05 October

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Open letter to the CJI complaining of the rejection of the petition against the Collegium by his Registrar

Open letter to the CJI complaining of the rejection of the petition against the Collegium by his Registrar MATHEWS J. NEDUMPARA Advocate 101, Gundecha Chambers, Nagindas Master Rd, Kala Ghoda, Fort, Mumbai, Maharashtra 400001 Mob: +91 98205 35428/99679 69256 E-mail: mathewsjnedumpara@gmail.com 5th October, 2024 OPEN LETTER Hon’ble Mr. Justice Dr D.Y. Chandrachud Chief Justice of India May it please your Lordship, Sub: Rejection of W.P (diary) no. 41768 of 2024 instituted by my humble self and 9 other citizens, lawyers and litigants, in challenge of the order dated 24.4.2024 of the Registrar, Judicial, dismissing W.P no. 1005 of 2022 seeking the abolition of the collegium and seeking restoration of the NJAC,...

01 October

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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/Finance, 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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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/Finance, 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. 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/Finance,...

30 September

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

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

30 September

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JUDICIAL IMMUNITY/TORTIOUS LIABILITY

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JUDICIAL IMMUNITY/TORTIOUS LIABILITY Mathews J Nedumpara “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 can...

30 September

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Why I fought for video recording of Court proceedings

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Why I fought for video recording of Court proceedings Mathews J Nedumpara What prompts me to pen these few lines is a query from one of the few law students who started interning with me recently. The query was, what is the inspiration for me to initiate the campaign titled National Lawyers’ Campaign for Judicial Transparency and Reforms and the video-recording of proceedings of all Courts and Tribunals in the country as its prime objective. 1. I had no difficulty to answer the query because of the injustice which I personally had to undergo, for, the Judges enjoy absolute immunity in the discharge...

27 September

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Would it be too odd to say ‘burn all law reports to save our justice delivery system’?

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Would it be too odd to say 'burn all law reports to save our justice delivery system'? Mathews J Nedumpara The common law, which we adopted by way of Article 372 of the constitution, is the very foundation of our legal system. Precedent, initially in the form of year books and later in the form of reported judgements is one of the major sources of common law, others being Roman law, statute and custom. The treaties of the laws of England by Chief Justice Coke in the 16th century, by Blackstone in the 17th century and by Halsbury in the 19th century...

23 September

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JUDICIAL IMMUNITY/TORTIOUS LIABILITY

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12 September

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

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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)

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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) Mathews J Nedumpara 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 Relevant portion of the constitution of India Art. 14, 19 and 21. 5. ANNEXURE P-1 A copy of letter dated 24.03.2015 addressed to the President, Vice-president, Prime Minister, Speaker and the...

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

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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 Mathews J Nedumpara 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...

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