NEB Class 12 · Past paper
The complete NEB Class 12 2082 exam paper for Legal Drafting, all 29 questions with solved model answers.
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कानुनी मस्यौदाको परिभाषा दिनुहोस् । / Define legal drafting.
Legal drafting (कानुनी मस्यौदा) means the preparation of a legal document in written form. The document must clearly, accurately and completely express the intention of the law and of the parties. It must also be enforceable. This is a special skill. A legal document is not ordinary prose. Each word may create a right. Each word may impose a duty. Each word may decide a dispute. So a careless phrase can defeat the whole purpose of the document and lead to a court case.
The importance of drafting follows from this. A well-drafted plaint lets a court understand a claim at once. A well-drafted deed of sale transfers property without a later quarrel. A well-drafted contract prevents disputes. It states each party's duties in advance. A badly drafted document does the opposite. It creates confusion. It invites challenge. It may be held void. Consider a loan. A lender may take only a scrap of paper that says "B owes me money." He has almost nothing he can prove. Now compare a proper deed of bond without mortgage (कपाली तमसुक). It records the amount in figures and in words. It records the interest. It records the period of repayment. It carries the borrower's signature before witnesses. This gives the lender a document a court can enforce. So drafting serves certainty. It prevents disputes. It gives legal relationships a dependable written record.
Legal drafting works to settled principles. It demands accuracy and precision in facts, figures and names. It demands clarity through simple and direct language. It demands brevity without loss of completeness. It demands unambiguity, so that each sentence carries one meaning only. It demands completeness, so that no essential matter is left out. It demands a logical sequence of facts and clauses. It demands consistency in the use of terms. It demands the correct legal form and format fixed by law for that kind of document. The drafter must also know the governing substantive law. Only then will the document be valid. Two short examples make this real. A will may leave property "to my son" when the testator has several sons. That is open to dispute. A will that names the son with his address removes the doubt. And a transfer of land that is never registered does not pass clear title, however carefully it is worded.
Drafting is practised in two broad fields. Document drafting prepares the deeds, contracts, petitions and court papers. These pass between individuals, or between the citizen and the state. Legislative drafting prepares bills, acts and rules that bind the whole society. When Nepal enacted the Muluki Civil Code 2074 and the Muluki Penal Code 2074, the drafters had to frame general rules. The rules would apply to every future case, not to named parties. The two fields differ in reader and in generality. But both rest on the same foundation of accuracy and clarity.
In short, legal drafting is the art of saying in writing exactly what the law intends. It is the first step by which legal rights are recorded, claimed and protected. A country's justice system can work only if claims, defences and transactions are put into clear and complete writing. That is exactly what sound drafting achieves.
कानुनी मस्यौदा भनेको के हो ? कानुनी मस्यौदाका आधारभूत सिद्धान्तहरू उल्लेख गर्नुहोस् । / What is legal drafting? Point out the basic principles of legal drafting.
Legal drafting (कानुनी मस्यौदा) is the art of putting a legal matter into writing. The document must be clear, precise, complete and enforceable. Every word in a legal document can create a right or a duty. So the drafter works to a set of well-settled principles. The value of any draft is measured by how faithfully these principles are followed. A document that ignores them is not merely poor writing. It is a legal risk. It may be rejected, challenged or held void.
The first principle is accuracy and precision. The document must state the correct names, addresses, amounts, dates and intentions. A single wrong figure or misdescribed party can defeat it. Take a charge sheet (अभियोगपत्र) as an example. If the accused is misdescribed, the guilty may escape and an innocent person may be troubled. So accuracy here is not a matter of neatness. It is a matter of justice. Closely linked is clarity. The language must be simple and direct. It must be readily understood. A document that a court cannot interpret confidently is a failed document.
The third principle is brevity with completeness. The drafter should use only as many words as the matter requires. Needless repetition and surplus should be avoided. But nothing essential may be left out. This leads to the principle of completeness. Every necessary element must be present. These are the parties, the subject matter, the consideration, the terms and conditions, the date and the signatures. A gap leaves the document open to challenge. A sale deed that forgets to record that the price was received is incomplete. A plaint that omits the relief claimed is incomplete. Either may fail.
A fourth principle is unambiguity. Each sentence must bear only one reasonable meaning. Vague or double-meaning words are the commonest source of litigation. So the drafter must test every clause for other readings and remove them. Here are two examples. A deed may say the land is sold "with the trees" without saying which trees. A will may leave property "to my son" where there are several sons. Each invites a dispute that careful wording would have prevented. The fifth principle is logical arrangement and consistency. Facts and clauses should follow a natural, orderly sequence. A plaint should move from the cause of action to the relief. The same term must be used for the same thing throughout. The drafter should never switch words for the same idea.
Finally, drafting requires the correct legal form and a sound knowledge of the governing law. Each kind of document has a prescribed form. A plaint, a deed of sale and a power of attorney each have their own form. The drafter must follow it. The document must also comply with the substantive law that makes it valid. Under Nepali law, for example, the transfer of immovable property must be by a written deed. That deed must be registered in the Land Revenue Office. A sale written out perfectly but never registered does not pass clear title. The Muluki Civil Code 2074 governs contracts, property and partition. Knowledge of it is therefore as much a part of good drafting as command of language.
Taken together, these principles make a draft that is accurate, clear, complete and enforceable. That is the whole aim of legal drafting. They are not mere counsels of style. Each one exists because its breach has, in practice, defeated documents and caused avoidable litigation. The careful drafter keeps every one of them in view.
कानुनी लिखतको मस्यौदाकारमा हुनुपर्ने कुनै दुई गुणहरू लेख्नुहोस् । / Write any two qualities that the legal draftsperson should possess.
A competent legal draftsperson (मस्यौदाकार) combines several qualities. Drafting demands both legal judgment and skill with words. The main qualities are these.
Here is an example. A drafter preparing a loan deed (कपाली तमसुक) must know the law of loans. The drafter must write the amount clearly in figures and in words. The drafter must check every detail. The drafter must set out only what the deed needs. These qualities together make the document valid, clear and dependable. That is the purpose of drafting.
मुलुकी देवानी कार्यविधि संहिता दफा २८ को उपदफा (१) स्पष्टीकरणमा लिखतलाई कसरी उल्लेख गरिएको छ ? / How is the 'Deed' in the Explanation to sub-section (1) of section 28 of the National Civil Procedure Code, 2074 (2017) stated?
The National Civil Procedure Code 2074 (2017) has a provision on filing cases. It uses the word deed (लिखत) in a wide sense. The Explanation makes clear that for this purpose a "deed" is not limited to ordinary transaction documents. It also takes in the formal papers through which a civil matter is begun or defended before a court. These are the plaint (फिरादपत्र) and the written response or rejoinder (प्रतिउत्तरपत्र). They also include other petitions, applications and appeals filed in the proceedings.
The purpose of this wide meaning is practical. It makes clear that all of these documents must satisfy the law's requirements. Not just deeds of sale or loan, but court papers too. Each must have the correct form. Each must have complete content. Each must be filed in time, within the limitation period (हदम्याद). The effect can be seen in an example. A plaintiff may file his plaint after the limitation has run. Or he may leave out an essential matter, such as the relief claimed. The plaint can then be rejected. This is just like a defective transaction deed being refused registration. In both cases the paper is treated as a "deed" that has failed to meet the law's requirements.
For a draftsperson the lesson is clear. A plaint or a rejoinder is a "deed" in the eyes of the Code. It must be prepared with the same accuracy, form and completeness as any registered transaction document. Carelessness in a court paper carries the same legal risk as carelessness in a deed of sale. In both cases the risk is loss of the claim or the defence. That is why the wide meaning is worth remembering.
(Flagged for review: the exact wording of the Explanation to section 28(1) should be checked against the authentic text of the Code before publishing; the answer describes its effect without quoting a verbatim statutory sentence.)
Q2 / Q11. जाहेरी दरखास्त कुन निकाय समक्ष पेश गरिन्छ ? जाहेरी दरखास्तमा खुलाउनुपर्ने कुराहरू के के हुन् ? / Where is the First Information Report submitted, and what must it state?
The First Information Report (जाहेरी दरखास्त) is the first written complaint that brings a crime to the notice of the authority. It is normally submitted before the Police Office (प्रहरी कार्यालय) of the place where the offence happened. Its importance is great. Under the National Criminal Procedure Code 2074 it is the starting point of the criminal justice process. It is the earliest official record of the crime. The police begin their investigation on the basis of it. Everything that follows is built on this first record. This includes the investigation, the charge sheet and the trial. So it must be drafted with care.
Because so much follows from it, the FIR must disclose certain essential matters. It must identify the complainant (जाहेरवाला) by name, address and age. It must name or describe the accused so far as known. The object of the report is to set the law on the right person. It must set out the facts of the offence fully and in order. These are the date, time and place. It must give a clear account of what happened and how it was done. It must give the sequence of events. Then the police understand exactly what is alleged. It should name the persons present and any witnesses. The investigation will need their statements. It should state the loss, injury or damage suffered. It should list the evidence the complainant can point to. It should end with a clear request that the matter be investigated and the offender punished according to law. This is followed by the oath that the contents are true, the signature and the date.
Consider a worked example. Suppose someone breaks into Rambahadur's house at Kathmandu ward number ten at midnight. He carries off cash and gold ornaments. A neighbour sees a person fleeing. A well-drafted FIR will name Rambahadur as जाहेरवाला, with his address and age. It will name or describe the suspected person. It will fix the night and the time. It will describe how the window was broken and the house entered. It will name the neighbour as a witness. It will list the stolen articles in a schedule. Then it will ask for investigation and action. On that record the police can at once begin a focused inquiry.
