Civil Litigation | Alpine Law Associates

Hierarchy and Jurisdiction of Courts and Tribunals in Nepal

This article outlines the court system and judicial hierarchy of Nepal, starting with the Supreme Court, High Court, and District Court, as defined by the Constitution of Nepal. It also covers the roles and jurisdiction of specialized courts like the Special Court, Labor Court, Revenue Tribunal, and Debt Recovery Tribunal. The guide explains how each court or tribunal handles distinct legal matters such as corruption, labor disputes, tax appeals, and loan recoveries. It offers a comprehensive understanding of Nepal’s legal system, its structure, and the legal remedies available to citizens and institutions alike.

January 19, 2025

Cheque Bounce Laws in Nepal : Cheque Bounce Lawyer Nepal

Cheque bounce cases in Nepal are addressed under the Negotiable Instrument Act, 2034 and the Banking Offence and Punishment Act, 2064. A dishonored cheque due to insufficient funds, signature mismatch, or other issues can lead to legal action including fines, imprisonment, and claim recovery. This article explains the legal remedies, filing procedures, and how Alpine Law Associates offers complete legal support for cheque-related disputes.

January 20, 2025

Understanding Tamasuk in Nepal: Types and Legal Aspects of Transactions

Tamasuk is a legally recognized document for financial transactions in Nepal, ensuring mutual trust and enforceability. This article explains the types of Tamasuk—Kapali, Dristi Bandhak, Bhog Bandhak, and Lakhabandhak—along with legal guidelines under the Muluki Civil Code 2074. Whether you're a lender or borrower, understanding Tamasuk helps safeguard your rights and responsibilities. Alpine Law Associates offers expert legal services to help you draft, register, and enforce Tamasuk agreements across Nepal.

January 20, 2025

Understanding Medical Negligence and Malpractice: Legal Implications in Nepal

Medical negligence occurs when a healthcare provider fails to deliver the expected standard of care, causing harm, injury, or death. In Nepal, such acts fall under Chapter 19 of the Muluki Criminal Code 2074, which defines punishments for doctors, unregistered practitioners, and institutions. Understanding the legal difference between negligence and malpractice is vital for those seeking justice. At Alpine Law Associates, we offer full legal support to help victims of medical negligence navigate their rights, claim compensation, and hold medical providers accountable under Nepali law. Your health and dignity deserve strong legal protection—and we’re here to ensure you get it.

January 25, 2025

Filing a Case from Abroad in Nepal: Navigating Legal Procedures and Power of Attorney

Filing legal cases from abroad in Nepal is easier than it seems—thanks to the Power of Attorney system. Whether you're handling property disputes, divorce proceedings, or business conflicts, this guide explains how Nepali citizens and foreign nationals can legally appoint someone in Nepal to act on their behalf. With Alpine Law Associates, ensure your documentation, representation, and compliance align with the Civil Procedure Code 2074. Empower your legal rights from anywhere in the world.

February 03, 2025

Understanding the Law of Hurt in Nepal: Simple and Grievous Hurt Explained

The law on hurt in Nepal under the National Penal Code, 2074, outlines legal provisions, punishments, and procedures for offenses involving physical injury. This article explains simple vs grievous hurt, criminal force, and rights of victims and accused. Alpine Law Associates offers expert legal help in hurt-related cases—covering everything from complaint filing to courtroom representation. Whether you're facing accusations or seeking justice, our lawyers can help you navigate the legal process.

February 11, 2025

Understanding Breach of Contract and Legal Remedies in Nepal

A breach of contract occurs when one party fails to fulfill obligations outlined in a contract. Under Nepal’s National Civil Code, 2017, breaches are categorized as actual or anticipatory, triggering the right to seek legal remedies. These remedies include formal court processes, informal methods like arbitration and mediation, or even self-help options in financial agreements. The nature of the breach determines whether the aggrieved party may claim compensation or specific performance or cancel the contract. This article explores breach types, legal definitions, and available actions, helping individuals and businesses understand their contractual rights and protect their legal interests.

