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Important Judgements Which Can be Asked in DU LLM 2022

Author : Palak Khanna

October 13, 2022

SHARE

Summary: 

At the last minute of preparations, it would definitely help if you knew a couple of questions that can be asked in your DU LLM exam, which will be conducted in just a week. 

So here is an article guiding the Important Judgements which can be asked in DU LLM 2022. 

Important Judgements are commonly asked in most of the LLM entrance exams. These are court decisions regarding the rights and liabilities of parties in a legal action or proceeding. 

These judgments are mainly covered from the contemporary legal from the DU LLM syllabus

These are very recent topics declared by the Supreme court. Since these are recent judgments, there are high chance of these Judgements appearing in your DU LLM exam. 

Let's check the Important Judgements which can be asked in DU LLM 2022 exam. 

Download FREE Study Material for DU LLM 2022 by Legal Edge

Important Judgements PDF attached for DU LLM Preparation 2022

Sadique V. State of Madhya Pradesh PDF File
State of Harayan V. RajKumar  PDF File
Amazon.Com NV Investment holdings LLC V. Future retail limited and ORS PDF File
Vinod Dua v. Union of India , 2022 PDF File
State of Kerala V. Leesama Joseph PDF File
Satbir Singh V. State of Haryana  PDF File
Jasdeep Singh at Jassu v. State of Punjab PDF File
Sunil Kumar Maity v. Sate Bank of India PDF File
Satbir Singh V. State of Haryana  PDF File
Nandlal Lohariya V. Jagdish Chand Purohit  PDF File

The table has important Judgements and their respective PDFs. 

Important Judgements Which Can be Asked in DU LLM 2022

The list of important judgments is as follows: 

State of Kerala V. Leesama Joseph

Issue: In this case, the main issue before the court was that persons with disabilities (PWD) were entitled to reservations in promotions under the state's services. 

Ratio: 

The court held that persons with disabilities are entitled to reservation in promotion. 

Cases referred: 

  1. Rajeev Kumar Gupta v. Union of India (2016): The principle of no reservation in promotions held in the judgment of Indra Sawhney v. Union of India (1992) is not applicable to persons with disabilities. 
  2. Siddaraju v. the State of Karnataka (2020): Persons with disabilities have a right to reservation in promotion. 

Check: DU LLM Mock Test Series 2023

Vinod Dua v. Union of India , 2022

Relevant sections: 

  • Section 124A (IPC, 1860). Sedition (Suspended currently) 
  • Section 268 (IPC, 1860). Public Nuisance
  • Section 501 (IPC, 1860). Printing or engraving matter is known to be defamatory. 

Concluded: Sedition was dropped down. The SC quashed the FIIR against Vinod Dua because journalists are entitled to journalism. 

A controversial statement does not amount to sedition if there is no intention/ tendency to incite enmity towards the government. 

Check: DU LLM Previous Year Question Papers

State of Kerala V.K Ajith

Relevant provision: 

Article 105(2) of the constitution: 

Article 194(2) of the constitution: 

Ratio: 

The SC held that parliamentary privileges (Article 105) or legislative privileges (Article 194) could not be claimed to seek exemption from the application of criminal law. 

Cases referred: 

  1. Lokayukta, Justice Ripusudan Dayal (Retired) and Ors. vs State of Madhya Pradesh and Ors (2022)

State of Harayan V. RajKumar 

Issue: 

The issue before the court was whether the governor of a state could exercise the pardoning power even if the accused has not undergone a minimum of 14 years of imprisonment as per the requirements of section 433 A CrPC, 1973 in certain cases. 

Relevant Provisions: 

Article 161 (Constitution). Power of Governor to grant pardons etc., and to suspend, remit or commute sentences in certain cases: 

Section 433 A (CrPC). Restriction on powers of remission or commutation in certain cases. 

Ratio: 

The Supreme Court held that the powers of the Governor under Article 161 should supersede the restrictions mentioned under section 433A CrPC, 1973.

Even if the prisoner has not undergone years or more of actual imprisonment, the governor has the power to grant pardons, reprieves, and remissions of punishment or to suspend, remit or commute the sentence of any person.

