01 November

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

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...

01 November

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Invitation for the Press Conference at Press Club Ernakulam at 11.30 am on 2nd of Nov. 24

Posted by Mathews J Nedumpara

in Open Letters

Invitation for the Press Conference at Press Club Ernakulam at 11.30 am on 2nd of Nov. 24 National MSME Borrowers Association(Kerala Chapter)We, MSMEs are the backbone of our economy. It is we who create wealth and generate employment. The Parliament made laws to protect MSMEs. Made it compulsory for banks to finance MSMEs.By notification dated 29-5-2015 resolution of stress is made mandatory before recovery action can be taken. But banks and financial institutions flouted it with impunity. RBI, regulator remained to be a mute spectator. We went to the courts. We were often denied justice.Why? Because DRTs and NCLTs fear that...

31 October

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Challenges in Accessing Justice During Court Vacations: An Open Letter to the Chief Justice of Bombay High Court

Posted by Mathews J Nedumpara

in Open Letters

Challenges in Accessing Justice During Court Vacations: An Open Letter to the Chief Justice of Bombay High Court MATHEWS J. NEDUMPARA Advocate 101, Gundecha Chamber, Nagindas Master Road, Fort, Mumbai- 400 001 Email: nedumparaassociates@gmail.com Mobile: 9820535428 / 9920398035 31st October, 2024 OPEN LETTER To, Hon’ble Shri Devendra Kumar Upadhyaya, Chief Justice of the High Court of Judicature At Bombay May it please your Lordship, Sub: The painful and wholly avoidable hardship and injustice caused to the litigant public by the unfortunate manner in which the affairs of the Court are conducted during the vacations. My humble Self, as a Lawyer primarily practicing in the High Court of Bombay, one who by sheer accident...

22 October

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Mullaperiyar Dam – Press Release: Supreme Court’s 2014 Judgment and the Doctrine of Res Judicata

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in Open Letters

Mullaperiyar Dam - Press Release: Supreme Court's 2014 Judgment and the Doctrine of Res Judicata Mathews J Nedumpara 22.10.2024 The Supreme Court in the year 2014, in State of Tamil Nadu v. State of Kerala, held that the judgment of the 3-judge bench of the SC in the year 2006, that the dam is safe and that the water level can be raised to even 152 ft after carrying out certain safety work, is binding on the state of Kerala as “res judicata”. The court also held that the Kerala legislature has no power to undo a judicial decision. The court further held...

06 October

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Rejection of W.P (diary) no. 41768 of 2024 instituted by my humble self and 9 other citizens, lawyers and litigants, in challenge of the order dated 24.4.2024 of the Registrar, Judicial, dismissing W.P no. 1005 of 2022 seeking the abolition of the collegium and seeking restoration of the NJAC, an open, transparent, competitive, merit-based selection of the judges of the High Courts and Supreme Court, by de-registering the same. Complaint – reg.

Posted by Mathews J Nedumpara

in Open Letters

Hon’ble Mr. Justice Dr. D.Y Chandrachud Chief Justice of India May it please your Lordship, Sub: Rejection of W.P (diary) no. 41768 of 2024 instituted by my humble self and 9 other citizens, lawyers and litigants, in challenge of the order dated 24.4.2024 of the Registrar, Judicial, dismissing W.P no. 1005 of 2022 seeking the abolition of the collegium and seeking restoration of the NJAC, an open, transparent, competitive, merit-based selection of the judges of the High Courts and Supreme Court, by de-registering the same. Complaint – reg. 1. I address your Lordship with a heavy heart as one who has spent...

05 October

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Open letter to the CJI complaining of the rejection of the petition against the Collegium by his Registrar

Posted by Mathews J Nedumpara

in Open Letters

Open letter to the CJI complaining of the rejection of the petition against the Collegium by his Registrar MATHEWS J. NEDUMPARA Advocate 101, Gundecha Chambers, Nagindas Master Rd, Kala Ghoda, Fort, Mumbai, Maharashtra 400001 Mob: +91 98205 35428/99679 69256 E-mail: mathewsjnedumpara@gmail.com 5th October, 2024 OPEN LETTER Hon’ble Mr. Justice Dr D.Y. Chandrachud Chief Justice of India May it please your Lordship, Sub: Rejection of W.P (diary) no. 41768 of 2024 instituted by my humble self and 9 other citizens, lawyers and litigants, in challenge of the order dated 24.4.2024 of the Registrar, Judicial, dismissing W.P no. 1005 of 2022 seeking the abolition of the collegium and seeking restoration of the NJAC,...

01 October

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The total abdication of the responsibility under the MSMED Act on the part of Advait Sethna, counsel for the Central government/senior officers of the Ministeries/Departments of MSMED/Finance, RBI, to support the legislative intention behind the MSMED Act and the notification dated 29.5.2015 providing for the nursing and care of MSMEs – reg.

Posted by Mathews J Nedumpara

in Open Letters

The total abdication of the responsibility under the MSMED Act on the part of Advait Sethna, counsel for the Central government/senior officers of the Ministeries/Departments of MSMED/Finance, RBI, to support the legislative intention behind the MSMED Act and the notification dated 29.5.2015 providing for the nursing and care of MSMEs - reg. To, Hon’ble Prime Minister Law minister Finance minister Minister for MSMEs Secretaries to the Govt of India in the depts/ministries of legal affairs, banking, MSMEs. Hon’ble Prime Minister/Sirs/Mesdames Sub: The total abdication of the responsibility under the MSMED Act on the part of Advait Sethna, counsel for the Central government/senior officers of the Ministeries/Departments of MSMED/Finance,...

11 March

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OPEN LETTER – A Long Overdue Apology owed by the Institution of Judiciary

Posted by Mathews J Nedumpara

in Open Letters

OPEN LETTER – A Long Overdue Apology Owed by the Institution of Judiciary By Mathews J. Nedumpara To Hon’ble Shri Justice D.Y. Chandrachud, The Chief Justice of India Also to The Judges of the Bombay High Court Date: 11th March, 2023 Subject: The Institution of Judiciary Owes an Apology to Me, Which I Won’t Insist on or Even Expect, but I Certainly Would Do When It Comes to the Thousands of Slum Dwellers, Mothers with Their Newborn Infants Being Thrown Out of Their Homes onto the Streets, with All Their Belongings Being Confiscated or Bulldozed. Introduction What prompts me to address this open letter, in near telegraphic language, is...

26 February

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Video recording the court proceedings, an Offence?

Posted by Mathews J Nedumpara

in Open Letters

Video recording the court proceedings, an Offence? Mathews J Nedumpara 26.02.2023 Nullum crimen sine lege, nulla poena sine lege is a Latin maxim that means "no crime or punishment without a law." There can be no crime committed, and no punishment meted out, without a violation of penal law as it existed at the time. This basic legal principle has been incorporated into international criminal law. This is also one of the fundamental principles of law which is incorporated in Part III of the Constitution. In simple words, no person can be proceeded against and punished unless the legislature had made a specific...

26 February

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Video recording and live streaming of court proceedings is a panacea for the ills which the judiciary faces today- Open letter by Shri Mathews Nedumpara to Justice Chandrachud

Posted by Mathews J Nedumpara

in Open Letters

Video recording and live streaming of court proceedings is a panacea for the ills which the judiciary faces today- Open letter by Shri Mathews Nedumpara to Justice Chandrachud Mathews J Nedumpara OPEN LETTER To, Hon'ble Dr. Justice DY Chandrachud Judge, Supreme Court Chairman of the Supreme Court E-Committee 14.4.2022 Sir, It is indeed heartening to come across your Lordship's statement as reported in Livelaw that we need to move from feudal to a more modern and futuristic Indian judiciary and that that change can happen only if our mindset changes. Your Lordship was further quoted to have said "and I do believe that technology provides us with a very...

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