Legal Representation | Alpine Law Associates

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

This comprehensive guide explains the process of filing a legal case in Nepal while residing abroad. It covers how both Nepali citizens and foreign nationals with legal interests in Nepal can initiate cases concerning property disputes, business conflicts, family matters, and more by appointing an attorney through a Power of Attorney. The article outlines the key steps involved, including understanding the roles of General and Authorized Powers of Attorney, the authentication process, and the proper jurisdiction procedures. It also details the required documents—such as citizenship proofs, photographs, and witness verification—and explains the differences in procedure for those living inside versus outside Nepal (filing at a District Court for residents and via a Nepalese consular office for those abroad). Additionally, the guide highlights essential aspects of the Muluki Civil Procedure Code 2074, including the qualifications needed for an attorney and the fee structure for authentication. By following these procedures, individuals can effectively overcome geographical barriers and ensure that their legal rights and interests are adequately represented in Nepalese courts.

February 03, 2025

Principle of Natural Justice in Nepal Explained

The principle of natural justice in Nepal ensures fairness, transparency, and impartiality in legal proceedings. Rooted in the doctrines of audi alteram partem and nemo judex in causa sua, it protects individuals from bias and unfair decisions by requiring a fair hearing and unbiased adjudication. These principles are recognized in Nepal's civil and criminal procedure codes and are applied consistently by courts including the Supreme Court. This article explores the key rules, legal backings, and notable judicial interpretations on natural justice.

April 02, 2025

Procedural Rights of Defendants in Nepal

This article explains the key procedural rights of criminal defendants in Nepal, including the right to legal representation, a speedy trial, protection against self-incrimination, and the right to a fair hearing. Based on the Constitution of Nepal and the National Criminal Code, 2074, these safeguards ensure justice and prevent arbitrary punishment. With a focus on due process and fundamental freedoms, the article outlines how Nepal's legal system protects individuals at every stage of criminal proceedings.

April 02, 2025

Theories of Punishment in Nepal

This article explores the major theories of punishment in Nepal, including retributive, deterrent, preventive, and reformative models. It examines their application in the legal system and highlights how Nepal is shifting towards more rehabilitative justice. The discussion includes challenges such as overcrowded prisons, resource shortages, and the need for reform in correctional systems. Learn how these theories shape laws, sentencing, and rehabilitation policies in Nepal’s modern legal framework.

April 02, 2025

Performance of Contract in Nepal

This article explains the legal aspects of contract performance in Nepal under the National Civil Code, 2017. It covers modes, time, place, and parties responsible for fulfilling contractual duties, along with exceptions such as impossibility or mutual release. Understanding contract performance helps ensure legal certainty, reduce disputes, and protect the rights of all parties involved in both business and personal transactions. The article provides practical insights into how, when, and by whom a contract should be performed, with references to key legal provisions and situations where performance may be excused.

April 02, 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

Nata Kayam Certification Process in Nepal Explained

Nata Kayam is a vital legal process in Nepal used to officially verify and establish family relationships for purposes such as inheritance, citizenship, pensions, and property division. The certificate can be issued either through the Ward Office or District Court, depending on the clarity and complexity of the relationship. While ward-level certification is quick and document-driven, court procedures involve legal scrutiny and hearings in disputed or unclear cases. Rooted in the Muluki Civil Code 2074, this process ensures legal recognition of familial ties and protects individual rights in administrative and judicial matters.

April 10, 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

Provision relating to illegal detention in Nepal

Illegal detention infringes upon fundamental human rights, violating personal liberty without legal justification. In Nepal, the Constitution and the Muluki Penal Code 2074 outline protections against such unlawful acts. Victims can seek immediate relief through the writ of habeas corpus, compelling authorities to justify detentions. Alpine Law Associates offers expert legal assistance to navigate these complex issues, ensuring justice and upholding individual freedoms. This article delves into the legal frameworks addressing illegal detention in Nepal and the remedies available to those affected.

May 04, 2025

नेपालमा सम्बन्ध विच्छेदको प्रकृया

नेपालमा सम्बन्ध विच्छेद (डिभोर्स) मुलुकी देवानी संहिता, २०७४ अनुसार कानुनी प्रक्रिया हो, जसले वैवाहिक सम्बन्धलाई अन्त्य गर्छ। यो प्रक्रिया पति वा पत्नीले अदालतमा निवेदन दर्ता गरेर सुरु हुन्छ, जसमा मिलापत्र प्रयास, सम्पत्ति बाँडफाँड, र भरणपोषणको व्यवस्था समावेश हुन्छ। सम्बन्ध विच्छेदका लागि विभिन्न आधारहरू छन्, जस्तै अलग बसाइ, शारीरिक वा मानसिक हिंसा, व्यभिचार, आदि। Alpine Law Associates ले तपाईंलाई सम्बन्ध विच्छेदको सम्पूर्ण प्रक्रिया, आवश्यक कागजातहरू, र कानुनी सल्लाह प्रदान गर्दछ, ताकि तपाईंको अधिकार सुरक्षित रहोस्।

May 04, 2025

Public, Private and Non-Profit Companies in Nepal

This article provides a comprehensive overview of the various types of companies in Nepal, as defined by the Companies Act, 2063 (2006). It delves into the characteristics of private limited companies, public limited companies, and non-profit organizations, highlighting their formation processes, regulatory requirements, and roles in the Nepalese economy. Whether you're an entrepreneur, investor, or legal professional, this guide offers valuable insights into the corporate structures that drive business and social initiatives in Nepal.

May 04, 2025

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