Check: DU LLM Preparation Tips

Amazon.Com NV Investment holdings LLC V. Future retail limited and ORS

Issue: 

The main issue before the court was whether an emergency arbitration award was enforceable under Indian Law. 

Section 17 (Arbitration and Conciliation Act, 1996

Ratio: 

The Supreme Court held that an emergency arbitration award is enforceable under Indian law and is covered within the meaning of Section 17(1) of the arbitration and conciliation Act 1996. 

The court also held that if such award is passed by a single judge, it is not appealable within section 37(2).

Sadique V. State of Madhya Pradesh

Issue: 

The main issue, in this case, was whether a Magistrate could pass an order granting an extension of time for completion of investigation in UAPA cases. 

Section referred:

Section 43D (2) - Unlawful Activities (Prevention) Act, 1967 

The Supreme Court held that only a special court set up can grant an extension of the time period for competition investigation in cases related to offenses under the UAPA, 1967. 

Check: DU LLM Important Questions for Constitution

Nandlal Lohariya V. Jagdish Chand Purohit 

Issue: 

The main issue before the court was whether a case of deficiency of service could be instituted against an advocate in a consumer forum if such an advocate loses the case of his client in court. 

Section 2(II) (Consumer Protection Act, 2019) . "Deficiency" 

The SC held that no such case could be instituted in the consumer court if the advocate loses a case after arguing. 

The party has to prove that deficiency of service in order to bring such a case. 

Satbir Singh V. State of Haryana 

Issue: 

Dowry Death 

Section referred: 

  • Section 304B, (IPC, 1860) Dowry death
  • Section 113B (Indian Evidence Act, 1872) Presumption as to dowry death
  • Section 313 (CrPC, 1973) Power to examine the accused 

The SC held that the term "soon before her death" does not mean immediately before the woman's death. 

The court also held that the examination of the accused under section 313 CrPC, 1973 is a mandatory provision.

Check: DU LLM Important Questions from Environmental Law & Partnership Act

Sunil Kumar V State of Bihar 

While granting bail, the relevant considerations (section 436-439) are, 

(i) Nature of seriousness of the offense;

(ii) Character of the evidence and circumstances which are peculiar to the accused; and 

(iii) likelihood of the accused fleeing from justice;

(iv) the impact that his release may make on the prosecution witnesses, its impact on society and 

(v) likelihood of his tampering.

Jasdeep Singh at Jassu v. State of Punjab

The section referred: 34 IPC 

Issue: Interpretation of the word "common intention" 

A mere common intention per se may not attract section 34 IPC, sans an action in furtherance - The word "furtherance" indicates the existence of aid or assistance in producing an effect in the future. 

Thus, it has to be construed as an advancement or promotion - Scope of Section 34 IPC discussed. 

Check: Sureshot Questions from DU LLM Family Law

Haryana Tourism Ltd, v Kandhari Beverages Ltd. 

An award can be set aside only if the award is against the public of India.

The award can be set aside under sections 34/37 of the arbitration act if the award is found to be contrary to, 

(a) The fundamental policy of Indian Law

(b) The interest of India 

(c) if it is patently illegal - The high court cannot enter into the merits of the claim in an appeal under section 37. 

Sunil Kumar Maity v. Sate Bank of India

Consumer Protection Act, 1986; Section 21 (b) - revisional jurisprudence of the national commission is extremely limited. It should be exercised only in the case as contemplated within the parameters specified in the said provision, namely when it appears to the national commission that the state commission had exercised a jurisdiction not vested in it by law or had failed to exercise a jurisdiction so vested, or had acted in the exercise of its jurisdiction illegally or with material irregularity. 

These were the most important judgments that can be asked in DU LLM 2022. Make sure to take a look at them and watch the video for a detailed explanation from our experts by LegalEdge After College. 

Frequently Asked Questions

Court decisions regarding the rights and liabilities of parties in a legal action or proceeding is called Judgements. 

There are PDFs of these Judgments on the internet for your reference; you can also check this article for important judgment preparations for DU LLM 2022. 

No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.
Section 124A defines sedition as: “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government estab­lished by law shall be punished with im­prisonment for life, to which fine may be added".
The main issue before the court was whether a case of deficiency of service could be instituted against an advocate in a consumer forum if such an advocate loses the case of his client in court. 
  • Home
  • Important Judgements...

