14 July

Sticky

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

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

0 Comments

Sticky

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

Posted by Mathews J Nedumpara

in Blogs/Articles

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

0 Comments

Sticky

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.

Posted by Mathews J Nedumpara

in Blogs/Articles

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

0 Comments

Sticky

JUDICIAL IMMUNITY/TORTIOUS LIABILITY

Posted by Mathews J Nedumpara

in Blogs/Articles

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...

14 July

0 Comments

Sticky

No recovery against MSMEs without attempt at revival as provided by law.

Posted by Mathews J Nedumpara

in Blogs/Articles

Mathews J. Nedumpara 98205 35428 11.09.2024. Economists believe that in a decade or two India is going to be the world’s third largest economy. Our country, once starved for foreign exchange, now probably attracts more foreign exchange than any other country. The reason is the demographic advantage we have. Most of the developed world, Europe, Japan, China, are aging. We are the youngest country in the world in the sense that 60% of the population is within the ages of 20 to 60, the work force. However, many economists are not as optimistic as others. The reason is that the majority of the population...

14 July

0 Comments

Sticky

Kinship Chart of the judges of the Supreme Court of India

Posted by Mathews J Nedumpara

in Blogs/Articles

Mathews J Nedumpara 98205 35428 5.02.2025 Kinship Chart of the judges of the Supreme Court of India The preparation of the chart has been no mean task, for no official data is available. The data has been collected from members of the bar across the country who volunteered information. The chart is not complete. It may also contain certain inaccuracies. However, for all practical purpose the chart does paint complete picture of the nepotism and favoritism in the appointment of judges and the designation of lawyers as senior advocates. The data above would undoubtedly show that there can hardly be a case where the...

14 July

0 Comments

Sticky

Abolition of senior designation case listed tomorrow ie 7th Feb 2025 in SCI

Posted by Mathews J Nedumpara

in Blogs/Articles

Mathews J. Nedumpara 98205 35428 6.2.2025 Abolition of senior designation case listed tomorrow ie 7th Feb 2025 in SCI The petition under Article 32 instituted by my humble self and 19 others seeking a declaration that Sections 16 and 23(5) of the Advocates Act are void inasmuch as it divides lawyers into two classes which only serves the elite at the cost of equally, if not more, competent and deserving lawyers who are not from privileged backgrounds and has led to the legal profession and the higher echelons of the judiciary being monopolized, if not, hijacked by a few scores of families, is listed...

14 July

0 Comments

Sticky

Nothing is more laughable and contrary to the elementary principles of jurisprudence than the so-called basic structure theory, based on which the Supreme Court has rendered hundreds of judgements and even quashed the NJAC.

Posted by Mathews J Nedumpara

in Blogs/Articles

Mathews J Nedumpara 98205 35428 It is known even to a law student that only a person aggreived, namely, one whose rights are infringed, alone can go to a Court, and where the fundamental rights are infringed, one could go straight to the Supreme Court under Article 32. Without pleading infringement of a right, no one can go to a court. This is a universal principle. But the celebrated Kesavananda Bharati case laid down that one can go to a court without any of his right, much less fundamental rights, being infringed. Even if Kesavananda Bharati does not say so, it is...

14 July

0 Comments

Sticky

Distinction between judgement in rem and personam.

Posted by Mathews J Nedumpara

in Blogs/Articles

Mathews J. Nedumpara 98205 35428 23.02.2025 Distinction between judgement in rem and personam. Proceedings in rem does not mean that a Court can, by its judgment, affect the rights of a person who is not a party before it. No court has the power to adversely affect the rights of a person who is not before it, no matter whether the proceedings are in rem or in personam. The perception that a person’s rights can be adversely affected without him on the party array for the reason that the proceedings in question is in rem, is a misconception. It only means that where a...

14 July

0 Comments

Sticky

ONOE Bill passes muster on the basic structure!

Posted by Mathews J Nedumpara

in Blogs/Articles

Mathews J. Nedumpara 9820535428 12.07.2025 ONOE Bill passes muster on the basic structure! In today's Times of India, I happened to read that ex-CJIs Khehar and Chandrachud have reportedly told the JPC headed by P. P. Chowdhury that the ONOE Bill passes muster on the basic structure. I am afraid to say that I could not control my anger at the nation being fooled by a few "legal luminaries", senior lawyers, and judges uttering the mantra "basic structure" to subserve their vested interests—nay, to usurp position and power and yet escape with impunity. Using the words "basic structure", they treated Parliament as an inferior...

Disclaimer: