Supreme Court Monthly Digest | February 2026
Key Supreme Court judgments from February 2026 covering criminal law, service law, arbitration, constitutional law and administrative law.
1. Election Disputes Must Be Raised Only Through Election Petitions, Not Writ Jurisdiction: Supreme Court
[Sandeep Singh Bora vs Narendra Singh Deopa & Ors]
Election Law - Maintainability - Writ Jurisdiction - Statutory Remedy - Representation of the People Act - The Supreme Court reiterated that challenges to election results or electoral processes can be made only through an election petition as provided under the statutory framework. High Courts cannot entertain such disputes under writ jurisdiction once the election process is complete. The Court emphasised that the election law mechanism is a self-contained code and must be strictly followed.
2. Forgery Allegations in Arbitration Agreement Strike at Root of Arbitral Jurisdiction: Supreme Court
[Rajia Begum v. Barnali Mukherjee]
Arbitration Law - Kompetenz-Kompetenz - Validity of Arbitration Agreement - Fraud and Forgery - Court’s Referral Power - The Supreme Court held that where serious allegations of forgery go to the very existence of the arbitration agreement, the arbitral tribunal cannot assume jurisdiction. In such cases, the court must first determine whether a valid arbitration agreement exists. The Court clarified that the doctrine of kompetenz-kompetenz does not apply where the foundational document itself is disputed.
3. Supreme Court Quashes Rape Conviction After Marriage Between Parties, Invokes Article 142
[Sandeep Singh Thakur v. State of Madhya Pradesh and Anr.]
Criminal Law - Article 142 - Sentencing - Compromise - Complete Justice - Sexual Offences - Invoking its extraordinary powers under Article 142, the Supreme Court set aside a rape conviction after noting that the parties had subsequently married and were living together with a child. The Court held that in the peculiar facts of the case, continuation of the conviction would defeat complete justice, while clarifying that such relief is confined to exceptional circumstances and cannot be treated as a precedent in all sexual offence cases.
4. Tax Statutes Must Be Interpreted Strictly When Language Is Clear: Supreme Court
[Director of Income Tax (IT)-I, Mumbai v. M/s American Express Bank Ltd]
Taxation Law - Statutory Interpretation - Plain Meaning Rule - Fiscal Legislation - The Supreme Court reaffirmed that when the language of a taxing statute is clear and unambiguous, courts must apply it as it stands without importing equitable considerations or purposive interpretation. The Court emphasised that fiscal liability must flow strictly from the words used by the legislature.
5. Limitation Does Not Run From Date of Mortgage in Usufructuary Mortgages: Supreme Court
[Dalip Singh (Dead) through Legal Representatives and Others v. Sawan Singh (Dead) through Legal Representatives and Others]
Property Law - Usufructuary Mortgage - Limitation - Right to Redeem - Continuing Possession - The Supreme Court held that in the case of a usufructuary mortgage, limitation for redemption does not begin from the date of the mortgage itself. Since possession remains with the mortgagee in lieu of interest, the right to redeem is a continuing right and limitation runs only when the mortgage money becomes due in terms of law.
6. Mutation on Basis of Will Permissible Under MP Land Revenue Code: Supreme Court
[Tarachandra v. Bhawarlal and Another]
Property Law - Mutation – Will – Revenue Entries – Title vs Fiscal Purpose - The Supreme Court held that mutation based on a Will is permissible under the Madhya Pradesh Land Revenue Code for fiscal purposes. However, it reiterated that mutation entries do not confer title and remain subject to adjudication by a competent civil court in case of dispute.
7. ICC Order in Sexual Harassment Case Can Be Challenged Before Armed Forces Tribunal: Supreme Court
[42605-B CDR Yogesh Mahla v. Union of India & Ors.]
Service Law – Armed Forces – Sexual Harassment – Internal Complaints Committee – Alternative Remedy - The Supreme Court held that an order of the Internal Complaints Committee against a member of the armed forces is amenable to challenge before the Armed Forces Tribunal. Recognising the specialised statutory mechanism, the Court granted liberty to the officer to pursue the appropriate remedy.
