Supreme Court Case Commentaries

Attempt vs Preparation in Sexual Offences: Restoring Summons for Attempt to Rape and Institutionalising Judicial Sensitivity Guidelines

Date: Feb 11, 2026

Attempt vs Preparation in Sexual Offences: Restoring Summons for Attempt to Rape and Institutionalising Judicial Sensitivity Guidelines 1. Introduction This Supreme Court decision (10 February 2026)...

Limiting “Consider Jurisprudence”: Clear Mandamus, No Endless Remands, and Contempt Not as a Substitute for Challenging Fresh Administrative Orders

Date: Feb 11, 2026

Limiting “Consider Jurisprudence”: Clear Mandamus, No Endless Remands, and Contempt Not as a Substitute for Challenging Fresh Administrative Orders 1. Introduction Case: MAHENDRA PRASAD AGARWAL v....

Consumer Compensation Must Rest on Reliable Proof: Photocopies and Unproved Documents Cannot Justify Crore-Level Awards

Date: Feb 7, 2026

Consumer Compensation Must Rest on Reliable Proof: Photocopies and Unproved Documents Cannot Justify Crore-Level Awards 1. Introduction ITC LIMITED v. AASHNA ROY (2026 INSC 135, decided on...

Notarised Photocopy of Power of Attorney Is “No Evidence” Unless Secondary Evidence Foundations Are Laid; Section 85 Presumption Cannot Be Invoked Without Proved Primary/Secondary Evidence

Date: Feb 7, 2026

Notarised Photocopy of Power of Attorney Is “No Evidence” Unless Secondary Evidence Foundations Are Laid; Section 85 Presumption Cannot Be Invoked Without Proved Primary/Secondary Evidence Case:...

Future Prospects are Mandatory for Fixed-Salary Victims; “Love and Affection” Not a Separate Head—Compensation to be Channelled Through Expanded Consortium

Date: Feb 6, 2026

Future Prospects are Mandatory for Fixed-Salary Victims; “Love and Affection” Not a Separate Head—Compensation to be Channelled Through Expanded Consortium Case: V. Pathmavathi v. Bharthi AXA General...

Section 57A “Civil Court powers” do not include review: Revenue Officers cannot reopen concluded vesting under the WBEA Act

Date: Feb 6, 2026

Section 57A “Civil Court powers” do not include review: Revenue Officers cannot reopen concluded vesting under the WBEA Act, 1953 1. Introduction The Supreme Court in THE STATE OF WEST BENGAL v. JAI...

Belated Co-operative Society Membership Must Be Recognised Where Prior AGM Resolution Exists and Later General Body Ratifies Transfer; Remedy Lies in Enhanced Interest

Date: Feb 6, 2026

Belated Co-operative Society Membership Must Be Recognised Where Prior AGM Resolution Exists and Later General Body Ratifies Transfer; Remedy Lies in Enhanced Interest 1. Introduction Case: SHASHIN...

Once Ancestral Nucleus Is Shown, Burden Shifts to Prove Self‑Acquisition; Karta’s Intra‑Family Alienations Must Be Justified by Legal Necessity

Date: Feb 6, 2026

Once Ancestral Nucleus Is Shown, Burden Shifts to Prove Self‑Acquisition; Karta’s Intra‑Family Alienations Must Be Justified by Legal Necessity 1. Introduction Dorairaj v. Doraisamy (Dead) through...

Dearness Allowance as an Enforceable Statutory Right: AICPI-Incorporation Binds the State; Executive Memoranda Cannot Deviate; Paucity of Funds No Defence

Date: Feb 6, 2026

Dearness Allowance as an Enforceable Statutory Right: AICPI-Incorporation Binds the State; Executive Memoranda Cannot Deviate; Paucity of Funds No Defence Case: THE STATE OF WEST BENGAL v....

Honorarium Stagnation as “Begar”: Binding Effect of PAB-Approved Teacher Remuneration and State’s Pay-&-Recover Duty under the RTE Framework

Date: Feb 5, 2026

Honorarium Stagnation as “Begar”: Binding Effect of PAB-Approved Teacher Remuneration and State’s Pay-&-Recover Duty under the RTE Framework Case: U.P. JUNIOR HIGH SCHOOL COUNCIL INSTRUCTOR WELFARE...

