26 February

Sticky

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

Banking laws: Multiple laws which created multiple forums made litigations infinite. What is the solution ? Mathews J Nedumpara 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,...

26 February

0 Comments

Sticky

Court Mandated Capture of the Churches of the Jacobite Christians – Who Is At Fault?

Posted by Mathews J Nedumpara

in Open Letters

Court Mandated Capture of the Churches of the Jacobite Christians - Who Is At Fault? Mathews J Nedumpara 26.02.2023 1. Kerala, today, faces the curious scenario of the High Court ordering forceful takeover of the churches of the Syrian Jacobite Christians owing allegiance to the Patriarch of Antioch, in the purported implementation of the orders of the Supreme Court with many a bench of the High Court asserting that ‘rule of law’ being the very basic feature of the Constitution, the executive is dutybound to enforce the judgments of the Supreme Court, even if it would mean deploying central forces. The state government...

26 February

0 Comments

Sticky

Video recording and live streaming of court proceedings is a panacea for the ills which the judiciary faces today- Open letter by Shri Mathews Nedumpara to Justice Chandrachud

Posted by Mathews J Nedumpara

in Open Letters

Video recording and live streaming of court proceedings is a panacea for the ills which the judiciary faces today- Open letter by Shri Mathews Nedumpara to Justice Chandrachud Mathews J Nedumpara OPEN LETTER To, Hon'ble Dr. Justice DY Chandrachud Judge, Supreme Court Chairman of the Supreme Court E-Committee 14.4.2022 Sir, It is indeed heartening to come across your Lordship's statement as reported in Livelaw that we need to move from feudal to a more modern and futuristic Indian judiciary and that that change can happen only if our mindset changes. Your Lordship was further quoted to have said "and I do believe that technology provides us with a very...

26 February

0 Comments

Sticky

Video recording the court proceedings, an Offence?

Posted by Mathews J Nedumpara

in Open Letters

Video recording the court proceedings, an Offence? Mathews J Nedumpara 26.02.2023 Nullum crimen sine lege, nulla poena sine lege is a Latin maxim that means "no crime or punishment without a law." There can be no crime committed, and no punishment meted out, without a violation of penal law as it existed at the time. This basic legal principle has been incorporated into international criminal law. This is also one of the fundamental principles of law which is incorporated in Part III of the Constitution. In simple words, no person can be proceeded against and punished unless the legislature had made a specific...

26 February

0 Comments

Sticky

VIDEO-RECORDING OF PROCEEDINGS OF COURTS AND TRIBUNALS – A PANACEA FOR THE ILLS WHICH INDIAN JUDICIARY FACES TODAY.

Posted by Mathews J Nedumpara

in Open Letters

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 of their official function and for all practical purposes the...

26 February

0 Comments

Sticky

The risk of the failure of the Mullaperiyar dam and the loss of lives of not less than 60 lakhs of people is real and imminent. Read the letter of Shri Mathews J Nedumpara to the Prime Minister

Posted by Mathews J Nedumpara

in Open Letters

6.4.2022 AN OPEN LETTER FOR EMERGENT ATTENTION Hon’ble Shri Narendra Modi Prime Minister of India Also to, The Hon’ble Chief Ministers of Kerala and Tamil Nadu And Hon’ble Members of Parliament and political leaders Hon’ble Sir, Sub: The risk of the failure of the Mullaperiyar dam and the total wiping out of the Districts of Cochin, Alleppey, Kottayam and the loss of lives of not less than 60lakhs of common citizens of this country is real and imminent, and the on-going litigation in the Supreme Court where I appear for the common citizens is all certain to be a futile exercise. I address this letter inviting your excellency’s immediate personal...

26 February

0 Comments

Sticky

Until we abolish Collegium and senior designation, judicial reforms will remain as a mere myth.

Posted by Mathews J Nedumpara

in Open Letters

31st of March 2022. Dear fellow citizens, Our aim should not be confined to AIJS. That is certainly a worthy cause. But we must fearlessly enter the larger battle field. Dismantling of Collegium. Come what may, i have decided to pursue the cause marshalling all my resources. I may not see any definite success. But i will have the satisfaction that i did what i can. The defeat is going to be only temporary. The judges may harm me personally in many ways as they did in the past. But that is not going dissuade me from the path of judicial reforms...

26 February

0 Comments

Sticky

The chances of the Mullaperiyar dam breaking, which will lead to washing out of Ernakulam, Kottayam and Allepey districts, is a real danger. Read our petition in Hon’ble Supreme Court of India for urgent remedial action

Posted by Mathews J Nedumpara

in Open Letters

SYNOPSIS AND LIST OF DATES The Petitioners are instituting the instant writ petition for he considers that there is a real and imminent threat to the safety of the Mullaperiyar dam and that if the dam were to collapse due to the unprecedented rains or seismic activity, which by no stretch of imagination can be termed as unreasonable or ill-founded apprehension, he along with his family, so too millions of citizens of the state of Kerala will perish.The Mullaperiyar Dam is an over-a-century old gravity dam of 53.6 m in height and a reservoir capacity of 443 million m3. It impounds...

26 February

0 Comments

Sticky

Where a statute provides for an appeal against an interim order, is it open to a litigant to choose at his sweet will, a variation at the hands of the court of first instance or to opt for an appeal? Does the doctrine of res judicata have any application?

Posted by Mathews J Nedumpara

in Open Letters

(Excerts from an affidavit drafted by Sri. Nedumpara) 1. This Court by its order dated 21.12.2021 was pleased to protect me from dispossession, but subject to the condition that I pay an amount of Rs. 25 lakhs. Had this Court had the benefit of hearing my lawyer, I bonafide believe, that this Court would have protected me without conditions. I sought my counsel’s advice. He told me that I can seek correction of the order before this Court (single bench) itself, or prefer an appeal under Section 5 of the Kerala High Court Act, which provides for an appeal even against...

26 February

0 Comments

Sticky

Basic Structure theory is dead and what was found in the NJAC case is its ghost

Posted by Mathews J Nedumpara

in Open Letters

Basic structure doctrine is attacked on the premise that it is too vague and hazy, and hence cannot be a ground for determining whether a constitutional amendment is valid or not. Concepts like secularism, republican form of government, independence of judiciary etc. are concepts which are capable of definite meaning and it is absolutely rational to say that the Parliament ought not have the power to abrogate these basic features of the Constitution. There can hardly be two opinions on this aspect. But what has missed the attention of the Court, the government and the lawyers concerned is that the...

Disclaimer: