f\--oR 2.

-X~M I NAT/ ON
('.:2.0,.1)
Pa.._r~-r-
Total marks:100
PART-I
(Answer all questions from Part - I, each question is of 10 marks)

1. What are the different jurisdictions exercised by the Supreme Court of India.
Briefly explain them along with their source in the Constitution of India?

2. According to Article 141 of the Constitution of India law declared by Supreme

Court shall be binding on all Courts (within the territory of India and
according to Article 142 of the Constitution of India, the Supreme Court in
exercise of its jurisdiction may pass such decree or make such order as is
necessary for doing complete justice: -

(i) • Therefore, in doing complete justice can the Supreme Court pass
orders dehors the applicable statutory provisions?

· (ii) Can the Supreme Court while passing orders under Article 142 of the
.
Constitution of India fulfil legislative gaps?

3. (i) Can the powers of l½.e Supreme Court under Article 136 of the
Constitution of India be overridden by a legislative enactment?

(ii) Can the right to file a petition under Article 136 of the Constitution of
India be nullified because the tenant has given an undertaking to vacate
the premises before the High Court?

(iii) What are the legal effects of dismissal in limine of a Special Leave
Petition under Article 136 of the Constitution of India?

4. Does the power of the Supreme Court to issue a writ under Article 32 of the
Constitution of India and that of High Courts under Article 226 of the
Constitution of India form part of the basic structure of the Constitution and
can never be taken away? Explain by giving case law?

1
 PART-II
(Answer any four questions from Part - II, each question is of 10 marks)

5. A Public Interest Litigation is filed in the Supreme Court under Article 32 of

the Constitution of India and must follow the same procedure as is prescribed
for filing an Article 32 Petition, but are there any specific requirements to be
followed in drafting a Public Interest Litigation under Article 32 ?

6. Article 137 of the Constitution of India expressly confers upon the Supreme
Court the power to review its own judgments. Which order of the Supreme
Court lays do-,.,vn
the grounds to be taken for a Review Petition in a proceeding
arising out of the civil matters? And which grounds should be taken in a
Review Petition filed in a criminal proceeding?

7. (a) What is the difference in powers of the Supreme Court under Section
25 of the Code of Civil Procedure, 1908 and an Application of
Transfer under Section 406 of the Code of Criminal Procedure, 1973 ?

(b) Does the right of dominus litis eclipse the demand for transfer of a
case?

8. Explain the essential features of Order XLVIII of the Supreme Court Rules,
2013?

9. The Supreme Court of India has framed a Scheme, pursuant to the provisions
of Section 11 (12) (a) of the Arbitration and Conciliation Act, 1996, under this
Scheme the request to the Chief Justice of India is to be made in writing. What

2
 PART-III
(Answer any 10 questions from this Part, each question is of2 marks)

10. If a Vakalatnama is executed in presence of the Advocate-on-Record, is it

necessary for him to certify that it was executed in his presence ?
However, if a Va.1<.alatnama
is already executed in presence of a Notary or an
Advocate, what is the Advocate-on-Record required to do if he accepts the
same?

11. Every Advocate-on-Record is to keep such Books of Account as may be

necessary and distinguish in conner-::onwith his/her practice as an Advocate-
on-Record but which are the two important Books of Account he is required to
keep in accordance with Order IV, Rule 7d(i)(ii) of the Supreme Court Rl1les,
2013 .•

12. For the purposes of Supreme Court Rules what will construe misconduct or
conduct of unb,ecoming of an Advocate-on-Record, according to Order IV,
Rule 10 explanation (a), (b) and (c)?

13. Is it necessary for an Advocate-on-Record to employ a registered Clerk, and

notify the Registrar and Secretary, Supreme Court Bar Association for that
purpose?

14. An Application has been filed by Advocate-on-Record for exemption from

filing of certified copies of judgments, decrees, orders, certificates or orders,
granting a certificate, where would such an Application be listed ?

Application for surrendering by the accused be listed, and how many

opportunities can an accused avail of on this count ?

16. Under the provisions of Order VI, Rule 1 proviso which are the categories of
matters that may be heard and disposed of finally by a Judge sitting singly.

3
17. You filed a Special Leave Petition under Article 136 of the Constitution before
a Vacation Judge in vacation raising a substantial question of law relating to
interpretation of the Constitution, can the Vacation Judge finally dispose of
that Special Leave Petition ?

18. What is the difference between intervention and impleadment?

19. (a) The Supreme Comi of India issues Notice in a Special Leave Petition,
you are Advocate-on-Record of ti'le Petitioner, what steps have to be
undertaken by you so that the Notice is issued by the Registry ?

(b) Do you need to deposit a process fee ?

(c) If so, how much and where ?

(d) How do you ensure that notice is served?

(e) When is an Affidavit of Service necessary ?

(f) Who prepares the Affidavit of Service and what are its essentials ?

20. The power of the Supreme Court to punish for contempt, including for
contempt of itself flows from which Article of the Constitution ? Does the
Supreme Court have the power to punish for contempt not only the High
Courts and the subordinate Courts but also tribunals like Income Tax
Appellate Tribunal (ITAT) ?

21. Please illustrate briefly whether the Supreme Cou..'iRules, 2013 for e-filing
Petitions in the Supreme Court have been suitably amended. What is the
procedure fore-filing in the Supreme Court?

22. What is the meaning of obiter dicta, can you cite a case in which this dicta has
been applied by the Supreme Court ?

4
23. What is the difference between the doctrine of stare decisis and res judicata as
regards the binning natureof judgments?

24. Does a summary dismissal by a non-speaking order of a petition for Special

Leave against a judgment or order of High Court to approval or altemt1nce
thereof?

25. What is the practice when a Two Judges Bench differs from a decision
rendered by another Bench of two, three, or five Judge?

26. (a) What is a Court of Record ?

(b) Is the Supreme Court a Court of Record?
(c) Under what power and when were the rules for Supreme Court of India
were first made ?

27. The Supreme Court of India exercises plenary power under Article 136 of the
Constitution of India, explain?

28. (a) Is there a Mediation Centre in Supreme Court premises ?

(b) Can the Supreme Court compel parties to appear before the Supreme
Court Mediation Centre ?

29. What are the Certificates neeessary to be filed along with a Curative Petition
and what is the limitation for filing this petition in the Supreme Court ?

5
 SUPREME COURT OF INDIA
ADVOCATE-ON.:RECORD EXAMINATION- 2021

TIME:3HOURS
TOTAL MARKS:100
PAPER-II - DRAFTING

INSTRUCTIONS:

l . ATTEMPT ONE QUESTION ONLY FROM EACH OF THE SECTIONS I, II,

III &IV
2. ALL QUESTION CARRY EQUAL MARKS.
3. 30 MINUTES EXTRA TIME IN ADDITION TO 3 HOURS TO WRITE THE
ANSWERS SHALL BE ALLOWED FOR READING THE QUESTION PAPER.

SECTION: I
QUESTION 1: OPTION 1

BUT THE LIST OF DATES AND AFFIDAVIT ARE NOT NECESSARY IN

TIDS QUESTION.

1. A (Vendor), an owner of a plot and B (Vendee) entered into an ?..greement

dated 28.12.2012· for sale of a plot of land for construction of a house in
Jaipur City. The Agreement witnessed the following conditions: The total
consideration would by Rs. 20 lakhs. B would pay an advance of Rs. 2 Lakhs
on 28.12.2012, at the time of entering into the Agreement, A would supply the
original title documents for examination of B on 30.12.2012. B would, upon
the examination of documents, and measurement of the property, pay a further
sum of 8 lakhs. The parties would thereafter execute the sale deed on
26.01.2013 whereupon B would pay a.'1 balance sum of 10 lakhs. It was
specifically mentioned that time was of the essence of the Agreement.
2. However, even though B made the requisite payment on 28.12.2012, A did
not supply the title deeds to B, as agreed, on 30.12.2012. On 26.01.2013, B, on his
part, paid a swn of Rs. 4 lakhs to A in furtherance of the Agreement, even though
A did not produce the title deeds. It is relevant to note that as on this date, A
was in possession of the property and all the mutation docwnents, electricity·and
water biiis were in ihe name uf A.

