26 February

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‘Tribunalisation is trivialisation of Justice’ – abolish it.Review petition of Rambo Fashions Ltd would convince even doubting Thomas’s

IN THE DEBTS RECOVERY TRIBUNAL-II, MUMBAI Miscellaneous Application No. _______ of 2022 in Interlocutory Application no. 835 of 2021 in S.A. no. 249 of 2018 Rambo Fashions Limited & Ors. … Applicant IN THE MATTER BETWEEN Rambo Fashions Limited & Ors. … Appellant Versus State Bank of India & Ors. … Respondents GENERAL INDEX Sr. No. ParticularsPage No. PART – A AFACT SHEET BLIST OF DATES & EVENTS 1.Application for review 2.Affidavit in Support of Application PART- B 4.List of Documents 5.Exhibit “A” A Copy of the order 21.01.2022 6.Exhibit – “B” A copy of the letter dated 08.08.2011 by M/s. M.V Kini & Co 7.Exhibit – “C” A copy of the IA...

26 February

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Are not PILs ‘Ravenous wolves in sheep’s clothing?’

Posted by Mathews J Nedumpara

in Open Letters

To 1. Hon'ble Mr. Justice NV Ramana Chief Justice of India Also to, Hon'ble Mr. Manohar Lal Khattar Chief Minister of Haryana Sub: Demolition of the shanties of thousands of migrant laborers and urban poor, in the implementation of a judgement of the Supreme Court in purported PILs, rendered entirely behind their back. I have been on a campaign since 2010, when I first came to Bombay as a stranger, after being in the Bar for more than 25 years. It may appear strange to your Lordship, the campaign I started was for the "cry of the poor" to borrow an expression from Justice Krishna Iyer, to...

26 February

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Plea in the Bombay High Court by NLC seeking notification of the vacancies of the judges and an open and transparent selection of the most eligible and deserving.

Posted by Mathews J Nedumpara

in Open Letters

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. OF 2018 In the matter of Article 226 of the Constitution of India; AND In the matter of Articles 14, 19 and 21 of the Constitution of India; AND In the matter of Articles 124 and 217 of the Constitution of India. AND In the matter of appointment of Judges to the Hon’ble High Court of Judicature at Bombay. 1. Rohini M. Amin, Advocate and General Secretary of National Lawyers’ Campaign for Judicial Transparency and Reforms, adult, Indian inhabitant, having her address at 304, Hari Chambers, 3rd Floor, 54/68 SBS Marg, Near Old Custom House, Fort, Mumbai- 400 023. 2....

26 February

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S.3 of the judges Protection Act which provides for absolute immunity to judges from civil and criminal action even when they willfully deny justice is unconstitutional, pleads Sabina Lakdawala. Read her Petition

Posted by Mathews J Nedumpara

in Open Letters

S.3 of the judges Protection Act which provides for absolute immunity to judges from civil and criminal action even when they willfully deny justice is unconstitutional, pleads Sabina Lakdawala. Read her Petition Mathews J Nedumpara 26.02.2023IN THE HIGH COURT OF JUDICATURE IN BOMBAY ORDINARY ORIGINAL CIVL JURISDICTION WRIT PETITION NO. ……………… OF 2022. Sabina Lakdawala …Petitioners Versus Komal Singh Rajput & Ors. …Respondents I N D E X Sr. No. Particulars Page No. 1. Proforma I-III 2. Synopsis A-C 3. Memorandum of Petition 4. Vakalatnama 5. Memorandum of Registered Address 6. List of documents 7. EXHIBIT- “A”:- A true Copy of Marriage Certificate 8. EXHIBIT- “B” Copy of the order dated 28.7.2021 of the High Court of Bombay exploring...

26 February

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Doctrine of locus poenintentae does not empower a court to alter a judgment pronounced in the open court except with notice to the parties and affording them an opportunity to be heard. Read the Review in Rambo Fashions case.

Posted by Mathews J Nedumpara

in Open Letters

Rambo Fashions Limited … Review Petitioner (Orig. Petitioner) Versus Board of Directors, State Bank of India and ors. … Respondents (Orig. Respondents) SYNOPSIS The Review Petitioner is constrained to seek a review of the judgment dated 9.9.2021 passed in the above Writ Petition, for the said judgment which was uploaded in the website of the Registry of the Bombay High Court rendered by the division bench headed by the Hon'ble Chief is one rendered void ab initio, still born, one which never existed in the eye of law.Because what has been authenticated and uploaded is different from the one which was...

26 February

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Reply by our President, Mr. Mathews Nedumpara to the letter of a Former Union Minister and currently a Member of Parliament on Judicial Reforms.

Posted by Mathews J Nedumpara

in Open Letters

Sir, Thank you so much for your kind letter and the good wishes for my humble effort. Judicial reform is nearly impossible without the actual participation and initiative of the members of Parliament. The perception of the general public is that most of our political leaders are corrupt or incompetent. I certainly do not subscribe to that view. I have been campaigning that to demonize the political executive and political leaders is doing great disservice to the idea of democracy. The decision of the Parliament, as the great philosopher, Sir Thomas Smith, has said in the 16th century, is the decision...

26 February

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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

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Judges’ disease

Posted by Mathews J Nedumpara

in Blogs/Articles

09.01.2022 Judges' disease There can be no two opinion that the bar and the bench are the two sides of the same coin and should respect each other and maintain a cordial and healthy relationship. However, as legendary Justice Krishna Iyer has lamented a not so minority among the judges become afflicted of " judges disease " and treat litigants and lawyers badly. The hapless lawyer and the litigant, the victim of arrogance, pomposity and irritability of the judges if had reacted out of sense of hurt, being humiliated and ill treated publically is threatened with contempt. The only option open to...

26 February

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Suo motu PILs and judicial activism is undemocratic and a threat to the independence of judiciary

Posted by Mathews J Nedumpara

in Blogs/Articles

Mathews J NedumparaPresident, NLC98205 354287.11.2021 Nobody can be an actor (suitor) and a judex (judge) at the same time is a fundamental principle of law. A court can make an exception to that to correct grave errors at its hands, suo motu, acting on itself. Judges are free citizens and they are free to do whatever is not prohibited by law is not a correct perception. The office they occupy is sacrosanct and their conduct should be exemplary. They should command respect by the quality of their judgements, erudition, their independence, fairness and impartiality. It is forbidden for a judge to...

26 February

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Judicial Accountability Act – A must for protection from wilful denial of justice, impropriety and corruption

Posted by Mathews J Nedumpara

in Blogs/Articles

01.01.2022. There are innumerable instances in India, nay, even in US, UK and other advanced countries, of innocents being convicted and sentenced to death and their innocence being brought to the public domain after they have been executed or have undergone the punishment. In the western countries, such conviction of innocent men and women is the result of the fallibilty of the justice delivery system manned by even the best. Adoption of modern technology in the detection of crime and prosecution, including video recording of court proceedings is certain to reduce innocent people being convicted because of human error to the...

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