Chagla 2016 - Team OO - Memorial for Petitioner
Short Description
23 MC CHAGLA MEMORIAL NATIONAL MOOT COURT COMPETITION...
Description
TEAM CODE: OO
IN THE HIGH COURTOF JUDICATURE AT LYS ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.
OF 2016
(UNDER ARTICLE 226 OF THE T HE CONSTITUTION OF BRAAVOS) ARCHANA STARK
…PETITIONER
Versus THE FREE REPUBLIC OF BRAAVOS AND ORS.
…RESPONDENTS
ALONG WITH WRIT PETITION NO.
OF 2016
VARYS CORPORATION v. STATE OF LYS AND ORS.
MEMORIAL ON BEHALF OF THE PETITIONER
23rd M.C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
I
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
TABLE OF CONTENTS
SR . NO.
PARTICULARS
PAGE NO. III-V
1.
I NDEX OF AUTHORITIES
2.
STATEMENT OF JURISDICTION
3.
SYNOPSIS OF FACTS
4.
STATEMENT OF ISSUES
5.
SUMMARY OF ARGUMENTS
6.
ARGUMENTS ADVANCED
1-20
7.
PRAYERS
XIV
VI VII-IX X-XI XII-XIII
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
INDEX OF AUTHORITIES
TABLE OF CASES
SR . NO.
NAME OF THE CASE
CITATION
PAGE NO.
1.
State of WB v. Anwar Ali Sarkar.
AIR 1952 SC 75
2
2.
Amita v. Union of India and Anr.
(2005) 13 SCC 721
2,3,11,13
3.
TMA Pai Foundation v. State of Karnataka.
(2002) 8 SCC 481
2,11
4.
M Nagraj v. Union of India.
(2006) 8 SCC 212
2,11
5.
State of Punjab v. Kalkaran Singh.
(2006) 12 SCC 709
2, 10
6.
Budhan Choudhry v. State of Bihar.
AIR 1955 SC 191
2,5,13
(1994) 2 SCC 176
3,13
AIR 1987 SC 1690
3,13
7.
General
Manager,
Kerala
SRTC,
Trivandrum v. Susamma Thomas and Ors. Gujarat State Road Transport Corporation,
8.
Ahmedabad v. RamanbhaiPrabhatbhai and Anr.
9.
Fizabai and Ors. v. Nemichand and Ors.
AIR 1993 MP 79
3,13
10.
Chiranjit Lal Chowdhuri v. Union of India.
AIR 1951 SC 41
5
AIR 2013 SC 2582
5
11.
12.
13.
14.
State of Maharashtra and Anr.v. Indian Hotel and Restaurants Association and Ors. Maneka Gandhi v.Union of India. AK Bindal and Anr. v. Union of India and Ors. Yogesh Shantilal Choksi v. Home Secretary, Govt. of Kerala and Anr. Shri DK Basu, Ashok K. Johri v. State Of
AIR 1978 SC 597.
5,6,14,15,1 6,19
AIR 2003 SC 2189
6, 14
1983 CriLJ 393
6,14
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
State Road Development Corporation Ltd. 17.
Rylands v. Fletcher.
(1868) LR 3 HL 330
6
18.
MP Electricity Board v. Shail Kumar.
AIR 2002 SC 551
7
19.
Kartar Singh v. State of Punjab.
(1994) 3 SCC 569.
8,16
(2007) 4 SCC 669
11
Management of Coimbatore District Central 20.
Co-operative Bank v. Secretary, Coimbatore District
Central
Co-operative
Bank
Employees Association and Anr. 21.
Dharam Dutt v. Union of India.
(2004) 1 SCC 712
12
22.
RBI v. Peerless General Finance.
(1996) 1 SCC 642
12
23.
DTC v. Mazdoor Union DTC.
AIR 1991 SC 101
15
AIR 1999 Ker 385
15
AIR 2000 SC 2083
15
AIR 1950 SC 27
15
AIR 1980 SC 470
18
AIR 1969 SC 783
18,20
2010(2)ALLMR81
18,20
AIR 1994 Bom 323
20
24.
K Ramakrishnan and Anr v. State of Kerala and Ors.
25.
State of AP v. Challa Ramakrishna Reddy.
26.
