16 November

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Examining Judicial Review and Curative Jurisprudence: A Critical Analysis

Examining Judicial Review and Curative Jurisprudence: A Critical Analysis Mathews J Nedumpara 98205 35428 a)Review petitions (civil) dismissed- 19710 Allowed- 92 b) Review Petitions (Crl) Dismissed- 6087 Allowed- 48 c) Curative petitions (civil) Dismissed- 2155 Allowed- 0 d) Curative petitions (Crl) Dismissed- 620 Allowed- 3 So far as curative petitions go, I am not concerned. The curative jurisprudence itself is against the constitution, a judicial legislation, which no court has the power to do. I consider this mechanism to be in ignorance of the elementary jurisprudence. The court failed to comprehend the distinction between res judicata and stare decisis and mistook one for the other, which would be evident anyone who reads Hurra v. Hurra,...

05 November

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CHIEF JUSTICE OF INDIA ENJOYS NO IMMUNITY FROM PENAL LAWS AND REGISTRATION OF A FIRST INFORMATION REPORT IS IMPERATIVE

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CHIEF JUSTICE OF INDIA ENJOYS NO IMMUNITY FROM PENAL LAWS AND REGISTRATION OF A FIRST INFORMATION REPORT IS IMPERATIVE – By Mathews J. Nedumpara Article 14 of our Constitution states that “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” The Constitution does not distinguish between the rich and the poor or the powerful and the meek when it comes to the application of the penal laws e.g. the Chief Justice of India (CJI) and a junior Court Assistant. The Code of Criminal Procedure (Cr. P.C.) and...

02 November

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National( MSME) Borrowers’ Association – Press Release – 02.11.24

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National( MSME) Borrowers' Association 101 Gundecha Chambers Nagindas Master Road, Fort, Mumbai. 2nd November 2024 Press Release National MSME Borrowers Association conducted a press conference today at press club to bring to the public domain the failure of the authorities, particularly the RBI and the Banks and financial institutions to give effect to the notification dated 29.5.2015 under the MSMED Act. The MSMED Act and the notification was enacted taking note of the fact that MSMEs constitute to be the backbone of the Indian economy particularly, generation of employment, creation of wealth and equitable distribution of wealth. The MSMEs, which today includes trading and the service sectors,...

02 November

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The Founding Fathers, by incorporating Articles 226 and 32, reintroduced the dual system of administration of justice which was abolished in England in 1875, having proved to be counterproductive

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The Founding Fathers, by incorporating Articles 226 and 32, reintroduced the dual system of administration of justice which was abolished in England in 1875, having proved to be counterproductive Mathews J Nedumpara Common people, often reassured by news reports where the High Courts under Article 226 and even the Supreme Court under Article 32 come to the rescue of common people who are denied justice by the government and its instrumentalities, are granted instant and hustle free justice institute writ petitions when they face similar injustice. Except for a few High Courts like that of Kerala where relief under the writ jurisdiction...

02 November

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Referring Questions of Law to Larger Benches is in Ignorance of the Doctrine of Stare Decisis

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Referring Questions of Law to Larger Benches is in Ignorance of the Doctrine of Stare Decisis By Mathews J. Nedumpara 98205 35428 It is said that even Homer nods at times, meaning that sometimes even very eminent and scholarly men err, for, to err is human. Lord Halsbury, known for his monumental work titled “Halsbury’s Laws of England”, in London Street Tramways Co. v. London County Council [1898] AC 375 (HL), had held that House of Lords is bound by its own decisions. That was a great deviation from the view hitherto then in force that no precedent is absolutely binding, but is...

02 November

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Why I fought for video recording of Court proceedings (old article)

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Why I fought for video recording of Court proceedings (old article) Mathews J Nedumpara 98205 35428 What prompts me to pen these few lines is a query from one of the few law students who started interning with me recently. The query was, what is the inspiration for me to initiate the campaign titled National Lawyers’ Campaign for Judicial Transparency and Reforms and the video-recording of proceedings of all Courts and Tribunals in the country as its prime objective. 1. I had no difficulty to answer the query because of the injustice which I personally had to undergo, for, the Judges enjoy absolute immunity...

02 November

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Quiz Challenge: Identify a Unique Legal Principle from Supreme Court Judgments

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Quiz Challenge: Identify a Unique Legal Principle from Supreme Court Judgments Mathews J Nedumpara President,NLC 98205 35428 Quiz 1. The Supreme Court of India since its inception has rendered thousands of judgments and it is quoted across the country as the law laid down by the Supreme Court, nay, even as "law of the land". Could any one who comes across this, point out one principle which did not exist before, which the Supreme Court evolved for the first time for the resolution of an issue before it and which, thus, is binding on all courts and tribunals in this country, other than the...

02 November

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Hurra Vs. Hurra, a judgment in ignorance of elementary jurisprudence

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Hurra Vs. Hurra, a judgment in ignorance of elementary jurisprudence Mathews J Nedumpara 98205 35428 Judgments are of two types. The first category is where a judgment, whether right or wrong, is final, authoritative and binding. The second category is where the judgment is not authoritative, binding and final, even where it is right. The first category of judgements which are final and binding even where it is erroneous can be corrected only if the statute has prescribed for a mechanism of correction by way of a revision or appeal. The second category of judgements which are not final or authoritative even where...

02 November

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Progeny Judges’ Chart- Supreme Court of India

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Progeny Judges' Chart- Supreme Court of India Mathews J Nedumpara President, NLC 98205 35428 Progeny Judges' Chart- Supreme Court of India The truth of the Indian judiciary has long been hidden from the public domain. The contempt jurisdiction was used as a tool to prevent the people of this country coming to know what truly is our judiciary. Everything was shrouded in mystery. No critical comments are permitted. It remained to be an absolutely opaque, non transparent institution. I can in all humility assert that we initiated the movement of transparency by campaigning for video recording of court proceedings, telling the world that when the...

02 November

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Simple solution for reducing pendency of cases is to do away with “precedents” nay, repeal of Article 141 of the Constitution.

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Simple solution for reducing pendency of cases is to do away with “precedents” nay, repeal of Article 141 of the Constitution. Mathews J. Nedumpara 98205 35428 Simple things can be done in simple ways; Hard things too can be done in simple ways; But it requires an inventive brain And can be done without much strain” 1. The above words of a poet, I believe, should be the guiding lamp when we think of judicial reforms. There are two streams of administration of justice, one, the civil law system followed in the European continent and the Latin America, and the other the common law system followed in UK, India,...

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