A well-drafted FIR gives the police a clear and reliable foundation for investigation. It also protects the complainant. A vague or incomplete FIR can weaken the whole case. This is because the charge sheet and the evidence at trial all trace back to it. So the FIR must be drafted with great care. It needs accuracy, completeness and clear sequence, just like any formal court document. This is true even though it is filed at a police office and not in a court.
जाहेरी दरखास्तको ढाँचा तयार पार्नुहोस् । / Prepare a sample of the First Information Report (FIR).
A drafted FIR follows the standard court format. It is addressed to the Police Office with jurisdiction. It names the complainant and the accused. It sets out the facts fully and in order. It lists the witnesses and the loss. It makes the request for investigation. It closes with the oath, the signature and the date. A fuller sample in the correct Nepali form (placeholder names):
श्री इलाका प्रहरी कार्यालय,
काठमाडौं महानगरपालिका, वडा नं. १० ।
विषय: चोरीको जाहेरी दरखास्त ।
जाहेरवाला: रामबहादुर श्रेष्ठ, बाबुको नाम: कृष्णबहादुर श्रेष्ठ, काठमाडौं महानगरपालिका
वडा नं. १०, टोल: ..........., उमेर ४० वर्ष, पेसा: व्यापार ।
प्रतिवादी (अभियुक्त): हरिबहादुर तामाङ (थाहा भएसम्म), काठमाडौं वडा नं. ...... बस्ने, र निजसँग
मिलेका अन्य नखुलेका व्यक्तिहरू ।
महोदय,
म माथि उल्लिखित जाहेरवाला, काठमाडौं महानगरपालिका वडा नं. १० स्थित आफ्नै घरमा परिवारसहित
बसोबास गर्दै आएको छु । मिति २०८२ साल असार १५ गते राति करिब १२:०० बजेको समयमा सबै सुतिसकेपछि,
कसैले घरको पछाडिपट्टिको झ्यालको ग्रिल फोरी, झ्याल उघारी घरभित्र प्रवेश गरी, भुइँतलाको कोठामा
राखिएको दराजको ताल्चा तोडी तपसिलमा उल्लिखित नगद तथा गरगहना चोरी गरी लगेको रहेछ । बिहान उठ्दा
झ्याल फोरिएको र दराज खुला अवस्थामा भेटी सामान हराएको थाहा पाएँ ।
घटनाको विवरण देहायबमोजिम छ:
१. मिति, समय र स्थान: २०८२ असार १५ गते राति करिब १२:०० बजे, काठमाडौं महानगरपालिका वडा नं. १०
स्थित जाहेरवालाको निजी घर ।
२. घटनाको प्रकृति: झ्यालको ग्रिल फोरी घरभित्र पसी दराजको ताल्चा तोडी नगद र गरगहना चोरी ।
३. शंकास्पद व्यक्ति: हरिबहादुर तामाङ, जो विगतमा पनि यस टोलमा यस्तै गतिविधिमा देखिएका थिए ।
४. प्रत्यक्षदर्शी / साक्षी: (क) सीतादेवी श्रेष्ठ, छिमेकी, काठमाडौं वडा नं. १० बस्ने; (ख) गोपाल
श्रेष्ठ, छिमेकी, काठमाडौं वडा नं. १० बस्ने ।
५. नोक्सानी: तपसिलबमोजिम ।
तपसिल (चोरी भएका सामान):
(क) नगद रु. ५०,०००।- (अक्षरेपी पचास हजार रुपैयाँ) ।
(ख) सुनको सिक्री १ थान, अनुमानित तौल ...... तोला, अनुमानित मूल्य रु. ................... ।
(ग) सुनको औंठी २ थान, अनुमानित मूल्य रु. ................... ।
माग दाबी:
माथि उल्लिखित घटनाको छानबिन गरी, चोरी भएका सामान बरामद गराई, दोषी उपर प्रचलित कानुनबमोजिम
कारबाही गरी न्याय दिलाइपाउँ भनी यो जाहेरी दरखास्त पेस गर्न आएको छु ।
माथि लेखिएको व्यहोरा ठीक साँचो हो, झुट्टा ठहरे कानुनबमोजिम सहुँला बुझाउँला ।
जाहेरवालाको नाम: रामबहादुर श्रेष्ठ
सहीछाप: ..................
सम्पर्क नं.: ..................
मिति: २०८२ साल असार १६ गते रोज ...... शुभम् ।
Explanation of the parts. The draft opens with the addressee. This is the Police Office that has jurisdiction over the place of the offence. Under the criminal procedure the FIR must be filed where the crime happened. The subject line (विषय) names the offence at a glance. The document then identifies the complainant (जाहेरवाला). It gives his full particulars: name, father's name, address, age and occupation. So there is no doubt who is reporting. It then names or describes the accused. The report must point the law at a person. The narrative states the facts fully and in order. It tells how the house was entered and the theft committed. So the police grasp exactly what is alleged. The numbered घटनाको विवरण restates the key facts. These are the date, time and place, the nature of the offence, the suspect and the witnesses. They are in an orderly form the police can act on. The schedule (तपसिल) lists the loss item by item. This matters both for the investigation and for any later recovery. The माग दाबी (prayer) makes the formal request. It asks for investigation, recovery and action against the offender. Finally the standard oath says the contents are true. The signature (सहीछाप) and the date (मिति) complete the document. These are exactly the matters an FIR must contain. They are arranged in the order the police expect. The fuller the first record, the stronger the investigation that follows.
Q2 / Q15. फिरादपत्र लेख्दा खुलाउनुपर्ने कुराहरू के के हुन् ? फिरादपत्र र अभियोगपत्र किन तयार गरिन्छ ? / What must a plaint disclose, and why are plaints and charge sheets prepared?
A plaint (फिरादपत्र) and a charge sheet (अभियोगपत्र) are the two documents that formally begin cases in court. The plaint begins a civil matter. The charge sheet begins a criminal matter. Both are prepared so that proceedings can start on a clear and complete statement of the case. Under the National Civil Procedure Code 2074 the civil case begins with the registration of the plaint. The criminal case begins with the registration of the charge sheet. So each is the foundation stone of its case.
A plaint is prepared by a plaintiff to begin a civil case. It is needed because a court cannot act on its own. Someone with a grievance must bring the claim before the court in a proper written form. The plaint must disclose who the parties are, with their names, addresses and ages. It must state the facts that give rise to the claim, in a clear numbered order. It must state the cause of action and when it arose. It must state the relief sought and its value. It must state the ground of the court's jurisdiction. And it must show that the suit is within the time limit (हदम्याद). For example, Haribahadur has not repaid a loan of Rs. 2,00,000. To recover it, Rambahadur's plaint must state the loan and its date. It must state the default. It must claim the amount with interest. It must state the court's jurisdiction. It must show that the suit is in time. Careful preparation matters. The court and the defendant both act on what the plaint says. A vague or incomplete plaint may be rejected. One filed out of time may fail.
A charge sheet is prepared by the government, through the public prosecutor, to begin a criminal case after the police investigation. It is needed because the state prosecutes crime, not the victim. It must place before the court a clear accusation that the accused can answer. The charge sheet states the details of the accused. It states the offence, with its date, time and place. It states the facts and evidence gathered in the investigation. It states the specific law and offence charged. It states the punishment demanded. Take the burglary example. The police investigate Rambahadur's FIR. The prosecutor then files a charge sheet. It names the accused. It describes the break-in. It lists the recovered articles and witnesses. It charges theft. It demands the punishment the law provides.
Both documents are prepared for the same underlying reason. A case can be tried fairly only if it begins with an accurate, complete and clearly framed statement of what is alleged. The plaint frames the civil dispute and fixes the relief claimed. The charge sheet frames the criminal accusation and fixes what the accused must answer. In each, the court's procedure formally begins with the filing of that document. The issues the court will try are drawn from it. The opposite party prepares his defence against it. So careful drafting of both is essential to the administration of justice. A defect in the starting document can defeat an otherwise good case. Or it can let a guilty person escape.
प्रतिउत्तरपत्र (लिखित जवाफ) भन्नाले के बुझिन्छ ? यसमा उल्लेख गर्नुपर्ने कुराहरू के के हुन् ? / What is the written response (statement of defence) and what must it state?
The written response (प्रतिउत्तरपत्र) is the document the defendant files in answer to the plaintiff's plaint. It is also called the statement of defence. The defendant files it after he has been summoned, within the time the law allows. By it he meets the claim and tells the court his side. So the court can see exactly what is in dispute and frame the issues it must decide. The matters it should state are the following.
First, the parties and the case: the names of the plaintiff and defendant and a reference to the plaint being answered. Second, admissions and denials: a point-by-point reply. It admits the facts that are true and denies those that are disputed. This narrows the real controversy. Third, the defendant's own version of the facts, with the circumstances he relies on. Fourth, any legal objection. For example, that the claim is time-barred (हदम्याद नाघेको). Or that the court lacks jurisdiction. Or that the plaint is defective. Fifth, the evidence the defendant relies on, and the relief sought, usually the dismissal of the claim. It ends, like a plaint, with the oath that the contents are true, the signature and the date.
Here is an example. Suppose Rambahadur sues Haribahadur for Rs. 2,00,000. But Haribahadur has in fact repaid Rs. 1,00,000. His rejoinder will admit the loan. It will deny that the full amount is owed. It will plead the part-payment. And it will point to the receipt he holds. This at once tells the court that only the balance is genuinely in dispute. A clear rejoinder is important. It fixes the real points of dispute that the court will decide. A confused or evasive one leaves the defendant exposed on points he could have met.
Q3 / Q15. वारेसनामा किन उपयोगी छ ? साधारण वारेसनामा र अधिकृत वारेसनामाबीच के फरक छ ? / Why is a power of attorney useful, and how do an ordinary and an authorised power of attorney differ?
A power of attorney (वारेसनामा) is a document that lets one person act for another. The person who gives the power is the principal. The person who receives it is the attorney (वारेस). Its importance lies in a simple fact. A person cannot always be present to handle his own affairs. Distance, illness, old age, absence abroad or pressure of other work may prevent him from appearing in court or completing a transaction. The power of attorney lets a trusted person act lawfully in his place. So his case is not lost and his business is not delayed for want of his presence. It saves time and cost. It lets one person manage several matters through agents. And whatever the attorney does within the authority given is legally binding on the principal.
Here is an example. Suppose Rambahadur has a lending case pending in the district court. He must travel abroad for employment for a year. If he cannot appear and take dates, his case may suffer or be lost. So he makes a power of attorney in favour of his brother. This authorises the brother to appear, file documents, argue and take dates in that case. Whatever his brother lawfully does within that authority binds Rambahadur, as if he had done it himself.
Powers of attorney are of two main kinds. A general or ordinary power of attorney (साधारण वारेसनामा) lets the attorney do a range of ordinary acts for the principal. For example, to look after his affairs generally or conduct his routine dealings. Its scope is broad. But it is used for ordinary matters. An authorised or special power of attorney (अधिकृत वारेसनामा) is given for a particular act or a specific case. For example, to conduct one named lawsuit or to execute one particular deed. It is often required to be certified or authenticated by the competent authority before the attorney may act on it. So the differences are these. They differ in scope: general acts versus one specific act. They differ in purpose: routine management versus a particular task. They differ in formality: the authorised power usually needs certification. A fuller model authorised power of attorney in the correct Nepali form, with placeholder names:
वारेसनामा
म, काठमाडौं महानगरपालिका वडा नं. १० बस्ने, बाबुको नाम कृष्णबहादुर श्रेष्ठ भएको रामबहादुर
श्रेष्ठ, उमेर ४५ वर्षको व्यक्तिले, हाल रोजगारीको सिलसिलामा विदेश जानुपर्ने भई श्री जिल्ला अदालत,
काठमाडौंमा विचाराधीन तल उल्लिखित मुद्दामा आफू स्वयं उपस्थित हुन नसक्ने भएकोले, तल उल्लिखित
कामकारबाहीका लागि, काठमाडौं महानगरपालिका वडा नं. १० बस्ने, बाबुको नाम कृष्णबहादुर श्रेष्ठ भएको
मेरो दाजु हरिबहादुर श्रेष्ठ, उमेर ३८ वर्षलाई मेरो तर्फबाट वारेस नियुक्त गरी यो वारेसनामा गरिदिएको छु ।
अख्तियारीको विषय (मुद्दाको विवरण):
वादी रामबहादुर श्रेष्ठ, प्रतिवादी सीताराम श्रेष्ठ भएको लेनदेन मुद्दा, श्री जिल्ला अदालत,
काठमाडौंमा विचाराधीन ।
दिइएको अधिकार:
१. उक्त मुद्दामा मेरो तर्फबाट अदालतमा उपस्थित भई बहस पैरवी गर्ने ।
२. आवश्यक लिखत, प्रमाण र निवेदन पेस गर्ने तथा झिकाउने ।
३. तारेख गुजार्ने र तारेख भरपाई गर्ने ।
४. मुद्दासँग सम्बन्धित अन्य आवश्यक कानुनी कामकारबाही गर्ने ।
निज वारेसले उक्त अधिकारभित्र रही गरेको सम्पूर्ण कामकारबाही मैले स्वयं गरेसरह मलाई मन्जुर
हुनेछ, सो उपर मेरो कुनै उजुरबाजुर रहने छैन । यो वारेसनामा मैले होसहवासमा, कसैको करकाप वा
झुक्यानविना, राजीखुसीले गरी दिएँ ।
वारेस दिने (अख्तियारवाला): रामबहादुर श्रेष्ठ - सहीछाप
वारेस लिने (वारेस): हरिबहादुर श्रेष्ठ - सहीछाप
साक्षी: १. गोपाल श्रेष्ठ, काठमाडौं वडा नं. १० - सहीछाप
२. सीतादेवी श्रेष्ठ, काठमाडौं वडा नं. १० - सहीछाप
लेखक: ..........................
मिति: २०८२ साल ...... महिना ...... गते रोज ...... शुभम् ।
In short, a power of attorney is useful because it lets someone be represented when the principal cannot act in person, as when Rambahadur goes abroad. And the ordinary and authorised forms differ in their scope, their purpose and the formality the law requires for each.
Q3 / Q15. मिलापत्र (मेलमिलाप) भनेको के हो ? यो किन आवश्यक हुन्छ ? / What is a compromise (and mediation), and why is it necessary?
A compromise (मिलापत्र) is the document by which the parties to a dispute settle it by their own agreement. They settle it on terms they both accept. They then submit that settlement to the court. The court disposes of the case in accordance with it. It is closely connected with mediation (मेलमिलाप). In mediation a neutral third person helps the parties talk and reach such an agreement. An application for compromise is the request the parties make to the court. They ask it to record their settlement and end the case on its terms. The National Civil Procedure Code 2074 and Nepal's mediation practice encourage such amicable settlement at every stage of a civil case.
A compromise is necessary, and is encouraged, for several reasons. First, it ends the dispute quickly. Litigation can take years, through trial and appeal. A compromise closes the matter at once. Second, it saves cost and effort for the parties. It also reduces the burden on the courts. The courts can then give their time to cases that genuinely need a decision. Third, it produces a settlement the parties themselves accept. So it is more likely to be obeyed. It leaves less bitterness than a judgment imposed on an unwilling loser. Fourth, in many relationships a compromise preserves the relationship. This matters among family members, neighbours or business partners. A hard-fought lawsuit would destroy that bond. Fifth, it gives a certain and immediate result. It avoids the risk and delay of an uncertain judgment and a possible appeal.
A concrete example shows the point. Suppose two brothers, Rambahadur and Haribahadur, quarrel over a narrow strip of land between their houses. The dispute reaches the district court. With the help of a mediator, they agree that one brother keeps the strip and pays the other its value. They record this as a मिलापत्र and file it. The court disposes of the case on those terms. The land dispute is over in a day instead of years. The brothers remain on speaking terms. Both avoid the cost and anxiety of a long trial. Had the case been fought to judgment, one brother would have won and the other lost. The family bond might have been destroyed.
For these reasons the law treats compromise and mediation as valuable ways of settling disputes. A compromise once recorded by the court has the effect of ending the case. To serve its purpose, a compromise deed must clearly name the parties and the case. It must state the agreed terms precisely. It must be signed by both sides before the court. Then there is no later doubt about what was settled. And the settlement itself cannot become a fresh source of dispute.
Q4 / Q15. फैसला कार्यान्वयनको निवेदन कहाँ दिनुपर्छ ? फैसला र पुनरावेदनबीच के फरक छ ? / Where is an application for execution of a decision filed, and how do a judgment and an appeal differ?
A judgment (फैसला) and an appeal (पुनरावेदन) are related but different stages in a case. The difference is best seen by looking at what each one is and does. This works under the court system set up by the Constitution of Nepal 2015 and the procedure codes.
A judgment is the final, reasoned decision of a court on the case before it. The court hears the claim and the defence. It examines the evidence. It frames the issues. Then it decides who is right and makes its order. A judgment draft records the parties. It gives a summary of the claim and defence. It states the issues. It gives the findings on the evidence. It gives the court's reasoning. It states the final order with its legal basis. In short, the judgment is the court's own decision on the dispute. For example, the district court tries Rambahadur's loan suit. It may find the loan proved. It then orders Haribahadur to pay the amount with interest. That order is the judgment.
An appeal is a challenge to that judgment. A party who is not satisfied with it files the appeal. He files it before the higher court, within the time limit fixed by law. In the appeal he asks the higher court to re-examine the decision. He asks it to correct the decision, in whole or in part. The ground is that the lower court erred in its finding of fact or its use of law. So the appeal is not a fresh case. It is a review of the decision already given. Suppose Haribahadur believes the district court wrongly weighed his receipt of part-payment. He may then appeal to the High Court, which will re-examine that question.
The differences follow from this. A judgment is a decision. An appeal is a challenge to that decision. A judgment is given by the court that tried the case. An appeal is decided by the higher court in the hierarchy. The High Court sits over the district court. The Supreme Court sits over the High Court. A judgment ends the proceedings in that court. An appeal re-opens the matter in a higher forum. A judgment is made after a full trial on all the issues. An appeal is confined to the errors alleged against the judgment. A judgment is the court's first decision. An appeal is a corrective second look.
Yet the two are parts of the same system. They serve a common end. The judgment decides the dispute and gives the parties certainty. The appeal provides the means to correct a wrong decision. So justice is done at both levels. No party is bound by an error that a higher court can put right. The right of appeal is itself a safeguard of fair justice. It ensures that a single court's mistake is not the last word. Together, the carefully reasoned judgment and the orderly appeal give the legal system both finality and the power to correct itself.
बेरितको आदेश बदर गर्ने निवेदनका सम्बन्धमा समीक्षा गर्नुहोस् । / Review the petition for quashing an irregular (illegitimate) order.