8. False Complaints Against Judges Must Invite Contempt; Lawyers May Face Disciplinary Action: Supreme Court
[Nirbhay Singh Suliya v. State of Madhya Pradesh and Another]
Contempt of Court – Judicial Independence – Professional Misconduct – Frivolous Allegations - The Supreme Court held that reckless and unfounded allegations against judges strike at the foundation of the justice delivery system and must invite contempt action. It further observed that advocates making such allegations may also face disciplinary proceedings before the Bar Council, emphasising the duty of responsibility owed by members of the Bar.
9. Supreme Court Acquits Man in 2004 Durga Puja Shootout Double Murder Case
[Anjani Singh v. State of Uttar Pradesh]
Criminal Law – Benefit of Doubt – Appreciation of Evidence – Circumstantial Evidence – Acquittal - The Supreme Court acquitted the appellant after finding that the prosecution had failed to establish guilt beyond reasonable doubt. The Court noted material inconsistencies in witness testimony and gaps in the chain of circumstances, reiterating that suspicion, however strong, cannot replace proof in criminal trials.
10. Arbitrator’s Ineligibility Can Be Raised at Any Stage: Supreme Court
[Bhadra International (India) Pvt Ltd v. Airport Authority of India]
Arbitration Law – Bias and Independence – Section 12(5) – Waiver – Jurisdictional Challenge - The Supreme Court held that the ineligibility of an arbitrator strikes at the root of jurisdiction and can be raised at any stage of the proceedings. Such a defect cannot be cured by participation unless there is an express written waiver after disputes have arisen. The Court reaffirmed that neutrality of the arbitral tribunal is non-negotiable.
11. Prior Sanction Mandatory to Initiate Departmental Proceedings Against Retired Employees: Supreme Court
[Kadirkhan Ahmedkhan Pathan v. Maharashtra Warehousing Corporation & Ors.]
Service Law – Retiral Benefits – Disciplinary Proceedings – Statutory Protection – Sanction Requirement - The Supreme Court ruled that departmental proceedings against a retired employee cannot be initiated without prior sanction where the governing service rules mandate such approval. The Court emphasised that retirement confers a valuable right to finality and post-retiral proceedings must strictly comply with statutory safeguards.
12. Acquittal in Departmental Inquiry Does Not Automatically Quash Criminal Case: Supreme Court
[Karnataka Lokayuktha Bagalkote District, Bagalkot v. Chandrashekhar & Anr.]
Service Law – Criminal Law – Standard of Proof – Parallel Proceedings - The Supreme Court reiterated that exoneration in departmental proceedings does not automatically result in quashing of a criminal case. Since the two operate on different standards of proof and objectives, criminal prosecution can continue if the ingredients of the offence are independently made out.
13. Higher Threshold for Bail When Accused Is Summoned Under Section 319 CrPC: Supreme Court
[Md. Imran @ DC Guddu v. State of Jharkhand]
Criminal Procedure – Section 319 CrPC – Bail – Additional Accused – Strong Evidence Requirement - The Supreme Court held that an accused summoned under Section 319 CrPC faces a higher threshold for grant of bail, as such summoning is based on strong and cogent evidence. The Court clarified that the seriousness of the satisfaction required at the stage of summoning must be reflected in the consideration of bail.
14. Private Complaints Cannot Trigger Fraud Proceedings Under Companies Act: Supreme Court
[Yerram Vijay Kumar v. State of Telangana & Anr.]
Company Law – Fraud Investigation – Statutory Mechanism – Locus – Regulatory Domain - The Supreme Court ruled that proceedings for fraud under the Companies Act cannot be initiated on the basis of private complaints and must follow the statutory route through the competent authority. The Court emphasised that corporate fraud investigation is a matter of regulatory action, not private enforcement.
15. Mere Injunction Suit Not Maintainable When Construction Exists on Disputed Property: Supreme Court
[Sanjay Paliwal and Anr. v. BHEL through its Executive Director]
Civil Law – Injunction – Possessory Relief – Title Dispute – Appropriate Remedy - The Supreme Court held that where construction already exists on disputed property, a simpliciter suit for injunction is not maintainable and the plaintiff must seek declaration and consequential relief. The Court reiterated that the nature of relief must correspond to the factual situation on the ground.
