2nd Nani Palkhivala Memorial

Intra - UILS Moot Court

Competition, 2024

Apr. 17th-19th, 2024

Organized by
Moot Court Society, UILS
Department of Clinical Legal Education, UILS
Chandigarh University, Mohali
 TABLE OF CONTENTS

CONTENT Page No.

MESSAGE FROM THE DESK OF EXECUTIVE DIRECTOR 1

MESSAGE FROM THE DESK OF DIRECTOR 2

MESSAGE FROM THE CHAIRPERSON OF DEPARTMENT OF 3

CLINICAL LEGAL EDUCATION
MESSAGE FROM HEAD OF THE DEAPARTMENTS 4-6

ABOUT CHANDIGARH UNIVERSITY 7

ABOUT UNIVERSITY OF LEGAL STUDIES 7

ABOUT MOOT COURT SOCIETY, UILS 8

ABOUT 2ndNANI PALKHIVALA MEMORIAL INTER- 8

DEAPRTMENTS MOOT COURT COMPETITION, 2024
OBJECTIVE & LEARNING OUTCOMES 9

RULES AND REGULATION 10-16

ORGANIZING COMMITTEE 17-18

WINNERS OF LAST INTRA MOOT COURT COMPETITIONS 19-20

MOOT PROBLEM 21-22

 IMPORTANT DATES

PARTICULARS DATE

Release of Moot Problem 18-03-2024

Last date of Registration 28-03-2024

Last date for seeking clarification 01-04-2024

Date of releasing clarification 03-04-2024

Last date of submission of Memorial (Soft Copy) 11-04-2024

Last date of submission of Memorial (Hard 12-04-2024

Copy)
Inaugural Ceremony 17-04-2024

Researcher’s Test/Draw of Lots 17-04-2024

Preliminary Round 17-04-2024

Quarter Final and Semi Final Round 18-04-2024

Final Round 19-04-2024

Valedictory Session 19-04-2024

 From the Desk of Executive Director, UILS

It is with great pleasure and enthusiasm that I extend a heartfelt welcome to all of you
who are set to embark on the momentous journey of the 2 nd Nani Palkhivala Memorial
Intra-UILS Moot Court Competition, 2024.

This event stands as a testament to our commitment to fostering academic excellence and
providing a platform for the honing of legal advocacy skills. As you step into this arena,
filled with anticipation and dedication, remember that this competition is not just a
showcase of legal prowess but a celebration of intellectual camaraderie.

The legacy of Nani Palkhivala, whom we fondly remember and honor, serves as an
inspiration for all of us to strive for the highest standards in legal education and practice.
Through your participation, you contribute to the vibrant tapestry of legal discourse, and
we are excited to witness the intellectual fervor that each one of you will bring to the
moot court sessions.

May this competition be more than a forum for competition; may it be a crucible for
learning, an opportunity to forge connections, and a space where the seeds of legal
brilliance are sown. As you engage in spirited debates, remember that you are not just
advocates but torchbearers of justice and legal acumen.

I extend my best wishes to all participants. May your arguments be eloquent, your
reasoning compelling, and your experiences during this event be enriching. Let the spirit
of fair play and academic pursuit guide you throughout this exciting journey.

May this be an experience that leaves an indelible mark on your academic and
professional journey.

Warm regards,
Prof. (Dr.) Ramanjeet Singh
Executive Director,
Management and Law Cluster
Chandigarh University, Mohali

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 From the Desk of the Director, UILS

It is with great pleasure and excitement that due to persistent requests of the students of
UILS, we unveil the 2nd Nani Palkhivala Memorial Intra UILS Moot Court
Competition, 2024, hosted by Moot Court Society, UILS, Chandigarh University,
Mohali, has consistently aimed to provide a platform that is not only enriching but also
impartial practical experiential learning through the art of Legal Research, Drafting,
Presentation and Argument skills.

