Supreme Court resumes hearing in the Tata Sons v Cyrus Mistry case.

Day 4 of the arguments.

Mistry's counsel C A Sundaram, Senior Advocate, making submissions.

CJI tells : I discovered during the weekend that my son, who is practicing in Bombay, has been appearing for 2 years for a subsidiary of Shapoorji Pallonji Group in a matter related to slum rehabilitation.

I must disclose this to you all.

#TataSons
Salve : I think I also have appeared in that matter. I have no objection.

CJI : So can we record no objection.

Salve : Yes.

#TataSons #CyrusMistry
CJI records in the order that parties have no objection to this bench hearing the matter.
#TataSons #CyrusMistry
CJI : This might otherwise create problems later on.

C A Sundaram : Most young lawyers appear for companies of Tata group or SPG.
In England, there have been instances where sons have appeared before their fathers.

CJI : Justice P N Bhagwati has done that.
Sundaram refers to precedents regarding oppression and mismanagement.
#TataSons #SupremeCourt
Sundaram : The purpose of Article 121 provides a majority of 40% of shareholders is mandatory which is not happening in the present case. There is no majority.
#TataSons #SupremeCourt #CyrusMistry

@tatatrusts
@TataCompanies
Sundaram referring to Articles of Association.

#TataSons #SupremeCourt #CyrusMistry

@tatatrusts
@TataCompanies
CJI : What is the difference of age between Ratan Tata and Cyrus Mistry?

Sundaram : 28 years. Cyrus Mistry is 52 and Rata Tata is 81.

@RNTata2000
#TataSons #SupremeCourt #CyrusMistry
CJI and Adv. Sundaran are now discussing on the association between Tata Motors and Uber

#TataSons #SupremeCourt #CyrusMistry
CJI: If you are doing a deal with Uber then that's fine but i hope that the deal gets concluded. Is there anything negative about it?
#TataSons #SupremeCourt #CyrusMistry
Singhvi : Tatas had to use these Tata vehicles for taxis. The deal was done with Uber and not Ola. Ratan Tata happens to own some personal shares in Ola which is why Sundaram is suggesting that he has some interest in Ola.

"It was in personal capacity", he adds
#TataSons
Apropos Sundaram's submissions regarding interference by Tata Trust in the company, CJI Bobde observes :

"Our experience of private companies is that there is a 'pater familias' figure acting like a head of family, asking for information from others"

#TataSons #CyrusMistry
'This is true for Tatas, Birlas etc. This might be happening with the SPG group of companies too', CJI says in lighter vein.

'What is wrong in the head of family asking for information in a family run company?', CJI asks.

#TataSons #CyrusMistry
Sundaram says Tata Sons is a company with thousands of shareholders.
If the company was meant to be family run, it should have remained that way and should not have gone public, Sundaram adds.

#TataSons #CyrusMistry
Sundaram: There has to be some kind of consultation. Otherwise there will be chaos with these kinds of intrusions. The company cannot function in this fashion.

#TataSons #CyrusMistry
Sundaram : Pater familias can be informed about the happenings. No problem with that. The problem is when they claim that they have absolute right to run the company under the Articles.
#TataSons #CyrusMistry
Sundaram : You cannot use the Articles in a manner where you say that you have an absolute right over the affairs.

#TataSons #CyrusMistry
The bench rises for the day. Hearings will continue tomorrow.

CJI to lawyers : Like today, we will sit at 11.30 AM tomorrow. In case if we finish the board by 12.30, you can start by then.. so that the time lost today can be made up.

#TataSons #CyrusMistry

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You can see who gave evidence in her support from these extracts from the Tavistock's Skeleton Argument.


Helpful for you to bear in mind that her solicitor was a man called Paul Conrathe, who has a long association with the religious right in the US (I have talked about him a number of times but this is as good a starting point as any).


I am not going to address here other criticisms that might be made of the form in which that evidence was given or the timing of its service before the court. I am just going to address, in alphabetical order, the individuals whose evidence Mr Conrathe led on Ms Bell's behalf.

The first witness, alphabetically, was Associate Professor of Sociology at the University of Oxford, Michael Biggs.

Mr Biggs was exposed for posting transphobic statements online under a fake twitter handle: @MrHenryWimbush according to this report.
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law stuff & will know what they can & can't consider. For instance, there is a long-held rule that a fact witness can't make legal arguments, only a lawyer. So what will happen in a motion for summary judgment, where the entire proceeding is on paper, will play out like this:

1) Defendant makes a motion for summary judgment. It includes a sworn declaration from some fact witness.

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Assalam Alaiki dear Sister in Islam. I hope this meets you well. Hope you are keeping safe in this pandemic. May Allah preserve you and your beloved family. I would like to address the misconception and misinterpretation in your thread. Please peruse the THREAD below.


1. First off, a disclaimer. Should you feel hurt by my words in the course of the thread, then forgive me. It’s from me and not from Islam. And I probably have to improve on my delivery. And I may not quote you verbatim, but the intended meaning would be there. Thank You!

2. Standing on Imam Shafii’s quote: “And I never debated anyone but that I did not mind whether Allah clarified the truth on my tongue or his tongue” or “I never once debated anyone hoping to win the debate; rather I always wished that the truth would come from his side.”

3. Okay, into the meat (my love for meat is showing. Lol) of the thread. Even though you didn’t mention the verse that permitted polygamy, everyone knows the verse you were talking about (Q4:3).


4. Your reasons for the revelation of the verse are strange. The first time I came across such. I had to quickly consult the books on the exegeses or tafsir of the Quran written by renowned specialists!