#Judgement2025 : Gayatri Balasamy v. M/s ISG Novasoft Technologies Ltd : Power to modify arbitral awards

The case of Gayatri Balasamy v. M/s ISG Novasoft Technologies Limited (2025) is a landmark judgment by a five-judge Constitution Bench of the Supreme Court of India. It has fundamentally changed Indian arbitration law by addressing whether courts have the power to "modify" an arbitral award.  

Case Overview

Court: Supreme Court of India (Constitution Bench)

Bench: 5 Judges (4:1 Majority)

Decided On: April 30, 2025

Primary Statutes: Sections 34 & 37 of the Arbitration and Conciliation Act, 1996.

1. The Core Legal Question

Previously, under the precedent of Project Director, NHAI v. M. Hakeem (2021), the rule was strict: a court could either set aside an award entirely or uphold it. It could not modify the award (e.g., change the compensation amount) because Section 34 of the Arbitration and Conciliation Act, 1996, does not explicitly grant that power.  

In this case, the Supreme Court re-evaluated this position to see if such a restrictive view led to unnecessary delays and fresh rounds of litigation.  

2. The Verdict (April 30, 2025)

By a 4:1 majority, the Supreme Court held that Indian courts do possess a limited power to modify arbitral awards under Sections 34 and 37 of the Act.  

The Majority Opinion (led by CJI Sanjiv Khanna):

The "Greater Includes the Lesser" Principle: The majority invoked the legal maxim omne majus continet in se minus. Since courts have the "greater" power to set aside (annul) an award, they should logically have the "lesser" power to modify it to avoid total annulment and subsequent re-litigation.  

Severability: The court can sever and strike down an invalid portion of an award while keeping the valid portion intact.  

Correction of Errors: Courts can correct "manifest errors" such as clerical, computational, or typographical mistakes that are apparent on the face of the record and do not require a re-evaluation of the case's merits.  

Interest Rates: The court affirmed that judges could modify the post-award interest rates to ensure they are fair and statutory.  

The Dissenting Opinion (Justice K.V. Viswanathan):

He argued that the Arbitration Act was designed to minimize judicial interference. He felt that reading a "power to modify" into the statute—where the legislature had intentionally left it out—goes against the spirit of the law and could lead to courts acting as appellate bodies.  

3. Background of the Dispute

The case originated from a 2006 employment dispute. Gayatri Balasamy, a former Vice President at ISG Novasoft, alleged workplace sexual harassment and wrongful termination.  

Arbitration: The matter went to arbitration, where she was awarded ₹2 crore.  

High Court Intervention: Both parties challenged the award. The Madras High Court eventually modified the award, increasing the compensation. This raised the jurisdictional question of whether the High Court was allowed to make such a change.  

4. The "Four Scenarios" for Modification

The Court ruled that while judges cannot "re-write" the merits of an award, they can modify it in the following four specific circumstances:

Severability: If an award has multiple parts and only one is invalid, the Court can "surgically" remove the invalid part while keeping the rest intact.

Manifest Errors: The Court can correct errors that are "apparent on the face of the record." This includes:

Clerical Errors: Typos or misstatements of names/dates.

Computational Errors: Math mistakes in calculating damages or interest.

Typographical Errors: Errors in the written text of the award that lead to absurdity.

Post-Award Interest: The Court can adjust interest rates if the rate awarded by the tribunal is "unconscionable," "illegal," or "manifestly inadequate."

Article 142 (Supreme Court only): The Supreme Court may modify an award to "do complete justice," though this power is not available to High Courts or District Courts under Section 34.

5. The "Manifest Error" Threshold

The judgment creates a high bar for what qualifies as a "manifest error" to prevent every case from becoming an appeal:

No Merits Evaluation: A court cannot modify an award if it requires looking at the evidence again or re-interpreting the law.

Objectively Verifiable: The error must be so obvious that no two people could disagree on it (e.g., 100 + 100 written as 300).

Certainty Required: If there is any doubt or "debatable" logic behind the error, the court must not modify it. In such cases, the court should instead remand (send back) the award to the tribunal under Section 34(4).

6. Legal Reasoning: "The Greater Includes the Lesser"

The majority relied on the Latin maxim Omne majus continet in se minus (The greater contains the less).

Logic: Since Section 34 gives a court the "greater" power to set aside (destroy) an entire award, it must logically possess the "lesser" power to partially set aside or modify a specific, incorrect portion of it.

Pragmatism: The Court noted that forcing parties to start arbitration from scratch over a simple math error leads to "judicial ping-pong" and defeats the purpose of "speedy resolution."

