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Continue readingMathews 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 Saiby, the President of the Kerala High Court Advocate Association who was involved in the scandal of bribe for favorable orders in the Kerala High Court, but even the judges themselves. This seems like nothing more than stating the obvious when there exists an allegation of corruption....
Continue readingMATHEWS 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, Jolly Bhavan No. 1, Vitthaldas, Thackersay Marg, New Marine Lines, Mumbai – 400 020. 3. Gaurang Chhotalal Shah, Resolution Professional, Flat No. 204, A Wing, Raj Vaibhav 1 Chs, Dhankar Wadi, Mahavir Nagar, Kandivali (w), Mumbai – 400 067 also at: 1221, Maker Chambers V, Nariman Point, Mumbai – 400 021. 4. Shri. Sunil Waghmare, Senior Inspector of Police, Rabale Police Station, Thane-Belapur Road,...
Continue readingSpeaking 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 litigant and the public at large, by means of certified copies or as uploaded on the website. However, this is an unfortunate misconception which has calamitous consequences. Instant is the classic example. 2. The bench consisting of their lordships MS Karnik and NR Borkar in their lordships’...
Continue readingMathews 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 which fundamental right of yours is infringed?" No one would dare approach the Supreme Court without recourse to any other Court unless there is a grave violation of the fundamental rights, wholly justifying the invocation of the original jurisdiction of the Supreme Court. After Kesavananda Bharati, however, "public spirited" persons with...
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Continue readingDraft SCI Mathews J Nedumpara and others Vs. Supreme Court of India and others Review Petition ( Justice varma) Application for open court hearing. How this Court deals with the complaints of corruption or other misdemeanor involving members of higher judiciary is a question which the Petitioners, nay, the people of this country, watched with bated breath to be answered when the incident of huge volumes of currency catching fire came into the public domain. The Petitioners, nay, many well-meaning citizens expected the Court to act swiftly and take stringent action, to set the criminal law in motion, direct just and fair inquiry which would bring all involved...
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Continue readingMathews 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) We should long ago have established a system for the selection and appointment of judges akin to that of the IAS, IPS, and other public services—through an open, competitive, and merit-based mechanism. Had such a system been in place, our higher judiciary would have been manned by men and women of...
Continue reading*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 publicity, there is no justice" - Bentham My petition seeking livestreaming of the proceedings of the Bombay High Court ,so too, of the courts subordinate to it is listed as Serial no. 5 for hearing before the CJ of the Bombay High Court, today. Litigants suffer injustice often without any remedy...
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