MOOT COURT COMMITTEE

Patron Mr. Devang Nanavati

Hon. Secretary, Gujarat Law Society

Convenor Dr. Mayuri Pandya

Principal In-Charge, GLS Law College

Faculty Coordinator Ms. Vidhi Shah (9879797182)

Asst. Prof., GLS Law College

Faculty Co- Coordinator Mr. Rishi Bhandari (9173399937)

Asst. Prof., GLS Law College

Ms. Jayani Shah

Student Coordinators Khushali Oza (9427000025)

Aaditya Dave (9429600477)

Nirja Parekh (8733088945)

Megha Garg (9429516407)

 Shri I. M. Nanavati
This stalwart of law was born in the city of Jambusur near Bharuch in 1920 and bore
the name Shri I. M. Nanavati. He came to Ahmedabad for law studies and at a very young
age joined the bar with the foot step of his father. In the initial years of his practice he joined
Maneklal Harilal Mills to look into Labour and Company Matters. With his foresight and
hard work he became famous and in a short time span he was one of the renowned
advocate of India. He always took a keen interest in overall development of the people and
in development of Educational Institutions. He was deeply interested in the promotion of
education and did tremendous work in that field. His busy practice however was no bar to
his love for social and educational activities, in which he took leading and prominent part.
The inspiring zeal and managerial ability of Late Shri I. M. Nanavati had gone a very long way
in establishing Gujarat Law Society. He contributed greatly to the stability and for the steady
growth of the society during the period of his association with the Gujarat Law society. He
was a teacher at the Law Faculty and is even today remembered for his outstanding quality
and contribution as a teacher of Law, a very able administrator, and a noble human being
who made his mark not only in the courts in Gujarat but also in the Supreme Court of India.
He was an aware educationalist, a leading lawyer and the then Hon’ble Secretary of Gujarat
Law Society. He left for the heaven on January 15, 1981 in the city of Nairobi at South Africa.
In the Will of Shri I. M. Nanavati he express his wish that “In the end, I desire that
when I pass away, my mortal remains be drawn through the Ellisbridge Campus of the
Gujarat Law Society of which I was a student and whom I have serve for more than 20 years
as Hon. Secretary and the institutions whereof which I developed, I have loved like my
children”
To commemorate late Shri I. M. Nanavati who made his mark as an advocate and as
an educationalist, Shri I. M. Nanavati Memorial National Moot Court Competition is
organized.
After his death Shri Nani Palkhiwala had said “India has lost an exceptionally able
lawyer and the cause of public education has lost one of its great benefactors and ended

“Lives of great men all remind us,

We can make our lives Sublime;
And departing leave behind us,
Foot prints on the sands of time!”

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 ABOUT GUJARAT LAW SOCIETY
Gujarat Law Society has been in the field of education for more than eight decades and is
considered to be one of the largest and most renowned destinations for education in
Gujarat. The Society stands as a synonym for contemporary education in the region with its
state-of-the-art infrastructure. Visionaries and luminaries such as Sardar Vallabhbhai Patel,
Shri Ganesh Mavlankar and Sheth Shri Kasturbhai Lalbhai were the first to set lofty
standards of excellence in education at the society.

Beginning from a single law college in 1927, which was nurtured, among others, by Shri I. M.
Nanavati, today Gujarat Law Society has burgeoned into a mammoth Trust that manages 33
institutions offering courses in multiple disciplines imparting quality education across two
campuses in Ahmedabad. There are over 24,000 students at the campus who are assisted in
meticulously crafting their careers and leading them to the path of success. Gujarat Law
Society has a particularly extensive alumni group which echoes the values that it imparts,
right since its inception. Being a part of some of the most distinguished Judges, Lawyers and
corporate across the globe, these members of the Society’s alumni have carved out a niche
identity for themselves, that of being responsible, pragmatic and proactive.

About GLS Law College:

GLS Law College is a new venture of the Gujarat Law Society fostering excellence in Legal
Educa on by catering to the Five Year Integrated Law Programme approved by Bar Council
of India. Launched in the academic year 2015-16, in a short span of fi een months, the
Ins tute has emerged as a premier ins tute in impar ng legal educa on in India.

The consistent steadfast resolu on of GLS to always aim high and mo o of ‘Excellence in
Educa on’ has become stronger over the years. With this in view, Gujarat Law Society (GLS)
launched GLS Law College with the aim of “Fostering Excellence in Legal Educa on”;
offering B.A.LL.B programme.

