14 July

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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 98205 35428 Common people, often reassured by news reports where the High Courts under Article 226 and even the Supreme Court under Article 32 come to the rescue of common people who are denied justice by the government and its instrumentalities, are granted instant and hustle free justice institute writ petitions when they face similar injustice. Except for a few High Courts like that of Kerala where relief under the writ jurisdiction is granted without being confronted by questions as to the maintainability of the petition for the petitioner not having exhausted the “alternative remedies”, realise that reality is different from...

14 July

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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?

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Mathews J Nedumpara 98205 35428 26th November 23 The notification was issued in the larger interest of the nation, the Banks and Financial institutions, millions of small entrepreneurs and traders who make the economy of the country sail smoothly, so too millions of workers employed by the MSMEs. MSMEs contribute to the nation building in no mean way. They manufacture goods and provide for services, nay create the assets and wealth of the nation. The Parliament enacted MSMED Act acknowledging this indisputable truth. The RBI was mandated to enforce the Act and the notification. However, the RBI neglected and failed in its duty as a...

14 July

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The total abdication of the responsibility under the MSMED Act on the part of Advait Sethna, counsel for the Central government/senior officers of the Ministeries/Departments of MSMED/Banking, RBI, to support the legislative intention behind the MSMED Act and the notification dated 29.5.2015 providing for the nursing and care of MSMEs – reg.

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Mathews J Nedumpara 18.01.2024 98205 35428 To, Hon’ble Prime Minister Law minister Finance minister Minister for MSMEs Secretaries to the Govt of India in the depts/ministries of legal affairs, banking, MSMEs. Hon’ble Prime Minister/Sirs/Mesdames Sub: The total abdication of the responsibility under the MSMED Act on the part of Advait Sethna, counsel for the Central government/senior officers of the Ministeries/Departments of MSMED/Banking, RBI, to support the legislative intention behind the MSMED Act and the notification dated 29.5.2015 providing for the nursing and care of MSMEs - reg. I address the Hon’ble Prime Minister/Ministers and Secretaries of the Government of India, as a lawyer who has been relentlessly fighting for the cause...

14 July

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Banking laws: Multiple laws which created multiple forums made litigation infinite. What is the solution

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Mathews J. Nedumpara 9820535428 1. Faced with the mind-boggling burden of arrears which today is more than 3.4 crores in the case of the subordinate courts and more than 51.5 lakhs in the case of the High Courts and even 62,064 in the case of the Supreme Court, our legislature and the superior Courts invoking even legislative powers, which the founding fathers had never visualized, have created large number of tribunals in substitution of the Civil Court, even the High Court. However, far from reducing the backlogs, such laws and tribunals have contributed in inconceivable terms, towards adding to the existing backlog...

14 July

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Corruption in the Judiciary and the need to bring an urgent mechanism to deal with it.

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Mathews J. Nedumpara President, NLC 98205 35428 20.07.2024. Corruption in the Judiciary and the need to bring an urgent mechanism to deal with it. 1. One of my clients, an MSME, Perfect Infraengineers Ltd., engaged in the manufacture of Hybrid Thermal Solar Panels, received a call from one Ms. Mahi Bhatt on 23rd March, 2024, claiming to be representing the members of NCLT-I, Mumbai, demanding a bribe of Rs. 75 lakhs. The NCLT in the forenoon that day had adjourned an application under Section 7 of the IBC filed by a financial creditor, for pronouncement of orders. The caller informed by client that if the...

14 July

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HUMBLE APPLICATION OF THE APPLICANTS ABOVENAMED FOR IMPLEADMENT AS ADDITIONAL RESPONDENTS 52 TO 65

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. ___ OF 2023 IN CIVIL REVSION APPLICATION NO. (ST) 17199 OF 2023 Jagdish Ramdas Gujar & 13 Ors. …Applicant /Interveners IN THE MATTER BETWEEN TATA SONS PVT. LTD …APPLICANT V.S SUNIL SHANTISARUP GUPTA & ORS. …RESPONDENTS HUMBLE APPLICATION OF THE APPLICANTS ABOVENAMED FOR IMPLEADMENT AS ADDITIONAL RESPONDENTS 52 TO 65: APPLICANTS ABOVE MOST RESPECTFULLY SHOWETH: 1. The Applicant are slum dwellers who were forcefully evicted of their shanties by the authorities in compliance of the various orders of the High Court, in particular that in W.P (L) no. 3246 of 2004 (Bombay Environment Action Group (BEAG) & Anr v. State...

14 July

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Our Interpretation of Constitutional Law has Become a Classic Example of Human Stupidity

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Mathews J Nedumpara 98205 35428 Two things are infinite, said Einstein: the universe and human stupidity. Our interpretation of constitutional law has become a classic example of human stupidity. Let me explain. The common law is our law by virtue of Article 372 of the constitution. It is founded on two simple principles, ‘res judicata’ and ‘stare decisis’, namely, precedent. Res judicata means a decision in a case between A and B will bind and them, but not C and D who were not parties to it, in other words, it will not bind 'res inter alios', namely, third parties. The doctrine of...

14 July

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PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA FOR DECLARATORY AND OTHER REMEDIES

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IN THE SUPREME COURT OF INDIA (CIVIL ORIGINAL JURISDICTION) WRIT PETITION (CIVIL) NO.___ OF 2024 (Under Article 32 of the Constitution of India) IN THE MATTER OF: SHRI MATHEWS J. NEDUMPARA & 9 ORS. ….PETITIONERS VERSUS THE HON’BLE CHIEF JUSTICE OF INDIA AND ORS.…RESPONDENTS PAPER BOOK (KINDLY SEE INDEX INSIDE) MATHEWS J. NEDUMPARA & 9 ORS PARTIES - IN - PERSON 9820535428/ 9920477447 /9447165650 INDEX SL. NO. PARTICULARS PAGES 1. Listing Performa 2. Synopsis & List of Dates 3. Writ Petition with Affidavit. 4. Appendix Relevant portion of the constitution of India Art. 14, 19 and 21. 5. ANNEXURE P-1 A copy of letter dated 24.03.2015 addressed to the President, Vice-president, Prime Minister, Speaker and the Law Minister, seeking...

14 July

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National Lawyers’ Campaign For Judicial Transparency And Reforms Objectives

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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...

14 July

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Simple solution for reducing pendency of cases is to do away with “precedents” nay, repeal of Article 141 of the Constitution.

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Mathews J. Nedumpara 98205 35428 “Simple things can be done in simple ways; Hard things too can be done in simple ways; But it requires an inventive brain And can be done without much strain” 1. The above words of a poet, I believe, should be the guiding lamp when we think of judicial reforms. There are two streams of administration of justice, one, the civil law system followed in the European continent and the Latin America, and the other the common law system followed in UK, India, America and other common law countries. While in the civil law system the problem...

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