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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Dominion’s system “does not produce a voter-verifiable paper ballot or a paper ballot marked with the voter’s choices in a format readable by the voter because the votes are tabulated solely from the unreadable QR code.”


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“Evidence plainly contradicts any contention that the QR codes or digital signatures are encrypted,”

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Judge Totenberg said there was “demonstrable evidence” that the implementation of Dominion’s systems by Georgia placed voters at an “imminent risk of deprivation of their fundamental right to cast an effective vote,” which she defined as a “vote that is accurately counted.”

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She noted that auditors are severely limited and “can only determine whether the BMD printout was tabulated accurately, not whether the election outcome is correct.“

Totenberg stated in her ruling that a BMD printout “is not trustworthy” and the application of an Risk-Limiting audit (RLA) to an election that used BMD printouts “does not yield a true risk-limiting audit.”

Georgia used RLAs to claim no fraud...
Some WESC submissions that are worth a read....(my thread of bookmarks)

Judge Paula Grey is president of the Gender Recognition Panel

She doesn't make any recommendations, but she sets out how the process currently works

Which chimes with my analysis of the GRP User Panel and statistics
https://t.co/XixEz7lNJv

She is also co-author if the Equal Treatment Bench Book and writes about how the judges are trained by Gendered Intelligence


There is the government's own response

https://t.co/bOn9XecAkz

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The response from @womensaid is significant.

Their members want trans survivors to get support they need but not by undermining their ability to serve women with female staff & female only services

They highlight lack of clarity

https://t.co/p7096sZcos


This was their position in 2015

They have moved on alot - they have been consulting with members since last year, and have had the courage to say what their members told them, not what Stonewall wanted to
We are live tweeting from the preliminary hearing of the Employment Tribunal case in which #AllisonBailey is suing Stonewall and Garden Court chambers.


The judge has ruled that for this hearing only, the names should remain redacted.

It is a Rule 50 Order. These particular individuals are members of Stonewall’s Trans Advisory Group and their names may well be known elsewhere. What is relevant is the messages from the group to Garden Court.

The judge states she would not make the same decision at the full hearing. This is only for the preliminary hearing.

Having dealt with the anonymity issue we now move to the main submissions in the case.

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