14 July

Sticky

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

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

0 Comments

Sticky

In the 10yr period between 2011 to 2020

Posted by Mathews J Nedumpara

in Petitions

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

0 Comments

Sticky

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

Posted by Mathews J Nedumpara

in Blogs/Articles

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...

14 July

0 Comments

Sticky

A Long Overdue Apology owed by the Institution of the Judiciary

Posted by Mathews J Nedumpara

in Open Letters

Mathews J. Nedumpara 9820535428 OPEN LETTER – A Long Overdue Apology owed by the Institution of the Judiciary To Hon’ble Shri Justice Chandrachud, The Chief Justice of India Also to, The judges of the Bombay High Court 11th March, 2023 May it please your lordship, Sub: The institution of judiciary owes an apology to me which I won’t insist on or even expect, but I certainly would do when it comes to the thousands of slumdwellers, mothers with their new born infants being thrown out of their homes onto the streets, with all their belongings being confiscated or bulldozed. 1. What prompts me to address this open letter, in near telegraphic...

14 July

0 Comments

Sticky

HUMBLE APPLICATION OF THE APPLICANTS ABOVENAMED FOR IMPLEADMENT AS ADDITIONAL RESPONDENTS 52 TO 65

Posted by Mathews J Nedumpara

in Blogs/Articles

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. ___ OF 2023 IN CIVIL REVSION APPLICATION NO. (ST) 17199 OF 2023 Jagdish Ramdas Gujar & 13 Ors. …Applicant /Interveners IN THE MATTER BETWEEN TATA SONS PVT. LTD …APPLICANT V.S SUNIL SHANTISARUP GUPTA & ORS. …RESPONDENTS HUMBLE APPLICATION OF THE APPLICANTS ABOVENAMED FOR IMPLEADMENT AS ADDITIONAL RESPONDENTS 52 TO 65: APPLICANTS ABOVE MOST RESPECTFULLY SHOWETH: 1. The Applicant are slum dwellers who were forcefully evicted of their shanties by the authorities in compliance of the various orders of the High Court, in particular that in W.P (L) no. 3246 of 2004 (Bombay Environment Action Group (BEAG) & Anr v. State...

14 July

0 Comments

Sticky

A Call for Abolishing the Senior Designation in the Legal Profession

Posted by Mathews J Nedumpara

in Open Letters

Dear Ms. Indira Jaising, Sub: Abolition of senior designation- reg. When it comes to transparency and reforms in judiciary, there are certain areas where we are in agreement, though there are serious differences in many other areas. On the topic of abolition of senior designation I was under impression that we agreed and on the question of abolition of the collegium we are poles apart. While you support the system of entitlement, patronage, nepotism, dynasty, of which the collegium has become a synonym, I believe that until we abolish the collegium, the culture of entitlement and kinship will continue, our judiciary has...

14 July

0 Comments

Sticky

Our Interpretation of Constitutional Law has Become a Classic Example of Human Stupidity

Posted by Mathews J Nedumpara

in Blogs/Articles

Mathews J Nedumpara 98205 35428 Two things are infinite, said Einstein: the universe and human stupidity. Our interpretation of constitutional law has become a classic example of human stupidity. Let me explain. The common law is our law by virtue of Article 372 of the constitution. It is founded on two simple principles, ‘res judicata’ and ‘stare decisis’, namely, precedent. Res judicata means a decision in a case between A and B will bind and them, but not C and D who were not parties to it, in other words, it will not bind 'res inter alios', namely, third parties. The doctrine of...

14 July

0 Comments

Sticky

PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA FOR DECLARATORY AND OTHER REMEDIES

Posted by Mathews J Nedumpara

in Blogs/Articles, Petitions

IN THE SUPREME COURT OF INDIA (CIVIL ORIGINAL JURISDICTION) WRIT PETITION (CIVIL) NO.___ OF 2024 (Under Article 32 of the Constitution of India) 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 Law Minister, seeking...

14 July

0 Comments

Sticky

National Lawyers’ Campaign For Judicial Transparency And Reforms Objectives

Posted by Mathews J Nedumpara

in Blogs/Articles

National Lawyers' Campaign For Judicial Transparency And Reforms 31.3.2014 Objectives 1) Abolition of Collegium system of appointment and transfer of judges and the substitution of the same by an independent judicial appointments commission where neither the executive nor the judiciary will have a primacy.The NJAC shall advertise the vacancies and invite applications from all eligible candidates; 2) Creation of a Judicial Ombudsman to deal with the complaints of corruption and malpractices against judges; 3) Audio/video-recording of proceedings of all Courts and Tribunals and access to such records to the litigants, lawyers and public; 4) Reintroduction of the policy of transfer of 1/3rd of judges out of their...

14 July

0 Comments

Sticky

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

Posted by Mathews J Nedumpara

in Blogs/Articles

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, America and other common law countries. While in the civil law system the problem...

Disclaimer: