Banks and Financial Institutions cannot simultaneously initiate recovery proceedings under both the SARFAESI Act and the RDB Act; judgments holding otherwise are rendered per incuriam and sub silentio, and are not binding..
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Why Justice Krishna Iyer said “Contempt power cipherises its user
Mathews J. Nedumpara 8.2.2023 1. What prompts me to pen these lines are the news reports that the Kerala High Court has initiated suo motu contempt proceedings against Shri K.M Shahjahan, Private Secretary to Shri V.S Achuthanandan, the former Chief Minister of Kerala. Shri K.M Shahjahan has reportedly alleged that it was not merely, Adv […]
When a matter is part heard, to take precipitatory action is nothing short of contempt of court
MATHEWS NEDUMPARA ADVOCATES 101,Gundecha Chamber, Nagindas Master Road, fort, Mumbai – 400 001. Email id: nedumparaassociates@gmail.com Contact No. 9447165650/9820535428 ===================================================================================== To, 12.09.2025 1. Raval Shah & Co. Advocate for ICICI Bank Building no. 5-7, Rajabahadur Mansion, Homi Modi street, fort, Mumbai – 400 023. 2. Yahya Batatawala Advocate for IRP Office no. 311, 3rd Floor, […]
An order pronounced in open court cannot be altered except in an open court hearing
Speaking to the minutes of the order dated 3rd September, 2025, conducted through VC 1. The popular concept among litigants, lawyers and even judges is that what constitutes an order or judgment which binds the party before the court is the order which is signed by the judge and authenticated and made available to the […]
Why the basic structure is a fraud on the constitution – explained in a few wordsÂ
Mathews j nedumpara 98205 35428 14th September 2025 I am often asked why I call the “basic structure” a laughable theory. I can answer this in a few words by citing an example. If one were to invoke Article 32 prior to Kesavananda Bharati, the judges would unfailingly ask “why are you here? And […]