. Committee’s various proceedings which were part of the report were noticed in detail by the ZDNGT. The Tribunal after considering the report of the committee and other materials on record came to the conclusion that the State of Van Pradesh had failed to perform its duties to act on the recommendation of the report of the Van Pradesh State Pollution Control Board submitted in the year 1997. The Tribunal opined that interim amount be deposited towards restoration of the environment. It ordered that having regard to the totality of factual situation emerging from the record, damages required to be recovered are not, prima facie, less than Rs. 100 Crores. Accordingly, by way of an interim measure it ordered the State of Van Pradesh to deposit Rs. 100 crores within two months with the CPCB in this regard.

12. These Appeals have been filed before the Supreme Court of Zambu Deep against these four orders of the Zambu Deep National Green Tribunal.

Issues before the Supreme Court:

I. Whether orders passed by the Zambu Deep National Green Tribunal are without jurisdiction being beyond the purview of Sections 14, 15 and 16 of the Zambu Deep National Green Tribunal Act, 2010?

II. Whether provisions of Mines and Minerals Development Regulation Act, 1957 are applicable in Tribal areas within the State of Van Pradesh, included in Sixth Schedule of the Constitution?

III. Whether for mining the minerals from privately owned/community owned land in hills districts of Van Pradesh, obtaining amininglease is a statutory requirement under the MMDR Act, 1957 and the Mineral Concession Rules, 1960?

IV. Whether under the MMDR Act, 1957 and Mineral Concession Rules, 1960, it is the State Government, who is to grant lease for mining of minerals in privately owned/community owned land or it is the owner of the minerals, who is to grant lease for carrying out mining operations?

V. Whether the power to allot land for mining purposes is vested in Autonomous District Councils?

VI. Whether the order of Zambu Deep National Green Tribunal dated 17.04.2014 directing for complete ban on mining is sustainable?

VII. Whether ZDNGT by constituting Committees has delegated essential judicial powers to the Committees and has further encroached the constitutional scheme of administration of Tribal areas under Article 244(2) and Article 275(1) and Schedule VI of the Constitution?

VIII. Whether direction to deposit Rs.100/- crores by the State of Van Pradesh by order dated 04.01.2019 of ZDNGT is sustainable?

IX. Whether ZDNGT’s order dated 31.03.2016 that after 15.05.2016 all remaining coal shall vest in the State of Van Pradesh is sustainable?

X. Whether assessed and unassessed coal which has already been extracted and lying in different Districts of Van Pradesh be permitted to be transported and what mechanism be adopted for disposal of such coal?

This Moot proposition has been formulated solely for the purpose of this competition for furthering the academic exercise.

I. Aims and Objective

The principal objective of the 3rd SETH JAGANNATH BAJAJ MEMORIAL RNBGU NATIONAL MOOT COURT COMPETITION is to provide a real-life experience cum training in doing cutting edge research and to give exposure to students pursuing the law course to the environment of the court system in India and enhance their advocacy skills by presenting ground breaking arguments.

II. Date and Venue

The 3rd Seth Jagannath Bajaj Memorial RNBGU National Moot Court Competition will be held from 1st to 3rd February, 2020 at RNB Global University, RNB Global City, Ganganagar Road, Bikaner, Rajasthan - 334601

III. Dress Code

Inside the Court Room the participants shall be in Formal Attire:

Girls: White Salwar Kurta or Black Pant and White Shirt with Black Tie along with Black Shoes and Black Blazer

Boys: White Shirt, Black Trousers with Tie, Black Blazers and Black Shoes

A. Language

The language for the Moot Court Competition shall be English only.

B. Eligibility

Each law college / University in India shall be eligible to send one team of its regular students. The competition is open for bonafide students pursuing three-year LL.B. or five year integrated law course and they must carry their ID cards and all other necessary documents to justify their eligibility.

C. Team Composition

a. Each team shall consist of a maximum 3 members out of which two members shall be speaker and one researcher. Teams shall specify such counsels with their orders and Researchers at the time of registration and this cannot be changed later during the time of competition.

b. Each team shall be provided with a team code by draw of lots followed by exchange of memorials.

c. Team should not disclose their identity of the institutions in course of proceedings of court room. Such disclosure would lead to disqualification.

