12 September

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No recovery against MSMEs without attempt at revival as provided by law.

Economists believe that in a decade or two India is going to be the world’s third largest economy. Our country, once starved for foreign exchange, now probably attracts more foreign exchange than any other country. The reason is the demographic advantage we have. Most of the developed world, Europe, Japan, China, are aging. We are the youngest country in the world in the sense that 60% of the population is within the ages of 20 to 60, the work force. However, many economists are not as optimistic as others. The reason is that the majority of the population in the...

11 September

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Nothing is more laughable and contrary to the elementary principles of jurisprudence than the so-called basic structure theory, based on which the Supreme Court has rendered hundreds of judgements and even quashed the NJAC.

Posted by Mathews J Nedumpara

in Blogs/Articles

It is known even to a law student that only a person aggreived, namely, one whose rights are infringed, alone can go to a Court, and where the fundamental rights are infringed, one could go straight to the Supreme Court under Article 32. Without pleading infringement of a right, no one can go to a court. This is a universal principle. But the celebrated Kesavananda Bharati case laid down that one can go to a court without any of his right, much less fundamental rights, being infringed. Even if Kesavananda Bharati does not say so, it is so understood and...

09 September

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IN THE SUPREME COURT OF INDIA (CIVIL ORIGINAL JURISDICTION) WRIT PETITION (CIVIL) NO.___ OF 2024 (Under Article 32 of the Constitution of India)

Posted by Mathews J Nedumpara

in Blogs/Articles

IN THE MATTER OF: SHRI MATHEWS J. NEDUMPARA & 9 ORS. ….PETITIONERS VERSUS THE HON’BLE CHIEF JUSTICE OF INDIA AND ORS. …RESPONDENTS PAPER BOOK (KINDLY SEE INDEX INSIDE) MATHEWS J. NEDUMPARA & 9 ORS PARTIES - IN - PERSON 9820535428/ 9920477447 /9447165650 INDEX SL. NO. PARTICULARS PAGES 1. Listing Performa 2. Synopsis & List of Dates 3. Writ Petition with Affidavit. 4. Appendix...

04 September

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The Founding Fathers, by incorporating Articles 226 and 32, reintroduced the dual system of administration of justice which was abolished in England in 1875, having proved to be counterproductive

Posted by Mathews J Nedumpara

in Blogs/Articles

Common people, often reassured by news reports where the High Courts under Article 226 and even the Supreme Court under Article 32 come to the rescue of common people who are denied justice by the government and its instrumentalities, are granted instant and hustle free justice institute writ petitions when they face similar injustice. Except for a few High Courts like that of Kerala where relief under the writ jurisdiction is granted without being confronted by questions as to the maintainability of the petition for the petitioner not having exhausted the “alternative remedies”, realise that reality is different from perception. In high...

04 September

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Nothing is more laughable and contrary to the elementary principles of jurisprudence than the so-called basic structure theory, based on which the Supreme Court has rendered hundreds of judgements and even quashed the NJAC.

Posted by Mathews J Nedumpara

in Blogs/Articles

26 February

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Press Release – 30.9.2022

Posted by Mathews J Nedumpara

in Press

Press Release As a lawyer at the bar for almost four decades, the incident which happened in Jabalpur today, a lawyer taking the extreme step of committing suicide, having been unjustly treated, insulted, unfortunately comes as no shock to me. In the temples of justice across the width and breadth of the country, lawyers and litigants are insulted and ill-treated. It is a question only of the varying degree. The southern states may be a little better. The lawyers who dare to question injustice and ill-treatment are silenced by summarily rejecting their cases, denying stay, and rejecting bail. Sometimes even the power...

26 February

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SAVE US FROM ‘COURTOASTROPHY’ PRAY HOME BUYERS IN COCHIN

Posted by Mathews J Nedumpara

in Blogs/Articles

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...

26 February

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WHO CAN FILE A PIL?

Posted by Mathews J Nedumpara

in Open Letters

1. With the Supreme Court and High Courts entertaining PILs and sometimes instituting suo motu PILs and coming to the rescue of the common man against every form of injustice and corruption, the new jurisprudence evolved by the Supreme Court in the early 1980s became extremely popular. The scenario today is that Chief Ministers, nay, even the Prime Minister could be at the mercy of the PIL petitioners/the Court in the face of allegations of corruption which even CMs are not immune from. Still worse, in moments of crisis as in the recent past where people in Delhi were in...

26 February

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“No one is more hated than he who speaks the truth”- Plato: A look at our legal system

Posted by Mathews J Nedumpara

in Open Letters

1. We have inherited from the British, a wonderful legal system. In doing so, the British was not doing us any charity. They needed a sound legal system for the governance of their own affairs, the common law. The common law is largely founded on Roman law, and Roman law reflects nothing but the thoughts of great philosophers such as Socrates, Plato, Aristotle, Cicero, Ulpian, et al. The doctrine of estoppel and res judicata is one of the cardinal principles on which the Roman law, nay, the common law -our law- is founded. Unfortunately, and unbelievably, the ‘giants’ among our...

26 February

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National Lawyers’ Campaign For Judicial Transparency And Reforms : Objectives

Posted by Mathews J Nedumpara

in Open Letters

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 parent High Court as a panacea...

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