BC LAW
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TATA v MISTRY

Hearing to resume today in Supreme Court. Senior Advocate CA Sundaram to continue arguments on behalf of Shapoorji Pallonji firms.

Follow this thread for live updates from court.

@tatatrusts @TataCompanies

#SupremeCourt #tatamistry

 TATA v MISTRY

Bench headed by Chief Justice of India SA Bobde assembles.

Hearing commences.

@tatatrusts @TataCompanies
TATA v MISTRY

CJI SA Bobde announces that over the weekend he discovered his son who is practicing in Mumbai has been appearing for the last 2 years in a slum rehabilitation matter for a subsidiary company of Shapoorji Pallonji group.

@tatatrusts
TATA v MISTRY

CJI asks whether Harish Salve, Dr Singhvi or CA Sundaram has any objections to CJI hearing the matter.

None of them object. The same is recorded by the Court.

Hearing continues.

#SupremeCourt
TATA v MISTRY

CJI says such issues could cause potential problems in future.

Sundaram continues with his arguments.

@tatatrusts @TataCompanies
TATA v MISTRY

Sundaram citing Articles of Tata Sons to show the supremacy of the Board.

Article 121A was introduced to ensure that certain matters had to necessarily have Board approval.

#SupremeCourt #TataSons
TATA v MISTRY

SP group also voted in favour of A 121 due to the relationship of trust they had with Tata Sons.

SP group could not have conceived that the article would be used against them: Sundaram.

#tatasons #SupremeCourt
TATA v MISTRY

Discussion on interest that Ratan Tata had in Ola/ Uber

Sundaram says he had a personal interest in Ola

CJI Bobde: Does it mean he had business interest

Dr. Singhvi says he wanted to have Tata cars used in Ola and Uber and not just Ola as suggested by Mistry
TATA v MISTRY

CJI Bobde: Mr. Sundaram, you must bear in mind that this is a private company. Our experience with such companies is that they have heads of families controlling, giving directions etc. Birlas, Tata all have such structures.

Your SP Group might also have it.
TATA v MISTRY

CJI Bobde: What is wrong in head of family wanting information or wanting to control decisions.

@tatatrusts
@TataCompanies
TATA v MISTRY

Sundaram: This company owns many listed companies running to 65 lakh crores with public shareholders. So there should be some kind of independence in decision making.

If they wanted to keep a family affair, they should have remained so instead of making it public
TATA v. MISTRY

A public charitable trust cannot legally run such companies. That is why it needs it be "board run": CA Sundaram.

@tatatrusts @TataCompanies

#SupremeCourt
TATA v MISTRY

They cannot use the Articles to claim that they have absolute right over affairs of the company: CA Sundaram

Bench rises. Hearing to continue tomorrow.

@tatatrusts

#TataSons #SupremeCourt
TATA v Mistry: What is wrong in head of family wanting a say in the company's affairs?: Supreme Court asks [LIVE UPDATES]

#TataSons @tatatrusts @TataCompanies @RNTata2000
#cyrusmistry
https://t.co/gMD5CxzO66

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"Is our judiciary delivering on its role as a sentinel on the qui vive in these changing times?"

Former CJI MN Venkatchaliah to deliver lecture shortly as part of Moneylife Foundation’s 3rd Annual RTI Lecture.

@MoneylifeF


The talk will be followed by a panel discussion with Former Supreme Court Judge, Justice AK Sikri and Senior Advocate Indira Jaising.

The session will be presided by TS Krishnamurthy, Former Chief Election Commissioner and Trustee Moneylife Foundation

@IJaising
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Event begins. Sucheta Dalal renders the introductory address.

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"I have never seen a more humble person than Justice Venkatchaliah", he adds as part of his introductory remarks.


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TATA v MISTRY [Day 6]

Hearing to resume before Supreme Court in a short while from now.

@tatatrusts
@TataCompanies

#SupremeCourt


TATA v MISTRY

Senior counsel Shyam Divan begins arguments on behalf of Shapoorji Pallonji group.

