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School of Law

Ajeenkya DY Patil University

Pune

2nd National Moot Court Competition

(2nd NMCC) 2019

8th February 2019

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About the University

A Grand Tradition of Excellence

Ajeenkya DY Patil University offers the best undergraduate and postgraduate programs in

unique areas, linked to exemplary 'ADYPU Student Experience', which is supported by excellent

facilities and highly motivated teaching staff.

As future economic, financial & social paradigms evolve, the Ajeenkya DY Patil University is

gearing up to new challenges & exploiting vibrant possibilities for growth through single-

minded focus on innovation.

We apply innovative thinking across our activities, now and for the future. We continue to

develop effective capabilities to respond flexibly and quickly to the changes by employing

innovative solutions in our internal processes as well as external offerings.

Ajeenkya DY Patil University, Pune has been established under Maharashtra Govt. Act of 2015

of Government of Maharashtra.

Our mission is to graduate well-educated students who are prepared to meet the challenges of

a rapidly changing, increasingly complex world, and to contribute to the betterment of the

world.

About the University

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About the School of Law

The Ajeenkya DY Patil University, School of Law is a special place. We are committed to impart

exceptional legal education, which is an impeccable combination of academic rigor and hands-

on practical experience.

The School of Law welcomes passionate and highly motivated students to join us and explore a

pathway towards a rewarding and satisfying career.

A highly innovative curriculum ensures substantive preparation in law and lawyering skills in the

context of evolving society and polity. The curriculum covers every aspect of modern law

practice and strives to develop legal reasoning & argumentation, critical analysis, and ability to

make sound and ethical judgments. You will gain a broad and general understanding of how

legal institutions function and how to build relationships through service. As our student you

will have numerous opportunities to learn from leading legal scholars.

This innovative approach will prepare students to pursue careers at the intersection of law and

business. At the end of the course, our students will be in a position to advise, create and lead

ventures that drive the innovation economy.

Date, Time & Venue –The Competition is on Friday, 8th February 2019. Participant should

report at the ULC Building, Ajeenkya DY Patil University School of Law, DY Patil Knowledge City,

Charholi Budruk, Via Lohegaon, Pune - 412105, at 8:30 a.m., before the commencement of the

competition. (If any change in the date of the Competition, it will be informed well in advance).

Address for Correspondence: University Learning Centre (ULC), School of Law, Ajeenkya DY

Patil University, DY Patil Knowledge City, Charholi Budruk, Via Lohegaon, Pune – 412105.

About the School of Law, ADYPU

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Rules of ADYPU School of Law National Moot Court Competition- 2019

1. Registration Fees - A nominal Registration Fee for per team (Two Mooters and one

Researcher) is INR 1,500/- The Registration Fee must be submitted by Demand Draft

drawn in favour of “The Registrar, Ajeenkya DY Patil University Pune”

2. Eligibility - Competition is restricted to bonafide regular students of Law school/

College/ University. All participants must be students of law course either 3 years or 5

years in the academic year 2018-19

3. Team members-Each college is required to send a team (Consisting of three Students)

one for the Petitioner / Appellant, one for the Respondent and one Researcher. The

names of the team members (bonafide students) should be communicated in writing

(i.e. in Registration Form given in Annexure I) by the concerned authority, on or before

10th Jan 2019. Scanned Copy of Registration Form along with DD should be mail to:

mootcourt@adypu.edu.in

4. Presentation order-The order of presentation will be on the basis of lots drawn before

commencement of the competition.

5. Code -

a) The arguing team is not to reveal the name of their College either while arguing or on

the written submission.

b) The Student must carry with them the photo Identity Card duly signed by the

concerned authority

c) All participating teams are expected to carry with themselves case laws and

authorities, books which they intend to refer along with their own copies of memorials.

d) The participants during the course of oral submissions will not be permitted to make

any audio/visual representation nor will they be allowed to use personal computers,

laptops and any other technical or mechanical device.

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6. Language - Argument shall be in English only.

7. Seating - At a time only teams which are arguing will be present in Court Room. All the

other participants will be seated at a place marked by the Coordinator of the

competition.

8. Decision - The decision of the Judges shall be final with regard to the result of the

competition and no complaints in this regard shall be entertained.

