NEB Class 11 · Past paper
The complete NEB Class 11 2080 exam paper for Procedural Law, all 25 questions with solved model answers.
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कार्यविधि कानुन भनेको के हो ? / What is meant by procedural law?
Procedural law (कार्यविधि कानुन) is the set of rules that governs how legal rights are enforced in court. It is also the set of rules for how wrongs are redressed in court. Substantive law tells us what our rights and duties are. Procedural law tells us how to claim and defend them in practice. Its main features are the following.
In Nepal the chief procedural laws are two codes. They are the National Civil Procedure Code 2074 (2017) and the National Criminal Procedure Code 2074 (2017). Together they supply the machinery that enforces the substantive Civil and Penal Codes.
कार्यविधि कानुनको महत्व माथि चर्चा गर्नुहोस् । / Explain the importance of procedural law.
Every legal system must answer two separate questions. What are a person's rights and duties? How are they to be enforced? Substantive law answers the first question. But that answer would be an empty promise without the second. Procedural law answers the second. Consider a system that said "every person owns their ancestral property." Now suppose it gave no court and no form of suit to remove a trespasser. The right would be just a slogan. So procedural law is often called merely adjective law or formal law. But in practice it is vital to justice.
The first importance of procedural law is that it gives effect to substantive rights. Take a right to property under the Muluki Civil Code 2074. Take the right of an innocent person not to be convicted. These rights mean nothing without a way to bring them before a court. They mean nothing without a way to get a remedy. Suppose Gita is wrongfully thrown off her land. The National Civil Procedure Code 2074 lets her file a plaint (फिरादपत्र). It lets her prove her title. It lets her get possession back through a decree that the court will enforce.
Second, it secures a fair hearing. Its rules require notice to the other side. They require a chance to file pleadings, such as the written reply (प्रतिउत्तर). They require a chance to lead and test evidence. They require a chance to appeal. These rules are the concrete form of natural justice. Suppose judgment is passed against a defendant, but the summons (म्याद) never reached them. That defendant can have the judgment set aside for want of proper notice. This shows how procedure protects fairness in practice.
Third, procedural law brings order, uniformity and certainty. Every suit follows the same known steps. These are plaint, summons, reply, evidence, hearing and judgment. So like cases are treated alike. And parties can predict how their matter will proceed.
Fourth, in criminal justice it protects the liberty of the individual. There are clear safeguards. An arrested person must be told the grounds of arrest. They may consult a legal practitioner. They must be produced before a court within twenty-four hours. The Constitution of Nepal 2015 guarantees all of these as fundamental rights. The National Criminal Procedure Code 2074 carries them into effect. They restrain the state from acting arbitrarily against a person.
Finally, procedural law makes justice regular and visible. In this way it sustains public confidence in the courts. People trust decisions reached through a known, disciplined process. They do not trust decisions reached on the whim of an official.
In conclusion, procedural law is not a lesser or merely technical branch. It is the working machinery of justice. It turns substantive rights into real remedies. It guarantees a fair hearing. It keeps the system orderly. It shields individual liberty. And it earns the public's trust. Without it, the finest substantive law would stay a promise on paper.
कार्यविधि कानुन र सारवान कानुन बिचको फरक छुट्याउनुहोस् । / Show the difference between procedural law and substantive law.
Law is commonly divided into two parts. These are substantive law (सारवान कानुन) and procedural law (कार्यविधि कानुन). Understanding the link between them is basic to the study of procedural law. Substantive law defines the rights people hold. It defines the duties they owe. It defines the wrongs they may commit. It defines the remedies the law provides. The law of contract, property, family and crime are all substantive. Procedural law is different. It lays down the method to assert and enforce these rights in court. It lays down the method to redress these wrongs in court.
The differences between them can be drawn out under several heads. The first head is function. Substantive law settles what the legal position is. Procedural law settles how that position is realised in court. Suppose Sita is cheated out of money by a false contract. The Muluki Civil Code 2074 tells us she has a right to be compensated. That is substantive. The National Civil Procedure Code 2074 tells us the steps. Sita files a plaint (फिरादपत्र). The court issues a summons (म्याद). The defendant files a reply (प्रतिउत्तर). Evidence is led. Judgment is given. That is procedural.
The second head is subject matter. Substantive law covers fields such as contract and crime. Procedural law covers filing, pleadings, summons, evidence, judgment and execution. In Nepal the two Procedure Codes of 2074 govern these steps.
The third head is operation in time. Substantive law is generally prospective. It applies to future conduct. Procedural law is generally retrospective. It applies even to cases already pending. A litigant has no fixed right in one particular form of procedure. Suppose the law is changed to require appeals in a different manner while Sita's case is still running. The new procedure would normally govern her appeal.
The fourth head is nature. Substantive law is seen as primary and independent. Procedural law is adjective and subordinate. It exists to serve the substantive law. This is why courts do not let a minor procedural slip defeat a genuine claim. A small error in a date is one such slip. Procedure is the servant of justice. It is not the master.
Yet the contrast must not hide their deep dependence on each other. A substantive right with no procedure to enforce it is a right with no remedy. It is just a promise. A procedure with no substantive law behind it is empty machinery. It produces nothing. A single lawsuit shows both at work together. In a theft case the Penal Code 2074 supplies the substantive rule and the punishment. The Criminal Procedure Code 2074 supplies the steps. These steps investigate, charge and try the accused. If the accused is guilty, they sentence him.
So the proper conclusion is this. The two branches are distinct in idea but united in purpose. Substantive law gives the system its goals. Procedural law gives it the means. A sound legal order needs both working in harmony.
सामान्य कार्यविधि भन्नाले के बुझिन्छ ? / What is meant by the General procedure?
General procedure (सामान्य कार्यविधि) means the complete and regular process. An ordinary case passes through it in court. It is the opposite of the shorter summary route and the tailored special route. It is the default method of deciding a case. It is used because the matters that go through it are serious. They deserve a full and fair hearing before a decision.
In a civil matter under the National Civil Procedure Code 2074 it runs through these stages. The plaintiff files a plaint (फिरादपत्र) with the required court fee. The court registers it and issues a summons (म्याद) to the defendant. The defendant files a written statement (प्रतिउत्तर). The matters in dispute, called issues, are framed. Both sides lead and cross-examine evidence. The court hears arguments and delivers judgment. The judgment is then executed. A simple example shows the point. Suppose A sues B over an unpaid loan. A's plaint sets out the claim. B is summoned and answers. Each side produces its documents and witnesses. The court decides only after hearing both.
The features worth stressing are these. It gives both sides a full chance to be heard. This is the practical form of natural justice. It involves a complete inquiry into facts and law. This is done through pleadings and tested evidence. So the decision rests on a proper record. And it ends in an enforceable judgment carried out through the court. This is why the general procedure is kept for all but the most minor or specially regulated matters. For those, a quicker summary or special process is used instead.
रिट निवेदन दर्ता हुने कुनै दुई अवस्थाहरु उल्लेख गर्नुहोस् । / State any two conditions for registration of writ petition.
A writ petition is not an ordinary suit. It is an extraordinary constitutional remedy. It can be registered only where certain conditions are met. The main ones are the following.
(a) Infringement of a right. There must be a violation of a right. A near threat of violation is also enough. The right may be a fundamental right under the Constitution of Nepal 2015. It may also be another legal right. For example, suppose a person is unlawfully detained. Their right to personal liberty is infringed. A habeas corpus petition will lie.
(b) Absence of an equally effective alternative remedy. This applies to rights other than fundamental rights. For those, a writ lies only where no other equally effective legal remedy exists. The writ jurisdiction is meant to fill gaps. It is not meant to replace the ordinary courts.
(c) Standing (locus standi). The petitioner must be an affected person. But in public-interest matters the rule is wider. Any citizen with a genuine concern in a question of public importance may apply.
(d) Proper court and jurisdiction. The petition must be filed in the Supreme Court or the right High Court. These courts hold writ jurisdiction (क्षेत्राधिकार) under the Constitution.
(e) An act of a public authority. The writ generally runs against the state. It also runs against a body performing a public duty. A purely private dispute belongs to the ordinary courts.
Here is an illustration. Suppose a government office refuses to perform a clear legal duty owed to a citizen. Suppose no other effective remedy is available. The citizen has standing. So the citizen may file a mandamus petition in the High Court. When such a petition is registered, the court first checks for a prima facie case. If satisfied, it issues a show-cause notice to the opposite party before deciding.
कार्यविधी कानुनका प्रकारहरु व्याख्या गर्नुहोस् । / Explain various types of Procedural Law.
Procedural law does not force every dispute through one uniform channel. It recognises that cases differ in gravity, subject and stage. Forcing a tiny claim through the same long road as a grave criminal trial would be wasteful and unjust. Treating a child like an adult would be unjust too. So procedural law provides several types of procedure. We can group them under three heads.
The first head is a distinction by gravity and formality. The general procedure (सामान्य कार्यविधि) is the ordinary, full process. The case is filed. The other side is summoned. Pleadings are exchanged. Evidence is led and tested. Judgment is delivered after a complete hearing. Take a property suit. The plaintiff files a plaint (फिरादपत्र). The defendant answers by a written statement (प्रतिउत्तर). The District Court decides after hearing both. Most civil suits and serious criminal cases follow it. The summary procedure (संक्षिप्त कार्यविधि) is a shorter and quicker process. It is for minor or simple matters. The formalities are reduced. So small cases are disposed of without delay. A petty offence that carries only a small fine is an example. The special procedure (विशेष कार्यविधि) is kept for a particular class of case that needs its own handling. Examples are decisions before tribunals and quasi-judicial bodies in revenue or labour matters. Each follows the procedure its enabling statute prescribes.
