There is no way to salvage our legal system unless and until we abandon the current practice of treating res judicata as precedent
15.7.2021 There is no way to salvage our legal system unless and until we abandon the current practice of treating res judicata as precedent 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 […]
“If the King was not above law, but under God and the law, the Master of the roster, the Chief Justice too is not above the law”
A Division Bench of the Allahabad High Court dismissed with a cost of Rs. 20,000/- a petition by one Arun Misra as a ‘party – in – person’ seeking a direction that certain Writ Petitions instituted by him shall not be listed before a particular judge. The order of the court is cryptic and […]
Demolition of Maradu homes, who will tell the court that it went wrong?
In a situation as the instant one, where a Court has ordered demolition of five multi-storied buildings in a proceeding in which the flat owners were not parties, without notice to them and without hearing them, and the judgment thus rendered not being res judicata, not binding on them, one void ab initio, one […]
Is it true that our legal system is founded on the premise that no court can do justice? (Read the arguments notes by Shri Nedumpara in challenge of Section 14 of the SARFAESI Act)
Mathews J Nedumpara Brevity is the soul of wit, said Shakespeare. I would therefore like to keep the instant argument note as brief as possible. I do so for more than one reason.It is a travesty of justice that today in the 21st century when even jurisdictions other than civil law and common law countries […]
Are not collegium a synonym for nepotism?
AN OPEN LETTER TO THE COLLEGIUMMay it please Your Lordships, I have come to know from the social media that the collegium of the Supreme Court of India has recommended Chief Justice Maheswari of the Karnataka High Court and Justice Sanjeev Khanna of the Delhi High court as judges of the Supreme Court. It was […]
Are not the eminent lawyers who lament at the misery of migrant labourers ‘ravenous wolves in the clothing of a sheep’?
28.5.2020 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 […]
Nedumpara’s Open Letter To The Hon’ble PM, CJI, Chief Justices Of The High Courts, Members Of Parliament
13.3.2021 An Open Letter To The Hon’ble Pm, Cji, Chief Justices Of The High Courts, Members Of Parliament Hon’ble Sirs and Mesdames, When Hon’ble Justice Indu Malhotra was elevated as a judge of the Supreme Court of India, the undersigned, who is only too conscious of his insignificance, had an immense sense of happiness and […]
Review of the judgement of the 9 judge constitution bench of the Supreme Court in Judges 2 case in 1993
Review of the judgement of the 9 judge constitution bench of the Supreme Court in Judges 2 case in 1993 The judges 2 case is of monumental significance so far as our very existence as a constitutional democracy is concerned. For those like my daughter, a young lawyer, my juniors and the thousands of […]
Nedumpara’s Open Letter to Justice Kurian Joseph
3rd December, 2018ToHon’ble Mr. Justice Kurian Joseph ,Former Judge, Supreme Court of India,New Delhi.OPEN LETTERMAY IT PLEASE YOUR LORDSHIP: Yours sincerely,(Mathews J. Nedumpara)President,NLC
Demolition of 350 residential flats, Harish Salve’s monumental failure to defend Govt. of Kerala
27.09.2019 Today is probably one of the saddest days in my life as a lawyer. Sri Harish Salve, whom the media has always glorified as one of the greatest of lawyers for his hair splitting arguments, a national icon since his appearance in Kulbhushan Jhadav, reduced himself to be one of the very ordinary lawyers, […]