SHRI SHARDA BHAVAN EDUCATION SOCIETY’S

NARAYANRAO CHAVAN LAW COLLEGE

NANDED
(MAHARASHTRA)

Late Kusumtai Chavan

Memorial

8th NATIONAL MOOT COURT COMPETITION

(42nd YEAR OF MOOT COURT COMPETITION)
Saturday, 25th February 2023
Establishment Year: 1970 Phone No. Office: (02462) 253771
Post Box No. 201 Principal: (02462) 254869 Library- 250127
Shri Sharda Bhavan Education Society’s
NARAYANRAO CHAVAN LAW COLLEGE, NANDED
NAAC Re-accredited B++ Grade
(Affiliated to Swami Ramanand Teerth Marathwada University, Nanded)
E-Mail: nclcnanded@yahoo.comWebsite:www.nclawcollegenanded.org
President Secretary Principal
Hon’ble Shri Ashokrao Chavan Shri D.P. Savant Dr. V. S. Khakare
B.Sc., M.B.A. B.Sc. (Hons.) LL.M., SET, Ph.D.
Ref. No.:

To,
The Principal,
_____________________________________
_____________________________________

Sub.: Late Kusumtai Chavan Memorial 8th National Moot Court Competition,
to be held on Saturday, 25th Feb. 2023.

Sir,
Shri Sharda Bhavan Education Society’s Narayanrao Chavan Law College, Nanded in
its endeavour to enhance legal skills & augment knowledge of law, yearly organizes Moot
Court Competition. This is the 42nd year of Moot Court Competition & Since 2014 the
college has decided to make it a much bigger event & since then this will be the 8 th National
Level Moot Court Competition, which is ever known for adopting new practices.
It gives us immense pleasure to invite your esteemed institution to participate in Late
Kusumtai Chavan Memorial 8th National Moot Court Competition to be held on
25th Feb. 2023 in our college.
We request you to send a team of 02 students for participation in above captioned
competition. The Registration Form along with the moot problem and rules is enclosed
herewith. Kindly ensure that duly filled Registration form reaches us on or before
10th Feb. 2023 along with Registration Fee so as to facilitate us to make necessary
arrangements.
Your participation would be our privilege. For any information or clarification please
write us or call us.
Thank you.