The institution's unique blend of excellence and diversity is unmatched, driven by an

unwavering enthusiasm to nurture trailblazers within the legal fraternity and beyond.
We firmly believe in the continuous pursuit of learning, unlearning, and relearning
throughout one's journey, coupled with the practice of the legal profession in adherence
to the highest ethical, moral, professional, and personal standards. This commitment is
crucial for actively engaging in societal concerns at the highest level possible.

As an institute, we recognize our collective responsibility to various stakeholders,

ensuring the delivery of services that cater to the needs of practitioners, adherents, and
beneficiaries of the law. The 2nd Nani Palkhivala Memorial Inter-Departments Moot
Court Competition, 2024 in the academic calendar and aspires to set a benchmark for
consistency, integrity, equity, and fairness.

We extend a warm welcome to all participants in this grand and impactful event. With
confidence, we believe that this endeavor will not only be fruitful but also leave an
indelible mark on the legal landscape. I, wholeheartedly and earnestly encourage all
enthusiasts to actively participate in this momentous occasion.
Prof. (Dr.) O.P.
Midha Director
University Institute of Legal Studies
2
Chandigarh University, Mohali

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Message from the Chairperson of Department of Clinical Legal Education

“Moots are the secret of our Advocacy Skills.”

Moot Court is an integral part of legal studies which nurtures the young minds for shaping
their legal research, drafting, presentation and argument skills. A genuine court scenario is put
up with students acting as councilors and utilizing evidence to present the either side of the
case.

Moot Court Society, UILS is committed to take endeavors to provide experiential learning to
the student’s aegis of Department of Clinical Legal Education, UILS by organizing flagship co–
curricular event such as Moot Court Competition at department level as well as national level.

Beside, providing the experiential learning and exposure of court room crafts, these
competitions also develop the team working attitude, leadership, organizational and situation
handling skills to the students when it comes to them as members of organizing team in
different roles.

I extend my heartiest best wishes to worthy Organizing Secretary, respected Heads of the
Departments, Faculty Coordinators, Heads and Members of Committees and Student
Coordinators for the grand success of 2nd Nani Palkhivala Memorial Inter Department Moot
Court Competition, 2024. I sincerely believe that our team work and coordination would play
a key role in success of this event.

Also, I request to the students of UILS, Chandigarh University, Mohali to participate in this
event in maximum numbers of team to be the part of this learning platform to showcase
their exceptional advocacy skills.

"Advocacy with compassion, change with impact"

Dr. Mukesh Kumar

Chairperson
Department of Clinical Legal Education,
UILS Chandigarh University, Mohali

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 Message from Head of the Department

Moot court competitions are integral to law school education, offering a practical glimpse into
genuine court procedures and honing the advocacy, research, and drafting skills demanded
by the legal profession. The University Institute of Legal Studies at Chandigarh University is
dedicated to fostering a conducive environment for student development, with its flagship event
being the Intra-moot court competition. This not only challenges university students but also
extends the opportunity to students nationwide.

The Moot Court Society at the University Institute of Legal Studies, Chandigarh University,
strives to be a recognized platform for legal education and support. With comprehensive moot
court training, experienced faculty, mentoring, and opportunities for intra- departmental,
national, and international competitions, the society nurtures the skills and talents of aspiring
legal professionals.
Committed to the growth of its students, the University Institute of Legal Studies, Chandigarh
University, actively promotes an interest in mooting culture as an integral part of the law school
experience.
Best wishes!
Prof. (Dr.) Amritpal Kaur
HOD, B.A. LL.B. (H)
University Institute of Legal Studies
Chandigarh University, Mohali

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 Message from Head of the Department

‘GORDEN TREDGOLD- Competition breeds Excellence’