3. On 27.02.2016, B issued a notice to A for specific performance of the

Agreement. 'A' issued a reply on 29.02.2016 stating that due to the reluctance
of B to ensure payment of the amounts due, A had executed a sale deed dated
25.01.2015 in favour of C and C is now the owner of the property.

4. Aggrieved, B instituted a suit against A on 04.03.2017 for specific

performance of the agreement dated 2 8.12.2012 as well as for the cancellation
of the sale deed dated 25.01.2015, without impleading Casa party before the trial
court. A contested the suit, claiming that C was a necessary party and without
the impleadment of C, the suit was liable to be dismissed. The trial court heard
the matter and considered the issues on merits. It examined the Plaintiff as PWl
on 12.08.2017, and in his cross- examination, he admitted that he was going
through financial difficulties during the period. The trial court, after framing
issues, was pleased to decree the suit on 01.02.2019, findingthat:
( i) a subsequent purchaser was not a necessary party to the suit;
(ii)time was not of the essence of the agreement between the parties;
(iii) The suit was filed within the period of limitation prescribed for
specific performance;
(iv) The Plaintiff was ready and willing to perform his obligations under
the Agreement.

5. Aggrieved, A preferred a first appeal being RFA N o.1114/2019 dated

01.04.2019, before the High Court. The High Court on a re-appreciation of
evidence did not agree with the findings of the Trial Court by judgment dated
04.03.2020 .. It was found,
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the Hon 'ble Supreme Court in Kasturi vs. lyyamperumal and others - (2005) 6
SCC 733. He has submitted that in this case it has been held that in a suit for
specific performance of a contract for sale of property a stranger or a third party
to the contract cannot be added as defendant in the suit. In our opinion, the
aforesaid decision is clearly distinguishable. In our opinion, the aforesaid
decision can only be understood to mean that a third party cannot be impteacied
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specific performance if he has no semblance of title in the property in dispute.

Obviously, a busybody or interloper with no semblance of title cannot be impleaded
in such a suit. That would unnecessarily protract or obstruct the proceedings in the
suit.
10. However, the aforesa;d decision will have no application where a third party
shows some semblance of title or interest in the property in dispute. In the present
case, the sale deed in favour of C demonstrates that he was not a necessary party
in the suit as it was for C to take an active interest in the suit and plead his case.
14. ... The Plaintiff could not prove either his readiness or wiilingness to perform
his obligations under the Agreement of sale. It is settled law that the expressions
'readiness' and 'willingness' refer to the capacity to pay so far as the expression
'readiness' is concerned and the intention to go through with the transaction as
reflected in the expression 'willingness'. These are the meanings of the expressions
'readiness' and 'willingness' as held in various judgments of the Supreme Court and
one such judgment of the Supreme Court in this regard is in the case of JP. Builders
and Another v. A. Ramadas Rao (2011) 1 SCC 429. We will therefore have to
examine as to whether the plaintij.f was always ready and willing to enter into the
sale deed till the time of the present.final arguments andfrom the date of entering into
the agreement to sell. It is clear that since A made regular payments, over and above
what was due from him, he was both ready and willing to execute the obligations
under the Agreement. Therefore, on this count, the Ld. Trial Court did not commit
any error.
15 . On account of limitation too, the Trial Court does not commit any error. Article
54 of the Limitation Act, 1963, prescribes limitationfor a suit of specific performance
as runningfrom either of the twofollowing dates:
"The date.fixed/or the performance, or, if no such date is.fixed, when the plaintiff has
notice that performance is refused. In the present case, no such date wasfixed and the
first date from which the plaintiff was refused performance was only on 29.02.2016.
Therefore, the limitation period would beginfrom the said date. "
 6. Aggrieved, B requires a special leave petition to be drafted in the case. Set out
a brief synopsis of the core issu~ involved in the matter, the relevant questions
of law and grounds as well as the grounds on interim relief and the interim relief
claimed.

SECTION: I
QUESTION 1: OPTION 2

NOTE: A BRIEF SYNOPSIS \VITH SHORT CAUSE TITLE IS

NEEDED BUT THE LIST OF DATES AND AFFIDAVIT ARE NOT
NECESSARY IN THIS QUESTION.

1. One Mr. X was involved in the trade of plastic goods by way of a sole
proprietorship by name M/s XYZ. The sole proprietorship entered into various
agreements for supply of goods in the course of its business. At the same time, for
commercial reasons, Mr. X promoted a Company limited by shares by name
' PQR Pvt. Ltd., for the purpose of owning the assets on which the plant of M/s
XYZ is situated. It is to be noted that Mr. X was the Managing Director and
majority shareholder in the Company.
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which a· company promoted by Mr. X, viz., PQR Pvt.Ltd. stood as a

corporate guarantor. As per the terms of the Agreement,
a. M/s XYZ was to supply 1,00,000 units of goods to Mis ABC by 01.10.2014
at the rate of Rs. 10,000/- per unit;
b. M/s ABC was to pay an advance of Rs.2,00,00,000/- (Rupees two crores) as
an advance amount for the supply of plastic goods;
c. If M/s XYZ were to commit a default on the supply, PQR Pvt. Ltd. would
be required to repay Rs. 2,00,00,000/- plus compound interest at the rate of 12
percent per annum;
d. Mis XYZ was to certify the genuineness and quality of the product at the
time of supply of the gooas.
3. Due to floods in the area of the plant, M/s XYZ was unable to supply the
goods within time. Therefore, Mis ABC issued various letters to PQR Pvt.
Ltd. and M/s XYZ beginning from 01.11.2014 seeking the refund of the
moneys paid by Mis ABC to it. By letter dated 14.12.2014, Mis ABC also
sought to invoke the guarantee given by PQR Pvt. Ltd. in order to satisfy the
debts.
4. PQR Pvt. Ltd. sought to clear the debts by making regular payments of
Rs.25,00,000i- (rupees twenty five iakhs) to Mis ABC, every six: months.
Thus, the arbitration did not take off. However, Mis ABC agreed that PQR
Pvt. Ltd. may make the payments as suggested by it to clear the loan, as
suggested by it in the letter. Accordingly, PQR Pvt. Ltd. made payments of
Rs.75,00,000/- over an eighteen month period from 01.01.2015 to 01.06.2016.
Thereafter, no payments were made by PQR Pvt. Ltd. to M/s ABC. At the
same time, PQR Pvt. Ltd. acknowledged the liability in its balance-sheets and
accounts for each year, without any caveats and unequivocally.
5. On 01.07.2019, Mis ABC sought to invoke the Insolvency and Bankruptcy
Code ["IBC"], 2016 due to the non-repayment of the amounts due to it from
PQR Pvt. Ltd. Therefore, Mis ABC issued a notice under Section 8 of the IBC
to PQR Pvt. Ltd. stating that an amount of Rs. 1.25 Crores plus interest
 .,/,.
compounded at 12 percent annually remained unpaid by PQR Pvt. Ltd. PQR
Pvt. Ltd. issued a reply to the notice, stating that:
(i) the period of limitation to invoke the IBC had expired, and thus the notice
was time-barred;
(ii) PQR Pvt. Ltd. was not a Corporate Debtor as the Principal Debtor
was not a Body Corporate covered by the IBC.
(iii) In any case, the amount claimed by M/s ABC was much more than the
amount agreed to be paid by PQR Pvt. Ltd. in its letter dated 01.01.2015, as
no interest component was agreed upon.
'-.

