Senior counsel Shyam Divan begins arguments on behalf of Shapoorji Pallonji group.
@tatatrusts @TataCompanies
TATA v MISTRY [Day 6]
Hearing to resume before Supreme Court in a short while from now.
@tatatrusts
@TataCompanies
#SupremeCourt
Senior counsel Shyam Divan begins arguments on behalf of Shapoorji Pallonji group.
@tatatrusts @TataCompanies
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
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
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.
There was a beach of articles in the removal of Cyrus Mistry: Divan
#tatasons #tatamistry
Management has to be by the board as per the articles and the statute.
Termination of managing director has to be by a resolution. The same process as is followed for appointment has to be followed: Divan
Section 166 is very very important. It lays down duties of Directors.
If you are torn between allegiance to company and allegiance to something else, then you cannot act as a Director: Divan.
Director cannot abdicate or yield on his/her independent judgment. Director may consult or take advice but has to act independently and cannot be compelled or coerced: Divan
Two directors had praised Mistry for his performance as Executive Chairperson four months before his removal. Those two directors did not even file their response explaining their conduct: Divan.
#tatavmisrty #tata #mistry
Supreme Court says it is intending to make certain observations on the procedure to be followed by tribunals. This was in the context of whether plea before NCLAT should have been amended by way of amendment applications or additional affidavits.
@tatatrusts
The selection of Tata Sons chairperson is crucial. It affects so many companies and stakeholders across countries and continents: Divan
#SupremeCourt #tatasons #mistry
Ratan Tata is not subject to the discipline under Section 166 of the Companies Act. He ceased of be board member in December 2012 and did not attended a single board meeting till October 2016: Divan
Shyam Divan reading case laws on corporate governance and fiduciary duties of Director stating how the Companies Act moved from corporate majority to corporate governance.
Divan says TATA Trusts could not vote on its own shares between 1964 and 2000 due to statutory restrictions and it was a public trustee appointed by Central government who could vote on your shares: Divan
That was when Shapoorji Pallonji because of their relationship with Tata became a reliable partner who could vote and that is why Tata sold their shares to SPG. This continued till public trustee mandate was done away with in 2000 and Tata Trusts could vote : Divan
Divan giving history of Shapoorji Pallonji group's relationship with TATA group and how various SP group persons served on board of various Tata group companies.
The relationship is 5 decades old of which 4 was during public trustee regime: Divan
@TataCompanies
The relationship was of one utmost trust and good faith. The only thing we asked for was a place on the board which is recognised under Companies Act of 2013: Divan
Hence, the removal of Mistry was illegal, oppressive and against good faith and trust which Tata and Shapoorji Pallonji group shared: Divan
@tatatrusts
@TataCompanies
#SupremeCourt #tatasons
Bench rises for the day. Hearing to continue tomorrow.
#SupremeCourt #tatasons
@tatatrusts @TataCompanies @RNTata2000
More from Bar & Bench
More from Court
1/It seems apparent that the rulings in my case & was the Travis judiciary has allowed/ignored us related to the fear/coercion of #AlexJones and of his audience and employees who harassJudges & jurors.
.@FBI pls investigate the 3.07 violations, donations & defamation/slander..
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$.
3/Why doesn’t the Court protect my kids? I filed a Temporary Restraining Order before the Thanksgiving that any judge should immediately grant: #AlexJones publicly intoxicated/getting wasted while he is enjoined (disallowed to) drink while he has my kids. The Court must fear him
4/No judge may be persuaded by coercion or benefits of ruling the way their main donors demand. No litigant can coerce judges or witnesses. Witness tampering very clear, documented by probative evidence as fraud in Alex’s lawsuits against me. .@fbi investigate pls
.@FBI pls investigate the 3.07 violations, donations & defamation/slander..
Totally agree about @FBI
— LongTime\U0001f913FirstTime\U0001f469\u200d\U0001f4bb (@LongTimeAmy) May 1, 2020
What #AlexJones says on #Infowars doesn't just stay on the internet. It incites violence IRL!
