26 February

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Criticizing Bar Council amounts to misconduct

27.06.2021 "Criticizing Bar Council amounts to misconduct"? Every man has a right to his reputation and nobody has a right to violate it. This is undeniable and has been recognized from the early days of Roman law, all legal systems. Advocates, and for that matter even the judges have no right to violate the right of reputation. When the common people violate it, they will have to face the consequence of criminal and civil proceedings for defamation and even contempt. Lawyers certainly are not above law. But at the same time, any attempt to silence criticism and dissent in the name of...

26 February

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Nedumpara’s Letter To The Prime Minister Complaining Nepotism In Judges’ Appointment

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Mathews J NedumparaPresident , NLCOPEN LETTER04.06.2020 Hon'ble Shri. Narendra ModiPrime Minister of IndiaNew DelhiHon'ble Shri S A Bobde,Chief Justice of India.Hon'ble the Chief Justice of Rajasthan.Hon'ble Shri Ashok Galot,Chief Minister of Rajasthan. Sirs, Sub: The reported decision of the collegium of the Rajasthan High Court recommending 17 names for appointment as judges of the Rajasthan High Court. I address this letter with great amount of pain and agony. I wish i were not to address this letter. But I have no choice. As the President of the National Lawyers Campaign for Judicial Transparency and Reforms, an organization registered under the Maharashtra Public Charitable Trust...

26 February

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Simple solution for reducing pendency of cases is to do away with “precedents” nay, repeal of Article 141 of the Constitution

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Simple solution for reducing pendency of cases is to doaway with “precedents” nay, repeal of Article 141 of theConstitution.Mathews J. Nedumpara “Simple things can be done in simple ways;Hard things too can be done in simple ways;But it requires an inventive brainAnd can be done without much strain” The above words of a poet, I believe, should be the guiding lamp when we think of judicial reforms. There are two streams of administration of justice, one, the civil law system followed in the European continent and the Latin America, and the other the common law system followed in UK, India, America and...

26 February

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Demolition of Maradu homes, who will tell the court that it went wrong?

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Mathews J. Nedumpara I pen these few lines with great amount of pain and anguish. The Government of Kerala, in furtherance of an all party meeting convened by Shri Pinarayi Vijayan, Chief Minister of Kerala, engaged Shri Harish Salve, probably the highest paid lawyer in the country, to save 450 odd families of their homes, which were ordered to be demolished by a Bench of the Supreme Court headed by Hon'ble Shri Justice Arun Misra....

26 February

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Questions of law

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(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 parties to the lis...

26 February

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Who are the Judges of the Supreme Court of India?

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The Supreme Court of India is the most powerful court on the planet. It probably is the only apex Court which is also the court of first instance. Under Article 32 of the Constitution of India, a citizen can approach it without recourse to any other court, complaining violation of fundamental rights. The founding fathers felt it necessary to provide so because of their concern for the lives and liberties of the citizens, for the horrors witnessed during the colonial rule. The constitution of India is a perfect blend of the concepts of federalism and that of a centralized government. It...

26 February

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An appeal to the people

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An appeal to the people Today is probably one of the saddest days in my life as a lawyer. Sri Harish Salve, whom the media has always glorified as one of the greatest of lawyers for his hair splitting arguments, a national icon since his appearance in Kulbhushan Jhadav, reduced himself to be one of the very ordinary lawyers, a defacto psychofant, agreeing to every word of the court, servile to the very core and betraying the state of Kerala whom he represented. The court took a very high moral standing, that it is ordering the demolition of the building to...

26 February

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Four- fifths of the CJs of High Courts are sons, sons- in -law, nephews, juniors of Chief Justices, Judges, Attorney Generals, Advocate Generals, Ministers et al.

Posted by Mathews J Nedumpara

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1. Our Constitution provides that the President (i.e., the executive) shall appoint the judges of the Supreme Court in consultation with the Chief Justice of India and such other judges of the Supreme Court and HCs, and in the case of judges of the High Courts the CJI and the CJ and the Governor (i.e. the state executive) of the state concerned. In other words, the executive, accountable to the Parliament and thereby the people of this country, is vested with the power of appointment. The only obligation is to consult the Chief Justice of India et al. 2. However, in the...

26 February

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In the Supreme Court of India Writ Petition (C) No. ___of 2020

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IN THE SUPREME COURT OF INDIA WRIT PETITION (C) NO. ___OF 2020 Mathews J. Nedumpara …Petitioner vs. Union of India & ors. …Respondents SYNOPSIS Millions and millions of animals, milking and pregnant cows, calves, buffalos, goats, poultry are slaughtered in the most inhuman ways, in clear violation of the mandate of Articles 48, 48A and 51A (g) of the Constitution of India, as also the various Acts, Regulations and Rules enacted/framed by the Parliament, various State Assemblies, Centre and State Governments, banning the slaughter of milking cows and calves, as also regulating the slaughter of animals. Millions of wild animals, wild boars, elephants, dear, bisons are...

26 February

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Campaign For Home For All

Posted by Mathews J Nedumpara

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28.5.2020 The miseries which the millions of migrant labourers had to face with the imposition of the lockdown, so too its easing no words can adequately describe. It would wrench the hearts of even the most hardened ones. But the question is: could the governments be entirely blamed for the same even while fully accepting that there has been great shortcomings even in Kerala which has managed the Covid pandemic exceedingly well? But the question is: are not these functions falling under the exclusive province of the executive as has been rightly pointed out by Arghya Sen Gupta in his article...

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