16. State Police Can Investigate Corruption Cases Against Central Government Employees: Supreme Court
[Nawal Kishore Meena @ NK Meena v. State of Rajasthan]
Criminal Law – Federal Structure – Anti-Corruption – Investigative Jurisdiction - The Supreme Court held that State police are competent to investigate corruption cases against Central government employees unless the statute expressly bars such action. The Court clarified that investigative power flows from the offence and territorial jurisdiction, not the employer’s identity.
17. Police Custody Cannot Be Sought Once Accused Is Granted Bail: Supreme Court
[Pogadadabnda Revathi and Anr. v. State of Telangana]
Criminal Procedure – Custodial Interrogation – Bail – Liberty of Accused - The Supreme Court ruled that once an accused has been granted bail and is not in judicial custody, police custody cannot subsequently be sought. The Court emphasised that custodial interrogation presupposes lawful custody and cannot be used to defeat an order of bail.
18. Courts Cannot Fix Rigid Timelines for Filing Charge Sheets and Concluding Trials: Supreme Court
[A. Shankar @ Savukku Shankar v. The Secretary to Government & Ors.]
Criminal Procedure – Separation of Powers – Investigative Discretion – Judicial Directions - The Supreme Court set aside directions prescribing fixed timelines for filing charge sheets and completing trials, holding that such orders encroach upon the domain of the investigating agency. While expeditious investigation is desirable, rigid deadlines cannot be judicially imposed.
19. Reserved Category Candidates Entitled to General Seats on Merit: Supreme Court
[Airport Authority of India & Ors v. Sham Krishna B & Ors.]
Reservation Law – Equality – Merit Principle – Open Category - The Supreme Court reaffirmed that candidates belonging to reserved categories who qualify on merit are entitled to be adjusted against unreserved seats. Denial of such adjustment would amount to discrimination and dilute the principle of merit.
20. Supreme Court Reduces Sentence of 84-Year-Old in 1977 Murder Case
[Sewak Ram v. State of Uttar Pradesh]
Criminal Law – Sentencing – Age and Health – Reformative Approach – Passage of Time - Taking note of the advanced age of the convict and the long lapse of time, the Supreme Court reduced the sentence while maintaining the conviction. The Court reiterated that sentencing must balance proportionality with humanitarian considerations.
21. Section 17A PC Act Not Applicable Where Bribe Is Demanded: Supreme Court
[Anil Daima etc. v. State of Rajasthan & Ors.]
Prevention of Corruption Act – Prior Approval – Trap Cases – Demand of Bribe - The Supreme Court held that prior approval under Section 17A of the PC Act is not required where a public servant is caught in the act of demanding or accepting a bribe. The provision is meant to protect bona fide decisions, not shield corrupt conduct.
22. Supreme Court Calls for Urgent Digitisation of Registered Documents and Land Records
[Hemalatha (D) by Lrs. v. Tukaram (D) by Lrs. & Ors.]
Property Law – Land Records – Digital Governance – Transparency – Access to Justice - The Supreme Court emphasised the urgent need for nationwide digitisation of registered documents and land records to reduce litigation and ensure transparency. The Court observed that reliable digital records are essential for certainty of title and efficient administration.
23. Law Not Binding Until Published in Official Gazette: Supreme Court
[Viraj Impel Pvt. Ltd. v. Union of India and Anr.]
Constitutional Law – Delegated Legislation – Publication – Due Process - The Supreme Court held that a law or notification becomes enforceable only upon its publication in the Official Gazette. Citizens cannot be bound by provisions that are not duly notified, as publication is a mandatory requirement for enforceability.
24. Judgment Cannot Be Recalled After Signing Except for Clerical Errors: Supreme Court
[Rambali Sahni v. State of Bihar]
Civil Procedure – Finality of Judgments – Recall vs Review – Clerical Corrections - The Supreme Court reiterated that once a judgment is signed, it attains finality and cannot be recalled except for correcting clerical or arithmetical errors. Substantive modification can be sought only through review or appeal.
25. Supreme Court Enhances Compensation for Farmer Killed in Road Accident
[Nirmala Bai and Ors. v. Mansingh and Ors.]
