Supreme Court Weekly Digest February 12 - 20, 2026

Administrative Law – Retrospective Validation – Ex Post Facto Approval – Whether subsequent Board approval can cure a jurisdictional defect in a CLU issued without statutory backing. Held: When a statute prescribes a particular manner for doing an act, it must be done in that manner and no other - A CLU that is unlawful on the date of its grant for want of statutory authority does not become lawful merely because of a later administrative decision, unless the statute expressly confers power for retrospective validation. [Paras 41-48, 53-59] Harbinder Singh Sekhon v. State of Punjab, 2026 LiveLaw (SC) 162 : 2026 INSC 159 Anticipatory Bail – Grounds for Grant – Civil Dispute and Parity – In a case involving alleged trespass and theft under the Bharatiya Nyaya Sanhita, 2023, Supreme Court found the appellant entitled to anticipatory bail based on three key factors- i. The appellant appeared before the IO as directed by the interim protection order; ii. The nature of the dispute appears to be a civil matter regarding immovable property (possession based on an agreement to sell); iii. Other co-accused in the same FIR had already been granted bail, establishing a ground for parity – Appeal allowed. [Paras 6, 7] Shally Mahant @ Sandeep v. State of Punjab, 2026 LiveLaw (SC) 146 Arbitration and Conciliation Act, 1996; Section 29A(4) and Section 29A(6) — Extension of Mandate and Substitution of Arbitrator — The Supreme Court clarified that the expression "obligates" used in the Mohan Lal Fatehpuria case regarding the substitution of an arbitrator does not mean that substitution is an inevitable consequence when considering an extension of a mandate that has already expired - Substitution is only required "if the situation so warranted" and is not a mandatory inference following the termination of a mandate under Section 29A(4). Viva Highways Ltd. v. Madhya Pradesh Road Development Corporation Ltd; 2026 LiveLaw (SC) 145 Arbitration and Conciliation Act, 1996; Section 29A and Section 11 — Jurisdiction — held that Section 11 has no bearing on the provisions of Chapters 5 and 6 (where Section 29A is located) - Noted, an application for extension of time under Section 29A(4) does not lie before the High Court. Viva Highways Ltd. v. Madhya Pradesh Road Development Corporation Ltd; 2026 LiveLaw (SC) 145 Arbitration and Conciliation Act, 1996 – Section 36 – Code of Civil Procedure, 1908 – Order XXI Rule 58 and Rule 102 – Execution of Arbitral Award – Transferee Pendente Lite – The Supreme Court upheld the dismissal of a claim petition filed by a third-party purchaser who acquired property after an arbitral award (money decree) was passed against the vendor – held that an arbitral award is a "deemed decree" enforceable under Section 36 of the 1996 Act - Under Order XXI Rule 102 CPC, the protections for bona fide claimants do not extend to a transferee pendente lite—defined as one to whom property is transferred after the institution of the suit/proceeding. R. Savithri Naidu v. Cotton Corporation of India, 2026 LiveLaw (SC) 151 : 2026 INSC 150 Armed Forces Tribunal Act, 2007 – Section 22 – Limitation Act, 1963 – Disability Pension – Broad Banding – Arrears – Delay and Laches – The Supreme Court held that the benefit of arrears of disability pension, including the benefit of "broad banding," cannot be restricted to three years prior to the filing of the application before the Armed Forces Tribunal. Union of India v. Sgt Girish Kumar, 2026 LiveLaw (SC) 148 : 2026 INSC 149 Bail — Doctrine of Parity — Non-application to History-sheeters — Noted that the High Court erred in blindly extending the principle of parity to the respondent based on the bail granted to co-accused without considering his specific and distinctive features, including his use of 8 to 10 aliases, forged Aadhaar cards, and a history of absconding – Noted that when there is a likelihood of offences being repeated or justice being thwarted, discretion must be exercised cautiously. Rakesh Mittal v. Ajay Pal Gupta, 2026 LiveLaw (SC) 170 Bharatiya Nyaya Sanhita, 2023; Section 80(2) and 85 — Bharatiya Sakshya Adhiniyam, 2023; Section 118 — Dowry Death — Grant of Bail — Sustainability of High Court Order — Supreme Court set aside the Allahabad High Court's order granting bail to the husband in a dowry death case where the marriage lasted only three months and the cause of death was asphyxia due to strangulation – Noted that the High Court failed to consider the gravity of the offense and the statutory presumption under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (erstwhile Section 113-B of the Evidence Act). Chetram Verma v. State of U.P., 2026 LiveLaw (SC) 141 Bharatiya Sakshya Adhiniyam, 2023; Section 118 — Parameters for Granting Bail in Serious Offenses — The Supreme Court emphasized that while considering a bail application in cases of...

Supreme Court Weekly Digest February 12 - 20, 2026

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Supreme Court Weekly Digest February 12 - 20, 2026

LIVELAW NEWS NETWORK

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