The document discusses the common law system and its influence on Nepal's legal system. It describes the key features of common law, including that it is based on judicial precedent rather than statutes. It originated in England and was developed in four stages. The common law system has had a major influence on Nepal's legal system since 2007 B.S., introducing concepts like constitutional monarchy, an independent judiciary, rule of law, and an adversarial legal system based on reason and precedent rather than codes or statutes.
A presenetation delivered by Prof Rosalind Croucher, President, Australian Law Reform Commission, at the Law Society of New South Wales, Government Solicitors Conference 2012, on 28 August 2012. A full transcript can be found at the ALRC website.
A presenetation delivered by Prof Rosalind Croucher, President, Australian Law Reform Commission, at the Law Society of New South Wales, Government Solicitors Conference 2012, on 28 August 2012. A full transcript can be found at the ALRC website.
Lecture slides on the Philippine Judiciary.
These slides were for an undergraduate course on Philippine Politics and Governance I taught between 2003-2005.
Presentation delivered as part of the free advanced legislation seminar in Portcullis House, London on Monday 8 November 2010, which looked at amendments to Bills and European and delegated legislation.
Lecture slides on the Philippine Judiciary.
These slides were for an undergraduate course on Philippine Politics and Governance I taught between 2003-2005.
Presentation delivered as part of the free advanced legislation seminar in Portcullis House, London on Monday 8 November 2010, which looked at amendments to Bills and European and delegated legislation.
PRECEDENTS AS A SOURCE OF LAW
DIFFERENT DEFINITION OF PRECEDENTS
ARTICLE 141 OF THE CONSTITUTION OF INDIA
HIERARCHY OF COURTS IN INDIA THE APEX COURT AT THE TOP AND OTHER COURTS AS SUBORDINATE COURTS
NATURE AND CHARACTERISTICS OF PRECEDENTS
DIFFERENT KINDS OF PRECEDENTS
DOCTRINE OF STARE DECISIS
DECISION SUB SILENTIO
DOCTRINE OF PROSPECTIVE OVERRULING RATIO DECIDENI OF A CASE OBITER DICTUM OF THE CASE
MERITS OF PRECEDENTS
DEMERITS OF PRECEDENTS
Where does a judge find the rules? The judicial imagination is not sufficient authority, even though some judicial decisions seem to suggest otherwise. There are several sources of the law, the primary ones being the Constitution, legislation, and prior judicial decisions. This last is the subject matter of this session.
The presentation specifically deals with Judicial Precedent. Presentation explains the meaning of precedent, its source, its nature, kinds, and Supreme court and precetent.
Explain of sonnet 116 or let me not to the marriage of true mind by Shakespeare's. it contains theme, poem, summary and analysis of poem with it explain. For BPSG student of Nepal
it is the 2nd part of judiciary of Nepal. it explain about court in Nepal with their qualifications, function jurisdiction etc according to the constitution of Nepal 2072
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
3. Introduction
• Common law system is guided by judicial decisions or
precedents which are made by judges using and
exercising their conscience and reason.
• The origin of common law system may be traced in
England.
• It has no basis in statute and is established and
developed through written opinions of judges
delivered at the end of a trial.
• It is based on the concept of judicial precedent.
4. Features
• There is not always a written constitution or codified
laws.
• Judicial decisions are binding,
• decisions of the highest court can generally only be
overturned by that same court or through legislation.
• Extensive freedom of contract,
• Few provision are implied into the contract by law,
5. Origins of common law system
• It was developed in four stages. They are
1. Anglo-Saxon
2. Norman Period
3. Recognition of Equity
4. Legislation
• It consists of the rules and other doctrine
developed gradually by the judges of the English
court as the foundation of their decision
6. Influence
• It is most important and major legal system
dominated on Nepalese legal system.
• The impact of common law took place after 2007 B.S.
• The impact are
Constitutional monarchy
Western minister model of parliament
Recognized principle of justice
Principle of natural justice
Principle of criminal justice
7. Influence of western model of education system
Rule of law
Independent judiciary
Judges from bar
Government prosecution through state case act
2049B.S
Neutral roles of court and judges
Discretionary power goes to judges
8. Equality before law
Equal protection of law
Adversarial legal system
Reason based decision
Contempt of court is crime