26 February

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No one is more hated than he who speaks the truth

"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...

26 February

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CAMPAIGN FOR HOME FOR ALL

Posted by Mathews J Nedumpara

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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...

26 February

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SAVE US FROM ‘COURTOASTROPHY’ PRAY HOME BUYERS IN COCHIN

Posted by Mathews J Nedumpara

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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...

26 February

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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

Posted by Mathews J Nedumpara

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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...

26 February

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

Posted by Mathews J Nedumpara

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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...

26 February

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

Posted by Mathews J Nedumpara

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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...

26 February

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Judges’ disease

Posted by Mathews J Nedumpara

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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...

26 February

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Ignorance is not always a bliss

Posted by Mathews J Nedumpara

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Prashant Bhushan's opinion (on Modi government's alleged writing off bad loans of big companies) is wholly faulty and is based on a common misconception. He should have, as a lawyer, studied the subject before attacking the Government. I say so, because the Government has no role whatsoever, at all. Banks are obligated to write off bad debts under the accounting standards which are mandatory. Banks write off thousands of crores of rupees every year. If they don't do so, their balance sheets will not disclose the true and fair state of its financial affairs. Bad loans, be it of Nirav Modi's...

26 February

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Nedumpara’s letter to President, Kerala High Court Bar Association: An appeal for abolition of pernicious system of Designation of lawyers

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4th January, 2019 To Sri Ramkumar,Senior Advocate. Copy to: President and Members of the Kerala High Court Advocates’ Association. Respected Sir, Sub: Designation of lawyers – insult to the members of the Association. I happened to come across the letter which you have addressed to the President and Members of the Executive Committee of the Kerala High Court Advocates’ Association at 6.43 a.m. today on its being forwarded to me by a very close friend of mine, a fellow sexagenarian. The word ‘insult’ in the caption of your letter captured my thought. By 9 O’clock, I received a call from a good old friend, who had applied...

26 February

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Pray for our country

Posted by Mathews J Nedumpara

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Except a few, very few, all the SC and HC judges owe their office to their families and connections. Office of the Judges , so too "Sr.designation" are inheritance. Except a few nice souls, the majority think they are Kings and carry blue blood on their veins. Arrogance and pride is their hallmark. Now, like Kings they rule the country through "Suo motu" proceedings where they are the actor( plaintiff) and judex ( judge), both at once. Hypocrites like Dushant Dave and Prashant Bhushan by clamoring for "suo motu" action has been giving legitimacy for the naked violation of the...

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