Leasing a Residential Flat Does Not Per Se Defeat “Consumer” Status; Builder Must Prove Dominant Commercial Purpose

Date: Feb 5, 2026

Leasing a Residential Flat Does Not Per Se Defeat “Consumer” Status; Builder Must Prove Dominant Commercial Purpose 1. Introduction In VINIT BAHRI v. M/S MGF DEVELOPERS LTD. (2026 INSC 114, decided...

Near-Total Bar on Article 227 to Reject/Strike Off Plaint Where Order VII Rule 11 CPC Remedy Exists

Date: Feb 5, 2026

Near-Total Bar on Article 227 to Reject/Strike Off Plaint Where Order VII Rule 11 CPC Remedy Exists 1. Introduction Case: P. Suresh v. D. Kalaivani & Ors., 2026 INSC 121 (Supreme Court of India),...

Section 15(2) Substitution Is Confined to Appointment: Courts Cannot Nullify Prior Arbitral Proceedings/Orders While Replacing an Arbitrator

Date: Feb 5, 2026

Section 15(2) Substitution Is Confined to Appointment: Courts Cannot Nullify Prior Arbitral Proceedings/Orders While Replacing an Arbitrator Case: ANKHIM HOLDINGS PVT. LTD. v. ZAVERI CONSTRUCTION...

Welfare is Paramount, Not Exclusive: Mandatory Consideration of Parental Conduct, Foreign Custody Orders, and Contempt in Cross-Border Child Custody Disputes

Date: Feb 4, 2026

Welfare is Paramount, Not Exclusive: Mandatory Consideration of Parental Conduct, Foreign Custody Orders, and Contempt in Cross-Border Child Custody Disputes 1. Introduction Mohtashem Billah Malik v....

Finality of IPS Cadre Allocation: No Subsequent Right to Claim an “Insider” Vacancy After Non-Joining by Higher-Merit Candidates

Date: Feb 4, 2026

Finality of IPS Cadre Allocation: No Subsequent Right to Claim an “Insider” Vacancy After Non-Joining by Higher-Merit Candidates 1. Introduction In RUPESH KUMAR MEENA v. UNION OF INDIA (Supreme Court...

Pre-2015 Section 11 Appointment Operates as Res Judicata on Arbitration Agreement Existence/Validity; Section 34 Courts Cannot Reopen

Date: Feb 4, 2026

Pre-2015 Section 11 Appointment Operates as Res Judicata on Arbitration Agreement Existence/Validity; Section 34 Courts Cannot Reopen 1. Introduction In M/s Eminent Colonizers Private Limited v....

Further Investigation After Final Report Requires Prior Leave of the Court: Executive/Police Directions Are Invalid

Date: Feb 4, 2026

Further Investigation After Final Report Requires Prior Leave of the Court: Executive/Police Directions Are Invalid 1. Introduction In PRAMOD KUMAR v. THE STATE OF UTTAR PRADESH (2026 INSC 120), the...

Mandatory Constitution of an Inter-State River Water Disputes Tribunal Once Negotiations Fail (Pennaiyar River Dispute)

Date: Feb 4, 2026

Mandatory Constitution of an Inter-State River Water Disputes Tribunal Once Negotiations Fail (Pennaiyar River Dispute) 1) Introduction The State of Tamil Nadu v. The State of Karnataka & Anr. (2026...

Section 29A(5) Can Be Invoked Even After a Time-Barred Award: Post-Expiry Awards Are Unenforceable, Not a Bar to Extension

Date: Feb 3, 2026

Section 29A(5) Can Be Invoked Even After a Time-Barred Award: Post-Expiry Awards Are Unenforceable, Not a Bar to Extension Case: C. VELUSAMY v. K INDHERA | Citation: 2026 INSC 112 | Court: Supreme...

Forgery Allegations that Strike at the Arbitration Agreement: Reference/Appointment Must Fail Where the Clause Is Embedded in a Disputed Document

Date: Feb 3, 2026

Forgery Allegations that Strike at the Arbitration Agreement: Reference/Appointment Must Fail Where the Clause Is Embedded in a Disputed Document 1. Introduction Rajia Begum v. Barnali Mukherjee...