26 February

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Save us from ‘courtoastrophy’ pray home buyers in Cochin

Mathews.J.Nedumpara In his book titled “Off the Bench” in Chapter under the caption “Justices and justicing”, legendary Justice Krishna Iyer had lamented about the plight of millions of slum dwellers, who prayed ‘Save us from the Courts’, whose shanties within the precincts of Sanjay Gandhi National Park, Mumbai, were bulldozed in execution of an order of the Bombay High Court in a PIL on the premise that they were illegal. I was woken up from my sleep on the morning of 8th of May 2019 by an old client saying that his son’s flat at Marad, Kochi, has been ordered to...

26 February

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Jurisprudence of ‘face value’– High Court of Kerala is an exception

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– By Mathews J. Nedumpara I enrolled as an Advocate with the Bar Council of Kerala in the year 1984. By sheer providence, I was briefed by a partnership firm engaged in the business of banking, in the year 1986 in the Kerala High Court. That was the time when many individuals, either styled as a Partnership or a Company, used to take huge deposits, particularly from NRIs, offering astronomical rates of interest. They functioned quite similar to regular banking institutions. The only difference is that they received deposits at the rate of 24 % to 36 % and used to...

26 February

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Buoy Mumbai!

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When I read the judgement of the Chief Justice of Bombay High Court staying the ongoing construction work of the Bombay Coastal Road Project, what came to my mind were the words of Albert Einstein, "two things are infinite: the universe and human stupidity; and I'm not sure about the universe". Fourteen years ago, more than 1000 people died in the Bombay floods. The majority of them died locked inside their flooded cars for hours on the Western Express Highway, the only road connecting the Northwestern part of Bombay island to the city. Had the coastal road been in existence...

26 February

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The law is an ass – an idiot

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The law is an ass - an idiot – By Mathews J. Nedumpara In G.W. Paton’s “A Textbook of Jurisprudence” 4th Edition, at page 223 it is said “In America the increase in the number of reported cases has led to a modification of the concept of stare decisis – by 1940 the total number was nearer the two million mark and the flood is more than human ingenuity can cope with”. 2. The American Constitution has no equivalent to Article 141 of the Indian Constitution which states that “the law declared by the Supreme Court shall be binding on all Courts and...

26 February

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Argument Notes of Mr.Nedumpara in Joveson Vs Chief justice of Kerala in challenge of the recommendations of the Collegium picking up the kith and kin of the judges as judges of the Kerala HC.

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BEFORE THE HON’BLE HIGH COURT OF KERALA AT ERNAKULAM ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO 11086 OF 2018 C J Joveson ...

26 February

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They Could Do No Better

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They Could Do No Better...

26 February

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Suggesting the obvious

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IN THE SUPREME COURT OF INDIA ORDINARY ORIGINAL JURISDICTION WP(C) NO. 861/2018 IN THE MATTER BETWEEN Mathews J. Nedumpara And Others PETITIONERS Versus The Supreme Court of India and Others RESPONDENTS TO THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUDGES OF THEHON’BLE SUPREME COURT OF INDIA HUMBLE SUGGESTIONS BY THE PETITIONERS ABOVENAMED MOST RESPECTFULLY SHEWETH: The Audio-Video Recording of Judicial Proceedings is a measure which is very safe and easy to implement, as the Petitioners had directly witnessed the same in a Contempt of Court Proceedings at the Nagpur Bench of Bombay High Court, as Counsels, where it was implemented on mere application of the Contemnor without calling for any suggestions....

26 February

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“Ratio” of the judges 2 and the NJAC cases

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“RATIO” OF THE JUDGES 2 AND THE NJAC CASES -Mathews J. Nedumpara The Supreme Court in Keshavanada Bharati held that the “basic structure” of the constitution is inviolable though fundamental rights could be violated. In Indira Nehru Gandhi and Minerva Mills it was held that from 24.04.1973, the validity of a statute has to be tested on the Basic Structure. Independence of Judiciary is one of the Basic features of the constitution. The independence of the judiciary is not about the independent discharge of the functions of a judge subsequent to his appointment but is all about the very appointment, i.e., who...

26 February

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Recall Application of order and Notice To J.Karnan(08.02.2017)(FIled)

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IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION MISCELLANEOUS APPLICATION NO. OF 2017 (DIARY NO.___________/2017) IN SUO MOTU CONMT.PET.(C)NO.1 OF 2017 Justice C.S. Karnan … Applicant/ Alleged Contemnor IN THE MATTER OF Supreme Court of India on its own motion … Suo Moto Versus Justice C.S. Karnan … Original Alleged Contemnor/Respondent APPLICATION SEEKING RECALL OF ORDERS DATED 08/02/2107 PASSED BY THIS HON'BLE COURT CULMINATING IN THE ORDER DATED 9TH MAY, 2017 CONVICTING THE APPLICANT FOR CRIMINAL CONTEMPT OF COURT AND SENTENCING HIM TO UNDERGO IMPRISONMENT FOR SIX MONTHS, PREFERRED BY THE PETITIONER THROUGH HIS COUNSEL. TO THE HON’BLE CHIEF JUSTICE AND HIS COMPANION JUSTICES OF THE HON’BLE SUPREME COURT...

26 February

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Voice of the people

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Flat No. 1, 3rd Floor, Mitra Kunj, 16, Pedder Road, Mumbai 400 026. 18th July, 2019 1) Hon'ble Shri Justice Ranjan Gogoi, Chief Justice of India, Supreme Court of India, New Delhi. 2) Hon'ble Shri Justice Pradeep Nandrajog, Chief Justice, High Court of Judicature at Bombay, Mumbai-400 032. MAY IT PLEASE YOUR LORDSHIPS: 1. We, common people, activists and lawyers, are constrained to address Your Lordships since despite it being repeatedly brought to the notice of the Hon'ble Chief Justice of India (CJI) and the Hon'ble Chief Justice of the High Court of Judicature at Bombay, the most condemnable manner in which the power of contempt of Court is...

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