09 July

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JUDICIAL IMMUNITY/TORTIOUS LIABILITY

Mathews J Nedumpara 98205 35428 23.06.2024. JUDICIAL IMMUNITY/TORTIOUS LIABILITY “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...

09 July

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

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No recovery against MSMEs without attempt at revival as provided by law. -Mathews J. Nedumpara 98205 35428 11.09.2024. 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...

09 July

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Abolition of senior designation case listed tomorrow ie 7th Feb 2025 in SCI

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Mathews J. Nedumpara 98205 35428 6.2.2025 Abolition of senior designation case listed tomorrow ie 7th Feb 2025 in SCI The petition under Article 32 instituted by my humble self and 19 others seeking a declaration that Sections 16 and 23(5) of the Advocates Act are void inasmuch as it divides lawyers into two classes which only serves the elite at the cost of equally, if not more, competent and deserving lawyers who are not from privileged backgrounds and has led to the legal profession and the higher echelons of the judiciary being monopolized, if not, hijacked by a few scores of families, is listed...

09 July

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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

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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 Mathews J Nedumpara 98205 35428 It is known even to a law student that only a person aggreived, 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...

09 July

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Distinction between judgement in rem and personam.

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*Mathews J. Nedumpara* 98205 35428 23.02.2025 Distinction between judgement in rem and personam. Proceedings in rem does not mean that a Court can, by its judgment, affect the rights of a person who is not a party before it. No court has the power to adversely affect the rights of a person who is not before it, no matter whether the proceedings are in rem or in personam. The perception that a person’s rights can be adversely affected without him on the party array for the reason that the proceedings in question is in rem, is a misconception. It only means that where a...

09 July

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There is no res judicata, estoppel, waiver or acquiescence against law, particularly one which casts a public duty on a statutory authority. Read the Argument notes by Nedumpara.

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BEFORE THE HON’BLE HIGH COURT OF KERALA AT ERNAKULAM W.P. (C) No. 42050 of 2025 M/s. Sark Spice Products Pvt. Ltd. & Anr. …Petitioners V/s Reserve Bank of India & Ors. …Respondents ARGUMENT NOTES FILED BY THE COUNSEL FOR THE PETITIONERS I. The case of the Petitioners i. The Petitioner is an MSME (Small enterprise) registered under the MSMED Act. The notification dated 29.5.2015 mandates the Banks and financial institutions to constitute a committee and make an application to it at least when the bank notices a default in the account of an MSME, namely, where the principal and interest have not been serviced for a period...

17 June

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

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

17 June

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To declare that the Contempt of Courts Act, 1971 is unconstitutional and void, or at least Sections 2(c)(i), 14, 16 and 17(5)

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Sub: To declare that the Contempt of Courts Act, 1971 is unconstitutional and void, or at least Sections 2(c)(i), 14, 16 and 17(5) thereof IN THE HIGH COURT OF KERALA IN ITS EXTRA-ORDINARY ORIGINAL JURISDICTION W. P.(C) NO. 14564OF 2016 Mathews J. Nedumpara … Petitioner Versus Union of India & Ors. … Respondents MEMORANDUM OF WRIT PETITION FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. Counsel for the Petitioner P.BIJIMON (B-732) (K/3173/1999) JACOB SAMUEL (J-1316) (K/259/1997 Room No.210, 2nd Floor, Prasanna Vihar Appartments, Near High Court of Kerala, Cochin-682 031 Ph.No.0484-2368737 IN THE HIGH COURT OF KERALA IN ITS EXTRA-ORDINARY ORIGINAL JURISDICTION W. P.(C) NO. 14564OF 2016 Mathews J. Nedumpara … Petitioner Versus Union of India & Ors. … Respondents I...

09 June

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SUPREME COURT MUST ACT AS ONE AND BE ONE”?!

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“SUPREME COURT MUST ACT AS ONE AND BE ONE”?! *_-Mathews J. Nedumpara_* What prompted me to pen these few lines is the recent Free Press Journal front page headline, “Supreme Court must act as one and be one”. The newspaper report quoted Justice Kurien Joseph saying, “the system exists on certain holy principles, tinkering with it will have no end and the institution will go for ever…when the court is one, it must act as one. If you want it to be one, you will have to make it one.” Justice Joseph so observed while on Bench with Justices Lokur and Gupta. *I...

09 June

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Good men must not obey the law too well” – video recording of court proceedings and its circulation

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Good men must not obey the law too well” – video recording of court proceedings and its circulation Mathews J. Nedumpara 98205 35428 17.03.2025. The Kerala High Court took objection to our recording of the proceedings and sharing of the same. Though not done by me personally, I have no hesitation to take responsibility. Several MSMEs perturbed by the unfortunate fact that the Courts have been denying them the benefit of the notification which has received the assent of both houses of the Parliament which prohibits recovery action except with the permission of the committee, record the VC proceedings, at the various forums, High...

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