02 November

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The Supreme Court in the last 75 years of its existence has rolled out judgements running into millions of pages, of which every syllable is claimed to be the law of the land. Can anyone point out one principle which the Supreme Court has evolved for the first time which had never ever existed?

Quiz Challenge: Identify a Unique Legal Principle from Supreme Court Judgments Mathews J Nedumpara President,NLC 98205 35428 Quiz 1. The Supreme Court of India since its inception has rendered thousands of judgments and it is quoted across the country as the law laid down by the Supreme Court, nay, even as "law of the land". Could any one who comes across this, point out one principle which did not exist before, which the Supreme Court evolved for the first time for the resolution of an issue before it and which, thus, is binding on all courts and tribunals in this country, other than the...

02 November

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Hurra Vs. Hurra, a judgment in ignorance of elementary jurisprudence

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Hurra Vs. Hurra, a judgment in ignorance of elementary jurisprudence Mathews J Nedumpara 98205 35428 Judgments are of two types. The first category is where a judgment, whether right or wrong, is final, authoritative and binding. The second category is where the judgment is not authoritative, binding and final, even where it is right. The first category of judgements which are final and binding even where it is erroneous can be corrected only if the statute has prescribed for a mechanism of correction by way of a revision or appeal. The second category of judgements which are not final or authoritative even where...

02 November

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Progeny Judges’ Chart- Supreme Court of India

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Progeny Judges' Chart- Supreme Court of India Mathews J Nedumpara President, NLC 98205 35428 Progeny Judges' Chart- Supreme Court of India The truth of the Indian judiciary has long been hidden from the public domain. The contempt jurisdiction was used as a tool to prevent the people of this country coming to know what truly is our judiciary. Everything was shrouded in mystery. No critical comments are permitted. It remained to be an absolutely opaque, non transparent institution. I can in all humility assert that we initiated the movement of transparency by campaigning for video recording of court proceedings, telling the world that when the...

02 November

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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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Simple solution for reducing pendency of cases is to do away with “precedents” nay, repeal of Article 141 of the Constitution. 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,...

02 November

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A JUDGE IS FREE TO ERROR WITHIN HIS JURISDICTION, BUT NOT OTHERWISE.

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A JUDGE IS FREE TO ERROR WITHIN HIS JURISDICTION, BUT NOT OTHERWISE. Mathews J. Nedumpara It is a fundamental principle of law that a Court is free to error within its jurisdiction and, howsoever erroneous its decision is, it could be final and binding. Dhananjoy Chatterjee, a poor and young watchman, was found guilty of murder and sentenced to death by a Sessions Court in West Bengal. The Supreme Court confirmed the verdict. The President of India rejected his mercy petition and he was hanged. A lawyer friend of mine, who represented Dhananjoy, told me that Dhananjoy was falsely implicated in the...

02 November

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Could reason be overruled?

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Could reason be overruled? 98205 35428 Mathews J Nedumpara We live in a strange era, right from the law student to the eminent of the eminent lawyers, have no idea what the law of the land is! The moment a litigant enters the chamber of a lawyer and asks for the solution of a legal problem he faces, the lawyer starts searching for judgments. If you go to an elderly lawyer, you often would find him saying that the issue at hand is settled by the judgment of the privy council or of the SC in the 1950s and 1960s. His apprehension is...

02 November

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BASIC STRUCTURE THEORY – A PROPOSITION CONTRARY TO THE FIRST PRINCIPLES OF JURISPRUDENCE.

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BASIC STRUCTURE THEORY - A PROPOSITION CONTRARY TO THE FIRST PRINCIPLES OF JURISPRUDENCE. Mathews J Nedumpara 9820535428 Kesavananda Bharati's case is hailed to be the most important judgment ever rendered by the Supreme Court of India. The case was heard by the full court consisting of 13 judges. The case was argued for 6 months and the judgment consists of half a million words. Even the common people have heard of the judgment. In the said case, the Supreme Court laid down a doctrine called 'basic structure' and said that while the Parliament could amend every article of the constitution including those concerning...

01 November

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TEN MYTHS OF INDIAN CONSTITUTIONAL LAW

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TEN MYTHS OF INDIAN CONSTITUTIONAL LAW -Mathews J. Nedumpara Introduction In the NLC’s (National Lawyer’s Campaign for Judicial Transparency and Reforms) agenda, open selection of judges of High Courts and the Supreme Court by notification of vacancies and invitation and application of all eligibles, so too, references from all stake holders, finds the very first place. The reason is, simple, obvious; because the higher judiciary in India, today, is perceived to be a dynasty, not very different from that of the political parties, a phenomenon which is antithetical to the very concept of a constitutional democracy which guarantees not merely equality before law...

01 November

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~QUESTIONS OF LAW~

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~QUESTIONS OF LAW~ (Mathews J Nedumpara) (A) If a surgeon of a Government hospital, who conducts a cesarean operation, negligently leaves a scissor inside the belly of the patient leading to fatal consequences is liable under civil and criminal laws; so too the State, his employer, will not similar principle apply in a case, as the instant one, where the 1st Respondent, Presiding Officer, DRT-II, Mumbai, who fails to discharge his statutory function in the manner expected of him, which requires him to conduct a summary trial while adjudicating an application under Section 17 of the SARFAESI Act, which would mean the...

01 November

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No one is more hated than he who speaks the truth”- Plato A look at our legal system

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No one is more hated than he who speaks the truth- Plato A look at our legal system -Mathews J. Nedumpara 98205 35428 1. We have inherited from the British, a wonderful legal system. In doing so, the British was not doing us any charity. They needed a sound legal system for the governance of their own affairs, the common law. The common law is largely founded on Roman law, and Roman law reflects nothing but the thoughts of great philosophers such as Socrates, Plato, Aristotle, Cicero, Ulpian, et al. The doctrine of estoppel and res judicata is one of the cardinal principles on...

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