09 July

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The painful and wholly avoidable hardship and injustice caused to the litigant public by the unfortunate manner in which the affairs of the Court are conducted during the vacations

MATHEWS J. NEDUMPARA Advocate 101, Gundecha Chamber, Nagindas Master Road, Fort, Mumbai- 400 001 e-mail: nedumparaassociates@gmail.com Mob no.:9820535428/ 9920398035 31st October, 2024 OPEN LETTER To, Hon’ble Shri Devendra Kumar Upadhyaya, Chief Justice of the High Court of Judicature At Bombay May it please your Lordship, Sub: The painful and wholly avoidable hardship and injustice caused to the litigant public by the unfortunate manner in which the affairs of the Court are conducted during the vacations. 1. My humble Self, as a Lawyer primarily practicing in the High Court of Bombay, one who by sheer accident happened to come as an outstation Lawyer, has been watching with a sense of despair and helplessness,...

09 July

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JUDICIAL IMMUNITY/TORTIOUS LIABILITY

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Mathews J Nedumpara 98205 35428 23.06.2024. JUDICIAL IMMUNITY/TORTIOUS LIABILITY “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...

09 July

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No recovery against MSMEs without attempt at revival as provided by law.

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No recovery against MSMEs without attempt at revival as provided by law. -Mathews J. Nedumpara 98205 35428 11.09.2024. 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...

09 July

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Letter

Posted by Mathews J Nedumpara

in Open Letters

MATHEWS J. NEDUMPARA Senior Partner NEDUMPARA & NEDUMPARA Law Firm 304, Hari Chambers, 3rd Floor, 58-64, S.B.S Road, Fort, Mumbai-23 Mob: +91 9820535428 E-mail: nedumpara2004@yahoo.com, nedumpara2004@hotmail.com Date:24th March, 2015 1) His Excellency Shri Pranab Mukherjee, President of India, Also to 2) His Excellency Shri H.M. Ansari, Vice-President of India, 3) Hon'ble Shri Narendra Modi, Prime Minister of India, 4) Hon'ble Shri H.L. Dattu, Chief Justice of India, 5) Hon'ble Shri D.V. Sadananda Gowda, Minister for Law & Justice 6) Hon'ble Smt. Sumitra Mahajan, Speaker, Lok Sabha, 7) Hon'ble Judges of the Supreme Court, Supreme Court of India, MAY IT PLEASE YOUR EXCELLENCIES/ LORDSHIPS/MADAM/SIRS, The instant is a letter which has no parallel in the annals of history. The author of this letter is a lawyer...

09 July

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Kinship Chart of the judges of the Supreme Court of India

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in Open Letters

Mathews J Nedumpara 98205 35428 5.02.2025 Kinship Chart of the judges of the Supreme Court of India The preparation of the chart has been no mean task, for no official data is available. The data has been collected from members of the bar across the country who volunteered information. The chart is not complete. It may also contain certain inaccuracies. However, for all practical purpose the chart does paint complete picture of the nepotism and favoritism in the appointment of judges and the designation of lawyers as senior advocates. The data above would undoubtedly show that there can hardly be a case where the...

09 July

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Abolition of senior designation case listed tomorrow ie 7th Feb 2025 in SCI

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Mathews J. Nedumpara 98205 35428 6.2.2025 Abolition of senior designation case listed tomorrow ie 7th Feb 2025 in SCI The petition under Article 32 instituted by my humble self and 19 others seeking a declaration that Sections 16 and 23(5) of the Advocates Act are void inasmuch as it divides lawyers into two classes which only serves the elite at the cost of equally, if not more, competent and deserving lawyers who are not from privileged backgrounds and has led to the legal profession and the higher echelons of the judiciary being monopolized, if not, hijacked by a few scores of families, is listed...

09 July

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Nothing is more laughable and contrary to the elementary principles of jurisprudence than the so-called basic structure theory, based on which the Supreme Court has rendered hundreds of judgements and even quashed the NJAC

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Nothing is more laughable and contrary to the elementary principles of jurisprudence than the so-called basic structure theory, based on which the Supreme Court has rendered hundreds of judgements and even quashed the NJAC Mathews J Nedumpara 98205 35428 It is known even to a law student that only a person aggreived, namely, one whose rights are infringed, alone can go to a Court, and where the fundamental rights are infringed, one could go straight to the Supreme Court under Article 32. Without pleading infringement of a right, no one can go to a court. This is a universal principle. But the celebrated...

09 July

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Distinction between judgement in rem and personam.

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*Mathews J. Nedumpara* 98205 35428 23.02.2025 Distinction between judgement in rem and personam. Proceedings in rem does not mean that a Court can, by its judgment, affect the rights of a person who is not a party before it. No court has the power to adversely affect the rights of a person who is not before it, no matter whether the proceedings are in rem or in personam. The perception that a person’s rights can be adversely affected without him on the party array for the reason that the proceedings in question is in rem, is a misconception. It only means that where a...

09 July

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Criminal Appeal No. – of 2025 (Arising out of SLP (CRL.) No. 4299 of 2024)

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*Abolition of Senior Designation* An open letter. *Mathews J Nedumpara* 98205 35428 10.03.2025. To *The Hon’ble Chief Justice of India* May it please your Lordship, Sub: Criminal Appeal No. – of 2025 (Arising out of SLP (CRL.) No. 4299 of 2024) Jitender@Kalla Appellant Versus State (Govt of NCT of Delhi) & Ors.. Respondent 1.A division bench of this Hon’ble Court consisting of their Lordships Justice A S Oka and Justice A G Masih while disposing of the aforesaid criminal appeal has been pleased to direct the registry of the Court to place a copy of their judgment before your Lordship to consider whether the issues flagged by the Bench deserve to be...

09 July

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There is no res judicata, estoppel, waiver or acquiescence against law, particularly one which casts a public duty on a statutory authority. Read the Argument notes by Nedumpara.

Posted by Mathews J Nedumpara

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BEFORE THE HON’BLE HIGH COURT OF KERALA AT ERNAKULAM W.P. (C) No. 42050 of 2025 M/s. Sark Spice Products Pvt. Ltd. & Anr. …Petitioners V/s Reserve Bank of India & Ors. …Respondents ARGUMENT NOTES FILED BY THE COUNSEL FOR THE PETITIONERS I. The case of the Petitioners i. The Petitioner is an MSME (Small enterprise) registered under the MSMED Act. The notification dated 29.5.2015 mandates the Banks and financial institutions to constitute a committee and make an application to it at least when the bank notices a default in the account of an MSME, namely, where the principal and interest have not been serviced for a period...

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