Obtaining probate no longer mandatory for Wills

India's Parliament has passed the Repealing and Amending Bill, 2025, ending mandatory probate for wills made by Hindus and others in Mumbai, Chennai, and Kolkata, removing a colonial-era legal anomaly. The bill repeals 71 obsolete laws, modernizes inheritance rules, and promotes uniformity by eliminating religious discrimination in succession laws, enhancing ease of living.

The Repealing and Amending Act, 2025, which was passed by the Lok Sabha on December 16, 2025, and by the Rajya Sabha on December 17, 2025, marks a historic shift in Indian succession law.

Its primary impact on the Indian Succession Act, 1925, is the omission of Section 213, effectively ending the century-old "mandatory probate" rule.

1. The Change: Omission of Section 213

Under the new 2025 Act, Section 213 has been omitted to remove what the government termed "discriminatory and colonial-era" requirements.

Before the 2025 Amendment: Probate was mandatory for Hindus, Buddhists, Jains, Sikhs, and Parsis if the Will was made in (or the property was situated in) the former Presidency towns of Kolkata, Mumbai, and Chennai.

After the 2025 Amendment: Obtaining probate is no longer a mandatory legal precondition to establish a right as an executor or legatee anywhere in India, regardless of religion or geography.

2. Why was this change made?

The Union Law Minister, Arjun Ram Meghwal, highlighted several key reasons for this move:

Ending Discrimination: The old law created an unequal burden. While Christians and Muslims were largely exempt, Hindus and other communities in specific cities were forced into lengthy and expensive court processes.

Ease of Living: By removing the mandate, the government aims to reduce the "judicial footprint" on private inheritance, making the transfer of family assets faster and cheaper.

Decolonization: Section 213 was seen as a remnant of the British administrative system that prioritized court-supervised succession in major commercial hubs (Presidency towns).

Is Probate Now "Useless"?

No. While no longer mandatory, probate remains a voluntary option. You might still choose to obtain it if:

The Will is likely to be contested by other relatives.

A bank or specific government department insists on "conclusive proof" of the Will’s validity for very high-value assets.

The property is located in a jurisdiction where local land authorities still require a court order to update records (though this should gradually change as the 2025 Act is implemented).

Note on Existing Cases: The Act generally includes a "saving clause," meaning probate proceedings already pending in courts as of December 2025 will likely continue under the old rules unless the petitioner chooses to withdraw them.

#Judgement2025 : Crocs vs. Bata : Design Infringement vs. Passing Off

On November 14, 2025, the Supreme Court of India delivered a pivotal ruling in the long-standing legal battle between Crocs Inc. USA and several Indian footwear giants, including Bata India Ltd. and Liberty Shoes.  

The Court effectively handed a strategic victory to Crocs by allowing its "passing off" lawsuits—claims that competitors are imitating its distinctive shoe shape to deceive customers—to proceed to a full trial.  

 The Core Ruling :-

The Supreme Court Bench, comprising Justice Sanjay Kumar and Justice Alok Aradhe, dismissed the appeals filed by Bata and Liberty.  

The Decision: The Court refused to interfere with a July 2025 Delhi High Court order that had revived Crocs’ suits.  

The Logic: The Justices noted that the High Court had "merely restored the suits" for consideration and had not yet granted a final victory to Crocs. Therefore, there was no reason for the Supreme Court to stop the legal process at this stage.  

Status of the Case: The matter has now been sent back to a single-judge trial court to be decided on its merits, "uninfluenced" by previous observations.  

While Design Infringement and Passing Off may look similar (as both involve one company copying another), but they are governed by different laws and require different types of proof.

1. Design Infringement (Statutory Right)

This is a "fixed-term" monopoly granted by the government under the Designs Act, 2000.

Source of Right: Registration. You must apply for and receive a certificate for a "new or original" design.

Focus: It protects the aesthetic look (shape, configuration, or ornament) of the product itself.

Duration: Valid for a maximum of 15 years (10 years + 5-year extension). After this, the design enters the "public domain," and anyone can use it.

The "Crocs" Issue: Crocs' design registration for its foam clogs had expired. Bata and other companies argued that since the 15-year "monopoly" was over, they were free to copy the shape.

2. Passing Off (Common Law Right)

This is an "unlimited" right based on brand reputation, protected under the Trade Marks Act, 1999 (specifically Section 27).

Source of Right: Usage and Goodwill. You don't need a registration certificate; you need to prove the public recognizes the design as "yours."

Focus: It protects the source of the product. It prevents a competitor from deceiving a customer into thinking they are buying a "Crocs" shoe when they are actually buying a "Bata" shoe.

Duration: Technically forever, as long as the brand continues to have goodwill and reputation.

