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
Article 356 is inspired by sections 93 of the Government of India Act, 1935,
which provided that if a Governor of a province was satisfied that a situation had arisen in which the government of the province cannot be carried on in accordance with the provisions of the said Act, he could assume to himself all or any of the powers of the government and discharge those functions in his discretion.The Governor, however, could not encroach upon the powers of the high court
Article 356 is inspired by sections 93 of the Government of India Act, 1935,
which provided that if a Governor of a province was satisfied that a situation had arisen in which the government of the province cannot be carried on in accordance with the provisions of the said Act, he could assume to himself all or any of the powers of the government and discharge those functions in his discretion.The Governor, however, could not encroach upon the powers of the high court
Judicial activism in India ( Brief Notes )sandhyakrish2
Judicial activism is the judicial philosophy that the courts can and should go beyond the words of the constitution or a statute to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint.
LLB LAW NOTES ON LAW OF HUMAN RIGHTS
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KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
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Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. Judicial Review plays an important role in Indian Judiciary.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
Judicial activism in India ( Brief Notes )sandhyakrish2
Judicial activism is the judicial philosophy that the courts can and should go beyond the words of the constitution or a statute to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint.
LLB LAW NOTES ON LAW OF HUMAN RIGHTS
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
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FREE LLB LAW SECOND SEM NOTES
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FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. Judicial Review plays an important role in Indian Judiciary.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
DescriptionThe Supreme Court of India is the premier judicial court under the Constitution of India. It is the highest constitutional court and has the power of judicial review.
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
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 .
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
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)
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.
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Car Accident Injury Do I Have a Case....Knowyourright
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How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
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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.
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.
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.
2. Introduction
Judiciary is the organ of the state which
decides justice to the victim and punishment to
the culprit using the existing law of nation.
It make the interpretation of laws in reference
to the constitution and protects the
fundamental and human rights of citizens.
The concept of democratic state with rule of
law cannot be materialized in the absence of
judiciary.
It protects the lives of people, their freedom
and provides them security.
3. Court in Nepal
No •Name of Court
1 •Supreme Court
7 •High Court
77 •District Court
5. Introduction
This is the highest level of court in the judicial
system of Nepal.
The Supreme Court is also called the court of
record because the decisions given by the
decisions given by the Supreme Court are kept as
the perpetual testimony and memory for future.
All the courts except those having separate
provision in the constitution are under the
supreme court.
The final interpretation of constitution and other
laws is made by the supreme court.
6. No of justice in Supreme court
The supreme court has chief justice and other
20 permanent judges.
1 20 21
7. Appointment
The president shall appoint the Chief Justice,
on recommendation of the Constitutional
Council, and other judges of the Supreme
Court, on recommendation of the Judicial
Council.
8. Qualification of Justice of Supreme
Court
1) any citizen of Nepal who has obtained a bachelor’s
degree in law
2) Chief Judge/Judge at High Court for 5 year
3) Law practitioner having continued experience of law
for 15 years
4) one who has achieved specialized reputation in the
field of law
5) Gazetted officer of first class for at last 12 years in
judicial service
6) A higher post of the judicial service for at least twelve
years
9. Removal
The office often Chief justice or a justice of the Supreme
Court shall be vacant in any of the following circumstances:
1) If she tenders resignation in writing before the President,
2) If she attains the age of 65 years
3) If a motion of impeachment is passed against her/him under
article 101
4) If the President removes from office the Chief justice, on
recommendation of the Constitution council, and the judicial
council, on the ground that he or she is unable to discharge
her/his duties because of physical or mental illness
5) If s/he is punished by a court for a criminal offence involving
moral turpitude
6) If s/he dies
10. Jurisdiction of supreme court
I. Power of Hearing Writ Petitions
II. Power to decide Constitutionality of the Law
III. Power of Hearing Appeal
IV. Power to Review its Own Judgments
V. Power to Revise the Decisions of the Court of
Appeal
VI. Power to Decide Constitutional Disputes
VII. Court of Record
VIII. To try Certain Cases
IX. Power of making rules
X. Power to Formulate Judicial Policies
11. Term
The term of justice including the Chief justice
has 6 years.
