25 October

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

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, in moments of crisis as in the recent past where people in Delhi were in...

23 October

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

Posted by Mathews J Nedumpara

in Blogs/Articles

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 others. The reason is that the majority of the population in the range...

17 October

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The new lady justice statue unveiled by the Chief Justice

Posted by Mathews J Nedumpara

in blog|press, Blogs/Articles

Mathews J Nedumpara 17.10.202498205 35428. The new lady justice statue unveiled by the Chief JusticeWas taken aback to find this news. I thought it had to be misreported. The statue of lady justice is no longer blindfolded inviting the derision from the common people that depicts the truth of Indian judiciary where the only true law is the face law. The sword is replaced by the constitution. The lawyers and litigants familiar of the working of the Supreme Court is fully aware that Article 32 and 137 has quite literally been erased from the constitution inasmuch invariably all 32 petitions,...

06 October

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Hurra Vs. Hurra, a judgment in ignorance of elementary jurisprudence

Posted by Mathews J Nedumpara

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Judgments are of two types. The first category is where a judgment, whether right or wrong, is final, authoritative and binding. The second category is where the judgment is not authoritative, binding and final, even where it is right. The first category of judgements which are final and binding even where it is erroneous can be corrected only if the statute has prescribed for a mechanism of correction by way of a revision or appeal. The second category of judgements which are not final or authoritative even where it is correct can be questioned by direct proceedings, namely, by...

30 September

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

Posted by Mathews J Nedumpara

in Blogs/Articles

30 September

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JUDICIAL IMMUNITY/TORTIOUS LIABILITY

Posted by Mathews J Nedumpara

in Blogs/Articles

“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 be traced to...

30 September

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Why I fought for video recording of Court proceedings

Posted by Mathews J Nedumpara

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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...

27 September

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

Posted by Mathews J Nedumpara

in Blogs/Articles

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 are largely based on case laws. The case laws contain the reasoning and the principles evolved by the...

23 September

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