Nedumpara

JUDICIAL IMMUNITY/TORTIOUS LIABILITY

JUDICIAL IMMUNITY/TORTIOUS LIABILITY Mathews J Nedumpara “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. […]

No recovery against MSMEs without attempt at revival as provided by law.

No recovery against MSMEs without attempt at revival as provided by law. Mathews J Nedumpara Economists believe that in a decade or two India is going to be the world’s third largest economy. Our country, once starved for foreign exchange, now probably attracts more foreign exchange than any other country. The reason is the demographic […]

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

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 Mathews J Nedumpara Common people, often reassured by news reports where the High Courts under Article 226 and even the Supreme Court under Article 32 come […]

Article 141 does not sanctify Judicial Legislation (as a clarification to a query)

Article 141 does not sanctify Judicial Legislation (as a clarification to a query) Mathews J Nedumpara 22.06.2024. I Am not against the doctrine of “stare decisis et non quieta movere”, nay, precedents,but only against it being reduced to a great menace,nay, absurdity. The difference between ” res judicata” and “stare decisis” is forgotten. That is […]

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, […]

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

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 […]

PIL is antithetical to the Principles of natural justice

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 […]