D. Rounds

a. The Rounds will be held in three stages, that is Preliminary, Semi-Final and Final.

b. The side to be represented (petitioner/respondent) shall be decided by draw of lots at different Stages during the competition.

c. Orientation and draw of lots will be on 1st February, 2020.

d. On 1st February, 2020 at 10 AM there will be the inauguration followed by the preliminary rounds.

e. Top 4 teams will qualify to the semi- finals which will be held on 2nd February, 2020.

f. The qualification to the knockout stage (Semi- Finals) will be based on the win points. In case of tie, teams with the highest aggregate of scores in the preliminaries (Inclusive of Memorial) will qualify to the Semi- Finals.

g. The Semi Final will be a knock-out round which will be evaluated only on the basis of oral arguments.

h. The Final will be held on 3rd February 2020.

Oral Rounds

a. In each oral round a team will be represented by two speakers who will present arguments. The researcher will not participate in the argument but will be seated along with the speaker during argument.

b. Passing of any notes (oral or written) to the speaker by researcher is permitted to the minimal extent. However, for doing so the Court mannerism must be followed. Otherwise, there will be negative marking for the same.

c. The order of the pleadings in each Round at all levels of the Competition shall be:

ORAL ROUNDS

Preliminary Round

a. Each team will get Thirty (30) minutes to present their case including rebuttals and Sur-rebuttals. The time excludes questioning by judges.

b. The division of time is at the discretion of the team members, subject to maximum of 18 Minutes per speaker. The division of time must be informed to the court officers/ clerks before the beginning of rounds.

c. Oral rounds need not to be confined to the issue presented in the memorial.

d. The Team member delivering rebuttal or sur-rebuttal must be one of the two team members who argued during the team’s main argument, the team need not indicate prior to rebuttal or sur- rebuttal which of its two eligible members will offer rebuttal or sur- rebuttal.

e. A team’s oral pleadings shall not in any way be limited to the scope of the team’s memorial. The scope of the Petitioner’s rebuttal shall be limited to responding to the Respondent’s primary oral pleadings, and the scope of the Respondent’s sur-rebuttal shall be limited to responding to the Petitioner’s rebuttal. If the Petitioner waives the rebuttal, there shall be no sur-rebuttal. No legal issues which were not addressed in the primary pleadings may be raised in the rebuttal or sur-rebuttal.

Semi- Final Round

a. Each team will get Forty-five (45) minutes to present their case including rebuttals and sur-rebuttals. The time excludes questioning by judges.

b. The division of time is at the discretion of the team members, subject to maximum of 25 Minutes per speaker. The division of time must be informed to the court officers/ clerks before the beginning of rounds.

Rest of the rules for this round will be same as of the preliminary round.

Final Round

a. Each team will get Forty-five (45) minutes to present their case including rebuttals and sur-rebuttals. The time excludes questioning by judges.

b. The division of time is at the discretion of the team members, subject to maximum of 25 Minutes per speaker. The division of time must be informed to the court officers/ clerks before the beginning of rounds.

c. Oral round need not to be confined to the issue presented in the memorial.

d. Rest of the rules for this round will be same as of the semi- final round.

E. Registration

1. Registration Fee-

i. Rs. 4000 (Rupees Four thousand only): With accommodation in single room, during the period of competition, food, pick up & drop from airport/Railway station /Bus stand, and any other facility provided by the university, to its discretion.

ii. Rs. 1500 (Rupees one thousand five hundred only): without accommodation.

2. The registration fees can be paid through Demand draft, online transfer or via paytm. The draft should be drawn in the favour of RNB GLOBAL UNIVERSITY Payable at BIKANER. Registration fees can also be deposited online in the account of university. Account detail is –

Name of A/c Holder: RNB GLOBAL UNIVERSITY, payable at NEW-Delhi,
A/c No: 50200019269252, Bank: HDFC, IFSC Code: HDFC0000933

OR

Pay by Paytm at Mobile Number 7238034445

3. The registration form completed with all team details must be submitted online on or before 15th January 2020 and also sent to the RNB Global University on or before 18th January, 2020.

4. Teams shall post the hard copies of the filled registration form along with the original draft by 15th January, 2020 to Registrar, RNB Global University, RNB Global City, Ganganagar Road, Bikaner, Rajasthan 334601.

