Table of Contents

I. Introduction to Moot Court

II. Preparation
a. Reading the record
 Importance of the record
b. Researching Cases
 Extracting the relevant Rules of Law
 Recognizing Factual Similarities
 Majority and Dissenting Opinions
c. Argument
III. Difference between Moot Court and Actual Court
IV. Importance of Moot Court
V. Types of Moot Court
VI. Civil Cases
d. Introduction
e. Hierarchy
f. Observance of Civil Cases
 Facts
 Issues
 Hearing Analysis
 Judgement
VII. Criminal Cases
g. Introduction
h. Observance of Criminal Cases
 Facts
 Issues
 Analysis of Witness
 Advocate Client Analysis
 Judgement
VIII. Annexure
 P/1 Civil Case
 P/2 Criminal Case
 I. Introduction to Moot Court

Moot Court is a simulated oral argument, similar to an argument made before an

appellate court. Students present legal arguments from both sides of a fictional

case before panels of judges as they focus on convincing the judge panel to

either uphold or overturn a lower court’s ruling. There is no cross-examination

by the opposing team, but judges may interrupt and ask questions of the

speaker. Moot Court competition provides students with the unique opportunity

to strengthen their reasoning and persuasion skills while increasing their

understanding of the Constitution and the judicial system. This event brings

together many skills that are inherent in the goals: the ability to think

substantively about an issue, and then persuasively and respectfully converse

with another regarding your position.

Moot Court is the term given to an appellate argument. An appellate argument

is the argument made to the appeals court after a trial. Depending upon the facts

of a particular case, an appeal can be made either after a completed trial or after

a ruling by the trial court that warrants an appeal to review the ruling. As a

general overview, when an advocate makes a Moot Court argument, the

advocate will predominantly argue the law to the appellate court. As an

advocate, you are not trying to prove the facts of the case, you are attempting to

convince the appellate court that the ruling or decision of the trial court, based

on the facts of your case, was correct or incurred based on the law. Because a

Moot Court argument is based primarily on the law, the advocate will attempt to

persuade the appellate court by citing cases and statutes that support his/her

interpretation of the controlling law on his/her issue. Appellate judges will ask

the advocate questions during his/her argument. This can be intimidating, but if

the advocate views it as a conversation between himself/herself and the judges

and understand that his/her role is to educate the judges on the legal issue he/she

is arguing, the “fear factor” begins to disappear. Thorough preparation and

understanding of the issue will erase the intimidation because, theoretically, the

advocate should be prepared to handle any question thrown at him/her.

Hopefully, this packet will assist the advocate in his/her endeavour into the

realm of appellate advocacy. The Board of Barristers’ goal is to help you

become better advocates and prepare you for the “real world” practice. Whether

you are discussing preliminary matters with a judge, arguing a summary

judgment motion, or actually arguing an appeal, Moot Court will help you

become a better advocate.

 II. Preparation

a. Reading the record

 Importance of the record

All Moot Court problems consist of 5-15 pages known as the record. The record

is critically important because it lays out the undisputed facts of the case and

explains the lower courts holdings and rationale. The advocate should place

special importance on two types of facts listed in the record: procedural facts

and historical facts. Procedural facts are important because they describe the

process by which the case has travelled from the lower courts to the higher

courts. Moot Court judges occasionally enjoy testing advocates on their

knowledge of the procedural history of the case being argued, so it can be

especially worthwhile to have a familiar grasp of the procedural facts. The facts

most often discussed in Moot Court rounds, however, are the historical facts of

the case. The historical facts are undisputed and should never be argued in a

Moot Court round. The historical facts are gathered at the trial level and are

agreed to by both parties for the purposes of Moot Court. They are typically

well balanced, giving each side an opportunity to have some factual basis to

support their legal positions. The only time facts ought to be argued at the

appellate level is when they are in dispute, but for purposes of Moot Court
competitions the facts are never in dispute. As a result, the advocate should

never “stretch” the record by assuming the facts say something they don’t, or

inferring something beyond what the facts describe. When reading the facts, it

helps to first arrange the facts in chronological order. If the problem does not

already list the facts in sequence, the advocate can benefit by organizing the

facts in order. First, when facts are put in order, the importance of certain facts

