1st ITMU LAW SCHOOL MOOT COURT COMPETITION

14 TH -15 TH MARCH 2013

Organizedby:

MOOTCOURTCOMMITTEE ITMULAWSCHOOL Sector23A,Gurgaon122017,Haryana

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 CONTENTS
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TOPIC
ABOUTTHEORGANIZERS ABOUTCEREBRATION2013:Anideaiswhatwould makeadifference 1STITMULAWSCHOOLMOOTCOURTCOMPETITION, 2013RULES REGISTRATIONFORMFOR1STITMULAWSCHOOL MOOTCOURTCOMPETITION,2013 MOOTPROBLEMFOR1STITMULAWSCHOOLMOOT COURTCOMPETITION,2013

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AboutTheOrganizers ITMUniversity(formerlyInstituteofTechnologyandManagement)wasfounded in 1996, to promote excellence in Technical and Management Education by EducateIndiaSociety,registeredundertheRegistrationofSocietiesActof1860. When it was established in 1996, it was an affiliated engineering college. In recognition of its performance and its potential for excellence, it was the first affiliated college to be upgraded to the status of an autonomous institution. Withinayearthereafter,itbecameHaryanasfirstindependentmultidisciplinary university, offering undergraduate and postgraduate degrees in Engineering, Management and Law. ITM Law School was established in the year 2010 to provide highest quality professional legal education to face the new challenges anddimensionsoftheinternationalizationoflegalprofession.

ABOUTCEREBRATION2013:Anideaiswhatwouldmakeadifference
The 1ST ITMU LAW SCHOOL MOOT COURT COMPETITION, 2013 is going to be conducted as a part of the CEREBRATION 2013. Cerebration 2013, the technical festofITMUisscheduledtobeon14thand15thMarch,2013.Notjusttechnical, thefestpromisestobeacompleteexperienceforlearning,innovationandoutof boxthinkinginanentertainingway.Allinall,Cerebration2013planstoinculcate thespiritoftheapplicationofscienceandtechnologyindailylifeandoffersyou theperfectblendoftechnologyandentertainment,makingitacompletepackage forlearningandfun.

1stITMULAWSCHOOLMOOTCOURTCOMPETITION,2013 RULES
LANGUAGETheCompetitionshallbeconductedintheEnglishlanguageonly. ELIGIBILITYTheCompetitionshallbeopenonlyforstudentswhoarepursuingthreeorfive yearLL.B.DegreeCourseintheUniversitiesthathavebeeninvitedfortheMoot.
TEAMCOMPOSITIONEachteamshallconsistofthreemembers(TwospeakersandoneResearcher). Only those members designated as Speakers will be permitted to put forth oral arguments in the Competition.

REGISTRATIONTeamsmustconfirmtheirparticipationlatestbyMarch5,2013bysendingan emailtomootcourt@itmindia.eduwiththesubjectConfirmationfor1stITMULAWSCHOOL MOOT COURT COMPETITION, 2013. Each participating team has to pay a registration fee of Rs.600/byDemandDraftdrawninfavourofITMUniversitypayableatGurgaonandsubmit itatthetimeofphysicalregistrationon14thMarch2013. ORALSUBMISSIONS:EachOralRoundshall,subjecttothediscretionoftheJudges,consistof Thirty (30) minutes of argument, which shall be presented in English. The Petitioner shall be allotted fifteen minutes for arguments and 5 minutes for rebuttal. The Respondent shall be allotted twenty (20) minutes for rebuttal and arguments. Both members designated as Speakers from each Team shall make oral presentations in each round. There shall be a preliminary,semifinalandfinalround.Teamsshallbepreparedtoarguebothonbehalfofthe petitionerandtherespondentside. MEMORIALS:Thefollowingguidelinesforthememorialsmustbestrictlyfollowed. a)Teamshavetopreparememorialsforboththesides.AllMemorialsmustbeinEnglish,and mustbeprintedsinglesideonA4sizesheets,withequalmarginsofatleast1inchonallsides. ThetextfontshouldbeTimesNewRoman,size12forthemainbody,andTimesNewRoman, size10forthefootnotes.Themainbodymustbein1.5linespacing.Thefootnotesmaybein singlelinespacing.EachMemorialshallnotexceed25pagesinall.
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TheMemorialmustcontainallof,andonly,thefollowingparts: a)Coverpage;b)TableofContents;c)TableofAbbreviations;d)IndexofAuthorities; e)StatementofJurisdiction;f)StatementofFacts;g)IssuesRaised;h)SummaryofArguments; i)ArgumentsAdvanced/Pleadings;j)Prayer. b)TheCoverPagemustbeprintedonBluepaperforthePetitionersmemorial,andRedpaper forRespondentsmemorial. c) The teams must send an advance soft copy of their memorial for evaluation by March 12, 2013beforemidnightbymailaddressedtomootcourt@itmindia.edu. d)Theteamshavetosubmit4hardcopiesofthememorialforeachsideduringtheregistration onMarch14,2013at8:30AM. e)Thecontentofthehardcopiesmustbethesameasthatofthesoftcopy.Noncompliance withthiswillresultindisqualification. f) The teams may submit a compendium of cases and other materials referred to in the memorials directly to the Judges of the Competition before commencement of oral submissions.Thereshallbenopassingofpaperstothejudgesduringoralsubmission. DRESS CODE: Participants are required to adhere to the following dress code during the competition. Ladies:Whiteshirt,blacktrousers/skirts,blacktie,blackcoatandblackshoes. Gentlemen:WhiteShirt,blacktrousers,blacktiealongwithblackcoatandblackshoes.

