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Issue No: 208
March 05, 2011

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Law Book Review
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Law Book Review

Understanding civil and criminal trial

Trial of Civil Suits and Criminal Cases
Justice Mohammad Hamidul Haque
Published by the Author (December, 2010)
Available at: JATI

Justice Hamidul Haque possesses a sublime judicial career all through his life. Presently Director General of Judicial Training Institute (JATI), Justice Haque served as a judicial officer in different tiers of the judiciary. Retired as a Judge of the Appellate Division, Justice Haque has affianced himself in equipping up the novice judges through intensive training at JATI since 2004. The book under introduction 'Trial of Civil Suits and Criminal Cases' is the product of his illustrious knowledge on substantive and procedural law. The book deserves appreciation from the very fact that it has come from the pen of a jurist who has command over law and language.

The author has underpinned the fundamental topics of trial of civil litigations and criminal cases in a systematic and simplified manner. Discussed from a Bangladesh perspective, the book contains fifty chapters in two parts within a remarkably precise volume. The author has explained the topics like principles of res judicata, institution of suits and execution of decrees under civil law with sufficient judicial precedents decided by the apex court of Bangladesh, which perhaps is the best strength of the book. With the introduction of this book, the readers are relieved from the monotonous civil and criminal law books encrypting a sentence wise case reference with no facts, issues, reasoning and nexus. Justice Haque has been a difference in this regard. A topic is elucidated with real facts of a case, the arguments of the parties and ratio decidendi of the decision quoting the author judge. The lucid and candid presentations on the topics like principle of criminal liability, institution of criminal case, framing of charges, admissibility of evidence, judgments etc are also full with reasoning, examples and arguments, which may be proved to be of immense help for a young judge.

Law students would cheer up such a meticulous publication as a strong response against the unrivalled dependence on authors of Indian civil and penal law. Merely substantive knowledge of law does not come to an aid to a young judge or a lawyer. Our students pass out without sufficient preparation on processual jurisprudence. Justice Haque's book may melt this snow and be an eye opener for the legal learners. Indeed, this would be a book for ready reference by the academicians as well. The book can be considered as a unique combination of substantive and procedural law on civil and criminal matters. It would be of essential value for the judges who would undergo the judicial training at JATI. 'Trial of Civil Suits and Criminal Cases' is a significant contribution to the corpus of our native jurisprudence.

- From Law Desk.

 

 
 
 
 


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