26 February

Sticky

An appeal to the people

An appeal to the people Today is probably one of the saddest days in my life as a lawyer. Sri Harish Salve, whom the media has always glorified as one of the greatest of lawyers for his hair splitting arguments, a national icon since his appearance in Kulbhushan Jhadav, reduced himself to be one of the very ordinary lawyers, a defacto psychofant, agreeing to every word of the court, servile to the very core and betraying the state of Kerala whom he represented. The court took a very high moral standing, that it is ordering the demolition of the building to...

26 February

0 Comments

Sticky

Questions of law

Posted by Mathews J Nedumpara

in Blogs/Articles

(A) If a surgeon of a Government hospital, who conducts a cesarean operation, negligently leaves a scissor inside the belly of the patient leading to fatal consequences is liable under civil and criminal laws; so too the State, his employer, will not similar principle apply in a case, as the instant one, where the 1st Respondent, Presiding Officer, DRT-II, Mumbai, who fails to discharge his statutory function in the manner expected of him, which requires him to conduct a summary trial while adjudicating an application under Section 17 of the SARFAESI Act, which would mean the parties to the lis...

26 February

0 Comments

Sticky

Res judicata qua stare decisis- Is our constitutional law built on sand?

Posted by Mathews J Nedumpara

in Blogs/Articles

Res judicata qua stare decisis- Is our constitutional law built on sand? Thanks a lot for taking the trouble to read the 26 page review petition. I would recommend to all lawyers and even non lawyers with an academic interest in matters concerning law to carefully go through the same. Even the greatest of judges and lawyers failed to notice that what is binding so far as the concept of res judicata is concerned is the decision. For instance, where a majority in a bench of five judges (4:1) hold a goat as a dog from the point of view of...

26 February

0 Comments

Sticky

Demolition of Maradu homes- fundamental questions further explained

Posted by Mathews J Nedumpara

in Blogs/Articles

Mathews J. Nedumpara I addressed a letter dated 24th September, 2019 to the Chief Minister and Chief Secretary of Kerala and other high constitutional functionaries expressing my apprehension that Shri Harish Salve, one of the most celebrated lawyers of the country, who effectively defended the case of Shri Kulbhushan Jadhav in the International Court of Justice and thus became a household name and a great icon, may not be able to do justice to the Government of Kerala, his client, so too to the hapless flat buyers of Maradu who are to be rendered homeless because the contentions which he is...

26 February

0 Comments

Sticky

Saving the Maradu Homes- Amendment of the CRZ to give it retrospective effect is the simplest and ethical solution

Posted by Mathews J Nedumpara

in Blogs/Articles

The Complete text of the article written by Shri Mathews J. Nedumpara which is published in the Times of India, today. Saving the Maradu Homes- Amendment of the CRZ to give it retrospective effect is the simplest and ethical solution The supreme court ordered demolition of the 5 Buildings (apartments) at Maradu, Cochin on the finding that, it is in violation of CRZ-III. The Supreme court did not take notice of the fact that by notification issued in 2011 by the Central Government, Maradu was brought under the CRZ-II which would mean that if the buildings in question if were to be...

26 February

0 Comments

Sticky

Supreme Court of India or the Court of Henry ll?

Posted by Mathews J Nedumpara

in Blogs/Articles

Mathews J Nedumpara 98205 35428 12.5.2021 Supreme Court of India or the Court of Henry ll? Many of us may not know our connection with the Roman law. Julius Caesar invaded Britain in 55 BC and England was under the Roman rule from AD 43 to AD 410. The Romans made many highways, some of which are in existence even today. I make a mention of highways because it has a connection with our criminal jurisprudence. In the early medieval days, all crimes were not considered as an offence against the king and his peace. Offences like treason, disseisin (seizing of land belonging to...

26 February

0 Comments

Sticky

Are not the civil courts the real ‘constitutional courts’?

Posted by Mathews J Nedumpara

in Blogs/Articles

Are not the civil courts the real 'constitutional courts'? 14.4.2020 Mathews J Nedumpara In the last two decades or so, we have often heard the elite lawyers in Delhi referring to the Supreme Court as constitutional courts which gives the impression to the common man that the Supreme court and High courts are the only courts empowered to interpret the constitution. The question is, in doing so, are they not committing a fraud on the constitution. I have, in my article titled, 'Ten myths of constitutional law', dealt with at some length of the falsehoods which have become gospel truths and to doubt...

26 February

0 Comments

Sticky

An open letter to the Hon’ble PM, CJI, Chief Justices of the High Courts, Members of Parliament

Posted by Mathews J Nedumpara

in Blogs/Articles

MATHEWS J. NEDUMPARA President NATIONAL LAWYERS’ CAMPAIGN FOR JUDICIAL TRANSPARENCY AND REFORMS 12 F, A Wing, Narayan A Sawant Rd, Azad Nagar, Colaba, Mumbai 400005 E-mail: mathewsjnedumpara@gmail.com Mob:9820535428 13.3.2021 AN OPEN LETTER TO THE HON’BLE PM, CJI, CHIEF JUSTICES OF THE HIGH COURTS, MEMBERS OF PARLIAMENT Hon’ble Sirs and Mesdames, 1. When Hon’ble Justice Indu Malhotra was elevated as a judge of the Supreme Court of India, the undersigned, who is only too conscious of his insignificance, had an immense sense of happiness and joy. There is yet another instance where I was extremely jubilant, that was when the NJAC bill was introduced in the Parliament. Mrs. Indu...

26 February

0 Comments

Sticky

National Lawyers’ Campaign For Judicial Transparency And Reforms 31.3.2014

Posted by Mathews J Nedumpara

in Blogs/Articles

National Lawyers' Campaign For Judicial Transparency And Reforms 31.3.2014 Objectives 1) Abolition of Collegium system of appointment and transfer of judges and the substitution of the same by an independent judicial appointments commission where neither the executive nor the judiciary will have a primacy.The NJAC shall advertise the vacancies and invite applications from all eligible candidates; 2) Creation of a Judicial Ombudsman to deal with the complaints of corruption and malpractices against judges; 3) Audio/video-recording of proceedings of all Courts and Tribunals and access to such records to the litigants, lawyers and public; 4) Reintroduction of the policy of transfer of 1/3rd of judges out of their...

26 February

0 Comments

Sticky

Shri. Mukal Rohotgi, a failed Attorney General?

Posted by Mathews J Nedumpara

in Blogs/Articles

Mathews J Nedumpara President, NLC. 28.06.2020. Shri. Mukal Rohotgi, a failed Attorney General? Shri. Mukal Rohotgi's lamentations on the NJAC judgement is absolutely lacking in bonafides. In all humility, I must say that I attended the entire hearing of the case spanning over 31 days, a drama enacted by Mr. Fali Nariman and company to protect their fortress. The SCORA was a mere pawn. I was the only person other than the Central and State governments in support of the NJAC questioning the very maintainability of the so called PIL of SCORA. I pleaded that the maintainability of the PIL be decided as a...

Disclaimer: