Bar & Bench News Network
Why did you choose law? Talk us through your college days?
FN: Law was the last option for me. My father wanted me to take the Indian Civil Service exam, but I knew he couldn’t afford it. I had secured a second class in my B.A. degree and there was no other choice left other than law, as I had no sense of science or mathematics.
In the Government Law College we use to run a Parliament and we ran it almost as well as or as badly as its being run right now. At the college Parliament, the Principal was the King and we followed strictly all the rules by the book. We had a system of election and I belonged to the Democratic Party. I was elected as the Prime Minister for the 1st year, leader of the opposition party in my 2nd year and as a Speaker in my 3rd year.
How tough were the initial years of practice?
FN: The initial years were tough, although how tough can’t be measured. We were fortunate enough because if we worked hard the Judges were extraordinarily competent and very kind to juniors. The Judges didn’t bother about whether a senior appeared or not. They were very happy if a competent junior appeared, especially after an experience of 5 years or so.
Even when you were a raw junior at the Bar, the Judges use to say in a very heavy voice, Notice of Motion to a Senior Counsel, that you are appearing alone? Then the Solicitor would take the hint and we would get the crumbs from a brief -Mr. Nariman also appeared along with the Senior Counsel! I knew nothing at that point of time, but that was very encouraging.
With various choices available for law students today, what advice would you give to today’s students and budding lawyers?
FN: Today you have tremendous choice, comparatively we knew nothing, probably 10 percent of what the law students know today. For aspiring law students I would like to say in your career, never try to show off. There is a tremendous amount of knowledge to be learnt, there is a tremendous amount of experience to be had in the field of law and no one can say “I’m on top and I know everything”. No, you don’t. The moment you say, you know everything, I’m afraid that’s the beginning of your downfall. It’s a never-ending process of learning and humility is essential because you can never learn the law. At the age of 92 my senior Jamsetjee Kanga used to say “I’m still learning” and he really meant it. If an odd chap walked into his chamber, he would just pick up a case and tell us about it, he was like a wizard. He could spot the most important point in the case, unlike us.
I don’t like the system of Moot-Courts these days, in law schools. My grand-daughter participates in these Moot-Courts, but I don’t like the idea of saying, in A vs. B it was said etc. It makes no difference to what was said. According to Halsbury’s, it was said in Queen vs. Latham that it makes no difference what was said in a given case because by and large all of it depends on the facts of the case, except for constitutional matters.
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- 1. "He is the greatest lawyer i have seen. Amazing to read his interview. I have personally met you sir when you visited the High Court in 1999.". GJ, Calcutta
- 2. "Great piece! He's such a humble guy!". Guest, Mumbai
- 3. "Great insight into the life of a real living legend. Great work Bar & Bench team...". Ashish, Unknown City
- 4. "Mr Nariman is wealthy and successful yet friendly and down-to-earth. There are also others in his position who are like him. Unfortunately, in India many lawyers with 1/100th their talent are arrogant a***h****. This is especially true for the banias who run law firms.". Vicky, Mumbai
- 5. "Is this biography available for sale? If anyone has read it can you please tell us what Mr. Nariman says about the settlement reached between his clients Union Carbide and Government of India in Bhopal? I beleive the settlement meetings (as opoposed to a hearing) took place in the office of then CJI. What was the background of negotiations and how much did the Gorvernemtn originally asked for?". Solicitor, London
- 6. "Sir, a big fan of yours. Have seen you on and off court, and I have to say that you have set the bar so so high for the new lawyers that we all will strive and may never reach where you are. Such a great personality, yet so humble. I only wish many of us could spend time with you and learn how you do it all.Bar and bench - Congrats on your one year. I think you are far ahead of other legal news websites. Best wishes and keep us all informed. You are the first website I log on everyday when I get to work.". Vikas, Delhi
