NCLT dismisses Mistry firms’ petition against Tata Sons

NCLT dismisses Mistry firms' petition against Tata Sons
NCLT dismisses Mistry firms’ petition against Tata Sons

The National Company Law Tribunal (NCLT) here today dismissed a petition by two firms belonging to Cyrus Mistry’s family, seeking waiver of an eligibility condition for moving the forum against Tata Sons.

An NCLT bench of B S V Prakash Kumar and V Nallasenapathy said, “The waiver is dismissed, the company petition dismissed.”

The two firms had sought to challenge Mistry’s ouster from Tata Sons last year and alleged that there was mismanagement and oppression of minority shareholders.

They urged the NCLT to use its discretion and waive an eligibility condition for filing such a petition.

The tribunal had held last month that the plea was not maintainable, because the petitioner firms did not meet one of the eligibility criteria prescribed by the Companies Act.

The two Mistry family firms contended that under the Act, the tribunal can waive a requirement that petitioner should hold at least one-tenth of ‘issued share capital’ of the company, or represent at least one-tenth of the company’s minority shareholders.

Tata Sons had argued that if preference capital was also considered, the petitioner firms held only 2.17 per cent of the total issued share capital of Tata Sons.

Mistry was removed as Chairman of Tata Sons, the holding firm of Tata Group, one of the country’s largest conglomerates, last October.

( Source – PTI )

Petition against Ker Finance minister dismissed

Petition against Ker Finance minister dismissed
Petition against Ker Finance minister dismissed

Kerala High Court today dismissed a petition against continuance of T M Thomas Isaac as Finance Minister following the alleged leak of some budget documents in media before it was presented in the assembly.

State BJP president Kummanam Rajasekharan had filed a quo warranto (a writ or legal action requiring a person to show by what warrant an office or franchise is held, claimed, or exercised) petition against Isaac, alleging that leak of documents and their publication in media prior to presentation amounted to violation of provisions of official secrets act.

Disallowing the plea, a division bench headed by Chief Justice Navanithi Prasad Singh observed that it is the prerogative of the government to decide which documents are secret.

( Source – PTI )

Madras HC dismisses HCP for production of Madhan

Madras HC dismisses HCP for production of Madhan
Madras HC dismisses HCP for production of Madhan

Madras High Court today dismissed as ‘infructuous’ a habeas corpus petition for missing film producer Madhan, allegedly involved in a multi-crore medical admission scam, after it was informed that he had been recently traced and arrested by the city police.

A bench comprising justices M Jaichandren and S Baskaran passed the order afer perusing the status report filed by the police and submissions made by Additional Public Prosecutor V M R Raajendran that Madhan had been arrested, produced before a magistrate court and remanded in judicial custody on November 21.

The petition was filed by the mother of Madhan, who was reportedly missing sinceMay 28 when he had left Chennai.

He had left behind a ‘suicide note’ stating that he would kill himself in Varanasi due to alleged failure in ‘business transaction’ with the SRM group of institutions, it was claimed.

Some parents and students had filed criminal petitions in the high court alleging that they have paid huge amounts to Madhan for getting medical seats in the SRM institutions but neither the seats were given nor the money returned and sought action against him.

The bench orally observed that Madhan had been detained recently and the investigation had to be carried out.

It said the petitioners were having a guarantee (for the money) as SRM Group Chairman T R Pachamuthu, who was arrested following directives by the court, had deposited Rs 75 crore in a lower court while securing bail.

Hence, there need not be any apprehension in this regard, the court said adding it will pass orders on all the 16 petitions filed by students and parents by December 1.

Madhan was arrested from Tiruppur in Tamil Nadu, ending an extensive man-hunt spread over several states.

According to police, their probe has found that Madhan and his associates were allegedly involved in cheating 123 aspirants for under and post graduate courses in medicine in SRM group of institutions to the tune of Rs 84.27 crore.

( Source – PTI )

Bombay HC seeks RBI’s response on co-operative banks’ petition

Bombay HC seeks RBI's response on co-operative banks' petition
Bombay HC seeks RBI’s response on co-operative banks’ petition

Observing that prima facie there were some inconsistencies in the two circulars issued by the Reserve Bank to district co-operative banks on demonetisation issue, the Bombay High Court today sought RBI’s response to a batch of petitions filed by these banks.

The Mumbai and Solapur District Central Co-operative banks had approached the high court last week challenging the RBI circular of November 14, restricting them from exchanging or depositing old currency notes of Rs 500 and Rs 1,000 which were declared as illegal tender under the government’s demonetisation move on November 8.

A division bench of Justices A S Oka and M S Karnik also directed Additional Solicitor General Anil Singh to produce a copy of the transfer petition filed by the Union government in the Supreme Court.