Yours faithfully,

Dr. V.S. Khakare

Principal

Encl.:
1. Moot Problem.
2. Rules of Competition.
3. Registration Form.
 INDUSTRIAL ASSOCIATION VS. UNION OF INDIIA
Pollution has been in existence since time immemorial. It was in form of natural
phenomena till the advancement of human civilization. With the growth of human
population, the demand for goods and services amplified thereby contributing towards
increased levels of almost all, old and new forms of pollutants. In 1972, the United Nations
Conference on the Human Environment held at Stockholm took a serious note of changing
environmental patterns and human establishments. Since then nations throughout the world
have been trying to curb the increased levels of pollution. However, the pollutants continue
to adversely affect individual health and environment.
Air pollution, water pollution, noise pollution, medical waste, bio-hazards etc. are
some of the buzz words in the field of environmental science. Environmental Laws, Rules
and regulations and various environment protection agencies continue to operate at different
levels to control and mitigate pollution. Nonetheless, pollution stands to be emergent and
ever growing.
Recent scientific investigations demonstrate that few pollutants can hurt public health
and property at micro levels. For instance, research shows that regular exposure to particulate
matter (PM2.5) can cause untimely death or serious effect on cardiovascular system resulting
into heart attack and stroke. Competent environment protection agencies made the standards
more protective and prohibitory as new, peer-reviewed scientific studies show that existing
standards were not adequate to protect public health and the environment.
Indiia is viewed as one of the possible superpowers of the world. This potential is
ascribed to some pointers, the essential ones being its demographic patterns and rapid
economic growth. In 2015, it turned into the world's fastest developing economy with 5%
assessed GDP rate. GDP growth of the country is estimated at 21.4% for the first quarter of
FY22 exceedingly contributed by industrialisation.
Indiia, on the other hand, is also known for high levels of pollutions. Home to 22 of
the world's 30 most polluted cities; Indiia's toxic air kills more than one million people each
year. The smoggy air cloaking Indiian cities often contains dangerously high levels of fine
particulate matter. Its capital city Delhii stood to be world’s most polluted capital city with an
AQI of 349. A research shows that 2.2 million children had irreversible lung damage due to
the poor quality of the air and around 54000 premature deaths due to pollution took place in
Delhii in 2022. Other effects of pollution include- premature deaths, heart disease, chronic
obstructive pulmonary disease, lung cancer and acute respiratory infections.
 An assortment of measures are taken by the local administration, nation government
and welfare organisations for prevention and control air pollution which includes- Tree
plantation policy, ‘Red Light On, Gaadi Off’ campaign, Anti-dust campaign, Bio-
decomposer, Smog tower, Electric Vehicle Policy, Solar usage, financial support etc. Despite
all the efforts the levels of pollution seems to be steadily increasing.
Considering the threat of novel corona virus (COVID), the government of Indiia on
24/03/2020, declared nationwide lockdown thereby by restricting the movement of 1.38
billion populace and pausing the movement of all automobile and industrial establishments
except the one falling in the category of essential services. During the lockdown, the world
saw a dramatic decrease in various types of pollution and improvement in quality of air,
water, bio-diversity. The health (both physical and mental) of the general population
improved. The natural resources like air and water showed higher levels or purity and
wholesomeness. The wild life repopulated including increased number of endangered species.
Considering all the positive outcomes, some notable scientific researchers suggested that such
interventions may be used as a possible emergency measure to combat severe pollution
episodes like those witnessed in Delhii region during the summer and winter season.
Bearing in mind self-experience, suggestions and recommendations of various experts
in the field of environmental science and to curb pollution, the Dilhii Government,
considering the current state of pollution as state of emergency, passed an order under section
6(2)(i) of the Disaster Management Act, 2005. The said order intended to impose Planned
Lockdown of fifteen days, twice a year. It shall be in effect from 1st to 15th May and from 1st
to 15th November every year. Where the lockdown was restricted to polluting industries only,
regular and day-to-day activities were kept out of the ambit of this order. Where this decision
was warmly welcomed by the residents as upliftment of ‘Right to Life’ [Art. 21] enshrined
under the Constitution of Indiia, the same was profoundly criticized by industries as violation
of ‘Right to Trade and Business’ [Art. 19(1)(g)].
Aggrieved by the decision, the Industrial Association has filed a writ petition before
the Supreme Court of Indiia.
Note:
 The petitioner and respondent are at the liberty to frame the Issues (Maximum 3) and develop
arguments accordingly
 The Laws of Indiia are Mutatis Mutandis to the Laws of India.
 All the characters, events, names, places used in the moot problem are fictitious and having no
resemblance with any living or non-living person or property, and have framed only for the purpose of
this moot court competition. If it seems to be resembling, that shall be construed as a mere coincidence.
 Shri Sharda Bhavan Education Society’s
NARAYANRAO CHAVAN LAW COLLEGE, NANDED

Late Kusumtai Chavan Memorial

th
8 National Moot Court Competition
Saturday, 25th Feb. 2023

Rules for the Competition

A. Eligibility & Registration:

1. Team from Law Colleges and Universities all over India, recognized by Bar Council
of India shall be eligible to participate in the competition.
2. The members of each team should comprise of two members i.e. two mooters. One
institution is allowed to send only one entry.
3. Members of the team should be under graduate law students either pursuing 3 Years
or 5 Years law course.
4. Each team shall pay Registration Fees of Rs.2000/- by-
a) Demand Draft drawn in the name of The Principal, Narayanrao Chavan Law
College, Nanded, payable at Nanded;
or
b) NEFT/UPI/Online: Bank of Maharashtra; Current A/c No.: 20158900626;
IFSC Code: MAHB0000035.
5. The teams must register on or before 10th Feb. 2023, by sending a scanned copy of
Registration Form along with Scanned copy of Demand Draft or Screenshot of Online
payment and a covering letter at nclcnmoot@gmail.com. The original hard copy of
the registration form along with demand draft or print of online payment and covering
letter shall be sent along with the memorials.

B. Date & Venue:

1. Date of Competition : 25th Feb. 2023, Saturday.

2. Venue : Narayanrao Chavan Law College,
VIP Road, Nanded-431602 (Maharashtra)
C. Rules for the Competition:
1. The competition will be in English only.
2. The Competition will be conducted before division bench. The number of courts shall
depend upon the number of entries received for the competition.
3. The decision of the judges as to assessment of oral submissions & written memorials
shall be final & no disagreement shall be entertained in this regard.
4. The dress code for the participants shall be white shirt, black pant, black coat and
black tie.
5. The participants shall have to prepare & argue the case as if they are appearing before
the Hon’ble Supreme Court.
6. All the participating teams are expected to carry with them any case law & authorities
which they intend to refer.
7. The competition will be conducted in 2 rounds, i.e. Preliminary Round and Final
Round.

Rules for Preliminary Round:

1. In the preliminary round, each team will be allotted a team code and court room
number. The team members are required to appear before the bench as per their code
and present their case against their own companion speaker i.e. the Petitioner of a
team will argue with the Respondent of the same team.
2. Each speaker will be given time of maximum of 08 min. (7+1) for oral submission in
the preliminary rounds. There will be a warning bell after 07 minutes & a final bell
after completion of 08 minutes of commencement of arguments by the participant. If
the speaker exceeds time more than time given, except with the permission of the
judges, the team would be liable for negative marking. Since both the Speakers of a
team are arguing against each other belonging to the same institution, no rebuttal or
sur-rebuttal is permitted.
3. The marks for first round, of each individual speaker shall be computed by addition of
memorial marks & oral submission marks. The total marks will be the aggregate of
the marks given by both the judges to each participant.
4. Each team shall be assessed out of 400 marks during oral submissions (i.e. marks will
be calculated as 100 marks to each Mooter by each judge of the bench.). 50 marks for
each memorial will be separately added in order to count the merit. The marks
 collectively scored by both the speakers along with the marks scored for memorial
shall be computed for the purpose of qualifying for the final round.
5. Two highest scorer teams from each court shall qualify for the final rounds.

Rules for Final Round

1. Final round shall be presided over by a full bench.
2. Final round shall be assessed out of 600 marks (i.e.100 marks to each speaker by three
judges’ bench).
3. Two winning teams from each court in preliminary round shall be advanced to the
final round and team scoring highest mark in the final round will be adjudged as
winner team.
4. The allotment of sides of arguments and the opponent team in the final round shall be
decided by draw of lots, to be taken place at the end of preliminary round. (Please
note that, considering the time constraint no exchange of memorial is advanced during
the competition).
5. The final round shall commence immediately after draw of lots.
6. In the final round each team will argue as a team and compete against another team.
7. The teams shall argue on one common issue i.e. Is there a real and apparent conflict
between Art. 19 and Art. 21 of the Indiian Constitution in the present case?
8. The two mooters representing a University/College will argue from the same side.
The speakers may divide the argument among themselves and present accordingly.
Each team will be allotted with 8 minutes time to complete the argument and 5
minutes for rebuttal, if any (total 13 minutes). The Petitioner team shall present their
argument for 8 minutes. Then, the Respondent shall present their case for 8 minutes
and rebuttal, if any, for 5 minutes. Later, the Petitioner team shall get 5 minutes for
rebuttal against Respondent.

D. Memorials:
1. Five copies of the memorials from each side i.e. Petitioner & Respondent, in
prescribed format are required to be submitted on or before 20th Feb 2023. Memorials
shall not be accepted thereafter and team shall be disqualified from the competition.
2. Memorials shall be strictly in the format given below-
a. Title Page (1 Page)
b. Team Members & their Institutional Details (1 Page) (This page is for our
reference purpose only and will be concealed before the competition.)
 c. Table of Contents (1 Page)
d. Index of Authorities along with Bibliography (1 or 2 Pages)
e. Statement of Jurisdiction (1 Page)
f. Statements of Facts (1 or 2 Pages)
g. Statement of Issues (1 Page)
h. Summary of Arguments (1 or 2 Pages)
i. The Arguments Advanced (15 Pages)
j. Prayer Clause (1 Page)

3. Memorials should be typed & stapled with paper cover, in Blue colour for Petitioner
and Red colour for Respondent.
4. Typing of memorial should be as per specifications given below-
a. Paper Size - A4
b. Font Size - 12
c. Font Type - Times New Roman
d. Line Spacing - 1.5
e. Margins - 1 Inch on each side.
5. Specifications for foot notes are given below:
a. Font Size - 10
b. Font Type - Times New Roman
c. Spacing -1
5. Memorials once submitted shall not be returned back to the participants in any case
nor shall any amendment be allowed after submission of the memorials.
6. Teams are required to carry their own copies of memorials, books, case laws etc. for
the reference during competition.

E. Marking criteria for memorials

1. Memorial from each side shall carry total of 50 marks in preliminary rounds.
2. The following shall be the criteria for marking memorials.
Sr. No. Marking criteria Marks allocated
1 Articulate use of facts& Law 10
2 Originality of thought& Proper analysis 10
3 Grammar and Format 10
4 Extent of citation in research 10
5 Clarity and organisation 10
Total: 50

F. Marking criteria for arguments

1. Each speaker will be marked out of 100 marks by each bench judge.
2. The following will be the marking criteria and the marks allocated to each speaker by
each judge in the round:
Sr. No. Marking criteria Marks allocated
1 Appreciation and application of facts 15
2 Substance in arguments 25
3 Skills of advocacy 25
 4 General Impression, Court Manners, answer to court 35
questions and behaviour.
Total: 100

G. Prizes:
1. Best Team - Trophy and Certificate
2. Runner up Team - Trophy and Certificate
3. Best Advocate/Mooter - Trophy and Certificate
4. Runner up Mooter - Trophy and Certificate
5. Consolation Prize (Individual) - Trophy and Certificate
6. Best Memorials - Trophy to Institution

Certificates of participation shall be given to all the participants after the competition is over.

