Complete Supreme Court Annual Digest 2025 [Part-I]

Abkari Abkari Shops (Disposal in Auction) Rules, 2002 (Kerala) - Rule 9(2) - Ethyl alcohol content in coconut toddy - Supreme Court on May 1, 2024, directed the government to reassess the appropriateness of 8.1% v/v limit for ethyl alcohol in coconut toddy - Expert Committee was constituted who recommended that maximum allowed ethyl alcohol content for self-produced alcohol from coconut palm today be 8.89% v/v at 15.56°C - Relying on this report Supreme Court held that prosecutions based on earlier assumption of an 8.1% v/v maximum ethyl alcohol content could not be sustained - Quashed 2007 Kerala Govt. Order capping coconut toddy alcohol content at 8.1% v/v. [Paras 2-5] Komalan v. State of Kerala, 2025 LiveLaw (SC) 800 Adalat Compromise/Settlement – Mediation – Supreme Court – Power of Trust, Simplicity, and Efficacy in Dispute Resolution - A protracted litigation, spanning almost four decades, was successfully resolved through mediation efforts undertaken by Senior Advocate, appointed by the Court, who travelled to Hamirpur, Himachal Pradesh, interacted with rival family members, and inspected the properties - Supreme Court lauded the efforts, noting that the resolution was a direct consequence of the parties trusting the mediator. Raksha Devi v. Parkash Chand, 2025 LiveLaw (SC) 998 : 2025 INSC 1216 Conciliation - Features of - i. Conciliation is not an adjudicatory or judicial process where the conciliator hears the parties and decides a dispute. ii. The parties to the conciliation resolve their disputes through settlement, whose terms may be arrived at with the assistance of the conciliator. The role of the conciliator is to guide and assist the parties in arriving at a compromise or settlement, make proposals for settlement, formulate the terms of settlement or assist the parties in doing so, and reformulate the terms of settlement based on the observations of the parties. iii. The conciliator must be guided by the principles of independence, impartiality, objectivity, justice, equity, fair play, fairness, and confidentiality, and must also consider the rights and obligations of the parties, trade usages, and business practices between the parties. He must also take into account the wishes of the parties and the need for speedy settlement of dispute. The parties must also cooperate with the conciliator in good faith and endeavour to comply with the conciliator's requests. iv. Finally, the terms of the settlement that are recorded in a settlement agreement must be signed by the parties and it shall be final and binding on them. The same is enforceable as an arbitral award. (Para 25) Sonali Power Equipments Pvt. Ltd. v. Chairman, Maharashtra State Electricity Board, 2025 LiveLaw (SC) 721 : 2025 INSC 864 : 2025 (5) ABR 660 Execution of Compromise Decree – Burden of Proof – Discussed. [Paras 24- 28] Kapadam Sangalappa v. Kamatam Sangalappa, 2025 LiveLaw (SC) 1093 : 2025 INSC 1307 Interestingly, Urdu words have a heavy influence on Court parlance, both in criminal and civil law. From Adalat (Adalat means 'Court') to Halafnama (Halafnama means 'affidavit') to Peshi (Peshi means 'appearance' or 'presence'), the influence of Urdu is writ large in the language of the Indian Courts. For that matter, even though the official language of the Supreme Court and the High Courts as per Article 348 of the Constitution is English, yet many Urdu words continue to be used in this Court till date. These include vakalatnama, dasti, etc. Varshatai v. State of Maharashtra, 2025 LiveLaw (SC) 427 : 2025 INSC 486 : AIR 2025 SC (Civil) 1558 : (2025) 7 SCC 293 It is a matter of common knowledge that large number of motor accident cases are settled in Lok Adalats at the stage of Tribunal and some percentage at the appeal level. In the Lok Adalat recently held in the Supreme Court some matters were disposed of. (Para 14.3) Parminder Singh v. Honey Goyal, 2025 LiveLaw (SC) 318 : 2025 INSC 361 : AIR 2025 SC 1713 : (2025) 9 SCC 539 Mediation is a consensual process and cannot be thrust upon unwilling parties, particularly in contempt proceedings where compliance with judicial orders is at stake. (Para 9, 10, 12) Rupa and Co. v. Firhad Hakim, 2025 LiveLaw (SC) 233 : 2025 INSC 245 Promoting mediation, holding of Lok Adalats and other alternative dispute resolution mechanisms in Section 138 NI Act cases – Discussed. (Para 36) Sanjabij Tari v. Kishore S. Borcar, 2025 LiveLaw (SC) 952 : 2025 INSC 1158 Refund court fees - The petitioner sought a refund of court fees paid in the trial court, first appellate court, and second appellate court after the High Court decided the second appeal based on an amicable settlement between the parties. The High Court rejected the petitioner's prayer for a refund, holding that no grounds for refund were made out. The Supreme Court upheld the High Court's decision, ruling that refund of court fees is...

Complete Supreme Court Annual Digest 2025 [Part-I]

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