may appear more 3 glaring. Second, gaps in the facts will appear more obvious

and help the advocate acquire a better sense of the case. It is also helpful to

separate the beneficial facts from the harmful facts. This will help when

preparing the statement of facts, which will be described later. Every fact listed

in the record is written for a reason. Therefore, the advocate should pay special

attention to every fact, and not just those facts that appear the most interesting

and juicy. The advocate should know the historical facts of the case backwards

and forwards because they often appear in the judge’s questions. In fact, it is

recommended that an advocate read the record at least once a day during the

final week of preparation for a competition so that they can become intimately

familiar with all the facts of the case. Other than the undisputed facts of the

case, the majority of the record consists of the holdings of the lower courts and

their rationale, which can be found in the opinions delivered by the judges.

Reading the holdings and rationale of these cases is critical for advocates

because they explain the best arguments for each side and offer cases to support

the arguments. This should always serve as a stepping stone in the process of
researching all the cases on the issues. The opinions can also help an advocate

organize his/her outline and argument because they are structured in a logical

sequence.

b. Researching Cases

 Extracting the relevant Rules of

Law

After an advocate thoroughly reads and understands the record, his/her next job

is to begin reading the cases that are cited in the record, and the cases that those

cases cite. By reading cases on the issues, the advocate will gain a better

understanding of how the relevant law has evolved over time, the arguments

and different public policy reasons giving rise to the law, and the current state

of the legal issues. When the advocate does this, certain rules of law will 4

become readily apparent to the advocate. The cases will help flesh out the most

important rules of law, allowing the advocate to become more familiar with the

most relevant points and critical legal issues.

  Recognizing Factual Similarities

Recognizing factual similarities is critically important when arguing a case.

When an advocate can demonstrate that a certain case has almost identical facts

to the case at bar, and therefore the holdings should be congruent, it can be very

persuasive. Similarly, when an advocate can demonstrate that a certain case has

almost identical facts, but there is one or two distinguishing characteristics from

the case at bar, and therefore the holdings do not correlate, it can be equally

persuasive. Almost every Moot Court problem is based on an actual case with

similar facts about to be heard before the U.S. Supreme Court or a State

supreme court. Consequently, the advocate can greatly benefit from finding that

case and recognizing the factual similarities and the holdings from the case as it

was heard in the lower courts. Beyond that golden case, there will also most

certainly be a number of lower court cases with similar facts. It is the job of the

advocate to find those cases and be able to use them when they support the

advocate’s positions, and distinguish them when they do not.

 Majority and Dissenting Opinions

Many advocates make the mistake of ignoring dissenting opinions. While the

majority opinions are typically more helpful since they are controlling and often

offer more analysis on the subject matter, dissenting opinions can also be

extremely helpful. Dissenting opinions sometimes become majority opinions,

especially at the U.S. Supreme Court level, when judges retire and are replaced

by judges holding different views. Additionally, when judges are out 5 voted,

they still care to be heard and therefore will write very persuasive and

convincing arguments in their dissenting opinions. Those arguments can be

used in Moot Court rounds as public policy and as general arguments to support

the advocate’s position. Despite being dissenting opinions, many of the

arguments written by justices, especially on the U.S. Supreme Court, are still

persuasive and can operate to convince a judge of an advocate’s legal position.

c. Argument

Moot Court is unlike any other forensic or advocacy competition

because the advocate actually interacts with the judges and is

ruthlessly questioned by the judges. It is often frightening for

advocates who appear in Moot Court competitions because they never

know what the judges may ask. Sometimes judges ask easy or

“softball” questions; other times judges will ask confusing or

extremely complicated questions. Therefore, it is important for every

advocate to do as much research and preparation as possible for Moot

Court competitions. This way the advocate will know as much as

he/she possibly can and will be able to adequately respond to any

question a judge attempts to ask him/her.

