Blogs

No one is more hated than he who speaks the truth

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"No one is more hated than he who speaks the truth”- PlatoA look at our legal system -Mathews J. Nedumpara We have inherited from the British, a wonderful legal system. In doing so, the British was not doing us any charity. They needed a sound legal system for the governance of their own affairs, the common law. The common law is largely founded on Roman law, and Roman law reflects nothing but the thoughts of great philosophers such as Socrates, Plato, Aristotle, Cicero, Ulpian, et al. The doctrine of estoppel and res judicata is one of the cardinal principles on which the...

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CAMPAIGN FOR HOME FOR ALL

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  2nd June, 2019 To 1. Hon'ble Sri Pinarayi Vijayan, Chief Minister of Kerala, 141, 3rd Floor, North Block, Government Secretariat, Thiruvananthapuram – 695001 2. Hon'ble Sri Ramesh Chennithala, Leader of Opposition, Kerala. 3. Hon'ble Shri Harindersingh Puri, Union Minister for Housing, New Delhi. 4. Hon'ble Sri Muraleedharan, Minister of State for External Affairs, New Delhi. 5. Shri K.K. Venugopal, Attorney General of India, New Delhi. Honourable Sirs, I address your Honourable Sirs as the President of the Campaign for Home for All, an NGO registered under the Maharashtra Public Trusts Act, which work for the cause of the millions who live in slums, matchbox-like tenements, dilapidated buildings and the homeless. 2. The judgment of the Supreme Court ordering demolition of five...

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SAVE US FROM ‘COURTOASTROPHY’ PRAY HOME BUYERS IN COCHIN

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  In his book titled “Off the Bench” in Chapter under the caption “Justices and justicing”, legendary Justice Krishna Iyer had lamented about the plight of millions of slum dwellers, who prayed ‘Save us from the Courts’, whose shanties within the precincts of Sanjay Gandhi National Park, Mumbai, were bulldozed in execution of an order of the Bombay High Court in a PIL on the premise that they were illegal. I was woken up from my sleep on the morning of 8th of May 2019 by an old client saying that his son’s flat at Marad, Kochi, has been ordered...

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If the king (sovereign) is below God and the law, the judges and the depositories of the judicial power of the sovereign are not above God and law

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Hon'ble Mr. Justice Dipankar Datta,Chief justice,High Court of Judicature at Bombay. May it please your Lordship, I logged in to the Chief Justice's Court even before 11 am this morning and sat all throughout, waiting to be admitted, inspite of the unbearable pain due to slipped disc. I send a screenshot via whatsapp to Shri Chandwani, Prothonotory, and Shri Nikumb, your lordship’s associate, pointing out that I have not been admitted and requesting them to admit me, since my case, Sr. No. 29, a petition instituted by a designated covid hospital seeking immediate oxygen supply. I do not wish to attribute any...

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Judicial Accountability Act – A must for protection from wilful denial of justice, impropriety and corruption

01.01.2022. There are innumerable instances in India, nay, even in US, UK and other advanced countries, of innocents being convicted and sentenced to death and their innocence being brought to the public domain after they have been executed or have undergone the punishment. In the western countries, such conviction of innocent men and women is the result of the fallibilty of the justice delivery system manned by even the best. Adoption of modern technology in the detection of crime and prosecution, including video recording of court proceedings is certain to reduce innocent people being convicted because of human error to the...

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Suo motu PILs and judicial activism is undemocratic and a threat to the independence of judiciary

Mathews J NedumparaPresident, NLC98205 354287.11.2021 Nobody can be an actor (suitor) and a judex (judge) at the same time is a fundamental principle of law. A court can make an exception to that to correct grave errors at its hands, suo motu, acting on itself. Judges are free citizens and they are free to do whatever is not prohibited by law is not a correct perception. The office they occupy is sacrosanct and their conduct should be exemplary. They should command respect by the quality of their judgements, erudition, their independence, fairness and impartiality. It is forbidden for a judge to...

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Judges’ disease

09.01.2022 Judges' disease There can be no two opinion that the bar and the bench are the two sides of the same coin and should respect each other and maintain a cordial and healthy relationship. However, as legendary Justice Krishna Iyer has lamented a not so minority among the judges become afflicted of " judges disease " and treat litigants and lawyers badly. The hapless lawyer and the litigant, the victim of arrogance, pomposity and irritability of the judges if had reacted out of sense of hurt, being humiliated and ill treated publically is threatened with contempt. The only option open to...

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In our legal system, if a lawyer is falsely accused of improper conduct, or where a judge acts unfairly, and denies a fair opportunity for a lawyer to represent his case, the law provides to him no remedies at all.

MATHEWS J. NEDUMPARAAdvocate304, Hari Chambers, 3rd Floor, 58-64, S.B.S. Road, Fort, Mumbai-400 001.No.11, DD Tudor Villa, Padam Road, Cochin-682 023.E-mail: mathewsjnedumpara@gmail.com Mob:9820535428 5.10.2021 ToHon’ble Mr. Justice S. ManikumarChief Justice, High Court of Kerala Also to,Hon’ble Mr. Devan RamachandranJudge, High Court of Kerala May it please your Lordships, Sub: Hearing of the Church case at serial no. 124, today, 5th October, 2021 In our legal system, if a lawyer is falsely...

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Abolish sedition and contempt of court by scandalization, both

In the 11-13th century, the monarch was not very powerful. He had to depend on barons for support. The King did not interfere in the affairs of the barons who were even allowed to run parallel governance, even courts. As time passed every crime was taken as a breach of the King's peace and was to be tried by the courts which sat in sessions, appointed by the king. Of all the offences, sedition, namely, even expressing a wish for the death of the King, his wife or family members was considered to be sedition. Between law of contempt and...

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