The second head is a distinction by stage of the case. The trial procedure is the first instance. Here the court finds facts. It records witness evidence. It gives the original judgment. Take a District Court hearing a theft case. It examines the witnesses and the seized articles. The appellate procedure is the review stage. A higher court re-examines the case on the record to correct errors. It may confirm, reverse, vary or remand it. Take the losing party taking the case to the High Court. They argue that the evidence was misread. The Constitution of Nepal 2015 supplies the hierarchy that makes this possible. The Supreme Court sits above seven High Courts. The High Courts sit above the District Courts.
A third type is the writ procedure (रिट कार्यविधि). This is a special constitutional remedy. Under the Constitution the Supreme Court and the High Courts may issue writs. These are habeas corpus, mandamus, certiorari, prohibition and quo warranto. They enforce fundamental and legal rights. The writ begins with a writ petition, not an ordinary plaint. For example, suppose a person is held in custody beyond the lawful period. A habeas corpus order can free them. It directs the authority to produce the person and justify the detention. Finally, the juvenile justice procedure gives children in conflict with the law a distinct process. It is protective and confidential. Its aim is reform. It is governed by the Act Relating to Children 2075. The child's best interest governs. Detention is a last resort. A juvenile accused of a petty offence is dealt with privately. They are steered toward counselling rather than prison.
In conclusion, these several types are not an accident. They are a design. Procedural law offers a full process for serious matters. It offers a quick one for small ones. It offers a tailored one for technical subjects. It offers a review stage to correct error. It offers a swift constitutional remedy against unlawful state action. It offers a gentle process for children. So the method always fits the matter. That is the mark of a mature and practical system of justice.
प्राङन्यायको सिद्धान्तको बारेमा लेख्नुहोस् । / Write about the Principle of Res judicata.
Res judicata (प्राङ्न्याय) literally means "a matter already judged". It is the principle that a decided dispute cannot be reopened. Once a competent court has finally decided a dispute, the same issue cannot be re-litigated between the same parties. Its essential conditions are these.
The purpose of the principle is important. It gives finality to judgments. So litigation ends somewhere. It protects a party from being vexed twice for the same cause. And it saves the courts from wasting time on disputes already settled. Consider an illustration. A sues B claiming ownership of a piece of land. After a full hearing the court decides the land belongs to B. The judgment becomes final. Suppose A later files a fresh suit against B claiming the same land on the same grounds. That second suit is barred by res judicata. B can have it dismissed without a new trial. In Nepal this principle underlies the finality of decisions under the National Civil Procedure Code 2074. It serves both private peace and the public interest in the certainty of the law.
प्राकृतिक न्यायको सिद्धान्तको बारेमा व्याख्या गर्नुहोस् । / Explain the Principle of Natural Justice. (Why is it necessary to follow in judgment?)
Natural justice (प्राकृतिक न्याय) is the name for the minimum standards of fair procedure. Any authority deciding a dispute must observe them. This is true whether it is a court or a quasi-judicial body. It is not a set of technical rules. It is a demand of reason and fairness. In Nepal it is reinforced by the constitutional right to a fair trial and to fair administrative action under the Constitution of Nepal 2015. It is so basic that it applies even where a statute is silent. The law presumes that any power to decide affecting a person's rights must be exercised fairly.
The doctrine rests on two classical principles. The first is audi alteram partem. It means "hear the other side". It requires that a person affected by a decision be given proper notice of the case against them. It also requires a real opportunity to be heard. The person must be able to present their evidence and to answer the other side. A decision reached without hearing the affected party is condemned as one-sided and unjust. Imagine a public employee dismissed for alleged misconduct. They are never told what the accusation is. They are never asked to explain. Whatever the facts may be, the dismissal is defective, because the person was condemned unheard.
The second principle is nemo judex in causa sua. It means "no one should be a judge in their own cause". It requires that the decision-maker be impartial. They must be free from personal interest, relationship, enmity or bias. They must be free even from the reasonable appearance of bias. Suppose the officer deciding a dispute is closely related to one of the parties. The decision is tainted. Justice must not only be done. It must be seen to be done. A third requirement is usually added. The authority should give a reasoned decision. This way the parties and any appellate court can see the basis on which the matter was decided.
It is necessary to follow natural justice in the delivery of justice for several reasons. First, it secures a fair hearing. So it protects the substantive rights of the parties. Even a correct result reached unfairly is suspect. It corrodes trust. Second, it prevents arbitrariness and abuse of power by courts and officials. It binds them to a disciplined, open method rather than to whim. Third, it builds public confidence. People respect decisions they can see were reached fairly and impartially. Fourth, it gives effect to the constitutional guarantee of a fair trial and fair administrative action. So these are not empty words but enforceable standards.
