26 February

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The law is an ass – an idiot

The law is an ass - an idiot – By Mathews J. Nedumpara 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...

26 February

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Buoy Mumbai!

Posted by Mathews J Nedumpara

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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

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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

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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

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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

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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

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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...

26 February

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In the Supreme Court of India Civil Original Jurisdiction

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WRIT PETITION (C) NO.________OF 2019 BETWEEN Mathews J. Nedumpara &Ors. ...

26 February

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Deepasthambham Mahascharyam Namukkum Kittanam Panam

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'-Mathews J.Nedumpara The Supreme Court in Keshavanada Bharati held that the “basic structure” of the constitution is inviolable though fundamental rights could be violated. In Indira Nehru Gandhi and Minerva Mills it was held that from 24.04.1973, the validity of a statute has to be tested on the Basic Structure. Independence of Judiciary is one of the Basic features of the constitution. The independence of the judiciary is not about the independent discharge of the functions of a judge subsequent to his appointment but is all about the very appointment, i.e., who appoints. Who appoints the judges is the core of...

26 February

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National Lawyers Campaign For Judicial Transparency & Reforms

Posted by Mathews J Nedumpara

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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. OPEN LETTER MAY IT PLEASE YOUR LORDSHIP: Todays 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 the said caption Your Lordship is reported to have said the minority tag is a hindrance to career progression of members of...

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