The book “Roses in December” was authored by MC Chagla, a former Chief Justice of the Bombay High Court and diplomat. The book is a narrative of his life and experiences, from his youth in a small Gujarat hamlet through his distinguished legal and diplomatic career.
About the book “Roses in December”
The title “Roses in December” is inspired by a personal experience in Chagla’s life. Chagla was a young lawyer who was representing a client accused of murder. Chagla was able to achieve an acquittal despite overwhelming evidence against his client. During the trial, his client presented him with a bouquet of roses as a mark of appreciation. Chagla was shocked to find roses in December, when they are usually dormant. The encounter stayed with him, and he chose the title “Roses in December” for his memoir to represent the unexpected and uncommon.
The book offers a fascinating account of Chagla’s life and career, including his experiences as a judge during India’s independence and partition, his role in the creation of the Indian Constitution, and his service as India’s ambassador to the United States. The book also paints a vivid picture of Indian society and politics in the mid-twentieth century.
Overall, “Roses in December” is a must-read for anybody interested in Indian history and politics, as well as the life of one of the country’s most illustrious jurists and diplomats.
About the Part “The Bar” in short “Roses in december”
I vividly remember the first day I entered the High Court Bar Library and Common Room. It was with palpitating heart and nerves on edge that I looked around me to survey the situation. At that time the Bombay Bar had the reputation of being one of the strongest in India. I shall presently mention who were practicing at that time, and what the young junior was up against when he entered the field. I wondered which solicitor would be so foolish as to put a brief in my hands when he had such a wide choice of able, experienced and senior lawyers. I discovered that I was not far wrong because it took the solicitors a fairly long time before they could feel confident that I could be trusted to argue a case court……………………………..He must not forget that he is not only fighting the battles of his client, but is also assisting in the administration of justice. He is bound to fight for his client with all the force and vigour of which he is capable. I do not believe in tepid advocacy. An advocate should enter into the fray with Zest and confidence. It was said of one famous English lawyer, Lord Carson, that he made the judge feel that every client he appeared for was a gentleman, and every cause he defended was the most just of causes.
Short Answer Important Questions of Bar | Roses in december
What was the I’ll- treatment by Marten towards inverarity ?
Inverarity was particularly badly treated by Mr. Justice Marten, who would not submit to the idea of special treatment for Inverarity, and refused to speak loudly enough or to repeat himself. Inverarity had a very high sense of the traditions of the Bar and of his own self-respect, and after a particularly had case of ill-treatment by Marten he refused to appear in that court.
What was the racial discrimination at the byculla club ?
Inverarity used to stay at the Byculla Club which was then meant exclusively for Europeans, and he would hold his conferences there. So exclusive was this Club that no Indian lawyer could enter it through the front gate but had to go in from the rear in order to get to Inverarity’s room.
what were the staple food for the jinnah ?
His staple food was newspapers, briefs and law books
What is the real solace in life according to M.C chagla ?
According to M.C chagla hard work is the only real solace in life.
Who said to whom, “Then keep your bags packed, you might be whisked away to jail any moment” ?
bhulabhai Desai to m.c chagla.
What is the knighthood and who recieved it ?
Kanga received a knighthood. knighthood is a title that is given to a man by a British king or queen for his achievements or his service to his country.
Who helps chagla to qualify the LLB exam ?
Sir Chimanlal Setalwad helps chagla to qualify the LLB exam.
Where the m.c chagla got part time professorship ?
m.c chagla got a part-time professorship at the Government Law College. he used to go in the evening and lecture for an hour at the Elphinstone College, where the Law College was then housed.
What was the motilal Nehru’s words when he began to speak ?
Motilal always began by saying “Gentlemen, I don’t understand criminal law, I am a purely civil lawyer.”
When the M.C chagla rejoined the bar ?
In 1967 M.C chagla rejoined the bar.
What is the real happiness in the life according to m.c chagla ?
the real happiness in the life according to m.c chagla is to be able to do work, which one whole-heartedly likes.
Who says, ” the best advocacy was to help the judges to write his judgement” ?
Lord Macmillan once said that the best advocacy was to help the judges to write his judgement.
What is the duty of a advocate according to m.c chagla ?
The duty of an advocate is not to convert the judge to his point of view; his duty is in see that the judge has understood and appreciated his side of the case and his arguments. It is the duty of the lawyer to sift the chaff from the grain, and put his finger on the real question tha twill ultimately decide the case.
What m.c chagla learnt from the bar ?
