26 February

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Ne bis in idem, the simple solution for mounting arrears

Ne bis in idem, the simple solution for mounting arrears Mathews J. Nedumpara 9820535428 1. Faced with the mind-boggling burden of arrears which today is more than 3.4 crores in the case of the subordinate courts and more than 51.5 lakhs in the case of the High Courts and even 62,064 in the case of the Supreme Court, our legislature and the superior Courts invoking even legislative powers, which the founding fathers had never visualized, have created large number of tribunals in substitution of the Civil Court, even the High Court. However, far from reducing the backlogs, such laws and tribunals have contributed...

26 February

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To the faithful of the Syrian Orthodox Church of Antioch and all the East, my fellow countrymen

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Adv. Mathews J. Nedumpara 9820535428 26.7.2020 To the faithful of the Syrian Orthodox Church of Antioch and all the East, my fellow countrymen 1. The faithful of the Syrian Orthodox church of Antioch and all the East, (the Patriarch faction) are denied their freedom of conscience and faith guaranteed by the Constitution of India; not by the government or any law enacted by the Parliament, but as a result of judgements of the Supreme Court. My clients, the faithful of the Syrian Orthodox church- the Patriarch faction, blame Justice Mishra of the Supreme Court. And the extent of their anger, pain and anguish is...

26 February

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Simple solution for reducing pendency of cases is to do away with “precedents” nay, repeal of Article 141 of the Constitution

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Simple solution for reducing pendency of cases is to do away with “precedents” nay, repeal of Article 141 of the Constitution. Mathews J. Nedumpara “Simple things can be done in simple ways; Hard things too can be done in simple ways; But it requires an inventive brain And can be done without much strain” 1. The above words of a poet, I believe, should be the guiding lamp when we think of judicial reforms. There are two streams of administration of justice, one, the civil law system followed in the European continent and the Latin America, and the other the common law system followed in UK, India, America...

26 February

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Three-fourths of the judges of the SC are the sons, son in laws, nephews, brother, brother in law of former Chief Justices and judges of the Supreme Court and High Courts, senior Advocates, former governors and juniors of former judges, Lok Sabha speaker and Advocate Generals.

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Mathews J Nedumpara President, NLC. 98205 35428 12.6.2021 Three-fourths of the judges of the SC are the sons, son in laws, nephews, brother, brother in law of former Chief Justices and judges of the Supreme Court and High Courts, senior Advocates, former governors and juniors of former judges, Lok Sabha speaker and Advocate Generals. (SUPREME COURT JUDGES progeny syndrome chart as modified). The constitution vests the power of appointment of judges in the executive. However, the SC in 1993 by rewriting the constitution wrestled the power of appointment to itself, on the specious premise that to do so is necessary to ward off political influence...

26 February

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Telegraphic letter for the attention of the PM

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TELEGRAPHIC LETTER FOR THE ATTENTION OF PM 29 April 2018 To, Hon’ble Sri Narendra Modi, The Prime Minister of India Room No. 246, South Block, Raisina Hills, New Delhi Hon’ble Sri Modi Ji Subject: 1. Review of the NJAC case 2. Dismantling of the collegium 3. Audience with your kind self. Ref: Umpteen letters addressed to your Hon’ble self, some of which have not even been acknowledged. I address you sir, in a telegraphic language as the President of NLC in the hope that atleast this will receive your personal attention in view of the great national importance of the subject. 1. I was the only person who instituted a Substantive Petition...

26 February

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Four- fifths of the CJs of High Courts are sons, sons- in -law, nephews, juniors of Chief Justices, judges,Attorney Generals, Advocate Generals, Ministers et al

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Mathews J Nedumpara President, NLC 98205 35428 8.6.2021 Four- fifths of the CJs of High Courts are sons, sons- in -law, nephews, juniors of Chief Justices, judges,Attorney Generals, Advocate Generals, Ministers et al. (REVISED CHART CHIEF JUSTICES OF INDIAN HIGH COURT) 1. Our Constitution provides that the President (i.e. the executive) shall appoint the judges of the Supreme Court in consultation with the Chief Justice of India and such other judges of the Supreme Court and HCs, and in the case of judges of the High Courts the CJI and the CJ and the Governor (ie. the state executive) of the state concerned. In other words,...

26 February

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An open letter – Dear Justice K.M Joseph

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AN OPEN LETTER Dear Justice K.M Joseph, I address this letter to you as a good old friend, and in the unstinted faith that I will not be mistaken for the freedom I take as a contemporary. I was today at NUALS Cochin since my daughter Maria was one among , to quote your own words "the star for the day, the graduates". For me it was a great day, for, my daughter was to recieve the certificate of graduation. In your speech which was circulated well in advance, you said "I was informed that many who pass out from National law schools,...

26 February

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Practice what you preach, preach what you practice

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My humble request to the Hon'ble judges of the SC is, "Practice what you preach, preach what you practice " and not otherwise. 90% of the WPs involving the lives, liberties and properties of the common citizens are dismissed in limine, by a one line order, namely, 'the WP is dismissed'.99.99% of the Review Petitions are dismissed in stereotype orders in Chambers without hearing the litigant or his lawyer. The fate of the curative petitions are no different. These are undeniable facts. In all humility I beg to submit that Article 32 is only available to Ratan TATA, Harsh Mander,...

26 February

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Video recording the court proceedings, an Offence?

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Video recording the court proceedings, an Offence? Mathews J. Nedumpara. 19th September 2019 Nullum crimen sine lege, nulla poena sine lege is a Latin maxim that means "no crime or punishment without a law." There can be no crime committed, and no punishment meted out, without a violation of penal law as it existed at the time. This basic legal principle has been incorporated into international criminal law. This is also one of the fundamental principles of law which is incorporated in Part III of the Constitution. In simple words, no person can be proceeded against and punished unless the legislature had...

26 February

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20.02.2020 – Press Release

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Press Release It is unfortunate that the Bar Associations take an unprincipled stand when it comes to the transfer of judges. In a system where 90% of all judges are from a few dynasties, so too the senior lawyers they designate, the judiciary being the monopoly of a few, it is absolutely imperative that judges are transferred out of their home state. The Supreme court in S.P Gupta's case emphatically said that transfer of judges out of their home state is the most ideal solution against all sorts of rumours and controversies of favouritism which crop up when a lawyer is...

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