True to this quote, University Institute of Legal Studies, Chandigarh

University, has taken a wonderful initiative to have bi-annual Intra
department Moot Court Competitions. The competitions are meticulously
designed to foster critical thinking, teamwork and problem-solving skills by
applying their theoretical knowledge in arguing for hypothetical cases. It also
builds confidence and valuable networks with legal professionals.
Participation in such competitions provides students a competitive edge in the
legal field, making them well prepared for a successful career in law.
Best wishes!
Prof. (Dr.) Radhika Dev Varma Arora
HOD, B.COM. LL.B. (H)
University Institute of Legal Studies
Chandigarh University, Mohali

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 Message from Head of the Department

I extend a warm welcome to each of you as we embark on an intellectual journey with our 2nd
Nani Palkhivala Memorial Inter-Departments Moot Court Competition. This event is not
merely a contest; it is a celebration of legal acumen, critical thinking, and effective advocacy.
As the Head of the Department, I am delighted to witness the enthusiasm and dedication that
each participant brings to the courtroom.
Moot court competitions serve as a cornerstone in legal education, providing a platform for
students to apply theoretical knowledge to practical scenarios. The skills you develop during
this competition—research, oral advocacy, and teamwork—are essential attributes for any
successful legal professional. Embrace the challenges, engage in thoughtful debates, and let the
courtroom be your canvas to showcase your legal prowess.
I express my sincere gratitude to the organizing committee for their tireless efforts in
orchestrating this event. Their commitment to creating a platform for experiential learning is
commendable.
To the participants, I encourage you to not only focus on winning but also on the valuable
lessons this competition offers. May this experience shape your understanding of the law and
enhance your ability to navigate the complexities of the legal profession.
Wishing everyone a stimulating and rewarding Inter-Departments Moot Court Competition!

Prof. (Dr.) Hardeep Kaur

HOD, B.B.A. LL.B. (H)
University Institute of Legal Studies
Chandigarh University, Mohali

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 About Chandigarh University
Chandigarh University (CU) is a leading Indian Institution offering its students a unique
amalgamation of professional and academic excellence. The University has been accredited
with the prestigious A+ Grade by the National Assessment and Accreditation Council
(NAAC). The university also attained NIRF 27th rank in India's top universities. Chandigarh
University has become youngest and the only private university in India to bag an A+ grade
in the first cycle of the accreditation process. Ranked among Asia’s best and fastest-growing
universities, CU has coupled the experience of top industry leaders and renowned
academicians to foster a global approach, with 149th rank, Chandigarh University becomes
the youngest university to feature at the top spot in QS Asia Private Universities Rankings. A
wide spectrum of programs paired with flexibility, experiential learning and interdisciplinary
orientation emancipate our students to explore their interests and pursue dream careers. At
CU we are grooming students to be socially sensitive through intellectually challenging and
contemporary diverse culture.

About University Institute of Legal Studies

University Institute of Legal Studies, Chandigarh University, is among the top Law institutes
in North India. At UILS, we believe in combining the conventional focus on the Rule of Law
with a modern approach to problem solving and serving society at large. We encourage
students to actively pursue their dreams and equip themselves with the necessary skills and
hands-on legal experience in order to grow. Facilitating the students with an intensive and
industry-aligned curriculum, UILS equips the students with domain-specific skills and ethical
values. Real-time exposure to the Courtroom practice is exercised in the form of moot court
competitions to stimulate the critical understanding of Legal studies and impart knowledge
that is beyond academics. UILS offers 5 years of B.A. LL.B. (Hons), B.B.A. LL.B. (Hons),
B.COM. LL.B. (Hons), LL.B.(3 years), and LL.M. and Doctoral (Ph.D.) program. Apart
from this UILS has also Department of Clinical Legal Education (Legal Aid Clinic, UILS;
Moot Court Society, UILS; Debate Warriors, UILS; Quiz Warriors, UILS) and Pro Bono
Club, UILS to impart Clinical Legal Education through the art of legal research, drafting,
presentation and argument skills to the students.