Singh informed the high court that the Union government, in the transfer petition, has sought the apex court to direct for all petitions filed in various high courts in the country to be either heard by SC itself or any one HC.

He said the transfer petition has been posted for hearing on November 23.

“The contentions raised by the district co-operative banks in these petitions here are similar to the petitions pending before the Supreme Court,” Singh said.

Senior counsel Janak Dwarkadas, appearing for the Mumbai District Co-operative Bank, however, told the court that the petitions filed by the co-operative banks are different.

“We are not challenging the demonetisation scheme. We are just challenging the RBI circular,” Dwarkadas said.

The bench, while directing the Union government to produce the transfer petition tomorrow, said if the main petition filed in the Supreme Court covers the same contentions as raised in these petitions, then it would not hear the matter.

“You (Singh) produce the transfer petition tomorrow. We will see. The RBI should also respond. We are not saying you (RBI) are right or wrong but prima facie we feel there is some inconsistency between the two circulars issued by the RBI,” Justice Oka said.

( Source – PTI )

Petitioners asked to go to govt for yoga in schools

Petitioners asked to go to govt for yoga in schools
Petitioners asked to go to govt for yoga in schools

The Bombay High Court today directed a municipal councillor and a social worker, who had challenged a resolution passed by BMC making ‘Surya Namaskar’ (sun salutation) mandatory in civic schools of the metropolis, to approach the state government first.

Samajwadi Party councillor from Mumbai Central, Rais Shaikh, and social worker Masood Ansari had filed public interest litigations earlier this month seeking stay on the resolution passed by the civic body on August 23 this year, contending that it violates fundamental rights and is “malafide and bad in law”.

A division bench of Chief Justice Manjula Chellur and Justice M S Sonak directed both the petitioners to make a representation to the state government first.

The court said that under provisions of the Bombay Municipal Corporation Act, the state government has powers to set aside decisions and resolutions passed by the civic body.

The HC directed government to take a decision on the representation within two weeks from when it will be filed.

The court said the petitioners should first exhaust this remedy and after that, if required, can approach the court once again and disposed of the two PILs.

Rais Shaikh, in his petition, claimed ‘Surya Namaskar’ is opposed to the fundamental concept of Islam and is therefore, a violation of the fundamental religious rights of students studying in Urdu medium schools run by BMC.

Shaikh said that of the 1,285 schools civic-run schools in which Suryanamaskar has been made mandatory along with the morning prayers, 400 schools are Urdu medium, in which about one lakh students study. A majority of these are followers of Islam, he added.

Earlier this month, the HC had declined to grant an interim stay on implementation of a resolution making yoga and ‘Surya Namaskar’ mandatory in Mumbai’s civic schools, saying it is just a form of exercise which is good for the body.

Ansari’s counsel had then argued that minor students cannot be expected to daily perform ‘Surya Namaskar’, which a combination of 12 ‘asanas’.

To this, the HC had said it would consider this argument at a later stage and would call for a report to ascertain if the sun salutation exercise can be performed by minors.

( Source – PTI )

AAP gets nod to hold Surat rally; withdraws petition

AAP gets nod to hold Surat rally; withdraws petition
AAP gets nod to hold Surat rally; withdraws petition

The Aam Aadmi Party today withdrew its petition in Gujarat High Court after the police granted it permission to hold a rally on October 16, to be addressed by Delhi Chief Minister Arvind Kejriwal.

The party withdrew its petition being heard by a division bench of Chief Justice R Subhash Reddy and Justice V M Pancholi today, as Surat Police Commissioner today informed the court that permission has been granted for the rally.

AAP, through its spokesperson Harshil Nayak, had moved the petition seeking permission for the rally which, it said, was not being granted by district administration, nearly a month after the party had applied for the same on August 19.

The court had last week issued notices to the district administration and Additional Home Secretary, Surat Police Commissioner and Collector.

AAP said this will be their first political rally to be addressed by Kejriwal, for which it required sufficient time for preparation and hence, sought permission well in advance.

Nayak said preparation has begun for the rally which will be the first in the run-up to the state Assembly polls to be held in 2017.

“The rally will be held at Yogi Chowk in Surat’s Varachha locality on October 19. Party volunteers have already begun preparations for the same in full-swing,” he said.

( Source – PTI )

Madras HC reserves order on petition filed by Nalini Chidambaram

Madras HC reserves order on petition filed by Nalini Chidambaram
Madras HC reserves order on petition filed by Nalini Chidambaram

Madras High Court today reserved its orders on a petition filed by senior advocate Nalini Chidambaram, wife of former Union Minister P Chidambaram, challenging the summons issued to her by the Enforcement Directorate in connection with its money laundering probe in the Saradha chit fund scam case.

