@RNTata2000 @TataCompanies
TATA Sons v Cyrus Mistry
Supreme Court bench led by Chief Justice of India assembles to hear the appeals filed by Tata Sons Pvt Ltd against the NCLAT direction to reinstate Cyrus Mistry as Company Chairman.
#TatasCyrusMistryDispute
CJI : Was it a public limited company?
Salve : Never. It has always been a private company.
#TataSons
#CyrusMistry
#TataSons
#CyrusMistry
#TataSons
#CyrusMistry
Salve : Yes. It is an unusual Article. At interim stage, we undertook not to invoke it against #CyrusMistry.
#TataSons
#SupremeCourt
#TataSons
#CyrusMistry
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#SupremeCourt @tatatrusts
@TataCompanies
#TataSons
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Salve : They do. If they have reasons to do so.
#TataSons
#CyrusMistry
#TataSons
#CyrusMistry
CJI : This happens in corporate world also?
Salve : In fact, this was invented by the corporate world and spread to other fields.
#TataSons
#CyrusMistry
@TataCompanies @RNTata2000
#TataSons
#CyrusMistry
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The NCLAT order now means that the minority in the rule removing the majority.
#TataSons
#CyrusMistry
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Salve : Yes.
#TataSons
#CyrusMistry
#TataSons
#CyrusMistry
The bench rises. Arguments will resume at 2.15 PM.
#TataSons
#CyrusMistry
Salve agrees.
#TataSons #CyrusMistry #SupremeCourt
#TataSons #CyrusMistry #SupremeCourt
#TataSons #CyrusMistry #SupremeCourt
#TataSons #CyrusMistry #SupremeCourt
#TataSons #CyrusMistry
CJI : So you are saying if there is a strategy which did not work, it will not be mismanagement?
#TataSons #CyrusMistry #SupremeCourt
#TataSons #CyrusMistry #SupremeCourt
1. There is prejudice, oppression etc, AND
2. The facts would justify the making of a winding up order.
#TataSons #CyrusMistry #SupremeCourt
#TataSons #CyrusMistry #SupremeCourt
#TataSons #CyrusMistry #SupremeCourt
CJI : This is like that of a successful Senior Advocate. The successful lose more cases.
#TataSons #CyrusMistry #SupremeCourt
#TataSons #CyrusMistry #SupremeCourt
Salve (laughing) : That is what we tell our clients. Mr Ramaswamy used to say, when a case is lost in first instance, client will be told that he has won a right to appeal.
The Tribunal has no power to rewrite the Articles of Association.
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
CJI : Precisely. We do not see any power for the Tribunal to select Chairman.
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
Salve : Virtually, yes.
#TataSons #SupremeCourt #CyrusMistry
CJI : It is like appointing a Commissioner.
Salve : Yes
#TataSons #SupremeCourt #CyrusMistry
Salve : Generally, yes. Tribunal cannot say so and so will be the Director.
#TataSons #SupremeCourt #CyrusMistry
Parliament has now decided that this condition should be there in the 2013 Act.
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
.#TataSons #SupremeCourt #CyrusMistry
Salve : Every one gets affected the same. I am losing 68 Rupees for every 100 rs lost by the company.
CJI : So everybody has lost money including the majority.
#TataSons #SupremeCourt
Salve : That is our submission.
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
Salve : There is one more element- that of lack of probity.
#TataSons #SupremeCourt #CyrusMistry
CJI : The judge needs to see if the situation is not remediable due to lack of probity.
Salve : That is right.
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
Salve : We (Tata Sons) are miles away from that.
CJI : Because you have done so well.
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
Salve : I will take at least one hour more.
#TataSons #SupremeCourt #CyrusMistry
#TataSons #SupremeCourt #CyrusMistry
More from Live Law
More from Court
Spoiler: it makes uncomfortable reading for the Attorney General.
There will be no substantive change to the sentences passed on the killers of Pc Andrew Harper.
— The Secret Barrister (@BarristerSecret) December 16, 2020
The Attorney General\u2019s application to refer the sentences as unduly lenient and the defence applications for leave to appeal against sentence have been refused by the Court of Appeal. https://t.co/qxTzuj7jR3
First, by way of background. I was one of several commentators astonished that the Attorney General, who has no known experience of practising criminal law, decided to personally present this serious case at the Court of Appeal.
