23 September

Sticky

JUDICIAL IMMUNITY/TORTIOUS LIABILITY

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...

12 September

0 Comments

Sticky

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

Posted by Mathews J Nedumpara

in Blogs/Articles

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...

09 September

0 Comments

Sticky

IN THE SUPREME COURT OF INDIA (CIVIL ORIGINAL JURISDICTION) WRIT PETITION (CIVIL) NO.___ OF 2024 (Under Article 32 of the Constitution of India)

Posted by Mathews J Nedumpara

in Blogs/Articles

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

0 Comments

Sticky

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

Posted by Mathews J Nedumpara

in Blogs/Articles

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

0 Comments

Sticky

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

Posted by Mathews J Nedumpara

in Blogs/Articles

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

0 Comments

Sticky

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

Posted by Mathews J Nedumpara

in Blogs/Articles

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...

26 November

0 Comments

Sticky

Can anyone imagine of a greater injustice than the refusal of the courts and tribunals to extend the benefits of the notification dated 29.5.2015 of the Central Government under Section 9 of the MSMED Act, to the MSMEs?

Posted by Mathews J Nedumpara

in Blogs/Articles

Can anyone imagine of a greater injustice than the refusal of the courts and tribunals to extend the benefits of the notification dated 29.5.2015 of the Central Government under Section 9 of the MSMED Act, to the MSMEs? Mathews J Nedumpara 26th November 23 The notification was issued in the larger interest of the nation, the Banks and Financial institutions, millions of small entrepreneurs and traders who make the economy of the country sail smoothly, so too millions of workers employed by the MSMEs. MSMEs contribute to the nation building in no mean way. They manufacture goods and provide for services, nay create...

29 August

0 Comments

Sticky

An appeal to the Honourable Chief Justice of India and Companion Judges

Posted by Mathews J Nedumpara

in Blogs/Articles

An appeal to the Honourable Chief Justice of India and Companion Judges Mathews J Nedumpara 29.08.2023 98205 35428 The current system of judges appointing themselves mostly of their kith and kin, near and dear and of judges anointing mostly their kith and kin as Senior Advocates is a pernicious practice which has destroyed the institution of judiciary, nay, both a fraud on the Constitution. The Supreme Court has absolutely failed the people of this country. It has no time to hear and decide the real cases involving the lives, properties and liberties of the common people. The average time it devote to hear an SLP...

26 July

0 Comments

Sticky

PIL is antithetical to the Principles of natural justice

Posted by Mathews J Nedumpara

in Blogs/Articles

PIL is antithetical to the Principles of natural justice Mathews J Nedumpara 98205 35428 26th July 2023 The Supreme Court has done great disservice to the nation by allowing Ashwani Upadhyay, Prashant Bhushan and their ilk to file so called PILs on issues which are not justiciable at all for publicity. The judges permitted the forum of the Supreme court to be abused because PILs allowed them to usurp matters falling in the exclusive province of the executive and legislature and rule the country, particularly on populist issues which make such abuse difficult to be criticized. I whole heartedly welcome people taking up the cases...

24 July

0 Comments

Sticky

The need to bring an end to the out of turn hearing of cases of only the rich, powerful and the elite represented by “senior advocates” at the cost and detriment of the less privileged involving enforcement of valuable constitutional and legal rights – reg.

Posted by Mathews J Nedumpara

in Blogs/Articles

The need to bring an end to the out of turn hearing of cases of only the rich, powerful and the elite represented by "senior advocates" at the cost and detriment of the less privileged involving enforcement of valuable constitutional and legal rights - reg. Mathews J Nedumpara 24th July 2023 Hon'ble Shri Nitin Jamdar Acting Chief Justice, High Court of Bombay May it please your Lordship, This is the lastest in a long chain of letters which i have addressed to the Chief Justices/Acting CJs, ever since I happened to enter the portals of the Bombay High Court 15 years ago, as a total stranger,...

Disclaimer: