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One very important thing that young lawyers must know is that when one argues a case and later in the evening you ponder over it and say, that's what I should have said (but you never said it), that's the only regret. It could have been the winning point or something you wish you had not said, which is even worse. If you get angry at that point in the courtroom, losing your temper can be a disaster. You can't afford it because your client suffers and nobody likes you for it. It all comes with age and practice.
Fali Sam Nariman
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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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A Case I Won – But I Would Prefer To Have Lost. Criticizing his own win, Nariman said I don't see what is so special about the first five judges of the Supreme Court. They are only the first five in seniority of appointment – not necessarily in superiority of wisdom or competence. I see no reason why all the judges in the highest court should not be consulted when a proposal is made for appointment of a high court judge (or an eminent advocate) to be a judge of the Supreme Court. I would suggest that the closed-circuit network of five judges should be disbanded.
Fali Sam Nariman
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Law is a matter of the heart, as well as the head. You have to have compassion; it is one of the greatest qualities. Lord Denning and Justice Krishna Iyer have both said that compassion is extraordinarily important in the law, amongst lawyers and particularly amongst Judges. One must be able to assess whether a person has something genuine to say in a case.
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Because these two judges showed to their generation of justices, and the generation after that, as to how to approach cases that came before the highest court. It is because judges with a political or social agenda are so few in number that they are long remembered. I have always considered it significant and beneficial for the development of the law in India that judges-without-an-agenda have been the more numerous.
Fali Sam Nariman
Quote of the day
Nobody ever did anything very foolish except from some strong principle.
William Lamb, 2nd Viscount Melbourne
Fali Sam Nariman
Born:
January 10, 1929
Died:
February 21, 2024
(aged 95)
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