FIRST LAW

Income Tax Act 1961 - S. 14A(2) &  S. 14A(3) -  Income Tax Rules, 1962 - R. 8D -  Whether sub­section (2) and sub­section (3) of Section 14A inserted with effect from 01.04.2007 will apply to all pending assessments? Whether Rule 8D is retrospectively applicable ?

Anticipatory Bail - Abetment of Suicide. Bhausaheb v. State of Maharashtra, (2018) 3 SCC 221 : 2018 (2) Scale 341 : 2018 (1) RCR (Criminal) 987 : 2018 (2) SCC (Cri) 24 Crl.A. No. 194 of 2018 30-01-2018 Anticipatory Bail - De-facto complainant has no objection if protection under Section 438(2) Cr.P.C. is granted to the accused, in case he is permitted to withdraw the amount deposited before the Court. Bikash Manna v. State of West Bengal; (2018) 3 SCC 47 : 2018 (2) Scale 339 : 2018 (1) RCR (Crl.) 986 : 2018 (1) SCC (Cri) 681 Crl.A. No. 195 of 2018 30-01-2018 Arbitration and Conciliation Act, 1996 - S. 7(5) - though general reference to an earlier contract is not sufficient for incorporation of an arbitration clause in the later contract, a general reference to a standard form would be enough for incorporation of the arbitration clause. Inox Wind Ltd. v. Thermocables, AIR 2018 SC 349 : (2018) 2 SCC 519 : JT 2018 (1) SC 131 : 2018 (1) Scale 77 : 2018 (127) ALR 200 : 2018 (1) ArbLR 1

Service Law  - No Contract Employee has a Right to have his or her Contract Renewed from Time to Time.  Yogesh Mahajan v. Prof. R. C. Deka, AIR 2018 SC 757 : 2018 (158) FLR 182 : JT 2018 (2) SC 1 : 2018 (1) SCALE 577 :  (2018) 3 SCC 218 :  2018 (1) SCC (L&S) 474 : 2018 (1) Supreme 574 : 2018 LLR 366 : 2018 (1) UPLBEC 281   bit.ly/SLP22475of2012  31-01-2018

Narcotic Drugs and Psychotropic Substances Act, 1985 -  S. 52A -  Disposal of seized narcotic drugs and psychotropic substances -  Omission on the part of the prosecution to produce the bulk quantity of seized opium would create a doubt in the mind of Court on the genuineness of the samples drawn and marked from the allegedly seized contraband - the same had been destroyed, cannot be accepted as it is not clear that on what authority it was done - Law requires that such an authority must flow from an order passed by the Magistrate.  

1. Yogesh Mahajan Vs. Prof. R. C. Deka Director All India Institute Of Medical Sciences Labour Law - No contract employee has a right to have his or her contract renewed from time to time. JT 2018 (2) SC 1 : 2018 (1) SCALE 577

Rape committed on a girl child -  Eight months’ old female child has been sexually assaulted -  directed AIIMS to send two doctors to visit the child in the hospital and assess if the she can be shifted to premier medical facility.

1. Alakh Alok Srivastava Vs. Union of India [31/01/2018]  Citations : 2018 (1) Scale 589 

Service Law - Recruitment Process - Eligibility Criteria - Post of Psychologist -  Any part of the advertisement which is contrary to the statutory rules has to give way to the statutory prescription.  Thus, looking to the qualification prescribed in the statutory rules, appellant fulfills the qualification and after being selected for the post denying appointment to him is arbitrary and illegal. It is well settled that when there is variance in the advertisement and in the statutory rules, it is statutory rules which take precedence.

Motor Accident Compensations -  'compensation for future treatment' - Minor -  living in a vegetative state -  further amount of Rs.35,00,000 to the minor claimant - additionally awarding a sum of Rs.15,00,000/- to the mother of the claimant.

Code of Criminal Procedure, 1973 -  S. 167(2) - S tatutory Bail - A pplication for extension of time to file chargesheet -  Right to grant of statutory bail would have enured to the accused only after rejection of the request for extension of time prayed by the Additional Public Prosecutor.

Service Law - There is nothing on record to indicate that the appointment of the petitioner on a contractual basis or on an ad hoc basis was made in accordance with any regular procedure or by following the necessary rules. That being so, no right accrues in favour of the petitioner for regularisation of his services.

1. Alakh Alok Srivastava Vs. Union Of India & Ors. 31/01/2018 | 2018 (1) SCALE 589  2. Ashish Kumar Vs. The State Of Uttar Pradesh & Ors. 31/01/2018 | JT 2018 (2) SC 249 : 2018 (1) SCALE 608  3. Commissioner Of Income Tax 5, Mumbai Vs. Essar Teleholdings Ltd. Thr. Its Manager 31/01/2018 | JT 2018 (2) SC 44 : 2018 (1) SCALE 681  4. Rambeer Shokeen Vs. State Of Nct Of Delhi 31/01/2018 | AIR 2018 SC 688 : JT 2018 (2) SC 229 : 2018 (1) SCALE 590  5. Union Of India Vs. Jarooparam 31/01/2018 | 2018 (3) SCALE 628  6. Yogesh Mahajan Vs. Prof. R. C. Deka, Director, All India Institute Of Medical Sciences 31/01/2018 | JT 2018 (2) SC 1 : 2018 (1) SCALE 577  7. Authorized Officer, State Bank Of Travancore & Anr. Vs. Mathew K. C. 30/01/2018 | AIR 2018 SC 676 : JT 2018 (2) SC 3 : 2018 (1) SCALE 618  8. Latesh @ Dadu Baburao Karlekar Vs. State Of Maharashra 30/01/2018 | AIR 2018 SC 659 : JT 2018 (2) SC 27 : 2018 (1) SCALE 626  9. Shafhi Mohammad Vs. T

1. Alakh Alok Srivastava v. Union of India [31/01/2018]  Rape committed on a girl child - Eight months’ old female child has been sexually assaulted - directed AIIMS to send two doctors to visit the child in the hospital and assess if the she can be shifted to premier medical facility.

Constitution of India - Article 226 - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 13(4) - Discretionary jurisdiction under Article 226 is not absolute but has to be exercised judiciously in the given facts of a case and in accordance with law. The normal rule is that a writ petition under Article 226 of the Constitution ought not to be entertained if alternate statutory remedies are available, except in cases falling within the well defined exceptions.

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION (ADARSH KUMAR GOEL) AND (UDAY UMESH LALIT) JJ. January 30, 2018.     SPECIAL LEAVE PETITION (CRL.)No.2302 of 2017 SHAFHI MOHAMMAD Petitioner(s) VERSUS THE STATE OF HIMACHAL PRADESH Respondent(s) WITH SLP(Crl) No. 9431/2011 AND SLP(Crl) No(S). 9631-9634/2012 O R D E R SLP(Crl.)No.2302 of 2017 (1)  One of the questions which arose in the course of consideration of the matter was whether videography of the scene of crime or scene of recovery during investigation should be necessary to inspire confidence in the evidence collected. (2)  In Order dated 25 th  April, 2017 statement of Mr. A.N.S. Nadkarni, learned Additional Solicitor General is recorded to the effect that videography will help the investigation and was being successfully used in other countries. He referred to the perceived benefits of “Body-Worn Cameras” in the United States of America and the United Kingdom. Body-worn cameras act as dete