Tata Sons v Cyrus Mistry : Decoding The NCLAT Verdict

The board room battles in Tata Sons Ltd have now become a high profile court room battle with the Supreme Court being moved against the National Company Law Appellate Tribunal's decision reinstating Cyrus Mistry as Executive Chairman of the company.Here is a brief explainer about the background of the dispute and the reasons which weighed with the NCLAT.ChronologyDecember 2012 : Cyrus Mistry...

"Today Google Knows More About You Than Your Spouse-" Justice V Ramasubramanian On 'Right To Privacy: New Age Challenges'

[Here is the full text of 4th Justice V R Krishna Iyer Memorial Lecture delivered by Justice V Ramasubramanian, Judge, Supreme Court of India]It is indeed a privilege to be invited deliver a Memorial Lecture instituted in the name of Justice V.R. Krishna Iyer, an icon of the robed brethren and a saviour of the robbed classes. The greatness of Justice Krishna Iyer is that even in...

New Plea In SC Against CAA Also Challenges Section 3(1) Of Citizenship Act; Says It Affects Those Born After July 1, 1987 [Read Petition]

The cumulative effect of the impugned provisions of the Citizenship Act of 1955 is to arbitrarily deprive nationality to the children born in India after 1st July 1987, the plea states.

Arbitration - Order Returning Sec 34 Application For Presentation In Proper Court Not Appealable Under Sec 37 : SC [Read Judgment]

The order of a Court returning an application under Section 34 of the Arbitration and Conciliation Act 1996 for presentation before the proper forum is not appealable under Section 37 of the Act.This was held by the Supreme Court in a judgment delivered on December 10,2019 in the case BGS SGS Soma JV vs NHPC Ltd.A three judge bench comprising Justices R F Nariman, Aniruddha Bose and...

Ratan Tata Files Separate Appeal Against NCLAT Order Favouring Cyrus Mistry

Ratan Tata, the Chairman Emeritus (former Executive Chairman), of Tata Sons Pvt Ltd has moved the Supreme Court under Section 423 of the Companies Act, 2013 challenging the National Company Law Appellate Tribunal's (NCLAT) order which found him guilty of taking "oppressive and prejudicial steps against the interest of the shareholders of the Tata Sons", particularly Cyrus Mistry. NCLAT's...

Allahabad HC Registers Suo Moto PIL On Internet Shutdowns In UP Over CAA Protests [Read Order]

The Allahabad High Court has registered a suo moto Public Interest Litigation on the issue of internet shutdowns in Uttar Pradesh. Internet was suspended in several parts of UP following the state wide prohibitory orders issued under Section 144 CrPC over CAA protests.A division bench comprising Chief Justice Govind Mathur and Justice Vivek Verma directed the Registry on December 20 to register...

Venue Of Arbitration Will Be "Seat Of Arbitration" When Contrary Intention Of Parties Absent : SC Holds Earlier View Wrong [Read Judgment]

Taking a different view from an earlier judgment, the Supreme Court has held that venue of arbitration will be the juridical seat of arbitration in the absence of contrary intention of the parties.A three-judge bench comprising Justices R F Nariman, Aniruddha Bose and V Ramasubramanian held so on December 10, 2019, overruling the view expressed in a 2018 decision in the case Union of India...

Tata Sons: Registrar Of Companies Moves NCLAT Seeking Removal Of Adverse Observations From Judgment

The National Company Law Appellate Tribunal on Friday reserved its order on a plea moved by Registrar of Companies seeking removal of certain adverse observations in the December 18 judgment which ordered the reinstatement of Cyrus Mistry as Executive Chairman of Tata Sons Ltd.A Division Bench headed by Justice Mukhopadhyay said that a line will be added in the order to clarify that...

Tatas v Cyrus Mistry : 15 Grounds Of Challenge Against NCLAT Order

Tata Sons has appealed to the Supreme Court against the December 18 order of the National Company Law Appellate Tribunal which reinstated Cyrus Mistry as the Executive Chairman of the company.In the appeal, Tata Sons says that the judgment sets a 'dangerous legal precedent' and is a 'blow to corporate democracy'.It is contended in appeal that judgment has virtually re-written the Articles...

Parliament Roundup : Key Legislations Of 2019

Here is a recap of key legislative exercises of Parliament in 2019. 16th Lok Sabha Session The first phase was comprised by latter days of winter session of the 16th Lok Sabha, which concluded on January 9. The second phase was the budget session, held between January 31 and February 13. During this duration, two important legislations were passed, being: 1. Constitution...

Right To Internet, Quashing Of Illegal Phone Tapping & More : Best Of 2019 HC Judgments

In 2019, there were some notable High Court judgments. Among them were judgments which upheld new facets of civil liberties such as right to internet, right to marriage of a transgender person, right to personhood of asylum seeker etc.There were also judgments which reflected the judicial system's willingness to self-correct, such as the Calcutta HC's order imposing costs on itself for a...

TATA Sons Moves SC Against NCLAT Order Reinstating Cyrus Mistry As Chairman

Tata Sons Ltd has moved the Supreme Court against the December 18 judgment of the National Company Law Appellate Tribunal which restored Cyrus Mistry as the Executive Chairman of the company.The petition has also sought an immediate stay of the NCLAT order before the board meeting which is scheduled to take place on January 9. Tata Sons is likely to mention the matter before the CJI on January...