H. Other Rules:
1. All participants are expected to maintain the decorum in the court during the
competition & are expected to conduct themselves in a manner befitting the legal
profession.
2. The participants shall not be allowed to enter the court room except for their own case
presentation during the preliminary round. During the final round, only the teams
disqualified in the preliminary round shall be allowed to hear the presentations of
qualifying team’s.
3. The organizer’s decision regarding the interpretation of rules or any other matter
related to the competition will be final.
4. If there is any situation which is not contemplated in the rules, the organizer’s
decision on the same shall be final.

I. Miscellaneous:
1. Travelling allowance of the participants shall be borne by their respective institution.
2. Accommodation will be provided on advance request for outstation participants
subject to payment of Rs. 1200/- per day, to be paid along with registration fees
(maximum for two persons only). Additional members accompanying the team shall
have to make their own arrangements for accommodation.
3. Food shall be provided to the participants only during the competition (Breakfast,
Lunch & High Tea).
4. Participants should inform the organizing committee, well in advance, as to their
travelling schedule as well as date & time of arrival.
 5. The details along with the rules of competition, Moot Problem, Registration Form and
any future information, including the amendments if any, in the competition shall be
communicated to the participating teams.
6. The result of the competition & prize distribution shall be on the same day i.e. on
25th Feb. 2023.

J. How to Reach Nanded:

By Railway - Hazur Sahib Nanded Railway Station (NED)
By Air - Shri Guru Gobind Singh Ji Airport Nanded (NDC)
By Road - Nanded
Google Maps - https://goo.gl/maps/97VFgYcWAp5XFDVz8

K. Important Dates:
1. Date of Registration - On or before 10th February 2023
2. Submission of Memorials - On or before 20th February 2023
3. Date of Competition - 25th February 2023
4. Prize Distribution - 25th February 2023

Coordinator: Dr. Mangalsingh S. Bisen (8888092111)

Co-coordinator: Dr. Mahesh J. Patil (9860816313)

Note: In case of any query please contact preferably between 11.00 AM to 1.00 PM or
mail us at nclcnmoot@gmail.com.
 Shri Sharda Bhavan Education Society’s
NARAYANRAO CHAVAN LAW COLLEGE, NANDED

Late Kusumtai Chavan Memorial

th
8 National Moot Court Competition
25th Feb. 2023

REGISTRATION FORM
Name of the Institute : ___________________________________________________
Address of the Institute: ___________________________________________________
___________________________________________________
Institute Email/Website: ___________________________________________________
Description of D.D.: No._______________ Bank ___________________Date________Or
NEFT/UPI/Online: Transaction ID______________________________ Date__________
Accommodation: Required Not required No. of Days: _________
1. Name of the Speaker 1
(Petitioner)
Class Photo

Address

Contact No.

2. Name of the Speaker 2

(Respondent)
Class Photo
Address

Contact No.

* Photographs should be signed

by the Mooter. Further, the
Principal / HOD shall certify that
the two mooters are bonafide Signature and Seal of the Principal /
students of the Institution. Head of the Institution
 Shri Sharda Bhavan Education Society’s
NARAYANRAO CHAVAN LAW COLLEGE, NANDED

Late Kusumtai Chavan Memorial

8th National Moot Court Competition 25th Feb. 2023

SCHEDULE

1. Formal Registration & Breakfast 7:15 AM

2. Commencement of Competition 8:00 AM

3. Formal Inaugural Ceremony 10:00 AM

After
4. Resuming the Preliminary Round (If required)
Inaugural Ceremony

5. Lunch Break 1:00 PM to 2:00 PM

6. Results Of Preliminary Round And Draw Of Lots After Lunch

7. Final Round 2:30 PM to 5:30 PM

8. High Tea 5:30 PM

9. Valedictory & Prize Distribution Ceremony 6:00 PM

NOTE:
 The above schedule is subject to change according to circumstances.
 The announcement of team code and formal orientation shall be conducted at 8:00 PM
on 25th Feb. 2023.
 The competition is likely to conclude by 08:00 PM.
 Participants are advised to book their ticket or make their travel accommodation
accordingly.
 Please ensure that you pay/have paid sufficient amount towards accommodation charges.
 Please note that, food shall be provided only on the day of competition.
 The accommodation shall be made available as on 24-25 Feb. 2023 only. Additional stay
shall cost extra charges which shall be endured by the team.