There is one important thing which m.c chagla learnt at the Bar, and that is, how to Try to get at the root of the matter. Masses of papers, and innumerable, and very often irrelevant, facts are placed before a lawyer. It is the duty of the lawyer to sift the chaff from the grain, and put his finger on the real question that will ultimately decide the case.
Who said, “life at the bar is never a bed of roses, it is eighter all bed and no roses, or all roses and no bed” ?
Lord Hewart once said, life at the bar is never a bed of roses, it is either all bed and no roses, or all roses and no bed.
Long Answer Important Questions of Bar | Roses in december
Who was adhiya ?
Jinnah already had a junior with him, and never took more than one junior. The man’s name was Adhiya and later he became one of chagla’s dearest friends. He had what one might truly describe as a heart of gold. He married Sir Hari Singh Gour’s daughter. He insisted that unless Chagla went to Nagpur, where the registration was to take place, and be one of the witnesses, he would not get married. And so Chagla had to go all the way from Bombay to Nagpur just for a day to witness the marriage. Chagla had to wait till Adhiya left Jinnah’s chamber, which he did within about a year to take up office in the High Court.
Eluciate Kanga’s Characteristics ? “Roses in december”
One of the in most outstanding was Sir Jamshed Kanga. He was loved and respected by everyone. With his tall frame, his black coat and his white priestly turban, he was a notable and distinguished figure. He was both a first class lawyer and a first class advocate. His memory for authorities was phenominal. He would not only remember a case, but he would remember the volume in which it was cited, and even the page of the particular volume of the Law Reporter.
He would argue flinging his long hands in all directions, and it was a stock joke that Kanga made small points with large gestures. But in cases that were more evenly balanced, Kanga with his perseverance, his knowledge of law, his understanding of human as well as of judicial nature, might almost always be expected to tilt the balance in favour of his client. But despite all the success he achieved and the obvious distinction he earned he remained one of the humblest of persons Chagla have ever met. He was simplicity itself.
Why chagla didn’t like coltman ?
Coltman who also had a large practice. chagla did not like him at all. He had a squeaky voice and chagla do not think he deserved the success which he had in the profeesion. Chagla remember that when Sir Leonard Stone was the Chief Justice and Chagla sat with him in court, and Coltman appeared before us, Stone often asked Chagla how he ever became the leader of the Bar. Stone disliked him intensely.
Characteristics of taraporevala ?”Roses in december”
Taraporevala who had a very subtle mind. There was no one to equal him in his ability to construe an Act or unravel the intricacies of the law. He had a very bad temper, and when chagla went to the Bench, nothing amused him more than to see Taraporevala constantly quarrelling with the solicitor who was instructing him, and telling him that he did not under stand at all the point in dispute.
Characteristics of chimanlal setalvad ?
Another veteran at the Bar was Sir Chimanlal Setalvad. At that time he was taking very little work, and being very old, he was told not to work too hard even at the few briefs which he accepted. But whenever he was properly briefed in a conference in which he was given all the facts and the law, his presentation of the case was admirable. He had a logical mind and an accurate knowledge of legal principles. He did not indulge in any flourishes but his arguments were couched in such sober language that the judge instinctively felt that there could be no possible answer to the case as he presented it. Unlike his distinguished son, he was a man of the world and a very human personality.
Who was Strangman ?”Roses in december”
Strangman who also served as Advocate General. Strangman was starving at the Bar and succeeded in making both ends meet by acting as a tutor (I think in English) and as such he came to the notice of E. E. Dinshaw who helped him get on at the Bar. Chagla never liked him because Chagla found him ostentatious and lacking in culture, with a strong notion of his own superiority both as a lawyer and as án Englishman. And Chagla resented more the latter affectation than the former. He and Jinnah were always at daggers drawn, and it was fun to see them appearing against each other, when there would invariably be a scene in court with the poor judge trying to pacify these two great lions of the Bar. Jinnah and he were not on speaking terms, and Jinnah never went to his chambers for a conference.
Describe about bhulabhai Desai and why he wanted to use the chamber of m.c chagla ?
bhulabhai Desai was the most eloquent among the advocates Chagla have seen in the Bombay High Court. His English was perfect, and it is difficult to imagine a more subtle mind than the one he possessed. chagla and desai became great friends and towards the end of my life at the Bar we had chambers which were next to each other. Chagla remember one day his asking me whether Chagla would be prepared to take some risk by doing something for him.
