Professional Documents
Culture Documents
B. M. SREENIVASAIAH MEMORIAL
2nd NATIONAL MOOT COURT COMPETITION
10 12 MARCH, 2016
No. 97, Kavi Laksmisha Road, V.V.Puram, Bengaluru-04
Email: bmscl@yahoo.in Website: bmslawcollege.org Ph: 080-26679336/26602430
FOUNDERS
FOUNDER
BMS Education Institutions
Vision
A premier institution of excellence in imparting legal education by
nurturing students to meet limitless opportunities in legal profession,
judiciary and academics; setting up new standards in legal education
by inculcating a sense of professionalism, respect for rule of law and
responsibility towards the society and to be the first choice institution of
students in India, seeking education in law by providing globalised
legal education.
Mission
To achieve this vision, the college strives to impart comprehensive
education and to achieve excellence in the legal field by creating an
environment in which every student discovers and realizes his
potential to the fullest extent so that intellectually capable Bar and
Bench can emerge in the legal field that emphasizes legal literacy and
critical thinking through humanistic approach.
IMPORTANT DATES
Last date for receipt of soft copy of Registration form
8th February 2016
along with scanned copy of the DD
Last date for receipt of hard copy of Registration form 12th February 2016
along with DD
Last date for queries regarding the problem
20thFebruary 2016
25th February 2016
Last date for submission of Memorials (Soft Copy)
Last date for submission of Memorials (Hard Copy)
Inaugural Function
Draw of Lots
10th March2016
Valedictory Function
CONTACT DETAILS
FACULTY CO-ORDINATOR
MAYILSAMY K. , Asst. Professor
Mob. +91 9663371718
E-MAIL: mayilsamybmscl@gmail.com
STUDENT CO-ORDINATORS
ARPITHA ANANTHRAM H.
NAGASHREE J. M.
KIRAN THIRUMALESH J.
ASHUTOSH K.L.
+91 7259557470
+91 9902710507
+91 8095344722
+91 8105296671
THE PRINCIPAL
(B M SREENIVASAIAH MEMORIAL 2nd NATIONAL LEVEL MOOT COURT
COMPETITION)
COUNCIL OF TRUSTEES
Trustee, BMSET,
Chairman, BMSIT
Former Additional Chief Secretary, GOK
ORGANISING COMMITTEE
Sri. K. MAYILSAMY
Asst. Prof. & Faculty Co-ordinator
MEMBERS
Smt. ANITHA D'SOUZA
Vice Principal
Asst. Prof.
Smt. S. SUJATHA
Asst. Prof.
Asst. Prof.
Sri. VEERABHADRAIAH C.
Sri. ARUN S.
Asst. Prof.
Asst. Prof.
Asst. Prof.
Asst. Prof.
Smt. SHWETHA P.
Smt. NALINI R.
Asst. Prof.
Asst. Prof.
2
/2015-16
Date:
- 2016
PRINCIPAL
MOOT PROBLEM:
In the case of
STATE OF MANDEVILLE V. STATE OF KARAK
before
THE SUPREME COURT OF KANO
1.
2.
Union of Kano, due to its geographic location, is rich in various natural nonrenewable resources such as coal and other minerals and being a tropical
country, has abundant renewable resources as Solar Energy, Hydel Energy and
Wind Energy. Union of Kano has always been promoting the use of renewable
energy. Union of Kano, now headed by NudiAdami Party (NAP) has always been
promoting the use of renewable energy and the same has been made as national
policy. In addition, Union of Kano has signed a pact with 22 countries, which
includes 3 of United Nation permanent members for generation of Solar and
Hydel Energy.
3.
Union of Kano, for the sake of administration and identification is divided into 4
zones namely north, west, east and south. The East Zone has been blessed with
flow of various water bodies coupled with favourable soil and climatic
conditions, making East Zone an ideal place to for agricultural activities in Union
of Kano.
4.
State of Karak and Mandeville are two neighbouring States in East Zone in Union
of Kano. They were reorganised based on language, which is Kilili and Mandine
respectively. Both States have made progress in industry, commerce and also
succeeded to make tourism as major source of income. The State of Mandeville
is excessively dependent on tourism and nature, because of the wildlife
sanctuary located on a vast area and which is the home of various exquisite birds,
animals and with varieties of flora and fauna alongside the border with the State
of Karak.
6
5.
Since reorganisation of the States, the two States have had stressed relation
mainly pertaining to distribution of water from the historical inter-state river
Aishani which takes birth in Jaguar Village, State of Karak and travels 800 km to
the Great Kano Sea and it's river basin covers 34,273 Sq.km in the State of Karak
and 43,856 Sq.km in State of Mandeville.
6.
Though there were series of tensions, between the two states in respect of the
distribution of water since the two States were re-organised, all the tensions
were kept under control by virtue of the State Governments remaining noncommital as the two States were ruled by the Kano Adami Party (KAP). Also, the
two State Governments were able to enter into water sharing agreement which
proposed the construction of a dam named AISHANI JAL across the border
region for the purpose of providing water to the drought prone areas in the State
of Karak in the year 1970.
