Are not the civil courts the real ‘constitutional courts’?
Posted by Mathews J Nedumpara Are not the civil courts the real ‘constitutional courts’?– Mathews J Nedumpara1st July 202098205 35428 In the last two decades or so, we have often heard the elite lawyers in Delhi referring to the Supreme Court as constitutional courts which gives the impression to the common man that the Supreme court and […]
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 words
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 […]
Yashwant varma review article
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Those Who Opposed NJAC Have No Moral Right to Criticize the Appointment of Justice Pancholi or CJI Gavai’s Nephew.
Mathews J Nedumpara. 98205 35428. 29th August 2025. (1) The judiciary is one of the most revered institutions of our democracy. But reverence must not be mistaken for immunity from scrutiny. Judicial power, like any other form of public power, must be exercised transparently, accountably, and in the service of the people. (2) […]
Writ Petition No. 4777 of 2025 – Seeking Livestreaming and Preservation of Video Records of Court Proceedings to End the Ill-treatment of Lawyers and Litigants. Title
*Mathews J Nedumpara* 98205 35428 30th April 2025. 9.50am *Live streaming of the proceedings of the Bombay High Court* “Publicity is the very soul of justice, it is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself, while trying, under trial – where there is no […]
Those Who Opposed NJAC Have No Moral Right to Criticize the Appointment of Justice Pancholi or CJI Gavai’s Nephew.
Mathews J Nedumpara. 98205 35428. 29th August 2025. (1) The judiciary is one of the most revered institutions of our democracy. But reverence must not be mistaken for immunity from scrutiny. Judicial power, like any other form of public power, must be exercised transparently, accountably, and in the service of the people. (2) […]