6. Due to the non.;.payment of the debt due, M/s ABC filed an application
under Section 9, IBC before the Adjudicating Authority, Delhi. The
Adjudicating Authority allowed the application and directed the initiation of the
Corporate Insolvency Resolution Process. The Adjudicating Authority found that:
a. A corporate guarantor of an individual can be proceeded against by an
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Surana v. Union Bank Of India & Anr. (2021 SCC Online SC 267) where it was
held,

"21. It may be useful to also advert to the generic provision contained in

Section 3(37). It postulates that the words and expressions used and not
defined in the Code, but dejined in enactments referred to therein, shall have
the ;neanings respective(v assigned to them in those ~4.cts.Dra1•ving support
fi·om this provision, it must follow that the len,der would be a financial
creditor within the meaning of the Code. The principal borrower may or may
not be a corporate person, but if a corporate person extends guarantee
for the loan transaction concerning a principal borrower not being a
corporate person, it would still be covered within the meaning of expression
"corporate debtor" in Section 3(8) of the Code.
22. Thus understood, it is not possible to countenance the argument of the
appellant that as the principal borrower is not a corporate person, the
financial creditor could not have invoked remed_yunder Section 7 of the Code
against the corporate person who had merely offered guarantee for such loan
account. That action can still proceed against the guarantor being a
corporate debtor, consequent to the default committed by the principal
borrower. There is no reason to limit the width of Section 7 of the Code
despite law permitting initiation of CIRP against the corporate debtor, if and
when default is committed by the principal borrower. For, the liability and
obligation of the guarantor to pay the outstanding dues would get triggered
coextensive(v. "
b. The debt was not time-barred in light of the judgment of the Court in Asset
Reconstruction Company (India) Limited Vs. Bishal Jaiswal (2021 SCC Online
SC 321) where it was held,
"32.A perusal of the aforesaid Sections would show that there is no doubt that
the filing of a balance sheet in accordance with the provisions of the Companies
Act is mandatory, any transgression of the same being punishable by law.
However, what is of importance is that notes that are annexed to or forming part
of such financial statements are expressly recognised by Section 134(7).
Equally, the auditor's report may also enter caveats with regard to
acknowledgements made in the books of accounts including the balance sheet. A
perusal of the aforesaid would show that the statement of law contained in Bengal
Silk Mills (supra), that there is a compulsion in law to prepare a balance sheet but
 no compulsion to make any particular admission, is correct in law as it would
depend on the facts of each case as to whether an entry made in a balance sheet qua
any particular creditor is unequivocal or has been entered into with caveats, which
then has to be examined on a case by case basis to establish whether an
acknowledgement ofliability has, in fact, been made, thereby extending limitation
under Section 18 of the Limitation Act."
c. The alleged dispute in the amounts to be paid was n0t a pre-existing dispute.
The Authority relied on Mobilox Innovations (P) Ltd. v. Kirusa Software (P) Ltd.,
(2018) 1 SCC 353 where it was held,
"33. The scheme under Sections 8 and 9 of the Code, appears to be that an
operational creditor, as defined, may, on the occurrence of a default (i.e. on non-
payment of a debt, any part whereof has become due and payable and has not been
repaid), deliver a demand notice of such unpaid operational debt or deliver the copy
cf an invoice demanding payment of such amount to the corporate debtor in the
form set out in Rule 5 of the Insolvency and Bankruptcy (Application to
Adjudicating Authority) Rules, 2016 read with Form 3 or 4, as the case may be
[Section 8( I)}. Within a period of 10 days of the receipt of such demand notice or
copy of invoice, the cmporate debtor must bring to the notice of the operational
creditor the existence of a dispute and/or the record of the pendency of a suit or
arbitration proceeding filed before the receipt of such notice or invoice in relation to
such dispute [Section 8(2)(a)}. What is important is that the existence of the dispute
and/or the suit or arbitration proceeding must be pre-existing i.e. it must exist
before the receipt of the demand notice or invoice, as the case may be. In case the
unpaid operational debt has been repaid, the corporate debtor shall within a period
of the self-same 10 days send an attested copy of the record of the electronic
transfer of the unpaid amount from the bank account of the corporate debtor or
send an attested copy of the record that the operational creditor has encashed a
cheque or otherwise received payment from the corporate debtor [Section 8(2)(b)}. It
is only if, after the expiry of the period of the said 10 days, the operational creditor
does not either receive paument from the corporate debtor or notice of dispute,
that the operational creditor may trigger the insolvency process by filing an
application before the adjudicating authority under Sections 9(1) and 9(2) . This·
application is to be filed under Rule 6 cf the Insolvency and Bankruptcy
(Application to Adjudicating Authority) Rules, 2016 in Form 5, accompanied
with documents and records that are required under the said form. Under Rule
6(2), the applicant is to dispatch by registered post or speed post, a copy of the
a.,.viulica"tion
to tiie registered oJ./fice (f the co;porate debtor. Under Section 9(3),
along with the application, the statutory requirement is to furnish a copy of ihe
invoice or demand notice, an affidavit to the effect that there is no notice given by
the corporare debtor reluii,ig tu a dispute of the unpaid operationcd debt (1.nd a
copy of the certificate from the financial institution maintaining accounts of the
operational creditor c_onfirmingthat there is nu puy,nent of an unpaid operc::iona!
debt by the corporate debtor. --'!partfrom this information, the other information
required under Form 5 is also to be given. Once this is done, the adjudicating
authority may either admit the application or reject it. If the application made
under subsection (2) is incomplete: the adjudicating authority, under the proviso
to sub-section (5), may give a notice to the applicant to rectify defects within 7
days of the receipt of the notice from the adjudicating authority to make the
application complete. Once this is done, and the adjudicating authority finds
that either there is no repayment of the unpaid operational debt after the invoice
[Section 9(5)(i)(b)J or the invoice or notice of payment to the corporate debtor
has been delivered by the operational creditor [Section 9(5)(i)(c)], or that no
notice of dispute has been received by the operational creditor from the
corporate debtor or that there is no record ofsuch dispute in the information
utility [Section 9(5)(i)(d)J, or that there is no disciplinary proceeding pending
against any resolution professional proposed by the operational creditor [Section
9(5)(i)(e)], it shall admit the application within 14 days of the receipt of the
application, after which the corporate insolvency resolution process gets
triggered. On the other hand, the adjudicating authority shall, within 14 days of
the receipt ofan application by the operational creditor, reject such application
if the application is incomplete and has not been completed within the
period of 7 days granted by the proviso [Section 9(5)(ii)(a)]. It may also reject
the application where there has been repayment of the operational debt [Section
Y(5)(ii)(b)J, or the creditor has not delivered the invoice or notice for payment to
the corporate debtor [Section 9(5)(ii)(c)]. It may also reject the application if the
notice of dispute has been received by the operational creditor or there is a
record of dispute in the information utility [Section 9(5)(ii)(d)]. Section
9(5)(ii)(d) refers to the notice of an existing dispute that has so been received,
as it must be read with Section 8(2)(a). Also, if any disciplinary proceeding is
pending against any proposed resolution professional, the application may
be rejected [Section 9(5) (ii)(e)]."

7. Aggrieved, PQR Pvt. Ltd. filed a statutory appeal before the NCLAT which came
to be allowed finding that
"15. The Operational Creditor is claiming that the Debt due is more than Rs. 1
lac. If, it may also be due for payment as it will be becoming the job of IRP to
reconcile and get the disputed amount segregated and the claim can be counted
provided the application meets the criteria of Section 8 & 9 of the Code. The
Object of the Code is not recovery of money but to bring out of insolvency and
maximization of value of assets of the Corporate Debtor. It is also very much
clear that if there is a dispute as per relevant provisions of the Code, it is
incumbent on the Adjudicating Authority to reject the petition/application as per
the provisions of the Section 9 of the Code. It is also very much clear in this
case that there is a disJJUteqf the Debt and dispute resolution mechanism is also
provided in the purchase order. Since the l&B Code, 2016 debars the application
qf the Code for recovery of money as well as if there is a dispute then
also petition /application requires to be rejected. ...
16. The Hon'ble Apex Court in K. Kishan v. Vijay Nirman Co. (P) Ltd., (2018) 17
SCC 662 clearly held, that "22. Following this judgment; it becomes dear that
operatjonal creditors cannot use the Insolvency Code either prematurely or for
extraneous considerations or as a substitute for debt enforcement procedures.
The alarming result of an operational debt contained in an arbitral award for a
small amount of say, two lakhs of rupees, cannot possibly jeopardise an
otherwise s9lvent company worth several crores of rupees. Such a company
would be well within its rights to state that it is challenging the arbitral award
passed against it, and the mere factum of challenge would be sufficient to state.
that it disputes the award. Such a case would clearly come within para 38 of
 7
Mobilox Innovations [Mabilox Innovations (P) Ltd. v. Kirusa Software (P) Ltd,
(2018) 1 SCC 353: (2018) 1 SCC (Civ) 311), being a case of a pre-existing
ongoing dispute between the parties. The Code cannot be used in terrorem to
extract this sum of money of rupees two lakhs even though it may not he
finally payable as adjudication proceedings in respect thereto are still pending.
We repeat that the object of the Code, at least insofar as operational creditors are
concerned, is to put the insolvency process against a corporate debtor only in
clear cases where a real dispute between the parties as to the debt owed does not
exist. 11
"18. Since Hon 'ble Apex Court has clearly laid down the mechanism to be operated
by Operational Creditor in terms of Section 8 & 9 of the Code, it is very clear that the
undisputed debt is sine qua non of initiating CIRP as also the debt should be due and
payable. Since, the order of Adjudicating Authority in the present case, as enumerated
above, does not meet the above criteria and hence the appeal needs to be allowed.
We are not passing anycomment on the merit of the dispute between the parties and
the parties are free to approach appropriate forum for recovery or dispute
resolution.11

There was no adjudication on the merits of the matter by the NCLAT.

