14 July

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There is no res judicata, estoppel, waiver or acquiescence against law, particularly one which casts a public duty on a statutory authority. Argument notes by Nedumpara

BEFORE THE HON’BLE HIGH COURT OF KERALA AT ERNAKULAM W.P. (C) No. 42050 of 2025 M/s. Sark Spice Products Pvt. Ltd. & Anr. …Petitioners V/s Reserve Bank of India & Ors. …Respondents ARGUMENT NOTES FILED BY THE COUNSEL FOR THE PETITIONERS I. The case of the Petitioners i. The Petitioner is an MSME (Small enterprise) registered under the MSMED Act. The notification dated 29.5.2015 mandates the Banks and financial institutions to constitute a committee and make an application to it at least when the bank notices a default in the account of an MSME, namely, where the principal and interest have not been serviced for a period...

14 July

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Abolition of Senior Designation case (Supreme Court of India Progeny Chart) Press Release

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Mathews J. Nedumpara 98205 35428 6.2.2025 Abolition of Senior Designation case (Supreme Court of India Progeny Chart) Press Release 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

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Letter to the President of India – Justice Verma Burnt Cash at Judges Home Scam

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MATHEWS J. NEDUMPARA President National Lawyers’ Campaign for Judicial Transparency and Reforms MH/MUM/1701/2015/GBBSD 101, Gundecha Chambers, Nagindas Master Road, Kala Ghoda, Fort, Mumbai, Maharashtra– 400 001. Email ID: nedumparaassociates@gmail.com Contact No.:9820535428/9967969256 Date: 03.06.2025 To, Her Excellency Smt. Droupadi Murmu, President of India, Rashtrapati Bhavan, Raisina Hills New Delhi – 110 004 May it please your Excellency, Subject: Request for an audience with Your Excellency in pursuance of the order of the Supreme Court in the matter of registration of an FIR against Justice Varma (Burned Cash at Judge's Home Scam) - regarding. 1.The fact that even after lapse of more than 10 weeks after the recovery of large amounts of cash, burnt and unburnt,...

14 July

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Letter to Chief Justice of India requesting him to constitute a larger Bench to reconsider the Judgement in the Indira Jaisingh case – a misnomer on the validity of Section 16(1) & 23(5) of the Advocates Act, 1961.

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Abolition of Senior Designation An open letter. Mathews J Nedumpara 98205 35428 10.03.2025. To The Hon’ble Chief Justice of India May it please your Lordship, Sub: Criminal Appeal No. – of 2025 (Arising out of SLP (CRL.) No. 4299 of 2024) Jitender@Kalla Appellant Versus State (Govt of NCT of Delhi) & Ors.. Respondent 1.A division bench of this Hon’ble Court consisting of their Lordships Justice A S Oka and Justice A G Masih while disposing of the aforesaid criminal appeal has been pleased to direct the registry of the Court to place a copy of their judgment before your Lordship to consider whether the issues flagged by the Bench deserve to be...

09 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...

09 July

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

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

09 July

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

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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...

09 July

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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

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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 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...

09 July

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Distinction between judgement in rem and personam.

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*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...

09 July

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There is no res judicata, estoppel, waiver or acquiescence against law, particularly one which casts a public duty on a statutory authority. Read the Argument notes by Nedumpara.

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