Order XLI Rule 5 CPC | Deposit Not Mandatory For Stay Of Money Decree, Unconditional Stay Can Be Granted In Exceptional Cases : Supreme Court

The Supreme Court on Tuesday (October 7) resolved the long-standing debate on whether deposit or security is an absolute precondition for staying a money decree. It clarified that it is not mandatory for the Appellate Court to impose a condition for deposit of the amount in dispute for grant of stay of execution under Order XLI Rule 5 of the Code of Civil Procedure, 1908 (“CPC”). Affirming the Delhi High Court's division bench decision, the Court held that the provisions of Order XLI Rule 1(3)...

For Valid Oral Gift (Hiba) Under Mohammedan Law, Public Possession Must Be Proved; Absence Of Mutation Raises Doubt: Supreme Court

Hiba cannot operate in secrecy as a surprise instrument, the Court said.

Nagpur's Futala Lake Not Wetland : Supreme Court Allows Constructions Near It

The Supreme Court on Tuesday (October 7) upheld the Bombay High Court's decision declining to classify Nagpur's Futala Lake as a 'wetland' under the Wetlands (Conservation and Management) Rules, 2017, thereby permitting the State authorities to proceed with temporary constructions such as a floating restaurant, banquet hall, musical fountain, and viewing gallery around the lake. A bench of Chief Justice BR Gavai and Justices K Vinod Chandran and NV Anjaria dismissed the petition filed by Nagpur...

Supreme Court Directs States/UTs To Frame Rules Under Motor Vehicles Act For Pedestrian Safety, Footpaths & Road Designs

The Supreme Court today (October 7) issued a series of final directions relating to the safety of pedestrians on roads and footpaths, including the wearing of helmets, wrong lane driving, and the use of unauthorised hooters on cars in a long-standing writ petition. It has directed the States and Union Territories to formulate Rules under Section 138(1A) the Motor Vehicles Act in the interest of road safety for the purpose of regulating the activities and access of non-mechanically propelled...

Supreme Court Grants Relief To Gujarat Urja Vikas Nigam Ltd; Directs Essar Power To Reimburse Fixed Charges For Electricity Diverted

The Supreme Court has granted relief to Gujarat Urja Vikas Nigam Limited (GUVNL) by setting aside the Appellate Tribunal for Electricity's (APTEL) March 2025 judgment and restoring the 2009 order of the Gujarat Electricity Regulatory Commission (GERC) in its long-pending dispute with Essar Power Limited (EPL) over diversion of electricity in breach of a Power Purchase Agreement (PPA). The Court held that EPL was bound by the PPA to maintain the stipulated proportion of supply, 58% to GUVNL and...

Supreme Court Daily Round-Up : October 6, 2025

Supreme Court news of today.

Tender Condition Requiring Past Supply Within One State Irrational, Violates Article 19(1)(g) : Supreme Court

The State by linking the eligibility criteria with past local supplies has created an artificial barrier, against the suppliers who had no past dealing with the State of Chhattisgarh.

Either Grant Or Deny Relief; Avoid Passing Adverse Orders Against Litigants On Issues Beyond Pleadings : Supreme Court To High Courts

Litigants should not feel they are worse off than they were before the filing of the case, the SC said.

Order XXXVII CPC | In Summary Suit, Defendant Can't File Reply/Defence Without Court's Leave : Supreme Court

The Supreme Court recently clarified that no defence would be allowed to come on record in a summary suit under Order XXXVII CPC without the leave of the court.A bench of Justices Ahsanuddin Amanullah and SVN Bhatti set aside the Bombay High Court's ruling, where it allowed the defendant to file a reply to the plaintiff's summons for judgment, bypassing the mandatory requirement of obtaining...

Supreme Court Half Yearly Digest 2025: Property Law

Code of Civil Procedure, 1908; Order VII Rule 11 - Locus Standi of Proposed Purchaser under Agreement to Sell in Suit for Permanent Injunction against Third Party - Held, a proposed purchaser under an agreement to sell lacks locus standi to file a suit for a permanent injunction against a third party claiming independent title and possession of the property, as such an agreement does...

Supreme Court Half Yearly Digest 2025:Protection Of Children From Sexual Offences (POCSO) Act, 2012

Application in Consensual Adolescent Relationships - The Supreme Court emphasized a nuanced application of the POCSO Act in cases involving consensual romantic relationships between adolescents, prioritizing the best interests of the victim and her dependents. (Paras 15, 31) In Re: Right to Privacy of Adolescents, 2025 LiveLaw (SC) 617 : 2025 INSC 778 Life Imprisonment...

Supreme Court Half Yearly Digest 2025: Negotiable Instruments Act

Negotiable Instruments Act, 1881; Section 138 - Code of Criminal Procedure, 1973 - Sections 2(wa), 372, 378 (4), 378 (6) - Dishonour of Cheque - Special Leave to Appeal - Appeal against order of acquittal – Victim's right to appeal - Whether an appeal would be maintainable under the proviso to section 372 of CrPC against an order of acquittal passed in a case instituted upon a private...