plz, give a quick response to it...
Haris Jamil (law student) 05 September 2009
plz, give a quick response to it...
Prakash Yedhula (Lawyer) 05 September 2009
Hi,
Now what is the issue in the Moot Court? Only then we can explore the case.
Prakash
Haris Jamil (law student) 05 September 2009
MOOT COURT PROBLEM:-
Sir ,we are supposed to prepare our arguments and memorial on behalf of Respondent ,i.e. the cigarette manufacturing companies.
Sir, Our main issue or main area of focus is that:-
1) Whether the parliament is competent enough to make this law(TOPRA)?
Ashima Puri (Advocate) 05 September 2009
the state earn its maximum tax from tobacco..... n if all the provisions while manufacturing cigrettes are followed then there is no harm in the constituitionality of this law
Haris Jamil (law student) 06 September 2009
sir ,plz help me......its really urgent......plz give me a strong point...i really want to win the case though it is very hard to go aginst the state law
Adv.Aiyer VLV (Proprietor) 09 September 2009
Hi Jamil
Parliament has ultimate authority over all items listed Schedle7 part 1 in Central list , and concurrent list. It also has power to enact laws for state list. So do not approach moot problem with authority. Lack of authority argument will weaken your case.
Look for Art19(1)g right to employment/profession and article 21 for safeguarding life of those in jeopardy - workers fo tobacco industries and traders.
in this regard you will get umpteen cases and credible arguments will be possible.
Look for specific provisions violative ( but remember asking law to be abolished must not be part of moot. you will enter whirlpools created to divert your attention) of fundamental rights.
ATB
regards
VLV