5. No subsequent change in the team composition shall be permitted unless any unavoidable circumstance demand so.

6. We have planned to entertain a maximum of 16 teams only. In case the number of participating teams falls lesser than 8, the Moot Court Competition may not be held, and in such an event, the registration fee of all the registered teams will be returned. Decision in this regard is the sole prerogative of the Organizing Committee.

F. Code of Conduct

1. Each team will be designated a team code after the registration.

2. Teams shall not disclose their identity or name of their institution or city etc.

3. Such disclosure shall invite penalties including disqualification. The decision for the same shall be at the discretion of the Organizing Committee.

4. All participants are expected to maintain the decorum in the Court during the competition and are expected to conduct themselves in a manner befitting the legal profession.

G. Memorials

1. Each team must prepare memorials from both the sides to the case.

2. Once the memorials have been submitted, no revision, supplements or addition will be allowed.

3. Soft copy of the memorials from both the sides must be sent through the email to MCCRNB@RNBGLOBAL.EDU.IN, latest by 20 January, 2020.

4. Each team shall submit six (6) hard copies of the Memorials, and one copy on CD shall be submitted to the Organizing Committee, of the RNB GLOBAL UNIVERSITY, Bikaner, Rajasthan latest by 25 January, 2020.

5. Late submission of memorial will attract (-1) point penalty for each delay for each memorial.

6. Memorials must be submitted on typed A 4 size paper with 1.5 space in 11-point Times new Roman, printed on one side and must contain:

  • Cover Page
  • Table of Contents
  • Index of Authorities
  • Statement of Jurisdiction
  • Statement of Facts (2 page only and submission of argumentative statement of facts will attract penalty)
  • Statement of issues
  • Summary of Arguments
  • Arguments Advanced (15 Page)
  • Prayer
  • The argument must not exceed fifteen (15) pages.

7. Memorials should be in Spiral/Hard binding only. Use of cellophane/ plastic sheets will not be allowed.

8. Page numbering should be at the bottom middle of each page.

9. Sides must be mentioned in the memorial in the header.

10. Paper Cover must be placed on brief with relevant information.

11. The memorial from petitioner’s side must be having blue colored cover page and Red in case of respondents. All hard copies of memorials have to be printed in A4 size paper.

12. The cover page must state the following

  • Name of the Court
  • Name and year of the Competition
  • Cause Title
  • Identify Brief (i.e. Memorial for the Appropriate Side of the Case)

H. Citation Format

The Memorials shall use Standard Indian Legal Citation, for formatting of all cited authorities. Speaking Footnotes or endnotes are not allowed.

I. Disqualification and Penalties

a. Cheating, Intimidation and Misconduct

1. Cheating or using of unfair means of any kind is strictly prohibited and if found to be indulged in, shall result in disqualification of the team.

2. Intimidation in any form is prohibited, and if found to be indulged in, shall result in disqualification of the entire team.

3. Misconduct, whether behavioral or otherwise, is not allowed, and if found to be indulged in, shall result in disqualification of the entire team.

b. Court Manners (Oral Arguments)

1. Any form of communication found to be between the Bar table and any person other than those on the Bench is prohibited, and if indulged in, will result in a penalty point.

2. Submission of any written material other than the memorials, compendium and any other documents related to the proposition in hand to the Bench prior to, during or after the oral arguments, is not allowed, and if found to be indulged, in will result in a penalty point.

3. Failure to deliver an oral argument shall be considered to be a disqualification.

c. Scouting

1. Speakers, a reserve or persons affiliated with the team, will not be permitted to observe the arguments in any court room in which the team is not one of the contesting teams whilst the team is still in the competition. Scouting by any team will result in disqualification.

2. Any team can file written complaint with the Organizing Committee, regarding a case of scouting and this committee's decision will be final and binding.

3. The researcher will be seated with the speakers at the time of arguments and shall not attend the court session of other teams participating in the competition.

