Weekly Judgment Bulletin

28 September - 3 October 2026

Week 5 • September 2026

Sterling Holiday Resorts Ltd. v. M/s P.M. Associates & Ors.

Supreme Court of India   •   30 September 2026   •   2026 INSC 1071; Civil Appeal Nos. 10077–10078 of 2014 with Civil Appeal Nos. 10246–10247 of 2014, Contempt Petition (C) Nos. 834–835 of 2015 & SLP (C) No. 508 of 2016
Banking / SARFAESI / Property Law — Auction Sale, Mandatory Procedure, Borrower’s Redemption Rights & Sale Certificate

The Supreme Court held that a SARFAESI auction conducted in breach of a subsisting restraint order and mandatory statutory safeguards cannot acquire legal sanctity merely because a sale certificate has been issued. Bids received contrary to a judicial restraint, premature completion of sale and issuance of the certificate to a non-bidder entity rendered the auction invalid.

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State of Maharashtra v. Ramesh Sukrya Mhatre & Ors.

Supreme Court of India   •   28 September 2026   •   2026 INSC 1075; Criminal Appeal arising out of SLP (Crl.) No. 16674 of 2026
Criminal Law / Bail — Assault on Medical Professionals, Witness Intimidation, Public Office & Rule of Law

The Supreme Court cancelled bail granted to an elected municipal councillor and three co-accused in a case concerning the alleged assault and intimidation of doctors, holding that criminal antecedents, influence over witnesses and the wider impact upon the medical fraternity are material considerations in bail adjudication.

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Shaurya Alloys Pvt. Ltd. v. State of Punjab & Anr.

Punjab & Haryana High Court   •   01 October 2026   •   CWP-34296-2024 (O&M) & 423 connected writ petitions
GST / Taxation — Input Tax Credit, Section 16(2)(c), Supplier Default, ITC Reversal & Procedural Safeguards

The Punjab & Haryana High Court upheld the constitutional validity of Section 16(2)(c) of the GST Act but held that ITC cannot be mechanically denied or reversed merely because the supplier failed to deposit tax or its registration was subsequently cancelled. The Court laid down 14 safeguards governing invocation of Section 16(2)(c).

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Sainaba v. State of Kerala & Anr.

Supreme Court of India   •   30 September 2026   •   2026 INSC 1069; Criminal Appeal arising out of SLP (Crl.) No. 17180 of 2025
Negotiable Instruments Act / Criminal Law — Section 138, Statutory Demand Notice, Deemed Service & Presumption of Service

The Supreme Court held that the requirement of “giving notice” under Section 138 of the Negotiable Instruments Act stands satisfied once the statutory demand notice is properly addressed and dispatched by registered post to the drawer’s correct address. Receipt of the notice by a family member residing at that address does not invalidate service; the statutory presumption remains operative unless rebutted by the drawer.

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S. Rajaseekaran v. Union of India & Ors.

Supreme Court of India   •   28 September 2026   •   Writ Petition (Civil) No. 295 of 2012 — IA No. 33035 of 2021
Motor Vehicles Law / Road Safety — E-Challans, Electronic Enforcement, Vehicle Services & Recovery of Traffic Fines

The Supreme Court directed States and Union Territories to strengthen recovery of unpaid e-challans by restricting specified vehicle-related services, blacklisting defaulting vehicles, blocking ownership transfers and permitting impounding during random checks. It also ordered immediate implementation of the electronic-enforcement framework under Section 136A of the Motor Vehicles Act read with Rule 167A of the Central Motor Vehicles Rules.

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Orris Infrastructure Pvt. Ltd. v. Rakesh Kumar Gupta & Ors.

Supreme Court of India   •   30 September 2026   •   2026 INSC 1070; Civil Appeal Nos. 6797–6801 of 2023 with Civil Appeal Nos. 6792–6796 of 2023, Civil Appeal Nos. 6802–6806 of 2023 & connected Contempt Petitions
Insolvency & Bankruptcy Law — Section 9 IBC, Fraudulent/Collusive Initiation of CIRP, Recall of Admission & Rights of Stakeholders

The Supreme Court held that an Adjudicating Authority can recall admission of a CIRP where the jurisdictional foundation itself was procured by fraud or collusion. However, such fraudulent initiation does not automatically require termination of the entire CIRP once proceedings have become in rem and rights of creditors, homebuyers and other stakeholders have intervened.

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Mulla Afroz v. Union of India & Ors.

Supreme Court of India   •   29 September 2026   •   2026 INSC 1067; Criminal Appeal No. 4310 of 2026, arising out of SLP (Crl.) No. 12534 of 2026
Constitutional Law / Criminal Law — Preventive Detention, National Security Act, Article 20(3), Article 21 & Article 22

The Supreme Court held that a confession made by a detenu before the police cannot, by itself, constitute the basis for preventive detention under the National Security Act. Preventive detention must be supported by substantive material demonstrating the necessity to prevent future prejudicial conduct, particularly where ordinary criminal proceedings are already pending. The detention was quashed and ₹10 lakh costs were imposed on the State of Uttar Pradesh.

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In Re: Recent Rape Incidents in Delhi NCR

Supreme Court of India   •   28 September 2026   •   2026 INSC 1063
Constitutional Law / Criminal Law — Article 21, Women & Child Safety, Public-Space Security

The Supreme Court, taking suo motu cognisance of recent sexual offences against women and children in Delhi-NCR, directed a time-bound audit of vulnerable public spaces and strengthening of surveillance, lighting, patrolling and institutional response mechanisms. The Court held that the right to live with dignity, free from fear of violence, forms an intrinsic part of Article 21.

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