Moot Court is unlike any other forensic or advocacy competition

because the advocate actually interacts with the judges and is

ruthlessly questioned by the judges. It is often frightening for

advocates who appear in Moot Court competitions because they never

know what the judges may ask. Sometimes judges ask easy or

“softball” questions; other times judges will ask confusing or

extremely complicated questions. Therefore, it is important for every

advocate to do as much research and preparation as possible for Moot

Court competitions. This way the advocate will know as much as

he/she possibly can and will be able to adequately respond to any

question a judge attempts to ask him/her. After an advocate has done

all the necessary research, found all the best cases, and compiled all

the greatest arguments, his/her job is to condense everything into a

short outline that they can be used when arguing. The outline should

be a page or two in length and include all the necessary arguments,

cases, and justifications the advocate wishes to address. However, the

outline is just that, an outline. It should not be verbose or long and

should not be meticulously read. Relying too heavily on the outline

 can become distracting and cause an advocate to be less persuasive.

Rather the outline should be brief but comprehensive.

III. Difference between Moot Court and

Actual Court

Moot Court involves an oral argument appealing a case that has already been

heard by a district court. It is not a mock trial; there are no witnesses and no

objections. Although the Petitioner will have the opportunity to make a brief

rebuttal, it is not a debate.

Oral argument is when attorneys actually argue in front of an appellate court.

Moot court is the same thing, except that it is when students are simulating what

an oral argument would be like in an actual court. Mock Trial is the actual trial

that takes place before the possibility of an appellate argument can even be

considered, complete with witnesses, exhibits to be entered into evidence, and a

jury who will decide the final verdict. In Mock Trial, the attorneys on both sides

are attempting to convince a jury, comprised of citizens, not judges, most of the

time there are 12 jurors, as to who is responsible or not responsible, guilty or

not guilty. In an oral argument, the attorneys are arguing a legal issue to a panel
of 3 -9 judges about whether or not the lower court made the right decision

according to what the law states.

When a case is first filed, it will first go to trial court where all the facts will be

determined, by a jury, through the presentation of evidence and through the

testimony of witnesses. The record from that trial is preserved for appeal.

Moot Court oral arguments are what happens at the next level of the judicial

process, after a trial is finished, and a jury has set a verdict, the appellate court.

The appellate court relies on the facts that came out at the trial level, on appeal,

the attorneys get to present their legal arguments for their sides and the judges

will interrupt them to ask questions, to get a better understanding of the issue

and the arguments being made.

Moot trial attorneys conduct direct examinations, or expository “conversations”,

with their on witness and cross-examinations, or an attorney-dominated series

of closes ended questions,of the opposing team’s witnesses. During this

examinations, competitors from either side can make and field objection, for

which law school competition use the federal rules of evidence. An objection

will often prompt an “objection battel” in which the judge hears argument from

each competitor, sometimes multiple times, as to how the judge should rule on

the objection. Attorneys also give opinion statements and closing arguments, or

summations. These are uninterrupted speeches directed at the jury.

IV. Importance of Moot Court
Moot Court is a very important subject for a Law Student. Moot courts

are open to second- and third-year students. Students apply in the fall

to participate in one or more moot courts. The faculty consider each

student’s written application, writing sample, experience in the subject

matter of the moot, and an oral advocacy performance before a panel

of judges. Applicants receive a problem and written briefs from an

earlier moot competition to prepare their oral arguments.

As the legal community increasingly comes to recognize appellate

practice as a unique specialty, and companies increasingly turn to

appellate specialists to handle important matters, a number of “best

practices” in handling appeals have emerged. Among these is the

use of moot courts to prepare for oral argument.

1. To enhance the team spirit and the sense of cooperation among the

team members.

2. To develop the skills of argumentation and the confidence of

participation.

3. To know the power and limitation of Court.

4. To develop the analytical mind of students.

5. This will develop their skills of drafting and pleading.

6. This will boost the confidence to speak and express freely.

 7. To make the student to understand the facts and apply the law on it.

V. Types of Moot Court

Moot
Problem

Trial Court
Appeal Level
Level

Three Important constituents for organizing moot court

1.Student Advocates
2.Organizing Student Council
3.Judges

There are three types of moot court are as follows:

1. Artificial Moot Court.

 2. Situation Based Moot Court.

3. Past Case Based Moot Court.

1. ARTIFICAL MOOT COURT

Artificial moot courts simulate appellate proceedings and proceedings in front

of international courts that do not have a traditional trial system (i.e. Jessup

competition). Mock trials on the other hand simulate the actual trial, with

witnesses, juries, objections and the works. Both have a lot to do with the work

lawyers do, a lot of preparation, reading, writing, etc.