8. Aggrieved, Mis ABC requires a Civil Appeal to be drafted in the case ..Set out
a brief synopsis of the core issues involved in the matter, the relevant questions of
iaw and grounds as well as the grounds on interim 'relief and the interim relief
claimed.

SECTION: II
QUESTION 2: OPTION 1

DRAFT A COMPLETE SPECIAL LEA VE PETITION (CRL) WITH A

BRIEF SYNOPSIS. NOTE THAT LIST OF DATES, AFFIDAVIT, CAUSE
TITLE, CERTIFICATE ETC. ARE NOT REQUIRED TO BE DRAFTED
IN THIS QUESTION.
1. The case of the prosecution is that on 19.12.2015 at about 9.15 pm,
information was received by PS Rahimpur, U.P from the police control room to
the effect that a girl had been kidnapped in a blue coloured BMW near Kali
Cl1ow·k a11d cai· is procee\ii11gtowards Iiarya11a. PW-19-SI 1;ve11t to tlie spot~
where the statement of complainant, PW -1. a friend of victim girl named Ms. X.
was recorded. As per the complaint. PW- I was returning home along with her
fric-,n:k 1\,,f" Y »ncl 1\,,f<: V »nil "vhc-,n thc-,v -,-p,:i..-,hPi!nP.<i.,.K ll f1 l'hnv.rk
------- - --· -- ---- -·--· -- ---- ··----- ----.., -- - --- ------ .. 7 ll hJm,,
BMW came from behind and one boy opened the door of the car and pulled
T\-1r,;
.. X forcibly in~ide the car., There \"!.tete about 3-4 persons in the car. On
the basis of the complaint, FIR was initially registered under Section 363 IPC.
2. The police ma de efforts to trace the victim girl Ms. X, aged about 19 years
but in vain. That on 24.12.2015, PW 12-Inspector on petrolling duty intercepted
blue BMW, which was being driven, by Mr. A. On suspicion, Mr. A was brought
to PS by PW-12, where PW-21 made enquiry from Mr. A. Mr. A made voluntary
statement confessing that he along with his brother Mr. B and his friend Mr. C
had kidnapped Ms. X,.:ommitted rape on her, killed her and threw her dead body
 8
in the fields near Rajapur, in Haryana. Mr. A was arrested and thereafter Mr. B
and Mr. C were also arrested. Their voluntary statements were recorded, which
were to the same effect.
3. PW-21 searched the car and seized Jack and Panna from the boot of the car
and sent them for examination. PW-21 along with his crime team and two accused
Mt.Band Mr. C left to search dead body. Mr. A was left at police station.
ASI PW-22 of Haryana police along with his crime team was present at the
spot. Thedead body was recovered from the field as pointed out by Mr.Band
Mr. C. The crime team of UP found hair strand from the body of the deceased
and one purse consisting of ATM card, driving licence, school leaving
certifiettte of Mr. A.
4. PW -18 who conducted autopsy found 20 injuries consisting of incised wound,
lacerated wound, burnt wounds, contusions etc. The injury shows that deceased
was brutally beaten up and hot linear objects was placed upon her body. The
wad injury was found sufficient to cause death. The Doctor opined that the
head injury could be caused by Panna.
5. CFSL team inspected the car on 26.12.2015 and seized hair strand from
imide the car and also seized car seat covers. CSFL results show that a) Blood
stains on the jack matched with DNA profile of deceased b) The hair strand
lifted from rear seat of the car and blood spot collected from seat cover matched
with the DNA profile of the deaceased c)The DNA extracted from the semen
spot found from the car matched with the DNA profile of Mr. A. d) Human
Sfmen was also found in the vaginal swab of the deceased matched with Mr. B
a1d Mr. C. and e) The DNA extracted from the hair strand lifted from the body
of deceased matched with DNA profile of Mr. B.
6. The charges were framed under Sections 365, 367, 376 (2)(g), 302, 201 IPC
r/w Section 34 IPC. The prosecution examined PW-I to PW-23. The witnesses
PW-1, PW-2, PW- 3 deposed about the kidnapping of the deceased in blue BMW.
PW-5 is the owner of the BMW car, who deposed that the car was in possession
of Mr. A, who was his driver at the relevant time. PW-10 and 11 are witnesses
in whose presence the disclosure statements were made by Mr. A, B and C and
for recovery of dead body with articles. PW-10 and 11 turned hostile. The
disclosure statements were made by l\llr. A, Band C before IO- PW-21. PW- 1
2, ASL PW-15, 16, and 17 are police personnel from Haryana, who were
present at the spot when UP police reached the spot. PW-14 is CFSL
examiner. PW-18 is doctor. PW 19, 20 and 21 are team members who went to
Haryana to find dead body.
7. Tne Learned Dist.-ict Judge, by its judgment and order dated 15.02.2017,
convicted all the accused and sentenced them to undergo RI for five years
each under Section 365 IPC. Section 367. RI for ten years for offence punishable
under Section 376(2)(g) IPC and RI for life imprisomnent under Section 302 IPC.
The learned judge held that prosecution has proved the charges beyond
reaso,.nable doubt by proving each circumstance independentiy.
8. The A, B and C filed appeals before the High Court. The contentions
raised by Mr. A are that he has no connection with the alleged crime and he
has been falsely implicated. The arrest of Mr. A in the manner stated is
improbable. Mr. A was taken for . the recovery of dead body and therefore,
the disclosure statement is not admissible in evidence. There are no
fingerprints picked/found from the car or from the Jack and panna. There are no
blood stains on the Punna. There is nothing to connect the accused to weapon
said to have been used for the offence. The owner of the car has used the car
from 19.12.2015 to 24.12.2015 and did notnotice any stainsorhairstrand. The
inspection and seizure by CFSL is one week later and PW-14 found no seal on
the door of car nor the keys of the car was under any seal. The High Court
dismissed the appeals.

9. Mr. A has approached you to draft special leave petition (criminal) on his
be~alf challenging his conviction.

SECTION:11
QUESTION 2: OPTION 2
DRAFT A COMPLETE SPECIAL LEA VE PETITION (CRL). WITH
BRIEF SYNOPSIS. NOTE THAT LIST OF DATES, AFFIDAVIT, CAUSE
TITLE, CERTIFICATE ETC ARE NOT REQUIRED TO BE DRAFTED
TN
..... , TJ..IT.4ii:
............ ...., OTTl<'~TTON
'"'<. '"'-- .... ___ ,_ ...

1. Mr. A availed loan facility from Bank to purchase Audi Car in January 2015
and executed hypothecation agreement along with irrevocable PO. Mr. A
defaulted in payment to the b~ and Bank initiated its process for taking
control / possession of the said car to recover its. dues from the sale of the said
car m October 2016.
2. After demonetization policy \.Vas annouJ1cedon 08.11.2016, car ;vas
r,np
VJ.J.""

intercepted on 29.11.2016 near Delhi border by police. The occupant was found in
possession of unaccounted and unauthorized demonetized currency notes worth
Rs. four Crore. FIR was registered for offences punishable Ut7.derSection 420, 120-
B IPC against the occupant.
3. On investigation, it is found that Mr. A had floated four fictitious
companies with his associates including occupant of the car. The
demonetized notes worth about 10 crore were deposited in the accounts of
four fictitious companies during the period 10.11.2016 to 21.11.2016 in
consideration of cash and gold so as to project the sameas untainted money. As per
IO, certain recoveries incl tiding gold were made from Mr. A and his associates,which
are the "proceedsof the crimes".
4. The i nforrnation was conveyed to Enforcement Authorities and case was
registered under Prevention of Money Laundering Act, 2002 (PMLA for short).
After investigation, the Enforcement Authorities presented complaint under Section
45 of PMLA to Special Court, which took cognizance. Simultaneously, on the basis
of reasons to believe recorded in writing, provisional attachment order was passed
and properties of Mr. A including audi car were attached.