The strength of the principle is shown by its remedy. In Nepal a decision taken in breach of natural justice is treated as a serious procedural defect. The affected person may approach the High Court or the Supreme Court. That court can set the decision aside through the writ of certiorari. It may also issue prohibition to stop a body proceeding unfairly. In this way the two courts enforce fairness on all public authorities and tribunals. So natural justice is not an optional refinement. It is the very heart of fair procedure. It is one of the foundational principles of procedural law. Without it, a decision lacks legitimacy, however correct in result.
प्रमाण कानुन भनेको के हो ? (प्रमाणका प्रकार उल्लेख गर्नुहोस्।) / What is meant by Evidence Law? (Mention its kinds.)
Evidence law (प्रमाण कानुन) is the branch of procedural law that governs how the facts of a case are established in court. A court does not know the facts on its own. It was not present at the disputed event. It must be persuaded of what happened by proof. Evidence law lays down what may be offered as proof. It lays down how proof is produced and tested. It lays down who must prove what. It lays down the standard to which it must be proved. In Nepal the main law is the Evidence Act 2031 (1974). It is read with the National Civil Procedure Code 2074 and the National Criminal Procedure Code 2074.
The kinds of evidence may be classified in several ways. The first way is by form. There is oral evidence, the sworn statements of witnesses given in court. There is documentary evidence, which is writings, registers and electronic records produced before the court. There is real or physical evidence (दसी प्रमाण), which is material objects such as a weapon or a disputed article brought in for the court to inspect.
The second way is by relation to the fact in issue. Here evidence is either direct or circumstantial. Direct evidence establishes the fact straight away. The testimony of an eyewitness who saw the event is direct. Circumstantial (indirect) evidence establishes surrounding facts. From those facts the main fact is reasonably inferred.
The third way is by the source of a document. Here evidence is primary or secondary. Primary evidence is the original document. Secondary evidence is a copy or other substitute. It is admitted only in exceptional cases.
A single example shows the kinds working together. Suppose A is prosecuted for assaulting B with a rod. An onlooker who saw the blow gives direct oral evidence. The rod was seized and sealed during investigation. The rod is physical evidence. The hospital's injury report is documentary evidence. It is best proved by its original, which is primary evidence. B visited the hospital minutes after the incident. That is a circumstance supporting the account.
Certain principles run through the whole subject. The burden of proof lies on the party who asserts a fact. In a criminal case the prosecution must prove the charge beyond reasonable doubt. The reason is that the accused is presumed innocent until proven guilty under the Constitution of Nepal 2015. In a civil case the matter is decided on the balance of probabilities. Only relevant facts may be proved. The best evidence should be produced. So originals are preferred to copies. And first-hand testimony is preferred to hearsay. Taken together, these rules make evidence law the discipline that keeps fact-finding fair, reliable and orderly. That is why it is central to the whole of procedural law.
लिखित र मौखिक प्रमाणवीचको कुनै एक फरक छुट्याउनुहोस् । / Show any one difference between written (documentary) and oral evidence.
Written (documentary) evidence and oral evidence are two of the main forms of evidence. They differ in several ways.
Here is an example. Suppose A and B dispute the price agreed for a plot of land. A written and registered sale deed states the price. That deed is strong documentary evidence. It cannot easily be contradicted. Now suppose a neighbour recalls that they "heard the price was lower." That is oral evidence. It is open to doubt. It is open to cross-examination about how the neighbour came to know. As a rule, where a transaction has been put in writing, the written document is the better evidence of its terms. Oral evidence may still be needed to explain or prove surrounding facts.
साक्षी बकपत्र भनेको के हो ? साक्षी बकपत्र गराउँदा ध्यान दिनुपर्ने कुराहरु लेख्नुहोस् । / What is examination of witness? Write the things to be considered while examining a witness. (2+3)
(a) Examination of witness (2). Examination of a witness (साक्षी बकपत्र) is the process of questioning a witness in court, on oath. The aim is to obtain and to test their evidence about the facts of the case. It happens in three stages. The first is examination-in-chief by the party that called the witness. The second is cross-examination by the opposing party. The third is re-examination by the first party to clear up points raised in cross-examination. Cross-examination is seen as the chief means of finding the truth. For example, in a theft case the defence tests the complainant. It asks about the lighting, the distance and the time. This checks whether the identification is reliable.
(b) Things to be considered while examining a witness (3).
सुनेजान्नेको प्रमाणलाई किन प्रमाणको रुपमा लिइँदैन ? समीक्षा गर्नुहोस् । / Why is hearsay evidence no evidence? Examine.
Hearsay evidence is a statement that a witness reports as made by some other person. It is offered to prove the truth of what that other person said. It is not something the witness saw or heard happen directly. Here is an example. In an assault case, witness W tells the court, "My friend X told me that he saw the accused hit the victim." W did not see the assault. W only heard X describe it. The general rule is that hearsay is no evidence. The reasons are sound.
The law does recognise some exceptions. These arise where there is necessity and a special guarantee of trustworthiness. The best known is a dying declaration (मृत्युकालीन घोषणा). It is admitted because the maker is dead. Such a person is thought unlikely to lie in the face of death. On the whole, though, excluding hearsay keeps fact-finding reliable. That is why it is firmly settled that hearsay evidence is no evidence.