After hearing arguments by senior counsel Vijaynarayan and Krishnamurthy representing Nalini, Justice T S Sivagnanam, reserved orders and told the Additional Solicitor General C Rajagopalan, appearing for the ED, that “in the meantime let there be no precipitative action.”

In response, the ASG said that he will inform the ED.

Nalini submitted that as per section 160 of CrPC, a woman could not be summoned by police and inquiry has to be conducted in her house.

Pointing out that CBI had already filed a charge sheet in the Saradha chit fund scam probe before a court in West Bengal, the petitioner said her name did not figure in it either as an accused or witness and yet she was summoned by the ED.

The matter pertains to the legal fee allegedly paid to the petitioner by Saradha group over a television channel purchase deal.

A sum of Rs one crore was paid to Nalini for her appearances in the court and company law board by Saradha group chairman, Sudipto Sen, as part of a clause in an agreement between him and former Union Minister Matang Sinh’s wife Manoranjana, who was Nalini’s client, over a television channel purchase deal, Vijaynarayan, counsel for Nalini, told PTI.

The counsel further said her fees was declared in the tax returns and the transactions happened before the Saradha scam case.

Claiming that Nalini had fully cooperated with the ED, the counsel said his client had answered all the questions in the earlier summons, while the third and fourth summons contained similar questions and asked her to appear in person.

Hence, the petitioner approached the High Court seeking to declare the fourth summons issued by ED as illegal and to restrain its officials from initiating any action against her.

( Source – PTI )

Petition against acquisition of house by Metro firm

Petition against acquisition of house by Metro firm
Petition against acquisition of house by Metro firm

The Gujarat High Court today issued notices to the Metro-Link Express for Gandhinagar and Ahmedabad Company Ltd (MEGA) and the city civic body over a petition against land acquisition in Vastral area here for the Metro project.

The petitioner Rajubhai Patel, resident of Vastral, alleges that MEGA (which is constructing the Metro) is acquring houses in the area, including his own, for `road widening’ under the Bombay Provincial Municipal Corporation Act which does not provide for compensation.

Unlike Land Acquisition Act, BPMC Act has no provision for social impact assessment and hearing objections by the affected persons, the petition says, adding that to acquire the land in this way was a misuse of power.

Before this, a petition has been filed by 22 persons who own houses or shops in Jivraj Park Society after MEGA initiated the process to acquire their properties.

Justice A J Desai posted the matter for hearing after the summer vacation after issuing notices.

( Source – PTI )

Uttarakhand HC to hear rebel Cong MLAs’ petition tomorrow

Uttarakhand HC to hear rebel Cong MLAs' petition tomorrow
Uttarakhand HC to hear rebel Cong MLAs’ petition tomorrow

The Uttarakhand High Court will tomorrow resume the hearing on nine rebel Congress MLAs’ petition challenging their disqualification by the state Assembly Speaker.

The nine legislators will present their contention before the single bench of Justice U C Dhyani, which had on Saturday recorded the arguments of counsel Kapil Sibal appearing for Speaker Govind Singh Kunjwal.

The Speaker had on March 27 disqualified the nine, including former chief minister Vijay Bahuguna, who spearheaded the rebellion against Chief Minister Harish Rawat, under the anti-defection law.

This had led to a political instability in the state and imposition of President’s rule.

( Source – PTI )

Society tolerating incompetence can’t prosper: Delhi HC

Society tolerating incompetence can't prosper: Delhi HC
Society tolerating incompetence can’t prosper: Delhi HC

A society which tolerates incompetence can never prosper and education standards cannot be allowed to fall, a Delhi High Court has said.

Rejecting a man’s petition for a direction to Delhi University (DU) to allow him to complete law course, Justice Manmohan said “every country has to try to achieve excellence and the highest academic standards.

“A society that tolerates too much of incompetency can never prosper. Consequently, this court is of the opinion that education standards cannot be allowed to fall to an absolutely ‘low level’,” the bench said.

The order came on a plea filed by Avadhesh Kumar seeking a direction to the university to allow him to complete his LLB course, even beyond the given time span.

He said he was required to complete his LLB course by 2014 within the prescribed period but he could not complete it on time as, being a central government employee, he was being transferred from one place to another.

His lawyer argued that Kumar could not complete the course due to circumstances beyond his control and the university has been granting chances to students to complete the course beyond the stipulated time span.

The counsel also contended that petitioner has availed all the attempts and appeared in all the examinations during the regular course as well as the span period.

The court, in its order, noted that though the law course was to be completed within three years, the petitioner has availed the span period of six years.

“This court is of the opinion that there is a distinction between a student whose study has been interrupted due to joining the Army or a student who wants to study later in life in comparison to those students who cannot clear their exams despite repeatedly appearing in them,” it said.

“Consequently, this Court is of the opinion that the petitioner is not entitled to any relief,” the court said.

( Source – PTI )