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 About Moot Court Society, UILS
The Moot Court Society at UILS, Chandigarh University is a student-faculty-run
organization chaired by Dr. Mukesh Kumar, Chairperson, Department of Clinical Legal
Education, UILS that provides law students a platform to develop their oral advocacy and
argumentation skills. The organization is made up of students who are eager to enhance their
legal argument skills in a mock courtroom setting. The Moot Court Society provides law
students with a variety of options, such as inter- and inter-university moot court tournaments,
where students present fictitious legal cases to judges and attorneys. Students get the
opportunity to hone their legal research, drafting, presentation and argument skills in
competitions that simulate actual courtroom situations. Through their engagement with the
community, law students learn to gain a profound understanding of legal ideas, procedural
regulations and court room proceedings.

About 2nd Nani Palkhivala Memorial Intra-UILS Moot Court

Competition, 2024

The Inter Departments Moot Court Competition, 2024 is hosted by Moot Court Society to
inculcate mooting culture amongst the students at UILS, Chandigarh University preparing
them for National and International Moot Court Competitions. The competition brings with
itself the exposure and familiarizes with formal procedure of the courts and set them on their
journey to seek justice. The Inter Department Moot Court Competition, 2024 empowers the
students with required skills like critical thinking, communication skills, confidence that are
essential to be a successful lawyer. Mooting is an indispensable practice that acclimatizes
them with real-world court proceedings and stimulates their advocacy skills with remarkable
proficiency. It is recognized as a fundamental practice that not only acquaints participants
with real-world court proceedings but also enhances their advocacy skills with remarkable
proficiency. In essence, this competition plays a vital role in shaping the future lawyers of
tomorrow by providing them with a holistic and practical understanding of the legal
landscape.

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 Objectives and Learning Outcomes

Objectives:

 To provide exposure of Moot Court Proceeding to the students.

 To equip the students with the art of Legal Research, Drafting, Presentation and
Argument Skills to encourage them to participate in National/International Moot
Court Competition.
 To extend the practical experiential learning to develop the confidence of the students
in terms of professional skills required for a practicing advocate.

Learning Outcomes:

 The students would get conceptual and structural understanding of Moot Court.
 The student would get practical training on preparation of Moot Memorials and its
significance in Moot Court Proceedings.
 The student would get hands on experience of Legal Research Tools and learn their
use in preparation of arguments.
 The students would be able to develop their attitude through legal professional skills
required for a practicing advocate.

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 Rules and Regulations
1. Team Composition

a. Each team should consist of 3 members (2 Speaker and 1 Researcher). This number
cannot be modified under any circumstances.
b. There shall be 2 speakers and 1 researcher designated for each team. The researcher shall
be allowed to argue with prior permission of the court and Administrator in case of illness
of the designated speakers.
c. Each team will be provided a team code during orientation. Teams should not disclose the
identity of their institution; such disclosure shall invite penalties including
disqualification. The decision for the same shall be at the discretion of the Chief Patron.
d. Member Swapping: Not Allowed.

2. Registration
a. Online registrations are open from 18th March, 2024. The teams must register online by
28th March, 2024. Teams will have to register online at:
https://forms.gle/zwbdEgDSVngCjQdm7 There is no limit for number of teams to
participate in the competition.
b. No temporary registration requests will be entertained. Kindly refrain from sending such
requests to University Institute of Legal Studies, Chandigarh University.
c. No registration fees.
d. Participants will receive an acknowledgement on successful submission of registration on
their respective mail id. Participants will receive an approval as acceptance of their
request for participation latest by 28th March, 2024 or earlier.
e. Top 20 teams will qualify for the preliminary rounds entirely on the basis on the result of
their memorial evaluation.

3. Researcher’s Test
a. The Researchers’ Test shall be conducted on 17th April, 2024.
b. Participation in the Researchers’ Test is mandatory for all Teams and failure to participate
may result in disqualification, subject to the discretion of the organizing committee.
c. Only the Researcher, as designated under the Rules of the Competition, shall write the
test and such Researcher shall not be allowed to address the Bench during the Oral
Pleading Sessions.

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d. The duration of the Researchers’ Test shall be 1 hour and it shall be in the Multiple-
Choice Question format. It carries 50 marks.
e. 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.
f. No notes, bare acts, books or any other material, or electronic aid shall be permitted
during the Researchers’ Test.

4. Format
a. The font size should be 12 (1.5 Line space) and for footnotes it should be 10 (single
space) and double space between two-footnotes. Uniform font size should be used
throughout the memorial.
b. Footnoting to conform to ILI Rules of Footnoting. Non-Compliance will result in a
penalty of 1 mark per page. Substantive/ speaking footnotes are strictly prohibited.
c. The memorial must have a margin measuring one inch on all sides of each page.
d. The page numbering should be on the top right side of each page.
e. Covers must be placed on briefs as follows:

Petitioner: Light Blue Color; Respondent: Light Red Color.

f. The cover page of the memorial must state the following;

1. The cause title;
2. Identify brief as Petitioners / Applicant / Respondents as is applicable;
3. Team Code (on the top right corner).
4. No page number shall be given to front page.

g. The teams must share a separate paper book (compendium), which will carry all the
annexure and case laws that have been referred to in the memorial. The paper book will
have a white cover.

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5. Memorials

The following requirements for memorials must be strictly followed. Non-conformities will
be penalized:

1. Each team must prepare memorials for both parties to the dispute (Petitioners and
Respondent).
2. Soft copy of the memorials in .pdf format must be mailed to Mail ID:
[email protected]. Late submissions will not be entertained after the due
date.
3. Once the memorials have been submitted, no revisions, supplements, or additions will be
allowed.
4. The memorials have to be submitted on typed A 4 size paper printed on one side and must
contain:
 Table of Contents
 Abbreviations
 Index of Authorities
 Statement of Jurisdiction
 Statement of Facts
 Statement of Issues
 Summary of Arguments
 Arguments Advanced
 Prayer

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6. Oral Round
Preliminary Round & Quarterfinals:

a. Each team will get a total of 30 minutes to present their case. This time will include
rebuttal and sur-rebuttal time.
b. Preliminary round will be held on 17th April, 2024 and Quarter finals will be held on 18 th
April, 2024;
c. The division of time is at the discretion of the team members, subject to a maximum of 15
minutes per speaker. Division of time shall be informed to the court officer before
arguments begin.
d. The oral arguments shall be confined to the issues presented in the memorials.
e. Passing of notes to the speakers by the researcher during the rounds is allowed. It is
however to be done discreetly so as to not to disrupt the court proceedings

Semifinal& Final

a. Each team will get 45 minutes to present their case that will include rebuttal and sur-
rebuttal time
b. The division of time is at the discretion of the team, with a maximum of 25 minutes per
speaker.
c. The oral arguments need not be confined to the issues presented in the memorials.
d. The researcher shall sit with the speakers at the time of the orals.
e. Semifinal rounds will be held on the 18th April, 2024.
f. Final rounds will be held on the 19th April, 2024.

Results

Results of the preliminary rounds shall be announced after the completion of rounds of all
the teams. Similarly, the results of the Quarter-Final/Semi-Final Rounds shall be
announced after completion of the rounds of all qualified teams of respective rounds. The
results of the Final Round shall be announced during the Valedictory Ceremony.

Scouting

Teams will not be allowed to observe the orals of any other teams. Scouting is strictly
prohibited. Scouting by any of the team members shall result in disqualification.

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 Scoring

Orals:
The parameters for judging the oral presentation on a scale of 0 – 100 points are:

a. Knowledge of facts (5 marks);

b. Logic and reasoning (10 marks);
c. Dress Code (10 marks);
d. Organization and clarity (5 marks);
e. Persuasiveness (10 marks);
f. Deference to the court (10 marks);
g. Proper and articulate analysis of the issues arising out of facts (10 marks);
h. Understanding of the legal principles directly applicable to the issues(10 marks);
i. Ability to explain clearly the legal principles in general keeping to the time allotted(10
marks);
j. Knowledge and use of legal sources and authorities and general principles of national
law(10 marks);
k. Ingenuity (ability to argue by analogy from related aspects of law)(10 marks).

Written Submissions (Memorials)

a. The memorials shall be marked on a scale of 1-100 points each.

b. Any revisions, supplements or additions to the memorials after submission shall attract
severe penalties subject to the discretion of the Chief Patron.
c. Award of the points shall be based on the following parameters:
 Neatness, legibility, no typographical errors or format errors (5 marks);
 Logical progression of ideas (5 marks);
 Effective use of headings to outline arguments (5 marks);
 Understanding essential legal issues presented(5 marks);
 Focus on essential (not collateral) issues(5 marks);
 Clear, concise and unambiguous writing style (5 marks);
 Forceful and persuasive presentation (5 marks);
 Integration of facts into legal argument (10 marks);
 Understanding of strengths and weaknesses of case (5 marks);

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 Discussion of viable alternative arguments(10 marks);
 Understanding and analysis of authority(10 marks);
 Proper use of citations and citation form(10 marks);
 Effective use of authority to support arguments(10 marks);
 Ability to distinguish adverse cases(10 marks).
d. Non- compliance of the rules mentioned in Clause VII above shall attract severe penalties
(marks deduction).
e. Non- submission of compendium will attract penalty of 10 marks deduction in
every round.

7. Awards

1. Winning team Trophy + Certificate of Appreciation

2. Runner up team Trophy + Certificate of Appreciation
3. Best Mooter Trophy + Certificate of Appreciation
4. Best Researcher Trophy + Certificate of Appreciation
5. Best Memorial Trophy + Certificate of Appreciation
6. Maximum Participation Trophy + Certificate of Appreciation
In addition to the above awards, plaques and certificates are given to other categories of
winners all participants will be awarded participation certificates.

8. Anonymity

a. Student council may introduce her/himself to the court in the usual manner and may also
state her/his names. However, the team's college / institution affiliation may not be
mentioned at any time before the awards ceremony.
b. Further, all team members, coaches, advisors, and observers shall refrain from identifying
a team’s school at any time and in any manner, including, but not limited to, wearing any
identifying items, such as school clothing, ties, patches, or pins or carrying identifying
material (such as a book with a college logo, or college seal).

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9. Dress Code

All participants (Both Male and Female) shall wear Black Blazer, Black Trouser, White Shirt,
and Black Tie (Formals).
Team shall attract penalty of 10 marks deduction in case of any casualness is found in
respect to the dress code must be followed without fail.

10. Finality of Decision

The decision of the Hon’ble Judges of the Competitions shall be final and binding.

11. Copyright

a. The copyright over the memorials submitted for participation in the competition is
assigned by participants and shall also vest completely and fully University Institute of
Legal Studies, Chandigarh University in lieu of waiver of competition registration fees.
The participants shall certify in writing the originality of materials contained therein and
shall be responsible for any claim or dispute arising out of the further use and exhibition
of these materials.
b. Further use and exhibition of these materials, electronically or otherwise, shall be the
exclusive right of Chandigarh University and they shall not be responsible for any
liability to any person for any loss caused by errors or omissions in this collection of
information, or for the accuracy, completeness, or adequacy of the information contained
in these materials.
c. Distribution of these materials on affiliated websites such as www.moot.in does not
constitute consent to any use of this material for commercial redistribution either via the
Internet or using some other form of hypertext distribution. Links to the collection or
individual pages in it are welcome.

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 ORGANIZING COMMITTEE
Chief Patron
Prof. (Dr.) Ramanjeet Singh
Executive Director, Management and Law Cluster

Patron
Prof. (Dr.) O.P. Midha
Director, UILS

Organizing Chair
Dr. Mukesh Kumar
Chairperson, Department of Clinical Legal Education, UILS

Organizing Secretary
Ms. Amanat Kahlon
Assistant Professor, UILS

Advisors
Prof. (Dr.) Hardeep Kaur, Head of the Department, B.B.A. LL.B.
Prof. (Dr.) Amritpal Kaur, Head of the Department, B.A. LL.B.
Prof. (Dr.) Radhika Dev Verma Arora, Head of the Department, B.Com. LL.B.

