20 July

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Rule of law must prevail:Nedumpara’s Third petition in SC seeks FIR against Justice Varma (Part 1)

IN THE SUPREME COURT OF INDIA (CIVIL APPELLATE JURISDICTION) WRIT PETITION (CIVIL) NO. OF 2025 (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) IN THE MATTER OF: MATHEWS J. NEDUMPARA & ORS. PETITIONERS VERSUS THE SUPREME COURT OF INDIA & ORS. RESPONDENTS WITH I.A. NO. OF 2025 APPLICATION FOR PERMISSION TO APPEAR AND ARGUE IN THE ABOVE-MENTIONED WRIT PETITION FILED BEFORE THIS HON’BLE COURT AS PARTY IN PERSONS PAPER BOOK (KINDLY SEE INDEX INSIDE) MATHEWS J. NEDUMPARA & 3 ORS.: PARTY-IN-PERSONS MOB. NO. +91 9820535428 RECORD OF PROCEEDINGS S.NO. RECORD OF PROCEEDINGS PAGE NO. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. INDEX S. No. Particulars of Documents Page No. of part to which it belongs Remarks Part I [Contents of Paper Book] Part-II [Contents of file alone. [i] [ii] [iii]...

14 July

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“Good men must not obey the law too well” – video recording of court proceedings and its circulation

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Mathews J. Nedumpara 98205 35428 17.03.2025. The Kerala High Court took objection to our recording of the proceedings and sharing of the same. Though not done by me personally, I have no hesitation to take responsibility. Several MSMEs perturbed by the unfortunate fact that the Courts have been denying them the benefit of the notification which has received the assent of both houses of the Parliament which prohibits recovery action except with the permission of the committee, record the VC proceedings, at the various forums, High Court, Supreme Court etc. 2. Quite recently I defended the cause of an MSME before the Kerala High...

14 July

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Where a statute provides for an appeal against an interim order, is it open to a litigant to choose at his sweet will, a variation at the hands of the court of first instance or to opt for an appeal? Does the doctrine of res judicata have any application

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(Excerts from an affidavit drafted by Sri. Nedumpara) 1. This Court by its order dated 21.12.2021 was pleased to protect me from dispossession, but subject to the condition that I pay an amount of Rs. 25 lakhs. Had this Court had the benefit of hearing my lawyer, I bonafide believe, that this Court would have protected me without conditions. I sought my counsel’s advice. He told me that I can seek correction of the order before this Court (single bench) itself, or prefer an appeal under Section 5 of the Kerala High Court Act, which provides for an appeal even against...

14 July

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Judicial Reforms: Is the hope in Chief Justice Chandrachud waning?

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Mathews J Nedumpara 26.01.2024. 98205 35428 Judicial Reforms: Is the hope in Chief Justice Chandrachud waning? While some say that their hope in Justice DY Chandrachud, in bringing about judicial Reforms has been waning, I still remain hopeful. There are areas where I differ in opinion from Justice Chandrachud, but when compared to those areas where we are on the same page, the former pales. Many of my fellow lawyers, particularly those who hail from rural areas and who belong to SC/ST and have had their early education in the vernacular language, had expected sweeping changes during Justice Chandrachud’s tenure as Cheif Justice. 14...

14 July

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Wholly avoidable hurdles created by the department of the registry of the High Court dealing with the writ jurisdiction (civil) – Request for intervention.

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Mathews J Nedumpara President National Lawyers Campaign For Judicial Transparency and Reforms, NLC 98205 35428 09.02.2024 To, Hon’ble Mr. Justice S. V. Gangapurwala The Chief Justice of the High Court of Judicature at Madras May it please your Lordship, Sub: Wholly avoidable hurdles created by the department of the registry of the High Court dealing with the writ jurisdiction (civil) – Request for intervention. 1. The Madras High Court being one of the oldest chartered high courts of this country, has all throughout been a role model to all high courts and has produced a galaxy of eminent lawyers and judges. Any outstation lawyer who visits the Madras High Court...

14 July

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The Supreme Court ought to hear SLPs concerning the very lives, liberties and properties of the citizens of this country and adjudicate real lis, rather than spending all its time on matters falling in the exclusive province of the legislature and executive, such as demonitisation, NJAC, CEC, Article 370, etc. – A critical analysis of the functioning of the Supreme Court of India.

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Mathews J. Nedumpara 6.9.2023 1. In the Supreme Court of India, on an average 60,000 Special Leave Petitions (SLPs) are filed under Article 136 of the Constitution. Any person aggrieved by any judgment, decree, determination, sentence or order of any court or tribunal, can seek the leave to appeal. For instance, a person aggrieved by an order of a Magistrate seeking to dispossess him of his home, where he has not been heard, can straight away invoke Article 136. 2. Today, almost 90% of cases instituted in the Supreme Court are SLPs. Writ petitions under Article 32, Public Interest Litigation (PIL) etc. constitute...

14 July

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

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By Mathews J. Nedumpara It is said that even Homer nods at times, meaning that sometimes even very eminent and scholarly men err, for, to err is human. Lord Halsbury, known for his monumental work titled “Halsbury’s Laws of England”, in London Street Tramways Co. v. London County Council [1898] AC 375 (HL), had held that House of Lords is bound by its own decisions. That was a great deviation from the view hitherto then in force that no precedent is absolutely binding, but is only a guidance. Justinian, known for his great work called “Corpus Juris Civilis”, so too...

14 July

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Insult and ill treatment of advocates, particularly, junior members of the bar by Hon’ble Shri Justice Prithviraj Chavan

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MATHEWS J. NEDUMPARA 101, Gundecha Chambers, Nagindas Master Road, Kala Ghoda, Fort, Mumbai, Maharashtra 400001 Mob: +91 98205 35428 E-mail: mathewsjnedumpara@gmail.com 18th June, 2024 To, Hon’ble Shri Justice Devendra Kumar Upadhyaya Chief Justice, High court of Bombay May it please your lordship, Sub: Insult and ill treatment of advocates, particularly, junior members of the bar by Hon’ble Shri Justice Prithviraj Chavan 1. I never anticipated that I will have another occasion to address a letter such as the instant one, and I certainly had hoped not. However, I am constrained to write the instant letter, lest I should be failing in my duty as a senior member of the bar. 2....

14 July

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JUDICIAL IMMUNITY/TORTIOUS LIABILITY

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Mathews J Nedumpara 98205 35428 23.06.2024. JUDICIAL IMMUNITY/TORTIOUS LIABILITY “Rex non potest peccare”, namely that the king can do no wrong, is a fundamental principle of law. Stated in simple terms, the king is not liable for any action of his agents and servants. This concept, over the centuries, was much diluted with many an exception being accepted. Today, except judicial function, the king, namely, the sovereign, is liable for the tortious action of his delegate/trustee/servant. The sovereign immunity is not absolutely available even against the armed forces. The concept of absolute immunity which the judges of the superior courts in India enjoy and assert...

14 July

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Reason for millions of MSMEs to rejoice

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Mathews J. Nedumpara 29th July, 2024 98205 35428. Reason for millions of MSMEs to rejoice 1. MSMEs are the backbone of the economy in terms of employment and wealth creation, it has as great a role as that of large corporations. It has been the legislative policy since independence to bring in mechanisms to promote MSMEs and to prevent them from falling sick. The MSMED Act and the notification dated 29.5.2015 is one of the most significant steps in that direction. 2. However, the entire legislative policy was put to jeopardy by the judgment of the High Court of Bombay dated 11.1.2024 holding that the...

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