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Judgment Digest
Twelve Supreme Court and High Court developments on IBC set-off in arbitration, multi-contract arbitration, pharma marketing regulation, election petitions, subsidy taxation, public employment, written grounds of arrest, NDPS default bail and disciplinary fairness.
Supreme Court of India
2026 INSC 1103 · Civil Appeal No. 13536 of 2026 · 8 October 2026
An operational debt extinguished by an approved resolution plan may be pleaded defensively as a set-off in a later arbitration from the same contract, but cannot be used to obtain an affirmative recovery.
Supreme Court of India
2026 INSC 1098 · 8 October 2026
At the Section 11 stage, admitted arbitration clauses in a JVA and MoU operating in different fields from an earlier licence agreement had to be given effect; overlap and non-signatory issues were left to the tribunal and a sole arbitrator was appointed.
Supreme Court of India
2026 INSC 1097 · 8 October 2026
Monitoring order: invoking Articles 32 and 142, the Court directed the Union to constitute a committee on unethical pharmaceutical marketing within two weeks, consult stakeholders, take a reasoned decision and file a compliance affidavit; listed for 29 January 2027.
Supreme Court of India
2026 INSC 1092 · 7 October 2026
Personal presentation of an election petition by the petitioner under Section 81 of the Representation of the People Act is mandatory; breach attracts dismissal under Section 86(1) and is not a curable filing irregularity.
Supreme Court of India
2026 INSC 1090 · 7 October 2026
Applying the purpose test, an electricity subsidy that reduced power costs after production began, and was not earmarked for capital assets, was a taxable revenue receipt.
Supreme Court of India
2026 INSC 1094 · 7 October 2026
Eligibility for public employment is tested on the last date for applications or, at the latest, the appointment date; lacking a certificate from an NCTE-recognised institute then, the teacher’s termination was restored.
Supreme Court of India
2026 INSC 1087 · 5 October 2026
Criminal proceedings against parents-in-law were quashed because the dowry, intimidation and cruelty allegations were vague and omnibus and disclosed no supporting material to justify trial.
Patna High Court
Criminal Appeal (DB) No. 1478 of 2025 · reported 8 October 2026
A standard-form arrest memo reciting that grounds were explained does not satisfy the duty to furnish written grounds of arrest under Article 22(1); the Special Court order was set aside and bail directed.
Delhi High Court
Reported 7 October 2026
Under Section 340 CrPC, the Court found a prima facie basis to proceed against CBI officers over an allegedly false court statement and directed revival of the complaint before the Magistrate, who must proceed independently.
Bombay High Court
Bail Application No. 5481 of 2024 · 5 October 2026
Production of the accused, physically or by video conference, is a necessary safeguard when extending the NDPS investigation period beyond 180 days; the defective extension could not be cured by a later charge-sheet and eight applicants got default bail.
Kerala High Court
WP(C) No. 6142 of 2026 · 2026 LiveLaw (Ker) 560 · reported 7 October 2026
Attire is ordinarily a matter of personal choice and a dress restriction requires legal authority; a school manager could not obstruct a headmistress for wearing churidar instead of saree, and police protection was directed.
Patna High Court
Reported 8 October 2026
A major penalty of reversion could not stand on a departmental inquiry that examined no witness, did not properly prove documents and afforded no effective cross-examination.
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