7th R.C.

Chopra Memorial National

Moot Court Competition, 2019
March 1st and 2nd, 2019.

St. Soldier Law Students’ Society for Professional Pursuits (SLSP)

MOOT DOCUMENT
 7TH R.C. CHOPRA MEMORIAL NATIONAL MOOT COURT COMPETITION, 2019

ABOUT THE SOCIETY

The St. Soldier Law Students’ Society for Professional Pursuits (SLSP) has been recently formed
and registered by the Students of the College and the management of the Institute in the Year 2018. The
main aspiration of the Society is to develop the interest of law students by encouraging and assisting
them to develop legal acumen and apply thinking, research, drafting, advocacy and judgment skills;
lead law students to be men of stature, personality, reputation, unquestionable integrity, good character
and sturdy independence; regulate mooting, debating, drafting, quiz, sports and cultural activities in the
institute, in a just and fair manner while fascinating such activities in the best possible way. The 7th
R.C. Chopra Memorial National Moot Court Competition, 2019 will be the first National Moot Court
organized by this Society. The previous six editions of the R.C. Chopra National Moots were organized
successfully by the St. Soldier Moot Club which is now a part of St. Soldier Law Students’ Society for
Professional Pursuits (SLSP).

MESSAGE FROM THE SOCIETY

Moot Court is a simulated form of Oral Argument which is similar to an argument made before a court.
The 7th R.C. Chopra Memorial National Moot Court Competition, 2019 by St. Solider Law College,
Jalandhar is based on a problem covering the area of Family Laws prevailing in the country with a bit
of International background. Our problem is based on marriage law itself combined with Private
International Law. The topic gains importance for the reason that a lot of exploitations are daily
reported so far as NRI marriages are concerned. The previous six versions of R.C. Chopra National
Moot Court Competition had been a great success; over 50 teams had participated last year. This year’s
problem is primarily focused to enable the students to collate their knowledge, aptitude, skill,
cleverness and persuasive ability in concentration to present the arguments in support of their case.
We look forward to host your team in this MOOT COURT COMPETITION to make it a successful
event.

BEST REGARDS,
St. Soldier Law Students’ Society for Professional Pursuits (SLSP)
Chief Patron Sh. Anil Chopra, Chairman (St. Soldier Group of Institutes)
Patron Sh. Prince Chopra, Pro-Chairman (St. Soldier Group of Institutes)
President Prof. (Dr.) S C Sharma, Director
Vice President Mr. Ayush Maken, Advocate (+91-89682-45491)
Secretary Ms. Neha Tuli, Advocate (+91-94176-51162)

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 7TH R.C. CHOPRA MEMORIAL NATIONAL MOOT COURT COMPETITION, 2019

This brochure comprises of:

1. The Moot Problem,

2. The Rules and Regulations,
3. The Registration Form &
4. The Travel Plan Form.
The Teams shall duly fill the Registration form and send us the scanned copy of the same latest by 31th
Day of December 2019, via email ([email protected]).

CONTACT DETAILS

FACULTY COORDINATORS
 Ms. Balwinderjit Kaur, Assistant Professor +91-98768-16723
 Mr. Vinod Kumar, Assistant Professor +91-78888-23807
 Ms. Shobha Gulati, Assistant Professor +91-88474-09588
 Ms. Parminder Pindu, Assistant Professor +91-99153-57353

STUDENT COORDINATORS
 Himani: +91-90567-13774
 Gurjot Singh Kalra: +91-95927-34951

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 7TH R.C. CHOPRA MEMORIAL NATIONAL MOOT COURT COMPETITION, 2019

MOOT PROBLEM

Sunita and Mahesh (a Major in Indian Army), both resident of Jalandhar, belonging to
Ravidasia community of Punjab, who are Hindus by religion, got married in 2007 in Anand
Karaj form of marriage, which is the marriage ceremony of Sikhs. The couple got their marriage
registered as per the provisions of The Hindu Marriage Act, 1955 and in effect a marriage
certificate was issued by the authorities. Out of this wedlock two children were born in the year
2008 and 2011 respectively.

