MOOT COURT PRE-TRIAL PREPARATION AND TRIAL PROCEEDINGS

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A
Report Submitted to
Dibrugarh University
As a Part of the Practical Paper (0905)
(MOOT COURT PRE-TRIAL PREPARATION AND TRIAL
PROCEEDINGS)


In Partial Fulfillment of the
Ninth Semester, B.A.LL.B Course, 2011

By

TEZOSWIE DOWARAH
9th Semester
Examination Roll No. D.U. 58/06
Registration No. 00829 of 2006-2007 of Dibrugarh University



Centre for Juridical Studies
Dibrugarh University

ACKNOWLEDGEMENT

The Bar Council of India plays important role in the development of legal education
in India. For this purpose it has been conferred with various powers. Section 7 of the
Advocates Act provides that the functions of the Bar Council of India shall be to promote
legal education and to lay down standards of such education in consultation with the
Universities in India imparting such education and the State Bar Councils and to recognize
Universities whose degree in law shall be a qualification for enrollment as an advocate and
for that purpose, to visit and inspect Universities or cause the State Bar Councils to visit and
inspect Universities in accordance with such directions as it may give in this behalf. It is a
matter of pleasure that the Bar Council of India has taken the legal education very seriously
and has given due emphasis on the practical training. In the new syllabus for the LL.B.
degree four practical training papers, have been introduced with the object to provide the law
students the professional knowledge. Moot Court, Pre-trial preparations and participation in
the trial proceedings is one of them.
As a part of B.A.LL.B., Course, I had the opportunity to work out on the practical
paper (0905) ‘MOOT COURT PRE-TRIAL PREPARATION AND TRIAL
PROCEEDINGS’. While I set the work in operation, first, I had to take help of Mr. Baharul
Islam, Lecturer, Centre for Juridical Studies, Dibrugarh University. I am very grateful to my
teacher Baharul Islam for his kind guidance and supervision on my activity. I am also grateful
to Deepom Baruah Lecturer i/c, Lecturer Dinamoni Thakuria, Lecturer Diptimoni Baruah,
Lecturer Ganga Upadhyay Centre for Juridical Studies, Dibrugarh University, for their
valuable suggestions. Moreover, I am also grateful to all the teaching personnel who very
frequently offered their suggestions to carry out the work. I am also thankful to all those non-
teaching staff of the Centre for Juridical Studies, Dibrugarh University, for their encouraging
words and keen interest and affection shown to me from the beginning of the work.
I cannot keep apart expressing my thanks to Mrs. Manashi Borah, Advocate
Dibrugarh Bar Association, Dibrugarh for her kind guidance in observation of ‘Procedure and
Practice of Trial Proceedings (Civil and Criminal)’ and Observation of ‘Interview Techniques
and Pre- Trial Preparation’. I also extend my thanks to Dibrugarh District & Session Judges’
Court, Dibrugarh Legal Service Authority, Dibrugarh District Bar Association.
I


I must convey my gratitude to my parents for their encouragement and assistance in
completion of the work. I also express my thanks to the other members of my family and my
friends who helped me in each and every step towards the completion of the work.

Tezoswie Dowarah
II




CONTENTS
Page

ACKNOWLEDGEMENT





I
REPORT







01-82
I.

MOOT COURT






03-66
1.1
MOOT COURT NO. 1 (CIVIL MATTER)


03
1.2
MOOT COURT NO. 2 (PUBLIC INTEREST LITIGATION) 21
1.3
MOOT COURT NO. 3 (CRIMINAL MATTER)


