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NANI PALKHIVALA : Courtroom Genius

NANI PALKHIVALA : Courtroom Genius

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Description
In 2004, the Nani A. Palkhivala Memorial Trust requested us to write a book on
the important cases that had been argued by the late N.A. Palkhivala. This was
to be a book quite different from the biography written by M.V. Kamath.1 Y. H. Malegam,
the Chairman of the Trust, wanted us to highlight his legal journey and comment upon the
important cases that he argued in various High Courts and the Supreme Court of India.
The object was to record Palkhivala's contribution to the development of not only the
law of income tax but other branches of law as well. We readily agreed and soon
commenced the research necessary for this work, little realizing the enormous time
that this was to consume. Starting with law reports from 1947, we found that literally
hundreds of cases had been argued by him in various High Courts and the Supreme
Court. One book notes that Palkhivala had appeared in the Supreme Court in not less
than 150 prominent cases.2 Equally staggering was the number of cases that he had
argued before the Bombay High Court and other High Courts. If this was not enough,
there were even more cases where he had appeared before the Income Tax Appellate
Tribunal and the Industrial Tribunal. India was involved in three major international
cases and he was engaged to defend our country in all three of them. And, to add to
all of this, he had a huge opinion practice.

We have chosen only those cases where new principles have been laid down or which
had some interesting feature. It was a difficult task to select these cases and omit the
remainder. It is quite possible that readers may feel that a particular case was wrongly
left out. We can only apologise for such a lapse but this is inevitable in any selection.

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Contents

Chapters 1: Secrets of Palkhivala's Success

Chapters 2: Extraordinary Child and Lawyer by Accident      

Chapters 3: Meteoric Rise to Legal Stardom

Chapters 4: Palkhivala as Defendant: The Sampath lyengar
                       Copyright Case

Chapters 5: Constitutional Law Cases: An Amazing Journey
Chapters 6: Income Tax Matters
Chapters 7: Indirect Taxes
Chapters 8: Labour Cases
Chapters 9: Representing India: International Cases
Appendix I: The Copyright Case:
Appendix II: The Fundamental Rights Case: Propositions
                     Submitted before the Supreme Court by N.A. Palkhivala
Appendix III: Letters to Mrs. Gandhi in June, 1975 &
                      November, 1975   
Appendix IV: Important Written Submissions, Articles and
                      the Bhopal Affidavit
Appendix V: Text of Articles 32 and 136 of the Constitution
                     of India
Appendix VI: Selected Opinions
Subject Index
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Author Details
Soli J. Sorabjee, hasbeen the Solicitor General (1977-80) and Attorney General
(1989-90 &from 1998-04) for India. He has appeared in a number
of landmark cases in the Supreme Court of India and various High Courts.
He was at one time a junior to Nani Palkhivala and assisted him in a
number of cases, including die historic Kesavananda Bharati case. He has held high
office in several national and international organizations, including the United Nations
Human Rights Commission. He has authored Laws of Press Censorship, Emergency
Censorship and the Press in India. He writes a column in the Indian Express and has
written several articles for various newspapers and journals. He was awarded the
Padma Vibhushan in 2002.

Arvind P. Datar, is a Senior Advocate of the Madras High Court and a Cost & Works Accountant.
He is a trustee of the Palkhivala Foundation, Chennai and a director of the Nani Palkhivala
Arbitration Centre, Chennai.He practices at the Supreme Court, the Madras and other
High Courts. He is the author of Commentary on the Constitution of India, Guide to Central
Excise and Guide to Excise Procedures and has written over 150 articles for various journals.
He is the General Editor of Ramaiya's Guide to the Companies Act and the Chief Editor
of the forthcoming  10th edition of Kanga & Palkhivala's Law and Practice of Income Tax.

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