In 2008, after taking retirement from Indian Army, Mahesh went to England for higher studies
and stayed there for two years. Then in April 2010, he moved to Canada and called his wife to
join him there along with their first child. In January 2011, their second child was born in
Canada. In February 2011, he went to New York. Thereafter he asked Sunita to go back to
India. In March 2011, Sunita along with her children came back to Punjab (India).

After moving to New York, Mahesh severed all his contacts with Sunita. He had developed an
extra marital affair with a lady named Elizabeth Prescott. In January 2012, Sunita wrote a letter
to Mahesh expressing her willingness to join Mahesh in New York. Mahesh in reply wrote to
Sunita that she should not come to New York, as he was interested in getting their marriage
dissolved. In April 2012, he filed a petition for divorce in Trial Court of New York on the
ground that his marriage has irretrievably broken down.

Sunita could not contest these proceedings, she having no means to go to New York. Meanwhile
in July 2012, the trial court of New York granted a divorce decree in favour of Mahesh. Further,
the court ordered that the husband would pay to the wife and children an amount of Rs. 50000
per month for their maintenance. Since Mahesh failed to pay maintenance to wife and children,
Sunita approached the Trial Court of New York through a letter and prayed that she be provided
legal aid. Thereafter, proceedings were initiated and warrants of arrest were issued against
Mahesh. She further said that the ex parte decree of divorce obtained by the husband was not
binding on her and was illegal and that she continues to be the wife of Mahesh. She further

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 7TH R.C. CHOPRA MEMORIAL NATIONAL MOOT COURT COMPETITION, 2019

asserted that as per the provisions of the Hindu Marriage Act, 1956, the grounds of divorce (on
the basis of adultery, cruelty and desertion) under section 13 of the Act are available to the wife
under the given set of circumstances. In fact, she is the actual victim, who was being further
victimized by the order of the New York, Trial Court.

In April 2013, Sunita filed a petition under section 9 of the Hindu Marriage Act, 1955 for
Restitution of Conjugal Rights in the District Court, Jalandhar. Mahesh appeared in the Court
and filed an application for dismissal of petition. He did not file any written statement and he
referred to the decree of divorce granted by the Trial Court of New York and said that despite of
notice, Sunita did not contest the same and by not raising any objection she is deemed to have
accepted the jurisdiction of the Foreign Court in trying the petition and thus making the decree
nisi-absolute by the Foreign Court. Further, by accepting the maintenance, Sunita again in-effect
accepted the judgment of the foreign Court and is thus estopped from filing the present petition
(Under Section 11 read with Section 151 of Civil Procedure code, 1908). The case is pending for
adjudication in District Court, Jalandhar. Prepare memorials and argue from both sides.

Legal Issues –

1. Whether the marriage of Sunita and Mahesh is valid as per the provisions of The Hindu
Marriage Act, 1955?
2. Whether non-contest by the wife of divorce petition filed by the husband in a Foreign Court
imply that she had conceded to the jurisdiction of the Foreign Court?
3. Whether the principle of Res-Judicata under Section 11 of the Civil Procedure Code, 1908
is applicable to the proceedings being initiated in District Court, Jalandhar?

Statutes to be referred

1. The Code of Civil Procedure, 1908

2. Hindu Marriage Act, 1955
3. International Comity of Courts

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 7TH R.C. CHOPRA MEMORIAL NATIONAL MOOT COURT COMPETITION, 2019

RULES AND REGULATIONS

1. DATES AND VENUE

i. The 7th R.C. Chopra National Prized Moot Court Competition 2019 is scheduled for
1st and 2nd March, 2019.

ii. The venue for the event is St. Soldier Law College, St. Soldier Educational Complex,
Jalandhar-Amritsar Byepass (NH – 1), Near National Institute of Technology,
Lidhran, Jalandhar, 144011.

2. PRIZES
i. Winning Team – INR 11,000/-

ii. Runners Up Team – INR 5,100/-

iii. Best Student Advocate – INR 2,100/-

iv. Best Researcher – INR 2,100/-

NB:- Best Researcher Award shall be based on the score in memorials.

3. TEAM PREREQUISITES:

i. Each team shall comprise of Three (3) members ONLY out of which two (2) will be
speakers and one (1) researcher.
ii. Arguments shall generally be in English only.
iii. The competition is open for bonafide students pursuing five year and three years LL.B
course.
iv. Teams should not disclose the identity of their institution during the course of
proceedings in the Court Rooms. Any disclosure of team identities shall invite penalties
including disqualification.
v. Each team shall be provided with the team code at the time of the registration.

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 7TH R.C. CHOPRA MEMORIAL NATIONAL MOOT COURT COMPETITION, 2019

4. REGISTRATION

i. The Registration form completed with all Team Details must be submitted online by
31st of December’2018 ([email protected]) and the same must reach
(hard copy) to us, on or before 15th January, 2019
ii. A registration fee of Rs. 3500/- shall be sent by way of Demand Draft drawn in favour
of “St. Soldier Law College”, payable at Jalandhar along with the registration form.
iii. No change in the names of the participants shall be permitted after the receipt of the
Registration Form.
iv. Teams should clearly mention the names of all participants in the team, including
course, year/semester of study and contact no.
v. No team would be facilitated with the certificates during the competition. The same
shall be provided only in the Valedictory Ceremony. No certificates will be sent
through courier.

5. DRESS CODE
Inside the court room the participants shall follow the below mentioned dress code:

i. Females: White Kurta, Black Salwar and Black Dupatta or White Shirt and Black
Trousers along with the Black Coat and Tie.
ii. Males: White Shirt, Black Trousers, Black Tie along with Black Coat and Black Shoes.

6. ACCOMMODATION

The participants would be provided Accommodation for the period of the Competition in the
premises of the Institute. Please note that separate accommodation will be provided for girls
and boys. However, they may sit together for team work in the library/café of the institute.
You are advised to check the weather conditions of Jalandhar before leaving from your
native places.

7. COMPETITION ROUNDS
i.In total 32 teams shall be competing. All the rounds shall be on Knock Out basis.

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 7TH R.C. CHOPRA MEMORIAL NATIONAL MOOT COURT COMPETITION, 2019

ii. There shall be total FIVE ROUNDS spread over a period of 2 days i.e. 1st – 2nd of March,
2019. (3 rounds on 1st and later 2 rounds on 2nd March, 2019)
a. Preliminary Round (comprising of 32 teams)

b. Pre-Quarter Round (comprising of 16 teams)

c. Quarter Finals, (comprising of 08 teams)

d. Semi- Finals and (amongst of 04 teams)

e. Grand Finale (between 02 teams)

8. RULES FOR ALL THE ROUNDS

i. The criteria of marking shall be the aggregate total of the marks of both the
speakers added with overall performance of the teams.
ii. MARKING CRITERIA FOR THE ARGUMENTS: Each Speaker shall be marked on a
total of 100 marks by each Bench Judge. The following will be the Marking Criteria and
the Marks allocated to each speaker by each Judge in all Rounds:
a. Appreciation and Application of Facts. (10) Marks

b. Identification and Articulation of Issues. (10) Marks

c. Application of legal principles. (10) Marks

d. Use of authorities and precedents. (10) Marks

e. Response to questions. (10) Marks

f. Presentation skills. (10) Marks

g. Clarity of thoughts and logical structure of Arguments. (10) Marks

9. TIME SCHEME FOR ORAL ROUNDS

9.1 PRELIMINARY ROUND, PRE-QUARTER FINALS AND QUARTER FINALS

i. Each team shall be given a total of 30 minutes (maximum) to present their case.

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 7TH R.C. CHOPRA MEMORIAL NATIONAL MOOT COURT COMPETITION, 2019

ii. Each speaker should speak for a minimum 10 minutes

iii. One speaker shall not take more than 17 minutes of the total time.

iv. The maximum time for Rebuttals and Sur-Rebuttals is 5 minutes.

9.2 SEMI FINAL ROUNDS AND FINAL ROUND

i. Each team will get a total of 45 minutes to present their case.

ii. Each speaker should speak for a minimum of 15 minutes.

iii. One speaker shall not take more than 25 minutes of the total time.

iv. The maximum time for Rebuttals and Sur-Rebuttals is 7 minutes.

