As the petitioner Akash Gupta is a Nepali citizen eligible for Nepali citizenship as per Article 11 (3) of the Constitution of Nepal, an order will be issued in the name of the Opposition District Administration Office, Dhanusha to grant petitioner Akash Gupta Nepali citizenship as per the provisions of the Constitution. A joint bench … Read more
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 the principle of stare decisis. … Read more
The Supreme Court has declared the dissolution of the House of Representatives by President Vidyadevi Bhandari on the recommendation of Prime Minister KP Sharma Oli as unconstitutional. Restoring the dissolved House of Representatives at midnight on June 22, the Constitutional Court of the Supreme Court has issued an order to appoint Nepali Congress President Sher … Read more
The Supreme Court has set principle that a step-son cannot claim the right to inherit property even if he has a married daughter. The Supreme Court has reversed the decision of the then appellate court Butwal in a case related to a childless property dispute in Rupaulia, Nawalparasi. A full bench of Justices Sapna Pradhan … Read more
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 clarified the officer or body … Read more
The Supreme Court has issued an interim order not to implement the Citizenship Ordinance in the name of the government of Nepal. The Constitutional bench of Supreme Court, comprising with Chief Justice Cholendra Shamsher Jabra, Justices Deepak Kumar Karki, Mira Khadka, Harikrishna Karki and Ishwar Prasad Khatiwada issued the interim order. The Supreme Court has … Read more
The Supreme Court of Nepal (SC) has issued an order to the government to easy supply of oxygen for the treatment of those infected with the corona virus. SC also ordered to bring well-equipped hospitals into operation. A single bench of Justice Bam Kumar Shrestha issued an interim order. Supreme Court ordered to easy supply … Read more
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 Rule 30 of the Commission … Read more
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 evidence is more reliable than … Read more
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 Court has taken seriously to … Read more