14 July

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

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...

14 July

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HAVE ARTICLES 226 AND 32 LED TO DENIAL OF JUSTICE. WILL REPEAL OF IT LEAD TO INJUSTICE?

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Adv. Mathews J. Nedumpara 9820535428 Ambedkar described Article 32 as the very heart and soul of the Constitution. Our founding fathers, many of whom were victims of illegal arrest and confinement, being part of the freedom struggle, incorporated in our constitution, Part III, fundamental rights. By virtue of Article 32 of the Constitution a citizen can approach the Supreme court for the enforcement of his/her fundamental rights and that very right to access the Supreme Court itself was declared to be a fundamental right. It is almost 70 years since the Constitution came into existence. I as a lawyer being in the...

14 July

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To declare that the Contempt of Courts Act, 1971 is unconstitutional and void, or at least Sections 2(c)(i), 14, 16 and 17(5) thereof

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Sub: To declare that the Contempt of Courts Act, 1971 is unconstitutional and void, or at least Sections 2(c)(i), 14, 16 and 17(5) thereof IN THE HIGH COURT OF KERALA IN ITS EXTRA-ORDINARY ORIGINAL JURISDICTION W. P.(C) NO. 14564OF 2016 Mathews J. Nedumpara … Petitioner Versus Union of India & Ors. … Respondents MEMORANDUM OF WRIT PETITION FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. Counsel for the Petitioner P.BIJIMON (B-732) (K/3173/1999) JACOB SAMUEL (J-1316) (K/259/1997 Room No.210, 2nd Floor, Prasanna Vihar Appartments, Near High Court of Kerala, Cochin-682 031 Ph.No.0484-2368737 IN THE HIGH COURT OF KERALA IN ITS EXTRA-ORDINARY ORIGINAL JURISDICTION W. P.(C) NO. 14564OF 2016 Mathews J. Nedumpara … Petitioner Versus Union of India & Ors....

14 July

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Letter to the Prime Minister and others forewarning them the hearing of the NJAC case is a mockery and the outcome is a fait accompli, that urgent remedial steps be taken to avert a fraud on the constitution.

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MATHEWS J. NEDUMPARA Senior Partner NEDUMPARA & NEDUMPARA Law Firm 304, Hari Chambers, 3rd Floor, 58-64, S.B.S Road, Fort, Mumbai-23 Mob: +91 9820535428 E-mail: nedumpara2004@yahoo.com, nedumpara2004@hotmail.com Date:24th March, 2015 1) His Excellency Shri Pranab Mukherjee, President of India, Also to 2) His Excellency Shri H.M. Ansari, Vice-President of India, 3) Hon'ble Shri Narendra Modi, Prime Minister of India, 4) Hon'ble Shri H.L. Dattu, Chief Justice of India, 5) Hon'ble Shri D.V. Sadananda Gowda, Minister for Law & Justice 6) Hon'ble Smt. Sumitra Mahajan, Speaker, Lok Sabha, 7) Hon'ble Judges of the Supreme Court, Supreme Court of India, MAY IT PLEASE YOUR EXCELLENCIES/LORDSHIPS/MADAM/SIRS, The instant is a letter which has no parallel in the annals of history. The author of this...

14 July

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JUDICIAL IMMUNITY/TORTIOUS LIABILITY

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Mathews J Nedumpara 98205 35428 23.06.2024. JUDICIAL IMMUNITY/TORTIOUS LIABILITY “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. Today, except judicial function, the king, namely, the sovereign, is liable for the tortious action of his delegate/trustee/servant. The sovereign immunity is not absolutely available even against the armed forces. The concept of absolute immunity which the judges of the superior courts in India enjoy and assert...

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