13 November

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Loot the Adanis and Ambanis if you have to, but spare the taxpayers- A request to Mr. Fali Nariman

Loot the Adanis and Ambanis if you have to, but spare the taxpayers- A request to Mr. Fali Nariman Mathews J Nedumpara 98205 35428 13.11.2022 I am once again surprised to come across an order of the Government of Kerala, law department dated 3.11.2022 in the social media titled 'payment of professional fees to Shri Fali S Nariman, Senior Advocate, Supreme Court, for providing 'written legal opinion in Re Kerala Legislative Assembly Bills'. On verifying I had no reason to doubt the genuineness of the order which has become viral on social media. The Government order states that the Government has sanctioned a total...

15 October

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Who becomes the Chief Justice of India?

Posted by Mathews J Nedumpara

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Who becomes the Chief Justice of India? Mathews J Nedumpara 15.10.2022. Till the recent past, this had been the concern only of lawyers, and that too of the elite among them. The same is the case with almost all democracies, Pakistan would be the sole exception. Appointments to the judiciary, including to that of the highest court of the land, in all democracies, except for India and Pakistan, does not include any kind of sensation. Judges, by the very nature of their job require to live a relatively secluded life. Judges used to wear wigs symbolising that their identity is of little consequence....

09 January

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Judgements of the Supreme Court are no law of the land but only precedents, binding only if it is not per incurium/ Repeal Article 141 to bring an end to the tyranny and abuse of precedents.

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Judgements of the Supreme Court are no law of the land but only precedents, binding only if it is not per incurium/ Repeal Article 141 to bring an end to the tyranny and abuse of precedents. Mathews J Nedumpara 98205 35428 09.01.2022 Law is a simple subject. It ought to be simple because it is all about regulating the conduct of our society, institutions and government. It does not require a great intelligence to understand that it cannot be as complex as rocket science. However, if you enter a lawyers chamber you will find large volumes of law reports, text books and commentaries. Judgments...

12 May

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Supreme Court of India or the Court of Henry ll?

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Supreme Court of India or the Court of Henry ll? Mathews J Nedumpara 98205 35428 12.5.2021 Supreme Court of India or the Court of Henry ll? Many of us may not know our connection with the Roman law. Julius Caesar invaded Britain in 55 BC and England was under the Roman rule from AD 43 to AD 410. The Romans made many highways, some of which are in existence even today. I make a mention of highways because it has a connection with our criminal jurisprudence. In the early medieval days, all crimes were not considered as an offence against the king and his peace....

07 August

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Res judicata qua stare decisis- Is our constitutional law built on sand?

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Res judicata qua stare decisis- Is our constitutional law built on sand? Mathews J. Nedumpara 7.8.20 Thanks a lot for taking the trouble to read the 26 page review petition. I would recommend to all lawyers and even non lawyers with an academic interest in matters concerning law to carefully go through the same. Even the greatest of judges and lawyers failed to notice that what is binding so far as the concept of res judicata is concerned is the decision. For instance, where a majority in a bench of five judges (4:1) hold a goat as a dog from the point of...

01 July

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Are not the civil courts the real ‘constitutional courts’?

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Are not the civil courts the real ‘constitutional courts’? - Mathews J Nedumpara 1st July 2020 98205 35428 In the last two decades or so, we have often heard the elite lawyers in Delhi referring to the Supreme Court as constitutional courts which gives the impression to the common man that the Supreme court and High courts are the only courts empowered to interpret the constitution. The question is, in doing so, are they not committing a fraud on the constitution. I have, in my article titled, ‘Ten myths of constitutional law’, dealt with at some length of the falsehoods which have become gospel...

02 June

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CAMPAIGN FOR HOME FOR ALL

Posted by Mathews J Nedumpara

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CAMPAIGN FOR HOME FOR ALL Mathews J Nedumpara 2nd June, 2019 To 1. Hon'ble Sri Pinarayi Vijayan, Chief Minister of Kerala, 141, 3rd Floor, North Block, Government Secretariat, Thiruvananthapuram – 695001 2. Hon'ble Sri Ramesh Chennithala, Leader of Opposition, Kerala. 3. Hon'ble Shri Harindersingh Puri, Union Minister for Housing, New Delhi. 4. Hon'ble Sri Muraleedharan, Minister of State for External Affairs, New Delhi. 5. Shri K.K. Venugopal, Attorney General of India, New Delhi. Honourable Sirs, I address your Honourable Sirs as the President of the Campaign for Home for All, an NGO registered under the Maharashtra Public Trusts Act, which work for the cause of the millions who live in slums, matchbox-like tenements, dilapidated buildings and the homeless. 2. The judgment of the...

31 March

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National Lawyers’ Campaign For Judicial Transparency And Reforms

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National Lawyers' Campaign For Judicial Transparency And Reforms 31.3.2014 Objectives 1) Abolition of Collegium system of appointment and transfer of judges and the substitution of the same by an independent judicial appointments commission where neither the executive nor the judiciary will have a primacy.The NJAC shall advertise the vacancies and invite applications from all eligible candidates; 2) Creation of a Judicial Ombudsman to deal with the complaints of corruption and malpractices against judges; 3) Audio/video-recording of proceedings of all Courts and Tribunals and access to such records to the litigants, lawyers and public; 4) Reintroduction of the policy of transfer of 1/3rd of judges out of their...

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