Gopalan v. State of Madras.
27.
28. 29. 30.
Jolly George Varghese and Anr. v. The Bank of Cochin. Maganbhai Ishwarbhai Patel etc. v. Union of India and Anr. Karan Dileep Nevatia v. Union of India. PB Samant and Ors. v. Union of Indiaand Anr.
EFERRED BOOKS R EFERRED
D. D. Basu, Shorter Constitution of India, India , 14th Edition, Edition, 2009, Vol. 1 & 2.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
STATUTES
THE CONSTITUTION OF BRAAVOS THE CONSTITUTION OF I NDIA BRAAVOSI MERCHANT SHIPPING ACT PROTECTION OF MARITIME TRADE ACT THE FATAL ACCIDENTS ACT, 1855
INTERNATIONAL CONVENTIONS
CONVENTION ON PREVENTION OF PIRACY IN THE BRAAVOSI ARCHIPELAGO
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
STATEMENT OF JURISDICTION
THE PETITIONER HAS FILED THE PRESENT WRIT PETITION INVOKING THE JURISDICTION OF THE HON’BLE HIGH COURT OF LYS UNDER ART ICLE 226 OF THE CONSTITUTION OF BRAAVOS. THE PETITIONER STATES THAT THE PRESENT PETITION DEALS WITH SUBSTANTIAL QUESTIONS OF LAW AND THAT THE PETITIONER HAS NO ALTERNATIVE EFFICACIOUS REMEDY EXCEPT TO APPROACH THIS HON’BLE COURT.
THE PRESENT PETITION SETS FORTH THE FACTS, CONTENTIONS AND ARGUMENTS IN THE PRESENT CASE.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
STATEMENT OF FACTS
Archana Stark (Petitioner ) is a citizen of the Free Republic of Braavos ( Braavos ).
Varys Corporation ( Varys Corporation ) is a company incorporated in the Republic of Volantis (Volantis ).
Braavos is an island country in the continent of Essos. Volantis is a neighbouring island country. Lys is a constituent state in Braavos (L ys ). ).
Before 2013: Export of Tullyfish ( Fish ) in large quantities was a valuable source of earning foreign exchange for Braavos. The catch of the Fish eventually reduced due to overfishing.
2013: The fishermen of Braavos were having problems in catching the Fish to sustain a living. The banking system of Braavos collapsed. Some fishermen turned to piracy to supplement their income. Braavos was located close to major shipping routes. The problem of piracy in and around the th e waters of Braavos posed a problem in shipping and trade in the region.
192 countries attended the ‘Third Conference on the Law of the Sea’ ( UNCLOS I I I ) to curb piracy and signed the ‘Convention on Prevention of Piracy in the Braavosi Archipelago’ (Dr agon ). The Dragon treaty inter alia provided alia provided that: agon Tr eaty
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
c) The said armed guards shall be private personnel, and shall not be agents, or members of the armed forces of any country. They shall also not be considered seamen for any purposes whatsoever. (Article 18); d) In case of any criminal acts committed by these personnel, they would serve any sentence in the country of the flag state of the ship. (Article (Article 25); e) The employer’s civil civil liability in any of the wrongful acts committed by these personnel would be 20,000 Braavosi ducats. The liability is to be a strict liability and would be enforced by the ordinary Courts of the place of commission of the offence. (Article 26)” 26)” All the said the signatory nations ratified the Dragon Treaty.
December, 2015: The said signatory nations reduced the employer’s liability for the acts of Second Sons to 15,000 Braavosi Ducats ( B D ). ).
Centr al Act January, 2016: The Braavosi Merchant Shipping Act ( Centr ) was amended to
give effect to the Dragon Treaty and the following provisions were added: “Section 2 (aa) – Convention shall mean ‘the Convention on Prevention of Piracy in the Braavosi Archipelago’ as amended from time to time. Section 235A – 235A – Notwithstanding Notwithstanding anything contained in any law in force, an employer shall be liable for any act committed by any Second Sons in the course of his/her duty/employment only upto the limits provided for under the Convention. For this
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
April, 2016: Government of Lys enacted the Protection of Maritime Trade Act ( PMT ) which inter alia imposed a liability of 20,000 BDfor the acts of Second Sons on A ct all ships irrespective of their flag state in the territory of Lys. The PMT Act received the assent of the President on April 24, 2016.