9.3 MAXIMUM TIME ALLOTTED

The maximum time provided would include the time that each team may wish to reserve for
their rebuttal/sur-rebuttal. At the commencement of each session, the team shall notify the
Court Officer/Court Clerk regarding the division of time between the 2 speakers (including
rebuttal/sur- rebuttal)

10. MEMORIALS

i. All teams must submit the soft copy of their Memorials for both sides AND all teams
must SEND two (2) Hard Copies of their typed Memorials for both sides. (Petitioner and
Respondent Two (2) copies each side). Also, the teams shall bring along Two (2) Hard
copy of their typed Memorials for both sides which shall be submitted at the time of
registration.
ii. The Memorials must fulfill all the following specifications;

a. Cover page / Cause title

b. Index
c. Index of Authorities
d. Statement of Jurisdiction
e. Synopsis of Facts
f. Statement of Issues

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 7TH R.C. CHOPRA MEMORIAL NATIONAL MOOT COURT COMPETITION, 2019

g. Summary of Arguments / Pleadings

h. Body of Arguments / Pleadings
i. Conclusion / Prayer
iii. The memorials shall not be in more than forty (40) pages and the Arguments shall not
exceed more than twenty five (25) pages.
iv. The Memorials shall be typed on A4 size page in Font type: Times New Roman, Font
size: 12, 1.5 line spacing & 1 inch margin on each side. Blue Book pattern shall be
followed.
v. The Cover Page of the Memorials must follow the following color scheme, Blue for the
Applicant Cover Page and Red for the Respondent Cover Page. The Memorials must be
spiral bound ONLY. Each team would be provided with a MEMORIAL CODE at the time
of online registration which will be mentioned on the top right hand side of the cover page
of each memorial in BOLD LETTERS
vi. The memorials exchange will be for Quarter Finals, Semi-Finals & Finals.
vii. The Memorials must not contain any Annexures/ Photographs / Sketches/ Exhibits /
Affidavits etc.
viii. Memorials that do not comply with the above mentioned specifications will be penalized.
ix. Identification of any type on the memorials shall invite disqualification.
x. One soft copy of memorials of each side (in PDF format) and scanned copy of Travel
Form must reach the organizers latest by 31st day of January 2019.
xi. Two (2) hard copies of each of the memorials must reach the organizers by 15th
February, 2019 at the below mentioned address. Do mention “7th R.C. Chopra Memorial
Moot Court Competition” at the top of the envelope separately.

Dr. (Prof.) S. C. Sharma [Director St. Soldier Law College.

#56 – GF, Saraswati Vihar, [Behind OLD Zoloto Industry] Kapurthala Road,

Jalandhar Punjab 144008.

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 7TH R.C. CHOPRA MEMORIAL NATIONAL MOOT COURT COMPETITION, 2019

10.1. MARKING CRITERIA FOR MEMORIALS

i. Memorial from each side shall carry total of hundred (100) marks.

ii. The following shall be the criteria for marking the memorials:

a. Knowledge of Facts (10)

b. Knowledge of Law (10)

c. Proper and Articulate Analysis (10)

d. Evidence of Original Thought (10)

e. Grammar and Style (10)

f. Correct Format and Citation (10)

g. Extent and Use of Research (20)

h. Clarity and Organization (20)

iii. A penalty of Five (5) marks for each side of memorial shall be entailed on each day‟s
default in submissions of memorials, however, no memorial shall be accepted after 15th
February, 2019 it shall be subjected to disqualification.
iv. One soft copy of memorials of each side (in PDF format) and scanned copy of Travel Form,
must reach the organizers latest by 31st day January 2019 on [email protected].
v. Two (2) hard copies of each of the memorials shall reach the organizers by 1 st February
2019, in order avoid the penalty of two (2) marks for each side each day after the midnight
of the 15th day of February, 2019.

