26 February

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The National lawyers’ Campaign For Judicial Transparency and Reforms, Mumbai

In a country where millions have no roof over their head, the order of the Supreme Court directing demolition of newly constructed, world class apartments, which the common man, a major chunk of which are NRIs, purchased out of their sweat, merely on technical grounds, that too without affording an opportunity to the home owners to be heard is a crime against humanity. In Mumbai, shanties of 4 lakh slum dwellers were demolished in 1996 in the name of environment on the orders of the Bombay HC acting on so called PILs, while the poor are the real victims of climate...

26 February

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NLC: Press release on Justice Tahilramani’s transfer

Posted by Mathews J Nedumpara

in Press

NLC considers Collegium as an undemocratic and unconstitutional body. It is unfortunate that the same is allowed to have a life after its death which the judgment of the supreme court in the NJAC case has meant to be. While we completely oppose 'sarkari judges', we are in even greater disagreement with judicial dynasties. Between the two evils, the Sarkari judges may even be a better option! The need of the hour is an Independent Judicial Appointments Commission, independent of both the executive and the judiciary. The NJAC was a good idea. But it was allowed to be aborted even before...

26 February

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In the High Court of Judicature at Bombay Ordinary Original Civil Jurisdiction

Posted by Mathews J Nedumpara

in Blogs/Articles

CHAMBER SUMMONS (LODGING) NO.214 OF 2018 IN WRIT PETITION (LODGING) NO.1180 OF 2018 Bombay Bar Association ..Applicant In the matter of: Mathews J. Nedumpara … Petitioner Versus Hon'ble Shri Justice S.J. Kathawalla ..Respondent AFFIDAVIT IN REPLY I, Mathews Nedumpara, S/o. Joseph, aged 59, Advocate, residing at 12-F, Harbour Heights, “A” Wing, 12th Floor, Sassoon Dock, Colaba, Mumbai – 400005, do hereby solemnly affirm and state as follows: 1. I am the Petitioner in the above Writ Petition and respondent in the above Chamber Summons. I know the facts of the case and am competent to swear this affidavit. 2. I am a bit taken aback to come...

26 February

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The law is an ass – an idiot

Posted by Mathews J Nedumpara

in Blogs/Articles

– By Mathews J. Nedumpara 1. In G.W. Paton’s “A Textbook of Jurisprudence” 4th Edition, at page 223 it is said “In America the increase in the number of reported cases has led to a modification of the concept of stare decisis – by 1940 the total number was nearer the two million mark and the flood is more than human ingenuity can cope with”. 2. The American Constitution has no equivalent to Article 141 of the Indian Constitution which states that “the law declared by the Supreme Court shall be binding on all Courts and Tribunals”. Recently, a Bench of Hon'ble...

26 February

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Buoy Mumbai!

Posted by Mathews J Nedumpara

in Blogs/Articles

When I read the judgement of the Chief Justice of Bombay High Court staying the ongoing construction work of the Bombay Coastal Road Project, what came to my mind were the words of Albert Einstein, "two things are infinite: the universe and human stupidity; and I'm not sure about the universe". Fourteen years ago, more than 1000 people died in the Bombay floods. The majority of them died locked inside their flooded cars for hours on the Western Express Highway, the only road connecting the Northwestern part of Bombay island to the city. Had the coastal road been in existence...

26 February

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Jurisprudence of ‘face value’– High Court of Kerala is an exception

Posted by Mathews J Nedumpara

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– By Mathews J. Nedumpara I enrolled as an Advocate with the Bar Council of Kerala in the year 1984. By sheer providence, I was briefed by a partnership firm engaged in the business of banking, in the year 1986 in the Kerala High Court. That was the time when many individuals, either styled as a Partnership or a Company, used to take huge deposits, particularly from NRIs, offering astronomical rates of interest. They functioned quite similar to regular banking institutions. The only difference is that they received deposits at the rate of 24 % to 36 % and used to...

26 February

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Save us from ‘courtoastrophy’ pray home buyers in Cochin

Posted by Mathews J Nedumpara

in Blogs/Articles

Mathews.J.Nedumpara In his book titled “Off the Bench” in Chapter under the caption “Justices and justicing”, legendary Justice Krishna Iyer had lamented about the plight of millions of slum dwellers, who prayed ‘Save us from the Courts’, whose shanties within the precincts of Sanjay Gandhi National Park, Mumbai, were bulldozed in execution of an order of the Bombay High Court in a PIL on the premise that they were illegal. I was woken up from my sleep on the morning of 8th of May 2019 by an old client saying that his son’s flat at Marad, Kochi, has been ordered to...

26 February

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National Borrowers’ Association

Posted by Mathews J Nedumpara

in Blogs/Articles

304, Hari Chambers, S.B.S. Road, Fort, Mumbai-400 023 MINUTES OF THE 3RD GENERAL BODY MEETING HELD AT HARI CHAMBERS, MUMBAI, ON 7TH AUGUST, 2019. The 3rd General Body Meeting of the National Borrowers’ Association (NBA) was co-chaired by Shri Sunil Gupta, alumni of IIT, Powai, Mumbai, and Shri Mathews J. Nedumpara, President of National Lawyers’ Campaign for Judicial Transparency and Reforms, Mumbai. A large number of borrowers, many of whose very residential homes were dispossessed without due process of law upon orders of Chief Metropolitan Magistrate/District Magistrate on applications under Section 14 of the SARFAESI Act, narrated the great injustice done to...

26 February

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National Lawyers’ Campaign For Judicial Transparency & Reforms

Posted by Mathews J Nedumpara

in Blogs/Articles

Registration No: MH/MUM/1701/2015/GBBSD 304, Hari Chambers, 3rd Floor, 54/68 SBS Marg, Near Old Custom House, Fort, Mumbai- 400 023 Tel: 022 22626634 / Mobile: +91 98205 35428 / +91 9769110823 E. Mail: nationallawyerscampaign@gmail.com 23rd February, 2019 PRESS NOTE Abolition of designation of lawyers as Senior Advocates, which leads to classification of lawyers into two classes, namely, (i) the elite class of lawyers, the kith and kin, nephews and juniors of sitting and former Judges of the Supreme Court and High Courts, so too of celebrated lawyers, Chief Ministers, Governors et al, and a few first generation lawyers who are all politically connected or are close to...

26 February

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A lamentation

Posted by Mathews J Nedumpara

in Blogs/Articles

Being a fair critic of the judiciary, nay, judicial decisions, has meant enormous suffering in all sense to me. Still, I do not regret, for, the mite which I could contribute was so important that, had I not ventured, probably the issues which are so vital to us as a constitutional Democracy would not have come to the public domain at all. It is we who brought to the public domain for the first time, since collegium came into existence, that, the legal and judicial dynasties, so too, influential politicians plan things in such a way that their progenies become...

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