May 2, 2016: Andal, a ship owned by Varys Corporation, within 3 nautical miles of the coast of Lys suspected a pirate attack from a boat speeding in the waters of Braavos. The Second Sons on board opened fire on the boat, killing the sole person on board (Deceased ). The Deceased was a fisherman. ).
The Petitioner, wife of the Deceased, made a complaint acting upon which the said ship of Varys Corporation was intercepted.
The Petitioner is inter alia challenging the relevant provisions of the PMT Act which limit liability for acts of Second Sons to 20,000 BD ( Chal l enged Pr Pr ovision ovision s of th e ) and Section 235A of the Central Act before this Hon’ble High Court. PMT A ct Hence, this Petition ( Prese ). ). Present Wr it Petiti on
Varys Corporation was made a respondent in the Present Writ Petition. Varys Corporation also filed Writ Petition No.
of 2016 ( Tagged ) challenging Tagged Wri t Peti Peti tion
the PMT Act. Both the writ petitions have been tagged.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
STATEMENT OF ISSUES
1.
Whether Section 235A of the Central Act is violative of Articles 14 and 21?
1.1. Section 235A of the Central Act provides for a limit on compensation which is violative of Article 14. 1.2. Section 235A of the Central Act is violative of Article 21. 1.3. Section 235A of the Central Act is not based on the principle of strictliability as provided in the Dragon Treaty.
2.
Whether the Challenged Provisions of the PMT Act are unconstitutional being violative of Articles 14 and 21?
2.1. The Challenged Provisions of the PMT Act are ambiguous and vague. 2.2. The Challenged Provisions of the PMT Act are unconstitutional, inasmuch as it provides for a fixed sum of 20,000 20,000 BD for the wrongful acts of the Second Sons without without adjudication, being violative of Articles 14 and 21. 2.3. Without prejudice, the Challenged Provisions of the PMT Act are unconstitutional,
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
3.
Whether the provisions of the Bilateral Treaty are against Articles 14 and 21, and are not binding on the Petitioner?
3.1. The Bilateral Treaty does not have the force of law. 3.2. The provisions of the Bilateral Treaty are against Articles 14 and 21. 3.3. The Bilateral Treaty is not binding on the Petitioner.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
SUMMARY OF THE ARGUMENTS
1.
WHETHER SECTION 235A OF THE CENTRAL ACT IS VIOLATIVE OF ARTICLES 14 AND 21?
Section 235A of the Central Act provides for a limit to the compensation receivable by the victims of wrongful acts of the Seconds Sons. Such limit is the amount mentioned in the Dragon Treaty. Limit or a cap on compensation to the victims is arbitrary, unjust and violative of Articles 14 and 21 of the Constitution of Braavos. Furthermore, the amount of compensation under the Dragon Treaty has already reduced from 20,000 BD as it stood originally to 10,000 BD in February, 2016; which has reduced the limit of compensation under the Central Act. However, there has been no change in the circumstances existing in Braavos which warrant such reduction. Section 235A of the Central Act is also ambiguous, absurd and violative of Article 14 as it applies only when employees, that is, the Second Sons are a par ty to the Dragon Treaty.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
Further, providing a fixed amount of compensation to the Petitioner without consideration to the facts and circumstances of the case results in an impermissible classification which is violative of Articles 14 and 21. Without prejudice, providing a limit of 20,000 BD upto which the liability of the owner extends is violative of Articles 14 and 21. Therefore, the Challenged Provisions of the PMT Act are arbitrary and should be struck down as unconstitutional.
3.
WHETHER THE PROVISIONS OF THE BILATERAL TREATY ARE AGAINST ARTICLES 14 AND 21, AND ARE NOT BINDING ON THE PETITIONER?
The Bilateral Treaty in itself does not have the force of law in Braavos unless it is incorporated into the laws of Braavos by the Parliament. The Bilateral Treaty is against Articles 14 and 21 of the Constitution as it seeks to exclude all civil liability for wrongful acts of the Second Sons when the ship is flagged in Volantis.The enactment of a law by Parliament in respect of treaties/agreements/conventions is necessary when the treaty or
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
ARGUMENTS ADVANCED
1.