5. 1be Adjudicating Authority issued a notice under Section 8 to the bank to

show cause as to why Audi car be not attached. After hearing, the Adjudicating
Authority confirmed the attachment order. The Appellate Tribunal set aside the order
of the adjudicatingauthority and directed the vehicle to be returned to the bank
holding that bank is entitled to dispose of the car and to recover the balance amount
due to it under the loan contract as per law. The Appellant Tribunal held that the
loan facilitypre-dated the allegations of money laundering and the finance used for
its acquisitions do not represent "proceeds of crime". It was also held that BarJ<. has
 fO

first charge over the hypothecated property under SARFAESI Act, which- will prevail
over PMLA. The Bank has acted bonafide with due diligence. There is no referene
of the equivalent value or the tainted property.
6. The Enforcement Authorities filed criminal appeal Wlder Section 42 of PMLA.
The Hon'ble High Court allowed the appeal holding that
a) The empoweredEnforcementOfficerhas power to attach not only "tainted property ..
but also any other asset or property of equivalent value of the offender or money-
laundering.
b) The PMLA, by virtue of Section 71 has the overriding effect over other existing
laws in the matter of dealing with "money-laundering" and "proceeds of crime"
relating thereto.
c) If the property of a person other than the one accused of (or charged with) the
offence of money laundering i.e. a third party, is sought to be attached and there is
evidence available to show that such prope1iy before its acquisition was held by the
person accused of money-laundering (or his abettor), or it was involved in a
transaction which had interconnection with transactions concerning money-
laundering, the burden of proving facts to the contrary so as to seek release of such
property from attachment is on the person who so contends.
d) That an order or attachment under PMLA is not illegal only because a secured
creditor has a prior secured interest (charge) in the property, within the meaning of
the expressions used in RDBA and SARFAE SI Act.
e) TheAudicaris sought to be atached and subjected to eventual confiscation on
account of they being the alternative attachable properties or deemed tainted
properties, ,vhich is permissible in law·.
7. The relevant provisions of law are set out for ready reference. The Bank has
approached you for drafting Special leave petition (Criminal) to challenge the
Impugned judgment.

The Prevention of Money Laundering Act, 2002 (15 of 2003)

Section-2. Definations.- In this Act, unless the context otherwise requires,-
(a) XXX XXX
(u) "proceeds of criine" means any property derived or obtained, directly or indirectly,
by any person as a result of criminal activity relating to a scheduled offence or the
value of any such property 3 [or where such property is taken or held outside the
country, then the property equivalent in value held within the country] 4[or abroad];
5. Attachment of property involved in money-laundering.-4[(l)Where the
Director or any other officer not below the rank of Deputy Director authorised by the
Director for the purposes of thissection, has reason to believe (the reason for such
belief to be recorded in writing), on the basis of material in his possession, that-
(a) any person is in possession of any proceeds of crime; and
(b) such proceeds of crime are likely to be concealed; trnnsfonf.:'.dor deB.ltwith !!l any
manner which may result in frustrating any proceedings relating to confiscation of
such proceeds of crime under this Chapter,
be may, by order in writing, provisionally attach such property for a period not
exceeding one hundred and eighty days from the date of the order, in such manner as
may be prescribed:
Provided that no such order of attachment shall be made unless, in relation to
the scheduled offence, a report has been forwarded to a Magistrate under section 173
of the Code of Criminal Procedure, 1973 (2 of 1974), or a complaint has been filed by
a person authorised to investigate the offence mentioned in that Schedule, before a
Magistrate or court for taking cognizance of the scheduled offence, as the case may
be, or a similar report or complaint has been made or filed under the corresponding
law of any other country:
Provided further that, notwithstanding anything contained in 1[first proviso],
any property of any person may be attached under this section if the Director or any
other officer not below the rank of Deputy Director authorised by him for the purposes
of this section has reason to believe (the reasons for such belief to be recorded in
writing), on the basis of material in his possession, that if such property involved in
money-laundering is not attached immediately under this Chapter, the non-attachment
of the property is likely to frustrate any proceeding under this Act.]
[Provided also that for the purposes of computing the period of one hundred and
eighty days, the period during which the proceedings under this section is stayed by
the High Court, shall be excluded and a further period not exceeding thirty days from
the date of order of vacation of such stay order shall be counted.];

(2) The Director, or any other officer not below the rank of Deputy Director, shall,
immediately after attachment under sub-section (J), forward a copy of the order, along
\Viththe material in his possession; referred to in that sub-section, to the Adjudicating
Authority, in a sealed envelope, in -the manner as may be prescribed and such
Adjudicating Authority shall keep such order and material for such period as may be
prescribed.

(3) Every order of attachment made under sub-section (J) shall cease to have effect
after the expiry of the period specified in that sub-section or on the date of an order
made under 3[sub-section (3)] of section 8, whichever is earlier.

(4) Nothing in this section shall prevent the person interested in the enjoyment of the
immovable property attached under sub-section (J) from such enjoyment.
Explanation.-For the purposes of this sub-section, "person interested", in relation to
any immovable property, includes all persons claiming or entitled to claim any interest
in the property.

(5) The Director or any other officer who provisionally attaches any property under
sub-section (J) shall, within a period of thirty days from such attachment, file a
complaint stating the facts of such attachment before the Adjudicating Authority.

8. Adjudication.-
(]) On receipt of a complaint under sub-section (5) of section 5, or applications made
under sub-section (4) of section 17 or under sub-section (10) of section 18, if the
Adjudicating Authority bas reason to believe that any person has committed an
1[offence under section 3 or is in possession of proceeds of crime], it may serve a
notice of not less than thirty days on such person calling upon him to indicate the
sources of his income, earning or assets, out of which or by means of which he has
acquired the property attached under sub~section (J) of section 5, or, seized 2[or
frozen] under section 17 or section 18, the evidence on which he relies and other
relevant information and particulars, and to show cause why all or any of such
properties should not be declared to be the properties involved in money-laundering
and confiscated by the Central Government:
Provided that where a notice under this sub-section specifies any property as being
held by a person on behalf of any other person, a copy of such notice shall also be
served upon such other person:
Provided further that where such property is held jointly by more than one person,
such notice shall be served to all persons holding such property.
(2) Th~ Adjudicating Authority shall, after~
(a) considering the reply, if any, to the notice issued under sub-section (J);
(b) hearing the aggrieved person and the Director or any other officer authorised by
him in this behalf; and
(c) taking into account all relevant materials placed on record before him,
by an order, record a finding whether all or any of the properties referred to in the
notice issued under sub-section (J) are involved in money-laundering:
Provided that if the property is claimed by a person, other than a person to whom the
notice had been issued, such person shall also be given an opportunity of being heard
to prove that the property is not involved in money-laundering.
(3) Where the Adjudicating Authority decides under sub-section (2) that any property
is involved in money-laundering, he shall, by an order in writing, confirm the
attachment of the property made under sub-section (1) of section 5 or retention of
property or 3[record seized or frozen under section 17 or section 18 and record a
finding to that effect, whereupon such attachment or retention or freezing of the seized
or frozen property] or record shall-
(a) continue during 1[investigation for a period not exceeding 2[three hundred and
sixty-five days] or] the pendency of the proceedings relating to any 3[offence under
this Act before a court or under the corresponding law of any other country, before the
competent court of criminal jurisdiction outside India, as the case may be; and]
4[(b) become final after an order of confiscation is passed under sub-section (5) or
sub-section (7) of section 8 or section 58B or sub-section (2A) of section 60 by the
5[Special Court];]
6[Explanation.-For the purposes of computing the period of three hundred and sixty-
five days under clause (a), the period during which the investigation is stayed by any
court under any law for the time being in force shall be excluded.]
(4) Where the provisional order of attachment made under sub-section (1) of section 5
has been confirmedl.h~der sub-section(3), the Directoror any otherofficer authorised
by him in this behalf shall forthwith take the ?[possession of the property attached
under section 5 or frozen under sub-section ( 1A) of section 17, in such manner as may
be prescribed:
Provided that if it is not practicable to take possession of a property frozen tmder sub-
section ( 1A) of section 17, the order of confiscation shall have the same effect as if the
property had been taken possession of.]
8[(5) Where on conclusion of a trial of an offence under this Act, the Special Court
finds that the offence of money-laundering has been committed, it shall order that such
property involved in the money-laundering or which has been used for commission of
the offence of money-laundering shall stand confiscated to the Central Government.
( 6) \Vhere on conclusion of a trial under this Act, the Special Court finds that the
offence of money-laundering has not taken place or the property is not involved in
money-lau,.,dering, it shall order release of such property to the person entitled to
receive it.
( 7) Where the trial under this Act cannot be conducted by reason of the death of the
accused or the accused being declared a proclaimed offender or for any other reason or
having commenced but could not be concluded, the Special Court shall, on an
application moved by the Director or a person claiming to be entitled to possession of
a property in respect of which an order has been passed under sub-section (3) of
.............·,...,. 0 _....,,..,.. ..,.______ • ..... ,.. .....,_,.l,., ... ,.., .............. -....1· ... ,_ .........,_.,,_-,..,_..... ·-- ....._ --1 ......., ........ .C ♦ t.. .... ________ ...,_ ......
C,vl.,LlVH o, !-'""" a!-',lJlVpllalv VlUl.,lC, 11.,5a1uu15 1.,v1111;,1.,auvu Vl lvlv'1C,<; Vl Lil<; ,lJlV,lJl:;ll)', a;,

