28 October

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BEFORE THE HON’BLE HIGH COURT OF KERALA AT ERNAKULAM

BEFORE THE HON’BLE HIGH COURT OF KERALA AT ERNAKULAM W.A. No. of 2024 (Against the order dated 23-10-2024 of this Honourable Court in IA No.1/2024 in WP(Civil) No. 30885 /2024) M/s. SARK Spice Produce Pvt. Ltd. & Anr. : Appellants/Applicants/Petitioners V/s Reserve Bank of India & Ors. …Respondents/ Respondents/ Respondents S Y N O P S I S The 1st petitioner is an MSME enterprise, which had availed credit facilities from the respondent-bank by mortgaging properties to the latter. Being an MSME-borrower, registered under the MSMED Act, 2006, the 1st petitioner/Micro enterprise was entitled to the benefits under the various statutory notifications and circulars issued by the MSME Ministry and the Reserve Bank of...

28 October

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BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Writ Appeal. No. In of 2024 W.P. (C) No. 41576 of 2023

Posted by Mathews J Nedumpara

in Petitions

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Writ Appeal No. In of 2024 W.P. (C) No. 41576 of 2023 (Against the Judgment dated 24-10-2024 of this Honourable Court in W.P. (C) No. 41576/2023) P.K. KRISHNA KUMAR & ANR : Appellants/Petitioners Vs. INDUSIND BANK & ORS : Respondents/Respondents S Y N O P S I S The impugned Judgment suffers from factual and legal errors, apparent on the face of it, warranting a review thereof. The appellant is the Proprietor of M/s. Powerplus Power Unit, Eda Kochi, which had availed of credit facilities from the 1st respondent’s branch at M.G Road, Ernakulam District. Being an MSME-borrower registered under the...

25 October

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No PIL can be filed as a private case but only as a representative proceedings

Posted by Mathews J Nedumpara

in Blogs/Articles

1. With the Supreme Court and High Courts entertaining PILs and sometimes instituting suo motu PILs and coming to the rescue of the common man against every form of injustice and corruption, the new jurisprudence evolved by the Supreme Court in the early 1980s became extremely popular. The scenario today is that Chief Ministers, nay, even the Prime Minister could be at the mercy of the PIL petitioners/the Court in the face of allegations of corruption which even CMs are not immune from. Still worse, in moments of crisis as in the recent past where people in Delhi were in...

23 October

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

Posted by Mathews J Nedumpara

in Blogs/Articles

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 range...

22 October

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Mullaperiyar Dam – Press Release: Supreme Court’s 2014 Judgment and the Doctrine of Res Judicata

Posted by Mathews J Nedumpara

in Open Letters

The Supreme Court in the year 2014, in State of Tamil Nadu v. State of Kerala, held that the judgment of the 3-judge bench of the SC in the year 2006, that the dam is safe and that the water level can be raised to even 152 ft after carrying out certain safety work, is binding on the state of Kerala as “res judicata”. The court also held that the Kerala legislature has no power to undo a judicial decision. The court further held that the plea of the Government of Kerala, that for the safety of the people of...

17 October

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The new lady justice statue unveiled by the Chief Justice

Posted by Mathews J Nedumpara

in blog|press, Blogs/Articles

Mathews J Nedumpara 17.10.202498205 35428. The new lady justice statue unveiled by the Chief JusticeWas taken aback to find this news. I thought it had to be misreported. The statue of lady justice is no longer blindfolded inviting the derision from the common people that depicts the truth of Indian judiciary where the only true law is the face law. The sword is replaced by the constitution. The lawyers and litigants familiar of the working of the Supreme Court is fully aware that Article 32 and 137 has quite literally been erased from the constitution inasmuch invariably all 32 petitions,...

15 October

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Writ Petition Filed in 2016 Against the Outdated and Barbaric Law of Contempt

Posted by Mathews J Nedumpara

in Petitions

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. ...

06 October

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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.

Posted by Mathews J Nedumpara

in Open Letters

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 de-registering the same. Complaint – reg. 1. I address your Lordship with a heavy heart as one who has spent...

06 October

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

Posted by Mathews J Nedumpara

in Blogs/Articles

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...

05 October

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Open letter to the CJI complaining of the rejection of the petition against the Collegium by his Registrar

Posted by Mathews J Nedumpara

in Open Letters

MATHEWS 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...

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