Supreme Court Weekly Digest February 5 - 12, 2026

Supreme Court Weekly Digest February 5 - 12, 2026 Administrative Remedy – Representation to Chief Justice – Re-employment – Supreme Court granted liberty to the petitioner to make a representation before the Chief Justice of the High Court - The Chief Justice is requested to gather information regarding disparities in superannuation ages across States and engage with the State Government on the administrative side - Decisions regarding re-employment and continuation in service must be taken by the Chief Justice in consultation with puisne Judges. [Paras 3-5] Ranjeet Kumar v. State of Jharkhand, 2026 LiveLaw (SC) 123 Anticipatory Bail – Conditional Orders for Deposit: The Supreme Court criticized the Jharkhand High Court for making the grant of anticipatory bail contingent upon the deposit of a specific sum – Noted that High Court had directed the petitioners to file a supplementary affidavit showing payment of Rs. 9,12,926.84/- to the complainant, failing which the bail application would stand dismissed - Held, that the grant of regular or anticipatory bail should not be subject to the deposit of any amount - If a case for bail is made out, the court should pass an appropriate order; if not, it may decline - the court should not pass a conditional order for deposit and then exercise its discretion. [Relied on: Gajanan Dattatray Gore vs. State of Maharashtra & Another [(2025) SCC Online 1571; Paras 8 - 10] Prantik Kumar v. State of Jharkhand, 2026 LiveLaw (SC) 131 Arbitration and Conciliation Act, 1996; Part III — Sections 61, 73, and 74 — Challenge to Conciliation Award and Partition Deed — Order VII Rule 11 of CPC — Rejection of Plaint — The Supreme Court set aside the rejection of a suit challenging a partition deed (KBPP) and a subsequent Conciliation Award - held that the Jegatheesan group's challenge based on coercion, undue influence, and misrepresentation regarding the KBPP, and the allegation of fraud/fabrication regarding the Conciliation Award, disclosed a real cause of action that could not be summarily dismissed – Noted that while an execution proceeding under Section 36 is pending, an Execution Court cannot examine the validity of a partition deed or family arrangement; such challenges must be resolved through a properly instituted civil suit. J. Muthurajan & Anr. v. S. Vaikundarajan, 2026 LiveLaw (SC) 135 : 2026 INSC 139 Arbitration and Conciliation Act, 1996; Section 15(2), 15(3), and 15(4) — Substitution of Arbitrator — Validity of prior proceedings — The Supreme Court held that while appointing a substitute arbitrator under Section 15(2), the High Court cannot declare proceedings undertaken by the previous tribunal as a "nullity" on the grounds of an IBC moratorium - Held that Section 15 is a mechanism to preserve continuity; prior proceedings remain valid unless the parties agree otherwise or the substitute tribunal, in its discretion, decides to repeat hearings. Ankhim Holdings Pvt. Ltd. v. Zaveri Construction Pvt. Ltd., 2026 LiveLaw (SC) 133 : 2026 INSC 137 Arbitration and Conciliation Act, 1996; Section 5 and Section 15 — Scope of Judicial Interference — Supreme Court clarified that the jurisdiction under Section 15(2) is limited and must be read with the principle of minimal judicial intervention - A court acting under Section 15(2) cannot exercise powers barred to it under other sections, such as setting aside a Section 16 rejection order (which is not appealable) or interfering with Section 17 orders outside of a Section 37 proceeding. Ankhim Holdings Pvt. Ltd. v. Zaveri Construction Pvt. Ltd., 2026 LiveLaw (SC) 133 : 2026 INSC 137 Arbitration and Conciliation Act, 1996 — Section 73 — Authentication of Settlement — A settlement agreement (KBPP) not authenticated by the Conciliator as mandated under Section 73(4) and not signed by the parties at the time of the alleged award (Annexure P-2) raises serious questions regarding its status as an award under the Act – noted that coercion within a family context may not always involve physical threats or "life threats"- It can arise from a feeling of subservience or manifest obedience to an elder's opinion, which are matters of evidence and cannot be peremptorily rejected at the threshold of a suit - The plea of constructive res judicata is not applicable when earlier rounds of litigation specifically reserved liberty for the parties to work out their remedies in accordance with law and challenge the partition deed in a Civil Court. [Relied on Dahiben v. Arvindbhai Kalyanji Bhanusali (Gajra) D. Thr. LRs and Ors. (2020) 7 SCC 366; Paras 23-31] J. Muthurajan & Anr. v. S. Vaikundarajan, 2026 LiveLaw (SC) 135 : 2026 INSC 139 Bail - Disclosure of Material Facts — Duty of the Accused: The Court emphasized that an applicant seeking bail has a "solemn obligation" to make a full, fair, and candid disclosure of all material facts,...

Supreme Court Weekly Digest February 5 - 12, 2026

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Supreme Court Weekly Digest February 5 - 12, 2026

LIVELAW NEWS NETWORK

This is a premium content Available exclusively to Our subscribers

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