10.2 ORAL SUBMISSIONS

i. Each team shall comprise of two (2) speakers, as has been specified earlier.

ii. Court language shall be English.

iii. Each team will have a maximum of thirty (30) minutes to present their Oral Submissions
in Preliminary Rounds. No speaker will be permitted to address the Court for more than
seventeen (17 minutes). This includes the time the speaker addresses the Court during the
rebuttal/sur-rebuttal. The maximum time for rebuttal/sur-rebuttal is five (5) minutes.

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 7TH R.C. CHOPRA MEMORIAL NATIONAL MOOT COURT COMPETITION, 2019

iv. The maximum time allotted in quarter finals, semi-finals and final shall be forty five (45)
minutes for each team. No speaker shall be allowed to address the Court for more than
twenty five (25) minutes. This includes the time the speaker addresses the court during
rejoinder/sur-rejoinder.
v. At the commencement of each session of Oral Submissions, each team must notify the
Court Officer of the amount of time that the team reserves for their rejoinder/sur-rejoinder.
A maximum of 5 minutes can be reserved for their joinder/sur-rejoinder.
vi. At the commencement of each session of Oral Submissions, each team shall notify the
Court Officer as to the division of time between the 2 speakers.
vii. If any speaker continues to speak after the completion of his/her time, he/she shall entail
penalty, which shall be upon the discretion of the judges.
viii. The final decision as to the time structure and the right to rejoinder/sur joinder will be that
of the Bench Judges.
ix. During the course of oral submissions the participants cannot submit to then court any
material containing pictorial representation whatsoever. Further the participants will not
be permitted to make any audio/visual representation nor will they be allowed to use
personal computers, laptops and any other technical or mechanical device during their oral
submissions.
x. Speakers shall not be allowed to pass annexures to the judges; instead the teams may make
a compendium of annexure that shall be given to the judges before the start of the
proceedings.
xi. If at any instance, a submission is made with any material in violation to the above clause
and if any picture, sketches, photos, cartoons, caricatures, audio film, video film,
projector- slide or a computer generated image is submitted or presented to the court, the
teams shall be disqualified from the competition forthwith.
xii. During the course of the Oral Submissions speaker shall neither reveal his/her identify nor
the identity of their University / College by any means whatsoever.

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 7TH R.C. CHOPRA MEMORIAL NATIONAL MOOT COURT COMPETITION, 2019

REGISTRATION FORM

Name of the Organization / Institution:

Address:…………………………………………………………………………

…………………………...………………………………………………………

……………………………………………………………………………………

……………………………………………….

Contact no. of the Institute : ……………………….…………

Name and Contact no. of the Teacher incharge of the Moot Society: …………………

City:……………………….…………

State:…………………………………

Pin:……………………….

PARTICULARS OF THE TEAM MEMBERS:

First Speaker

Mr. / Ms. _____________________________________ PASSPORT

SIZE
Semester / Year________________________________ PHOTOGRAPH

Contact No ___________________________________

e-mail ID _____________________________________

Signature:

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 7TH R.C. CHOPRA MEMORIAL NATIONAL MOOT COURT COMPETITION, 2019

Second Speaker

Mr. / Ms.________________________________
PASSPORT
Semester / Year __________________________ SIZE
PHOTOGRAPH
Contact No ______________________________

e-mail ID_______________________________

Signature:

Researcher

Mr. / Ms.________________________________

Semester / Year __________________________ PASSPORT

SIZE
Contact No ___________________________ PHOTOGRAPH

e-mail ID_______________________________

Signature:

Details of Registration Fee:-

Demand Draft for Rs. 3,500/- DD to be in favour of ‘St. Soldier Law College’

Demand Draft No_____________________ Payable at Jalandhar

Name of Bank _______________________

Branch ______________________________

Accommodation Required (YES/NO): ______________

Signature and Seal of the Head of the Institute

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 7TH R.C. CHOPRA MEMORIAL NATIONAL MOOT COURT COMPETITION, 2019

Please mention the Name of the Institution on reverse of original DD and send the hard copy
of the form along with DD to the following address:-

Prof. (Dr.) S. C. Sharma [Director St. Soldier Law College] #56 – GF, Saraswati
Vihar, Kapurthala Road, Jalandhar, Punjab-144008
09815158269, 01812258269, 0181-2690088

Do mention “7th R.C. Chopra Memorial Moot Court Competition” at the top of the envelope
separately.
 The registration for the competition closes on 31st December, 2019, A SOFT COPY

of the

REGISTRATION form along with the SOFT COPY of the DEMAND DRAFT shall reach
the organizers on or before midnight of 31st December 2019.
 A HARD COPY of the REGISTRATION form along with the HARD COPY of the

DEMAND DRAFT shall reach the organizers on or before 15th January 2019.