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 Achievements
Student Achievements in academic year 2015-16

GLS Law College in National Moot Court Competition

Bar Council of India organised National Moot Court

Competition in March 2016. GLS Law College’s student
Dhyanesh Vaishnav was nominated to represent Gujarat
University in National Moot Court Competition. Appreciated
for the high advocacy skills, he qualified for the quarter final
round. Indeed this was a moment of pride and honour owing
to the fact that a second semester student could compete in
a national competition of high repute,

GLS Law College in International Moot Court Competition

Institute of Law, Nirma University had organised 6th ILNU

Moot Court Competition on February 13, 2016. The event
had hosted 22 teams of which 8 teams qualified in the
quarter final round. GLS Law College team was one of the
qualifying teams in quarter final round. GLS team comprised
of Aditya Dave, Kishan Brahmbhatt and Khushali Oza.

National Moot Court Competition, May 2016

Students of GLS Law College participated in National Moot Court Competition at

NLSIU, Bangalore conducted in May 2016. The team included: Shyam Naik, Trishla
Sheth, Shanaya Udeshi, and Chandni Modi.

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 SCHEDULE
Key Dates Key Events

th Release of Moot Problem for

15 October, 2016
Shri I.M.Nanavati Memorial
National Moot Court Competition 2016-17

Last date for the Provisional

31st October, 2016
Registration of the Institution
Email - [email protected]
th
15 November, 2016 Last date of Registration

20th November, 2016 Last date of sending Clarifications

th
9 January, 2017 Last Date for Submission of Memorials (soft copy)
11.59 p.m. Email - [email protected]
th
13 January, 2017 Last Date for submission of Memorials (hard copy)

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 RULES AND REGULATIONS FOR THE COMPETITION
I. Introduction
1.1 Short Title: These Rules shall be called the Shri I. M. Nanavati Memorial National
Moot Court 2016-17 Competition Rules.
1.2 Definitions: Unless otherwise stated following shall be construed herein under as –
1.2.1 “Administrator” shall mean the GLS, Law College Moot Court Committee
1.2.2 “Clarifications” shall mean any questions, inquires or doubts send by a registered
team to the organizers seeking any factual clarification(s) in the Moot Court
Problem.
1.2.3 “Competition” means Shri I. M. Nanavati Memorial National Moot Court
Competition, 2016-17.
1.2.4 “Participating Team” means the team which has registered itself for the competition
as per the rules for registration
1.2.5 “Participating Institution” shall be presumed to be the parent institution of the
participating teams
1.2.6 “Organizers” means the GLS, Law College, Ahmedabad
1.2.7 “Rebuttals” refer to the set of arguments/questions that the Complainant may raise
at the end of the main pleadings of all the Orators. This shall be replied to in the
appropriate manner by the Respondent.
1.2.8 “Written Submission” means the memorandum of written submissions submitted by
any Team.
II. GENERAL RULES
2.1 Dress Code: The participants shall adhere to following dress code when present in
any court room during the Competition.
Female(s): White salwar and kurta or white shirt and black trousers along with black
coat and black shoes;
Male(s): White shirt, black trousers and black tie along with black coat and black
shoes.
Explanation : The participating teams shall also adhere to the abovementioned dress
code while attending the inaugural and valedictory ceremonies of the Competition.
2.2 Language: The language of the Competition shall be English.
III. ELIGIBILITY AND TEAM COMPOSITION
3.1 Eligibility: The Competition shall be open to students who are – Pursuing an
integrated 5 year LL.B. programme in India; Pursuing a 3 year LL.B. programme in
India.
3.2 Team Composition: Each team shall constitute of 3 members, two ‘Oralist’ /
‘Mooter’(s) and one ‘Researcher’.
Only the team member(s) designated as Oralist / Mooter shall be allowed to put forth
oral submissions.
Under no condition shall a team consisting more than 3 members be allowed to
participate.
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IV. ANONYMITY OF TEAMS
4.1 Teams shall not reveal their identity in any form, except by means of the Team Code
allotted to them during the Competition.
4.2 The Written Submissions shall not reveal the identity of the team in any form and
should not bear the logo, name etc. of the University represented.
4.3 Any material presented to the Panel should be devoid of any identification
marks/seal of the Team. If any such mark/seal exists, it must be rendered
unrecognizable.
4.4 Any violation of the above rules shall attract severe penalty or disqualification as
determined by the O.C The decision of the O.C.in this regard shall be final , binding to
the participating teams and not subject to challenge.
V. REGISTRATION
5.1 All the participating institutions have to confirm participation by sending an email to
moot court organizing committee at [email protected] on or before 15 th

