26 February

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My experience in Justice Arun Mishra’s Courtroom in relation to the Maradu Demolition case

Maria Nedumpara My experience in Justice Arun Mishra’s Courtroom in relation to the Maradu Demolition case, though less personal, was just as appalling. A number of lawyers were before his lordship literally pleading for a chance to speak. 350 and odd families had been forcefully evicted in a period of 4 days, in the most inhumane manner. They were driven out of the homes in which they had been residing in for more than 9 or 10 years, the homes which they had purchased with a lifetime’s worth of savings. It would come as a shock to anyone reading this that...

26 February

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Referring Questions of Law to Larger Benches is in Ignorance of the Doctrine of Stare Decisis

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Mathews J Nedumpara Some members of the legal fraternity have criticized me for authoring article titled 'Referring Questions of Law to Larger Benches is in Ignorance of the Doctrine of Stare Decisis' as it amounts to too sharp a criticism of the Supreme Court. When i was a young lawyer, for instance when the Judges 2 case was delivered, i felt the judgement to be a re-writing of the constitution. The Supreme Court snatching away the powers of the executive. I felt the Judges 2 case cannot even be called a judgement because there was no cause of action. There existed...

26 February

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A judge is free to error within his jurisdiction

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A JUDGE IS FREE TO ERR WITHIN HIS JURISDICTION, BUT NOT OTHERWISE. Mathews J. Nedumpara It is a fundamental principle of law that a Court is free to err 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 case...

26 February

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Demolition of five apartment buildings at Maradu, Cochin

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Mathews J Nedumpara President, NLC 6th October, 2019 To 1. Hon’ble Shri Pinarayi Vijayan Chief Minister of Kerala. 2. Shri Ramesh Chennithala, Leader of the Opposition, Government of Kerala, Trivandrum. 3. Shri Oommen Chandy, Former Chief Minister of Kerala. 4. Shri Muraleedharan, Minister of State for External Affairs 5. All Members of Parliament from Kerala. Honourable Sirs, Sub: Demolition of five apartment buildings at Maradu, Cochin, for alleged CRZ norms upon orders of the Supreme Court without hearing the 350 and odd home buyers, bypassing the Kerala Municipality Act and the Kerala Panchayat Raj Act, which vest in them the right of regularization of the constructions. ALL PARTY DELEGATION TO MEET THE PRIME MINISTER –...

26 February

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National Lawyers Campaign

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A Call to the legal Fraternity and the Public at large. Sirs/Mesadames, All those who believe that a judiciary which is independent, impartial and accountable to the people would remain to be a dream unless the sons and daughters of the common man finds due representation are shocked by the order of the HC of Orissa to initiate Contempt of Court proceedings against the office bearers of the Orissa HC Bar Association for demanding the dismantlement of the Collegium System of appointment of judges. Our brothers and sisters of the Orissa Bar deserve to be complimented for their bold step, namely, abolition of...

26 February

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Sesil Joseph

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Please click on the below link to view Sesil Joseph Petition View Sesil Joseph Petition >>...

26 February

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National Lawyers’ Campaign For Judicial Transparency & Reforms

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National Lawyers’ Campaign For Judicial Transparency & Reforms Registration No: MH/MUM/1701/2015/GBBSD 304, Hari Chambers, 3rd Floor, 54/68 SBS Marg, Near Old Custom House, Fort, Mumbai- 400 023 Mobile: +91 98205 35428 E. Mail: nationallawyerscampaign@gmail.com 3rd December, 2018 To Hon'ble Mr. Justice Kurian Joseph, Former Judge, Supreme Court of India, New Delhi. MAY IT PLEASE YOUR LORDSHIP: Today’s Times of India, on its front page, carried an article by Mr. Dhananjay Mohapatra, one of the illustrious legal reporters of the country, under the caption “We felt the then CJI was remote-controlled: Joseph”. Within the said main heading, there was a sub-heading titled “Ex Supreme Court Judge says minority tag hinders careers”. Under...

26 February

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

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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

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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

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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...

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