Faculty Coordinators
Dr. Harshita Thalwal, Associate Professor, UILS
Dr. Priya Saroj , Assistant Professor, UILS
Ms. Moni Tomar , Assistant Professor, UILS
Ms. Aditi Kaushik, Assistant Professor, UILS

Organizing Student Secretary (s)

Ms. Nilakshi Khanna
Mr. Pratham Sachdeva
Mr. Rhythm Kansal

Student Coordinator (s):

Mr. Arjun Sharma Ms. Riya Omar Ms. Bhumika
Mr. Dhruv Pratap Mr. Ratan Singh Mr. Ankit
Singh Mr. Sombir Ms. Shruti Jain Ms. Anshika
Mr. Rhythm Kansal Ms. Vedanshi
Mr. Pratham Ms. Gauri
Ms. Harkeerat Kaur Verma
Mr. Vishal Khatri Ms. Ananya Handa
Ms. Himanshi

For any queries kindly contact:

Pratham Sachdeva (+91 81683-38789)
Rhythm Kansal (+91 87279-95058)
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 Committee Co-coordinator & Members

Prof. (Dr.) Renu

Transport
Discipline Committee Advertisement and Media Committee
Committee

Dr. Mukesh Kumar Dr. Vikas Bhandari

Mr. Vijaypal Singh

Dr. Naseer

Prof. (Dr.) Amritpal Kaur

Escort Committee Courtroom Committee Result Committee

Dr, Vikas Bhandari Dr. Harshita Thalwal Prof. (Dr.) Priya Saroj

Invitation Committee Registration Committee

Ms. Aditi Kaushik Ms. Vaishali

Dr. Vandana

Prof. (Dr.) Radhika Dev Varma

Arora
Hospitality
Research Committee Logistic Committee Committee
Adv. Kshitij

Ms. Rupinderjeet Kaur

Mr. Pratham Sachdeva Ms.Moni Tomar Dr. Nitin Gupta

Ms. Mansi Agarwal

Ms. Nandini Verma

WINNERS OF LAST INTRA MOOT COURT COMPETITIONS

Winners
1st Nani Palkhivala Memorial Intra- UILS Moot
Court Competition, 2024
 R
Runner -Up
1st Nani Palkhivala Memorial Intra- UILS Moot
Court Competition, 2024
 1st Runner -Up
1st Nani Palkhivala Memorial Intra- UILS Moot
Court Competition, 2024

Maximum Participation
1st Nani Palkhivala Memorial Intra- UILS Moot
Court Competition, 2024
 MOOT PROBLEM

1. Shanaya (26 years old, female) is a practicing immigration lawyer in sector 17, Karnal, Haryana;
who comes from a family of four generation of lawyers. The principles of Christianity appealed
to her and left a huge mark on her life that she decided to get baptized in the local church in
Karnal. However, for the sake of the reputation of her Hindu family, she did not change her name
and practiced Christianity in her own privacy;

2. Kabeer (30 years old, Male) is an influencer from Ambala, Haryana: his family owns a huge and
wealthy business in Agriculture across Haryana and Punjab. He belongs to the Ravidasia
community of the Sikh however; he is Hindu by religion. He is an only Child of his parents;

3. In 2007, the couple got married in Anand Karaj form of marriage, which is the marriage
ceremony of Sikhs. The couple got their marriage registered as per the provisions of The Hindu
Marriage Act, 1955 and in effect a marriage certificate was issued by the authorities. Out of this
wedlock a child was born in the year 2008; the couple lived happily in Ambala with Kabeer’s
family where his family treated her like the daughter they never had and supported her career as
well;