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 7TH R.C. CHOPRA MEMORIAL NATIONAL MOOT COURT COMPETITION, 2019

TRAVEL FORM
(FOR OUT- STATION PARTICIPANTS ONLY)

ARRIVAL DETAILS

Date___________________________________________________

Time___________________________________________________

Mode of Travel:

Train / Flight No:

Train / Flight Name:

Arrival Place:

DEPARTURE DETAILS

Date___________________________________________________

Time___________________________________________________

Mode of Travel:

Train / Flight No:

Train / Flight Name:

Contact Person (Name and Mobile Number) (one must be non-participant, preferably

Teacher Associated with the team ):

1.………………………………………………………………………

2..……..……………………………………………………….………

A SOFT COPY of the TRAVEL form shall reach the organisers along with the soft copy of
the MEMORIALS i.e. on or before 31 th January 2019.
A HARD COPY of the TRAVEL form shall reach the organisers along with the hard copy of
the MEMORIALS i.e. on or before 15 st Feburary 2019.

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 7TH R.C. CHOPRA MEMORIAL NATIONAL MOOT COURT COMPETITION, 2019

Note: Jalandhar is well connected by Rail, Bus and Air Service.



 The participants travelling by BUS, shall un-board the bus at PAP Chowk (every bus is
mandatory to take a stop at PAP Chowk), for pick up and drop facility.
 The participants travelling by INDIAN RAILWAYS, may choose to arrive at any of the
two railway stations. The nearest railway station is Jalandhar City, however, pick up and
drop service will be provided by the organizers to/from Jalandhar City Railway Station
(station code JUC) as well as Jalandhar Cantt. Railway Station (station code JRC).
 The participants opting for AIR TRAVEL, the nearest Airport is Guru Ram Das
International Airport, Amritsar, 80 kms. from the college. From there the participants can
easily get a bus to Jalandhar. (Airport Code ATQ).
 The local teams will have to reach the venue on their own, not later than 8:30 am on 1st
March, 2019.
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7TH R.C. CHOPRA MEMORIAL NATIONAL MOOT COURT COMPETITION, 2019

INTERPRETATION OF THE RULES

1. The decision of the organizers as regards the interpretation of rules or any other matter
related to the competition shall be final.
2. If there is any situation, which is not contemplated in the rules, the organizer‟s
decision on the same shall be final.
3. The organizers reserve the right to vary, alter, modify, or repeal any of the above rules,
if so required, as they may deem appropriate at any time; however, with proper
announcement.
4. Any dispute arising in the MOOT COURT ROOMS during the rounds would be at the
discretion of the MOOT COORDINATORS.
5. In any kind of the conflict, the decision of the Director, St. Soldier Law College,
Jalandhar would be final but the matter must be reported immediately after the same
arises.

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7TH R.C. CHOPRA MEMORIAL NATIONAL MOOT COURT COMPETITION, 2019

IMPORTANT DATES

1. Registration Opens 11 December 1018

Registration (Registration form) (Soft Copy via.

Email:- [email protected])
2. 31st December 2018
NB: Confirmation of Team Selection (Immediate
after e-mail received)
Registration (Registration form along with a DD of
3. 15th January, 2019
Rs. 3500/- ) (Hard Copy)

Submission of Memorial (in PDF format) and Travel

4. 31st January, 2019
Form (in PDF format) (Soft Copy via E-Mail)

5. Submission of Memorial and Travel Form (Hard Copy) 15 February, 2019

Inauguration, draw of lots, Preliminary Round, Pre-

6. 1st March, 2019
Quarter Finals and Quarter Finals

7. Semi-Finals, Grand Finale and Valedictory Program 2nd March, 2019

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