This was in the midst of the non-cooperation movement in which he was taking part. He said he wanted the use of my chambers to meet some Congress workers. But he warned Chagla that he might get involved and the consequences might be serious. Chagla told him that when he was doing so much for his country this was a very small favour that he had asked of me, and my chambers were at his disposal. He laughingly said, “Then keep your bags packed, you might be whisked away to jail any moment” But fortunately or unfortunately Chagla said i did not have the privilege of going to jail for my country.
Characteristics of Munshi ?”Roses in december”
Munshi always liked to paint on a large canvas. He was not much good in small matters, but if something big came his way he was at his best. He was a most versatile man. He was one of the greatest literary figures India has produced, and also an educationist of high calibrer. chagla confess that I never thought much of him as a politician. He was too volatile to be consistent, and he changed sides too often. chagla and munshi became great friends and quite frequently when they were in a case. chagla went to his house for a conference, have breakfast with him, and drive from his house to the High Court.Chagla used to watch him eating his food, and it appeared that he hardly ate anything.
Chagla used to say that he must be living on manna from heaven because the food that he ate could not possibly give him any sustenance. He was in the Syndicate of the Bombay University. When he knew he was likely to be arrested he confided the news to me that the seat in the Syndicate would become vacant, and Chagla should try and get it. This was extremely kind of him, and Chagla never forgot the intimate friendship which we had contracted before Chagla went to the Bench, after which we came less in contact with each other.
That Munshi acquired a great name for himself both as a lawyer and as a literary artist is nothing short of a feat. But as between the two, law and literature, Chagla think his first and more abiding love was for the Muses. He gave to law and politics much of the time, energy and enthusiasm which the gods intended he should give to the service of literature. But therein, Chagla think, lay Munshi’s great charm. He could have been a drab, dry, lawyer or cold and calculating politician. He was neither the one nor the other. The artist in him was always peeping from behind the lawyer and the politician.
What was the trunk murder case ?”Roses in december”
Chagla had very little work at the Bar for the first seven or eight years. his first important case was one in which he was asscciated with Motital Setalvad. It was the so-called Trunk Murder case and it created quite a sensation in Bombay. A Gujarati merchant had invited another merchant, both dealing in pearls, to show him a pearl necklace. Having gone to his house the man stole the necklace, strangled his host, put him in a trunk, went about all over Bombay in a taxi and ultimately dropped the trunk in a well in Andheri, a suburb of Bombay. When he asked the taxi driver to take him back to his house, the driver having by then become suspicious, instead of taking him to his house, drove to the police station and informed the police of what had happened.
The trunk was discovered with the dead body inside. While the man was strangling his unfortunate victim, his younger brother, a college student, also happened to be in the room. Setalvad appeared for the main accused, and chagla appeared for the brother. Justice Kania was presiding over the sessions. Setalvad’s client was ultimately convicted of murder, but chagla managed to get his man off. Kania reserved sentence on Setalvad’s client.
Next morning he came to court, and we were both there. Kania was playing with a red tape, and would not look at us. chagla turned to Setalvad and told him: “I am afraid your client will go to the gallows.” This was the first death sentence Kania had to pass while presiding over the sessions. Naturally, being a non violent Hindu, he must have spent an uneasy restless night before he quite decided to pass the extreme sentence, which was fully deserved.
Who was the langford James ?”Roses in december”
The eminent English lawyer from Calcutta, Langford James, was opposing chagla in a case, as he was to appear for the prosecution. As Chagla was going to the District Court. Chagla naturally put on his gown and bands. When Chagla reached the District Court Chagla found Langford James in his black coat and tie, which is usually worn before a magistrate. Chagla looked at him in surprise.
He merely smiled and said: “Wait till the Court assembles.” When the District Judge came in Chagla found that he was dressed in a white achkan and white pyjamas. He was a Venerable old man, full of the civilities which are found in North Indian social life. Chagla got up to argue his case, and suddenly Judge’s little grand daughter who was four or five years old came into the Court and walked up to the Bench. While Chagla was arguing, the District Judge was affectionately stroking his grand-child on the head, and talking to her. Langford James looked at Chagla and smiled, and Chagla understood why he wore only a black coat and tie unlike Chagla who had turned up in my full barrister’s get-up.
How advocates defend bad causes according to Johnson ?
There are many people who confess that they cannot understand how advocates defend bad causes. There is also a belief that an advocate’s function consists for the most part in showing white as black and black as white. The only answer that one can give to this popular misconception is the famous answer that Johnson gave to Boswell, when he was asked what he thought of an advocate supporting a cause which he knew to be bad.