As an extracurricular activity to get into law school, either is fine. Both are good

to show you want to be a litigator. Artificial moot court usually refers to a

simulated appellate court or arbitral case, while a "mock trial" usually refers to a

simulated jury trial or bench trial artificial moot court helps students learn to

analyze legal issues; its larger purpose is to teach students the practical side of

practicing law. Typically, law students are given a detailed hypothetical fact

scenario that raises one or more legal issues. Often these fact patterns are based

on real cases on appeal to a state's highest court or the U.S.Supreme Court.

Students choose or are assigned the position on the issue to be argued. They

then conduct legal research, finding statutes, regulations, and case law that both

support their position and detractfr omit. An important part of the moot court

process is to teach students to over come legal authority (statutes, regulations,

and cases) that cuts against their position. It is perhaps the closest experience

that a student can have whilst at university to appearing in court.

Students then draft appellate briefs, which are form a llegal papers combining a

recital of the facts of the case with analysis and argument of the legal issues

raised. As with real appellate courts, moot courts generally dictate many

specific requirements for a brief, including the size of the paper, the width of the

margins, and the maximum number of pages. Citations to legal authority must

also be listed in a uniform style. Once the briefs are written, students prepare for

the second phase of

Moot court advocacy: oral argument. Oral argument demands preparation,

organization, and the ability to think quickly and respond convincingly when

questioned. The student appears before a panel of judges (typically law

professors, actual judges, or other students) and presents her or his position on

the legal issue. Each student has a time limit, normally five to ten minutes, to

convince the panel. As with real appellate courts, judges on the panel are free to

interrupt the student Advocate frequently and at anytime to ask questions about

the facts of the case, legal authority for or against the student's position, or the

student's thoughts and opinions about the cases out-come.

Students learn to anticipate difficult questions about their legal position and

respond intelligently and persuasively. Following oral argument, the moot court

panel often will review the student's performance. Artificial moot court is
modelled after the appellate procedure employed in state and federal courts.

Moot court is sometimes confused with mock trials, a similar learning method

by which students conduct a jury trial based on a hypothetical fact pattern.

Situation based moot courts simulate appellate proceedings, and/or proceedings

in front of international courts that do not have a traditional trial system (i.e.

Jessup competition).Mock trials on the other hand simulate the actual trial, with

witnesses, juries, objections, the works.

Both have a lot to do with the work lawyers do, a lot of preparation, reading,

writing, etc.As an extracurricular activity to get into law school, either is fine.

Both are good to show you want to be a litigator.

Situation based moot court usually refers to a simulated appellate court or

arbitral case, while a "mock trial" usually refers to a simulated jury trial or

bench trialsituation based moot court helps students learn to analyze legal

issues; its larger purpose is to teach students the practical side of practicing law.

Typically, law students are given a detailed hypothetical fact scenario that raises

one or more legal issues. Often these fact patterns are based on real cases on

appeal to a state's highest court or the U.S. Supreme Court. Students choose or

are assigned the position on the issue to be argued. They then conduct legal

research, finding statutes, regulations, and case law that both support their

position and detract from it. An important part of the moot court process is to

teach students to over come legal authority (statutes, regulations, and cases) that

cuts against their position. It is perhaps the closest experience that a student can
have whilst at university to appearing in court. Students then draft appellate

briefs, which are form a llegal papers combining a recital of the facts of the case

with analysis and argument of the legal issues raised. As with real appellate

courts, moot courts generally dictate many specific requirements for a brief,

including the

size of the paper, the width of the margins, and the maximum number of pages.