the case may be, involved in the offence of money-laundering after having regard to
the material before it.]
9[(8) Where a property stands confiscated to the Central Government under sub-
section (5), the Special Court, in such manner as may be prescribed, may also direct
the Central Government to restore such confiscated property or part thereof of a
claimant with a legitimate interest in the property, who may have suffered a
quantifiable loss as a result of the offence of money laundering:
 t3

Provided that the Special Court shall not consider such claim unless it is satisfied that
the claimant has acted in good faith and has suffered the loss despite having taken all
reasonable precautions and is not involved in the offence of money laundering:]
1[Provided further that the Special Court may, if it thinks fit, consider the claim of the
claimant for the purposes of restoration of such properties during the trial of the case
in such manner as may be prescribed.]

The provisions of this act shall have effect notwithstanding anything inconsistent

The Securitisation and Reconstruction of Financiai Assets and

Section-35. The provisions of this Act to ove1Tideother laws,- The provisions of this
Act shall have effect, notwithstanding anything inconsistent therewith contained in
any other law for the time being in force or in any instrument having effect by virtue
of any such law.

The Recovery of Debts due to Banks and Financial Institutions

Act, 1993.
Section~34, Act to have overriding effect.-
Cl) Save as provided under sub-section (2), the provisions of this Act shall have effect,
notwithstanding anything inconsistent therewith contained in any other law for the
time being in force or in any instrument having effect by virtue of any law other than
this Act.
(2) The provisions of this Act or the rules made thereunder shall be in addition to, and not
in derogation of, the Industrial Finance Corporation Act, 1948 (15 of 1948), the State
Financial Corporations Act, 1951 (63 of 1951), the Unit Trust of India Act, 1963 (52
of 1963), the Industrial Reconstruction Bank of India Act, 1984 (62 of 1984)(, the
Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986) and the Small
Industrial Development Bank oflndia Act, 1989 (39 of 1989)]

SECTION: III
QUESTION 3: OPTION 1

NOTE: A SHORT CAUSE TITLE AND BRIEF SYNOPSIS ARE

NEEDED BUT THE LIST OF DATES AND THE AFFIDAVIT ARE NOT
NECESSARY IN THIS QUESTION.

1. All India Non-Gazetted Work-Charged Employees Union, represent about

50,000 non-gazetted work-charged employees of state A. They worked
without intem1ption as work-charged employees of state A for 30 years or
more since 1980s and came to be regularized in 2011 onwards. Thereaf:er,
some of them superannuated 2014 onwards but were declined pension and otr.er
retirement benefits on the ground that they lacked requisite years of regular
service for 22 years in regular employment under pension rules of state A,
The relevant rule 3 of the Stale of A Retirement Benefit Rules, 1961 at the
material time read as follows:

I
(.
I
 "3. In these rules, unless there is anything replfgnant in the subject or context, a
'Qualifying service' means service which qualifies for pension being the one rendered
for at least 22 years in substantive office on a permanent establishment in accordance
with the provisions of the Civil Service Regulations and/or continuous temporary or
officiating service under the Government of A followed without interruption by
confirmation in the same or any other post except the service in work charged
establishment."

2. Tht:se work-cl1arged employees through one of the empioyee member and

president of the Union approached the High Court of state A by way of a writ
petition under Art.226 to challenge the proviso to above ruie in so far as the
continuous service in work charged establishment is excluded from computation
of qualifying service for pension as discriminatory and sought declaration,
inter- alia, that the::l are entitied to pension and other retirement benefits at par
with regular employees of State A on account of long years of continuous
service which was more than requisite 22 years of service required under
pension rules of state A. The High Court of state A dismissed the writ petition
in 2016. The Special Leave Petition was filed by All India Non-Gazetted Work-
Charged Employees Union in which leave was granted and the appeal was ulti
mately allowed by Supreme Court vide a judgment delivered on 4th January,
2020 which held as follows;
"The appointment of the work-charged employee in question had been made
on monthly salary in regular pay scale and they were required to cross the
efficiency bar also. How their services are qualitatively different from regular
employees? No material indicating qualitative difference has been pointed out except
making bald statement. The appointment was not made for a particular project which
is the basic concept of the work charged employees. Rather, the very concept of
work-charged employment has been misused by offering the employment on
exploitative tem1s for the work which is regular and perennial in nature. The work-
charged employees had been subjected to transfer from one place to another like
regular employees as apparent from documents placed on record. They served for
about three decades and more and later on services have been regularized from time
to time by different orders. In the aforesaid facts and circumstances, it was unfair on
the part of the State Government and its officials to take work from the employees
on the work-charged basis for long which amow1ts to adopting the exploitative device
even though their services have been regularized later on. However, the period
spent by them in the work-charged establishment has not been counted towards
the qualifying service. Thus, they have not only been deprived of their due
emoluments during the period they served on less salary in work charged
establishment but have also been deprived of counting of the period for benefits of
pension as if no services had been rendered by them in the heydays of their life. It
would be highly discriminatory and irrational without rhyme or reason not to count
the service of work-charged period in case it has been rendered before
regularization. In our opinion, an impermissible classification has been made under
said Rule 3. As it would be highly unjust, impermissible and irrational to treat the
aforesaid classification in the proviso to the said Rule 3 as valid, we have to
strike down the proviso to said Rule 3 to the extent the service in work charged
establishment is excluded from computation of qualifying service for pension and
hold that services rendered in the capacity of work-charged employees even prior to
regularization shall also be counted towards the qualifying service for pension."

·\
.! I
~J
:I
·i:
.
I
!
i
i
t,,
3. The state of A complied with above judgment and granted pension in April
2020 to all the erstwhile work-charged employees who worked without
interruption for more than 25 years. A 11 these erstwhile work-charged
employees have been receivjng pension every month since then. By an
ordinance dated 15th April 2021 issued a week before the belated budget
session of legislature of state of A, the rule for qualifying service is changed
with retrospective effect as a result of which the pension and other retirement
benefits of all the erstwhile work-charged employees are withdrawn. By a
consequential order of 30th April 2021 directions have been issued for
recovery of pension and other monetary benefits already disbursed. The
Ordinance reads as follows:

"l. This Ordinance, the state of A qualifying Service for Pension and Validation
Ordinance, 2021, shall be deemed to have come into force on April 1, 1961.
2. Notwithstanding anything contained in any rule, regulation or Government order
for the purposes of entitlement of pension to an employee, "Qualifying Service"
means the services rendered by an employee appointed on a temporary or permanend
post only in accordance with the provisions of the service rules prescribed by the
Government for the post.
3. Notwithstanding any judgment, oecree or order of any court, anything done or
purporting to have been done and any action taken or purporting to have been taken
under or in relation to proviso to rule 3 of the State of A Retirement Benefit Rules,
l 961 before the commencement of this Ordinance, shall be deemed to be and always
to have been done or taken under the provisions of this Ordinance and to be and
always to have been valid as if the provisions of this Ordinance were in force at all
materiai times with effect from April i, i 961.
4. Save {IS otherwise provided, the provisions of this Ordin::ince shall have effect,
notwithstanding anything inconsistent therewith contained in any other law for the
time being in force or in any instrument having effect by virtue of any law for the
time being in force other than this Ordinance."

