BC LAW
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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
@OfficeofUT
@AUThackeray
@CMOMaharashtra
@MumbaiPolice

 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.
Chandrachud submits the Supreme Court while considering the Shreya Singhal case had considered if any public disorder has been caused by the words if the accused in that case.

Chandrachud: in the present case there is no public disorder caused by the objected tweets.
Court: What does she do? Professionally?

Chandrachud: She is a consultant, advises companies. She is an MBA graduate.

I understood when you milords asked me the question. She is not a leader of any opposition party, or any other political organisation.
Senior Counsel Manoj Mohite appearing for State interjects: She is a professional tweeter, I can prove it.

Chandrachud: Milords her twitter bio space mentions that she is a follower of RSS, and some otber things, but that does not mean she is a leader.
Chandrachud: There are many such followers on Twitter, they are not all leaders.
Chandrachud referring to another Supreme Court judgment says: The words must be judged by the claim of its matural meaning, cannot interpret words too much.

There could be many interpretations of a verse written by a poet.
Justice SS Shinde hearing the plea points out that the Supreme Court had refused to quash FIRs filed against him and had refused to accept the similar arguments made therein.
https://t.co/VBdiWPh7A7
Chandrachud: Yes Milord. Infact they considered Devgan's apology as an admission of guilt.
The fact that he had apologised meant that he was guilty of usung a derogatory term for a Sufi saint.
Chandrachud reads a judgment of the US Supreme Court discussing the difference between incitement and advocacy and how both have to be dealt with differently.

Chandrachud: Merely advocating an opinion is not inciting the public.
Chandrachud asks the court if he can continue as it is almosy 5.30 pm.

Court asks him to continue tomorrow as there is a meeting now.
Matter to be heard tomorrow at 4.15 pm.
Hearing ends.

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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.
COURT
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@barandbench
#BombayHighCourt begins hearing the plea filed by Kangana Ranaut and her sister Rangoli Chandel challenging the summons and FIR accusing them of sedition.

@KanganaTeam
@MumbaiPolice


Bench of Justices SS Shinde and Manish Pitale hearing the plea are informed that Ranaut had attended the Andheri Police station as directed in the previous order.

Chief PP Deepak Thakare requests the court to direct her to appear for three more days as the investigation is ongoing.

Since Adv Rizwan Siddique appearing for Ranaut and her sister is not present the Court keeps back the matter in the afternoon session.

Siddique comes and Court asks him if he is ready to go on with the matter for final disposal.
INDIA
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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
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@barandbench
#BombayHighCourt begins hearing the plea of Lawyers Collective challenging the summons issued by ED for appearance of Sr Adv Anand Grover before them in the capacity of the trustee of the NGO.

@LCHIVWRI
@IJaising
@dir_ed


Bench of Justices SS Shinde and MS Karnik ask ASG Anil Singh where the other Sr Advs are.

ASG: Milords had this been physical hearing, I would have located them, it is difficult during virtual hearing.

All Laugh.

Court states that the officers of ED are willing to come to Mumbai to carry out interrogation and they can proceed with the interrogation subject to the outcome of the plea.

Sr Adv Amit Desai asks the court to note certain facts from the plea.

Desai submits that ED has claimed they do not have certain documents with them. We have submitted those records, these are public records, but we will provide them with whatever additional documents they want.

Desai: So I am submitting that those documents can be sent to the ED, they can go through the documents and then take further course of action.
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Bar & Bench
@barandbench
"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
@MoneylifeF

Event begins. Sucheta Dalal renders the introductory address.

@suchetadalal

TS Krishnamurthy welcomes the gathering

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


Former Chief Justice of India MN Venkatchaliah begins his lecture on "Is our judiciary delivering on its role as a sentinel on the qui vive in these changing times?'

@MoneylifeIndia
LAW

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A Call for Help!
1. we have a petition/open letter for the WHO
https://t.co/Bie8pUy7WJ
2. 372 people signed it but we want to boost it
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Tks @KevinMcH3 for the tip
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6. Links for YT videos with comments are here
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Charlie Munger on Delayed Gratification:

I've also got the money-sense gene. The first 13 years I practiced law, my income from practicing law was $300,000 total.

At the end of that 13 years, what did I have?

1/


A house. Two cars. And $300,000 of liquid assets. Everyone else'd have spent that slender income, not invested it shrewdly, and so forth.

I just think it was, to me, it was as natural as breathing, and of course I knew how compound interest worked!

2/

I knew when I saved $10 I was really saving $100 or $1,000 ,because of the future growth of the $10.

It just took a little wait. And when I quit law practice it was because I wanted to work for myself instead of my clients, because I knew I could do better than they did.

3/

You only get a few opportunities, and you have to grab them aggressively when they come because even in the most favored life, they're really rare.

I always feel that the opportunities are rare. I only get a few and then I have to seize them aggressively.

4/

Now that lesson I just talked about, it is taught in no business school I know of. But…everybody who has any sense ought to know [that] at the start of life, and practically nobody does.

I just described reality the way it really is.

5/
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Thread: This is Exhibit #19 in the MI case filed by @SidneyPowell1.
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You can find all the affidavits

I don’t see how a court could ignore this evidence. Only corruption would explain ignoring it.

The affiant is an acknowledged expert in cyber security.


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forwomen.scot
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Back in the mists of time, we suggested that the proposed Scottish Hate Crime bill might be used as a stick to beat women who wanted to discuss the GRA, sex-based rights, & welfare of gender confused children.

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Today, we saw two proposed amendments to the hate crime bill with regard to #FreeSpeech in relation to transgender identity.

A general one from @humzayousaf & one from @liamkerrmsp which covers many of the topics women feared might result in prosecution - thank you!


If anyone had doubts that the extremists of gender ideology did not intend to use this legislation as a means to silence and intimidate, the frothing indignation of anti-woman activists who might be prevented from filing hourly hate crime reports, surely laid this to rest.

Naturally, Scottish Green Party were quick to charge into the fray. Emz Cuthbertson, co-convener of SGP women & Rainbow Greens, was in no way hyperbolic in referring to it as a "transphobes charter", with Dr Kevin finding the idea of not being able to shut women up "terrifying".


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effenen donkerder
effenen donkerder
@EffenenD
Reeeeeeeeeeeeeeeeeee

If you are one of those conservatives right now saying "we will not #Resist, we're better than the left" then FUCK YOU

YOU are the reason we're here right now

Anyone not declaring total war on this joke of an administration is beyond saving

1/


For the last four years these animals have weaponized the courts, the media, their bolshevik shock troops and generally made life nightmarish for anyone who opposed them

They committed to their ideology and realised that THIS IS NOT A GAME

2/

You are facing an enemy that is stronger, has greater reach, limitless resources and excels at propaganda

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