Citations to legal authority must also be listed in a uniform style. Once the

briefs are written, students prepare for these cond phase of moot court

advocacy: oral argument.Oral argument demands preparation, organization, and

the ability to think quickly and respond convincingly when questioned. The

student appears before a panel of judges (typically law professors, actual judges,

or other students) and presents her or his position on the legal issue. Each

student has a time limit, normally five to ten minutes, to convince the panel. As

with real appellate courts, judges on the panel are free to interrupt the student

Advocate frequently and at anytime to ask questions about the facts of the

case,legal authority for or against the student's position, or the student's thoughts

and opinions about the case's out-come. Students learn to anticipate difficult

questions about their legal position and respond intelligently and persuasively.

Following oral argument, the moot court panel often will review the student's

performance.
Situation based moot court is modeled after the appellate procedure employed

in state and federal courts. Moot court is sometimes confused with mock trials,

a similar learning method by which students conduct a jury trial based on a

hypothetical fact pattern. Where moot court emphasizes legal research, analysis,

writing, and oratory, mock trials emphasize jury persuasion techniques and a

thorough familiarity with the rules of evidence.

3. PAST CASE BASED MOOT COURT:

Past case based moot courts simulate appellate proceedings, and/or proceedings

in front of international courts that do not have a traditional trial system (i.e.

Jessup competition).Mock trials on the other hand simulate the actual trial, with

witnesses, juries, objections, the works.

Both have a lot to do with the work lawyers do, a lot of preparation, reading,

writing, etc. As an extracurricular activity to get into law school, either is fine.

Both are good to show you want to be a litigator.

Past Case based moot court usually refers to a simulated appellate court or

arbitral case, while a "mock trial" usually refers to a simulated jury trial or

bench trial Past Case based moot court helps students learn to analyze legal

issues; its larger purpose is to teach students the practical side of practicing law.

Typically, law students are given a detailed hypothetical fact scenario that raises

one or more legal issues. Often these fact patterns are based on real cases on

appeal to a state's highest court or the U.S. Supreme Court. Students choose or
are assigned the position on the issue to be argued. They then conduct legal

research, finding statutes, regulations, and case law that both support their

position and detract from it. An important part of the moot court process is to

teach students to overcome legal authority (statutes,regulations,and cases) that

cuts against their position. It is perhaps the closest experience that a student can

have whilst at university to appearing in court. Students then draft appellate

briefs, which are formal legal papers combining a recital of the facts of the case

with analysis and argument of the legal issues raised. As with real appellate

courts, moot courts generally dictate many specific requirements for a brief,

including the size of the paper, the width of the margins, and the maximum

number of pages.

Citations to legal authority must also be listed in a uniform style once the briefs

are written, students prepare for the second phase of moot court advocacy: oral

argument.Oral argument demands preparation, organization, and the ability to

think quickly and respond convincingly when questioned. The student appears

before a panel of judges (typically law professors, actual judges, or other

students) and presents her or his position on the legal issue. Each student as a

time limit, normally five to ten minutes, to convince the panel. As with real

appellate courts, judges on the panel are free to interrupt the student Advocate

frequently and at anytime to ask questions about the facts of the case, legal

authority for or against the student's position, or the student's thoughts and

opinions about the cases out-come. Students learn to anticipate difficult

questions about their legal position and respond intelligently and persuasively.

Following oral argument, the moot court panel often will review the student's

performance. Past Case based moot court is modeled after the appellate

procedure employed in state and federal courts.

Moot court is sometimes confused with mock trials, a similar learning method

by which students conduct a jury trial based on a hypothetical fact pattern.

Where moot court emphasizes legal research, analysis, writing, and oratory,

mock trials emphasize jury persuasion techniques and a thorough familiarity

with the rules of evidence.

 VI. Civil Cases

d. Introduction

Civil cases usually involve private disputes between persons or organizations.

A lawsuit brought to redress a private wrong such as breach of contract,

encroachment, or negligence; or to enforce civil remedies such as

compensation, damages, injunction also called civil action, civil proceedings, or

civil suit.

A civil case begins when a person or entity (such as a corporation or the

government), called the plaintiff, claims that another person or entity (the

defendant) has failed to carry out a legal duty owed to the plaintiff. Both the

plaintiff and the defendant are also referred to as "parties" or "litigants." The

plaintiff may ask the court to tell the defendant to fulfill the duty, or make

compensation for the harm done, or both.

e. Hierarchy of Civil Courts

There is a hierarchy of Civil Courts in every state subordinate to their respective

High Courts to administer civil law disputes. These civil courts are assigned a

particular territory in a city or a town of the state and as well a particular

pecuniary limit that is, the limit of the monetary value of the cases, which these

courts may entertain.