A petition to quash an irregular order (बेरितको आदेश बदर गर्ने निवेदन) is a document. By it a party asks the competent court to set aside an order. The order is one that was made contrary to law or to the proper procedure. The word "beret" (बेरीत) means irregular, that is, against the prescribed procedure. An order made in this way is defective. So the law lets the affected party challenge it, rather than suffer an unlawful order to stand. This reflects a basic principle of the rule of law under the Constitution of Nepal 2015. Public and judicial authorities must act according to law and fair procedure. And their departures from law can be corrected.
Such a petition is reviewed, and must be drafted, with attention to several matters. It must identify the petitioner and his interest in the matter. It must identify the order complained of, with its date and the body or court that made it. Then the court knows exactly what is challenged. It must state the facts leading to the order, so the context is clear. Above all it must set out the ground of irregularity. This is precisely how the order was made contrary to law or procedure. Common grounds are these. The order was passed without jurisdiction. Or it was passed without hearing the party affected. This breaches the principle that no one should be condemned unheard. Or it was passed in breach of a mandatory procedural requirement. The petition must then state the relief sought. This is that the order be quashed. Where appropriate, it asks that the matter be decided afresh in the proper way. It is signed and dated and filed within any time limit that applies.
A concrete example makes the point. Suppose a court or a public office passes an order against Rambahadur. For instance, it strikes out his claim, or cancels a registration in his name. And it does this without ever giving him notice or a chance to be heard. That order is irregular. It was made in breach of the basic rule of a fair hearing. Rambahadur may file a petition. It identifies himself and the order. It states that the order was passed behind his back. It pins the irregularity on the denial of a hearing. It prays that the order be quashed and the matter reheard, with notice to him. If he shows the irregularity clearly, the court will set the order aside.
The significance of this remedy is twofold. It upholds the rule that authorities must keep within law and procedure. And it gives the citizen a drafted means to resist an unlawful order, rather than simply endure it. Sometimes a serious illegality touches a constitutional or fundamental right. Or no other adequate remedy is available. In such a case the affected person may instead move the Supreme Court or a High Court. He does so by a writ petition (रिट निवेदन), under the writ jurisdiction recognised by the Constitution of Nepal 2015. In either form the underlying idea is the same. An order made in breach of law does not truly bind. And the law provides a drafted petition by which it can be challenged and set aside. A carefully drafted petition is essential. It must pin down exactly where the irregularity lies. The court will quash the order only on a clearly shown ground of illegality. A petition that merely expresses dissatisfaction, without identifying the legal flaw, will fail.
व्यक्तिगत कारोबारमा प्रयोग हुने कुनै दुई लिखतको नाम लेख्नुहोस् । / Name any two private transaction documents.
Two documents used in private transactions are the sale deed (राजीनामा) and the loan deed / deed of bond without mortgage (कपाली तमसुक). (Others include the mortgage deed भोगबन्धी, the partition deed अंशबण्डा and the will वकसपत्र.)
Q5 / Q7 / Q16. कपाली तमसुक भन्नाले के बुझिन्छ ? यसमा आवश्यक पर्ने तत्त्वहरू के के हुन् ? रु. ४५,००० को एउटा कपाली तमसुकको नमुना तयार गर्नुहोस् । / What is a deed of bond without mortgage, what does it require, and draft a sample for Rs. 45,000?
A deed of bond without mortgage (कपाली तमसुक) records a money loan. The borrower gives a personal promise to repay. No property is pledged as security. It is one of the commonest private transaction documents in Nepal. People use it whenever they borrow from a neighbour, a relative or a local moneylender on trust alone. Its importance lies in that absence of security. The lender has no mortgage to fall back on. So the deed itself is his main protection. A loose or incomplete तमसुक can leave him unable to recover his money if the borrower later denies the debt.
For this reason the deed must state every essential matter clearly. It must name the borrower (ऋणी) and the lender (साहू) with their names, addresses and ages. Then there is no doubt who owes whom. It must record the amount borrowed both in figures and in words. Then the sum cannot be altered. It must fix the rate of interest and the period of repayment. Then the lender's return and the due date are certain. It must carry the borrower's promise to repay the principal with interest. It must also carry his consent to lawful recovery on default. That consent lets the lender pursue a legal remedy. It must close with the signatures of the borrower and the witnesses and the date. The citizenship copies are commonly attached as supporting proof.
Consider a simple example. रामबहादुर borrows Rs. 45,000 from सीताराम for a household need. He signs a तमसुक. He promises to repay within one year with interest. If he repays on time, the deed is returned or cancelled. But suppose he refuses. Then सीताराम can produce the तमसुक. It states the amount, the interest, the due date and the borrower's own signature before witnesses. That is the foundation of a recovery claim. Without such a deed सीताराम would have little to prove the loan at all. A sample for Rs. 45,000, in the correct Nepali form (placeholder names):
कपाली तमसुक
लिखितम् काठमाडौं महानगरपालिका वडा नं. ५ बस्ने, श्री जयबहादुर श्रेष्ठको छोरा
रामबहादुर श्रेष्ठ, उमेर ३५ वर्ष (ऋणी) ।
मैले आफ्नो घरायसी आवश्यकताका लागि काठमाडौं महानगरपालिका वडा नं. ५ बस्ने सीताराम
श्रेष्ठ, उमेर ४५ वर्ष (साहू) सँग आजका मितिमा नगद रु. ४५,०००।- (अक्षरेपी पैँतालिस हजार
रुपैयाँ मात्र) ऋण लिई नगदै बुझी लिएँ ।
उक्त साँवा रकममा वार्षिक १२ प्रतिशतका दरले ब्याज लाग्ने गरी, आजका मितिले एक वर्षभित्र
साँवा ब्याजसहित एकमुष्ट फिर्ता बुझाउने छु । तोकिएको अवधिभित्र साँवा ब्याज नबुझाएमा मेरो
हक भोगको जायजेथा तथा आम्दानीबाट कानुनबमोजिम साँवा ब्याजसमेत असुलउपर गरी/गराई लिन मेरो
मन्जुरी छ । यो कपाली तमसुक मैले कसैको करकाप नपरी होसहवासमा राजीखुसीले बुझी सकी गरिदिएँ ।
ऋणी (सही गर्ने): रामबहादुर श्रेष्ठ - सहीछाप
साक्षी: १. हरिबहादुर श्रेष्ठ, काठमाडौं वडा नं. ५ - सहीछाप
२. गोपाल श्रेष्ठ, काठमाडौं वडा नं. ५ - सहीछाप
लेखक: कृष्णप्रसाद श्रेष्ठ - सहीछाप
संलग्न कागजात: ऋणी र साहूको नागरिकताको प्रतिलिपि, साक्षीहरूको नागरिकताको प्रतिलिपि ।
इति सम्वत् २०८२ साल ... महिना ... गते रोज ... शुभम् ।
Explanation of the parts. The deed opens with the word लिखितम्. Then comes the borrower's full identity: his ward, his father's name and his age. This fixes exactly who is bound. The recital records the purpose of the loan. It also records the receipt of the amount in figures and in words. So the sum cannot be disputed or altered. The next clause fixes the interest and the repayment period. This makes the lender's return and the due date certain. The borrower then gives his promise to repay. He also gives his consent to lawful recovery from his property on default. That clause gives the lender his remedy. The free-will declaration (राजीखुसी) shows there was no force. This guards the deed against a later challenge. Finally come the signatures of the borrower, the witnesses (साक्षी) and the scribe (लेखक). Then come the list of attached documents and the इति date line. Together these complete and authenticate the deed. These are exactly the matters a loan deed must contain to protect the lender.
राजीनामाको लिखत किन गरिन्छ ? राजीनामा लिखतको एउटा नमुना तयार गर्नुहोस् । / Why is a deed of transfer of ownership (sale deed) made, and prepare a sample.
A sale deed or deed of transfer of ownership (राजीनामा) transfers the ownership of property from the seller to the buyer in return for a price. The property is usually land or a house. The deed records that transfer in a clear and legally valid written form. It is one of the most important private transaction documents. It deals with immovable property. Such property is often a family's most valuable asset. Its ownership must be certain for years to come.
The sale deed is necessary for several connected reasons. First, the transfer of immovable property is too serious to rest on word of mouth. An oral understanding leaves the ownership uncertain. It invites disputes. So the law requires a written and registered deed. Second, the deed fixes exactly what was sold, for how much, and to whom. Then neither party can later deny the terms. Third, the deed is registered in the Land Revenue Office (मालपोत कार्यालय). The holding is then mutated (दाखिल खारेज). This changes the ownership in the public record. Then third persons too can rely on it. These include future buyers, lenders and the state. Fourth, the deed protects both parties. The buyer gets secure title. The seller gets a written acknowledgement that the price was received and that he has parted with his rights.