November 2016 by 11:59 PM

5.2 In order to confirm participation, teams of every Institution should register
themselves with the Registration forms duly signed by the heads of the institution
along with the fees of Rs. 2500/- per team. Any team requiring accommodation will
have to pay registration fees of Rs. 3500/-. Any form received after the last day of
registration will not be allowed.
5.3 The Participation fees as mentioned in Clause 5.2 shall be paid wide by Demand
Draft. The demand draft shall be drawn in favor of GLS LAW COLLEGE (Address: GLS
Law College, GLS Campus, Opp. Law Garden, Ellisbridge, Ahmedabad - 380006,
Gujarat). The teams shall be solely responsible for any delay caused due to delay in
receipt of Registration Form.
5.5 Change in Team Composition: Any change in team composition will not be
entertained after the registration.
VI. FORMAT OF THE COMPETITION
The Competition is divided into 4 parts :
1) Preliminary Round
2) Quarter Final
3) Semi Final
4) Final Round
6.1 Preliminary Rounds:
6.1.1 Draw of Lots : The match up of teams in Preliminary Rounds shall be determined on
the basis of draw of lots.
6.1.2 Each team will get 20 minutes to present their case and 5 minutes will be given for
Rebuttal.
6.1.3 Each team shall argue from both the sides in the Preliminary Rounds.
6.1.4 No team shall argue the same side twice in the Preliminary Rounds.
6.1.5 Win or loss of a team shall be determined on the basis of aggregate score of
Memorial drafting and pleading.
6.1.6 Eight best teams will be qualified in the Quarter finals. The team with higher

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 aggregate score shall win the round.
6.2 Quarter-Finals :
6.2.1 The top eight teams from the Preliminary Rounds will qualify for the quarter-finals.
The team shall argue only once in the quarter-finals. The side on behalf of which the
team shall argue for the quarter-finals shall be decided by way of draw of lots prior to
the Quarter Final Round.
6.2.2 The quarter-finals shall be a knock-out round.
6.2.3 Each team is allotted a total of 20 minutes to present their oral arguments
6.2.4 The timing can be divided between both the speakers according to the wish of the
team subject to a maximum of 12 minutes and minimum of 08 minutes per speaker
6.2.5 The time division has to be informed to the Court Manager/Clerk before the
beginning of the oral arguments
6.2.6 A maximum of 5 minutes may be reserved for rebuttal or sur-rebuttal which shall be
at the discretion of the judges which shall be inclusive of the above time limits.
6.2.7 The allotment of extra time shall be at the discretion of the judges
6.3 Semi-Final and Final Rounds :
6.3.1 Four teams from the Quarter-Final Round shall qualify for the Semi-Finals.
6.3.2 The team shall argue only one side in the semi-finals. The side of the team shall be
decided by way of the draw of lots. The team with higher aggregate score shall
proceed to the final round.
6.3.3 Each team will be allotted a total of 30 minutes to present their oral arguments.
6.3.4 Finals: In the final round, the win-loss shall be decided on the basis of the aggregate
speaker score. No memorial score will be added in the finals.
6.3.5 Each team will be allotted a total of 45 minutes to present their oral arguments.
6.3.6 The timing can be divided between both the speakers according to the wishes of the
team subject to a maximum of 25 minutes and minimum of 15 minutes per speaker.
6.3.7 The time division has to be informed to the Court Manager/Clerk before the
beginning of the oral arguments.
6.3.8 A maximum of 5 minutes may be reserved for rebuttal or sur-rebuttal which shall be
given at the discretion of the judges which shall be inclusive of the above time limits.

Particulars Marks
Articulation of Issues 20
Presentation Abilities 20
Court Mannerism 10
Citation of Authorities 10
Application of Legal Principles 20
Response to the queries of Court 20

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VII RULES FOR WRITTEN SUBMISSION/MEMORIAL EVALUATION
7.1 Teams has to prepare memorial from both the sides.
7.2 Late submissions beyond the stipulated time period will not be considered for
evaluation.
7.3 Format of memorial
Body of the memorial shall include:

The cover page with the cause title

Table of contents
List of Abbreviations
Index of Authorities
Statement of Jurisdiction
Statement of facts
Statement of issues
Summary of arguments
Summary Advance
Prayer

