26 February

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Practice what you preach, preach what you practice

My humble request to the Hon'ble judges of the SC is, "Practice what you preach, preach what you practice " and not otherwise. 90% of the WPs involving the lives, liberties and properties of the common citizens are dismissed in limine, by a one line order, namely, 'the WP is dismissed'.99.99% of the Review Petitions are dismissed in stereotype orders in Chambers without hearing the litigant or his lawyer. The fate of the curative petitions are no different. These are undeniable facts. In all humility I beg to submit that Article 32 is only available to Ratan TATA, Harsh Mander,...

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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Mathews J Nedumpara President, NLC 98205 35428 8.6.2021 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. (REVISED CHART CHIEF JUSTICES OF INDIAN HIGH COURT) 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 (ie. the state executive) of the state concerned. In other words,...

26 February

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Telegraphic letter for the attention of the PM

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TELEGRAPHIC LETTER FOR THE ATTENTION OF PM 29 April 2018 To, Hon’ble Sri Narendra Modi, The Prime Minister of India Room No. 246, South Block, Raisina Hills, New Delhi Hon’ble Sri Modi Ji Subject: 1. Review of the NJAC case 2. Dismantling of the collegium 3. Audience with your kind self. Ref: Umpteen letters addressed to your Hon’ble self, some of which have not even been acknowledged. I address you sir, in a telegraphic language as the President of NLC in the hope that atleast this will receive your personal attention in view of the great national importance of the subject. 1. I was the only person who instituted a Substantive Petition...

26 February

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Three-fourths of the judges of the SC are the sons, son in laws, nephews, brother, brother in law of former Chief Justices and judges of the Supreme Court and High Courts, senior Advocates, former governors and juniors of former judges, Lok Sabha speaker and Advocate Generals.

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Mathews J Nedumpara President, NLC. 98205 35428 12.6.2021 Three-fourths of the judges of the SC are the sons, son in laws, nephews, brother, brother in law of former Chief Justices and judges of the Supreme Court and High Courts, senior Advocates, former governors and juniors of former judges, Lok Sabha speaker and Advocate Generals. (SUPREME COURT JUDGES progeny syndrome chart as modified). The constitution vests the power of appointment of judges in the executive. However, the SC in 1993 by rewriting the constitution wrestled the power of appointment to itself, on the specious premise that to do so is necessary to ward off political influence...

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 do away with “precedents” nay, repeal of Article 141 of the Constitution. 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 brain And can be done without much strain” 1. 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...

26 February

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Save us from ‘courtoastrophy’ pray home buyers in Cochin

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Mathews.J.Nedumpara In his book titled “Off the Bench” in Chapter under the caption “Justices and justicing”, legendary Justice Krishna Iyer had lamented about the plight of millions of slum dwellers, who prayed ‘Save us from the Courts’, whose shanties within the precincts of Sanjay Gandhi National Park, Mumbai, were bulldozed in execution of an order of the Bombay High Court in a PIL on the premise that they were illegal. I was woken up from my sleep on the morning of 8th of May 2019 by an old client saying that his son’s flat at Marad, Kochi, has been ordered to...

26 February

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Jurisprudence of ‘face value’– High Court of Kerala is an exception

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– By Mathews J. Nedumpara I enrolled as an Advocate with the Bar Council of Kerala in the year 1984. By sheer providence, I was briefed by a partnership firm engaged in the business of banking, in the year 1986 in the Kerala High Court. That was the time when many individuals, either styled as a Partnership or a Company, used to take huge deposits, particularly from NRIs, offering astronomical rates of interest. They functioned quite similar to regular banking institutions. The only difference is that they received deposits at the rate of 24 % to 36 % and used to...

26 February

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Buoy Mumbai!

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When I read the judgement of the Chief Justice of Bombay High Court staying the ongoing construction work of the Bombay Coastal Road Project, what came to my mind were the words of Albert Einstein, "two things are infinite: the universe and human stupidity; and I'm not sure about the universe". Fourteen years ago, more than 1000 people died in the Bombay floods. The majority of them died locked inside their flooded cars for hours on the Western Express Highway, the only road connecting the Northwestern part of Bombay island to the city. Had the coastal road been in existence...

26 February

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The law is an ass – an idiot

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The law is an ass - an idiot – By Mathews J. Nedumpara In G.W. Paton’s “A Textbook of Jurisprudence” 4th Edition, at page 223 it is said “In America the increase in the number of reported cases has led to a modification of the concept of stare decisis – by 1940 the total number was nearer the two million mark and the flood is more than human ingenuity can cope with”. 2. The American Constitution has no equivalent to Article 141 of the Indian Constitution which states that “the law declared by the Supreme Court shall be binding on all Courts and...

26 February

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In the High Court of Judicature at Bombay Ordinary Original Civil Jurisdiction

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CHAMBER SUMMONS (LODGING) NO.214 OF 2018 IN WRIT PETITION (LODGING) NO.1180 OF 2018 Bombay Bar Association ..Applicant In the matter of: Mathews J. Nedumpara … Petitioner Versus Hon'ble Shri Justice S.J. Kathawalla ..Respondent AFFIDAVIT IN REPLY I, Mathews Nedumpara, S/o. Joseph, aged 59, Advocate, residing at 12-F, Harbour Heights, “A” Wing, 12th Floor, Sassoon Dock, Colaba, Mumbai – 400005, do hereby solemnly affirm and state as follows: 1. I am the Petitioner in the above Writ Petition and respondent in the above Chamber Summons. I know the facts of the case and am competent to swear this affidavit. 2. I am a bit taken aback to come...

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