The importance is clearest when something goes wrong. Suppose रामबहादुर sells his Lalitpur plot to हरिबहादुर. But they record nothing. Later रामबहादुर sells the same plot to a third person. Or his heirs claim it after his death. Now हरिबहादुर has little to prove his purchase. Compare a registered राजीनामा. With it, the land records themselves show हरिबहादुर as owner. The earlier deed defeats any such double dealing. This is why the Muluki Civil Code 2074 treats a registered deed as the proper mode of transferring ownership of immovable property. A sample in the correct Nepali form (placeholder names and figures):
राजीनामाको लिखत
लिखितम् काठमाडौं महानगरपालिका वडा नं. ५ बस्ने, श्री जयबहादुर श्रेष्ठको छोरा
रामबहादुर श्रेष्ठ, उमेर ४० वर्ष (बिक्रेता) ।
मैले आफ्नो हक भोग र स्वामित्वमा रहेको, तल तपसिलमा उल्लिखित जग्गा, ललितपुर महानगरपालिका
वडा नं. ७ बस्ने हरिबहादुर श्रेष्ठ, उमेर ३८ वर्ष (खरिदकर्ता) लाई मु. रु. ५०,००,०००।- (अक्षरेपी
पचास लाख रुपैयाँ मात्र) मा बिक्री गर्ने कुरा मन्जुर भई, सो रकम आजका मितिमा निजबाट नगदै बुझी
लिई, उक्त जग्गाको हक, भोग र स्वामित्व निज खरिदकर्तालाई छाडी यो राजीनामाको लिखत गरिदिएँ ।
आजका मितिदेखि उक्त जग्गामा मेरो वा मेरा हकवाला, नाता, कुटुम्बको कुनै हक, दाबी वा सरोकार
नरहने भई, निज खरिदकर्ताले आफ्नो नाममा दाखिल खारेज गराई हक कायम गरी, जोत, भोग, बिक्री जे गर्न
पनि पाउने छन् । उक्त जग्गा अरू कसैलाई बिक्री, बन्धक वा दान बकस नगरेको हो; कुनै रोक्का वा
विवाद भएमा म बिक्रेता आफैँ बुझाउने छु । यो लिखत मैले कसैको करकाप नपरी होसहवासमा राजीखुसीले
गरी दिएँ ।
तपसिल (बिक्री भएको जग्गा):
जिल्ला ललितपुर, ... महानगरपालिका वडा नं. ७, कित्ता नं. ....., क्षेत्रफल ..... ;
चार किल्ला - पूर्व: ....., पश्चिम: ....., उत्तर: ....., दक्षिण: ..... ।
बिक्रेता: रामबहादुर श्रेष्ठ - सहीछाप
खरिदकर्ता: हरिबहादुर श्रेष्ठ - सहीछाप
साक्षी: १. गोपाल श्रेष्ठ, ललितपुर वडा नं. ७ - सहीछाप
२. सीता श्रेष्ठ, काठमाडौं वडा नं. ५ - सहीछाप
लेखक: कृष्णप्रसाद श्रेष्ठ - सहीछाप
इति सम्वत् २०८२ साल ... महिना ... गते रोज ... शुभम् ।
Explanation. The deed opens with लिखितम् and the seller's full identity. It then names the buyer. It records the price in figures and words and that it was received. This proves the consideration passed. The operative clause records that the seller gives up all his rights. It also records that the buyer may mutate the holding and hold it as owner. That is the heart of a transfer. The next clause adds the seller's warranty. He warrants that the land is free of any charge and is not already sold or mortgaged. He promises to clear any defect. This protects the buyer's title. The free-will declaration guards against a later claim of force. The schedule (तपसिल) identifies the land by district, plot number, area and four boundaries (चार किल्ला). So exactly which plot was sold is beyond doubt. The signatures of the parties, the witnesses and the scribe, and the इति date line, authenticate the deed. In practice the deed is then registered at the मालपोत कार्यालय. These are the essential parts that make a sale deed complete and valid.
भोगबन्धी लिखतको आवश्यकता औल्याउँदै एउटा नमुना तयार पार्नुहोस् । / Pointing out its necessity, prepare a model deed of usufructuary mortgage.
A usufructuary mortgage deed (भोगबन्धी लिखत) is made when an owner needs money but does not wish to sell his land. Instead he hands the land to the lender to hold and enjoy. The income the lender takes from it stands in place of interest. The land returns to the owner when he repays the principal. It is a distinctive Nepali mode of secured borrowing. It has long been used in farming communities. It sits between two other deeds. It is not an outright sale, which parts with ownership for good. It is not a bare personal loan, which gives the lender no security at all.
Its necessity is clear from the needs it serves on both sides. For the borrower, it is a way to raise funds against his land while keeping his ownership. He loses the use of the land for a time. But he does not lose the land itself. He can recover it simply by repaying the principal (साँवा). For the lender, it gives real security. He gets actual possession and enjoyment of the land. This is far better than a mere promise of interest. He is not left chasing an unwilling debtor. He already holds the income-earning asset. So the deed meets the borrower's need for money and the lender's need for security at the same time, without a permanent loss of the property.
An example makes the point. रामबहादुर needs money for his daughter's education. But his only asset is a field he does not want to sell. So he gives the field in भोगबन्धी to सीताराम for the sum he needs. सीताराम cultivates the field. He keeps its harvest in place of interest for as long as the money is outstanding. The day रामबहादुर returns the principal, the field comes back to him intact. Neither party has had to gamble. रामबहादुर has kept his land. सीताराम has had secure value in hand throughout. A model deed in the correct Nepali form (placeholder names and figures):
भोगबन्धीको लिखत
लिखितम् काठमाडौं महानगरपालिका वडा नं. ५ बस्ने, श्री जयबहादुर श्रेष्ठको छोरा
रामबहादुर श्रेष्ठ, उमेर ४५ वर्ष (बन्धक राख्ने / जग्गाधनी) ।
मैले आफ्नो घरायसी आवश्यकताका लागि काठमाडौं महानगरपालिका वडा नं. ५ बस्ने सीताराम श्रेष्ठ,
उमेर ५० वर्ष (बन्धक लिने) सँग नगद रु. १०,००,०००।- (अक्षरेपी दस लाख रुपैयाँ मात्र) लिई नगदै
बुझी लिएँ ।
सो साँवा रकमको सट्टा, तल तपसिलमा उल्लिखित आफ्नो हक भोगको जग्गा निज बन्धक लिनेलाई
भोगबन्धक राखी आजैदेखि भोग गर्न दिएँ । निजले उक्त जग्गा जोत, भोग गरी प्राप्त गरेको आम्दानी
ब्याजसरह लिने र जग्गाको तिरो, मालपोत निजैले बुझाउने । मैले उक्त साँवा रु. १०,००,०००।- जुनसुकै
बखत फिर्ता बुझाएपछि निजले उक्त जग्गा मलाई तुरुन्त फिर्ता गर्ने छन् । साँवा फिर्ता नबुझाएसम्म
मैले उक्त जग्गा अरू कसैलाई बिक्री वा बन्धक नगर्ने । यो भोगबन्धीको लिखत मैले कसैको करकाप नपरी
होसहवासमा राजीखुसीले गरिदिएँ ।
तपसिल (भोगबन्धक राखिएको जग्गा):
जिल्ला ....., ... नगरपालिका वडा नं. ..., कित्ता नं. ....., क्षेत्रफल ..... ;
चार किल्ला - पूर्व: ....., पश्चिम: ....., उत्तर: ....., दक्षिण: ..... ।
बन्धक राख्ने (जग्गाधनी): रामबहादुर श्रेष्ठ - सहीछाप
बन्धक लिने: सीताराम श्रेष्ठ - सहीछाप
साक्षी: १. हरिबहादुर श्रेष्ठ, काठमाडौं वडा नं. ५ - सहीछाप
२. गोपाल श्रेष्ठ, काठमाडौं वडा नं. ५ - सहीछाप
लेखक: कृष्णप्रसाद श्रेष्ठ - सहीछाप
इति सम्वत् २०८२ साल ... महिना ... गते रोज ... शुभम् ।
Explanation. The deed opens with लिखितम् and the mortgagor's full identity. It then records the amount received in figures and words. The central clause states that the land is given in usufructuary mortgage (भोगबन्धक). The lender may hold and enjoy it. He takes its income in place of interest and pays the land revenue. That is the defining feature of भोगबन्धी. The redemption clause fixes the owner's right to recover the land on repaying the principal. The restraint clause stops him from selling or re-mortgaging it meanwhile. This protects the lender. Then come the free-will declaration and the schedule (तपसिल) that identifies the plot by number, area and four boundaries. Finally come the signatures of both parties, the witnesses and the scribe, and the इति date line. These parts together show both the necessity of the deed and its correct form.
करार केलाई भनिन्छ ? वैध करारका लागि चाहिने तत्त्वहरू के के हुन् ? / What is a contract, and what elements does a valid contract require?
A contract (करार) is an agreement between competent parties. It is made with their free consent. It is made for a lawful consideration and object. The law will enforce it. The contract paper (करारनामा) is the written form in which that agreement is recorded. Drafting a contract paper matters for a clear reason. The document fixes the parties' rights and duties in advance. Each party then knows exactly what is expected. Later disputes are prevented. The Muluki Civil Code 2074 governs contracts in Nepal. The essential elements of a valid contract are drawn from its requirements.
For an agreement to be a valid contract it must contain these elements. First there must be a lawful offer and acceptance. The parties must genuinely agree on the same thing. Suppose Rambahadur offers to sell his motorcycle to Haribahadur for a stated price. Haribahadur accepts those exact terms. There is a meeting of minds. But suppose Haribahadur replies offering less. That is a counter-offer. No contract has formed yet.
Second, there must be free consent. Consent obtained by coercion (करकाप), undue influence, fraud (झुक्यान) or misrepresentation is not free. A contract so made is voidable. Voidable means the party whose consent was wrongly obtained may choose to cancel it. Suppose a lender compels a borrower to sign a harsh deed by threatening him. The borrower may later have that contract set aside. This is because his consent was not free.
Third, the parties must be competent. Competent means of majority age, of sound mind, and not disqualified by law. This is why an agreement signed by a minor is generally not enforceable against the minor.
Fourth, there must be a lawful consideration and object. Something of value must pass. The purpose must be one the law allows. So an agreement to pay someone to commit an offence has an unlawful object. No court will enforce it.
Fifth, the terms must have certainty. The performance must also be possible. The law cannot enforce a promise too vague to understand. It cannot enforce a promise that is impossible to carry out.
