Supreme Court Monthly Roundup: March 2026

JudgmentsS. 202 CrPC Inquiry Not Mandatory In Complaint Filed By Public Servant: Supreme CourtCase Details: State of Kerala & Anr. v. M/S. Panacea Biotec Ltd. & Anr.Citation: 2026 LiveLaw (SC) 206The Supreme Court has ruled that the magistrate need not conduct a statutory inquiry under Section 202 of the Cr.P.C. (now Section 225 of the BNSS) before issuing a summons to an accused residing beyond the magistrate's territorial jurisdiction based on a complaint filed by a public servant in discharge of its official duty.A Bench comprising Justice Ahsanuddin Amanullah and Justice S.V.N. Bhatti set aside the decision of the Kerala High Court, which had quashed the Magistrate's summoning order on the ground that no inquiry under Section 202 of the Cr.P.C. was conducted before issuing summons to the respondent-accused residing outside the Magistrate's territorial jurisdiction.As per Section 202(1) of Cr.P.C., upon taking cognizance based on a private complaint, it is mandatory for the magistrate to conduct an inquiry before issuing a summons to the accused, who is residing outside its territorial jurisdiction. However, an inquiry, before issuing a summons to an accused residing outside the magistrate's territorial jurisdiction, would not be mandatory when the complaint is filed by a public servant, the Court said.IBC | Supreme Court Cautions Against Excessive Judicial Review, Criticises Trend Of Unsuccessful Bidders Seeking To Reopen CoC DecisionCase Details – Torrent Power Limited v. Ashish Arjunkumar RathiCitation: 2026 LiveLaw (SC) 207The Supreme Court criticised growing trend of unsuccessful resolution applicants converting challenging almost every commercial decision of the Committee of Creditors under the guise of procedural impropriety and turning the insolvency process into a protracted adversarial contest.“The appeals before us typify the growing strategic use of the judicial system by unsuccessful resolution applicants who seek to reopen almost every commercial decision under the guise of procedural impropriety. This converts the corporate resolution process into a protracted adversarial contest and erodes the value of the corporate debtor. Such an approach incentivises delay, rent seeking and strategic obstruction and is fundamentally inconsistent with the economic logic and statutory design of the IBC”, the Court observed.A bench of Justice BV Nagarathna and Justice R Mahadevan cautioned against judicial review of CoC decisions beyond the narrow scope under IBC.High Court's Contempt Jurisdiction Not Lost Just Because SC Affirmed Its Order : Supreme CourtCase Details: United Labour Federation v. Gagandeep Singh BediCitation: 2026 LiveLaw (SC) 208The Supreme Court has held that a High Court can entertain a contempt petition alleging violation of its directions even if the original judgment has merged with a Supreme Court order affirming it. The Court clarified that the doctrine of merger does not extinguish the High Court's contempt jurisdiction where the Supreme Court has not issued fresh directions.A Bench of Justice Prashant Kumar Mishra and Justice N.V. Anjaria allowed an appeal filed by the United Labour Federation challenging a Madras High Court order which had dismissed its contempt petition as not maintainable."We are not convinced with the reasoning of the High Court that once the order passed by the High Court has merged with the order passed by the Supreme Court, the Contempt Petition would not be maintainable before the High Court, for the reason that the Contempt Jurisdiction is independent of the applicability of the Doctrine of Merger," the bench observed.Non-Parties Liable For Contempt If They Knowingly Aid Disobedience Of Orders: Supreme CourtCase Details: Israr Ahmed Khan v. Amarnath Prasad and OthersCitation: 2026 LiveLaw (SC) 209The Supreme Court has clarified that even persons who were not parties to the original proceedings can be held liable for contempt if they knowingly aid or facilitate the disobedience of a court order. The Court emphasised that once a person or authority becomes aware of a judicial order, deliberate inaction or assistance in non-compliance can amount to contempt of court.A bench of Justice Ahsanuddin Amanullah and Justice R. Mahadevan made the observations while dealing with contempt petitions alleging non-compliance with its May 20, 2025 judgment relating to officials of the Chhattisgarh Government. The Court explained that contempt jurisdiction extends beyond the parties named in a judgment and can cover any authority whose conduct frustrates implementation of a court order.S.133 Contract Act | Surety Not Liable For Borrower's Withdrawals After Modification Of Loan Limit Without Consent : Supreme CourtCase Details: Bhagyalaxmi Co-Operative Bank Ltd. v. Babaldas Amtharam Patel (D) Through Legal Representatives & OthersCitation: 2026 LiveLaw (SC) 210The Supreme Court held that a guarantor cannot be held liable for loan amounts withdrawn by the borrower beyond...

Supreme Court Monthly Roundup: March 2026

Amisha Shrivastava

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