4. This ordinance'to amend the rule about qualifying service is yet to be placed
for approval before the legislature of the state A but a general order is passed on
1st May 2021 by state of A to discontinue payment of monthly pension
with immediate effect. A contempt petition filed by petitioner All India Non-
Gazetted Work-Charged Employees Union came to be withdrawn on 5th April
2021 after the Bench hearing the matter observed in course of hearing that there
cannot be contempt in exercise of legislative power even if such legislative
power is exercised illegally. The Bench hearing the matter refus~d to convert the
contempt petition as writ petition but orally agreed to hear on merit if such writ
petition is filed under Article 32 of Constitution of India. However, the said
order of 5th April 2021 simply reads;
"The contempt petition is dismissed as withdrawn. Liberty granted to take
appropriate proceedings to challenge the impugned Ordinance. "

5. The All India Non-Gazetted Work-Charged Employees Union contends

that this Ordinance is promulgated without urgency and justification to bye-pass
legislature without addressing the illegal and discriminatory basis in earlier rule 3 to
exclude period of continuous work-charge services. Please draft a writ petition with
a short cause title but at least six distinct grounds to be filed before Supreme Court of
India under Article 32 of Constitution of India along with prayers only for the
proposed application for interim relief.
 16
SECTION: III
QUESTION 3: OPTION 2

NOTE: A SHORT CAUSE TITLE AND BRIEF SYNOPSIS ARE

NEEDED BUT THE LIST OF DATES AND AFFIDAVIT ARE NOT
NECESSARY IN THIS QUESTION.

1. The Noisy National (NN) is a reputed TV Channel with large audience

throughout India known for its forthright and bold views telecast with lots of
shouting, aggressive symbolism and aplomb. Its main anchor O Rab ji is famous for
stylish presentation of political news and views and as independent crusader of
public causes which in some quarters is perceived as partisan. The headquartersof NN
are based in State of B from where O Rab ji telecast daily shows 'Here And Now' and
'Please Answer' which are immensely popular all over country. The state of B is ruled
by a coalition government which is in political opposition to some of the causes
espoused by O Rab ji in his various daily shows.

2. In a fecent episode near city of Nawab

structure encroaching on big public square was put up overnight by some
miscreants. The local authoritie.swith police took immediate action to demolish this
religious structure very next day. This demolition led to wide spread rumors of
communal clashes, violence and loss of life. In fact there was only some

3. After about a week of this incident, 0 Rab ji came on both the shows 'Here
And Now' and 'Please Answer' with claim of documentary evidence that the
religious structure in question was of origin in antiquity - a claim not generally
believed by public and strongly controverted by state of B and its officials. In the
show 'Here And Now' telecast for several days, 0 Rab ji showed selectiye
instances of atrocities on community to which the religious structure belonged
and facsimile of documents which are not easily discernible. Likewise, in the
show 'Please Answer' 0 Rab ji questioned the supposed bias of ruling
coalition against the community to which the religious structure belonged.
However, contrary to anticipation in some quarters, the impact of both the
shows remained negligible on general public which remained peaceful. The
so-called debates conducted in comse of both these shows remained
incomprehensible and none of the participants on either side of debate is held
accountable.

4. Now the police in several towns of state of B have registered cases u/s.
153-A, 295-A IPC r/w S.34 against NN and O Rab ji for spreading communal
rli,rnffPr-ti.-.n ::mo oistmhing religious hannony and peace by outraging the
religious feelings. Due to all India presence of NN and fan audience of O Rab
ji, some of the other states, in particular all having sympathetic political
affiliation to ruling coalition of state of B, have also have registered similar
cases. It is surprising that in most of the cases initiated at the instance of
private complainants, the language and tenor of original complaints appear
similar. The allegations against NN and O Rab ji are now widely reported and
summons are stated to have been served on them in respect of some of the
cases which may lead to arrest of CEO of NN Shri Shri and O Rab ji. The NN
and O Rab j i want to assert their fundamental right to freedom of speech
under Art. 19(l)(a) of Constitution oflndia and consider these cases as false,
motivated and vindictive action on part of ruling coalition of the state ofB.

5. Please draft a writ petition to-·befiled before Supreme Court under Article 32
of Constitution of India on behalf of CEO of NN, Shri Shri and O Rab ji with
a short cause title for quashing and /or transfer of all the criminal proceedings
to one place and/or omnibus anticipatory bail in all cases raising minimum of
six distinct grounds along with prayers only for the proposed application for
interim relief.

SECTION: IV
QUESTION 4: OPTION 1

NOTE: A SHORT CAUSE TITLE, BRIEF SYNOPSIS NEEDED BUT THE

LIST OF DATES, AFFIDAVIT, CERTIFICATE ETC. ARE NOT
NECESSARY IN THIS QUESTION.

1. The AMAZING CORP is UK l?ased multi-national retail giant engaged in

procurement, storage and logistic for distribution to vast number of online
customers throughout In.dia. For interstate transport of its inventory, the
AMAZING CORP entered into an agreement with READY TO MOVE CO, a
start up of young entrepreneurs, for an annual payment of Rs. 100 crores to
ferry goods 1-mtoone million !CM on tn10ks ::ini:loth~r 0nmmer~ii:il vehicles of
transport. This contract has been renewed every year for last five years with an
arbitration clause which reads as follows;
"In case of dispute between the parties to this agreement, the same shall be
r~ferred for mediation to president of Global Chamber of Commerce
failing which for arbitration by sole arbitrator to be appointed by mutual consent
of parties"

2. For last few months, AMAZING CORP has been complaining of slackness in
services of READY TO MOVE CO on account of repeated breakdowns in
vehicles causing big disruptions in delivery schedule, pilferage and loss in
transit. The READY TO MOVE CO has been assuring but not able to effectively
address these issues as the investment required to renew its existing fleet of
vehicles is not materializing due to apprehension that AMAZING CORP may
not renew the agreement for next commercial year beginning 1st July 2021.
The AMAZING CORP has withheld certain payments due to READY TO
MOVE CO and given it a notice for forfeiture of security deposit in sum of
Rs. 5 Crores lying with AMAZING CORP. The READY TO MOVE CO has
in turn suspended its transport operations for AMAZING CORP pending

3. The mediation between the parties has failed after four long sessions with
designated mediator. The notice to appoint an arbitrator was given by
READY TO MOVE CO. However, the parties are not able to agree for
nomination of sole arbitrator. Please draft a petition for appointment of a sole
arbitrator by Chief Justice of India under Sec. 11 of the Arbitration and
Conciliation Act 1996 on behalf of READY TO MOVE CO.
 SECTION: IV
QUESTION 4: OPTION 2

NOTE: IN THIS TRANSFER PETITION WITH SHORT CAUSE TITLE

AND A BRIEF SYNOPSIS ARE NEEDED BUT LIST OF DATES,
AFFIDAVIT, CERTIFICATE ETC. ARE NOT NECESSARY.

1. Mr. A and Ms. B got married in Delhi in 2011 and started living along with the
parents of Mr.A in Rajauri Garden, Delhi. Ms. B was continously harassed for dowry
by Mr. A and his family. The father of Ms. B purchased one car and gave it to Mr. A
hoping that harassment to his daughter would stop. But the harassment sill continued
as the family of Mr. A wanted father of Ms. B to buy an apartment for them.
Ultimately, the father of Ms. B purchased one aprtment in Dwarka, Delhi for her in
her name. Mr. A and Ms. B shifted to said apartment.