12. Article related to supreme court
Article no
128 Supreme court
129 Appointment and Qualification of Justice
130 Conditions of service and benefits of Justice
131 Vacation of chief Justice and other Justice
132 Chief Justice and justice not be engaged in any other
assignment
133 Jurisdiction of the supreme court
134 Transfer of case
135 Not to be part of pleading of court case
136 Responsibility of the Chief Justice
137 Formation of the constitutional Bench
138 Annual report
14. Introduction
The constitution of Nepal has made a
provision of High Court in each province.
In the Court, there is a Chief Judge and other
judges who are appointed by the Chief Justice
on the recommendation of the judicial Council.
Every High Court has judges in the number as
provided in the Federal law.
15. Appointment
The Chief Justice appoint the judges on the
recommendation of the Judicial Council.
16. Qualifications
1) any citizen of Nepal who has obtained a
bachelor’s degree in law
2) Chief Judge/Judge at District Court for 5 year
3) Law practitioner having continued experience
of law for 10 years
4) one who has achieved specialized reputation
in the field of law
5) Gazetted officer of first class for at last 5
years in judicial service
17. Removal
I. If s/he submits written resignation to the Chief
Justice,
II. If s/he attains the age of 63 years,
III. If s/he is removed by the Judicial Council for
reasons of incompetence, misbehavior, ill-
intended activities and serious violation of the
code of conduct,
IV. If s/he is removed by the Judicial Council for
being unable to discharge the duties for her/his
office due to physical or mental illness,
V. If punished by the court on criminal charges
constituting moral degradation,
VI. If s/he dies.
18. Article related to high court
Article
139 High court
140 Appointment and qualifications
141 Conditions of service and benefits of chief judge and judge
142 Vacancy of chief judge and judge
143 Chief Judge and Judge not be engaged in any other assignment
and transfer related provision
144 Jurisdiction of the High Court
145 Transfer of case
146 Allowed to plead
147 Responsibility of the Chief Judge
20. Introduction
There is a provision of district court in each
district.
The judicial institutions at local level are under
the district court.
It supervises and directs the judicial
instructions that are under it.
The judge of District Court are appointed by
the recommendation of the Judicial Council
21. Appointment
The chief justice on the recommendation of the
Judicial Council appoint the Judges of the
District court.
22. qualifications
20% among the gazette 2nd class officer of
Judicial Serving have at least 3 years of
experience(seniority, qualification and work
perform )
40%competitve exams among the 2nd class
officer of Judicial service having minimum of
3years of experience
40%open competitive exam among the
advocates experience 8 years of law practice
experience Gazette class officer researcher
23. Vacancy
If s/he submits written resignation to the Chief Justice
of Supreme Court,
If s/he attains the age of 63 yrs,
If s/he is removed by the Judicial Council for reasons
of incompetence, misbehavior, ill-intended work or
serious violation of the code of conduct,
If removed by the Judicial Council for being unable to
discharge the duties of her/his office due to physical
or mental illness,
If punished by the court on criminal charges
constituting moral degradation, or
If s/he dies
24. Article related to District Court
Article
148 District Court
149 Appointment, qualifications and remuneration and other terms of
service of the Judges of District Court
150 Judges of the District Court not to be engaged in any other
assignment and provisions related to transfer
151 Jurisdiction of the District Court
26. Article No 152
In addition to the court referred to in article 130
the law can establish and constitute other
specialized courts, judicial institutions or
tribunal, for the purpose of hearing case of
special type and nature.
Case related to criminal offense leading to
prison sentence of more than a year shall not
fall under the jurisdiction of any other
institution other than a court or specialized
court or military court or judicial body.
28. Introduction
The Judicial Council has been provisioned in
article 153 of the constitution of Nepal.
As per the constitution, its main function is to
make recommendation or give advice on the
appointment of , transfer of disciplinary action
against and dismissal of judges and other
matter relating to the administration of justice.
29. Composition of Judicial Council
1. Chief Justice as chairperson
2. The federal minister of law and justice as
member
3. The senior judge of the supreme court as
member
4. One jurist nominated by the President on the
recommendation of the Prime minister as
member
5. A senior advocate appointed by the President
on the recommendation of Nepal Bar
Association as member
31. Composition of Judicial Service
Commission
1. Chief Justice of the Supreme Court as
chairperson
2. Federal law justice minister as member
3. Senior most Judges of the Supreme Court as
member
4. Chairperson of the Public Service
Commission as member
5. The Attorney General as member