In drafting a contract paper, the matters to be mentioned follow directly from these elements. The deed must name the parties. They are commonly the first party (पहिलो पक्ष) and the second party (दोस्रो पक्ष). Each is given with address and age. The deed must state the subject of the agreement. It must set out the terms and conditions. These are each party's rights and duties, in clear numbered clauses. It must fix the consideration, that is the price or other value. It must fix the time and manner of performance. It must provide for default and its consequences. It must close with the signatures of the parties and the witnesses and the date. Take a house-rent contract as an example. It would name the landlord (घरधनी) and the tenant (भाडावाल). It would identify the house let. It would fix the rent, the period, the deposit, the duty to look after the property, and the notice required to end the tenancy. Then if the tenant stops paying, or the landlord evicts him unfairly, the document shows at once what was agreed.
Drafted with these elements and contents, the contract paper is valid, complete and enforceable. The whole purpose of putting an agreement in writing is certainty. A well-drafted करारनामा lets each party know his rights. It lets a court read the bargain without guessing. It turns a fragile spoken promise into a dependable legal obligation.
घरभाडा करारको एउटा नमुना तयार गर्नुहोस् । / Prepare a sample of a house-rent contract.
A house-rent contract is drafted as an agreement between the landlord (घरधनी) and the tenant (भाडावाल). The terms are set out in numbered clauses. Then each party's duty is clear. A fuller sample in the correct Nepali form follows (placeholder names and figures):
घरभाडा करारनामा
पहिलो पक्ष (घरधनी): काठमाडौं महानगरपालिका वडा नं. ५ बस्ने, श्री कृष्णबहादुर श्रेष्ठको छोरा
रामबहादुर श्रेष्ठ, उमेर ४५ वर्ष ।
दोस्रो पक्ष (भाडावाल): काठमाडौं महानगरपालिका वडा नं. ७ बस्ने, श्री गोपालबहादुर श्रेष्ठको छोरा
हरिबहादुर श्रेष्ठ, उमेर ३० वर्ष ।
माथि उल्लिखित दुवै पक्षबीच, आ-आफ्नो होसहवास र राजीखुसीले, देहायका शर्तमा यो घरभाडा करार
भयो:
१. घरधनीले आफ्नो हक भोगको, काठमाडौं महानगरपालिका वडा नं. ५ स्थित तीनतले घरको पहिलो तला (दुई
कोठा, भान्सा र शौचालयसहित) दोस्रो पक्षलाई बसोबासका लागि भाडामा दिने ।
२. मासिक भाडा रु. १५,०००।- (अक्षरेपी पन्ध्र हजार रुपैयाँ मात्र) कायम गरी, दोस्रो पक्षले प्रत्येक
महिनाको ५ गतेभित्र घरधनीलाई बुझाई भरपाई लिने ।
३. यो करार मिति २०८२ साल ... महिना ... गतेदेखि लागु भई, अवधि २ (दुई) वर्षको हुने ।
४. धरौटीबापत दोस्रो पक्षले रु. ३०,०००।- (तीस हजार रुपैयाँ) अग्रिम बुझाउने; करार अन्त्यमा बाँकी
बक्यौता र क्षति कट्टा गरी धरौटी फिर्ता हुने ।
५. बिजुली, खानेपानी, फोहोर व्यवस्थापन लगायतका महसुल दोस्रो पक्ष आफैँले मिटरको खपतअनुसार तिर्ने ।
६. घर तथा घरभित्रको सम्पत्तिको हेरचाह दोस्रो पक्षले गर्ने; साधारण प्रयोगबाहेक तोडफोड वा क्षति भए
सोको क्षतिपूर्ति दोस्रो पक्षले तिर्ने ।
७. घरधनीको लिखित स्वीकृतिविना दोस्रो पक्षले घर अरू कसैलाई भाडामा उपभाडामा दिन वा हस्तान्तरण गर्न
नपाउने ।
८. करार अवधिभित्र कुनै पक्षले करार अन्त्य गर्नुपरेमा कम्तीमा एक महिना अगावै अर्को पक्षलाई लिखित
सूचना दिनुपर्ने ।
९. करार अन्त्य भएपछि दोस्रो पक्षले घर सफासुग्घर गरी सद्दे अवस्थामा घरधनीलाई फिर्ता बुझाउने ।
यी शर्तहरू दुवै पक्षलाई मन्जुर भई, साक्षीको रोहबरमा सहीछाप गरी यो करारनामा गरियो ।
पहिलो पक्ष (घरधनी): रामबहादुर श्रेष्ठ - सहीछाप
दोस्रो पक्ष (भाडावाल): हरिबहादुर श्रेष्ठ - सहीछाप
साक्षी: १. ................. २. .................
इति सम्वत् २०८२ साल ... महिना ... गते रोज ... शुभम् ।
Explanation of the parts. The deed opens with its title (घरभाडा करारनामा). So the nature of the document is clear at a glance. It then identifies the two parties. The landlord is the first party (पहिलो पक्ष, घरधनी). The tenant is the second party (दोस्रो पक्ष, भाडावाल). Each is given with father's name, ward address and age. So there is no doubt who is bound. The recital records that both act of their own free will (राजीखुसी). The numbered clauses are the heart of the contract. Clause 1 identifies exactly what is let, the specific floor and rooms. Clause 2 fixes the rent and the due date and requires a receipt. Clause 3 fixes the start date and the period. Clause 4 fixes the deposit (धरौटी) and how it is returned. Clause 5 gives the utilities to the tenant. Clause 6 imposes the duty of care and the liability for damage. Clause 7 bars subletting without consent. Clause 8 fixes the notice required to end the tenancy. Clause 9 governs handover of the house at the end. The deed closes with the signatures (सहीछाप) of both parties. It closes with the witnesses (साक्षी) before whom it was signed. It closes with the date. Each clause settles in advance a matter that commonly causes disputes between landlord and tenant. So the document, and not later argument, decides the point.
सट्टापट्टा लिखतको एउटा नमुना तयार पार्नुहोस् । सट्टापट्टा किन उपयोगी छ ? / Prepare a sample exchange deed, and why is it useful?
An exchange deed (सट्टापट्टा) records the mutual exchange of one property for another. Typically two owners swap plots of land instead of selling for money. It is useful for several reasons. It lets each party get property better suited to his needs. The land may be nearer his home, of a more convenient shape, or next to land he already uses. It saves the double work and double cost of each party selling his plot and then buying another. And the two transfers happen together in one deed. So neither party is left holding money and searching for a suitable plot to buy. Here is an example. Rambahadur owns land near Haribahadur's house. Haribahadur owns land near Rambahadur's fields. Each values the other's plot more than his own. A सट्टापट्टा lets them simply swap. A fuller sample in the correct Nepali form follows (placeholder names):
सट्टापट्टाको लिखत
लिखितम् काठमाडौं महानगरपालिका वडा नं. ५ बस्ने, श्री कृष्णबहादुर श्रेष्ठको छोरा रामबहादुर
श्रेष्ठ, उमेर ४० वर्ष (पहिलो पक्ष) र काठमाडौं महानगरपालिका वडा नं. ७ बस्ने, श्री गोपालबहादुर
श्रेष्ठको छोरा हरिबहादुर श्रेष्ठ, उमेर ३८ वर्ष (दोस्रो पक्ष) ।
हामी दुवै पक्षले, आ-आफ्नो होसहवास र राजीखुसीले, तल तपसिलमा उल्लिखित आ-आफ्नो हक भोगको जग्गा
एकले अर्कालाई साटफेर गर्ने गरी यो सट्टापट्टाको लिखत गर्यौँ । पहिलो पक्षले आफ्नो तपसिल (क) को
जग्गा दोस्रो पक्षलाई र दोस्रो पक्षले आफ्नो तपसिल (ख) को जग्गा पहिलो पक्षलाई साट्यौँ । दुवै
जग्गाको मूल्य बराबर भएकोले कुनै पक्षले अर्को पक्षलाई थप रकम लिनुदिनु नपर्ने ।
आजका मितिदेखि पहिलो पक्षले तपसिल (ख) को जग्गामा र दोस्रो पक्षले तपसिल (क) को जग्गामा आ-आफ्नो
हक, भोग र स्वामित्व कायम गरी, दाखिल खारेज गराई भोग गर्न पाउने छन् । साटिएको जग्गामा साबिक धनीको
वा निजका हकवालाको कुनै हक दाबी नरहने ।
तपसिल (क) - पहिलो पक्षको जग्गा: जिल्ला काठमाडौं, कित्ता नं. ....., क्षेत्रफल ..... ; चार किल्ला -
पूर्व: ....., पश्चिम: ....., उत्तर: ....., दक्षिण: ..... ।
तपसिल (ख) - दोस्रो पक्षको जग्गा: जिल्ला काठमाडौं, कित्ता नं. ....., क्षेत्रफल ..... ; चार किल्ला -
पूर्व: ....., पश्चिम: ....., उत्तर: ....., दक्षिण: ..... ।
पहिलो पक्ष: रामबहादुर श्रेष्ठ - सहीछाप
दोस्रो पक्ष: हरिबहादुर श्रेष्ठ - सहीछाप
साक्षी: १. ................. २. .................
लेखक: .................