9. Rounds - There will be only Preliminary, Semi-final & Final round of competition with

one moot problem.

Sr. No Preliminary Round

Semi Final Round Final Round

1.

Time limit

Each team will have a

maximum of 15 (12+3)

minutes to present their

oral submissions.

In the Semi-final

round, each team

will get 20 minutes

to present the side

allotted to them.

In the final round, each

team will get 30

minutes to present the

side allotted to them.

2.

Criteria

of marking

Application of law relevant to the case - 20 Marks;

Advocacy and presentation skills - 15 Marks;

Court Room etiquettes - 10 Marks;

Answers to questions - 15 Marks;

Interpretation and use of facts - 10 Marks ;

Research relevant to the case - 10 Marks;

Time adherence - 10 Marks;

Overall performance - 10 Marks.

3.

Format of

The Memorials shall be typed on A4 size on one side paper with a margin

of 1.5 inches from left side and 1 inch from the other sides.

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Memorial

Submission

i) Arguments must not exceed 20 (twenty) pages

ii) Font : - Times New Roman.

Font size :- Main body 12 and for footnotes 10.

Line spacing :- 1.5

iii) The memorials shall be submitted neatly and spiral bounded in 6 (six)

copies i.e. 3 (three) copies from petitioner’s side and 3 (three) copies from

respondents side.

iv) The memorials submitted will not be returned.

v) Page numbering should be at bottom middle of each page.

vi) Covers must be placed on briefs as follows:

Petitioner: - Red color. Respondent: - Yellow color.

Note: Hard and Soft copies of Memorial to be submitted. Hard copies to

be submitted at University Campus by post. Soft copies to be sent on mail

id: mootcourt@adypu.edu.in on or before last date of submission.

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Contents

of

Memorial

Memorials: The Memorial shall consist of following:-

I) Cover page

II) Table of contents

III) Index of authorities

IV) Statement of jurisdiction

V) Statement of facts

VI) Statement of issues

VII) Summary of pleadings

VIII) Arguments advanced

IX) Prayer.

10. Prizes:-

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I. The Best team getting highest of marks will be declared as the Winner Team and will be

awarded the Trophy and Cash Prize of Rs. 10,000/- (Ten Thousand Rupees).

II. The next team getting highest of marks will be declared as the Runner Up team and will

be awarded the Trophy and Cash Prize of Rs.6,000/- (Six Thousand Rupees).

III. The Best Student Advocate on behalf of Appellant side securing highest individual

marks will be given Memento and Cash Prize of Rs. 4,000/- (Four Thousand Rupees).

IV. The Best Student Advocate on behalf of Respondent side securing highest individual

marks will be given Memento and Cash Prize of Rs. 4,000/- (Four Thousand Rupees).

V. The Best student Researcher will be given Memento and Cash Prize of Rs. 2,000/- (Two

Thousand Rupees).

VI. All the participants will be given Certificate of Participation.

VII. Declaration of result of the competition and prize distribution will be on the same day.

SCHEDULE FOR 2nd NATIONAL MOOT COURT COMPETITION (NMCC)

Sr. No. Event Time

1 Registration of the Participant Teams (Unique Code Number

will be given to the teams) 8.30 am to 9.29 am

2 Breakfast 9.30 am to 9.59 am

3 Inauguration Function 10.00 am to 10.59

am

4 Preliminary Round 11.00 am to 1.59 pm

5 Lunch Break 2.00 pm to 2.59 pm

6 Semi-Final Round 3.00 pm to 3.59 pm

7 Final Round 4.00 pm to 5.59 pm

8 Valedictory Function 6.00 pm to 7.00 pm

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DATES TO REMEMBER

1) Date of Competition – 8th Feb 2019

2) Last date for Registration- 10thJan 2019

3) Last date for Submission of Memorials – 20th Jan 2019

Dr K K S R Murthy Head, School of Law, ADYPU

Patron-in-chief, 2nd National Moot Court Competition

(2nd NMCC 2019)

FOR ANY QUERIES PARTICIPANTS ARE WELCOME TO CALL:

Faculty In-charges

Dr Samraggi Chakraborty,

7619182637 1.