- 7. "I FAIL TO UNDERSTAND WHY LEADING SENIOR ADVOCATES (SOME OF THEM LEADING CONSTITUTIONAL EXPERTS)WHILE REPRESENTING THE RICH AND THE POWERFUL TAKE STAND WHICH ARE ANTI PEOPLE WHICH IS AGAINST THE POOR AND THE DOWNTRODDEN. THEY DO SO KNOWINGLY AND COME UP WITH WHIMSICAL ARGUMENTS AND WITH THEIR NAME AND EXPERTISE ARE ABLE TO CONVINCE THE JUDGES. IS IT SO IMPORTANT TO EARN MONEY AND WIN A CASE FOR THE CLIENT EVEN WHEN YOU KNOW THE CLIENT IS GOING TO EXPLOIT THE POOR.MY SUGGESTIONS FOR THE EXPERT SENIORS ARE THAT AFTER SOMETIME WHEN YOU HAVE ALREADY MADE YOUR NAME AND EARNED MONEY YOU NEED TO TAKE UP CASES OF PUBLIC CAUSES AND BRING SMILE TO THE COMMON MAN ". Ravi Kant, NEW DELHI
- 8. "Mr. Nariman you are truly inspirational and many young aspiring lawyers are in awe of you. I am in complete agreement with the views expressed by you. The process of learning in the legal profession is an unending journey which truly enriches you. However, I may add that the nobility in the profession seems to have disappeared. A famous quote reads "He is no lawyer who cannot take two sides" and a vast majority of the distinguished senior lawyers these days end up on the side where they are paid more which is ironical. I would also add that the younger breed of lawyers deserve a more congenial environment viz. better Court infrastructure, supportive judges, more opportunities and higher remuneration.". Varma, Gurgaon
- 9. "Sir, hope you live a hundred years and more. You are the crown jewel of Indian legal system. ". Fan, London
- 10. "Judicial system.law enforcing authorities are lacking in honesty.compassion like qll other braches of our society.Supreme court judges should not be allowed to practice any form of law after they retire of their own will like USA.They should be nominated by President of India & confirmed by both houses of Parliament.High Court judges should be completely free from stae Govt control.There should be clear demarcation of Civil,Criminal.Company Law.There must be time bar to a case's judgement.Half the prisoner should not be in the prison only to have preserve prison authotity's fund allotment.Human right commission is only an eye wash.Lunatics should receive tretment.Wefare of UT prisoners should be judge's responsibility-but they never enquire about them.Court rooms are horrible place - mostly dirty & dingy. JRB". Dr.J.R.Banik, Calcutta
- 11. "Sir, You are too humble and down to earth. We all look upto you. ". Siddharth, (Unknown City?)
- 12. "[edited]". Harish S., Delhi
- 13. "Mr Nariman is one of the best lawyers respected by everyone all over the world. You are also a great speaker and it is always pleasure listening Mr Nariman and one goes on enjoying his speech always with some humour. Mr Nariman is also one of the best in the field of arbitration and brings great credit to India. India needs lots of Narimans. I wish him all the best and may we have the best in him for the country. ". CHANDRA KANT Kamdar Chartered Arbitrator, Mumbai
- 14. "Wonder whether Mr Nariman returned the briefs of the Cong govt in protest against the anti-sikh riots and the Mumbai riots. Are non-Congress govts. convenient for earning a few brownie points?". Kumar, Mumbai
- 15. "there was a time when the guru decides who are fit to be his student but now it is the student think which guru suits him. emphasis was not on teaching rather on learning. though i meet you only once so far but you made me so much comfortable in few hours of conversation that everytime there is any confusion or delima, your inspiring and encouraging words are enough to channelise my conviction.you are a rare breed of lawyers with both confidence, conviction, clarity with a touch of legal creativity. ". Anil Sharma Bhatra, Guwahati
- 16. "He is indeed one of the best India has ever produced. I would suggest everyone to read his autobiography. It gives you a closet look of this great soul.". Sourabh, Delhi
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- Interview with Bimal Patel, Vice Chancellor at GNLU
- Conversation with Attorney General of India, Goolam E Vahanvati
- Interview with Stefano Cardinale, Managing Partner at Bridge Mediation Italy
- Interview with Professor Faizan Mustafa, Vice Chancellor of National Law University Orissa
- Interview with Prof. Simon Chesterman, Dean at Faculty of Law, National University of Singapore
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Issues in the Acquisitions of Technology Companies
May 21, 2012 | DSK Legal Partner Narendra Dingankar and Manager Mini Raman in this article highlight the issues related to the acquisitions of technology companies from purely legal perspective. For this purpose, the authors have segregated the issues into two categories (1) Key Deal Issues; and (2) Regulatory Issues. comments (2)
- Issues in the Acquisitions of Technology Companies
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