01 November

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TEN MYTHS OF INDIAN CONSTITUTIONAL LAW

TEN MYTHS OF INDIAN CONSTITUTIONAL LAW -Mathews J. Nedumpara Introduction In the NLC’s (National Lawyer’s Campaign for Judicial Transparency and Reforms) agenda, open selection of judges of High Courts and the Supreme Court by notification of vacancies and invitation and application of all eligibles, so too, references from all stake holders, finds the very first place. The reason is, simple, obvious; because the higher judiciary in India, today, is perceived to be a dynasty, not very different from that of the political parties, a phenomenon which is antithetical to the very concept of a constitutional democracy which guarantees not merely equality before law...

01 November

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~QUESTIONS OF LAW~

Posted by Mathews J Nedumpara

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~QUESTIONS OF LAW~ (Mathews J Nedumpara) (A) If a surgeon of a Government hospital, who conducts a cesarean operation, negligently leaves a scissor inside the belly of the patient leading to fatal consequences is liable under civil and criminal laws; so too the State, his employer, will not similar principle apply in a case, as the instant one, where the 1st Respondent, Presiding Officer, DRT-II, Mumbai, who fails to discharge his statutory function in the manner expected of him, which requires him to conduct a summary trial while adjudicating an application under Section 17 of the SARFAESI Act, which would mean the...

01 November

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No one is more hated than he who speaks the truth”- Plato A look at our legal system

Posted by Mathews J Nedumpara

in Blogs/Articles, Open Letters

No one is more hated than he who speaks the truth- Plato A look at our legal system -Mathews J. Nedumpara 98205 35428 1. We have inherited from the British, a wonderful legal system. In doing so, the British was not doing us any charity. They needed a sound legal system for the governance of their own affairs, the common law. The common law is largely founded on Roman law, and Roman law reflects nothing but the thoughts of great philosophers such as Socrates, Plato, Aristotle, Cicero, Ulpian, et al. The doctrine of estoppel and res judicata is one of the cardinal principles on...

01 November

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Nothing is more laughable and contrary to the elementary principles of jurisprudence than the so-called basic structure theory, based on which the Supreme Court has rendered hundreds of judgements and even quashed the NJAC.

Posted by Mathews J Nedumpara

in Blogs/Articles

Nothing is more laughable and contrary to the elementary principles of jurisprudence than the so-called basic structure theory, based on which the Supreme Court has rendered hundreds of judgments and even quashed the NJAC. Mathews J. Nedumpara 98205 35428 It is known even to a law student that only a person aggrieved, namely, one whose rights are infringed, alone can go to a Court, and where the fundamental rights are infringed, one could go straight to the Supreme Court under Article 32. Without pleading infringement of a right, no one can go to a court. This is a universal principle. But the celebrated...

01 November

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Invitation for the Press Conference at Press Club Ernakulam at 11.30 am on 2nd of Nov. 24

Posted by Mathews J Nedumpara

in Open Letters

Invitation for the Press Conference at Press Club Ernakulam at 11.30 am on 2nd of Nov. 24 National MSME Borrowers Association(Kerala Chapter)We, MSMEs are the backbone of our economy. It is we who create wealth and generate employment. The Parliament made laws to protect MSMEs. Made it compulsory for banks to finance MSMEs.By notification dated 29-5-2015 resolution of stress is made mandatory before recovery action can be taken. But banks and financial institutions flouted it with impunity. RBI, regulator remained to be a mute spectator. We went to the courts. We were often denied justice.Why? Because DRTs and NCLTs fear that...

31 October

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Challenges in Accessing Justice During Court Vacations: An Open Letter to the Chief Justice of Bombay High Court

Posted by Mathews J Nedumpara

in Open Letters

Challenges in Accessing Justice During Court Vacations: An Open Letter to the Chief Justice of Bombay High Court MATHEWS J. NEDUMPARA Advocate 101, Gundecha Chamber, Nagindas Master Road, Fort, Mumbai- 400 001 Email: nedumparaassociates@gmail.com Mobile: 9820535428 / 9920398035 31st October, 2024 OPEN LETTER To, Hon’ble Shri Devendra Kumar Upadhyaya, Chief Justice of the High Court of Judicature At Bombay May it please your Lordship, Sub: The painful and wholly avoidable hardship and injustice caused to the litigant public by the unfortunate manner in which the affairs of the Court are conducted during the vacations. My humble Self, as a Lawyer primarily practicing in the High Court of Bombay, one who by sheer accident...

28 October

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BEFORE THE HONOROUBLE HIGH COURT OF KERALA AT ERNAKULAM

Posted by Mathews J Nedumpara

in Petitions

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM W.A. No. of 2024 (Against the order dated 23-10-2024 of this Honourable Court in IA No.1/2024 in WP(Civil) No. 30885/2024) M/s. SARK Spice Produce Pvt. Ltd. & Anr. : Appellants/Applicants/Petitioners V/s Reserve Bank of India & Ors. : Respondents/Respondents/Respondents S Y N O P S I S The 1st petitioner is an MSME enterprise, which had availed credit facilities from the respondent-bank by mortgaging properties to the latter. Being an MSME-borrower, registered under the MSMED Act, 2006, the 1st petitioner/Micro enterprise was entitled to the benefits under the various statutory notifications and circulars issued by the MSME Ministry and the Reserve Bank of India,...

28 October

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BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Writ Appeal. No. In of 2024 W.P. (C) No. 41576 of 2023

Posted by Mathews J Nedumpara

in Petitions

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Writ Appeal No. In of 2024 W.P. (C) No. 41576 of 2023 (Against the Judgment dated 24-10-2024 of this Honourable Court in W.P. (C) No. 41576/2023) P.K. KRISHNA KUMAR & ANR : Appellants/Petitioners Vs. INDUSIND BANK & ORS : Respondents/Respondents S Y N O P S I S The impugned Judgment suffers from factual and legal errors, apparent on the face of it, warranting a review thereof. The appellant is the Proprietor of M/s. Powerplus Power Unit, Eda Kochi, which had availed of credit facilities from the 1st respondent’s branch at M.G Road, Ernakulam District. Being an MSME-borrower registered under the...

25 October

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No PIL can be filed as a private case but only as a representative proceedings

Posted by Mathews J Nedumpara

in Blogs/Articles

No PIL can be filed as a private case but only as a representative proceedings Mathews J Nedumpara 25.10.2024 1. With the Supreme Court and High Courts entertaining PILs and sometimes instituting suo motu PILs and coming to the rescue of the common man against every form of injustice and corruption, the new jurisprudence evolved by the Supreme Court in the early 1980s became extremely popular. The scenario today is that Chief Ministers, nay, even the Prime Minister could be at the mercy of the PIL petitioners/the Court in the face of allegations of corruption which even CMs are not immune from. Still worse,...

23 October

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

Posted by Mathews J Nedumpara

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No recovery against MSMEs without attempt at revival as provided by law. Mathews J Nedumpara 23.10.2024 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...

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