इति सम्वत् २०८२ साल ... महिना ... गते रोज ... शुभम् ।
Explanation of the parts. The deed opens with लिखितम् and names both parties. Each is given with father's name, ward address and age, since both are at once giver and receiver. The recital records that they act of their free will and exchange their plots. It also states expressly whether any balancing amount is payable. Here the values are equal, so none is. The operative clause transfers each party's हक, भोग and स्वामित्व in the plot received. It extinguishes the former owner's claim. That is the legal effect of the exchange. The two schedules (तपसिल क and ख) describe each plot. Each has its district, plot number, area and four boundaries. So exactly what passes is beyond doubt. The deed closes with the signatures of both parties, the witnesses (साक्षी), the scribe (लेखक) and the date. In practice it is registered in the Land Revenue Office. Then the swap appears in the public record.
बैनाबट्टा लिखतको एउटा नमुना तयार पार्नुहोस् । बैनाबट्टा भन्नाले के बुझिन्छ ? / Prepare a sample advance-payment deed, and what does it mean?
An advance-payment deed (बैनाबट्टा) is made when parties agree to a transaction. This is usually the sale of land or a house. The buyer pays part of the price in advance as earnest money (बैना). The balance and the main deed follow within a fixed period. The purpose is to bind both parties to the bargain before the final राजीनामा is made. Then neither can walk away in the meantime. For example, Haribahadur agrees to buy Rambahadur's plot. He cannot pay the whole price today. So he pays a portion now as बैना. The two then sign a deed. It fixes the balance, the deadline and what happens on default. A fuller sample in the correct Nepali form follows (placeholder names and figures):
बैनाबट्टाको लिखत
लिखितम् काठमाडौं महानगरपालिका वडा नं. ७ बस्ने, श्री गोपालबहादुर श्रेष्ठको छोरा हरिबहादुर
श्रेष्ठ, उमेर ३८ वर्ष (बैना दिने, खरिदकर्ता) र काठमाडौं महानगरपालिका वडा नं. ५ बस्ने, श्री
कृष्णबहादुर श्रेष्ठको छोरा रामबहादुर श्रेष्ठ, उमेर ४५ वर्ष (बैना लिने, बिक्रेता) ।
बिक्रेताले आफ्नो हक भोगको, तल तपसिलमा उल्लिखित जग्गा खरिदकर्तालाई मु. रु. ५०,००,०००।-
(अक्षरेपी पचास लाख रुपैयाँ मात्र) मा बिक्री गर्ने कुरा दुवै पक्षबीच राजीखुसीले तय भई, सोमध्ये आजका
मितिमा रु. ५,००,०००।- (पाँच लाख रुपैयाँ) बैनाबापत बिक्रेताले खरिदकर्ताबाट बुझी लिई यो बैनाबट्टाको
लिखत गरियो ।
बाँकी रकम रु. ४५,००,०००।- (पैँतालिस लाख रुपैयाँ) खरिदकर्ताले मिति २०८२ साल ... महिना ... गते
भित्र बिक्रेतालाई बुझाई, सोही दिन मूल राजीनामाको लिखत पारित गरिदिने । उक्त मितिभित्र खरिदकर्ताले
बाँकी रकम नबुझाएमा बुझाइसकेको बैना रकम जफत हुने । बिक्रेताले तोकिएको मितिभित्र राजीनामाको लिखत
पारित नगरिदिएमा बुझी लिएको बैना रकम दोब्बर बनाई खरिदकर्तालाई फिर्ता गर्ने गरी, दुवै पक्षको
राजीखुसीले यो लिखत गरियो ।
तपसिल: जिल्ला काठमाडौं, कित्ता नं. ....., क्षेत्रफल ..... ; चार किल्ला - पूर्व: ....., पश्चिम: .....,
उत्तर: ....., दक्षिण: ..... ।
बैना दिने (खरिदकर्ता): हरिबहादुर श्रेष्ठ - सहीछाप
बैना लिने (बिक्रेता): रामबहादुर श्रेष्ठ - सहीछाप
साक्षी: १. ................. २. .................
इति सम्वत् २०८२ साल ... महिना ... गते रोज ... शुभम् ।
Explanation of the parts. The deed opens with लिखितम् and names the parties in their roles. The buyer is बैना दिने (खरिदकर्ता). The seller is बैना लिने (बिक्रेता). Each is given with father's name, ward address and age. The recital states the agreed total price and the property to be sold. It then records the advance (बैना) actually paid today. It records that the seller has received it. The next clause fixes the balance due and the deadline. By that deadline the balance must be paid and the main राजीनामा made. The default clause provides for both sides. If the buyer fails to pay the balance in time, his advance is forfeited. If the seller refuses to make the sale, he must return the advance doubled. This keeps the pressure to perform on both parties equally. The schedule (तपसिल) describes the plot with its district, plot number, area and four boundaries. The deed closes with the signatures, the witnesses (साक्षी) and the date. These parts together make the preliminary bargain as certain and enforceable as the final sale it leads to.
सिफारिस पत्र भनेको के हो ? / What is a recommendation letter?
A recommendation letter (सिफारिस पत्र) is usually issued by a ward office or local level. In it an authority certifies a fact about a person. It then recommends that another office do something for that person, such as issue a citizenship certificate or connect electricity.
नागरिकताको सिफारिस पत्र र विजुलीबत्ती जडानको सिफारिस पत्रबीच तुलना गर्नुहोस् । / Compare the recommendation letter for citizenship with the recommendation letter for connection of electricity.
A citizenship recommendation and an electricity recommendation are both recommendation letters (सिफारिस पत्र). Both are issued by a ward office or local level. Both share the same basic form. Each has a letterhead, a letter and dispatch number, and a date. Each has an addressee, a subject line, and a body that states the facts and the recommendation. Each ends with the officer's signature, designation and seal. The frame is the same for both. So a student who can draft one can draft the other. He only changes the addressee and the certified facts. The real differences lie in their purpose, their addressee, their contents and the care they demand:
Here is an example. A sixteen-year-old resident of ward 5 applies for citizenship. The ward must check his parents' citizenship and his residence first. Only then does it recommend him to the District Administration Office. Now the same family wants a meter for a new room. This time the ward need only confirm that the house is theirs. Then it recommends the connection to the electricity authority. So the two letters are the same in form. But they differ in purpose, addressee, the facts certified and the amount of checking required.
स्वीकृतिपत्र (नो अब्जेक्सन लेटर) लिन किन आवश्यक छ ? / Why is it necessary to obtain a no-objection (consent) letter?
A no-objection letter (स्वीकृतिपत्र) records that a concerned person or authority has no objection to a certain act. It records that they agree to it. The document is short. But obtaining one is necessary for several connected reasons:
Take an example. रामबहादुर श्रेष्ठ and his co-owner jointly hold a plot. रामबहादुर wishes to mortgage his share. The Land Revenue Office may ask for a no-objection letter from the co-owner first. Then the co-owner cannot complain later. Here the letter protects the co-owner. It also gives the office the comfort it needs. So the no-objection letter is brief but important in daily dealings. It must clearly name the person giving it. It must name the act consented to. It must carry the date and signature.
व्यक्तिगत घटनाहरू (जन्म, मृत्यु, बसाइँसराइ) कुन निकायमा दर्ता गर्नुपर्छ ? / In which body must personal events such as birth, death and migration be registered?
Personal events such as birth, death, marriage and migration (बसाइँसराइ) must be registered at the local registrar's office (स्थानीय पञ्जिकाधिकारीको कार्यालय). This is the ward office of the concerned local level, the rural or urban municipality, which issues the official registration certificate.
Q9 / Q13. समाह्वानको परिभाषा दिनुहोस् । इतलायनामा कुन निकायबाट जारी गरिन्छ ? समाह्वान र इतलायनामाबीच के फरक छ ? / Define summons; by which body is the process issued; and how do summons and process differ?
A summons (समाह्वान) is the order a court issues to the defendant. It tells him to appear and answer the plaintiff's claim. Through it, the defendant gets notice of the case. Through it, the court also gains power over his person. Only then can the court lawfully go ahead. If need be, it can then decide against him. A process or notice (इतलायनामा) is a wider court process. By it a person is told about the case or called in connection with it. Both are issued by the court. Both serve to bring a person before the court. But they differ in several ways:
Here is an example. सीताराम files a plaint against रामबहादुर. The court issues a समाह्वान to रामबहादुर to appear and file his written response. Suppose some other person connected with the matter must attend. Then the court issues an इतलायनामा to inform or call that person. Both must name the person, the case and the date. Both must be issued under the court's authority. A party who ignores them acts at the risk of consequences for non-compliance.
प्रत्यार्थी (झगडिया) झिकाउने आदेशका लागि आवश्यक पर्ने आधारहरूको विश्लेषण गर्नुहोस् । अथवा, 'अदालती प्रक्रियाको औपचारिक सुरुवात मुद्दा दर्तासँगै हुन्छ' भन्ने भनाइको विवेचना गर्नुहोस् । / Evaluate the grounds necessary for the order to summon the opposite party; OR analyse the statement that court procedure formally begins with the filing of the case.
(a) Grounds for the order to summon the opposite party (झगडिया झिकाउने आदेश). A court does not call a person before it lightly. A summons puts a real burden on the person. He must appear and answer. He also runs the risk of a decision against him. So the court orders a summons only when certain grounds are present. The order issues only when they are satisfied.
First, there must be a validly filed plaint or charge sheet that has been registered. The court summons a party only in a case that is properly before it. There is no power to call a person where no case exists. Second, that document must show a cause of action against the person to be summoned. A cause of action is a real legal reason to claim against him. If a plaint shows no claim against a particular person, that person cannot be dragged into the case. Third, the person must be a necessary or proper party. This means a person whose presence is needed to decide the dispute fully. Suppose सीताराम sues on a loan. Then only the borrower रामबहादुर and any surety are proper parties. An unconnected stranger is not. Fourth, the claim must be within the court's jurisdiction and within the limitation (हदम्याद). Jurisdiction means the court's power over the matter. Limitation means the time limit for filing. If the court has no power over the subject, the case cannot proceed. The same is true if the claim is time-barred. Then there is nothing for which to summon anyone. Fifth, the person must be correctly identified. His name, address and description must be right. So the summons reaches the right person and not a namesake. When these grounds exist, the court orders the summons to issue. If they are absent, there is no basis to call the party.