Strictadherencetothedresscodeissolicited.Failurewillresultindisqualification. SCOUTING: Teams shall not be allowed to observe the oral submissions of any other team. Scoutingisstrictlyprohibited. AWARDS:1.WinningTeamAward2.RunnerupTeamAward3.BestSpeaker(Male)
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4.BestSpeaker(Female)5.BestMemorial ANONYMITY: The student counsels shall not state their names during the oral rounds, and mustusetheteamCode(whichwillbeassignedtothematthetimeofregistration).Allteam membersmustrefrainfromdisclosingtheidentityoftheirinstitutionduringthecompetition. DECISION OF THE JUDGES SHALL BE FINAL: The decision of the judges with regard to the outcomeoftheroundsshallbefinal. ANYCLARIFICATIONSREGARDINGTHECOMPETITIONCANBESOUGHTFROM: Mrs. P. LAKSHMI (Asst. Prof of Law and Faculty Coordinator, Moot Court Committee) 09582214430 Ms.NripiJolly(Convener,MootCourtCommittee)09654868054 Mr.SuvankarMohanty(CoConvener,MootCourtCommittee)09654865230 NOTE:

1. All clarifications regarding the Moot Problem should be sent to

mootcourt@itmindia.edubyMarch1,2013.

2. Allparticipantswillbegivenparticipationcertificates 3. Students in need of accommodation may mail their request, while mailing their
registrationform,tomootcourt@itmindia.eduandthesamemaybearrangedsubjectto availabilityinthenearbyPGsattheirowncost,rangingbetween300500perdayper student,whichincludesbreakfastanddinner.

4. More information about the University and the law school can be obtained from
www.itmindia.eduandfromwww.law.itmindia.edurespectively.

1st ITMU LAW SCHOOL MOOT COURT COMPETITION

14TH-15TH MARCH 2013
REGISTRATION FORM A. PARTICIPATINGINSTITUTION NAME:___________________________________________________________________ ADDRESS:___________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _________________________________________________________________________ FACULTYINCHARGE:____________________________________________________ DESIGNATION:_____________________________________________________________ TELEPHONE:____________________EMAILID:________________________________ B.TEAMMEMBERS SPEAKER1: NAME_____________________________________SEMESTER:__________________ TELEPHONE:_______________________EMAILID:_____________________________ SPEAKER2: NAME_____________________________________SEMESTER:__________________ TELEPHONE:_______________________EMAILID:_____________________________
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RESEARCHER: NAME:_____________________________________SEMESTER:__________________ TELEPHONE:_______________________EMAILID:_____________________________ C. DECLARATION WETHEUNDERSIGNEDDECLARETHATTHEINSTITUTIONANDITSTEAMMEMBERSWILLABIDE BYALLTHERULESOFTHECOMPETITIONSETOUTINTHERULESANDASNOTIFIEDTOUSFROM TIME TO TIME THROUGHOUT THE PERIOD OF THE COMPETITION. WE ALSO DECLARE AND CONFIRMTHATALLTHEINFORMATIONPROVIDEDINTHEREGISTRATIONFORMISTRUEAND ACCURATE. SPEAKER1:___________________________ SPEAKER2:___________________________ RESEARCHER:_________________________ FACULTYINCHARGE:____________________ HEAD/DEANOFSCHOOL:_____________________________ (SIGNATUREWITHINSTITUTIONSEAL)