4. In 2012, Shanaya cleared the examination to be a Solicitor in England and wanted to start her
practice there, thus Kabeer and Shanaya along with their first born moved to England and
Kabeer’s career as an influencer grew even further due to this lifestyle change, he gained a
massive number of followers and started earning hefty money through content creation;

5. On 25th December 2013, Kabeer discovered that Shanaya has been practicing Christianity in
secret as he saw her going to church and felt betrayed, he confronted Shanaya about the same to
which she accepted the fact and she remained silent about her religious practice however, Kabeer
felt that he was lied to and they started quarrelling. In the heat of the moment, he slapped her to
which she retaliated with same force. Kabeer feeling guilty talked about the incident to his
mother and expressed regret for his own actions. His mother added fuel to the fire by saying,
“You have done right my son. This is how wives are to be treated.”

6. On 28th December, 2013 Kabeer’s mother, Mrs. Sashi called Shanaya and raged at her for
ruining her son’s life and blamed Shanaya for taking Kabeer away from her. Furthermore, she
said, “You lied to us about your religion, are you now trying to turn my son into Christian too?”
she told the same to Kabeer and started yelling at him to which he lost control on listening
accusations against his mother and he beat the living daylights out of her;

7. Upon this, Shanaya did not think twice and came back to her paternal home in Karnal, Haryana
on 1st January, 2014; After 5 months on 16th may, 2015, she filed for divorce under section 13
of the Hindu marriage act, 1955 on the grounds of cruelty along with criminal charges under
section 498A and 506 of the Indian Penal Code, 1860 against Kabeer and his mother Mrs. Sashi;
8. In the meantime, Kabeer had also returned back to India and was now residing in Gurugram,
Haryana, by himself. Kabeer simultaneously filed a reply seeking restitution of conjugal rights
under section 9 of Hindu marriage act, 1955 stating that he was appalled to find out the truth
about his wife practicing Christianity and that whatever happened between them should not end a
sacramental bond of 7 years along with that it would affect the stability of the child;

9. The case was argued in trial court of Karnal, Haryana. Wherein the court passed a decree of
divorce along with compulsory maintenance to be given to the child of 50,000rs per month under
section 125 Code of criminal procedure, 1973 and convicted mother-son duo under section 498A
and 506 of Indian Penal Code, 1860 with imprisonment of 6 months.

10. Later on, Kabeer appealed to high court seeking relief stating that such a huge amount for
maintenance is not necessary as the wife is a wealthy lawyer herself and that he could not afford
to give such amount to maintain them as well as that the criminal charges are not maintainable as
they do not fall in the definition given under 498A and 506 Indian Penal Code;

11. He also claimed the custody of their son, Shabeer, stating that his welfare and development is not
well taken by his wife, Shanaya as he stated that she did not think of the stability of the child
when she moved back to India in such a haste, changing his school, education system and
lifestyle that he grew up in, his whole life, in an instant also stating that she is a full-time working
lawyer and when they lived in England, he used to take care of the child as he would work from
home, most of the time, being a content creator; he also seeks visitation rights as interim relief
until a decree is passed.

Issues:

1. Whether or not the marriage of Shanaya and Kabeer is valid under the Hindu Marriage Act,
1955?
2. Whether or not the order of maintenance for wife and child under Section 125 of Code of
Criminal Procedure, 1973 maintainable?
3. Whether or not the conviction of husband and mother-in-law under Section 498A and 506 of
Indian Penal Code, 1860 valid?
4. Whether either of the parent can claim the custody of the child?

Disclaimer: This Moot Problem is purely hypothetical and prepared as dummy case to be
presented in Moot Court Competition for academic purposes to examine the legal research,
drafting, presentation and argument skill of the students pursuing legal studies. This moot
problem does not intend to disrespect any religion, sex, caste or group in any manner. If any
fact is found similar or incidental to real life, kindly consider as a mere incident.