दसी प्रमाण भनेको के हो ? प्रत्यक्ष प्रमाण र अप्रत्यक्ष प्रमाण बीचको भिन्नता छुट्याउनुहोस् । / What is physical evidence? Distinguish between direct and indirect evidence.
Physical or real evidence (दसी प्रमाण) is a material object produced before the court so the court may examine it directly. Examples include a weapon used in an offence, a forged document, stolen property, or a bloodstained garment. It differs from oral evidence, which is spoken testimony. It also differs from documentary evidence, which proves the contents of a writing. Physical evidence is the actual thing in dispute or connected with the offence. In practice it is seized and sealed during investigation. It is listed in a seizure or inspection report (muchulka). It is produced at trial. There it often provides powerful support for the oral and documentary evidence. It also helps the court see the facts for itself. Here is an example. Suppose a knife is recovered from the accused's house. It matches the victim's wound. It bears the victim's blood. The knife as physical evidence supports the testimony of the witnesses far more convincingly than words alone.
Evidence is also classified by its relation to the fact to be proved. This gives direct and indirect (circumstantial) evidence. The distinction between them is important.
Direct evidence establishes the fact in issue immediately. No inference is needed. The clearest example is the testimony of an eyewitness who actually saw the event. Another is the production of the very document or object in dispute. If believed, direct evidence proves the fact at once. The evidence of a bystander who watched A stab B directly establishes that A stabbed B.
Indirect or circumstantial evidence does not prove the fact in issue directly. Instead it proves other, surrounding facts. From those facts the main fact may be reasonably inferred. Fingerprints at the scene are circumstantial. A motive is circumstantial. The accused's presence nearby is circumstantial. An attempt to flee or to conceal is circumstantial. No single circumstance proves guilt. But together they may form an unbroken chain. Here is an example. No one saw a murder. But the accused was the last person seen with the victim. He bought poison the day before. He had a strong motive. He tried to dispose of the body. These circumstances, taken together, may prove guilt. Each one alone would not.
The main points of difference are these. Direct evidence needs no inference. Circumstantial evidence works entirely by inference. Direct evidence, if believed, is conclusive of the fact. Circumstantial evidence convinces only when the circumstances add up. So circumstantial evidence calls for greater caution. To support a conviction, the law requires the chain of circumstances to be complete and consistent only with the guilt of the accused. It must exclude every other reasonable explanation. Both kinds are admissible and valuable. Indeed, strong circumstantial evidence is often more reliable than a single, possibly mistaken, eyewitness. But the court must test it with the care the law demands.
अदालती दस्तुर भनेको के हो ? / What is meant by court fees?
Court fees (अदालती दस्तुर) are the set charges a litigant must pay to the court. They are paid for instituting and pursuing a case. Examples are the fee on a plaint, on an appeal, and on certain applications. In civil suits over money or property the fee is generally ad valorem. This means it is fixed as a proportion of the value claimed. Fixed fees apply to many other steps. Court fees serve several purposes.
For example, a person suing to recover a plot of land worth a large amount pays a fee reckoned on that value. A small money claim attracts a small fee. A plaint filed without the proper fee may not be registered until the deficiency is made up. Suppose a party undervalues the claim to pay less. The court may require the correct valuation and the balance of the fee. The law also keeps justice accessible. It allows poor litigants in deserving cases to claim exemption or relief from court fees. So inability to pay does not shut a genuine claimant out of court.
पक्राउ पुर्जी किन जारी गरिन्छ ? / Why is a warrant issued?
A warrant (पक्राउ पुर्जी) is a written order issued by a court or competent authority. It is used chiefly in criminal matters. It directs that a person be arrested and produced before the court. It is issued for reasons connected with securing the person and the process of justice.
A warrant must be in proper form. It must be issued by a competent authority. And it must name or clearly identify the person to be arrested. Here is an example. Suppose an accused who has been granted time keeps absconding. The court may issue a warrant so the police can bring him in. A related order is the search warrant. It authorises a lawful search of a place, for example to recover stolen goods or hidden evidence. So warrants are the court's means of compelling the presence of persons and the production of things when voluntary compliance fails.
मुद्दामा मेलमिलाप गर्नुको फाईदा के हो ? / What is the benefit of mediation?
Mediation (मेलमिलाप) is a form of alternative dispute resolution. A neutral third person helps the parties reach their own voluntary settlement. Its benefits in litigation are considerable.
Here is an example. Suppose two neighbours quarrel over a shared boundary wall. Through mediation they might agree on a repair and a line both accept. Their daily relationship stays intact. A contested suit, by contrast, could leave them enemies for years whatever the judgment. Once the agreement is recorded it is binding on the parties. This is why court-connected mediation is strongly encouraged in Nepal. Courts may refer suitable civil cases to it.
