Updated On : October 13, 2022
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.
|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.
The list of important judgments is as follows:
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.
The court held that persons with disabilities are entitled to reservation in promotion.
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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.
Article 105(2) of the constitution:
Article 194(2) of the constitution:
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.
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.
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.
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.
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The main issue before the court was whether an emergency arbitration award was enforceable under Indian Law.
Section 17 (Arbitration and Conciliation Act, 1996
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).
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 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.
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.
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.
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.
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.
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.
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
What are Judgements?
Where do I find the explaination of each judgement?
What does Article 105(2) of the constitution state?
What is the sedition law?
What was the issue with Nandlal Lohariya V. Jagdish Chand Purohit case?