Court Representation Nepal | Alpine Law Associates

Understanding Theories of Punishment: Retribution, Deterrence, Prevention & Reform

Punishment theories form the backbone of criminal justice systems, helping society define justice and deal with crime. This article explores the four major theories: retributive, deterrent, preventive, and reformative. Each theory offers a unique approach—from seeking revenge to preventing harm and rehabilitating offenders. Understanding these perspectives helps shape fair, effective, and forward-thinking criminal justice policies. As the world shifts towards balanced legal systems, combining these theories becomes essential to protect society and promote rehabilitation. Dive in to understand how punishment works—not just as a consequence, but as a tool for change.

March 31, 2025

Understanding the Punishment System in Nepal under National Penal Code

Nepal’s punishment system is grounded in both retributive and reformative principles. Governed by the National Penal Code, 2017, it includes imprisonment, fines, compensation, and provisions for minors and sentence remission. The law ensures proportional penalties while offering opportunities for rehabilitation and victim support. Serious crimes attract life imprisonment, while juvenile justice emphasizes reform over punishment. Despite advancements, the system still faces challenges like prison overcrowding and case backlogs. This article offers a comprehensive look at the current legal framework, key provisions, and ongoing reforms aimed at aligning Nepal’s penal system with global human rights standards.

March 31, 2025

Currency Law in Nepal: Regulations, Offenses, and Legal Penalties

Nepal’s currency law is governed primarily by the Nepal Rastra Bank Act, 2002, and the National Penal Code, 2074. It outlines legal provisions related to currency issuance, use, counterfeiting, and handling. Offenses such as using counterfeit currency, making unauthorized instruments, or altering banknotes carry strict penalties, including imprisonment and fines. Nepal Rastra Bank regulates currency operations and prohibits cryptocurrencies. The law also protects consumers, promotes monetary stability, and ensures compliance with international standards. This article provides a detailed overview of legal definitions, offenses, and sentencing related to currency crimes in Nepal.

March 31, 2025

Writ Procedure in Nepal: Types, Steps, and Constitutional Rights

The writ procedure in Nepal is a powerful constitutional mechanism for safeguarding fundamental and legal rights. Under Articles 133, 144, and 151 of the Constitution, the Supreme Court, High Courts, and District Courts respectively issue writs like habeas corpus, mandamus, certiorari, quo warranto, and prohibition. This article outlines the entire process—from petition registration to final court orders—offering insights into show cause orders, stay orders, and judicial review. The writ system ensures fast legal remedies and holds authorities accountable for unlawful actions. It strengthens democratic governance by reinforcing individual rights and controlling arbitrary government power.

March 31, 2025

Court Fee in Nepal: Rates, Exemptions, and Legal Procedures

Court fees in Nepal are mandatory charges imposed when filing legal documents such as plaints, appeals, reviews, or counterclaims. Governed by the Civil Procedure Code, 2017, court fees vary based on claim value, nature of the case, and procedural stage. Certain cases are exempt, and financially challenged individuals may petition for relief. Specific rates apply depending on the property value, appeal type, or subject matter. Additional charges are levied for documentation, authentication, and writ petitions. This article explains how court fees are calculated, legal exemptions, and what litigants need to know before initiating a lawsuit or legal action in Nepal.

April 02, 2025

Principle of res-judicata in Nepal

Res judicata is a core procedural principle in Nepalese law that prohibits re-litigation of matters already decided by a competent court. Derived from the Latin for "a matter judged," it ensures legal certainty, judicial efficiency, and protection against repeated lawsuits. The Muluki Civil Procedure Code outlines when res judicata applies, requiring a final judgment, jurisdiction, merit-based decision, and identity of parties and claims. This doctrine plays a vital role in upholding the integrity of Nepal’s legal system by discouraging redundant claims and safeguarding the finality of court decisions.

April 24, 2025

Fundamental Rights in Nepal

Fundamental rights are the cornerstone of Nepal’s democratic legal system, safeguarding individual dignity, equality, and justice. Enshrined in Part 3 of the Constitution of Nepal 2015, these rights span civil, political, social, and economic liberties—ranging from the right to life, freedom, and equality, to education, health, and social justice. Each citizen is protected under these rights and empowered to seek legal remedies through constitutional mechanisms. At Alpine Law Associates, we are committed to educating and defending these rights through professional legal advocacy and public awareness. This guide outlines all 31 fundamental rights every Nepali citizen should know and exercise.

April 25, 2025

Mediation in Nepal: Legal Process, Rules, and Benefits Explained

Mediation in Nepal offers a faster, more amicable way to resolve disputes without going through lengthy court proceedings. Governed by the Mediation Act, 2068 B.S. (2011 A.D.), this alternative dispute resolution (ADR) method is designed to encourage settlement through cooperation and mutual understanding. Nepal’s Constitution and Local Government Operation Act, 2074 further promote mediation, especially at the community level. From family conflicts and property disputes to business disagreements, mediation serves as a confidential and voluntary process managed by trained, impartial mediators. The article provides a comprehensive overview of mediation laws in Nepal, including mediator appointment, procedures, ethical conduct, grounds for removal, and qualifications. Mediation reduces the judiciary’s burden, promotes social harmony, and ensures justice is more accessible to all citizens. Whether through court direction or private agreement, mediation is becoming a cornerstone of Nepal’s evolving justice system.

July 21, 2025

Property Rights of Daughters in Nepal: Laws, Court Cases, and Progress

Property rights of daughters in Nepal have evolved dramatically over recent decades, moving from discriminatory traditions to constitutional guarantees of equality. Historically, patriarchal norms and outdated legal systems restricted daughters from inheriting ancestral property, especially after marriage. However, landmark legal reforms, including the Muluki Civil Code 2017 and the Constitution of Nepal 2015, now provide daughters with equal rights to parental property. Additionally, transformative Supreme Court decisions, like the Meera Kumari Dhungana case, have invalidated gender-based barriers in inheritance laws. Despite these advancements, challenges remain in local implementation due to lingering social biases. This comprehensive guide explores the legal history, current rights, major court cases, and remaining obstacles in achieving true equality in property rights for daughters in Nepal. Promoting legal awareness and societal change is key to ensuring women can fully exercise their constitutional rights to inheritance and economic independence.

July 21, 2025

House Rent Provisions in Nepal: Rights, Duties, and Legal Procedures

House rent provisions in Nepal play a crucial role in maintaining fairness and stability within the growing urban housing market. Governed by the Muluki Civil Code, 2074 (2017), the law ensures both landlords and tenants understand their legal rights and obligations. These provisions regulate rental agreements, rent payment methods, duration of tenancy, advance payment, rent increment limits, maintenance responsibilities, and fair eviction procedures. Tenants are protected from arbitrary rent hikes and unjust evictions, while landlords can safeguard their property rights. Mandatory written agreements above NPR 20,000 rent ensure transparency, and local authorities assist in resolving disputes. Rules regarding safety standards, property conditions, subletting permissions, and early termination rights provide a clear legal framework for smooth landlord-tenant relationships. This article highlights Nepal’s comprehensive house rent legal framework, addressing common questions and ensuring both parties enjoy a peaceful, secure, and transparent tenancy experience in Nepal’s growing urban areas.

July 21, 2025

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