WHETHER SECTION 235A OF THE CENTRAL ACT IS VIOLATIVE OF ARTICLES 14 AND 21?
1.1. SECTION 235A OF THE CENTRAL ACT PROVIDES FOR A LIMIT ON COMPENSATION WHICH IS VIOLATIVE OF ARTICLE 14. 1.1.1.Limit on compensation is arbitrary and violative of Article 14 inasmuch as it treats the Petitioner differently from similarly placed victims in terms of adjudication of damages. Section 235A of the Central Act reads thus: Notwithstanding anything contained in any law in force, an employer shall be liable for any act committed by any Second Sons in the course of his/her duty/employment only upto the limits provided for under the Convention. For this provision to apply the employees must be a party to the Convention.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
second expression has been borrowed from American jurisprudence. 1 ‘ Equality Equality before the law’ law’ means that amongst equals, the the law should be equal and should be equally administered.2 ‘ Equal Equal protection of the laws’ laws ’ deals with the implicit concept of equality that persons who are infact unequally circumstanced cannot be treated on a par 3 and equals cannot be treated as unequals4. ‘ It It is now well established that while Article 14 forbids class legislation, it does not forbid reasonable classification for the purposes of legislation.In order, however, to pass the test of permissible classification two conditions must be fulfilled, namely, (i) that the classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group, and (ii) that differentia must have a rational relation to the object sought to be achieved by the statute in question. The classification may be founded on different bases, namely, geographical, or according to objects or occupations or the like. What is necessary is that there must be a nexus between the basis of classification and the object of the Act under consideration. It is also well established by the decisions of this Court that Article 14
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
have a right to approach a Civil Court for compensation inter alia under Torts, and Fatal Accidents Act, 1855. The compensation of the said similarly placed victims in a Civil Court is ascertained in accordance with the circumstances and the actual damage or injury suffered in each case without any limit on compensation. The said victims are entitled to receive a fair, just and equitable compensation.6 Various factors are taken into consideration7 while accessing compensationsuch as life expectancy of the deceased, income of the deceased, better employment opportunity, number of dependants, loss of consortium etc. The said similarly placed victims do not have a cap orlimit on the quantum of compensationreceivable while the amount mentioned in the Dragon Treaty is the maximum amount of compensation which can be received by the Petitioner as per Section 235A of the Central Act. It is submitted that this results in differential treatment and such differential treatment results in classification of victims into 2 categories, one which does not have a limit on compensation and the other with a limit on compensation, and seeks to treat the Petitioner differently from similarly placed victims without any plausible reason. It is submitted that ‘ Equality Equality before the
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
and the object of curbing piracy. Therefore, such classification fails the dual test laid down under Article 14. Further, it is unjust and arbitrary to put a limit on the compensation of victims of wrongful acts of Second Sons without any reasonable grounds when the actual damage may amount to much more. It is thus submitted that Section 235A of the Central Act is violative of Article 14. 1.1.2.The Limit of compensation has reduced as a result of reduction of the amount provided for in the Dragon Treaty. It is submitted that the compensation amount under the Dragon Treaty has already been reduced from 20,000 BD as was originally envisaged by 192 nations, to 15,000 BD in December 2015 and to 10,000 BD in February, 2016. It is submitted that the limit of
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
Sons and if such provision is to apply only when the Second Sons are from States which are parties to the Dragon Treaty, it results in a classification of victims. Victims of wrongful acts of a Second Son who is from a State which is a party to the Dragon Treatyare treated differently from victims of wrongful acts of a Second Son who is from a State which is not a party to the Dragon Treaty. Treat y. The former category of victims has a limit on the compensation receivable from the employer whereas the latter category of victims has no limit on the compensation receivable even though all other material circumstances are the same. Article 14 provides that ‘there ‘there should be no discrimination between one person and another if as regards the subject-matter of the legislation their position is the same same’’9. Therefore, Section 235A classifies thesimilarly placed victims of wrongful acts of Second Sons into 2 separate
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