48

II

CASE OBSERVATION




67-72
2.1
CRIMINAL






67

2.2
CIVIL







70

III
INTERVIEW TECHNIQUES AND PRETRIAL PREPARATION
73-82

3.1
INTRODUCTION






73

3.2
OBSERVATIONS






77

3.3
COMMENTS






82











REPORT
Development of legal education system is necessary for development of legal works,
policies, system etc. By this intention the legislature enacted certain legislation through such
statutes. According to the Section 7 of the Advocates Act provides that the function of the Bar
Council of India shall be to promote the legal education and to lay down standards of such
education in consultation with the Universities in India imparting such education and the State
Bar Councils and to recognize Universities whose degree in law shall be a qualification for
enrollment as an advocate and for that purpose, to visit and inspect Universities or cause the
State Bar Councils to visit and inspect Universities in accordance with such directions as it may
give in this behalf.
In the new syllabus for the LL.B. degree four practical training papers, have been
introduced with the object to provide the law students the professional knowledge. Moot Court,
Pre-trial preparations and participation in the trial proceedings is one of them.
This written submission contains the reports of Moot Court, observation of the Procedure
and Practice of Trail Proceedings (Civil and Criminal), observation Interview sessions of clients
by an advocate and preparation of documents and court papers by the advocate and procedure for
filing of the suit/complaint/petition etc.
To organize artificial court for the law students is called moot court. It is a kind of a
debate on the specific case decided by the court or specific subject or issued or an imaginary case
prepared for this purpose. There are three moot courts organized in the department. The case of
first moot court is civil in nature. It is an appeal case of divorce petition in the High Court. In the
second moot court, a PIL (Public Interest Litigation) was given. Which is related which the Act
of Pre Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 and
Medical Termination of Pregnancy Act, 1971. A Criminal Case filed under Section 302 and 34
of the Indian Penal Code, 1860 was given in the third moot court. Participation in the moot court
helps us to develop our legal and presentation skill, preparation of arguments. It also enables us
to learn the art of persuasion, gives us confidence to speak before the people.
We also observe the procedure and practice of trial proceedings (criminal and civil) in the
Dibrugarh District and Session Judges’ Court by the guidance of an advocate of Dibrugarh
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District Bar Association. In the observation of civil case, an appeal suit in the Hon’ble Court of
Civil Judge (Junior Division) I, Dibrugarh, against a previous decree of, eviction of tenant under
the Assam Urban Areas Rent Control Act, 1972 was observed in where examination of
witnesses, arguments presented by advocate and the judgment given by the court were observed
and noted by observation of the said suit in various times and different dates. A criminal case
related with the Section 324 of Indian Penal Code, 1860 also observed in where the examination
of witness, arguments of the advocate appearing on behalf of the accused person and the court
judgment were observed in different dates. This observation works help us to know about the
practice and procedure in the court.
Interviewing the clients is an art and only the experience will enable a person to
understand it fully. Interview sessions with the clients whose cases are related with civil and
criminal matters are also observed. A client who claims maintenance and a person (client) who
wants to file a suit for eviction of tenant from his house were observed.
The preparation of documents and court papers by the advocate and the procedure for
filing of the suit/complaint/petition etc. were also observed at the lawyers office and in the court.
It enables us how can a case is prepared before the trial is started. It is called as Pre-Trial.
By preparation of this report, it can be this practical paper, and practical woks help us to
develop our legal skills and education and also give us knowledge about the procedure, practice
in the court, rules of the professional ethics as prescribed by Advocate Act and the rules of Bar
Council of India. It helps us to understand about the interview techniques as well as the pre trial
process.
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MOOT COURT





MOOT COURT NO. 01
MEMORENDUM ON BEHALF OF RESPONDENT
MOOT COURT NO. 01
A Civil Case under the Section 13 of the Hindu Marriage Act, 1955 and
MERORIAL ON BEHALH OF RESPONDENT
Section 19 of the Family Court Act, 1984
Civil Case under the Section 13 of the Hindu Marriage Act,


1955 and Section 19 of the Family Court Act, 1984










Submitted to







Baharul Islam







Tezoswie Dowarah
Submitted to



Counsel Appearing on behalf of the Respondent
Lecturer










Advocate
Baharul Islam





Tezoswie Dowarah
Lec
Centure
t
r
re For Juridical Studies


Appearing on behalf of the Respondent
C
D e
i ntre
bru F
g or J
arh ur
U idi
ni c
v al S
ersi tud
ty ies
Dibrugarh University

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IN THE HON’BLE GAUHATI HIGH COURT OF JUDICATURE, GUWAHATI
Dated: 29th November, 2010
CIVIL SUIT NO. 84 of 2010


SRIMATI RUKMINI CHOUDHURY BORAH
D/O. Late Ramchandra Choudhury, age: 26 years
Dispur, Guwahati, District: Kamrup, Assam

…………….. Appellant

Versus
SRI ABHIJEET BORAH
S/O Sri Nilakanta Borah, age: 30 years
Dispur, Guwahati, District Kamrup, Assam.


……….. Respondent



Appeal filed in the Gauhati High Court, Guwahati
under the Section 19 of Family Courts Act, 1984
and Section 96 of the Civil Procedure Code, 1908
before Hon‟ble Gauhati High Court, Guwahati



(Tezoswie Dowarah)
Advocate
Appearing on behalf of the Respondent
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TABLE OF CONTENTS




























LIST OF ABBREVIATIONS
INDEX OF AUTHORITIES
i.
Books
ii.
Dictionaries
iii.
Manuals and Digests
STATUTES
CASE-LAWS
STATEMENT OF THE JURISDICTION OF THE COURT
STATEMENT OF FACTS ON BEHALF OF THE RESPONDENT
STATEMENT OF PLEADINGS
PLEADINGS ON BEHALF OF THE RESPONDENT
PRAYER FOR RELIEF
EVIDENCE OF WITNESSES ON AFFIDAVIT





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