26 February

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I agree to a large extent with Justice Gogoi that the justice delivery system in India is ramshackled

Mathews J Nedumpara 98205 35428 28.02.2021 I agree to a large extent with Justice Gogoi that the justice delivery system in India is ramshackled. Though I prefer to use a different terminology. It is certainly facing a grave crisis. The question is who is responsible. I cannot comment on the role of the judges and I refrain from doing so. I would only say people like Justice Gogoi have no morale right to lament. It is the so called legal luminaries who destroyed the institution of judiciary. They reduced the absolutely useful tool of stare decisis, nay, precedent to a number game introducing...

26 February

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Writ petition (c) no. 1259/2019 seeking directions of the implementation of the judgement of the Supreme Court in Swapnil Tripathi v. Supreme Court of India, in which I was also a party. Namely, WP (c) no. 861 of 2018

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25.3.2021 To, 1. Secretary General Supreme Court of India 2. Registrar, Judicial Supreme Court of India 3. Office in charge of listing of cases 4. Section officers and other dealing Assistants in charge of listing Sub: Writ petition (c) no. 1259/2019 seeking directions of the implementation of the judgement of the Supreme Court in Swapnil Tripathi v. Supreme Court of India, in which I was also a party. Namely, WP (c) no. 861 of 2018. The Writ petition on the subjected cited above has been pending for the last more than 2 years and it has not even once been listed after its final numbering, though, I made repeated...

26 February

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In The Supreme Court of India Civil Original Jurisdiction Review Petition (Civil) No. ___ of 2018

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IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION REVIEW PETITION (CIVIL) NO. ___ OF 2018 IN WRIT PETITION (CIVIL) 1303 OF 1987 [Seeking review of the judgment dated 06/10/1993 passed by this Hon'ble Court in Writ Petition (Civil) 1303 of 1987 reported as Supreme Court Advocates-on-Record Association And Anr. v. Union of India, (1993) 4 SCC 441] National Lawyers’ Campaign for Judicial Reforms and Transparency, represented by its Secretary, A.C.Philip & Ors REVIEW PETITIONERS IN THE MATTER OF: The Supreme Court Advocates-on-Record Association and anr . …..PETITIONERS VERSUS The Union of India …..RESPONDENT WITH IA.NO. OF 2018 Application seeking a declaration that there is no delay in filing the Review Petition/Condonation of delay. WITH IA.NO. OF 2018 Application for...

26 February

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The allegation that Justice B S Indrakala, judge of Karnataka High Court gave a bribe of Rs. 8.5 crore for securing the post of Governor is nothing but the tip of the iceberg

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The allegation that Justice B S Indrakala, judge of Karnataka High Court gave a bribe of Rs. 8.5 crore for securing the post of Governor is nothing but the tip of the iceberg. Corruption in judiciary is a reality. It is rampant, maybe even of a greater scale than in other departments of the government. I happen to be back in Kerala High Court after a gap of almost 20 years due to the Covid-19 pandemic. To my utter shock even the Kerala High Court had changed. A number of allegations were brought to my notice. They wanted me to...

26 February

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In the Supreme Court of India Civil Original Jurisdiction Writ Petition (c) no.____of 2019

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IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.____OF 2019 BETWEEN Mathews J. Nedumpara &Ors. ...

26 February

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Ravenous wolves in the clothing of a sheep

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Mathews J Nedumpara President Campaign For Home For All. 28.5.2020 " Ravenous wolves in the clothing of a sheep " The miseries which the millions of migrant labourers had to face with the imposition of the lockdown, so too its easing no words can adequately describe. It would wrench the hearts of even the most hardened ones. But the question is: could the governments be entirely blamed for the same even while fully accepting that there has been great shortcomings even in Kerala which has managed the Covid pandemic exceedingly well? But the question is: are not these functions falling under the exclusive province of...

26 February

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Who is responsible for demolition of Maradu homes – an injustice which has no parallel in history

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Keralites across the breadth and width of the globe, nay, millions of people, with bated breath, watched five apartment buildings in Maradu, a prime location of Cochin surrounded by lakes and lush green, crumble down with a mushroom of dust being formed, as if an atom bomb has been dropped. While a few sadists, insane minds, knowing not what the ramifications are, celebrated, clapping their hands and beating drums, millions all over the world were deeply pained by the demolition, which was nothing but madness. They could not believe their eyes and they pondered why such madness was allowed to...

26 February

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

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

26 February

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NLC’s agendas are certain to become a reality

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10.5.2021 NLC's agendas are certain to become a reality because: 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...

26 February

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Have Articles 226 and 32 led to denial of Justice. Will repeal of it lead to injustice?

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Have Articles 226 and 32 led to denial of Justice. Will repeal of it lead to injustice? Mathews J Nedumpara 98205 35428 Ambedkar described Article 32 as the very heart and soul of the Constitution. Our founding fathers, many of whom were victims of illegal arrest and confinement, being part of the freedom struggle, incorporated in our constitution, Part III, fundamental rights. By virtue of Article 32 of the Constitution a citizen can approach the Supreme court for the enforcement of his/her fundamental rights and that very right to access the Supreme Court itself was declared to be a fundamental right. It is...

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