26 February

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Have Articles 226 and 32 led to denial of Justice. Will repeal of it lead to injustice?

Have Articles 226 and 32 led to denial of Justice. Will repeal of it lead to injustice? Mathews J Nedumpara 98205 35428 Ambedkar described Article 32 as the very heart and soul of the Constitution. Our founding fathers, many of whom were victims of illegal arrest and confinement, being part of the freedom struggle, incorporated in our constitution, Part III, fundamental rights. By virtue of Article 32 of the Constitution a citizen can approach the Supreme court for the enforcement of his/her fundamental rights and that very right to access the Supreme Court itself was declared to be a fundamental right. It is...

26 February

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This letter I had addressed to the Chief Editor, Malayalam Manorama

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This letter I had addressed to the Chief Editor, Malayalam Manorama, way back in 2011 when the allegations of corruption against Chief Justice Balakrishnan was the talk of the town, not merely in the corridors of the bar. The editor told me that since it is about the judiciary, they cannot touch it, for, the threat of contempt hangs over their head like damocle's sword. What he further said provoked my thought, namely that if the court issues a contempt notice for speaking the truth about judicial corruption, the press will not even get a lawyer to represent them except...

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.

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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

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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...

26 February

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Arun Mishra rejected the request of the Maradu flat owners for some time

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20.02.21 Arun Mishra rejected the request of the Maradu flat owners for some time, few days, to vacate their homes after it was ordered to be demolished, stating that not even one minute will be granted. I was witness to that. The press, the government and the political leaders in kerala remained mute. Nobody pointed out that he had no authority to order such demolition. His job was to adjuducate whether the statutory bodies ordering demolition was right or wrong, had it ordered demolition. The statutory authority had only issued a show cause notice which the high court set aside. The...

26 February

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I agree to a large extent with Justice Gogoi that the justice delivery system in India is ramshackled

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Mathews J Nedumpara 98205 35428 28.02.2021 I agree to a large extent with Justice Gogoi that the justice delivery system in India is ramshackled. Though I prefer to use a different terminology. It is certainly facing a grave crisis. The question is who is responsible. I cannot comment on the role of the judges and I refrain from doing so. I would only say people like Justice Gogoi have no morale right to lament. It is the so called legal luminaries who destroyed the institution of judiciary. They reduced the absolutely useful tool of stare decisis, nay, precedent to a number game introducing...

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