Dr Vikrant Sopan Yadav,

7276591188

Student Coordinators

1. Apurv Srivastava, 8512084020 / 8700901164

2. Beethalpreet Kaur, 9730929921

3. Shubham Kalbere, 9823642569

4. Hiranmai Rao, 9168794090

5. Rutansha Pradhan, 8208895983

E-mail Id: mootcourt@adypu.edu.in

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REGISTRATION FORM (Please fill in capital letters)

Name and Address of the Institution:

Contact No. & Email id of the Institution:

Details of the Participants:

Participants Name Contact Number Mail ID Class Sign

Mooter 1

Mooter 2

Researcher

Name of Faculty In-charge with Designation:__________________________________________

Contact No. & Email id of the faculty In-charge: _______________________________________

Registration Fees:

DD No. _______________ dated: ____________ Amount of Rs. 1500/- drawn in favour of

“Registrar, Ajeenkya DY Patil University” payable at Pune.

Undertaking: We hereby state that our participation complies with the rules and regulations of

the competition.

Date: _______________ (Signature & Seal of the concerned authority)

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MOOT COURT PROBLEM

1. The Arcindia is the Sovereign Democratic Republic Country, got its Independence in

the year 1947, after a prolong battle from the Drextian. Immediately, after attaining

the Independence, Arcindia formulated its own constitution and recognized it as the

supreme law of the land. While formulating its Constitution, certain extra powers

and rights were given into the purview of Judiciary, Press, Executive, Legislature and

Right to Privacy. Moreover, in the Constitution of Arcindia the fundamental rights

and other subsequent rights of the people can be protected at the very outset.

Freedom of Press and Right to Privacy attained the separate place in the Constitution

of Arcindia and also got included in the Fundamental Rights.

2. Mr. Tenali Raman is a very famous business man of Arcindia, well known for his

political ties and extended businesses. There was also a rumor that he funded the

election campaign of the present elected government of Arcindia and also possess a

clout over the government. Mr. Tenali Raman is a father of two daughters namely as

Aishwarya Raman and Katrina Raman.

3. Ms. Aishwarya Raman recently won the prestigious Fhoding Scholarship because of

which she got an admission into the Foxford University and his another daughter

Ms. Katrina Raman is a very famous Lawyer. She has completed her master’s degree

from London College of Sharks. Moreover, because of her exemplary performance in

academia, she was also awarded with a full funded scholarship from Government of

Arcindia, for doing her master’s degree. Currently, she is practicing in the Hon’ble

Supreme Court of Arcindia. Apart from this, she is also an empaneled lawyer of

various government departments. Mr. Tenali Raman is also a chairman of the very

famous Women Helpline NGO which provides various kinds of Pro-Bono Services

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for the betterment of Women in the Society. Many a times government also

recognized his tremendous services towards the society and awarded him for the

same.

4. On one fine day, dated 21-03-2018, the very famous news channel Sooryavansham

TV, telecasted a breaking news with the heading, “Mr. Tenali Raman, one man with

many women”. In that news show, Sooryavansham TV showed many private and

obscene pictures of Mr. Tenali Raman with other women. Aggrieved by which, on

very next day, Mr. Tenali Raman lodged a FIR against Sooryavansham TV and also

filed a formal complaint before the Ministry of Information and Broadcasting.

Meanwhile, Sooryavansham TV has already telecasted that show 3 times in their

news channel. It is also pertinent to note that, that particular show received highest

TRP of all time in that week.

5. It is pertinent to mention that, almost 5 years ago Ms. Katrina Raman, daughter of

Mr. Tenali Raman, filed a case against Sooryavansham TV before the IB Ministry,

because one of their journalist clicked a picture of Ms. Katrina Raman with a famous

Bollywood actor Ranbeer Kannojia and broadcasted it with a heading “New love

couple in B-Town?”. Resultantly, after reading the news fiancé of Ms. Katrina

Raman, Mr. Salman Verma, who is a famous American Actor, broke up his

marriage with her. Later on, it was found that, it was just an assumption made out

by the news channel. Resultantly, Sooryavansham TV was ordered to scroll an

apology for 24 hours for next 7 days.

6. However, show cause Notice was issued against Sooryavansham TV alleging the

broadcast of the program appeared to have maligned Mr. Tenali Raman contrary to

the provision of the law and it was given an opportunity to present its case before the

committee. Whereas, on the day of appearance, Sooryavansham TV stated that, they

received a parcel from the third party containing a video clip of Mr. Tenali Raman

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and by keeping general interest of public in mind, they run that news in their news

channel.

7. Committee didn’t look satisfied with the arguments presented by the news channel.

However, after giving few thoughts upon the present case, it simply imposed a

blanket ban on the Sooryavansham TV for 10 days with immediate effect stating that

the evidences produced by Mr. Tenali Raman were not sufficient, as per the

governing statute. However, news channel pleaded that they have investigated

regarding the falsity of the news and it emerged as a true story. Hence, it was the

important news in the interest of public.

8. On very next day, this arbitrary action of committee attracted many criticisms from

across the globe. Some newspaper even printed that, Mr. Tenali Raman used his

clout to ban Sooryavansham TV as he is a reputed businessman with an immense

political tie. There was also a rumor in the air that, one person among the committee

member was a relative of Mr. Tenali Raman. Moreover, one scholar also wrote an

editorial highlighting the rights of the press, which were specially guaranteed in the

Constitution of Arcindia.

9. Aggrieved by the decision of the Committee, Sooryavansham TV filed a petition in

the Hon’ble High Court of Arcindia. The present case was listed before the Court of

Justice Filan J Anthony and Justice Manuradha.

10. Justice Anthony has once written a letter of Recommendation for daughter of Mr.

Tenali Raman, which helped her in bagging scholarship. Moreover, Justice Anthony

has also once Co-authored an article “Media cannot enter into private affairs”, back

in his college days, which was recently referred by the Hon’ble Apex Court, while

pronouncing landmark judgment pertaining to linking of the Rashan Cards. By

virtue of this, Sooryavansham TV moved an application for recusal of Justice

Anthony from the present case because there is a probability that he already have

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prejudged the present matter in hand and there might be a conflict of interest as he

has written letter of recommendation for a daughter of Mr. Tenali Raman.

11. However, Justice Anthony didn’t recuse himself from the present case in hand, but

the news regarding his alleged conflict attracted high publicity and attention from the

general public and was almost covered in every newspaper.

12. While deciding the case, Justice Anthony upheld the decision of the committee

against the Sooryavansham TV and said, the act done by Sooryavansham TV is

totally contrary to the fundamental right of Mr. Tenali Raman and it clearly breaches

the Right to privacy, which is guaranteed to every citizen of Arcindia. Further, he

strongly opined that “Media should think and apply its mind before broadcasting”

and he also ordered Sooryavansham TV to pay additional Rs. 1,00,000,000 as

damages to Mr. Tenali Raman and explicitly mentioned that, for further monetary

claims, Mr. Tenali Raman is free to approach the Civil Court.

13. The decision of Justice Anthony was not appreciated by the press community.

Moreover, as per the media personnel’s, this very decision of the Hon’ble High Court

is a bad precedent, which is a direct threat to the Freedom of press. One of the

Newspaper, even cited that the monetary fine upon the news channel is just the result

of resentment of Justice Anthony because of the allegation put forth for his recusals.

14. Aggrieved by the decision of the Court, Sooryavansham TV filed an appeal against

the order of Hon’ble High Court in the apex court of the country praying.

A. That due to non-recusal of Justice Anthony from this case before the High

Court, has caused news channel grave prejudice and it is strict violation of

principle of natural justice.

B. That committee did not follow the due process of law and the decision of

blanket ban was arbitrary and untenable in law.

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C. That Sooryavansham TV did not vitiate the fundamental right to privacy of

Mr. Tenali Raman, whereas, it only performed its duty as enunciated under the

Constitution of Arcindia and Hon’ble Court was not correct while ordering to

pay further damages of Rs. 1,00,000,000.

Note-

I. Participating Teams are free to formulate issues apart from the abovementioned.

II. Participating Teams have total discretion to make additional sub-issues in any

Issue.

III. Laws of Arcindia are pari materia to the Laws of India.

IV. Courts of Arcindia have same powers as of Courts in India.

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