7.3.1 The font of the body of the memorial should be Times New Roman, size 12, line
spacing 1.5 and the heading should be 14. The font to the footnotes should be Times
New Roman, size 10
7.3.2 Memorial should be spiral bound.
7.3.3 Pages should be numbered at the bottom middle.
7.3.4 All the Memorials Received within the time schedule will be evaluated by the MEC.
The Evaluation done by the MEC will be final and binding.
7.3.5 One hard copy of memorial must be exact replica of the soft copy submitted with the
Organizers. Any difference in the same will result in disqualification from the
Competition. Other hard copies of the memorial(s) have to be submitted by the
respective teams on 20th January, 2017.
7.3.6 The memorials shall not contain any form of identification apart from the team code.
If any such identification or mark, symbol, etc. which has the effect of identifying the
team is found on the memorial, then it shall result in instant disqualification.
7.3.7 The memorial shall be of a maximum of 35 pages including the cover page and
Pleadings / Arguments Advanced Arguments shall be of a minimum of 20 pages. No
annexure, photographs, exhibits, etc. should be added to the memorial.
7.3.8 Appellant memorials are required to have a Blue cover and Respondent memorials
are required to have a Red cover.
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 The Memorial shall be evaluated on following parameter

Description Marks
a) Knowledge of Facts 20
b) Knowledge of Law 20
c) Extent and Use of Research 20
d) Authorities Cited 15
e) Correct Format 15
f) Overall Performance 10

PENALTIES :
1. Delay in submitting hard copy and soft copy of memorial will attract penalty of 3
Marks per day.
2. In case of Violation of prescribed length of memorial 1 Mark will be deducted per
each additional page.
3. Any sort of non compliance in hard and soft copy of memorial will entail
disqualification.

VIII Accommodation and Food

Accommodation and food shall be provided by the Organizers only during the days of the
competition.
The interested students are required, to inform the Organizing Committee, through their
Travel & Accommodation Form, so as to enable them to make necessary arrangements.
Under no circumstances the Organizer shall provide accommodation to any other person
accompanying the team.

IX Categories of the Awards

1) Trophy to the Winning Team.
2) Best Memorial Appellant
3) Best Memorial Respondent
4) Best Student Advocate from Appellant side
5) Best Student Advocate from Respondent Side
6) Certificate will be issued to all the participants.
In case of any Queries and Clarifications feel free to contact on [email protected]

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 INTERPRETATION OF THE RULEBOOK
The interpretation of these rules by the organizers shall be conclusive. The decision of the
organizers for the above stated rules shall be final and binding to the participating teams.
Rules should be strictly adhered to. Any deviation from the above stated rules would attract
disqualification.
All the above stated rules are inclusive for the competition.

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 SHRI I. M. NANAVATI MEMORIAL
NATIONAL MOOT COURT COMPETITION 2016 -2017

FACTUAL SUMMARY
The State of Tammista is located in the Union of Joania, a coastal sovereign state
whose 3/4th boundary is surrounded by Silvania Ocean. Union of Joania is a
sovereign, secular, democratic, republic state which is located in the southern
hemisphere. The State of Tammista is one of the developed state of Union of Joania.
The Union of Joania is a developing country that has diversified cultures, religions
and industrial economies. The Union of Joania especially the State of Tammista has
widely developed fishing industries along with a strong ecotourism sector. The
people of Tammista are highly educated and cultured. They are well aware about
their environment and are overly cautious in taking proactive steps towards
preserving and conserving their environment and the natural habitat.
The Union of Joania is a Member of United Nations and a party to the Statute of the
International Court of Justice (ICJ). The Union of Joania is also a member of all major
Multilateral Environmental Agreements (MEAs) which deals with the concepts of
Nature Conservation, Hazardous Material, Atmospheric Emissions and Marine
environment. The Union of Joania is also a Contracting Parties to the United Nations
Convention on Biological Diversity (CBD), 1992. In accordance with the provisions of
the CBD, Union of Joania has enacted a national legislation, The Biological Diversity
Act, 2002.The Union of Joania is also a party to the Stockholm Declaration of 1972.
Pursuant thereto, the Union of Joania and State of Tammista have formulated
various legislative and executive guidelines in conformity with its international
commitments.
In early 1980, after the tourism industry started blossoming elsewhere the
government of Joania enacted the Environment Protection Act, 1986. The
government of Tammista also strengthened the implementation of the Act and
other rules and regulations for protection and conservation of the environment.
Tammista has highly developed tourism industry. In last 30 years tourism industry
has seen rapid growth. Almost all the prestigious five star hotels and restaurants
now have their presence in Tammista.
A Hotels Union by the name of 'Tammista Hotels Association' is also formed which is
actively lobbying for the rights and benefits of the Hotels in Tammista. 'Tammista
Foundation' is another organization formed by the residents and locals of Tammista
in 1986 to consolidate the voice of the locals and to preserve and conserve
environment, environmental diversity and biodiversity and for ecological well being

