Supreme Court Weekly Digest January 21 - 31, 2026

Administrative Law – Publication and Promulgation – Noted that Law, to bind, must first exist and be made known in the manner ordained by the legislature - The requirement of publication in the Official Gazette for delegated legislation is not an "empty formality" but a dual-purpose constitutional requirement to ensure accessibility to the governed and accountability in the exercise of executive power - Until publication, a Notification is merely an "intention" and has not crossed the threshold to become a legal "obligation." Viraj Impex Pvt. Ltd. v. Union of India, 2026 LiveLaw (SC) 76 : 2026 INSC 80 Advocates Act, 1961 – Section 35 and Section 38 – Professional Misconduct – Withdrawal of Complaint – Sustainability of Disciplinary Action – The Supreme Court set aside the order of the Disciplinary Committee of the Bar Council of India (BCI) which had held an advocate guilty of professional misconduct and imposed a penalty of Rs. 1 Lakh – Noted that the BCI failed to consider that the complainant had filed a sworn affidavit seeking to withdraw the complaint, stating the initial grievance arose from a "misunderstanding" regarding the deposit of costs and expressing full satisfaction with the advocate's services. Monty Goyal v. Navrang Singh, 2026 LiveLaw (SC) 91 : 2026 INSC 94 Arbitration and Conciliation Act, 1996; Section 2(1)(e), Section 11, and Section 29A — Jurisdiction to extend the mandate of an Arbitral Tribunal — Held that the expression "Court" used in Section 29A for the extension of time or substitution of arbitrators refers strictly to the Court as defined under Section 2(1)(e) of the Act - This definition encompasses the Principal Civil Court of original jurisdiction in a district and includes a High Court only if it exercises ordinary original civil jurisdiction - The Supreme Court or High Courts exercising power under Section 11 to appoint an arbitrator do not retain supervisory control and become functus officio once the appointment is made. Jagdeep Chowgule v. Sheela Chowgule, 2026 LiveLaw (SC) 89 : 2026 INSC 92 Arbitration and Conciliation Act, 1996; Section 29A vs. Section 11 — Separation of Appointment and Supervision — Held that the power of appointment under Section 11 is a "special and limited" jurisdiction - It is a misconception to assume a hierarchy where only the appointing Court can extend the mandate - The extension of a mandate or substitution under Section 29A is a measure of curial supervision, not an "appointment" under Section 11 – Held that applications for extending an arbitral tribunal's mandate under Section 29A (4) of the Arbitration & Conciliation Act, 1996 must be filed exclusively before the 'Court' as defined in Section 2(1)(e) i.e., the principal civil court of original jurisdiction, regardless of which authority appointed the arbitrators - Interpretations based on a perceived "conflict of power" or "hierarchical difficulties" between a Civil Court and a High Court are untenable and opposed to the rule of law. Jagdeep Chowgule v. Sheela Chowgule, 2026 LiveLaw (SC) 89 : 2026 INSC 92 Arbitration and Conciliation Act, 1996; Section 42 — Inapplicability to Section 11 — Section 42, which mandates that subsequent applications be filed in the same Court where the first application was made, does not apply to Section 11 applications - The Chief Justice or their delegate exercising power under Section 11 is not a "Court" as defined by Section 2(1)(e); therefore, a Section 11 application does not fix the jurisdiction for Section 29A applications – Appeals allowed. [Relied on SBP and Co. v. Patel Engineering Ltd. (2005) 8 SCC 618; State of West Bengal v. Associated Contractors (2015) 1 SCC 32; State of Jharkhand v. Hindustan Construction Co. Ltd. (2018) 2 SCC 602; Chief Engineer (NH) PWD (Roads) v. BSC&C and C JV 2024 SCC OnLine SC 1801; Paras 15-26] Jagdeep Chowgule v. Sheela Chowgule, 2026 LiveLaw (SC) 89 : 2026 INSC 92 Arbitration — Setting aside of Award — Patent Illegality and Public Policy — Interpretation of Contract: The Supreme Court affirmed that the construction and interpretation of contractual terms are primarily within the jurisdiction of the arbitral tribunal - If an arbitrator adopts one of two plausible interpretations, the court cannot substitute its own view merely because an alternative view is possible - An award is not "patently illegal" or against "public policy" simply because of a mere contravention of law; it must violate fundamental principles of justice. [Paras 26, 29, 33, 59] National Highways Authority of India v. Gammon Atlanta (JV), 2026 LiveLaw (SC) 71 : 2026 INSC 76 Bail - Condition of Upfront Deposit or Undertaking to Pay Arrears/Siphoned Amounts as a Pre-condition for Bail Deprecated - High Courts Must Decide Bail on Merits Rather Than Deferring Due to Non-Payment - The Supreme Court of India has reiterated that the practice of...

Supreme Court Weekly Digest January 21 - 31, 2026

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