26 November

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Can anyone imagine of a greater injustice than the refusal of the courts and tribunals to extend the benefits of the notification dated 29.5.2015 of the Central Government under Section 9 of the MSMED Act, to the MSMEs?

Can anyone imagine of a greater injustice than the refusal of the courts and tribunals to extend the benefits of the notification dated 29.5.2015 of the Central Government under Section 9 of the MSMED Act, to the MSMEs? Mathews J Nedumpara 26th November 23 The notification was issued in the larger interest of the nation, the Banks and Financial institutions, millions of small entrepreneurs and traders who make the economy of the country sail smoothly, so too millions of workers employed by the MSMEs. MSMEs contribute to the nation building in no mean way. They manufacture goods and provide for services, nay create...

29 August

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An appeal to the Honourable Chief Justice of India and Companion Judges

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An appeal to the Honourable Chief Justice of India and Companion Judges Mathews J Nedumpara 29.08.2023 98205 35428 The current system of judges appointing themselves mostly of their kith and kin, near and dear and of judges anointing mostly their kith and kin as Senior Advocates is a pernicious practice which has destroyed the institution of judiciary, nay, both a fraud on the Constitution. The Supreme Court has absolutely failed the people of this country. It has no time to hear and decide the real cases involving the lives, properties and liberties of the common people. The average time it devote to hear an SLP...

26 July

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PIL is antithetical to the Principles of natural justice

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PIL is antithetical to the Principles of natural justice Mathews J Nedumpara 98205 35428 26th July 2023 The Supreme Court has done great disservice to the nation by allowing Ashwani Upadhyay, Prashant Bhushan and their ilk to file so called PILs on issues which are not justiciable at all for publicity. The judges permitted the forum of the Supreme court to be abused because PILs allowed them to usurp matters falling in the exclusive province of the executive and legislature and rule the country, particularly on populist issues which make such abuse difficult to be criticized. I whole heartedly welcome people taking up the cases...

24 July

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The need to bring an end to the out of turn hearing of cases of only the rich, powerful and the elite represented by “senior advocates” at the cost and detriment of the less privileged involving enforcement of valuable constitutional and legal rights – reg.

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The need to bring an end to the out of turn hearing of cases of only the rich, powerful and the elite represented by "senior advocates" at the cost and detriment of the less privileged involving enforcement of valuable constitutional and legal rights - reg. Mathews J Nedumpara 24th July 2023 Hon'ble Shri Nitin Jamdar Acting Chief Justice, High Court of Bombay May it please your Lordship, This is the lastest in a long chain of letters which i have addressed to the Chief Justices/Acting CJs, ever since I happened to enter the portals of the Bombay High Court 15 years ago, as a total stranger,...

28 February

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Abolish Senior Designation

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Abolish Senior Designation Mathews J Nedumpara President, NLC 28.02.2023 It is hearting to note that a large number of my esteemed brothers and sisters from the legal fraternity have joined this Group being determined to fight against the senior advocate designation system which was not in existence in this country until 1966. Unless and until this discriminatory and unjust system is not abolished, the legal system of our country has no future at all. In fact, what is at an even greater stake is the very institution of our Judiciary. Only a few people in our nation realize the great risk the country faces...

26 February

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SAVE US FROM ‘COURTOASTROPHY’ PRAY HOME BUYERS IN COCHIN

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SAVE US FROM ‘COURTOASTROPHY’ PRAY HOME BUYERS IN COCHIN 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...

26 February

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If the king (sovereign) is below God and the law, the judges and the depositories of the judicial power of the sovereign are not above God and law

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Hon'ble Mr. Justice Dipankar Datta,Chief justice,High Court of Judicature at Bombay. May it please your Lordship, I logged in to the Chief Justice's Court even before 11 am this morning and sat all throughout, waiting to be admitted, inspite of the unbearable pain due to slipped disc. I send a screenshot via whatsapp to Shri Chandwani, Prothonotory, and Shri Nikumb, your lordship’s associate, pointing out that I have not been admitted and requesting them to admit me, since my case, Sr. No. 29, a petition instituted by a designated covid hospital seeking immediate oxygen supply. I do not wish to attribute any...

26 February

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Judicial Accountability Act – A must for protection from wilful denial of justice, impropriety and corruption

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01.01.2022. There are innumerable instances in India, nay, even in US, UK and other advanced countries, of innocents being convicted and sentenced to death and their innocence being brought to the public domain after they have been executed or have undergone the punishment. In the western countries, such conviction of innocent men and women is the result of the fallibilty of the justice delivery system manned by even the best. Adoption of modern technology in the detection of crime and prosecution, including video recording of court proceedings is certain to reduce innocent people being convicted because of human error to the...

26 February

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

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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

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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...

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