14 July

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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 a guidance. Justinian, known for his great work called “Corpus Juris Civilis”, so too...

14 July

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Insult and ill treatment of advocates, particularly, junior members of the bar by Hon’ble Shri Justice Prithviraj Chavan

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MATHEWS J. NEDUMPARA 101, Gundecha Chambers, Nagindas Master Road, Kala Ghoda, Fort, Mumbai, Maharashtra 400001 Mob: +91 98205 35428 E-mail: mathewsjnedumpara@gmail.com 18th June, 2024 To, Hon’ble Shri Justice Devendra Kumar Upadhyaya Chief Justice, High court of Bombay May it please your lordship, Sub: Insult and ill treatment of advocates, particularly, junior members of the bar by Hon’ble Shri Justice Prithviraj Chavan 1. I never anticipated that I will have another occasion to address a letter such as the instant one, and I certainly had hoped not. However, I am constrained to write the instant letter, lest I should be failing in my duty as a senior member of the bar. 2....

14 July

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JUDICIAL IMMUNITY/TORTIOUS LIABILITY

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Mathews J Nedumpara 98205 35428 23.06.2024. JUDICIAL IMMUNITY/TORTIOUS LIABILITY “Rex non potest peccare”, namely that the king can do no wrong, is a fundamental principle of law. Stated in simple terms, the king is not liable for any action of his agents and servants. This concept, over the centuries, was much diluted with many an exception being accepted. Today, except judicial function, the king, namely, the sovereign, is liable for the tortious action of his delegate/trustee/servant. The sovereign immunity is not absolutely available even against the armed forces. The concept of absolute immunity which the judges of the superior courts in India enjoy and assert...

14 July

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Reason for millions of MSMEs to rejoice

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Mathews J. Nedumpara 29th July, 2024 98205 35428. Reason for millions of MSMEs to rejoice 1. MSMEs are the backbone of the economy in terms of employment and wealth creation, it has as great a role as that of large corporations. It has been the legislative policy since independence to bring in mechanisms to promote MSMEs and to prevent them from falling sick. The MSMED Act and the notification dated 29.5.2015 is one of the most significant steps in that direction. 2. However, the entire legislative policy was put to jeopardy by the judgment of the High Court of Bombay dated 11.1.2024 holding that the...

14 July

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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

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Mathews J Nedumpara 98205 35428 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...

14 July

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Can anyone imagine of a greater injustice than the refusal of the courts and tribunals to extend the benefits of the notification dated 29.5.2015 of the Central Government under Section 9 of the MSMED Act, to the MSMEs?

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Mathews J Nedumpara 98205 35428 26th November 23 The notification was issued in the larger interest of the nation, the Banks and Financial institutions, millions of small entrepreneurs and traders who make the economy of the country sail smoothly, so too millions of workers employed by the MSMEs. MSMEs contribute to the nation building in no mean way. They manufacture goods and provide for services, nay create the assets and wealth of the nation. The Parliament enacted MSMED Act acknowledging this indisputable truth. The RBI was mandated to enforce the Act and the notification. However, the RBI neglected and failed in its duty as a...

14 July

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The total abdication of the responsibility under the MSMED Act on the part of Advait Sethna, counsel for the Central government/senior officers of the Ministeries/Departments of MSMED/Banking, RBI, to support the legislative intention behind the MSMED Act and the notification dated 29.5.2015 providing for the nursing and care of MSMEs – reg.

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Mathews J Nedumpara 18.01.2024 98205 35428 To, Hon’ble Prime Minister Law minister Finance minister Minister for MSMEs Secretaries to the Govt of India in the depts/ministries of legal affairs, banking, MSMEs. Hon’ble Prime Minister/Sirs/Mesdames Sub: The total abdication of the responsibility under the MSMED Act on the part of Advait Sethna, counsel for the Central government/senior officers of the Ministeries/Departments of MSMED/Banking, RBI, to support the legislative intention behind the MSMED Act and the notification dated 29.5.2015 providing for the nursing and care of MSMEs - reg. I address the Hon’ble Prime Minister/Ministers and Secretaries of the Government of India, as a lawyer who has been relentlessly fighting for the cause...

14 July

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Banking laws: Multiple laws which created multiple forums made litigation infinite. What is the solution

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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 in inconceivable terms, towards adding to the existing backlog...

14 July

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In the 10yr period between 2011 to 2020

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Mathews J Nedumpara 98205 35428 In the 10yr period between 2011 to 2020 a)Review petitions (civil) dismissed- 19710 Allowed- 92 b) Review Petitions (Crl) Dismissed- 6087 Allowed- 48 c) Curative petitions (civil) Dismissed- 2155 Allowed- 0 d) Curative petitions (Crl) Dismissed- 620 Allowed- 3 So far as curative petitions go, I am not concerned. The curative jurisprudence itself is against the constitution, a judicial legislation, which no court has the power to do. I consider this mechanism to be in ignorance of the elementary jurisprudence. The court failed to comprehend the distinction between res judicata and stare decisis and mistook one for the other, which would be evident anyone who reads Hurra v. Hurra, by...

14 July

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Corruption in the Judiciary and the need to bring an urgent mechanism to deal with it.

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Mathews J. Nedumpara President, NLC 98205 35428 20.07.2024. Corruption in the Judiciary and the need to bring an urgent mechanism to deal with it. 1. One of my clients, an MSME, Perfect Infraengineers Ltd., engaged in the manufacture of Hybrid Thermal Solar Panels, received a call from one Ms. Mahi Bhatt on 23rd March, 2024, claiming to be representing the members of NCLT-I, Mumbai, demanding a bribe of Rs. 75 lakhs. The NCLT in the forenoon that day had adjourned an application under Section 7 of the IBC filed by a financial creditor, for pronouncement of orders. The caller informed by client that if the...

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