26 February

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Suo motu PILs and judicial activism is undemocratic and a threat to the independence of judiciary

Mathews J NedumparaPresident, NLC98205 354287.11.2021 Nobody can be an actor (suitor) and a judex (judge) at the same time is a fundamental principle of law. A court can make an exception to that to correct grave errors at its hands, suo motu, acting on itself. Judges are free citizens and they are free to do whatever is not prohibited by law is not a correct perception. The office they occupy is sacrosanct and their conduct should be exemplary. They should command respect by the quality of their judgements, erudition, their independence, fairness and impartiality. It is forbidden for a judge to...

26 February

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Judges’ disease

Posted by Mathews J Nedumpara

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09.01.2022 Judges' disease There can be no two opinion that the bar and the bench are the two sides of the same coin and should respect each other and maintain a cordial and healthy relationship. However, as legendary Justice Krishna Iyer has lamented a not so minority among the judges become afflicted of " judges disease " and treat litigants and lawyers badly. The hapless lawyer and the litigant, the victim of arrogance, pomposity and irritability of the judges if had reacted out of sense of hurt, being humiliated and ill treated publically is threatened with contempt. The only option open to...

26 February

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Jacobite Christians’ desperate plea for justice in the Kerala High Court by way of an impleadment petition against the betrayal by their own leadership

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BEFORE THE HON’BLE HIGH COURT OF KERALA AT ERNAKULAM IA 2021 WRIT PETITION No. 27219 of 2019 ...

26 February

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In our legal system, if a lawyer is falsely accused of improper conduct, or where a judge acts unfairly, and denies a fair opportunity for a lawyer to represent his case, the law provides to him no remedies at all.

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MATHEWS J. NEDUMPARAAdvocate304, Hari Chambers, 3rd Floor, 58-64, S.B.S. Road, Fort, Mumbai-400 001.No.11, DD Tudor Villa, Padam Road, Cochin-682 023.E-mail: mathewsjnedumpara@gmail.com Mob:9820535428 5.10.2021 ToHon’ble Mr. Justice S. ManikumarChief Justice, High Court of Kerala Also to,Hon’ble Mr. Devan RamachandranJudge, High Court of Kerala May it please your Lordships, Sub: Hearing of the Church case at serial no. 124, today, 5th October, 2021 In our legal system, if a lawyer is falsely...

26 February

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The Founding Fathers, by incorporating Articles 226 and 32, reintroduced the dual system of administration of justice which was abolished in England in 1875, having proved to be counterproductive

Posted by Mathews J Nedumpara

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Common people, often reassured by news reports where the High Courts under Article 226 and even the Supreme Court under Article 32 come to the rescue of common people who are denied justice by the government and its instrumentalities, are granted instant and hustle free justice institute writ petitions when they face similar injustice. Except for a few High Courts like that of Kerala where relief under the writ jurisdiction is granted without being confronted by questions as to the maintainability of the petition for the petitioner not having exhausted the “alternative remedies”, realise that reality is different from perception. In high...

26 February

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Abolish sedition and contempt of court by scandalization, both

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In the 11-13th century, the monarch was not very powerful. He had to depend on barons for support. The King did not interfere in the affairs of the barons who were even allowed to run parallel governance, even courts. As time passed every crime was taken as a breach of the King's peace and was to be tried by the courts which sat in sessions, appointed by the king. Of all the offences, sedition, namely, even expressing a wish for the death of the King, his wife or family members was considered to be sedition. Between law of contempt and...

26 February

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Nedumpara’s suggestions to the SC on Video Recording of the court proceedings

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IN THE SUPREME COURT OF INDIAORDINARY ORIGINAL JURISDICTION WP(C) NO. 861/2018IN THE MATTER BETWEENMathews J. NedumparaAnd OthersPETITIONERS Versus The Supreme Court of India and Others RESPONDENTS TO THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUDGES OF THEHON’BLE SUPREME COURT OF INDIA HUMBLE SUGGESTIONS BY THE PETITIONERS ABOVENAMED MOST RESPECTFULLY SHEWETH: The Audio-Video Recording of Judicial Proceedings is a measure which is very safe and easy to implement, as the Petitioners had directly witnessed the same in a Contempt of Court Proceedings at the Nagpur Bench of Bombay High Court, as Counsels, where it was implemented on mere application of the Contemnor without calling for any suggestions....

26 February

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Syrian Jacobite Christians of Kerala had to suffer injustice only because eminent lawyers who conducted their cases were unfamiliar of the true ramifications of the concept of res judicata, res inter alios and stare decisis. (Read the synopsis of the Review Petitions by Sri. Nedumpara)

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Synopsis The Petitioners are constrained to file this review, sadly, only because this Honble court, the Petitioners beg to submit with all humility and with utmost respect, failed to record the core of their contention that the instant church in question, and for that matter not a single out of the 1064 churches of the Malankara Syrian Jacobite Church, was a party to the Samudayan case which has culminated in the judgement of the 5-judge constitution bench of the Supreme Court, namely, AIR 1959 SC 31 and, therefore, the said judgement is not binding on the Petitioner church and others. Had...

26 February

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Nedumpara’s letter to President, Kerala High Court Bar Association: An appeal for abolition of pernicious system of Designation of lawyers

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4th January, 2019 To Sri Ramkumar,Senior Advocate. Copy to: President and Members of the Kerala High Court Advocates’ Association. Respected Sir, Sub: Designation of lawyers – insult to the members of the Association. I happened to come across the letter which you have addressed to the President and Members of the Executive Committee of the Kerala High Court Advocates’ Association at 6.43 a.m. today on its being forwarded to me by a very close friend of mine, a fellow sexagenarian. The word ‘insult’ in the caption of your letter captured my thought. By 9 O’clock, I received a call from a good old friend, who had applied...

26 February

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Ignorance is not always a bliss

Posted by Mathews J Nedumpara

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Prashant Bhushan's opinion (on Modi government's alleged writing off bad loans of big companies) is wholly faulty and is based on a common misconception. He should have, as a lawyer, studied the subject before attacking the Government. I say so, because the Government has no role whatsoever, at all. Banks are obligated to write off bad debts under the accounting standards which are mandatory. Banks write off thousands of crores of rupees every year. If they don't do so, their balance sheets will not disclose the true and fair state of its financial affairs. Bad loans, be it of Nirav Modi's...

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