See how former InfoWars guest host, Owen Benjamin, parrots Alex Jones rhetoric on premeditated murder!?!https://t.co/U1HiqGg7XU
2/I am aware that such coercion & perception has had real impact on my children’s lives & these cases Alex files against me.
Alex’s counsel has threatened me “accidentally” & tells my representation & others lies to coerce them to stay on team good-ol-boy$.
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
so @tedwheeler did you hear? today we are discussing "public whippings" thanks to @JamesBuchal
its a great chance to study the history of public beatings.
understandably, women feel threatened. https://t.co/jck05JGM4B
#PDX #tourism
FIRST OREGON WIFE-BEATER TO RECEIVE WHIPPING POST PUNISHMENT
https://t.co/3SJOODbuLf
PORTLAND. Or., June 7—The whipping post law passed at the last session of the Legislature was Into execution for the first time today, the victim being Charles Mcdlnty, convicted of wlfe-beatlng
whip was a braided blacksnake, made of rawhide, with four lashes. ..hustled to jail, stripped to the
waist, manacled, and his hands tied to the door high above his head. The whipping was as severe as the powerful deputy was capable of administering. Blood drawn on the 4th blow.
its a great chance to study the history of public beatings.
understandably, women feel threatened. https://t.co/jck05JGM4B
#PDX #tourism
@MultCoDA https://t.co/GgR1rCGIdG @OregonStateBar @BrentWeisberg @USAO_OR
— braingarbage (@braingarbage) November 28, 2020
Even if this is a "joke" or a drunk tweet, it appears that he is inciting gender-based violence on a woman via Twitter@twittersupport pic.twitter.com/TcaBiQ2wvU
FIRST OREGON WIFE-BEATER TO RECEIVE WHIPPING POST PUNISHMENT
https://t.co/3SJOODbuLf
PORTLAND. Or., June 7—The whipping post law passed at the last session of the Legislature was Into execution for the first time today, the victim being Charles Mcdlnty, convicted of wlfe-beatlng
whip was a braided blacksnake, made of rawhide, with four lashes. ..hustled to jail, stripped to the
waist, manacled, and his hands tied to the door high above his head. The whipping was as severe as the powerful deputy was capable of administering. Blood drawn on the 4th blow.
1) God bless the State of Texas and @KenPaxtonTX What he has just done gives us every chance to save our Republic and our country.
Keep in mind that there are only a few instances where a party can file a direct lawsuit with the U.S. Supreme Court, a state claiming harm by
2) another state is one of those instances.
https://t.co/xvXGDdgDYh
Texas Attorney General @KenPaxtonTX has filed a lawsuit with the Supreme Court seeking and emergency injunction against Michigan, Wisconsin, Pennsylvania and Georgia “from taking action to
3) certify presidential electors or to have such electors take any official action including without limitation participating in the electoral college.”
@KenPaxtonTX argues that arbitrary changes made by the state’s governors, secretaries of states and election supervisors were
4) “inconsistent with relevant state laws and were made by non-legislative entities, without any consent by the state legislatures. The acts of these officials thus directly violated the Constitution.”
The lawsuit states: “these non-legislative changes … facilitated the casting
5) and counting of ballots in violation of state law, which, in turn, violated the Electors Clause of Article II, Section 1, Clause 2 of the U.S. Constitution.” […] “By these unlawful acts, the Defendant States have not only tainted the integrity of their own citizens vote, but
Keep in mind that there are only a few instances where a party can file a direct lawsuit with the U.S. Supreme Court, a state claiming harm by
2) another state is one of those instances.
https://t.co/xvXGDdgDYh
Texas Attorney General @KenPaxtonTX has filed a lawsuit with the Supreme Court seeking and emergency injunction against Michigan, Wisconsin, Pennsylvania and Georgia “from taking action to
The ONLY court that can hear the #TexasLawSuit is the Supreme Court of the United States. When a case is between two or more states, the Supreme Court holds both original and exclusive jurisdiction, and no lower court may hear such cases. SCOTUS does not have discretion to ignore
— Robert Barnes (@Barnes_Law) December 8, 2020
3) certify presidential electors or to have such electors take any official action including without limitation participating in the electoral college.”