It is submitted that in Maneka Gandhi 11 case, it was held that the expression personal liberty is of the widest amplitude. Right to life is the most fundamental of all human rights, and any decision affecting human life must call for the most anxious scrutiny. Right to life has been expanded to include a plethora of rights such as right to livelihood 12, right to access courts13 of justice, right to compensation for being deprived of one’s life and liberty 14 etc. 1.2.2.Test propounded byArticle 14 pervades Article 21. It is submitted that deprivation of one’s o ne’s life or liberty is not justified unless it is in accordance with a procedure established by law. However, if the procedure prescribed does not satisfy the requirements of Article 14, it would be no procedure at all within the meaning of Article 21.15 Article 14 and 21 are the heart of the Chapter on fundamental rights. ri ghts. They cover various
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
Liability is a principle laid down in Rylands v. Fletcher v. Fletcher 17which provides that ‘if one brings upon his land anything which would not naturally come on it, and which is in itself is dangerous, and may become mischievous if not kept under proper control, though in so doing he may act without personal wilfulness or negligence, he will be liable in damages for any mischief thereby occasioned ’. The Supreme Supreme Court of India observed ‘… ‘ … a person person undertaking an activity involving hazardous or risky exposure of human life is liable under Law of Torts to compensate for the injury suffered by any other person irrespective of any negligence or carelessness on the part of the manager of such undertakings. The basis of such liability is the foreseeable risk inherent in the very nature of such activity. The liability cast on such person is known in law
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
guards. It is the duty of the shipping companies to be diligent and vigilant in hiring, training and managing the said armed private security personnel. The nature of the risk involved is such that a very high degree of care is expected from the employers and very few defences are permissible. Accordingly, the nature of civil l iability of the employers a strict one. However, Article 235A of the Central Act does not recognise the employer’s civil liability as strict liability. It is submitted that for the following reasons, the employer’s civil liability ought to have been a strict liability (i) the nature of activity being inherently risky; (ii) the armed private security guards are placed on vessels in furtherance of the shipping company’s interests; (iii) the employer’s degree of degree of care ought to be very high; (iv) without strict liability, the defence of reasonable care and precaution is available to the employer which lowers the
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
2.
WHETHER THE CHALLENGED PROVISIONS OF THE PMT ACT ARE UNCONSTITUTIONAL?
2.1. THE CHALLENGED PROVISIONS OF THE PMT ACT ARE AMBIGUOUS AND VAGUE.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
situation resulting in discrimination, which consequently leads to a violation of Article 14. Clear and specific provisions remove the ambiguity in the statute and avoid dual interpretations, which safeguards the interest of individuals in similar circumstances. It is therefore submitted that the PMT Act is violative of Article 14 and should be struck down as void for vagueness.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
varies from one case to another, for instance it can vary from temporary disablement to permanent disablement or death, etc. Similarly, theChallenged Provisions of the PMT Act do not contemplate any difference between victims of intentional wrongful acts and victims of negligent wrongful acts.In each of the abovementioned instances, the compensation receivable by the victims from the owner would be the fixed sum of 20,000 BD. Therefore,
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
of differentially placed victims is wholly arbitrary. There is no reasonable ground to give equal treatment to victims who have suffered differentially. Therefore the Challenged Provisions of the PMT Act are arbitrary. (c)
In the absence of nexusto the object to be achieved by the PMT Act, equal treatment of unequals is discriminatory and violative of Article 14.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
entitled to receive a fair, just and equitable compensation25. Various factors are taken into consideration26 while accessing compensation. Such victims do not have a fixed quantum of compensationreceivable irrespective of the facts of the case. This differential treatment of the Petitioner results in classification. It is submitted that ‘ Equality Equality before the law’ law’ forbids discrimination between persons who are substantially in the same or similar circumstances. 27
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
It is submitted that in Maneka Gandhi 29 case, it was held that the expression personal liberty
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
by the th e Court. Court. Petitioner’s right to a fair hearing, hearing , and to approach the Court for adjudication
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
followed. followed. ‘Procedure’ means the manner and form of enforcing the law. 39 Supreme Court of
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
compensation is violative of Articles 14 and 21, it is further submitted that the Civil Courts in
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
23RD M. C. CHAGLA MEMORIAL GOVERNMENT LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2016
3.
WHETHER THE PROVISIONS OF ‘TREATY TO AMEND THE DRAGON
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
Trusted by over 1 million members
Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.
View more...
Comments