It appeared an overtly political decision.
Grimly cynical.
— The Secret Barrister (@BarristerSecret) November 12, 2020
The Attorney General - who has absolutely no experience of criminal law - is so desperate to exploit this tragic case that she is inserting herself into proceedings that she is not competent to conduct.https://t.co/QWdINvUwwf
Comments leaked to the press confirmed this was a political decision, to capitalise on a tragic case in the headlines.
A “friend” of the Attorney General told the Express that she was pursuing the case *against* legal advice. She also took a preemptive pop at the judges.
Before the hearing, the Attorney General leaked to the Daily Express, via an alleged \u201cfriend\u201d, her views that, should the judges find against her, it will be because they are \u201cwet liberal judges\u201d who are \u201csoft on criminals\u201d. https://t.co/5uGggN8tTT
— The Secret Barrister (@BarristerSecret) November 30, 2020
On the day of the hearing, it appeared from selected reports that the AG was out of her depth. She appeared to be making political submissions to the Court of Appeal that have no place in a case of this type.
The Attorney General had to be embarrassingly corrected during the hearing by an actual criminal silk after making irrelevant and politicised submissions to the Court of Appeal.
— The Secret Barrister (@BarristerSecret) November 30, 2020
What a farce. pic.twitter.com/wy81xoFIDI
The Court of Appeal judgment helps understand what happened.
The AG played a limited role. She “rehearsed some of the facts and said that the sentences had caused widespread public concern”
Her contribution was seemingly not considered by the Court to be legal submissions. Oof.
Yes, it is a lovely meme. I'm glad you agree🍇
But he doesn't know who to attack.
Go after the weird Purp guy, or go after Mimosa Mariah?
And now he locked because he's a coward.
I'll remind Nicholas Lee of the advise he gave Zen. Locking on https://t.co/9HFtgB72RQ doesn't accomplish anything.
Delete your account 🍇
.@econbrkfst did I mention delete your account yet?
Here's an archive of nearly 3,000 @econbrkfst
.@FBI pls investigate the 3.07 violations, donations & defamation/slander..
Totally agree about @FBI
— LongTime\U0001f913FirstTime\U0001f469\u200d\U0001f4bb (@LongTimeAmy) May 1, 2020
What #AlexJones says on #Infowars doesn't just stay on the internet. It incites violence IRL!
See how former InfoWars guest host, Owen Benjamin, parrots Alex Jones rhetoric on premeditated murder!?!https://t.co/U1HiqGg7XU
2/I am aware that such coercion & perception has had real impact on my children’s lives & these cases Alex files against me.
Alex’s counsel has threatened me “accidentally” & tells my representation & others lies to coerce them to stay on team good-ol-boy$.
3/Why doesn’t the Court protect my kids? I filed a Temporary Restraining Order before the Thanksgiving that any judge should immediately grant: #AlexJones publicly intoxicated/getting wasted while he is enjoined (disallowed to) drink while he has my kids. The Court must fear him
4/No judge may be persuaded by coercion or benefits of ruling the way their main donors demand. No litigant can coerce judges or witnesses. Witness tampering very clear, documented by probative evidence as fraud in Alex’s lawsuits against me. .@fbi investigate pls
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This New York Times feature shows China with a Gini Index of less than 30, which would make it more equal than Canada, France, or the Netherlands. https://t.co/g3Sv6DZTDE
That's weird. Income inequality in China is legendary.
Let's check this number.
2/The New York Times cites the World Bank's recent report, "Fair Progress? Economic Mobility across Generations Around the World".
The report is available here:
3/The World Bank report has a graph in which it appears to show the same value for China's Gini - under 0.3.
The graph cites the World Development Indicators as its source for the income inequality data.
4/The World Development Indicators are available at the World Bank's website.
Here's the Gini index: https://t.co/MvylQzpX6A
It looks as if the latest estimate for China's Gini is 42.2.
That estimate is from 2012.
5/A Gini of 42.2 would put China in the same neighborhood as the U.S., whose Gini was estimated at 41 in 2013.
I can't find the <30 number anywhere. The only other estimate in the tables for China is from 2008, when it was estimated at 42.8.