अदालतहरुबाट म्याद र सूचना जारी गर्ने प्रक्रियाको बारेमा उल्लेख गर्नुहोस् । / Explain the procedure of issuing summons and notices (myad ra suchana) from courts.
A fair trial begins with notice. A court cannot justly decide a case against a person who does not know it has been filed. So one of the first steps in any proceeding is the issue and service of summons and notices (म्याद र सूचना). The procedure is carefully regulated by the National Civil Procedure Code 2074 and the other procedure codes.
Once a plaint or petition is registered, the court issues a summons (म्याद) to the defendant or respondent. The summons identifies the court and the case. It states in brief what is claimed. It requires the person to appear and file an answer by a stated date. A copy of the plaint is usually sent with the summons. So the defendant knows the case to be met.
The summons must then be served. The law provides a graded set of methods. The first and best is personal service. The summons is delivered to the person themselves, who acknowledges receipt. If the person is not found, service may be made on an adult member of the household. Or the summons may be affixed at the last known residence. This is done in the presence of a local witness or ward official, who attests the service. Sometimes the person is deliberately avoiding service or cannot be traced at all. Then the court may order substituted service. This includes service through a relative or local body. In the last resort it includes publication of the notice in a newspaper. The law treats this as notice to the world. Here is an example. Suppose A sues B over a loan, but B has gone abroad leaving no address. The court may order newspaper publication. So the case can proceed. And B cannot block it simply by being absent.
After service, the process-server returns a report (tameli) to the court with proof of how service was made. The court satisfies itself that service was valid before proceeding. The importance of all this is clear. Valid service of summons is the foundation of a fair hearing. It gives effect to the principle of natural justice that the other side must be heard (audi alteram partem). Suppose service is defective, so that the party truly had no notice. Then any judgment passed against them can be challenged and set aside. Here is an example. Suppose a decree is passed against B because the server falsely reported service at an address where B never lived. B can later have that decree set aside for want of notice. So the issue and service of summons and notices looks like a routine step. But it is one of the most important safeguards in court procedure.
म्याद तामेल भनेको के हो ? म्याद तामेलीको प्रक्रिया व्याख्या गर्नुहोस् । / What is service of summons (myad tameli)? Explain its procedure.
Service of summons (म्याद तामेली) is the step by which a court's summons or notice is actually delivered. It is delivered to the defendant or respondent. The fact of delivery is then recorded. Its procedure is as follows.
Here is an example. Suppose the defendant has shut his house and left the area. The server may affix the summons at the residence before a ward witness. If even that cannot reach him, the court may order newspaper publication. Proper service protects the right to be heard. Suppose a judgment is passed on defective service, where the party truly had no notice. That judgment can be set aside.
अदालतबाट भएका फैसला कार्यान्वयन गर्ने र फैसला सच्याउने कार्यविधिहरु के कस्ता छन् ? / What are the procedures for execution of court judgments and for correction of judgments?
A judgment that is never enforced is an empty victory. And a judgment that contains an error must be capable of correction. So procedural law provides for two things. On the one hand, it provides for the execution of judgments. On the other hand, it provides for their correction.
Execution of judgments (फैसला कार्यान्वयन). Execution is the process by which the winning party obtains the benefit of its decree. This is done through the machinery of the court. In civil matters it is governed by the National Civil Procedure Code 2074. The work is carried out through the court by a decision-execution officer (फैसला कार्यान्वयन अधिकृत). The method depends on the nature of the decree. Suppose the decree awards property or possession. Then execution is by putting the successful party in possession. If necessary, this is done with the help of the authorities. For example, suppose A is declared owner of a house that B withholds. The officer puts A in possession. Suppose instead the decree awards a sum of money, and the judgment-debtor does not pay. Then execution is by attachment of the debtor's property. Where necessary, the property is sold to realise the amount. So if B owes A a decreed sum and refuses to pay, B's land or bank balance may be attached and sold. Suppose the decree requires a party to do or refrain from an act. Then the court can compel compliance. In criminal cases, execution means carrying out the sentence pronounced. This could be realising a fine. Or it could be committing the convict to imprisonment. The court may set time for compliance. It takes coercive steps only where voluntary compliance fails.
Correction of judgments (फैसला सच्याउने). No system of justice is free from error. So the law provides ways to correct a judgment. The principal route is through the higher courts. A party aggrieved by an error of fact or law may take an appeal. The appeal goes to the High Court or, as provided, the Supreme Court. That court may confirm, vary, reverse or remand the decision. In exceptional cases the Supreme Court may review its own decision. Apart from this, a court keeps a power to correct mere clerical, typographical or arithmetical slips in its own judgment. Such obvious errors do not touch the merits. For instance, suppose a decree adds the figures wrongly or misspells a party's name. The court itself can set it right without a full appeal. Through these combined procedures the legal system ensures two things. A judgment is enforced, so that justice is realised. And it is corrected where necessary, so that justice is accurate. Together these give meaning to the decisions of the courts.