J. Marking Criteria

Oral Round (For Mooters)

The judges would assign marks to each individual speaker out of Hundred (100) marks. The team score would be the average of the total marks for oral presentations of the 2 speakers out of Hundred (100) marks. The following shall be the Marking Criterion and the Marks allocated to each category

1. Knowledge of Law (30)

Excellent (25- 30 pts); Very Good (21- 24 pts); Good (16- 20 pts); Average (10- 15 pts); Poor(Below 10 pts.)

2. Application of Law to Facts (25)

Excellent (21-25 pts); Very Good (18-20 pts); Good (15-17 pts); Average (10- 14 pts); Poor(Below 10 pts.)

3. Ingenuity and Ability to Answer Questions (30)

Excellent (25- 30 pts); Very Good (21-24 pts); Good (16-20 pts); Average (10- 15 pts); Poor(Below 10 pts.)

4. Style, Poise, Courtesy and Demeanor (10)

Excellent (9- 10 pts); Very Good (7- 8 pts); Good (5 -6 pts); Average (3 -4 pts); Poor (Below3 pts.)

5. Time Management and Organization (5)

Excellent (5 pts); Very Good (4 pts); Good (3 pts); Average (2 pts); Poor (1 pt.)

For Best Memorial

The memorials shall be assessed by a Committee of Judges and every memorial will be marked out of total Hundred (100) marks and the Team Memorial will have the average total of both the sides (Petitioner/Respondent). The Marking Criteria and the Marks Allocated to each Category are listed:

  • Knowledge of facts and law (Max 20pts).
  • Presentation and Organization (Max 20pts)
  • Depth and use of research (Max 20pts)
  • Clarity of thought &Originality (Max 20pts)
  • Citation of sources (Max 10pts)
  • Grammar and Style (Max 10pts)

For Best Researcher:

Best Researcher will be decided based on following:

  • Researcher Interview
  • There will be an interview to select the best and second-best researcher of the moot court competition.
  • For the Best and Second-Best Researcher, the judging criteria shall be inclusive of the marks secured for the memorials added to the average of marks they secure during the interview.

K. Awards

  • Winner Team: Rs. 21,000 + Trophy + Certificate
  • Runner Up Team: Rs. 11,000 + Trophy + Certificate
  • Best Memorial: Rs. 5100
  • Best Speaker: Rs. 1100 + Trophy + Certificate

Note: The Cheque of the Prize Money of the winning Teams will be sent to the Head of the institution. If Participant teams are less than 16(Sixteen) than the prize money would be reciprocated according to the number of team participated.

L. Announcement of Results

  • The results of the preliminary round shall be announced shortly after the rounds on 1st February 2020.
  • The results of the Semi- Finals shall be announced shortly after the rounds on 2nd February 2020
  • The Winners of the competition will be announced during the Award Ceremony (Valedictory Function) on 3rd February 2020.

M. Anonymity

  • Student counsel may introduce him/herself to the court in the usual manner and may also state their names. However, the team's law college, affiliation may not be mentioned at any time before award ceremony.
  • Further all team member, coaches, advisors and observers shall refrain from identifying team's school/college at any time in any manner including, but limited to, wearing any identifying items, such as, badges, blazers, or pins carrying identifying material (such as books with college logo or seal)

N. Copyright

The copyright over the memorial submitted for the participation in the competition is assigned by the participant and also vest and fully in the RNB Global University. The participant shall certify in writing the originality of the material contained therein and shall be responsible for any claim or dispute arising out the further use and exhibition of these materials.

Further use and exhibition of these material, electronically or otherwise, shall be the exclusive right of the RNB Global University and they shall not be responsible for any liability to any person for any loss caused by errors or omission in the collection of information, or for accuracy, completeness, or adequacy of the information contained in these materials.

Distribution of these materials on affiliated websites such as RNBGU's Website https://www.rnbglobal.edu.in/ does not consent to the any use for commercial redistribution either via internet or using some other form of hypertext distribution. Links to the collection or individual pages in it are welcome.

O. Accommodation and Food

The team of Three (3) participants shall be provided accommodation in a single room, by the University for the duration of the competition only (maximum 3 days). Any additional member other than the registered team member shall not be entertained during the competition. In case there is/are any female participant in any team, they will be accommodated in girls' hostel. Otherwise, accommodation will be provided on "One Team in One Room" basis.

ALL RIGHTS RESERVED TO THE ORANIZER
Best wishes!!

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