Supreme Court established the principle that the quasi-judicial body should also decide the lawsuits before it in accordance with the prevailing law and accepted principles of justice. In the case of Revenue Officer Govinda Prasad Adhikari vs. Yasasvi Properties Pvt. Ltd. (NKP 2077 Vo. 4, DN 10475), the apex court …
Read More »Illegal detention and its remedy with reference of National and international laws
Detention is when someone is arrested or put into custody or imprisoned for any reason. The police can arrest and detain people for investigation of a crime, or political reason. If, the person allegedly involved violates the country panel laws. If any person arrested or detained the person going loose …
Read More »State the general principles of criminal liability which are relevant to criminal proceedings in general.
Criminal liability is explains the logical structure of the criminal law. The prosecutors need to prove each element of the crime, is principle of criminal liabilities. All criminal charge needs to prove beyond a reasonable doubt. Liability needs to be distinguished; Culpability- infers intent, Capacity – capacity defense, Responsibility – …
Read More »Sting operation quashed by Supreme Court of Nepal (With full text)
On April 21, 2021, the Supreme Court of Nepal has ruled that the Commission for Investigation of Abuse of Authority (CIAA) cannot conduct a sting operation to arrest a bribe-taker. In the case of 074-WC-0020, the Constitutional Bench of the Supreme court declared null and void to the provisions of …
Read More »Hurt and Grievous Hurt with reference of Nepali/Nepalese law
Hurt might described as the substantial suffering which is brought about by actual contact with the body by a forced assault. There is no severe distinction between attack and hurt. Hurt: As per section 191 (2) of the National Penal Code, 2017 (hereinafter “NPC”), a person who does any or some …
Read More »The physical evidence provides a reliable basis for proving or rejecting the fact
The Supreme Court of Nepal (SC) established a precedent that if the physical evidence has not been tampered with, it provides a reliable basis for proving or rejecting the fact. In the case of Nepal Government vs. “E” (Nepal Kanoon Patrika (NKP), Vol. 2, DN 10431) SC emphasized that physical …
Read More »All bodies should take seriously on Citizenship & identity issue
The Supreme Court said that all government bodies should take it seriously to the citizenship and right to identity. The citizenship of any person is linked to his/her life, identity, and existence. In the case of Kavita Aaganja vs. Jhaukhel VDC et all (NKP 2077, Vol. 1, DN 10424), Supreme …
Read More »How to proceed the case to get citizenship of person, those mother or father have citizenship by birth (Step by Step)
The person, whose father or mother have citizenship by birth of Nepal, has been seeking to obtain Citizenship of Nepal. They can not get citizenship due to lack of legal provision. Some stateless people want to acquire citizenship, and some people has urgency of Citizenship card. For many purpose such …
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