26 February

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Rohini Amin’s Appeal to the Members of Parliament to protect the Parliament from judicial invasions

Rohini AminGeneral Secretary, National Lawyers Campaign For Judicial Transparency And Reforms07.08.2021Hon’ble Members of Parliament and State Legislatures, Our constitutional democracy is founded on the principle that Parliament being the representative body of the people is Supreme. However, if a law enacted by the Parliament violates fundamental rights it is void being in violation of the very Constitution. There can be no dispute about it. However, abusing the concept of judicial review and through a mechanism called PIL which is against the very fundamentals of jurisprudence the courts have trenched into the domain of the executive and legislature. And as a result in...

26 February

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Court Mandated Capture of the Churches of the Jacobite Christians- Who Is At Fault?

Posted by Mathews J Nedumpara

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1. Kerala, today, faces the curious scenario of the High Court ordering forceful takeover of the churches of the Syrian Jacobite Christians owing allegiance to the Patriarch of Antioch, in the purported implementation of the orders of the Supreme Court with many a bench of the High Court asserting that ‘rule of law’ being the very basic feature of the Constitution, the executive is dutybound to enforce the judgments of the Supreme Court, even if it would mean deploying central forces. The state government through none less than the Chief Secretary stated on oath that it is dutybound to implement...

26 February

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“Lord, forgive them for they know not what they do”, adieu Justice Nariman”

Posted by Mathews J Nedumpara

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11.08.2021 The common citizens, particularly, the informed section, are proud that we have one of the best and most comprehensive constitutions in the world. Our constitution has a specific chapter stating in great elaboration, the sacrosanct rights such as equality, freedom of speech and expression, life and personal liberty, faith and conscience, etc. By virtue of Article 32 when these fundamental rights are infringed, a citizen as a matter of right, is entitled to approach the Supreme Court directly without recourse to any other Court, though otherwise the law is that one shall invoke the jurisdiction of the lowest court of...

26 February

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Has not Article 137 of the constitution providing for review become otiose, so too, the curative jurisprudence created through judicial legislation, unknown to jurisprudence elsewhere in the world.

Posted by Mathews J Nedumpara

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20.8.2021 One of the senior most members of the NLC, out of anguish that SLPs, review petitions and curative petitions are dismissed in one-line/stereotypical orders, preferred an application under the RTI Act seeking the data concerning the total number of petitions filed under each category, the average time taken for hearing and final disposal and the percentage of such petitions being allowed or dismissed. The Registry of the Supreme Court replied to him saying that the Court does not maintain any data concerning the same, even as to the number of matters dismissed or allowed. However, he did not give up....

26 February

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Supreme Court of India or the Court of Henry ll?

Posted by Mathews J Nedumpara

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Many of us may not know our connection with the Roman law. Julius Caesar invaded Britain in 55 BC and England was under the Roman rule from AD 43 to AD 410. The Romans made many highways, some of which are in existence even today. I make a mention of highways because it has a connection with our criminal jurisprudence. In the early medieval days, all crimes were not considered as an offence against the king and his peace. Offences like treason, disseisin (seizing of land belonging to another) which affected the King's interest alone were considered as an offence...

26 February

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Nedumpara’s Letter to CJI on judicial Reforms

Posted by Mathews J Nedumpara

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2nd September 2021 Hon'ble Shri. N.V.Ramana,Chief Justice India, New Delhi May it please your Lordship, Sub: Judicial reforms to secure equal opportunities for all sections of lawyers in judicial appointments/as law officers of the government and public bodies, bringing an end to discriminative practices like designation and separate dress code which has a seeming imprimatur, audience to discuss these and other vital issues – Reg. I, as the President of the National Lawyers Campaign for Judicial Transparency and Reforms (NLC), a campaign which is born out of the unjust and unfair practices meted out to the common litigants and lawyers, have been demanding radical...

26 February

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There is no way to salvage our legal system unless and until we abandon the current practice of treating res judicata as precedent

Posted by Mathews J Nedumpara

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In this country, the distinction between the concept of res judicata and precedent is largely forgotten. As a result, a judgment of a superior court in a case between A and B, which may be erroneous but binding on the said parties, becomes binding on C and D, nay, on posterity as the law of the land. Often it is misconceived that every word of a judgment of a superior court is binding, the law of the land. Seldom is it realized that it is difficult to name even a single principle which never ever existed, which our Courts since...

26 February

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NLC’s agendas are certain to become a reality

Posted by Mathews J Nedumpara

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10.5.2021 a) unlike before, a large section of the legal fraternity informed public, and in particular the press, is aware that the Collegium system of appointment and designation of lawyers as senior advocates have completely destroyed any semblance of inclusiveness in the higher judiciary as well as the in designated bar. People now readily accept that there is a real apartheid in the justice delivery system, b) the concept of virtual court, which includes making available the records of the court proceedings to the litigants cannot be denied forever. The mounting public opinion willl compel the court to do it sooner than...

26 February

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Immunity induced by Covid infection and vaccination. What is the difference?
Dr Thomas Nedumpara FRCS
Surgical Oncologist
North Cumbria University hospitals Cumbria,UK.

Posted by Mathews J Nedumpara

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Immunity is induced differently by natural infection and vaccination. Immunity broadly is of two types cell mediated immunity by T lymphocytes and specific antibodies against viral proteins mediated by B lymphocytes. It is easy to measure antibody levels and when present in the blood we call the person seropositive. Cell mediated immunity by killer T cells is more difficult to measure but play a crucial role in destroying the infected cells and T cells also stimulate B cells to produce antibodies. Since SARS2 virus causing Covid 19 infection is new we don’t have enough data about how long the immunity...

26 February

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Suit in challenge of the conversion of TATA Sons Ltd of which the de facto owners are the poor, the destitute, the homeless, the sick and the starving into a Pvt Ltd Company which is certain to adversely affect the interests of the poor , the beneficial owners of the TATA Trusts.

Posted by Mathews J Nedumpara

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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY S.C. SUIT NO.__ OF 2018 Sunil Shantisarup Gupta and Ors. … PlaintiffsVersus Tata Sons Private Limited & Ors. … Defendants GIST OF PRAYERS a) declare that the Resolution dated 21.09.2017 (Exhibit “D” hereto) adopted by Defendant No.1 for conversion of Tata Sons Limited, a Public Limited Company, into Tata Sons Private Limited, a Private Limited Company, is without jurisdiction and one rendered void ab initio; b) declare that the order dated 09.07.2018 (Exhibit “E” hereto) passed by the National Company Law Board, Mumbai, allowing conversion of Defendant No.1 Tata Sons Limited, a Public Limited Company, into Tata Sons Private...

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