02 November

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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.

Simple solution for reducing pendency of cases is to do away with “precedents” nay, repeal of Article 141 of the Constitution. Mathews J. Nedumpara 98205 35428 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,...

02 November

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A JUDGE IS FREE TO ERROR WITHIN HIS JURISDICTION, BUT NOT OTHERWISE.

Posted by Mathews J Nedumpara

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A JUDGE IS FREE TO ERROR WITHIN HIS JURISDICTION, BUT NOT OTHERWISE. Mathews J. Nedumpara It is a fundamental principle of law that a Court is free to error within its jurisdiction and, howsoever erroneous its decision is, it could be final and binding. Dhananjoy Chatterjee, a poor and young watchman, was found guilty of murder and sentenced to death by a Sessions Court in West Bengal. The Supreme Court confirmed the verdict. The President of India rejected his mercy petition and he was hanged. A lawyer friend of mine, who represented Dhananjoy, told me that Dhananjoy was falsely implicated in the...

02 November

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Could reason be overruled?

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Could reason be overruled? 98205 35428 Mathews J Nedumpara We live in a strange era, right from the law student to the eminent of the eminent lawyers, have no idea what the law of the land is! The moment a litigant enters the chamber of a lawyer and asks for the solution of a legal problem he faces, the lawyer starts searching for judgments. If you go to an elderly lawyer, you often would find him saying that the issue at hand is settled by the judgment of the privy council or of the SC in the 1950s and 1960s. His apprehension is...

02 November

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BASIC STRUCTURE THEORY – A PROPOSITION CONTRARY TO THE FIRST PRINCIPLES OF JURISPRUDENCE.

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BASIC STRUCTURE THEORY - A PROPOSITION CONTRARY TO THE FIRST PRINCIPLES OF JURISPRUDENCE. Mathews J Nedumpara 9820535428 Kesavananda Bharati's case is hailed to be the most important judgment ever rendered by the Supreme Court of India. The case was heard by the full court consisting of 13 judges. The case was argued for 6 months and the judgment consists of half a million words. Even the common people have heard of the judgment. In the said case, the Supreme Court laid down a doctrine called 'basic structure' and said that while the Parliament could amend every article of the constitution including those concerning...

01 November

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TEN MYTHS OF INDIAN CONSTITUTIONAL LAW

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TEN MYTHS OF INDIAN CONSTITUTIONAL LAW -Mathews J. Nedumpara Introduction In the NLC’s (National Lawyer’s Campaign for Judicial Transparency and Reforms) agenda, open selection of judges of High Courts and the Supreme Court by notification of vacancies and invitation and application of all eligibles, so too, references from all stake holders, finds the very first place. The reason is, simple, obvious; because the higher judiciary in India, today, is perceived to be a dynasty, not very different from that of the political parties, a phenomenon which is antithetical to the very concept of a constitutional democracy which guarantees not merely equality before law...

01 November

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~QUESTIONS OF LAW~

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~QUESTIONS OF LAW~ (Mathews J Nedumpara) (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...

01 November

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

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in Blogs/Articles, Open Letters

No one is more hated than he who speaks the truth- Plato A look at our legal system -Mathews J. Nedumpara 98205 35428 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...

01 November

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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.

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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 judgments and even quashed the NJAC. Mathews J. Nedumpara 98205 35428 It is known even to a law student that only a person aggrieved, 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...

01 November

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Invitation for the Press Conference at Press Club Ernakulam at 11.30 am on 2nd of Nov. 24

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Invitation for the Press Conference at Press Club Ernakulam at 11.30 am on 2nd of Nov. 24 National MSME Borrowers Association(Kerala Chapter)We, MSMEs are the backbone of our economy. It is we who create wealth and generate employment. The Parliament made laws to protect MSMEs. Made it compulsory for banks to finance MSMEs.By notification dated 29-5-2015 resolution of stress is made mandatory before recovery action can be taken. But banks and financial institutions flouted it with impunity. RBI, regulator remained to be a mute spectator. We went to the courts. We were often denied justice.Why? Because DRTs and NCLTs fear that...

31 October

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Challenges in Accessing Justice During Court Vacations: An Open Letter to the Chief Justice of Bombay High Court

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Challenges in Accessing Justice During Court Vacations: An Open Letter to the Chief Justice of Bombay High Court MATHEWS J. NEDUMPARA Advocate 101, Gundecha Chamber, Nagindas Master Road, Fort, Mumbai- 400 001 Email: nedumparaassociates@gmail.com Mobile: 9820535428 / 9920398035 31st October, 2024 OPEN LETTER To, Hon’ble Shri Devendra Kumar Upadhyaya, Chief Justice of the High Court of Judicature At Bombay May it please your Lordship, Sub: The painful and wholly avoidable hardship and injustice caused to the litigant public by the unfortunate manner in which the affairs of the Court are conducted during the vacations. My humble Self, as a Lawyer primarily practicing in the High Court of Bombay, one who by sheer accident...

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