@tatatrusts @TataCompanies


TATA v MISTRY

This case is about corporate governance. We have moved from corporate democracy to a much richer corporate governance under the amended Companies Act: Divan

@tatatrusts

TATA v MISTRY

The management of company is the board. The most crucial obligation imposed on Director now is that the director is a fiduciary. A fiduciary's allegiance is to the company alone: Divan

#SupremeCourt #tatasons

TATA v MISTRY

Lack of probity is much broader than financial irregularities.

The long relationship between the two groups developed over decades. It developed in the context of a statutory framework which restricted the role of private trust: Divan.
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#BombayHighCourt begins hearing the plea of Sunaina Holey accused of making objectionable statements against Maharastra Chief Minister Uddhav Thackeray and Cabinet Minister Aaditya Thackeray.

@SunainaHoley
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@AUThackeray
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Adv. Abhinav Chandrachud answers the query of the court asking the parties to present the stand of other democratic countries on the statements made on WhatsApp or Twitter.

Chandrachud relied upon judgments of US Courts to submit that when similar statments against the government were made, a US court took a stand that the statement needs to be rectified and not arrested.

Chandrachud relied upon the judgment of the Supreme Court in the matter of Amish Devgan wherein the court observed that if it is a prominent person like a news channel anchor or a public figure, they have to observe higher amount of responsibility before making statement.

Chandrachud: My client (@SunainaHoley ) is not a public figure and hence her statements if incorrect can be rectified by the concerned authority. She need not be arrested.
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#BombayHighCourt is hearing the default bail application filed by Gautam Navlakha, accused in the #BhimaKoregaon case.

Bench of Justices SS Shinde and MS Karnik are hearing the plea.


Senior Advocate Kapil Sibal submits that this is a simple matter of bail to be decided on facts.

He claims that Navlakha was in custody for more than 90 days. He was under house arrest for some time before being taken into judicial custody.

Sibal submitted that Navlakha had surrendered on April 14 and spent 93 days in custody. He spent 34 days in custody before remand order of Magistrate.

Sibal points out that the nature of custody may have changed but it was arrest nonetheless and for this reason, he should be granted bail.

Additional Solicitor General SV Raju appearing for the NIA begins his submission.

He points out that the police had only arrested him and had not taken custody.
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CJI SA bobde led bench hears a plea seeking removal of anomalies in grounds of maintenance, alimony & divorce and to make them uniform for all citizens without discrimination on the basis of religion, race, cast, sex or place of birth
#SupremeCourt
@AshwiniBJP


Hearing begins

Senior Adv Pinky Anand appears for petitioner

CJI: you are appearing for the petitioner

Anand: yes (laughs)

CJI: You want personal laws to be abolished. You are not saying it but thats what will he done.

Anand: in Sarlat Mudgal case, govt had to take steps for the Uniform Civil Code

CJI: how can we encroach on personal laws like this?

CJI: How can we remove discriminatory practices without interfering in personal laws

Senior Adv Pinky Anand: In Shayara Bano you did it. Under Article 146 you had said directions given will exist till law was brought in. You have intervened in the past
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Adv. Abhinav Chandrachud answers the query of the court asking the parties to present the stand of other democratic countries on the statements made on WhatsApp or Twitter.

Chandrachud relied upon judgments of US Courts to submit that when similar statments against the government were made, a US court took a stand that the statement needs to be rectified and not arrested.

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Chandrachud: My client (@SunainaHoley ) is not a public figure and hence her statements if incorrect can be rectified by the concerned authority. She need not be arrested.
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The SNP versus the Law

The SNP is in trouble. They know it and we know it. It’s almost certain that Nicola Sturgeon will need to resign for lying to Holyrood

This explains the frantic calls for another referendum

Brexit is done and the sky didn’t fall in

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This removes their number one Bête Noire. A Disastrous hard Brexit

They were banking on that happening. There will be, and are, difficulties with the new trading arrangements but these will play out over years and will be sorted one way or another

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The Law

As it stands, the SNP cannot call another referendum without the permission of the UK Parliament

Some people dispute this, including many in the SNP

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The could call a non binding non legal referendum but what’s the point

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boycott it and non SNP councils will refuse to participate

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