April 04, 2025

Legal Remedies for Breach of Contract in Nepal

Remedies for breach of contract in Nepal provide legal recourse when a party fails to fulfill contractual duties. The National Civil Code, 2017 outlines solutions such as damages, specific performance, injunctions, restitution, and the doctrine of unjust enrichment. Victims can choose formal court actions or alternative dispute resolution methods like arbitration or mediation. These remedies uphold fairness, ensure justice, and protect the rights of aggrieved parties. Whether you're seeking compensation, cancellation, or equitable enforcement, understanding these remedies helps maintain trust and accountability in contractual relationships in both commercial and personal contexts.

April 04, 2025

Understanding Locus Standi and Its Role in Nepalese Law

The principle of locus standi defines who has the right to bring a legal case before a court. In Nepal, this principle traditionally required a personal legal interest or injury. However, the rise of Public Interest Litigation (PIL) has expanded access, allowing concerned citizens to challenge systemic issues like rights violations and governance failures. Governed by the Muluki Civil Procedure Code 2074, locus standi now includes provisions for marginalized individuals through court permissions and guardianship. This evolving concept balances judicial access with procedural discipline, ensuring justice remains within reach for both private grievances and collective societal issues.

April 10, 2025

Legal Procedure in Nepal: General, Summary & Special

This article explains the three main types of legal procedures in Nepal—general, summary, and special. The general procedure follows standard court processes for civil and criminal cases, ensuring due process. Summary procedure is a streamlined process for minor cases, promoting faster resolutions. Special procedure is applied in specific cases like corruption or narcotics, involving designated courts and powers. Each procedure is grounded in relevant laws such as the Muluki Civil Procedure Code, Summary Proceeding Act, and Special Court Act. Understanding these distinctions ensures better access to justice and legal compliance in Nepal’s judicial system.

April 13, 2025

General Principles of Civil Law in Nepal: Foundation of Rights and Obligations

The general principles of civil law in Nepal provide a structured framework for fairness, accountability, and legal order in society. Key principles such as "ignorance of the law is no excuse," "acts against public interest are invalid," "liability for wrongdoing," and "good neighborliness" ensure that personal and commercial relations are governed by justice and consistency. These principles also confirm that customs contrary to law are unenforceable and that civil obligations extend equally to foreigners. Upholding these standards strengthens public confidence in the legal system and promotes a fair, harmonious social and economic environment. Alpine Law Associates provides expert guidance in civil law matters.

April 20, 2025

Understanding Natural Personality in Nepal: Rights and Legal Provisions

Natural personality refers to the legal recognition of human beings as subjects of rights and obligations from birth until death. The National Civil Code 2074 of Nepal provides comprehensive guidelines defining natural persons, their rights to name, residence, competency status, organ donation, and even posthumous recognition. It ensures that individuals are treated fairly and their rights safeguarded through various stages of life. The law also addresses the treatment of incompetence, quasi-competence, and presumed death, promoting dignity and legal certainty. "Alpine Law Associates" presents this in-depth overview to help understand how Nepalese law protects human legal identity.

April 21, 2025

Tort Law in Nepal

Tort law in Nepal governs civil wrongs and offers legal remedies for individuals harmed by others' actions. Based on the Muluki Civil Code 2074, it includes provisions for compensation in cases of negligence, defamation, nuisance, trespass, and more. Though not fully codified, tort law is rapidly developing, combining legislative sections and court precedents to address evolving societal issues. Responsibilities are assigned to parents, guardians, employers, and property owners for damage caused under their control. As civil rights awareness increases, Nepal’s tort law continues to expand, reinforcing justice, accountability, and protection for affected individuals.

April 23, 2025

Understanding Stare Decisis and Legal Precedent in Nepal

Stare decisis, meaning "to stand by what has been decided," is a key procedural law principle promoting consistency and fairness in judicial decisions. In Nepal, it ensures courts follow legal precedents set by higher courts, particularly the Supreme Court, enhancing predictability, judicial accountability, and rule of law. While rooted in common law, Nepal’s Constitution affirms this doctrine, guiding lower courts in maintaining uniform legal interpretations. Though not absolute, stare decisis balances legal stability with necessary evolution, making it a vital part of Nepal’s growing jurisprudence.

April 24, 2025

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