Motor Vehicles Act – Just Compensation – Notional Income – Rural Economy - The Supreme Court enhanced compensation by adopting a realistic assessment of the deceased farmer’s income, recognising the economic value of agricultural activity. The Court stressed that compensation must reflect ground realities and not be based on outdated assumptions.
26. Supreme Court Flags Issue of Consensual Teenage Relationships Under POCSO, Seeks Government’s Response
[State of Uttar Pradesh v. Anurudh & Anr.]
POCSO Act – Adolescent Relationships – Legislative Policy – Criminalisation Concerns - The Supreme Court sought the Union Government’s response on whether consensual relationships between adolescents require a differentiated legal approach under the POCSO framework. The Court highlighted the growing tension between the statute’s object and ground realities.
27. NCLT Cannot Decide Trademark Rights Beyond Approved Resolution Plan: Supreme Court
[Gloster Limited v. Gloster Cables Limited & Ors.]
Insolvency Law – IBC – Jurisdiction – Resolution Plan – Intellectual Property - The Supreme Court held that the NCLT cannot adjudicate trademark rights beyond the scope of an approved resolution plan. The Court clarified that its jurisdiction is confined to matters arising from insolvency resolution and cannot extend to independent intellectual property disputes.
28. Second Marriage During Subsistence of First Is Service Misconduct: Supreme Court Upholds Dismissal
[Union of India and Ors. v. Pranab Kumar Nath]
Service Law – Conduct Rules – Bigamy – Departmental Action – Proportionality - The Supreme Court upheld dismissal from service for contracting a second marriage during the subsistence of the first, holding that such conduct violates service rules and undermines institutional discipline.
29. Legitimate Expectation Cannot Be Invoked on Speculative Grounds: Supreme Court
[State of Uttar Pradesh v. Bhawana Mishra]
Administrative Law – Legitimate Expectation – Public Employment – Selection Process - The Supreme Court held that the doctrine of legitimate expectation cannot be invoked in the absence of a clear promise or consistent past practice. Mere participation in a selection process does not create an enforceable right to appointment.
30. Selection Panel Cannot Include Officer Who Earlier Opposed Candidate’s Appointment: Supreme Court
[Capt. Pramod Kumar Bajaj v. Union of India and Anr.]
Service Law – Bias – Selection Process – Principles of Natural Justice – Institutional Fairness - The Supreme Court held that an officer who had earlier taken an adverse position against a candidate’s appointment cannot be part of the selection panel considering that candidate. Such participation vitiates the process on grounds of bias and undermines fairness. The Court reaffirmed that even a reasonable likelihood of bias is sufficient to invalidate a selection.
31. Release on Probation Does Not Bar Dismissal from Government Service: Supreme Court
[The Superintending Engineer v. Labour Court Madurai & Ors.]
Service Law – Conduct Rules – Criminal Conviction – Probation of Offenders Act – Departmental Action - The Supreme Court clarified that release on probation does not wipe out the misconduct for service law purposes. A government employee can still be dismissed on the basis of the underlying conviction, as departmental proceedings operate in a distinct domain from criminal sentencing.
32. Apprehension of Re-Offending on Bail Not Sufficient for Preventive Detention: Supreme Court
[Roshini Devi v. State of Telangana and Ors.]
Preventive Detention – Personal Liberty – Subjective Satisfaction – Bail Jurisprudence - The Supreme Court held that the mere possibility of an accused committing another offence after being released on bail is not a valid ground for preventive detention. There must be cogent material showing a real and proximate threat to public order.
33. State Cannot Be Made to Suffer for Errors of Its Officers: Supreme Court
[Vinod Gandhi v. District Collector, Madurai]
Administrative Law – Public Interest – Procedural Lapses – State Liability – Substantial Justice - The Supreme Court observed that bona fide mistakes by government officials should not result in irreversible loss to the State where larger public interest is involved. Courts must balance procedural compliance with substantive justice.
34. Rs. 212 Crore Recovered for PwD Fund; Supreme Court Ends Monitoring
[Ravi Shankar Bhushan v. Union of India & Ors.]
Disability Rights – Social Welfare Funds – Continuing Mandamus – Accountability - Recording that over ₹212 crore had been recovered for the benefit of persons with disabilities, the Supreme Court closed its monitoring proceedings. The Court emphasised that statutory welfare funds must be utilised strictly for their intended purpose.