Important Judgements Which Can be Asked in DU LLM 2022

Author : Palak Khanna

Updated On : October 13, 2022

SHARE

Summary: 

At the last minute of preparations, it would definitely help if you knew a couple of questions that can be asked in your DU LLM exam, which will be conducted in just a week. 

So here is an article guiding the Important Judgements which can be asked in DU LLM 2022. 

Important Judgements are commonly asked in most of the LLM entrance exams. These are court decisions regarding the rights and liabilities of parties in a legal action or proceeding. 

These judgments are mainly covered from the contemporary legal from the DU LLM syllabus

These are very recent topics declared by the Supreme court. Since these are recent judgments, there are high chance of these Judgements appearing in your DU LLM exam. 

Let's check the Important Judgements which can be asked in DU LLM 2022 exam. 

Download FREE Study Material for DU LLM 2022 by Legal Edge

Important Judgements PDF attached for DU LLM Preparation 2022

Sadique V. State of Madhya Pradesh PDF File
State of Harayan V. RajKumar  PDF File
Amazon.Com NV Investment holdings LLC V. Future retail limited and ORS PDF File
Vinod Dua v. Union of India , 2022 PDF File
State of Kerala V. Leesama Joseph PDF File
Satbir Singh V. State of Haryana  PDF File
Jasdeep Singh at Jassu v. State of Punjab PDF File
Sunil Kumar Maity v. Sate Bank of India PDF File
Satbir Singh V. State of Haryana  PDF File
Nandlal Lohariya V. Jagdish Chand Purohit  PDF File

The table has important Judgements and their respective PDFs. 

Important Judgements Which Can be Asked in DU LLM 2022

The list of important judgments is as follows: 

State of Kerala V. Leesama Joseph

Issue: In this case, the main issue before the court was that persons with disabilities (PWD) were entitled to reservations in promotions under the state's services. 

Ratio: 

The court held that persons with disabilities are entitled to reservation in promotion. 

Cases referred: 

  1. Rajeev Kumar Gupta v. Union of India (2016): The principle of no reservation in promotions held in the judgment of Indra Sawhney v. Union of India (1992) is not applicable to persons with disabilities. 
  2. Siddaraju v. the State of Karnataka (2020): Persons with disabilities have a right to reservation in promotion. 

Check: DU LLM Mock Test Series 2023

Vinod Dua v. Union of India , 2022

Relevant sections: 

  • Section 124A (IPC, 1860). Sedition (Suspended currently) 
  • Section 268 (IPC, 1860). Public Nuisance
  • Section 501 (IPC, 1860). Printing or engraving matter is known to be defamatory. 

Concluded: Sedition was dropped down. The SC quashed the FIIR against Vinod Dua because journalists are entitled to journalism. 

A controversial statement does not amount to sedition if there is no intention/ tendency to incite enmity towards the government. 

Check: DU LLM Previous Year Question Papers

State of Kerala V.K Ajith

Relevant provision: 

Article 105(2) of the constitution: 

Article 194(2) of the constitution: 

Ratio: 

The SC held that parliamentary privileges (Article 105) or legislative privileges (Article 194) could not be claimed to seek exemption from the application of criminal law. 

Cases referred: 

  1. Lokayukta, Justice Ripusudan Dayal (Retired) and Ors. vs State of Madhya Pradesh and Ors (2022)

State of Harayan V. RajKumar 

Issue: 

The issue before the court was whether the governor of a state could exercise the pardoning power even if the accused has not undergone a minimum of 14 years of imprisonment as per the requirements of section 433 A CrPC, 1973 in certain cases. 

Relevant Provisions: 

Article 161 (Constitution). Power of Governor to grant pardons etc., and to suspend, remit or commute sentences in certain cases: 

Section 433 A (CrPC). Restriction on powers of remission or commutation in certain cases. 

Ratio: 

The Supreme Court held that the powers of the Governor under Article 161 should supersede the restrictions mentioned under section 433A CrPC, 1973.

Even if the prisoner has not undergone years or more of actual imprisonment, the governor has the power to grant pardons, reprieves, and remissions of punishment or to suspend, remit or commute the sentence of any person.

