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Tata vs Cyrus Mistry: Supreme Court dismisses review petitions by Mistry against March 2021 judgment

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The Supreme Court on Thursday dismissed review petitions filed on behalf of Cyrus Investments Pvt. Ltd. and Sterling Investments Pvt. Ltd. seeking review of the apex court’s March 2021 judgment upholding Tata group’s decision to remove Cyrus Mistry as executive Chairman of Tata Sons.

A bench headed by Chief Justice N.V. Ramana dismissed the review petitions.

In a separate application for expunging remarks, the top court agreed to expunge certain remarks made against Mistry, but has also directed that certain offensive paragraphs directed against the court made in the application for expunction be deleted/withdrawn.

In February this year, the top court had agreed to hear review petitions filed by Cyrus Investments and Sterling Investments against the apex court verdict, where it accepted all contentions of the Tata conglomerate and set aside the order of the NCLAT, which restored Cyrus Mistry as the executive chairman of the Tata conglomerate.

In March last year, a bench headed by then Chief Justice S.A. Bobde said all questions of law are in favour of Tata Group and dismissed the appeals filed by Mistry. The top court also upheld the Tata Sons decision to sack Cyrus Mistry on October 24, 2016.

In February this year, a bench headed by Chief Justice N.V. Ramana and comprising Justices A.S. Bopanna and V. Ramasubramanian considered the review petition filed by Mistry. Justice Ramasubramanian dissented.

The top court, in its February 15 order, said: “Applications seeking exemption from filing affidavits are allowed. Applications seeking oral hearing of the Review Petitions are allowed. List the Review Petitions on Wednesday, the 9th March, 2022.”

Justice Ramasubramanian, in his dissenting opinion, said: “With utmost respect, I regret my inability to agree with the order. I have carefully gone through the Review Petitions and I do not find any valid ground to review the judgment. The grounds raised in the Review Petitions do not fall within the parameters of a review and hence the applications seeking oral hearing deserve to be dismissed.”

In the verdict passed on March 26 last year, the top court said: “We find all the questions of law are liable to be answered in favour of the appellants (Tata Group) and the appeals filed by the Tata Group are liable to be allowed and Shapoorji Pallonji group is liable to be dismissed.”

It also said the value of SP Group shares will depend on the valuation by Tata Sons equities and the court will not determine the fair value. In December 2019, the National Company Law Appellate Tribunal (NCLAT) had ruled that the proceedings of the Board meeting of Tata Sons held on October 24, 2016 removing Cyrus Mistry as chairperson was illegal.

Senior advocates Harish N. Salve and A.M. Singhvi, appeared for Tata, assisted by a team from Karanjawala & Co. advocates led by advocate Ruby Singh Ahuja.

International

Trump signs proclamation banning travel from 12 nations

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Washington, June 5: US President Donald Trump has signed a proclamation imposing a travel ban on 12 countries and restricting the entry of seven others to the US, citing national security concerns.

According to the proclamation, the 12 countries that were banned include Afghanistan, Burma, Chad, Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.

Additionally, the order partially restricts and limits the entry of nationals of the following seven countries — Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.

The announcement of the ban followed a recent violent terror attack in Boulder, Colorado, on participants of a peaceful rally calling for the safe return of Israeli hostages from Hamas captivity.

“The recent terror attack in Boulder, Colorado, has underscored the extreme dangers posed to our country by the entry of foreign nationals who are not properly vetted, as well as those who come here as temporary visitors and overstay their visas. We don’t want them,” Trump said in a video statement released by the White House on Wednesday night.

Meanwhile, US Homeland Security officials said that the terror attack perpetrator in Colorado, Mohammed Sabry Solima, was allowed entry into the country under the former Biden Administration and overstayed his visa.

The White House Deputy Press Secretary Abigail Jackson took to social media stating that President Trump is protecting Americans from foreign actors who pose security threats to the country.

“President Trump is fulfilling his promise to protect Americans from dangerous foreign actors that want to come to our country and cause us harm. These commonsense restrictions are country-specific and include places that lack proper vetting, exhibit high visa overstay rates, or fail to share identity and threat information. President Trump will always act in the best of interest of the American people and their safety,” Abigail Jackson said on X.

The recent proclamation echoed a series of travel bans issued during the first term of Trump’s administration to seven majority-Muslim nations from coming to the US.

It included Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. The move witnessed legal challenges before President Joe Biden repealed it after he assumed office in 2021.

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Crime

NIA raids multiple locations in Kashmir in terror funding-conspiracy case

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Srinagar, June 5: Sleuths of the National Investigation Agency (NIA) on Thursday carried out raids at multiple locations in Kashmir Valley as officials said these raids are part of an ongoing investigation into a terror funding and conspiracy case.

Assisted by police and the CRPF, NIA sleuths raided many locations in the Reban area of Shopian district, Nildoora and Chak-e-Choland in Kulgam district; Manzgam, Devsar, Sonigam and Bugam in Pulwama district; Sopore in Baramulla district and Kupwara district.

Reports said the NIA raids are going on at 32 locations in Jammu and Kashmir.

NIA sources said a statement would be issued by the agency after the conclusion of the day’s operations by its sleuths.

By the time this report was filed, there was no information available regarding any arrests or recoveries.