फिरादपत्र भन्नाले के बुझिन्छ ? / What is meant by a plaint (Firadpatra)?
A plaint (फिरादपत्र) is the foundational document of a civil suit. It is the written statement by which the plaintiff starts the case. It is the civil counterpart of the FIR and the charge sheet in criminal cases. All three are the lawful starting point of the proceeding. In the plaint the plaintiff sets out the following.
The plaint must be filed in the court having jurisdiction. It must be filed within the period of limitation (हदम्याद). It must carry the proper court fee. A plaint that is defective, undervalued or out of time may be returned or rejected. For example, suppose Sita is wrongfully dispossessed of her land by Ram. She files a plaint. It states her ownership. It states the date and manner of dispossession. It states her prayer for restoration of possession. She values the suit according to the land. She pays the fee on that value. Once the plaint is registered, the court issues a summons (म्याद) to the defendant. The defendant replies by a written statement (प्रतिउत्तर). Issues are framed. The case then proceeds to evidence and judgment. So the plaint both opens the case and fixes its boundaries. The plaintiff must prove what the plaint alleges.
जाहेरी दरखास्त भन्नाले के बुझिन्छ ? जाहेरी दरखास्त किन दिइन्छ ? / What is meant by the First Information Report (FIR)? Why is an FIR filed?
A First Information Report (जाहेरी दरखास्त) is the information given to the police about a cognizable offence. It sets the criminal law in motion. It may be lodged by the victim, a witness or any person with knowledge of the offence. It records the essential facts. These are what offence took place, when and where, and, if known, who committed it. An FIR is filed for several reasons.
For example, suppose a woman's house is broken into at night. She lodges an FIR at the police station the next morning. It describes the break-in and the stolen property. On that basis the police register the case. They begin investigation (तहकिकात). Once the investigation is complete, the next step depends on the evidence. If the evidence discloses an offence, the matter goes to the Government Attorney. The Attorney may file the charge sheet. So the FIR is the criminal counterpart of the civil plaint. It is the lawful beginning of a criminal case.
अभियोगपत्र भनेको के हो ? अभियोगपत्र पेश भएपछिका कार्यविधिहरुका बारेमा वर्णन गर्नुहोस् । / What is a charge sheet? Describe the procedures after the charge sheet is filed. (also: bail and remand)
A charge sheet (अभियोगपत्र) is the formal document by which the state brings a criminal prosecution before the court. It is filed once the investigation is over. Serious offences in Nepal are prosecuted by the state rather than by the victim. The charge sheet is the instrument of that prosecution. It is prepared and filed by the Government Attorney (सरकारी वकिल). Before this, the police register the case on a First Information Report (जाहेरी दरखास्त). They complete the investigation (तहकिकात). They place the file before the Attorney. Suppose the Attorney is satisfied that the evidence discloses an offence. Then the charge sheet is filed in the court having jurisdiction. It sets out the name of the accused. It sets out the facts of the offence. It sets out the specific charge and the law under which it is laid. It sets out the evidence relied on. And it sets out the punishment demanded.
The procedures that follow the filing of the charge sheet carry the case through to decision. First, the court registers the case and takes cognizance of it. The accused is informed of the charge. The accused is supplied with copies of the charge sheet and the evidence. So the accused knows the case to be met. This is a requirement of a fair trial. At this stage the court also decides a crucial question. That is the question of bail or remand. Will the accused remain free on furnishing security (bail, धरौटी)? Or will the accused be kept in detention by order of the court (remand or custody, थुनछेक)? The court decides this according to several factors. These are the gravity of the offence, the strength of the evidence, and the risk of the accused absconding or tampering with evidence. For example, a person charged with a minor offence and settled in the locality may be released on bail. A person charged with a grave offence and likely to flee may be remanded.
The case then proceeds to the trial. The accused is given the chance to respond to the charge. The prosecution and the defence lead and cross-examine their evidence and witnesses. Both sides present their arguments. Throughout, the accused enjoys the protections of a fair trial. These include the presumption of innocence and the right to defence counsel. They come from the National Criminal Procedure Code 2074 and the Constitution of Nepal 2015. Finally the court delivers its judgment. Suppose the charge is not proved beyond reasonable doubt. Then the accused is acquitted. Suppose it is proved. Then the accused is convicted. The court passes the appropriate sentence. The sentence is then executed. For example, take the trial of the robbery. The eyewitness identification and the recovered goods convince the court beyond reasonable doubt. The accused is convicted and sentenced. From that moment they are a convict (कसुरदार) detained to serve the sentence. They are no longer an accused held as a precaution. In this way the charge sheet opens the trial stage. And the procedures that follow carry the criminal case from accusation to final decision.
