26 February

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There is no way to salvage our legal system unless and until we abandon the current practice of treating res judicata as precedent

In this country, the distinction between the concept of res judicata and precedent is largely forgotten. As a result, a judgment of a superior court in a case between A and B, which may be erroneous but binding on the said parties, becomes binding on C and D, nay, on posterity as the law of the land. Often it is misconceived that every word of a judgment of a superior court is binding, the law of the land. Seldom is it realized that it is difficult to name even a single principle which never ever existed, which our Courts since...

26 February

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Nedumpara’s Letter to CJI on judicial Reforms

Posted by Mathews J Nedumpara

in Blogs/Articles

2nd September 2021 Hon'ble Shri. N.V.Ramana,Chief Justice India, New Delhi May it please your Lordship, Sub: Judicial reforms to secure equal opportunities for all sections of lawyers in judicial appointments/as law officers of the government and public bodies, bringing an end to discriminative practices like designation and separate dress code which has a seeming imprimatur, audience to discuss these and other vital issues – Reg. I, as the President of the National Lawyers Campaign for Judicial Transparency and Reforms (NLC), a campaign which is born out of the unjust and unfair practices meted out to the common litigants and lawyers, have been demanding radical...

26 February

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Has not Article 137 of the constitution providing for review become otiose, so too, the curative jurisprudence created through judicial legislation, unknown to jurisprudence elsewhere in the world.

Posted by Mathews J Nedumpara

in Blogs/Articles

20.8.2021 One of the senior most members of the NLC, out of anguish that SLPs, review petitions and curative petitions are dismissed in one-line/stereotypical orders, preferred an application under the RTI Act seeking the data concerning the total number of petitions filed under each category, the average time taken for hearing and final disposal and the percentage of such petitions being allowed or dismissed. The Registry of the Supreme Court replied to him saying that the Court does not maintain any data concerning the same, even as to the number of matters dismissed or allowed. However, he did not give up....

26 February

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“Lord, forgive them for they know not what they do”, adieu Justice Nariman”

Posted by Mathews J Nedumpara

in Blogs/Articles

11.08.2021 The common citizens, particularly, the informed section, are proud that we have one of the best and most comprehensive constitutions in the world. Our constitution has a specific chapter stating in great elaboration, the sacrosanct rights such as equality, freedom of speech and expression, life and personal liberty, faith and conscience, etc. By virtue of Article 32 when these fundamental rights are infringed, a citizen as a matter of right, is entitled to approach the Supreme Court directly without recourse to any other Court, though otherwise the law is that one shall invoke the jurisdiction of the lowest court of...

26 February

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Court Mandated Capture of the Churches of the Jacobite Christians- Who Is At Fault?

Posted by Mathews J Nedumpara

in Blogs/Articles

1. Kerala, today, faces the curious scenario of the High Court ordering forceful takeover of the churches of the Syrian Jacobite Christians owing allegiance to the Patriarch of Antioch, in the purported implementation of the orders of the Supreme Court with many a bench of the High Court asserting that ‘rule of law’ being the very basic feature of the Constitution, the executive is dutybound to enforce the judgments of the Supreme Court, even if it would mean deploying central forces. The state government through none less than the Chief Secretary stated on oath that it is dutybound to implement...

26 February

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Rohini Amin’s Appeal to the Members of Parliament to protect the Parliament from judicial invasions

Posted by Mathews J Nedumpara

in Blogs/Articles

Rohini AminGeneral Secretary, National Lawyers Campaign For Judicial Transparency And Reforms07.08.2021Hon’ble Members of Parliament and State Legislatures, Our constitutional democracy is founded on the principle that Parliament being the representative body of the people is Supreme. However, if a law enacted by the Parliament violates fundamental rights it is void being in violation of the very Constitution. There can be no dispute about it. However, abusing the concept of judicial review and through a mechanism called PIL which is against the very fundamentals of jurisprudence the courts have trenched into the domain of the executive and legislature. And as a result in...

26 February

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Pray for our country

Posted by Mathews J Nedumpara

in Blogs/Articles

Except a few, very few, all the SC and HC judges owe their office to their families and connections. Office of the Judges , so too "Sr.designation" are inheritance. Except a few nice souls, the majority think they are Kings and carry blue blood on their veins. Arrogance and pride is their hallmark. Now, like Kings they rule the country through "Suo motu" proceedings where they are the actor( plaintiff) and judex ( judge), both at once. Hypocrites like Dushant Dave and Prashant Bhushan by clamoring for "suo motu" action has been giving legitimacy for the naked violation of the...

26 February

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Ignorance is not always a bliss

Posted by Mathews J Nedumpara

in Blogs/Articles

Prashant Bhushan's opinion (on Modi government's alleged writing off bad loans of big companies) is wholly faulty and is based on a common misconception. He should have, as a lawyer, studied the subject before attacking the Government. I say so, because the Government has no role whatsoever, at all. Banks are obligated to write off bad debts under the accounting standards which are mandatory. Banks write off thousands of crores of rupees every year. If they don't do so, their balance sheets will not disclose the true and fair state of its financial affairs. Bad loans, be it of Nirav Modi's...

26 February

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Syrian Jacobite Christians of Kerala had to suffer injustice only because eminent lawyers who conducted their cases were unfamiliar of the true ramifications of the concept of res judicata, res inter alios and stare decisis. (Read the synopsis of the Review Petitions by Sri. Nedumpara)

Posted by Mathews J Nedumpara

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Synopsis The Petitioners are constrained to file this review, sadly, only because this Honble court, the Petitioners beg to submit with all humility and with utmost respect, failed to record the core of their contention that the instant church in question, and for that matter not a single out of the 1064 churches of the Malankara Syrian Jacobite Church, was a party to the Samudayan case which has culminated in the judgement of the 5-judge constitution bench of the Supreme Court, namely, AIR 1959 SC 31 and, therefore, the said judgement is not binding on the Petitioner church and others. Had...

26 February

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Abolish sedition and contempt of court by scandalization, both

Posted by Mathews J Nedumpara

in Blogs/Articles

In the 11-13th century, the monarch was not very powerful. He had to depend on barons for support. The King did not interfere in the affairs of the barons who were even allowed to run parallel governance, even courts. As time passed every crime was taken as a breach of the King's peace and was to be tried by the courts which sat in sessions, appointed by the king. Of all the offences, sedition, namely, even expressing a wish for the death of the King, his wife or family members was considered to be sedition. Between law of contempt and...

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