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 »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 »Parental custody counted as completion of custody (with order): Supreme Court
The Supreme Court of Nepal made an important judgment for the best interest of child and juvenile justice on 22 March 2021. The joint bench of the Supreme Court issued a writ of Habeas corpus, to send the juvenile from correction home to parental custody due to COVID-19. The petitioners …
Read More »Only Seizure money from defendant is not sufficient to establish corruption: Supreme Court
Supreme Court established a precedent that only seizure money from the defendant is not sufficient to establish corruption. In the case of Krishna Prasad Joshi v. Government of Nepal (Nepal Kanoon Patrika, 2077, Vol. 1, DN. 10413), the joint bench comprising Justice Dipak Kumar Karki and Justice Hari Prasad Phuyal …
Read More »Landmark Judgment on contempt of court of Supreme Court of Nepal
Supreme Court of Nepal established a new principle in the case of Khilanath Dhakal vs. Kumar Bhattarai one of the popular cases on contempt of court case. The joint bench of Justice Anil Kumar Sinha and Justice Hari Prasad Phuyal have trying to define a new concept. On 28 February …
Read More »Landmark judgment on right to Citizenship
The Supreme Court of Nepal developed new jurisprudence on the right to citizenship and the right to a nationality. In the common law system, higher courts playing important role in defining and interpreting the law as well as fulfill the legal gaps. The court verdicts are based on widely-accepted legal …
Read More »