Johnson’s answer was that the advocate did not know it to be good or bad till the Judge determined it for him and for others. Therefore, the duty of the advocate is to do his best for his client. He is after all the client’s mouthpiece, and he must put before the court all aspects of the case which are favour able to his client. But he must do so fairly, without misleading the court, and without cobbling from it anything that it is his duty to divulge. But he is not concerned with the final result. That rests with the judge, and it is ultimately for the judge to decide which side is right, and how justice should prevail.
Why marten scold strangman ?”Roses in december”
When Strangman appeared before Marten to make an urgent application. This was towards the end of the day, and some part-heard case was going on. Strangman stood behind the front row of chairs and asked the Judge’s per mission to mention the matter. He had his hands in his pockets, as was his usual custom, and was jingling the coins which were there. Marten, who was astemn disciplinarian, asked him to come forward and make his application. Strangman came over to the front. Marten asked him to take his hands out of his pocket, looked at the clock, saw that it was 5 o’clock, got up and left the court.
Chagla have never heard more abusive language than what flowed from the lips of Strangman. Chagla felt very happy that Marten had taught this thoroughly insufferable Englishman a lesson. But to be fair, however bad his personal manners, as a lawyer he was very good indeed. He was a forceful advocate, and a very skilful cross-examiner, and his knowledge of law was extremely sound.
Explain about the journey of Jinnah in the bar ?”Roses in december”
Then there was, of course, Jinnah who was at the height of his practice and reputation. He did not often take up long cases, but he was absolutely first-rate in what are called miscelleneous matters. He would sit with a pile of summonses and motions and deal with them with consummate ease and mastery. Jinnah was a poor lawyer, but a superb advocate. He had a very striking personality, and the presentation of a case as he handled it was a piece of art. He was also a first-rate cross-examiner. It is surprising that despite his large practice he never really had the hall mark of an authentic lawyer.
Chagla remember an occasion in his early days as jinnah’s junior when jinnah argued that a certain English Act was ultra- vires. With Chagla’s recent knowledge of constitutional law and constitutional history, Chagla was shocked at the statement, and Chagla tried to explain to him that Parliament being sovereign in England, no Act passed by Parliament could be ultra vires. He would not resilo from the position he had taken up, and he ultimately closed the argument by saying: “Young man, you are very enthusiastic, but you have much to learn.” And Chagla did learn a great deal, but Chagla certainly never came to accept that an Act of the British Parliament could be ultra-vires. When Chagla came to the Bar, Jinnah already had a junior with him, and never took more than one junior.
The man’s name was Adhiya and later he became one of Chagla’s dearest friends. He had what one might truly describe as a heart of gold. He married Sir Hari Singh Gour’s daughter. He insisted that unless Chagla went to Nagpur, where the registration was to take place, and be one of the witnesses, he would not get married. And so Chagla had to go all the way from Bombay to Nagpur just for a day to witness the marriage. Chagla had to wait till Adhiya left Jinnah’s chamber, which he did within about a year to take up office in the High Court.
Before Chagla left for England, as Chagla have recounted earlier, Jinnah had promised to Chagla that he would allow Chagla to read with him in his chambers. What attracted Chagla to Jinnah was the force of his personality and more than that, his sterling nationalism and patriotism. If at that time anyone had told Chagla that Jinnah would one day be responsible for the partition of our country Chagla would have thought him mad. Chagla joined his chamber and remained with him for about six years. Chagla read his briefs, went with him to court, and listened to his arguments. What impressed Chagla most was the lucidity of his thought and expression.
There were no obscure spots or ambiguities about what Jinnah had to tell the court. He was straight and forthright, and always left a strong impression whether his case was intrinsically good or bad.Chagla remember sometimes at a conference he would tell the solicitor that his case was hopeless, but when he went to court he fought like a tiger, and almost made Chagla believe that he had changed his opinion. Wheneve rChagla talked to him afterwards about it, he would say that it was the duty of an advocate, however bad the case might be, to do his best for his client.
jinnah staple food was newspapers, briefs and law books. He did not even once raise his little finger to assist me at the Bar. But Chagla owe great deal to him because Chagla learned in his chamber not only the art of advocacy, but how to maintain the highest traditions of the legal profession.
Jinnah was absolutely impeccable in his professional etiquette It was one of his beliefs that a senior should never recommend a junior to a solicitor or ask him to give the junior a brief. Jinnah struggled hard in his early days, and had In the case of some people, such an experience would make them sympathetic towards others in a similar situation, but with Jinnah it was otherwise. Chagla remember jinnah telling him: “I know what you feel about me and about my not helping you, but a time will come when you will thank me, for you will be able to say that if you got on at the Bar, you did so on your own merit, and not by being sponsored by anyone, or because of the patronage of a senior.”
Tell about the characteristics of Inverarity ?”Roses in december”
Among the men practicing at the time was the great Inverarity, one of the most eminent of lawyers that ever practised in the Bombay High Court, or for that matter, in any High Court in India. However, he was at that time in his decline, and on the eve of retirement. But even then one could see glimpses of his greatness as a lawyer and an advocate. He was nothing much to look at; he had no personality, was not an impressive speaker and had no histrionic arts at his command; but he knew all the tricks of the trade, and not only was he a great and astute lawyer but also a very great and forceful advocate. He had a colossal memory. ( M.C. Chagla said ) I remember him sitting in court, drafting pleadings while waiting for his case to be-called on. He would read a brief, tie it up with a red tape, put it aside, take up a foolscap paper, and start writing without looking at the brief even once. He remembered not only all the facts, but also dates and names.
( M.C. Chagla said ) I remember Bhulabhai Desai telling me that when he was a junior he was once sitting in the library and making copious notes in connection with some brief which he was studying. Inverarity, who was passing by, stopped and asked him what he was doing. Bhulabhai said he was making notes. Inverarity took up the papers, tore them up, and told Bhulabhai “Young man, learn to trust your memory Bhulabhai took this advice to heart, and throughout his career as a lawyer he never made a single note, however long and complicated the case might be. ( M.C. Chagla said ) I have seen him open a case full of facts and figures, only turning over the pages of his brief and finding the right place, all without a single note, or without a single marking in his brief. He had an almost photographic memory and once he had read something in a brief or in a book, he knew exactly where it was, and could find it whenever he wanted it.
Inverarity was once appearing in a case before Mr. Justice Pratt. He was sitting in the second row waiting for his case, and reading his brief, particularly the observations written by the Solicitor. He turned to find out which Solicitor was attending to the case, when a young man came up and said he might be the one Inverarity was looking for. Inverarity then spoke to him sharply. “Let me tell you,” he said “you are a bloody fool, and you do not know how to write observations; they are worthless and of no help to me.” The young man was by now quite miserable. “Sir, I am sorry,” he said, and slunk away. Something then struck Inverarity, and he called him back, and asked: “You are the Solicitor instructing me, aren’t you?”
The man replied “No, Sir, I am the Managing Clerk.” Inverarity immediately apologised and said: “I am terribly sorry; please tell your master, he is a bloody fool, and he doesn’t know how to write observations.” Inverarity grew hard of hearing towards the end of his career. He was particularly badly treated by Mr. Justice Marten, who would not submit to the idea of special treatment for Inverarity, and refused to speak loudly enough or to repeat himself. Inverarity had a very high sense of the traditions of the Bar and of his own self-respect, and after a particularly had case of ill-treatment by Marten he refused to appear in that court.
Inverarity was passionnately fond of bridge and he stuck to hie game with the same tenacity that he showed in arguing his cases If he started with a particular suit he would go on calling that suit until he was inevitably doubled, and in the end forced to pay a huge penalty. i remember Sir Jamshed Kanga, who was then Advocate-General, giving a reception to the Civil Justice’s Committee at the Bar Gymkhana, and he was very anxious that Inverarity should be present. Inverarity agreed, but said he would like to come in the morning and play bridge till the Committee arrived for the reception in the evening.
Inverarity used to stay at the Byculla Club which was then meant exclusively for Europeans, and he would hold his conferences there. So exclusive was this Club that no Indian lawyer could enter it through the front gate but had to go in from the rear in order to get to Inverarity’s room; and Kanga told me that whenever he had a conference with Inverarity, it was the rear-gate that he had to use. When ( M.C. Chagla said ) I heard this, I was very angry, and I asked Kanga how he could put up with such blatant race discrimination. I said: “You are an eminent member of the Bar and you have to go in like any servant or shop assistant through the back door to attend on the great Inverarity !”
Describe MC Chagla’s experience at the Bar ?”Roses in december”
MC chagla had great experience at the bar. In starting , he was not much confident and used to get less cases for first seven or eight months .His first case was trunk murder case which created quite big sensation in Bombay at that time .He learnt a lot of things from Bar such as presenting good arguments in lucid way before judges . He also learnt important lesson from the bar that lawyer should always work for the betterment of his client. He can support or attack govt , and no one can prevent him from doing so .Another important thing which he learnt at the bar was that how to get deep understanding of any case which helped him later on in his life.
Related Post
Refference
- M.C. Chagla : Roses in december : Mumbai : Bhatriya Vidya Bhavan, 2000.
Sources
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