Thus a particular civil court at a particular position in the hierarchy would be

able to adjudicate civil cases only of a particular monetary value and further

only from a particular territory.

The Hierarchy and the nomenclature of these civil courts varies in different

states.

In Delhi for instance there are very broadly following levels of civil courts.

1. District Judge & his collateral additional District Judges

2. Senior Civil Judge

3. Civil Judge

4. Small Cause courts.

Civil cases up to the monetary value of three Lakhs are filed before the Civil

Judges. The Civil cases having monetary value between three Lakhs and twenty

Lakhs are filed before the District Judge or additional district Judge. The Civil

cases having monetary value above twenty Lakhs are filed directly in the High

Court.
The Small Cause Courts are established to adjudicate upon small cause matters

such as guardianship and custody matters which can be adjudicated in a

summary trial that is, without a protracted and extensive civil trial.

The court of Civil Judge, Senior Civil Judge and Additional District Judges on

the other hand entertain regular matters requiring proper civil trial following all

the rules of evidence and procedures envisaged in the civil procedure code.

CIVIL COURTS
HIERARCHY

SUPREME COURT

HIGH COURT

DISTRICT COURT

SENIOR CIVIL JUDGE

COURT

CIVIL JUDGE
COURT

SMALL CAUSE
COURT
 f. Observance of Civil Case
 Facts

Mrs. Nalini w/o Mr. Tanaji Rao Ghadge

Age: 59 Years, Occupation: Housewife

Address: G.H. 94 Scheme No.54 Vijay Nagar, Indore (M.P.)

………… PLAINTIFF
V/S
1. Rajendra S/o late Gangadhar
Address- Khajrani Tehsil and district Indore

2. Prakash S/o Late Vidhyadhar

Address – Sadar

3. Mrs. Saraswati w/o Mahesh Prasad

Address – Sadar

4. Mrs. Parvatibai w/o Narmada Prasad

Address- Sadar

5. Mrs. Kamla w/o Kailash Joshi

Address – 33 Somnath Chawl, Indore

6. Mohan s/o Kaluram Joshi

Address – 10/12 Somnath Chawl, Indore
…………….RESPONDENT
Brief Facts of the case are as follows:-

 Shrimati Nalini w/o Tanaji Rao Ghadge has purchased a

residential property having address 20/12 in Somnath Chawl
from Mr. Rajesh, Mr. Prakash, Mrs. Saraswati and Mrs.
Parvatibai through Mrs. Kamla w/o of Kailash Joshi in
3,50,000.

 As she wants to have possession of the said property she

came to know that the property is already in possession of
Mr. Mohan.

 She requested Mr. Mohan to vacate the place as soon as

possible because the said property is being purchased by her
on which Mr. Mohan refused by stating that the said
property is 33 Somnath Chawl and it is his property after
asking for document proof Mr. Mohan showed the purchase
agreement on which Mrs Nalini has a serious objection.

 Moreover after investigation it is found that the property

broker Mrs. Kamla and Mr. Mohan are relatives. Even after
multiple requests the same is being denied by Mr. Mohan.

 Henceforth, a legal suit is filed in civil court for eviction and

possession of the said property.
  ISSUES

Purv pithasin adhikari dwara nimn vaadprasahan vicharit kiye gaye jinke
nishkarsh samaksh is prakar hai:-

 Kya vaadi makan no. 20/12 shetrafal 20 feet by 24.6 feet kul 42
vargfeet sthith somnath ki nai chawl indore ka vikray patra
dinank 07.03.11 ke madhyam se kravy karne ke aadhar par
swatvadhaari hai?

 Kya vaadi ka makan no. 20/12 somnath ki nayi chawl indore

prativaadi kramank 06 ke makan number 33 shetrafal 20 feet by
40 feet kool 800 vargfeet stith somnath ki nayi chawl indore ka
hi bhaag hai?