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of Tammista. It is a society registered under the Societies Registration Act, 1960. Mr.
Rohit Shah, an eminent environmental lawyer and human rights activities its
current secretary.
The Hotels in Tammista with permission and sanction of the Tammista Authorities
under the then existing rules and regulations, made constructions on the coastal
region of Tammista. However, such constructions are in derogation of the
environmental guidelines in force as on date. On this ground, Tammista Foundation
has sought for demolition of the same as a step to safeguard the environment of the
beaches in Tammista. The said demolition is sought for on the ground that the said
constructions in question are between 90 to 200 meters from the High Tide Line
(HTL). Under the existing guidelines in force in Tammista, constructions within 500
meters from the High Tide Line (HTL) are prohibited, except in rare situations where
construction activity between 200 to 500 meters from the HTL is permitted subject
to observance of strict conditions.
Tammista Foundation has been agitating since the passing of the Environmental
Protection Act, 1986 to demolish the constructions. Such construction is challenged
before various authorities of Tammista, including the civic authorities, Municipal
Corporation and the Department of Environment and Forest on the basis of
Environment Protection Act, 1986 and the Coastal Regulation Zone Notification
enacted thereunder along with other rules and regulations formulated therein.
The 'Tammista Hotels Association' on the other hand is arguing that such
constructions, even though carried out in different phases and at different times,
were completed before the Coastal Regulation Zone were enacted under the
powers of the said Act.
'Tammista Foundation' has complained to all concerned authorities in this regard.
Pursuant to the same, the civic bodies and municipal corporation(s) of Tammista
issued demolition notices to large number of Hotels. However no further actions
came to be taken in that regard. Aggrieved by the non-action of the authorities,
Tammista Foundation had approached High Court of Tammista, as and by way of a
writ petition, seeking demolition of the said constructions. 'Tammista Hotels
Association' on the other hand approached the High Court of Tammista as and by
the way of filing writ petition seeking quashing of the demolition notices, on the
grounds, inter-alia, that the authorities do not possess necessary punitive power to
authorize such demolition and that the construction cannot be termed illegal as the
Coastal Regulation Zone Notification passed in 1991was prospective in nature.
'Tammista Foundation' is contending that some of the constructions were carried
out between the year 1986and 1991 i.e. after the enactment of Environment
Protection Act, 1986 and before the passing of Coastal Regulations Zone, 1991. It
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was further contended that even those constructions which were completed before
the 1986 the same underwent renovations much later after the Coastal Regulation
Zone was enacted, thereby entitling the State to demolish such constructions in
entirety. It is also contended that the economic activity within 200 meters from the
High Tide Line is also adversely affecting the flora and fauna of the coastal area and
the same is in contravention to the international commitments made by Union of
Joania.
The High Court of Tammista dealt with both the separate petitions together and
vide combined order dated 20.07.2016 uphold the validity of the demolition
notices.Being aggrieved and dissatisfied by the aforesaid order dated 20.07.2016
'Tammista Hotels Association' has now approached the Supreme Court of Joania by
invoking Article 136 of the Constitution of Joania, on the grounds inter-alia, that the
civic bodies do not have any authority to issue the said demolition notices and that
once the permission has been received for making constructions, the renovations to
the same shall also be governed by the existing laws prevalent at the relevant time
of making constructions.
The Supreme Court of Joania has been pleased to admit the Special Leave Petition
('SLP') and has also been pleased to grant interim reliefs, whereby the operation of
the Demolition Notices has been stayed. After the SLP was admitted, hue and cry
has occurred in the State of Tammista. Small institutions and groups have also come
up with their own reports and findings on the television as well as in newspaper.
One such unverified report, reveals that the permissions and sanctions which were
received by the hotels in question under the then existing rules and regulations to
make constructions were received by bribing the authorities.
'Tammista Hotels Association' is vehemently opposing such statements being
motivated by and published at the insistence of Mr. Rohit Shah.
You are now arguing before the Supreme Court of Joania, and the matter is listed for
final arguments.
Note: - The Indian Laws will be applicable for the state of Tammista
Disclaimer: This problem is the hypothetical moot problem. It is only for the
academic purpose having no concern with any of the pending/decided cases
before any court and all details and name of parties are fictitious and nothing to
do with reality, even if found similar it is only coincident.

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