2. Ms. B delivered twins in 2017. After the birth, the demands of the family of Mr. A
increased. Ms. B was forced to execute revocable power of attorney, will and
agreement to sell in respect of the aforesaid apartment in favour of her husband. In
view of continued harassment to her and her children, Ms. B :~ft Delhi and reached
her parents place at Mumbai. Mr. A filed petition for restitution of conjugal rights.
Ms. B moved an application for transfer of the said petition and case was transfen-ed
to Mumbai. Certain criminal cases in connection with demand of dowry and
harassment against Mr. A and his family are pending in Courts in Mumbai.

3. Mr. A filed suit OS No. 20/2020 before the High Court of Delhi for permanent
B cluiming himself to be the O"Wner of U1eaforesaid
apartment.

4. Ms. B has approached you to draft Transfer Petition for transfer of suit for
permanent injunction from Delhi to Mumbai as she is finding it difficult to defend
the same in Delhi due to the small chilren and other reasons (you can imagine).
Ms. B instructs you that even though the suit is related to the property, it is not
unconnected to the matrimonial dispute going on between the parties at Mumbai.
While drafting the petition, also keep in mind that in order to avoid transfer, Mr.
A may ask for appearance of Ms. B though video conferencing and deal with it in
transfer petition.
 MIY1- ioo
ff /\ff:: - o1'.,-s.
LONG QUESTIONS (20 MARKS EACH, ATTEMPT 4 OUT OF 8)

1. What are the different types of duties that an advocate owes to different

categoriesof personsincludingto the PresidingOfficer of the Court? In the

eventof conflict betweendifferent duties, how would an advocatego about

resolvingsuch conflict?

2. What is the difference between "professional misconduct" and "other

misconduct"occurring in Section35(1) of the AdvocatesAct? Discusswith

referenceto decidedcases.

3. What r1re the nunishments that can he imoosed on an advor:ate for

- • 1· - - - - • I - - - - - - - - - - -

misconduct?What principlesshould be followed in decidingthe appropriate

• punishmentto be given in a given case? When can a personbe disqualified

for enrolmentas an advocate?

4. is it ethicai for an advocateto resort to strikes? To what extent is it legal

to do so? Discusswith referenceto decidedcases.

5. Vvhatis the role of the legal professionalin maintaining public trust in the

_administrationof justice? What·changeswould you propose to the Bar

Councilof India Rulesto advancesuch a role of the legal profession?

6. What do you think are the principal unethicalor sharp practicesin Indian

courts? With technologicaladvancementand new areas of legal practice,

do you think the Bar CouncilRulesare sufficientto deal with them? If not,

. what specificchangeswould you suggest?

7. What are the rules governingadvertisingand solicitation by lawyers? Are

such rules justified? What changeswould you suggest? Doesthe advent

of widespreaduse of social media makeany differenceto the situationand

doesit require a changeof approach?

8. What special duties are owed by an Advocate-on-Recordof the Supreme

Courtof India? Discusswith referenceto relevantRulesand decidedcases.

Pleaseset out your views on the necessityor otherwiseof the Advocate-on-

• Recordsystemwith referenceto decidedcases.

SHORT QUESTIONS (10 MARKS EACH, ATTEMPT 2 OUT OF 4)

9. . To what extent does a lawyer have a duty to promote conciliation and

. mediation? How is suchduty linked to professionalethics?

10. A lawyermay be appointedamicuscuriaeto assistthe Court or to represent

a party who has no legal representation. Doesthe nature of ethical duty

cast on the lawyer so appointedas AmicusCuriaevary and if so, how?

11. Your client wants you to take an adjournment of his case on whatever

ground possiblein order to avoid the hearing of the case and to cause

continuationof your interim relief and inconvenienceto other side. What

• would you do?

12. What are the sevenlampsof Advocacypropoundedby JusticeAbbot Parry?

• Whichamongstthem would you considerto be most important? Are these

iampsrelevantin modernday iegal practicein India?

 QUESTION PAPER !V {2021)
ANSWER ANY SIX QUESTION. ALL CARRY EQUAL MARKS

1. The mandatory registration of FIR under Section 154 of Cr.P.C. will not be in
contravention of Article 21 of the Constitution of India - held the Supreme
Court in the case of Lalita Kumari (2014) 2 sec01. Write a note on the,
(a) types of FIRs;
(b) significance of FIR Register, General Register and Case Diary; and
(c) exceptions carved out to conduct a preliminary enquiry before the
registration of FIR.
2. Summarise the law laid down in the case of Municipal Corporation of Ujjain
Vs. BVG India Ltd. (2018) 5 sec462, and the High Cour i's poweiS regard!ng:
(a) the scope of judicial review on the opinion of an expert body on the
technical qualifications of a bidder, and
(b) independent evaluation of technical and financial bids, as appellate
authority.·
3. How did the "Creamy Layer" principle evoive? Describe its applicability as per
the enunciations revisited in Jarnail Singh Case (2018) 10 sec396.
4. Gopal Vinayak Godse (AIR 1961 SC 600) is an authority for "sentence of
imprisonment for life means imprisonment for the whole life of the convict's
remaining life 11 • How has this sentencing for life imprisonment been extended
further in the case of Union of India Vs. V. Sriharan (2016) 7 sec191? What is
the difference between the executive powers under Sections 432 to 435 of
Cr.P.C. and the constitutional powers under Articles 72 and 161 of the
Constitution of India?
5. What are the sources and eligibility qualifications for appointment to the post
of District Judges as set out in Article 233 of the Constitution of India?
Elucidate your opinion having regard to the law laid down in Satya Narain
Singh (1985) 1 sec225 and Dheeraj Mor (2020) 7 sec401.
5. Has the policy of Tribuna!isation of justice delivery system under Articles 323-
A and 323-B of the Constitution of India served effectively the twin purpose of
providing speedy and efficacious alternative remedy and to reduce the
pendency before the High Courts? Your opinion should reflect the law laid
down in the case of L. Chandra Kumar (1997) 3 sec 262, Roger Matthew
(2020) 6SCC 1 and Madras Bar Association (2020) secOnline SC 962.
7. What are the five golden principles (Panchsheel) laid down in the case of
Sharad Sarda (1984) 4 sec116, for proving the criminal offences on the basis
1
 of circumstantial evidence? What is the additional golden thread referred to
in the administration of criminal justice, in the said case? Would the non
explanation in the statement under Section 313 of Cr.P.C., be a link to
complete the chain of circumstances?
8. "It is time that Parliament have a rethink on whether disqualification petitions
ought to be entrusted to a Speaker as the quasi-judicial authority when such
Speaker continues to belong to a particular political party either de jure or de
facto", observed the Supreme Court in the case of Keisham Meghchandra
Singh (2020) secOnline SC 55. What are the contributing factors for this
enchantment as reflected in the case of Kihoto Hollohan 1992 Supplement (2)
sec651 and Rajendra Singh Rana (2007) 4 sec270?
S. {a) 'vVho are the financial creditors and operational creditors under the
Insolvency and Bankruptcy Code, 2016 and on what grounds the classification
made between the financial creditors and operational creditors was upheld by
the Supreme Court in the case of Swiss Ribbons vs Union of India [{2019) 4
sec17p
(b) To what extent did the Supreme Court in the case of Essar Steel vs Satish
Kumar Mishra [{2020) 8 sec 531] read down the period of enquiry for the
completion of Corporate Insolvency Resolution Process (CIPR)?
10. {a) Under what circumstances the !and acquisition proceedings, initiated
under the Land Acquisition Act, 1894, will lapse under Section 24 of Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 as interpreted by the Supreme Court in the case of
Indore Development Author~ty vs Manohar Lal [{2020) 8 sec129]?
{b) Also mention the circumstances in which the proceedings will not lapse.
11. (a) What information were sought under the Right to Information Act, 2005 in
the case of Supreme Court of India vs Subhash Chandra Agarwal [{2020) 5 sec
481] and which of them were directed to be furnished?
{b) What information are recognised as personal information and cannot be
supplied?
12..(a} On what grounds the right to privacy was held to be a fundamental right in
the case of KS Puttuswamy vs Union of India [{2017) 10 sec 1] {K.S.
Puttuswamy 1)?
{b) Mention the reasons for upholding the validity of Aadhar {Target Delivery
of Financial and Other Subsidies, Benefit and Services) Act, 2016 in the case of
KSPuttuswamy vs Union of India [{2019) 1 sec1] (K.S. Puttyswamy Z).
****
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