 Kya vaadi prativaadigan se vaadgrast makan ka aadipatya

praapt karne ka adhikari hai?

 Sahyata avem vvya?

 Hearing Analysis

 I (Kushal Bothra) attended my maiden hearing of the case on

the date of presentation i.e. 14.02.2014 by assisting the
lawyer on this case. On that day witness namely Girish
Ghatge Plaintiff witness no.2 was on the dice to put forth his
views.

 Advocate: Sir, Today I want to call upon Girish Ghatge son

of Mrs. Nalini as a witness.

 Judge: Is the prosecution aware of the fact?

 Advocate: Yes, My Lordship

 Judge: You may proceed

 Advocate: Girish please come on the dice and put your views
in front of the court

 Girish: Sir, I am son of Mrs. Nalini ghadge . Sir I would like

to brief the things which has happened. When I went to take
possession with my mother for the said property we met
Kailash Joshi who is property broker and helped us to get the
property after that we went to the property for possession but
we came to know that the said property is already in
possession of Mr. Mohan and he refused to give us
possession stating that the said property is legally possessed
by him.

 Judge: Is the instant registry is on your name?

 Girish: No Sir, even I was not present when the papers are
being signed. The said property is being purchased on my
mother’s name.

 Judge: you haven’t asked for proof from Mr. Mohan

 Girish: Sir, We have asked and he showed us the paper but
after scanning the paper it was found that property doesn’t
belong to him.

 Judge: Do you know then which property belongs to him?

 Girish: No Sir, I am not aware of this fact

 Judge: So from whom you have purchased the property?

 Girish: we have purchased the said property from Mr.

Prakash and others

 Judge: Do they had any objection on that?

 Girish: No, Sir.

 Advocate: My Lordship it is clear from the fact that Mr.

Mohan is trying to twist the facts.

 Judge: That we will look out. Girish you may go now

 Girish: Thank you Sir.

  Judgement

In a court Civil Justice Class I Indore (M.P.)

Date of Judgement: 04.03.2015

Location: Indore

Judgement is as follows:

Plaintiff is successful in proving that the said property belongs to him vide
the documentary evidence and witnesses presented by her moreover the
issues no.1, 2 &3 are ruled under favour of plaintiff.
Henceforth, it is ordered by the court that:-

1. To Vacate the property as soon as possible

2. To give possession to the plaintiff
3. Defendant to pay the legal expenses borne by Plaintiff1

1
Trial by Advocate Abhijeet Dube
VII. Criminal Cases

g. Introduction
Criminal cases involve an action that is considered to be harmful to
society as a whole.
A court proceeding in which a person who is charged with having
committed or omitted an act against the community or state is
brought to trial and either found not guilty or guilty and sentenced.
Crimes are considered offenses against the state, or society as a
whole. That means that even though one person might murder
another person, murder itself is considered an offense to everyone
in society. Accordingly, crimes against the state are prosecuted by
the state, and the prosecutor (not the victim) files the case in court
as a representative of the state.
Criminal law refers to a body of laws that apply to criminal acts. In
instances where an individual fails to adhere to a particular criminal
statute, he or she commits a criminal act by breaking the law. This
body of laws is different from civil law, because criminal law
penalties involve the forfeiture of one's rights and imprisonment.
Conversely, civil laws relate to the resolution of legal controversies
and involve money damages.
 h. Observance of Criminal Trial

 Facts

Mr. Rajendra Gehlot

S/o Kailashchandra Gehlot

Age: 30 Years, Occupation: Business

Address: 343/38, Samajwadi Indira Nagar, Indore (M.P.)

…….Complainant

V/s

Mr. Kamal Karla

S/o Shankarlal Kalra

Address – 29 , Shimla Park, Nipania Road Indore (M.P)

……Accused
The brief facts of the case are furnished below:-

The complainant and the accused both had business relations. The complainant
had sold the items worth Rs. 389442 which was related to printing and graphics.
The following cheques dated 17/06/2013 of Rs. 40000, 31/07/2013 of Rs
4,2053, 21/11/2013 of Rs. 50,000, 15/10/2014 of Rs. 2,00,000 has been
presented in bank for payment and the same has been dishonoured by the bank
on 18/10/2014. On 10/11/2014 complainant wired a notice to the accused
stating the dishonour of cheques due to insufficient balance and asserted him to
pay the money, but no payment has received till date and henceforth, the instant
matter is in court of law under section 138 of negotiable instrument act, 1881.

