A presumption based upon a law or a general rule and not upon the facts or evidence in an individual case. Presumption is an inference, which takes place in the absence of absolute certainty as to truth or falsehood of a fact. In other words, presumption is an inference drawn …
Read More »Supreme Court issued a ordered to make necessary arrangements to ensure Dalit rights within 3 months
The Supreme Court of Nepal has delivered a landmark judgment to ensure the rights of Dalit Community of Nepal. SC issued a directive order in the name of the Government of Nepal to make necessary arrangements to ensure the rights of the Dalit community and social justice. The directive orders …
Read More »Domestic Violence & its preventive Laws in Nepal
Devendra Puodel Introduction: – Domestic violence is one of the major forms of violence against women. Violence by a family member is also called domestic violence. In Nepali society, there is a traditional view that domestic violence is a matter of personal or domestic matter. – Physical, mental, sexual and …
Read More »Judicial Notice and Nepali Law
Judicial notice is used by a court during declares a fact presented as evidence as true without the appearance of evidence. A court may take judicial notice of questionable facts. Certain facts are should be now always within the knowledge of the court. Too many such facts need not be …
Read More »What is Precedent or Case Law in Common law
Precedent is also known as case law or judge-made law. Judicial precedent is a process that is followed by the judges to take the judgment. The decision is taken by following similar cases that happened in the past in the common law system. Hence, the judicial decision is based on …
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