Judge Nazmul Hasan

  The Code of Civil Procedure, 1908: A Historical and Jurisprudential Analysis in the Context of Bangladesh. By-Judge Nazmul Hasan   Introduction: The Handmaid of Justice and the Rule of Law The administration of justice in any society is fundamentally governed by two pillars of law: substantive law and procedural law. Substantive laws delineate rights and obligations, defining the legal framework of society, while procedural laws provide the essential machinery for the enforcement and protection of those rights. The maxim "procedural law is the handmaid of justice" encapsulates this symbiotic relationship, positing that legal procedure must serve to facilitate justice, not obstruct it with undue technicality or complexity. Within this context, the Code of Civil Procedure, 1908 (Act No. V of 1908), stands as a monumental legislative achievement, serving as the foundational charter of civil jurisprudence across the Indian subcontinent. The Code consolidates and amend...

  The Code of Civil Procedure, 1908: A Historical Perspective The Code of Civil Procedure, 1908 (CPC), is a landmark procedural law that governs the functioning of civil courts and the conduct of civil litigation in Bangladesh. Its enactment was the culmination of a long and complex historical process of legal reform in the Indian subcontinent, which began under British rule. To fully appreciate the significance of the 1908 Code, we must trace its origins from the early colonial period. Early British Administration and the Need for Codification Before the British established a unified legal system, the subcontinent's legal landscape was fragmented, with a mix of local customs, religious laws (Hindu and Muslim personal laws), and royal decrees. The British East India Company, initially a trading entity, gradually assumed administrative and judicial powers. The earliest attempts at judicial administration were rudimentary, primarily focused on revenue collection. The Regu...