देवानी कार्यविधि भनेको के हो ? नेपालको सन्दर्भमा देवानी कार्यविधिको प्रभावकारिताको बारेमा मूल्याङ्कन गर्नुहोस् । / What is civil procedure? Evaluate the effectiveness of civil procedure in the context of Nepal. (3+5)
Civil procedure (देवानी कार्यविधि) is the part of procedural law that lays down how civil disputes are brought, conducted and concluded in the courts. Civil disputes concern private rights. These are rights over property, contract, inheritance, family matters and money. Civil procedure supplies the orderly method for them. By it a person claims such a right. And by it the court decides it. In Nepal the subject is governed by the National Civil Procedure Code 2074 (2017). This Code replaced and unified the earlier scattered rules.
Its main stages are well settled. The plaintiff starts the suit by filing a plaint (फिरादपत्र). It is filed in the court having jurisdiction. It is filed within the period of limitation. It carries the required court fee. For example, a buyer has paid for land but not received possession. That buyer files a plaint seeking possession. The court registers the case. It issues summons (म्याद) to the defendant. The defendant files a written statement (प्रतिउत्तर) answering the claim. The matters in dispute are then identified. Both parties lead and cross-examine evidence, documentary and oral. After arguments, the court delivers its judgment. The successful party enforces it through execution of the decree. The Code also encourages settlement through mediation (मेलमिलाप) at a suitable stage. This can resolve the matter without a full contest.
Now let us evaluate its effectiveness in Nepal. A balanced view is needed. On the positive side, the 2074 Code is a modern, unified statute. It simplified and clarified civil procedure. It strengthened court-connected mediation. It set time standards for steps and decisions. It improved case-management. All of these aim at faster and fairer disposal. On the negative side, several problems limit its effectiveness in practice. The courts carry a heavy backlog of cases. This leads to long delays. Repeated adjournments (मुलतवी) stretch cases out. Many litigants have limited legal awareness. They cannot easily navigate the process. And the execution of decrees is often slow. So even a successful party may wait long to realise the fruits of judgment. There are also resource and staffing constraints in the courts. To illustrate, a person may win a decree for recovery of money. That person may still face months of delay in attaching and selling the judgment-debtor's property to actually recover the sum.
In conclusion, civil procedure in Nepal rests on a sound modern framework. That framework is the National Civil Procedure Code 2074. Its design is generally fair and complete. But its effectiveness depends on implementation. That means controlling delay and adjournments. It means improving execution. It means raising legal awareness. It means investing in court capacity. The procedure is good on paper. Closing the gap between the law and its working in practice is the real task.
अदालतमा पालना गर्नुपर्ने कुनै दुई नियमहरु उल्लेख गर्नुहोस् । / Mention any two rules which should be followed in court.
Everyone present in court must follow certain rules of bench decorum. These rules preserve the dignity of the court and the fairness of a hearing. A court can do justice only in an atmosphere of order and solemnity. The important rules are these.
These rules allow the court to function calmly. That is itself a condition of a fair decision.
नेपालका अदालतहरुमा सूचना प्रणालीको प्रयोगको अवस्थाबारे व्याख्या गर्नुहोस् । / Explain the status of the use of information systems (ICT) in Nepalese courts.
The adoption of information and communication technology (ICT) has become a central feature of modern court management. Nepal's judiciary has steadily moved in this direction. The aim is to make the courts faster, more transparent and more accessible to the public. Here ICT means the computer systems, networks and electronic records that register, track and communicate the court's work. This replaces a purely paper-based system. An assessment of the present status shows clear progress alongside real challenges.
On the side of progress, several systems are now in use. The courts have introduced electronic case registration and management systems. By them a case is recorded and tracked from the moment of filing through each stage to final disposal. This helps the courts monitor pendency and manage case flow. The system can show how many cases are pending and how long they have waited. Case information and cause lists have been made available online. So litigants and lawyers can check the status of a case, its next date and the day's cause list without coming to the court. The benefit is concrete. Take a party in a distant district. Once they travelled for a day only to find the tarikh had shifted. Now they can check the date from home. Electronic record keeping has reduced dependence on bulky paper files. It has also reduced the risk of their loss or damage. And video-conferencing and virtual hearings have been used in suitable matters. Their use grew out of the need for remote proceedings. It has allowed hearings to continue even when parties could not be physically present. Together these tools improve efficiency. They cut delay. They reduce some chances for irregularity. And they bring the justice system closer to the people.
On the side of challenges, the picture is uneven. Many courts still face limits of infrastructure and connectivity. This is especially so outside the main centres. There is a continuing need for training of judges and staff. Data security and the reliability of electronic records must be assured. A corrupted or tampered record would be worse than a paper one. And a part of the public and the bar is not yet fully comfortable with digital systems. As a result the benefits of ICT are being realised gradually rather than uniformly across the country.
In conclusion, the status of ICT use in Nepalese courts is one of steady and encouraging development. A solid foundation has been laid. It rests on case-management systems, online information and virtual hearings. But full and even adoption still requires sustained investment. This means investment in infrastructure, training and security. Used well, ICT is a powerful instrument. It can reduce delay and strengthen public confidence in the courts.