7.
The political scenario in Union of Kano was rapidly changing and particularly in
State of Mandeville, a new regional political party by name MandiAdami Party
(MAP) mainly based on native Mandine, displaced KAP and formed the
Government in State of Mandeville in the year 1985 and even contested in the
State of Karak. Due to ideological differences between the two parties, the JAL
project was completely stalled. Around the same time western part of the State
of Karak was hit by severe drought claiming about 189 lives. The farmers started
protest against Government of Karak, for delaying the execution of AishaniJal
project and this turned violent leading to loss of life and property in the State.
The said day was observed as Martyrs Day. This lead to change of Government in
the State of Karak and NudiAdami Party came to power in the State of Karak.
8.
The two States resumed talks to settle the issue. The State of Karak proposed that
there is need of 7.5 TMC of water to solve the issues in western Karak, which was
not agreed to on environmental grounds by the State of Mandeville. State of
Mandeville, approached the Union of Kano for referring the matter to the Water
Tribunal consisting of both environmental and legal experts. Union of Kano
accordingly set up a Water Tribunal to resolve the issue.
9.
Note:
(Disclaimer: This problem is hypothetical and has been framed purely for academic
purpose only)
*Participants are forbidden from contacting the author under any circumstances.
Any attempt to do so will result in immediate disqualification.
8
Drafted by:
Sri. A. Mahesh Chowdhary,
Advocate, High Court of Karnataka, Bengaluru.
By the Reference of:
Prof. V.B. Coutinho,
Former Vice-Chancellor, Gulbarga University
Advisor, B.M.S College of Law
Chairman, Moot Committee, BMSCL.
The Moot Problem, Rules & Regulations and Registration Form can be downloaded
from the college website: bmslawcollege.org
RULES AND REGULATIONS
I.
II.
Dress Code:
The official Dress Code for the Competition is as follows:
Ladies: Black trousers, White shirt, Black blazer and Black formal shoes.
Men: Black trousers, White shirt, Black tie with Black blazer and formal Black
shoes.
III. Language:
The entire proceedings in the competition, written as well as oral, shall be in
English.
IV. Eligibility:
The competition is open for law students currently pursuing their Bachelor's
Degree in Law i.e. 3 Year LL.B. or 5 Year LL.B. Programme.
V. Team Composition:
Each team shall consist of 3 members. This number cannot be modified under
any circumstances. Each team shall include two orators, who will be
9
11
a) No Orator of a Team shall speak for more than 25 minutes, including the
time reserved for Rebuttals.
b) No Team shall reserve more than 5 minutes for Rebuttals.
c) No Researcher of any Team will be permitted to speak but would be
allowed to communicate with his/her team members in a discreet
manner.
d) In determining the winners in the Final round, Memorial scores of the
respective side will be added to the oral scores.
Note: The Memorial Scores of the teams shall be taken into consideration
along with oral marks in each rounds of the Competition. The equation is
explained below:
Preliminary Round: Memorial Scores + Oral Scores (to qualify for the
quarter-final rounds).
Quarter-finals:
Memorial Scores + Oral Scores (to qualify for the semifinal rounds).
Semi-finals:
Memorial Scores + Oral Scores (to qualify for the final
round).
Final Round:
Memorial Scores + Oral Scores (to decide winners).
In case of a tie between two teams in any of the rounds, memorial scores will
be taken in to consideration to break the tie.
Parameters for judging orals shall be:
1. Knowledge of facts and law.
2. Logical reasoning, Organization and Clarity.
3. Persuasiveness and Deference to the Court
4. Proper and articulate analysis of the issues arising out of facts.
5. Ability to explain legal principles clearly.
IX. Awards:
A) Winner
B) Runners-Up
C) Best Memorial
D) Best Mooter (Male and Female)
14
Trophies and cash prizes shall be awarded to the Winner, Runners-Up, Best
Memorial, Best Speaker (Male & Female). All participants shall be awarded
Certificates of Participation and the Winners shall receive Certificate of Merit.
Certificates shall be issued only after the valedictory function and for no reason
before to it.
The Prize Money shall be as follows:
A) Winner
Rs. 50,000/B) Runners-Up
Rs. 20,000/C) Best Memorial
Rs. 10,000/D) Best Mooter (Male)
Rs. 10,000/E) Best Mooter ( Female)
Rs. 10,000/X. Scouting:
1. Teams will not be allowed to observe the orals of any other team. Scouting is
strictly prohibited. Scouting by any of the team members will result in
immediate disqualification. The organizers' decision will be final in this regard.
2. The researchers shall sit with the orators at the time of the orals and shall not
attend the court sessions of any other team participating in the competition.