35. Court Decree Cannot Be Executed Against Non-Parties: Supreme Court
[Ansal Crown Heights Flats Buyers Association v. M/s Ansal Crown Infrabuild Pvt. Ltd. & Ors.]
Civil Procedure – Execution – Binding Nature of Decrees – Necessary Parties - The Supreme Court held that a decree is enforceable only against the parties to the proceedings and their legal representatives. Execution against third parties who were not part of the original litigation is impermissible in law.
36. Supreme Court Upholds Assam’s Forest Eviction Drive with Safeguards
[Abdul Khalek & Ors. v. State of Assam & Ors.]
Environmental Law – Forest Conservation – Encroachment – Rehabilitation – Due Process - The Supreme Court permitted eviction of encroachers from forest land in Assam while directing compliance with due process and rehabilitation safeguards. The Court balanced environmental protection with humanitarian concerns.
37. Russian National Acquitted in Charas Smuggling Case Due to Procedural Lapses
[Doniyar Vildanov v. State of U.P.]
NDPS Act – Search and Seizure – Compliance – Benefit of Doubt - The Supreme Court acquitted the accused after finding serious procedural violations in search and seizure. Reiterating strict compliance under the NDPS Act, the Court held that any lapse in mandatory safeguards vitiates the conviction.
38. Dentist Granted Bail in Wife’s Death Within Four Months of Marriage
[Abhijit Pandey v. State of Madhya Pradesh and Anr.]
Criminal Law – Bail – Circumstantial Evidence – Custodial Interrogation - The Supreme Court granted bail noting the absence of direct evidence and prolonged custody. The Court reiterated that bail cannot be denied as a measure of pre-trial punishment.
39. Imprisonment Not Mandatory Under Section 304A IPC: Supreme Court Allows Compensation in Lieu of Jail
[Abdul Sattar v. State of Karnataka Department of Home & Anr.]
Criminal Law – Sentencing – Negligence – Compensation – Reformative Justice - The Supreme Court held that imprisonment is not mandatory in every conviction under Section 304A IPC and permitted substitution with monetary compensation in appropriate cases. Sentencing must be proportionate and tailored to the facts.
40. Courts Must Be Reluctant to Order Re-Evaluation of Competitive Exam Answer Keys: Supreme Court
[Shubham Pal and Ors. v. Staff Selection Commission & Anr.]
Education Law – Judicial Review – Academic Matters – Limited Interference - The Supreme Court reiterated that courts should exercise extreme restraint in directing re-evaluation of answer keys and interfere only where the error is demonstrably clear and material.
41. Purchase of Multiple Properties Does Not Automatically Exclude Buyer from ‘Consumer’ Definition: Supreme Court
[Vinit Bahri and Anr. v. MGF Developers Ltd. and Anr.]
Consumer Law – Commercial Purpose – Consumer Status – Real Estate - The Supreme Court held that mere purchase of multiple residential units does not by itself establish a commercial purpose. The buyer may still qualify as a consumer depending on the facts and intended use.
42. Supreme Court Cancels Bail of Murder Accused Who Hid Body in Septic Tank
[Gulabkali v. Aashish Gautam @ Arvind Kumar]
Criminal Law – Bail Cancellation – Perverse Order – Gravity of Offence - The Supreme Court set aside the High Court’s bail order, holding that it ignored material evidence and the gravity of the crime. The Court reiterated that perverse bail orders can be interfered with.
43. Existence of Joint Family Does Not Presume All Properties Are Joint: Supreme Court
[Dorairaj v. Doraisamy (D) through Lrs.]
Property Law – Hindu Joint Family – Burden of Proof – Ancestral Property - The Supreme Court held that the mere existence of a joint family does not automatically render all properties joint. The party asserting joint family status must prove that the property was acquired from joint family funds.
44. Damages Cannot Be Awarded on Whims: Supreme Court Sets Aside Rs. 2 Crore Compensation to Model
[ITC Limited Vs Aashna Roy]
Tort Law – Compensation – Proof of Loss – Reasoned Awards - The Supreme Court set aside a ₹2 crore damages award, holding that compensation must be based on evidence and established legal principles. Courts cannot grant arbitrary or speculative amounts.