 EFFECTIVE HEARING ATTENDED

I (Rashi Mehta) attended my maiden hearing of the case on the date of

admission i.e. 05.02.2015 by assisting the lawyer on this case. On that day
Complainant was also present with the advocate.

Applicant’s Advocate: I want admission from you on the case of cheques

dishonour of my client. I hereby would like to file my written submission.

Judge: What is the instant matter?

Applicant’s Advocate: The instant matter is of Cheque dishonour u/s 138 of

negotiable instrument Act,1881 due to insufficient balance of accused Account
the payment is not being received to my client.
Judge: Has your client given any cognizance or reminder to the accused?

Applicant’s Advocate: Yes, My lordship but the same is being disowned by him
and furthermore no payment has been done by him in the said matter.

Advocate: Sir, my client is not present due to some medical emergency kindly
issue us next date.

Judge: Okay. Looking into the facts presented in the plaint and as per the oral
contentions by the advocate I admit the case and order accused to be present in
the next hearing.

 PRELIMINARY ISSUES RAISED BY

COURT

Prakaran mai mukhyatah niman prashan vicharniya hai:-

1. Kya aaropi nai dinank 15/10/2014 cheque kramank. 572370 ka bank

canara bank ka rs 2,00,000 ka parivadi ko padaat kiya gaya tatha parivadi

dwara ukt cheque bank mai bhuktan hetu prastut kiye jane par apriyapt

nidhi ki tip ke sath bank memo dinank 18/10/2014 ko anadrut karte hue

cheque lauta diya gaya evum parivadi dwara niyat samyaavadhi mai

sushna patra diye jane ke pashchayt bhi ukt rashi ka bukhtan aaropi dwara

parivadi ko nahi kiya gaya?

  JUDGEMENT OF THE CASE

Judgement is as follows:-

Date of Judgement: 05.01.2019

Place: Indore

JUDGEMENT
 Advocate Client Analysis

After going through the matter from threshold it is asserted that Complainant is
unsuccessful in proving the charges against the accused. Henceforth, in the
instant case the accused is acquitted from the charge of Section 138 of
Negotiable instrument Act, 1881. It was further ordered to return the security
for the bail paid by the accused and it is directed by the court to prepare the
memorandum u/s 428 CRPC.
CRIMINAL CASE

Client: Hello Sir, I am Kamal. I would like to discuss the case with you
Advocate: Yes Kamal what is the matter can you please brief me ?
Kamal: The instant matter is of Cheque dishonor due to insufficient balance in
my account.
Advocate: How much was the amount?
Kamal: 3,89,446
Advocate: okay do you have any documents?
Kmal: Yes, I will provide you with all the documents within a week.
Advocate: Okay Kamal do one thing kindly provide me all the documentary
proofs pertaining to the said matter after going through that we will decide the
next course of action.
Kamal : Okay Sir.2

2
Trial conducted by Advocate Abhijeet Dube.
 ACKNOWLEDGMENT

The final outcome of this project required a lot of guidance and

assistance. I respect and thank Prof. Sangeeta Choudhary for providing
me an opportunity to work on this project, which made me to complete
the project duly.
I am thankful and fortunate to Advocate Abhijeet Dube for giving me
an opportunity to attend the trial of the case and the client analysis
session. I am grateful to him for giving me an opportunity to learn the
court craft under his guidance.
I express my humble gratitude to the team of Renaissance Law College
for providing me an opportunity to work on this
Project: Moot Court
Also, I would like to extend my sincere thanks to our Director
Mr. Divyaditya Kothari for his constant support and guidance.

Submitted By: Rashi Mehta Submitted To:Prof. Sangeeta Choudhary

Date: 05.02.2019
 Renaissance Law College

Session: 2018-2019

Project : Moot Court

Submitted by: Rashi Mehta Submitted To: Prof. Sangeeta Choudhary

B.A.LL.B(Hons.) : IX Semester