Check: DU LLM Preparation Tips

Amazon.Com NV Investment holdings LLC V. Future retail limited and ORS

Issue: 

The main issue before the court was whether an emergency arbitration award was enforceable under Indian Law. 

Section 17 (Arbitration and Conciliation Act, 1996

Ratio: 

The Supreme Court held that an emergency arbitration award is enforceable under Indian law and is covered within the meaning of Section 17(1) of the arbitration and conciliation Act 1996. 

The court also held that if such award is passed by a single judge, it is not appealable within section 37(2).

Sadique V. State of Madhya Pradesh

Issue: 

The main issue, in this case, was whether a Magistrate could pass an order granting an extension of time for completion of investigation in UAPA cases. 

Section referred:

Section 43D (2) - Unlawful Activities (Prevention) Act, 1967 

The Supreme Court held that only a special court set up can grant an extension of the time period for competition investigation in cases related to offenses under the UAPA, 1967. 

Check: DU LLM Important Questions for Constitution

Nandlal Lohariya V. Jagdish Chand Purohit 

Issue: 

The main issue before the court was whether a case of deficiency of service could be instituted against an advocate in a consumer forum if such an advocate loses the case of his client in court. 

Section 2(II) (Consumer Protection Act, 2019) . "Deficiency" 

The SC held that no such case could be instituted in the consumer court if the advocate loses a case after arguing. 

The party has to prove that deficiency of service in order to bring such a case. 

Satbir Singh V. State of Haryana 

Issue: 

Dowry Death 

Section referred: 

  • Section 304B, (IPC, 1860) Dowry death
  • Section 113B (Indian Evidence Act, 1872) Presumption as to dowry death
  • Section 313 (CrPC, 1973) Power to examine the accused 

The SC held that the term "soon before her death" does not mean immediately before the woman's death. 

The court also held that the examination of the accused under section 313 CrPC, 1973 is a mandatory provision.

Check: DU LLM Important Questions from Environmental Law & Partnership Act

Sunil Kumar V State of Bihar 

While granting bail, the relevant considerations (section 436-439) are, 

(i) Nature of seriousness of the offense;

(ii) Character of the evidence and circumstances which are peculiar to the accused; and 

(iii) likelihood of the accused fleeing from justice;

(iv) the impact that his release may make on the prosecution witnesses, its impact on society and 

(v) likelihood of his tampering.

Jasdeep Singh at Jassu v. State of Punjab

The section referred: 34 IPC 

Issue: Interpretation of the word "common intention" 

A mere common intention per se may not attract section 34 IPC, sans an action in furtherance - The word "furtherance" indicates the existence of aid or assistance in producing an effect in the future. 

Thus, it has to be construed as an advancement or promotion - Scope of Section 34 IPC discussed. 

Check: Sureshot Questions from DU LLM Family Law

Haryana Tourism Ltd, v Kandhari Beverages Ltd. 

An award can be set aside only if the award is against the public of India.

The award can be set aside under sections 34/37 of the arbitration act if the award is found to be contrary to, 

(a) The fundamental policy of Indian Law

(b) The interest of India 

(c) if it is patently illegal - The high court cannot enter into the merits of the claim in an appeal under section 37. 

Sunil Kumar Maity v. Sate Bank of India

Consumer Protection Act, 1986; Section 21 (b) - revisional jurisprudence of the national commission is extremely limited. It should be exercised only in the case as contemplated within the parameters specified in the said provision, namely when it appears to the national commission that the state commission had exercised a jurisdiction not vested in it by law or had failed to exercise a jurisdiction so vested, or had acted in the exercise of its jurisdiction illegally or with material irregularity. 

These were the most important judgments that can be asked in DU LLM 2022. Make sure to take a look at them and watch the video for a detailed explanation from our experts by LegalEdge After College. 

Frequently Asked Questions

Court decisions regarding the rights and liabilities of parties in a legal action or proceeding is called Judgements. 

There are PDFs of these Judgments on the internet for your reference; you can also check this article for important judgment preparations for DU LLM 2022. 

No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.
Section 124A defines sedition as: “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government estab­lished by law shall be punished with im­prisonment for life, to which fine may be added".
The main issue before the court was whether a case of deficiency of service could be instituted against an advocate in a consumer forum if such an advocate loses the case of his client in court. 

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