26 February

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Demolition of five apartment buildings at Maradu, Cochin

Mathews J Nedumpara President, NLC 6th October, 2019 To 1. Hon’ble Shri Pinarayi Vijayan Chief Minister of Kerala. 2. Shri Ramesh Chennithala, Leader of the Opposition, Government of Kerala, Trivandrum. 3. Shri Oommen Chandy, Former Chief Minister of Kerala. 4. Shri Muraleedharan, Minister of State for External Affairs 5. All Members of Parliament from Kerala. Honourable Sirs, Sub: Demolition of five apartment buildings at Maradu, Cochin, for alleged CRZ norms upon orders of the Supreme Court without hearing the 350 and odd home buyers, bypassing the Kerala Municipality Act and the Kerala Panchayat Raj Act, which vest in them the right of regularization of the constructions. ALL PARTY DELEGATION TO MEET THE PRIME MINISTER –...

26 February

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Referring Questions of Law to Larger Benches is in Ignorance of the Doctrine of Stare Decisis

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Mathews J Nedumpara Some members of the legal fraternity have criticized me for authoring article titled 'Referring Questions of Law to Larger Benches is in Ignorance of the Doctrine of Stare Decisis' as it amounts to too sharp a criticism of the Supreme Court. When i was a young lawyer, for instance when the Judges 2 case was delivered, i felt the judgement to be a re-writing of the constitution. The Supreme Court snatching away the powers of the executive. I felt the Judges 2 case cannot even be called a judgement because there was no cause of action. There existed...

26 February

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My experience in Justice Arun Mishra’s Courtroom in relation to the Maradu Demolition case

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Maria Nedumpara My experience in Justice Arun Mishra’s Courtroom in relation to the Maradu Demolition case, though less personal, was just as appalling. A number of lawyers were before his lordship literally pleading for a chance to speak. 350 and odd families had been forcefully evicted in a period of 4 days, in the most inhumane manner. They were driven out of the homes in which they had been residing in for more than 9 or 10 years, the homes which they had purchased with a lifetime’s worth of savings. It would come as a shock to anyone reading this that...

26 February

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In the Supreme Court of India Civil Original Jurisdiction

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WRIT PETITION (C) NO.________OF 2019 BETWEEN Mathews J. Nedumpara &Ors. ...

26 February

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A lamentation

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Being a fair critic of the judiciary, nay, judicial decisions, has meant enormous suffering in all sense to me. Still, I do not regret, for, the mite which I could contribute was so important that, had I not ventured, probably the issues which are so vital to us as a constitutional Democracy would not have come to the public domain at all. It is we who brought to the public domain for the first time, since collegium came into existence, that, the legal and judicial dynasties, so too, influential politicians plan things in such a way that their progenies become...

26 February

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National Lawyers’ Campaign For Judicial Transparency & Reforms

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Registration No: MH/MUM/1701/2015/GBBSD 304, Hari Chambers, 3rd Floor, 54/68 SBS Marg, Near Old Custom House, Fort, Mumbai- 400 023 Tel: 022 22626634 / Mobile: +91 98205 35428 / +91 9769110823 E. Mail: nationallawyerscampaign@gmail.com 23rd February, 2019 PRESS NOTE Abolition of designation of lawyers as Senior Advocates, which leads to classification of lawyers into two classes, namely, (i) the elite class of lawyers, the kith and kin, nephews and juniors of sitting and former Judges of the Supreme Court and High Courts, so too of celebrated lawyers, Chief Ministers, Governors et al, and a few first generation lawyers who are all politically connected or are close to...

26 February

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National Borrowers’ Association

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304, Hari Chambers, S.B.S. Road, Fort, Mumbai-400 023 MINUTES OF THE 3RD GENERAL BODY MEETING HELD AT HARI CHAMBERS, MUMBAI, ON 7TH AUGUST, 2019. The 3rd General Body Meeting of the National Borrowers’ Association (NBA) was co-chaired by Shri Sunil Gupta, alumni of IIT, Powai, Mumbai, and Shri Mathews J. Nedumpara, President of National Lawyers’ Campaign for Judicial Transparency and Reforms, Mumbai. A large number of borrowers, many of whose very residential homes were dispossessed without due process of law upon orders of Chief Metropolitan Magistrate/District Magistrate on applications under Section 14 of the SARFAESI Act, narrated the great injustice done to...

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...

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