More details are awaited.

Sources said the searches were being conducted in a terror conspiracy case against overground workers (OGWs) of various terrorist organisations.

All high-profile crimes, including some dastardly terror attacks in the union territory, are being investigated by the NIA. The April 22 terror attack carried out by the Lashkar-e-Taiba (LeT) outfit in Baisaran meadow of Pahalgam is also being investigated by the NIA.

Terrorists killed 26 civilians, including one Naeplai national, after segregating them on the basis of religion in Baisaran. The innocent victims of terrorists included 25 tourists and a local pony owner who sacrificed his life while trying to save the tourists. All the victims, except one, were Hindus.

NIA is also investigating the Reasi terror attack carried out by terrorists on June 9, 2024, on a bus carrying pilgrims. Nine pilgrims were killed and 33 others, including women and children. They were killed when terrorists attacked a bus carrying pilgrims to Katra from the Shiv Khori temple.

The NIA arrested and investigated cases against JKLF chief, Yasin Malik, senior separatist leaders, Shabir Shah, Nayeem Khan and MP Engineer Rashid.

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National

Drama of discontent in Mahayuti govt due to greed for power: Uddhav Thackeray’s Saamana

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Mumbai, June 5: Shiv Sena(UBT) on Thursday claimed that a strong discontent was brewing in the grand alliance (Mahayuti) government of Maharashtra, and the people were getting “free entertainment” from the inner fight.

Thackeray camp in the party’s mouthpiece ‘Saamana’ editorial said, “No matter which party the government belongs to, those who are dissatisfied in the government have no party. The Mindhe Mandal (Shinde camp) was dissatisfied with Uddhav Thackeray’s government, and now their dissatisfaction continues with the Fadnavis government as well. The root of the disease of dissatisfaction lies in power, greed for position, money, ego and political ambition. There is no cure for this disease of dissatisfaction. Once it takes root, it grows stronger. Let us hope that the dissatisfaction drama in the three parties that is going on in the Fadnavis government should not lead to gang wars from breaking out within the cabinet in the future.”

“The Mindhe group (Shinde camp) in the cabinet is unhappy with Finance Minister Ajit Pawar. Money or ‘funds’ is said to be the main reason for the discontent. In other words, the old disease has once again revived. The same discontent and complaint of the Mindhe group (Shinde camp) were present while breaking the Shiv Sena and toppling the Maha Vikas Aghadi government. It continues. The same root cause of discontent has again bedevilled the ministers of Mindhe. At that time, the people of Mindhe had considered Ajit Pawar a ‘villain’ while being dishonest with the original Shiv Sena,” the editorial said..

“However, instead of going to jail, Ajit Pawar followed in Mindhya’s footsteps, entered the government and became the Finance Minister. Ultimately, all ministries have to look at and depend on the finance ministry for the allocation and release of funds. In a nutshell, many people’s lives were ruined because Ajitdada controls the funds of the government,” claimed the Thackeray camp.

“After the cabinet meeting held last Tuesday, the displeasure of the ministers, who were upset over the lack of funds, erupted. Thereafter, the Mindhe group ministers met and complained against Ajitdada for not releasing funds to their respective departments. They expressed their discontent against Ajitdada in front of their leader, Mindhe (Eknath Shinde). ‘Finance Minister Ajitdada is sabotaging the development works of our department. If the finance department and the finance minister will not give us money, how will we do development works?” asked the disgruntled ministers from the Shinde camp. It is said that Ajitdada was the sole target during the meeting,” said the editorial.

“In the same meeting held last week, Deputy Chief Minister Shinde independently reviewed the functioning of the departments held by the Mindhe group and individually discussed with the concerned ministers to know the present status. The agitated ministers raised a slew of questions, such as how the work will be done for want of funds. If the work is not done, how will we face the elections and what answers will we give to the people?” said the editorial.

Since the nature of the complaint and ‘target’ were the same, Dy CM Shinde attempted to pacify them, assuring that he would find a way out by talking to Chief Minister Devendra Fadnavis and Dy CM Ajitdada Pawar.

“In fact, in the Mahayuti government, the Mindhe (Eknath Shinde) himself is being beaten with sticks, and there is no way to bombard this disgruntlement again. So, he was upset and had to go to the native village in Satara and count the strawberries in the fields. As Mindhe (Eknath Shinde) had found a solution to overcome disgruntlement by going to the native village, it is difficult to guess whether he has suggested a similar solution to the disgruntled ministers from his camp,” said the editorial. However, at the end of the day, the people of Maharashtra have to bear the discontent among the ruling partners.

Furthermore, the Thackeray camp claimed that it was not just the Shinde camp but the BJP legislators who met Home Minister Amit Shah and lodged a complaint against Finance Minister Ajitdada Pawar.

“Amit Shah gave his party legislators the ideal mantra of the double engine government, ‘Keep doing work and follow up with Ajitdada so much that he himself should come to me with a complaint’. This is such an interesting drama going on in the grand alliance government in Maharashtra. If Ajit Pawar is bringing the BJP, which has 132 MLAs, and the Mindhe Party formed by Amit Shah to the table, then only Ajit Pawar is happy in this government, and this is a great skill of Ajitdada,” the editorial said.

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