XI. Accommodation, Food and Transport:
1. Accommodation- Accommodation shall be provided only to the outstation
teams on the days of the competition only i.e. from10-12March 2016. It
shall be extended to the members of the team (maximum three) only.
Team/s shall be responsible for any/all damages caused by them during their
stay.
2. Food- Food shall be provided to all the teams on days of the competition.
3. Transport- Transportation between the accommodation and the college for
the participating teams shall be provided. All teams shall send their travel
plan at least 2 weeks prior to their arrival.
XII. Code of Conduct:
All the participants must behave in a dignified manner and not cause any
inconvenience to the organizers. Any participant found misbehaving with
other participants or volunteers will be disqualified immediately. Deference to
the Judges of the moot court competition must be maintained inside and
outside the Court Hall. Participants will be entirely disqualified from the
competition on the following Grounds:
15
16
The college, situated in the heart of the city, was started during the academic year
1963-64 under the aegis of the B.M.S. Educational Trust. The Trust is named after Late
Dharamaprakasha Rajakaryaprasaktha B.M. Sreenivasaiah, whose philanthropy
resulted in the establishment of the First Engineering College under the Private
Management of the State of Karnataka.
The Honorary Chairman of the Trust is Hon'ble Mr. Justice S R Bannurmath, former
Chief Justice, High Court of Kerala and Chairman, State Human Rights Commission,
Maharastra.
Dr. B. S. Ragini Narayan is the Donor Trustee and Member Secretary of the Trust. The
other Trustees are Dr. Dayananda Pai, Syndicate Member, Mangalore University and
Manipal Academy of Higher Education, Sri. K. Jairaj, Former Additional Chief Secretary,
Government of Karnataka, Sri H.U.Talwar, Director of Technical Education, Government
of Karnataka (Ex-officio).
17
Apart from BMS College of Law, the Trust runs the following highly reputed Institutions
providing education to around 12000 students in areas like Engineering, Science,
Commerce, Information Technology and Architecture.
a)
b)
c)
d)
e)
f)
g)
h)
i)
BMS
BMS
BMS
BMS
BMS
BMS
BMS
BMS
BMS
COLLEGE OF LAW
College of Engineering
College for Women
Evening College of Enginerring
Institute of Technology
School Architecture
Evening College of Arts & Commerce
Training & Research Institute
Center for Executive Education & Distance Learning
During the inception of the Law College, the Administrative Principal, Late A G
Ramachandra Rao, was the Minister for Education in the State of Mysore. His
Successors Hon'ble Late Mr. Justice E S Venkataramaiah and Hon'ble Mr. Justice M N
Venkateachalaiah, former Chief Justices of India, were in the first decade, associated
with the funding and guiding the Institution.
The College is proud to mention that Hon'ble Mr. Justice Rama Jois, former Chief Justice
of the Punjab and Haryana High Court and former Governor of State of Bihar, Hon'ble
Late Mr. Justice. H. G. Bala Krishna, former Judge, High Court of Karnataka, Hon'ble Mr.
Justice S. R. Nayak, former Judge, High Court of Karnataka & former Chief Justice, High
Court of Chhattisgarh & former Chairman of Karnataka State Human Rights
Commission, presently Chairman, Law Commission of Karnataka and Prof. Lakshmi
Sagar, former Minister of Law & Parlimentary Affairs, Government of Karnataka also
served the institution in several capacities including as members of teaching faculty.
Late A. G. Ramachandra Rao & Late Y. Ramachandra, Hon'ble Mr. Justice C.N.
Aswathanarayana Rao, former Judge, High Court of Karnataka, Hon'ble Justice R.
Gururanjan, former Judge, High Court of Karnataka, Dr. B. V. Acharya, former Member,
Law Commission of India, New Delhi and former Advocate General, Govt. of Karnataka,
Hon. Mr. Justice S. R. Bannurmath, Former Chief Justice, High Court of Kerala and
Chairperson, MSHRC served as Chairman's B.M.S. Educational Trust and B.M.S.
College of Law. Dr. B.S. Ragini Narayan, Donor Trustee, BMSET is the present
Chairperson of B.M.S. College of Law.
Late A.G.Ramachandra Rao, Hon. Justice Late E.S.Venkataramaiah, former Chief Justice
of India, Late V. Krishnamurty, Senior Advocate, Prof. Late B. Venkatakrishnappa, Prof.
Late S.V. Ramanna, Prof. T.K. Acharya, Prof. V. Narayana Swamy and Prof. R. Harish
served as former Principals.
18
Telephone No.
Email/Website
MOOTER- ONE
Name
Gender
Class
Mobile/Telephone No. :
E-mail
MOOTER- TWO
Name
Gender
Class
Mobile/Telephone No. :
E-mail
RESEARCHER
Name
Gender
Class
Mobile/Telephone No. :
E-mail
Accomodation required:
Date and Time of Arrival
Mode of Transport:
Yes
No
:
Train
Bus
Any Other
Details of Bank:
::