The "Crocs" Issue: Crocs argued that even if their design expired, the shape is so famous that it acts like a trademark. They claimed Bata was "passing off" their shoes as Crocs by using that specific shape.

3. The "Classical Trinity" Test

To win a Passing Off case (which is what the Supreme Court allowed Crocs to pursue), Crocs must prove three things in the trial court:

Goodwill: That the "clog shape" is so famous in India that people associate it exclusively with Crocs.

Misrepresentation: That Bata’s shoes are so similar that an average customer is likely to be confused or deceived.

Damage: That Crocs is losing money or brand value because of this confusion.

Why the Nov 14th Ruling was a "Win" for Crocs

Bata had argued that a company shouldn't be allowed to use "Passing Off" to get a permanent monopoly on a shape once the "Design" period expires. They called this "backdoor evergreening." However, by refusing to stop the case, the Supreme Court signaled that Common Law rights (Passing Off) can exist independently of Statutory rights (Designs). This means even if your patent or design expires, if your product is "iconic," you still have a weapon to fight imitators.

Launch of all-electric bus service on #Bengaluru – #Mangalore route

NueGo, India’s first electric intercity bus has launched its all-electric bus service on the Bengaluru – Mangalore route. The company  claims that its electric buses are designed to deliver a seamless blend of safety, comfort, punctuality, and sustainability. With zero tailpipe emissions, every bus undergoes 25 rigorous safety checks, including mechanical and electrical inspections, ensuring reliability throughout long-haul journeys. With a range of over 250 kilometres on a single charge, the Bangalore–Mangalore service ensures smooth, eco-friendly travel for all Guests.

Commenting on the launch, Mr. Devndra Chawla, CEO & MD of GreenCell Mobility, said, “We are delighted to strengthen NueGo’s Southern network with the addition of new intercity route. This expansion aligns with our mission of transforming bus travel in India through sustainable, technology-enabled, and guest-centric mobility solutions. With our continued route development, enhanced safety features, and upgraded in-bus amenities, we are committed to offering guests an elevated travel experience while contributing to a greener, emission-free future.”

 

Strengthening its nationwide footprint, NueGo has launched multiple new routes across North and South India, reinforcing its position as the country’s fastest-growing electric intercity travel network. With this expansion, NueGo now serves 120+ cities, offering travellers greater access to safe, sustainable, and comfortable electric mobility.

26th CABLE TV SHOW 2025 begins in Kolkata

26th CABLE TV SHOW 2025 in Kolkata, which also celebrates the 30th anniversary of its organizer, the Cable TV Equipments Traders & Manufacturers Association (CTMA) was inaugurated today.

The event is one of India's largest trade shows on digital cable television, broadband, and OTT in the SAARC region held at the Biswa Bangla Mela Prangan, Milan Mela, Kolkata, from December 17-19, 2025.

The exibition features 90 participants across 90 stalls and 46 pavilions, showcasing cutting-edge technologies and solutions to an expected 100,000 visitors.

Key figures from CTMA, including Mr. Pawan Jajodia and Mr. K.K. Binani, highlighted the show's growth and its role as a vital B2B platform for the industry.The industry currently employs 10 million people.The focus is on maintaining competitiveness and centrality to the global economy.There is an emphasis on embracing new technology with confidence.

Chinese spy ships delaying India's missile tests in the Bay of Bengal

In December 2025, India has been engaged in a "cat-and-mouse" game regarding strategic missile testing in the Bay of Bengal, repeatedly issuing and then canceling or modifying NOTAMs (Notice to Airmen) due to the presence of Chinese surveillance vessels.  

As of December 17, 2025, here is the current situation regarding the suspected long-range missile tests:

1. Repeated Cancellations and Rescheduling

Throughout early December 2025, India issued multiple NOTAMs that were subsequently withdrawn:  

December 1–4: A NOTAM for a 3,500 km range (suspected K-4 SLBM or Agni variant) was issued but canceled on November 30.  

December 6–8: A shorter-range NOTAM (approx. 1,480 km) was issued but also saw shifts in scheduling.

December 11: A new NOTAM was issued for a truncated range of 1,000 km, suggesting either a different missile or a "depressed trajectory" test to limit data collection by outsiders.  

2. The Current Window: December 17–20

Most recently, India issued a fresh NOTAM for the period of December 17–20, 2025.  

Range: This notice covers an extensive area of 3,550 km over the Bay of Bengal.  

Suspected Missile: Defense analysts believe this indicates a full-range test of the K-4 Submarine-Launched Ballistic Missile (SLBM) or an advanced Agni series missile.  

Safety Zone: The exclusion zone is one of the largest ever declared, suggesting complex maneuvers such as stage separation or MIRV (Multiple Independently Targetable Re-entry Vehicle) testing.  

3. Why the Cancellations Occur

The primary reason for the "cancel-and-reschedule" strategy is the presence of Chinese "research" ships (often referred to as spy ships) in the Indian Ocean Region.  

Vessels Spotted: Ships like the Shi Yan 6 and members of the Yuan Wang class have been active in the region.  

The Risk: These vessels carry sophisticated electronic equipment capable of tracking missile trajectories and gathering telemetry data, which would allow China to study the performance and "signature" of India's strategic deterrents.

India’s Counter: By canceling NOTAMs at the last minute and issuing new ones for different dates or ranges, the DRDO (Defence Research and Development Organisation) aims to "blind" these surveillance efforts.

4. Strategic Significance

The persistent attempt to test a 3,500 km+ range missile signals that India is nearing the final operational validation of its sea-based nuclear triad. The K-4 missile, once fully deployed on Arihant-class submarines (like the recently commissioned INS Arighat), will allow India to target significant distances from the safety of the "bastion" in the Bay of Bengal.  

In late 2025, there has been a significant surge in Chinese vessel activity in the Bay of Bengal and the wider Indian Ocean Region (IOR). While Beijing officially classifies these ships as "research vessels," Indian and international defense analysts generally refer to them as spy ships due to their sophisticated surveillance and missile-tracking capabilities.

As of December 2025, several specific ships have been flagged:

Recent Notable Vessels (Late 2025)

Shi Yan 6: In late November 2025, this geophysical research vessel was spotted south of the Andaman and Nicobar Islands. Its presence led India to postpone a planned missile test (originally set for Nov 25–27) to avoid revealing sensitive telemetry data.

Yuan Wang 5: A high-tech "space-tracking" ship was tracked entering the Indian Ocean in September 2025. This vessel is designed to monitor satellite launches and intercontinental ballistic missiles (ICBMs).

Shen Hai Yi Hao & Lan Hai 201: These survey ships have been active throughout November and December 2025, with Shen Hai Yi Hao specifically noted for operating deep-sea submersibles near the Maldives.

Strategic Concerns

The presence of these ships usually coincides with Indian missile tests or naval exercises (such as the Malabar exercise). The primary concerns for the Indian Navy include:

Data Collection: These ships use advanced sonar and sensors to map the seabed (bathymetry). This data is critical for submarine navigation and "silent" underwater travel.

Signal Intelligence (SIGINT): They can intercept electronic signals from Indian naval communications and radar systems.

Missile Telemetry: Tracking vessels like the Yuan Wang class can monitor the trajectory, speed, and accuracy of India's Agni or K-series missiles.

Stealth Tactics

In July 2025, a Chinese vessel was caught operating "covertly" roughly 120 nautical miles off India’s east coast. It had disabled its Automatic Identification System (AIS) to avoid public tracking, but it was eventually identified by French satellite intelligence through its radio frequency (RF) signature.

Note: Under international law, these vessels can operate in international waters (outside the 12-nautical-mile territorial limit). However, India maintains a "close watch" using P-8I surveillance aircraft and satellite monitoring.

National Herald case : Vendetta politics or Not?

Delhi district court refused to take cognizance of ED's complaint in National Herald case against Sonia and Rahul Gandhi after 12 years

Dr. Singhvi argued this validates Congress's position on procedural/substantive flaws.The case was originally based on Dr. Subramanian Swamy's private complaint but Delhi Police Economic Offences Wing later registered FIR to support ED investigation.

In Vijay Madanlal Choudhary vs. Union of India (2022), a three-judge bench of the Supreme Court of India upheld the constitutional validity of several key provisions of the Prevention of Money Laundering Act, 2002 (PMLA).

Dependency on Predicate Offence: Crucially, the Court clarified that if a person is acquitted or discharged in the case concerning the original (predicate) offence, the money laundering charges under PMLA can no longer be maintained.

Charges against the Gandhis : Congress party provided interest-free, collateral-free loan to Gandhis

- Gandhis allegedly failed to repay ₹90.25 crore

- Gandhis acquired 76% stake in National Herald company (Young Indian)

- Conversion of loan into equity questioned

- Corporate finance structure under scrutiny

ED Investigation Statistics and Conviction Rates

- PMLA cases June 2014 to October 2025: 6,312 total cases

- Convictions: only 120 cases

- Closure reports: 93 since 2019

- Low conviction rate highlighted

- Over 95% cases allegedly against opposition parties

India's rising energy demand discussed at 15th CII Energy Conclave in Kolkata today

The 15th CII Energy Conclave 2025 (Eastern Region) event in Kolkata today.

 A panel discussion that addressed the challenge of balancing India's increasing energy consumption with its commitment to achieving net-zero emissions by 2070.  

India's energy demand is rising with a population nearing 1.4 billion.  Thermal power accounts for 74% of actual energy production, creating significant CO2 emissions.  The discussion highlighted a two-pronged approach: meet rising energy demands and aggressively improve energy efficiency.  The panel included industry leaders from various sectors, such as Shibashish Khan, Abdul Rahman, and Praveen Paul. 

Key deliberations were led by 𝗝𝗮𝗻𝗮𝗯 𝗠𝗱. 𝗚𝗵𝘂𝗹𝗮𝗺 𝗥𝗮𝗯𝗯𝗮𝗻𝗶,  𝗠𝗶𝗻𝗶𝘀𝘁𝗲𝗿-𝗶𝗻-𝗖𝗵𝗮𝗿𝗴𝗲, Department of Non-Conventional and Renewable Energy Sources, Government of West Bengal;  𝗕𝗮𝗿𝘂𝗻 𝗞𝘂𝗺𝗮𝗿 𝗥𝗮𝘆, 𝗜𝗔𝗦, Additional Chief Secretary; and Dr Andrew Fleming, British Deputy High Commissioner to Kolkata.

The conclave also saw the release of the CII–Consultivo ENCON Compendium 2025, featuring 20 outstanding energy-efficiency practices.

NBCC (India) wins Rs. 500cr Township development project in Jharkhand

NBCC (India) has been awarded a Rs 498.3 crore project management consultancy (PMC) contract by Damodar Valley Corporation (DVC).

The contract is for developing the Integrated Township at Chandrapura Thermal Power Station in Jharkhand. The contract entails end-to-end project management, including planning, design supervision, and execution oversight of the township project. NBCC, a domestic entity, will execute the order in compliance with timelines and regulatory standards. The contract does not constitute a related party transaction. NBCC (India) is in business and operates in three major segments, namely project management consultancy, real estate, and engineering procurement & construction. The company's consolidated net profit advanced 25.21% to Rs 156.68 crore on a 18.99% rise in revenue from operations to Rs 2,910.19 crore in Q2 FY26 over Q2 FY25. 

Aditya Birla Jewellery opens its second store in Bengaluru

Indriya, Aditya Birla Jewellery, announces its expansion in Karnataka with the launch of its second store in Bengaluru, located in the culturally rich and historic neighbourhood of Malleswaram. One of Bengaluru’s oldest and most cherished localities, Malleswaram is known for its heritage, ancient temples, and vibrant marketplaces that have long celebrated artisanal craftsmanship and fine gold jewellery. As a hub of the city’s cultural and commercial life, Malleswaram resonates deeply with art and culture lovers who value heritage and craftsmanship in every piece they adorn.

Located in Sampige Road, Malleswaram, the Indriya store will feature thoughtfully curated zones, including a dedicated karigari space and an expansive collection showcasing over 28,000 exquisitely crafted designs. This launch offers the perfect blend of artistry and modern expression, celebrating the intrinsic link that Malleswaram and by extension, Bengaluru holds with jewellery as a symbol of tradition, prosperity, and beauty.
This significant milestone increases Indriya’s footprint to 38 stores nationwide. The brand’s presence includes six outlets in Delhi; four each in Mumbai and Hyderabad; three in Pune; two stores each in Ahmedabad, Jaipur, Patna, and Bangalore; and one store in key cities such as Indore, Jodhpur, Surat, Vijayawada, Bhubaneswar, Lucknow, Prayagraj, Kanpur, Agra, Gaya, Jammu, Chhatrapati Sambhajinagar and Chandigarh. This growth reflects Indriya’s dedication to bringing fine craftsmanship and timeless jewellery to customers across India.
Mr. Sandeep Kohli, CEO, Indriya, said, “We believe Karnataka has always been a significant market for Indriya, and the wonderful response to our first store in the state has been incredibly encouraging. With the launch of our second store in Bengaluru, we are thrilled to strengthen our presence and bring Indriya's legacy of artistic craftsmanship deeper into South India. Our collection is designed to resonate with this city's unique spirit, seamlessly blending rich heritage with contemporary style, making them a perfect choice for today's jewellery enthusiasts. This launch will strengthen our presence in this dynamic market, ensuring customers have easy access to our exquisite collections and a superior shopping experience.”
The trusted legacy of the Aditya Birla Group continues to grow in Karnataka with the opening of Indriya’s second store in Bangalore.