NOTE: KINDLY SEND THE SCANNED COPY OF THE DULY FILLED REGISTRATION FORM ONLINE BEFORE5thMarch2013atmootcourt@itmindia.eduandcarryacopyofthisformalongwith theSignatureandinstitutionsealoftheDean/HeadofSchoolforphysicalregistrationon14th March2013.
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ITMU LAW SCHOOL

MOOT COURT PROBLEM 1. This appeal by special leave is filed before the Supreme Court of India against the judgment and order dated 09.01.2013 passed by the High Court of Judicature at Punjab & Haryana in Criminal O.P. No. 61 of 2012. 2. The appellant is the Church of God (Full Gospel) ("Church" for short) located at No.1217, J Block, Palam Vihar, Gurgaon. It has a prayer hall for the Pentecostal Christians and is provided with musical instruments such as drum set, triple gango, guitar etc. 3. Respondent No. I - Palam Vihar Residents Welfare Association ("PVRWA" for short) made a complaint on 15.5.2012 to the Haryana Pollution Control Board (hereinafter referred to as "HPCB") stating therein that prayers in the Church were recited by using loudspeakers, drums and other sound producing instruments which caused noise pollution thereby disturbing and causing nuisance to the normal day life of the residents of the said colony. 4. Complaints were also made to the Commissioner of Police, Gurgaon and the Inspector of Police, Palam Vihar Police Station.

5. The Joint Chief Environmental Engineer of the HPCB addressed a letter to the Commissioner of Police, Gurgaon to take action on the complaint. On 12.6.2012, The Joint Chief Environmental Engineer of the HPCB again addressed a letter to Commissioner of Police, Gurgaon enclosing therewith the analysis report of the Ambient Noise Level Survey conducted in the vicinity of the appellant's Church Hall which disclosed that noise pollution was due to the use of loud speakers in the Church. 6. Respondent No. I also gave representations to various officials in this regard. Thereafter Respondent No. 1 PVRWA filed Criminal O.P. No. 61 of 2012 before the High Court of Punjab & Haryana for a direction to the Commissioner of Police, Gurgaon to take action on the basis of the letter issued by the Joint Chief Environmental Engineer of the HPCB. 7. In the High Court, it was contended by learned Counsel for the Church that the petition was filed with an oblique motive in order to prevent a religious minority institution from pursuing its religious activities and the Court cannot issue any direction to prevent the Church from practicing its religious beliefs since the right to profess and practice religion is protected under Articles 25 & 26 of the Constitution of India which cannot be dislodged by directing the authorities to have a check on the appellant-Church. It was also submitted that the noise pollution was due to noise coming from various other sources like plying of vehicles and use of generators, etc. and not only due to the use of loudspeakers. 8. In the said Criminal O.P., the Court observed that the grievances of the petitioners, who have complained with regard to the noise pollution, were fully justified and the authorities concerned were turning or made to turn by the higher powers, a blind eye to the violation of rules and regulations in these matters. The Court also considered a copy of an article which appeared in the August, 2012 Issue of 'Science Today' and a
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copy of the ICMR Bulletin of July, 2011 containing a Study on Noise Pollution in North India wherein it is pointed out that noise-pollution will lead to serious nervous disorders, emotional tension leading to high blood-pressure, cardiovascular diseases, increase in cholesterol level resulting in heart attacks and strokes and even damage to foetus. 9. The learned Single Judge also referred to other decisions of various High Courts and the Supreme Court of India and directed the Commissioner of Police to follow the applicable rules and to take necessary steps to bring down the noise level to the permitted extent by taking action against the Church to keep their speakers at a lower-decibel level. 10. The High Court further held that: It cannot be said that the religious teachers or the spiritual leaders who had laid down these tenets, had in any way desired the use of microphones as a means of performance of religion. Undoubtedly, one can practice, profess and propagate religion, as guaranteed under Article 25(1) of the Constitution but that is not an absolute right. The provision of Article 25 is subject to the provisions of Article 19(1)(a) and Article 21 of the Constitution. On true and proper construction of the provision of Article 25(1), read with Article 19(1) (a) of the Constitution, it cannot be said that a citizen should be coerced to hear anything which he does not like or which he does not require. He further held that the Survey Report submitted by, the HPCB might go to show that the Church was not the sole contributor of the noise and it appeared that the source of noise was also due to plying of vehicles. The learned Judge pointed out that there was nothing of malice and malicious wish to cause any hindrance to the free practice of religious faith of the Church and only if the noise created by the Church exceeds the permissible decibels then it has to be abated. Aggrieved by the said order, this appeal is filed by the Church.

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