26 February

Sticky

Referring Questions of Law to Larger Benches is in Ignorance of the Doctrine of Stare Decisis

Referring Questions of Law to Larger Benches is in Ignorance of the Doctrine of Stare Decisis By Mathews J. Nedumpara It is said that even Homer nods at times, meaning that sometimes even very eminent and scholarly men err, for, to err is human. Lord Halsbury, known for his monumental work titled “Halsbury’s Laws of England”, in London Street Tramways Co. v. London County Council [1898] AC 375 (HL), had held that House of Lords is bound by its own decisions. That was a great deviation from the view hitherto then in force that no precedent is absolutely binding, but is only...

26 February

0 Comments

Sticky

Who is responsible for demolition of Maradu homes – an injustice which has no parallel in history

Posted by Mathews J Nedumpara

in Blogs/Articles

Keralites across the breadth and width of the globe, nay, millions of people, with bated breath, watched five apartment buildings in Maradu, a prime location of Cochin surrounded by lakes and lush green, crumble down with a mushroom of dust being formed, as if an atom bomb has been dropped. While a few sadists, insane minds, knowing not what the ramifications are, celebrated, clapping their hands and beating drums, millions all over the world were deeply pained by the demolition, which was nothing but madness. They could not believe their eyes and they pondered why such madness was allowed to...

26 February

0 Comments

Sticky

Ravenous wolves in the clothing of a sheep

Posted by Mathews J Nedumpara

in Blogs/Articles

Mathews J Nedumpara President Campaign For Home For All. 28.5.2020 " Ravenous wolves in the clothing of a sheep " The miseries which the millions of migrant labourers had to face with the imposition of the lockdown, so too its easing no words can adequately describe. It would wrench the hearts of even the most hardened ones. But the question is: could the governments be entirely blamed for the same even while fully accepting that there has been great shortcomings even in Kerala which has managed the Covid pandemic exceedingly well? But the question is: are not these functions falling under the exclusive province of...

26 February

0 Comments

Sticky

In the Supreme Court of India Civil Original Jurisdiction Writ Petition (c) no.____of 2019

Posted by Mathews J Nedumpara

in Blogs/Articles

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.____OF 2019 BETWEEN Mathews J. Nedumpara &Ors. ...

26 February

0 Comments

Sticky

The allegation that Justice B S Indrakala, judge of Karnataka High Court gave a bribe of Rs. 8.5 crore for securing the post of Governor is nothing but the tip of the iceberg

Posted by Mathews J Nedumpara

in Blogs/Articles

The allegation that Justice B S Indrakala, judge of Karnataka High Court gave a bribe of Rs. 8.5 crore for securing the post of Governor is nothing but the tip of the iceberg. Corruption in judiciary is a reality. It is rampant, maybe even of a greater scale than in other departments of the government. I happen to be back in Kerala High Court after a gap of almost 20 years due to the Covid-19 pandemic. To my utter shock even the Kerala High Court had changed. A number of allegations were brought to my notice. They wanted me to...

26 February

0 Comments

Sticky

In The Supreme Court of India Civil Original Jurisdiction Review Petition (Civil) No. ___ of 2018

Posted by Mathews J Nedumpara

in Blogs/Articles

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION REVIEW PETITION (CIVIL) NO. ___ OF 2018 IN WRIT PETITION (CIVIL) 1303 OF 1987 [Seeking review of the judgment dated 06/10/1993 passed by this Hon'ble Court in Writ Petition (Civil) 1303 of 1987 reported as Supreme Court Advocates-on-Record Association And Anr. v. Union of India, (1993) 4 SCC 441] National Lawyers’ Campaign for Judicial Reforms and Transparency, represented by its Secretary, A.C.Philip & Ors REVIEW PETITIONERS IN THE MATTER OF: The Supreme Court Advocates-on-Record Association and anr . …..PETITIONERS VERSUS The Union of India …..RESPONDENT WITH IA.NO. OF 2018 Application seeking a declaration that there is no delay in filing the Review Petition/Condonation of delay. WITH IA.NO. OF 2018 Application for...

26 February

0 Comments

Sticky

Writ petition (c) no. 1259/2019 seeking directions of the implementation of the judgement of the Supreme Court in Swapnil Tripathi v. Supreme Court of India, in which I was also a party. Namely, WP (c) no. 861 of 2018

Posted by Mathews J Nedumpara

in Blogs/Articles

25.3.2021 To, 1. Secretary General Supreme Court of India 2. Registrar, Judicial Supreme Court of India 3. Office in charge of listing of cases 4. Section officers and other dealing Assistants in charge of listing Sub: Writ petition (c) no. 1259/2019 seeking directions of the implementation of the judgement of the Supreme Court in Swapnil Tripathi v. Supreme Court of India, in which I was also a party. Namely, WP (c) no. 861 of 2018. The Writ petition on the subjected cited above has been pending for the last more than 2 years and it has not even once been listed after its final numbering, though, I made repeated...

26 February

0 Comments

Sticky

Is our legal system redeemable?

Posted by Mathews J Nedumpara

in blog|press

Mathews J Nedumpara President, NLC. 98205 35428 25.3.2021 Press Release Is our legal system redeemable? When Government enacts laws which result in injustice there are all means of correction. Laws can be amended, could be questioned in court, can be criticized, and agitation even bringing the Government to its knees, is possible and we have witnessed it recently concerning the farm laws. But, when the grave injustice arises out of judicial pronouncements, rendered behind the back of the person's affected, sometimes a single individual and sometimes thousands of people as the cases of the slum dwellers in Bombay. When the High court passes an order against...

26 February

0 Comments

Sticky

I agree to a large extent with Justice Gogoi that the justice delivery system in India is ramshackled

Posted by Mathews J Nedumpara

in Blogs/Articles

Mathews J Nedumpara 98205 35428 28.02.2021 I agree to a large extent with Justice Gogoi that the justice delivery system in India is ramshackled. Though I prefer to use a different terminology. It is certainly facing a grave crisis. The question is who is responsible. I cannot comment on the role of the judges and I refrain from doing so. I would only say people like Justice Gogoi have no morale right to lament. It is the so called legal luminaries who destroyed the institution of judiciary. They reduced the absolutely useful tool of stare decisis, nay, precedent to a number game introducing...

26 February

0 Comments

Sticky

Arun Mishra rejected the request of the Maradu flat owners for some time

Posted by Mathews J Nedumpara

in Blogs/Articles

20.02.21 Arun Mishra rejected the request of the Maradu flat owners for some time, few days, to vacate their homes after it was ordered to be demolished, stating that not even one minute will be granted. I was witness to that. The press, the government and the political leaders in kerala remained mute. Nobody pointed out that he had no authority to order such demolition. His job was to adjuducate whether the statutory bodies ordering demolition was right or wrong, had it ordered demolition. The statutory authority had only issued a show cause notice which the high court set aside. The...

Disclaimer: