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IMPORTANT CASES FOR JUDICIAL SERVICE EXAM | November 2022

COURT | Supreme Court


CASES TO NOTE | Write down these verdicts in you relevant revision notes – under each topic


Sl.No

Cause Title

Verdict

Related UPSC topic

1

State of Jharkhand v. Shailendra Kumar Rai @ Pandav Rai SC 2022

SC prohibited “two finger test” in rape cases and warned that persons conducting such tests will be held guilty of misconduct.

Indian Penal Code - Offences against human body – Rape.

2

Re Perry Kansangra| Suo motu Contempt Petition (Civil) 3 of 2021

SC convicted Kenyan citizen of Indian origin to six months simple imprisonment for finding him guilty of egregious acts of contempt, i.e. contempt of court.

Constitutional Law- Article 129

3

BA Umesh v. Union of India| 2022 Livelaw (SC) 907

The SC commutes death sentence of ex-cop accused of rape and murder of housewife stating that he being kept in solitary confinement for ten years is illegal.

Indian Penal Code – solitary confinement shall not exceed 3 months as per s. 73 IPC


4

Shakeel Ahmed v. Union of India

Court held that the affected persons who witnessed violence in Mumbai in 1993, has right to seek compensation from the state government. It observed that its state government’s failure to maintain law and order and protect the rights of the people guaranteed under Article 21 of the Constitution of India.

Constitutional Law: Fundamental Rights, Article 21- especially compensatory jurisprudence under art 21.

5

Janhit Abhiyan v. Union of India with 32 connected matters| W.P. (C) No. 55/2019

Supreme Court upholds EWS quota by 3:2 majority, i.e. validity of 103rd Constitutional Amendment is upheld which introduced 10% reservation for Economically Weaker Sections in education and public employment.

Constitutional Law: Right to equality and reservation Art 14, 15 and 16

6

Janhit Abhiyan v. Union of India with 32 connected matters| W.P. (C) No. 55/2019

SC held that 103rd Constitutional Amendment does not breach the basic structure of the Constitution by permitting the State to make special provisions in relation to admission to private unaided educational institutions.

Constitutional Law: Doctrine of basic structure

7

Pawan Kumar Goel v. State of UP| 2022 Livelaw (SC) 971

The SC held that impleading of additional accused subsequent to the filing of a cheque bounce complaint is not permissible once the limitation prescribed for taking cognizance of the offence under Section 142 of the Negotiable Instruments Act has expired.

Negotiable Instruments Act- Section 142.

8

Jain P. Jose v. Santhosh v. Santhosh| 2022 Livelaw (SC) 979

Presumption under Section 139 of NI Act includes a presumption that there exists a legally enforceable debt or liability.

Negotiable Instruments Act- Section 139

9

​Karnataka Power transmission Corporation Limited v. JSW Energy Limited| 2022 Livelaw (SC) 981

Contract can be said to be concluded only when parties are ad idem on all the essential terms of the contract.

Indian Contracts Act -Formation of contract

10

Jai Karan yadav v. State (NCT of Delhi) 2022 Livelaw (SC) 992

SC set aside murder conviction of man who was accused of killing his wife and modified it to conviction under Section 304 Part II IPC.

Indian Penal Code -Offences against Human Body

11

Solomon Selvaraj v. Indrani Bhagawan Singh| 2022 Livelaw (SC) 1004

The Supreme Court observed that an application to sue as indigent under Order XXXIII Rule 1 of CPC can be rejected if it is found that the suit is barred by res judicata.

Civil Procedure Code: Order 33 Rule 1

12

Gurdev Singh v. Harvinder Singh| 2022 Livelaw (SC) 963

The Supreme Court observed that a plaint cannot be rejected under Order VII Rule 11 CPC merely on the ground that ‘plaintiff is not entitled to any relief in the suit’.

Civil Procedure Code: Order VII Rule 1

13

V.S. Ramakrishnan v. P.M. Muhammed| 2022 Livelaw (SC) 935

The Supreme Court that a specific issue on readiness and willingness on the part of the plaintiff must be framed by the trial court in a suit for specific performance.

Specific Relief Act- Section 16Specific Relief Act- Section 16

14

Mohd. Abid v. Ravi Naresh| 2022 Livelaw (SC) 921

The Supreme Court observed that the proceedings under Section 145/146 Cr.P.C must come to an end once the CivilCourt is seized of the matter.

CrPC- Section 145, 146

15

Shakeel Ahmed v. Union of India 2022 Livelaw (SC) 910

The court observed that there was a failure on the part of the State government to maintain law and order and to protect the rights of the people guaranteed under Article 21 of the Constitution of India.

Constitution of India: Article 21

16

S. Kaleeswaran v. State| 2022 Livelaw (SC) 903

The Supreme Court observed that skull superimposition technique for identification of the dead body cannot be regarded as infallible.

Indian Evidence Act- Identification test- Section 9

17

X v. M Mahender Reddy| 2022 Livelaw (SC) 899

The Supreme Court reiterated that a rape victim’s statement made under Section 164 of CrPC should not be disclosed to any person including the accused till charge-sheet/final report is filed.

CrPC- Section 164

18

​State of Maharashtra v. Dr. Maroti s/o Kashinath Pimpalkar| 2022 Livelaw (SC) 898

The Supreme Court observed that non-reporting of sexual assault against a minor child despite knowledge is a serious crime.

POCSO- Section 19

19

Naveen v. State of Haryana| 2022 Livelaw (SC) 897

The Supreme Court reiterated that the power of a court under Section 319 of CrPC is a discretionary an extraordinary power which should be exercised sparingly.

​CrPC- Section 19

20

State of Jharkhand v. Shailendra Kumar Rai| CrA 1441 of 2022

The Supreme Court observed that dying declaration does not become inadmissible merely because it was recorded by police personnel.

Indian Evidence Act- Dying Declaration- Section 32(1).

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