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 …
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 »The case, writ and application Symbol or code using in the Supreme Court of Nepal
The Courts are using specific codes and symbols for specific case types in the case numbers. These codes or symbols are helpful for identifying the nature of cases. The general people even beginner of law students also difficult to determine what type of case is it. Therefore here in the …
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 »