28 February

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Abolish Senior Designation

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...

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

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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

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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.

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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.

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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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