@KenPaxtonTX argues that arbitrary changes made by the state’s governors, secretaries of states and election supervisors were
4) “inconsistent with relevant state laws and were made by non-legislative entities, without any consent by the state legislatures. The acts of these officials thus directly violated the Constitution.”
The lawsuit states: “these non-legislative changes … facilitated the casting
5) and counting of ballots in violation of state law, which, in turn, violated the Electors Clause of Article II, Section 1, Clause 2 of the U.S. Constitution.” […] “By these unlawful acts, the Defendant States have not only tainted the integrity of their own citizens vote, but
You May Also Like
**Thread on Bravery of Sikhs**
(I am forced to do this due to continuous hounding of Sikh Extremists since yesterday)
Rani Jindan Kaur, wife of Maharaja Ranjit Singh had illegitimate relations with Lal Singh (PM of Ranjit Singh). Along with Lal Singh, she attacked Jammu, burnt - https://t.co/EfjAq59AyI
Hindu villages of Jasrota, caused rebellion in Jammu, attacked Kishtwar.
Ancestors of Raja Ranjit Singh, The Sansi Tribe used to give daughters as concubines to Jahangir.
The Ludhiana Political Agency (Later NW Fronties Prov) was formed by less than 4000 British soldiers who advanced from Delhi and reached Ludhiana, receiving submissions of all sikh chiefs along the way. The submission of the troops of Raja of Lahore (Ranjit Singh) at Ambala.
Dabistan a contemporary book on Sikh History tells us that Guru Hargobind broke Naina devi Idol Same source describes Guru Hargobind serving a eunuch
YarKhan. (ref was proudly shared by a sikh on twitter)
Gobind Singh followed Bahadur Shah to Deccan to fight for him.
In Zafarnama, Guru Gobind Singh states that the reason he was in conflict with the Hill Rajas was that while they were worshiping idols, while he was an idol-breaker.
And idiot Hindus place him along Maharana, Prithviraj and Shivaji as saviours of Dharma.
(I am forced to do this due to continuous hounding of Sikh Extremists since yesterday)
Rani Jindan Kaur, wife of Maharaja Ranjit Singh had illegitimate relations with Lal Singh (PM of Ranjit Singh). Along with Lal Singh, she attacked Jammu, burnt - https://t.co/EfjAq59AyI
Tomorrow again same thing happens bcoz fudus like you are creating a narrative oh Khalistan. when farmers are asking MSP. (RSS ki tatti khane wale Kerni sena ke kutte).
— Ancient Economist (@_stock_tips) December 5, 2020
U kill sikhs in 1984 just politics. To BC low IQ fudu Saale entire history was politics.
Hindu villages of Jasrota, caused rebellion in Jammu, attacked Kishtwar.
Ancestors of Raja Ranjit Singh, The Sansi Tribe used to give daughters as concubines to Jahangir.
The Ludhiana Political Agency (Later NW Fronties Prov) was formed by less than 4000 British soldiers who advanced from Delhi and reached Ludhiana, receiving submissions of all sikh chiefs along the way. The submission of the troops of Raja of Lahore (Ranjit Singh) at Ambala.
Dabistan a contemporary book on Sikh History tells us that Guru Hargobind broke Naina devi Idol Same source describes Guru Hargobind serving a eunuch
YarKhan. (ref was proudly shared by a sikh on twitter)
Gobind Singh followed Bahadur Shah to Deccan to fight for him.
In Zafarnama, Guru Gobind Singh states that the reason he was in conflict with the Hill Rajas was that while they were worshiping idols, while he was an idol-breaker.
And idiot Hindus place him along Maharana, Prithviraj and Shivaji as saviours of Dharma.
