Alpine Law Associates is the leading full-service law firm encompassing a wide range of legal practices located in Kathmandu, Nepal. It consists of a team of the country's best lawyers, each with expertise in their respective fields, tailored to meet clients' specific needs.
Anamnagar-29, Kathmandu
Rape is a serious criminal offense and a grave violation of human rights. Nepal's National Penal Code, 2074 defines rape comprehensively, including statutory, marital, and incest rape, with strict punishments based on the victim's age and circumstance. This article outlines legal definitions, penalties, consent issues, and legal provisions related to rape in Nepal, ensuring public awareness and legal understanding.
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.
The concept of legal personality is central to civil law, allowing entities like corporations and institutions to hold rights and obligations separate from their members. Under Nepal’s Muluki Civil Code 2074, legal personality empowers bodies corporate to own property, enter contracts, and be liable independently. Sections 42–53 comprehensively define incorporation procedures, corporate powers, liabilities, and special provisions for merger and conflict of interest. Recognizing legal persons promotes justice, accountability, and efficiency in both public and private sectors. Alpine Law Associates explains how legal personality facilitates modern legal systems and the smooth functioning of Nepalese society.
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.
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.
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