(b) Court procedure formally begins with the filing of the case. This statement is correct. It captures a basic feature of Nepal's procedural law. A court does not act on its own. It acts only when a matter is brought before it. The matter must be brought in the proper form. It must be brought by the person entitled to bring it. In a civil case that form is the plaint (फिरादपत्र) filed by the plaintiff. In a criminal case it is the charge sheet (अभियोगपत्र). The public prosecutor files the charge sheet after investigation. Until the document is filed and registered, there is no case in the eye of the law. There are no parties before the court. There are no issues to try. There is no proceeding in existence.
The moment the document is registered, a chain of consequences follows at once. The court's jurisdiction is engaged. The opposite party is summoned by समाह्वान. The dates of the case begin to be fixed and recorded on the तारिख पर्चा. The limitation and other time limits start to run. The trial process is formally set in motion. So the filing is the true starting point of the procedure. It fixes the claim or the accusation that the court will decide. It identifies the parties between whom the dispute lies. It gives the court the power to summon, to take evidence and finally to decide.
For this reason the drafting of the first document is very important. Everything that follows is built on it. The summons, the defence, the framing of issues, the evidence and the judgment all rest on it. A plaint or charge sheet that is accurate, complete and correctly framed gives the whole case a sound base. A faulty one can make the case fail at the very start. Both parts of the question point to the same truth. The grounds for summoning a party and the start of the proceeding both flow from a validly filed and registered case.
पेशी स्थगनको निवेदनको नमुना तयार गर्नुहोस् । (अथवा हाजिरी हुने निवेदनको नमुना ।) / Prepare a sample application for adjournment of the date of hearing (or an application of appearance).
An adjournment application asks the court to put off the hearing fixed for the day. It asks the court to give the next date instead. The party must state the reason honestly. This way he is not treated as absent. A fuller sample in the correct Nepali form (placeholder names):
श्री जिल्ला अदालत,
काठमाडौं ।
विषय: पेशी स्थगनको निवेदन ।
वादी: सीताराम श्रेष्ठ, काठमाडौं महानगरपालिका वडा नं. १० ।
प्रतिवादी: रामबहादुर श्रेष्ठ, काठमाडौं महानगरपालिका वडा नं. ५ ।
मुद्दा: लेनदेन ।
महोदय,
माथि उल्लिखित मुद्दाको आजको मितिमा पेशी तोकिएकोमा, म निवेदक (प्रतिवादी) को तर्फबाट
बहस पैरवी गर्ने कानुन व्यवसायी अचानक बिरामी हुनुभई आज अदालतमा उपस्थित हुन नसक्ने भएको
व्यहोरा निजको बिरामी सम्बन्धी कागजातसहित अनुरोध गर्दछु । आफ्नो तर्फबाट प्रभावकारी बहस
नभई आजै पेशी चलेमा मलाई न्यायमा मर्का पर्ने भएकोले, आजको पेशी स्थगन गरी अर्को उपयुक्त तारेख
तोकी बहस पैरवीको मौका दिई न्याय दिलाइपाउँ भनी यो निवेदन गर्न आएको छु ।
निवेदक (प्रतिवादी): रामबहादुर श्रेष्ठ - सहीछाप
इति सम्वत् २०८२ साल ... महिना ... गते रोज ... शुभम् ।
Explanation of the parts. The application opens with the addressee. This is the court where the case is pending (श्री जिल्ला अदालत, काठमाडौं). Next comes a subject line (विषय) that names it as an adjournment petition. Then it identifies the parties and the case (मुद्दा). It gives the names and addresses of the वादी (plaintiff) and प्रतिवादी (defendant). It also gives the kind of suit. So the clerk can place it in the right file. The body states the ground for the request. Here the ground is that the applicant's lawyer has suddenly fallen ill and cannot appear. It adds that going ahead today would cause injustice for want of good argument. A genuine reason is essential. The court grants an adjournment only on a good cause. A supporting document helps where possible. The body then makes the request (माग). It asks that today's hearing be put off and a fresh date be given. It closes with the signature (सहीछाप) of the applicant and the date (मिति). An appearance application (हाजिरी निवेदन) uses the same frame. It has the addressee, subject, parties, body, signature and date. But its body simply records that the party has appeared on the date fixed. It asks that his attendance be noted on the record.
तारेख भरपाईको एउटा नमुना तयार गर्नुहोस् । साधारण तारेख र तारिख पर्चा भनेको के हो ? / Prepare a sample acknowledgement of the due date; and what are an ordinary due date and a tarekhparcha?
A due-date receipt (तारेख भरपाई) is a paper the party signs. It records that he has taken the next date fixed by the court. So there is written proof that he knew when to return. He cannot later claim he did not know the date. A fuller sample in the correct Nepali form (placeholder names):
तारेख भरपाई
श्री जिल्ला अदालत, काठमाडौंमा विचाराधीन, वादी सीताराम श्रेष्ठ, काठमाडौं वडा नं. १० र
प्रतिवादी रामबहादुर श्रेष्ठ, काठमाडौं वडा नं. ५ भएको लेनदेन मुद्दामा, आजको तारेख मिति २०८२
साल ... महिना ... गते म प्रतिवादी स्वयं अदालतमा उपस्थित भई तारेख गुजारेको छु ।
उक्त मुद्दाको अर्को पेशी/तारेख मिति २०८२ साल ... महिना ... गते रोज ... मा तोकिएको हुँदा,
सो मितिमा म अदालतमा उपस्थित हुने छु भन्ने व्यहोरा सही साँचो छ भनी यो तारेख भरपाई गरी सहीछाप
गरेँ ।
तारेख लिने: रामबहादुर श्रेष्ठ (प्रतिवादी) - सहीछाप
इति सम्वत् २०८२ साल ... महिना ... गते रोज ... शुभम् ।
Explanation of the parts. The receipt is headed तारेख भरपाई. It first records the court and the case. It names the वादी (plaintiff) and प्रतिवादी (defendant) and the kind of मुद्दा (case). So it is clear which proceeding the date belongs to. The body then states that today's date has been attended and passed by the party in person. It then fixes the next date on which he promises to appear. Recording both dates is the whole point of the document. It ties the party to a definite return date. The receipt carries the party's declaration that the contents are true. It closes with the signature (सहीछाप) of the party taking the date and the date (मिति) of signing. The ordinary tarekh (साधारण तारेख) is that next date itself. The tarekhparcha (तारिख पर्चा) is the sheet kept in the file on which all such dates are recorded. So these two ideas are the very content of this receipt.
खानतलासी मुचुल्काको ढाँचा तयार पार्नुहोस् । / Prepare a sample of a seizure muchulka (deed of seizure).
A seizure muchulka is made on the spot when a search is done and goods are seized. It records the facts in front of witnesses. So the seizure can be proved later. A fuller sample in the correct Nepali form (placeholder names):
खानतलासी मुचुल्का
हामी तल सहीछाप गर्ने व्यक्तिहरूको रोहबरमा, मिति २०८२ साल ... महिना ... गते ... बजे,
चोरी मुद्दाको अनुसन्धानको सिलसिलामा, काठमाडौं महानगरपालिका वडा नं. ५ स्थित रामबहादुर
श्रेष्ठको घरमा इलाका प्रहरी कार्यालय, काठमाडौंका प्रहरीले कानुनबमोजिम खानतलासी गर्दा,
तपसिलमा उल्लिखित सामानहरू फेला परी, प्रमाणका लागि प्रहरीको कब्जामा लिइएको व्यहोरा सही
साँचो हो भनी यो मुचुल्का तयार गरी सहीछाप गर्यौँ ।
तपसिल (बरामद भएका सामान):
(क) नगद रु. ५०,०००।- (अक्षरेपी पचास हजार रुपैयाँ) ।
(ख) सुनको सिक्री १ थान, अनुमानित मूल्य रु. ...... ।
(ग) ...................... ।
रोहबरमा बस्ने (साक्षी): १. सीताराम श्रेष्ठ, वडा नं. ५ - सहीछाप
२. ................., वडा नं. ५ - सहीछाप
घरधनी / सम्बन्धित व्यक्ति: रामबहादुर श्रेष्ठ - सहीछाप
खानतलासी गर्ने प्रहरी: ................., दर्जा ........ - सहीछाप
इति सम्वत् २०८२ साल ... महिना ... गते रोज ... शुभम् ।
Explanation of the parts. The document is headed खानतलासी मुचुल्का. It opens with the key fact that it is made in front of witnesses (रोहबरमा). This is what gives a muchulka its weight as evidence. It records the date, the time and the place of the search. It records the reason for it, the investigation of a theft case. So the context is fixed. The body states that the police did the search according to law at रामबहादुर's house. It states that the listed goods were found and taken into custody as evidence. The schedule (तपसिल) then lists each seized item one by one. It gives amounts and descriptions. This is important. It stops the accused from later claiming that more was taken or that items were planted. Finally the document carries the signatures (सहीछाप). These are of the witnesses present, the occupant or related person, and the searching police officer with his rank. It also carries the date (मिति). The muchulka fixes the facts at the time of the search. So it works as evidence that cannot easily be disputed later.