30 September

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

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

30 September

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JUDICIAL IMMUNITY/TORTIOUS LIABILITY

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JUDICIAL IMMUNITY/TORTIOUS LIABILITY Mathews J Nedumpara “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 can...

30 September

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Why I fought for video recording of Court proceedings

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Why I fought for video recording of Court proceedings Mathews J Nedumpara What prompts me to pen these few lines is a query from one of the few law students who started interning with me recently. The query was, what is the inspiration for me to initiate the campaign titled National Lawyers’ Campaign for Judicial Transparency and Reforms and the video-recording of proceedings of all Courts and Tribunals in the country as its prime objective. 1. I had no difficulty to answer the query because of the injustice which I personally had to undergo, for, the Judges enjoy absolute immunity in the discharge...

27 September

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Would it be too odd to say ‘burn all law reports to save our justice delivery system’?

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Would it be too odd to say 'burn all law reports to save our justice delivery system'? Mathews J Nedumpara The common law, which we adopted by way of Article 372 of the constitution, is the very foundation of our legal system. Precedent, initially in the form of year books and later in the form of reported judgements is one of the major sources of common law, others being Roman law, statute and custom. The treaties of the laws of England by Chief Justice Coke in the 16th century, by Blackstone in the 17th century and by Halsbury in the 19th century...

23 September

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JUDICIAL IMMUNITY/TORTIOUS LIABILITY

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12 September

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

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09 September

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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)

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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) Mathews J Nedumpara 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...

04 September

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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

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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 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...

29 August

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Don’t dismiss SLPs of common man in ” 93 seconds” to hear PILs of celebrity lawyers for days and weeks, an appeal to the CJI and other judges

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Don't dismiss SLPs of common man in " 93 seconds" to hear PILs of celebrity lawyers for days and weeks, an appeal to the CJI and other judges Mathews J Nedumpara 29.08.2023 link here: Article is From Sep 16, 2023 Court Not Hearing Ordinary Citizens, Lawyer Claims. Chief Justice Responds The Collegium system of judges appointing themselves, mostly their kith and kin, near and dear and the system of judges anointing mostly their kith and kin as Senior Advocates are pernicious practices which have destroyed the institution of judiciary, nay, both a fraud on the Constitution. The Supreme Court has absolutely failed the people of...

22 May

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Article 141 does not sanctify Judicial Legislation (as a clarification to a query)

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Article 141 does not sanctify Judicial Legislation (as a clarification to a query) Mathews J Nedumpara 22.06.2024. I Am not against the doctrine of "stare decisis et non quieta movere", nay, precedents,but only against it being reduced to a great menace,nay, absurdity. The difference between " res judicata" and "stare decisis" is forgotten. That is the real concern. What is done Today in the name of 'precedent' is to make past erroneous decisions which were binding only on the parties to the litigation, binding on all, even the posterity. The authoritativeness of a judgment based on the strength of the bench belongs to province...

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