Sub: To declare that the Contempt of Courts Act, 1971 is unconstitutional and void, or at least Sections 2(c)(i), 14, 16 and 17(5) thereof IN THE HIGH COURT OF KERALA IN ITS EXTRA-ORDINARY ORIGINAL JURISDICTION W. P.(C) NO. 14564OF 2016 Mathews J. Nedumpara … Petitioner Versus Union of India & Ors. ...
Continue readingMATHEWS J. NEDUMPARA Advocate 101, Gundecha Chambers, Nagindas Master Rd, Kala Ghoda, Fort, Mumbai, Maharashtra 400001 Mob: +91 98205 35428/99679 69256 E-mail: mathewsjnedumpara@gmail.com 5th October, 2024 OPEN LETTER Hon’ble Mr. Justice Dr D.Y. Chandrachud Chief Justice of India May it please your Lordship, Sub: Rejection of W.P (diary) no. 41768 of 2024 instituted by my humble self and 9 other citizens, lawyers and litigants, in challenge of the order dated 24.4.2024 of the Registrar, Judicial, dismissing W.P no. 1005 of 2022 seeking the abolition of the collegium and seeking restoration of the NJAC, an open, transparent, competitive, merit-based selection of the judges of the High Courts and Supreme Court, by...
Continue readingHon’ble Mr. Justice Dr. D.Y Chandrachud Chief Justice of India May it please your Lordship, Sub: Rejection of W.P (diary) no. 41768 of 2024 instituted by my humble self and 9 other citizens, lawyers and litigants, in challenge of the order dated 24.4.2024 of the Registrar, Judicial, dismissing W.P no. 1005 of 2022 seeking the abolition of the collegium and seeking restoration of the NJAC, an open, transparent, competitive, merit-based selection of the judges of the High Courts and Supreme Court, by de-registering the same. Complaint – reg. 1. I address your Lordship with a heavy heart as one who has spent...
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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 it is correct can be questioned by direct proceedings, namely, by...
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To, Hon’ble Prime Minister Law minister Finance minister Minister for MSMEs Secretaries to the Govt of India in the depts/ministries of legal affairs, banking, MSMEs. Hon’ble Prime Minister/Sirs/Mesdames Sub: The total abdication of the responsibility under the MSMED Act on the part of Advait Sethna, counsel for the Central government/senior officers of the Ministeries/Departments of MSMED/Finance, RBI, to support the legislative intention behind the MSMED Act and the notification dated 29.5.2015 providing for the nursing and care of MSMEs - reg. I address the Hon’ble Prime Minister/Ministers and Secretaries of the Government of India, as a lawyer who has been relentlessly fighting...
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Economists believe that in a decade or two India is going to be the world’s third largest economy. Our country, once starved for foreign exchange, now probably attracts more foreign exchange than any other country. The reason is the demographic advantage we have. Most of the developed world, Europe, Japan, China, are aging. We are the youngest country in the world in the sense that 60% of the population is within the ages of 20 to 60, the work force. However, many economists are not as optimistic as others. The reason is that the majority of the population in the...
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“Rex non potest peccare”, namely that the king can do no wrong, is a fundamental principle of law. Stated in simple terms, the king is not liable for any action of his agents and servants. This concept, over the centuries, was much diluted with many an exception being accepted. Today, except judicial function, the king, namely, the sovereign, is liable for the tortious action of his delegate/trustee/servant. The sovereign immunity is not absolutely available even against the armed forces. The concept of absolute immunity which the judges of the superior courts in India enjoy and assert can be traced to...
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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 in the discharge of their official function and for all practical purposes...
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The common law, which we adopted by way of Article 372 of the constitution, is the very foundation of our legal system. Precedent, initially in the form of year books and later in the form of reported judgements is one of the major sources of common law, others being Roman law, statute and custom. The treaties of the laws of England by Chief Justice Coke in the 16th century, by Blackstone in the 17th century and by Halsbury in the 19th century are largely based on case laws. The case laws contain the reasoning and the principles evolved by the...
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“Rex non potest peccare”, namely that the king can do no wrong, is a fundamental principle of law. Stated in simple terms, the king is not liable for any action of his agents and servants. This concept, over the centuries, was much diluted with many an exception being accepted. Today, except judicial function, the king, namely, the sovereign, is liable for the tortious action of his delegate/trustee/servant. The sovereign immunity is not absolutely available even against the armed forces. The concept of absolute immunity which the judges of the superior courts in India enjoy and assert can be traced to...
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