The Principles of conservation law are as follows: Substantive principles: it is the major principle that guides basic aspects of conservation law from ground level. It is not possible for every states to enter into bilateral agreement as it impact the states in one or other ways. Thus in order …
Read More »Indra Prasad Khanal Vs. Government of Nepal
In the case of Indra Prasad Khanal Vs. Government of Nepal (NCP 2068, Issue 7, No. 8659), the Supreme Court of Nepal set the following precedents; Summary of theories and explanations formulated: In the event that a driver intentionally hits someone and kills a person, the vehicle remains as a …
Read More »Supreme Court (Second Amendment) Rules 2078 has been published in the Gazette
The amendment made in the Supreme Court Rules to reduce the discretionary power of Chief Justice of the Supreme court has gained legitimacy. Supreme Court (Second Amendment) Rules, 2078 has been published in the Gazette on Monday. There is a legal provision that any government decision will get legitimacy only …
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 »Less punishment for infanticide’s in ‘compulsive Condition’
The Supreme Court set principle that the killing of a child born (infanticide) in such a conditions when the woman concerned has unprotected/unsafe sex should not be punished as in other murder cases. A joint bench of Supreme Court combined of Justices Ishwar Prasad Khatiwada and Hari Prasad Phuyal commuted …
Read More »A child can choose only mother or father as family name
The Supreme Court orders to give citizenship in only mother’s name. A joint bench of Justices Deepak Kumar Karki and Hari Prasad Phuyal issued an order in the name of the District Administration Office, Kathmandu. The Supreme Court’s verdict states that the child has the right to choose the family …
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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