Supreme Court Nepal | Alpine Law Associates

Hierarchy and Jurisdiction of Courts and Tribunals in Nepal

Nepal's judiciary is structured into three tiers: the Supreme Court, High Court, and District Court, with specialized tribunals like the Special Court, Labor Court, Revenue Tribunal, and Debt Recovery Tribunal addressing specific legal matters. The Supreme Court is the apex body, ensuring constitutional interpretation and justice. High Courts oversee appeals and writs, while District Courts handle original cases. Specialized tribunals deal with areas such as corruption, labor disputes, tax issues, and debt recovery, ensuring efficient justice delivery. Together, these institutions uphold the rule of law and access to justice in Nepal.

January 19, 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

Types and Importance of Evidence in Nepali Courts

Evidence is the foundation of justice in any legal proceeding. In Nepal, evidence encompasses all materials—oral, documentary, or physical—used to prove or disprove disputed facts in court. The law distinguishes between primary and secondary evidence, including original documents, real items, witness testimonies, and hearsay exceptions like dying declarations. This article explores the classification of evidence under Nepali law, how each type is admitted, and why proper presentation is vital for fair verdicts. Understanding these concepts ensures transparency, credibility, and accuracy in judicial processes, aligning with both procedural law and constitutional mandates.

April 10, 2025

Basic Principles of Evidence Law in Nepal

Evidence law ensures that judicial decisions are based on fair and logical assessment of facts. In Nepal, the foundational principles include relevance to the matter in issue, the best evidence rule, the exclusion of hearsay, the burden of proof, and the doctrine of estoppel. These guide the courts in evaluating what kind of evidence is admissible and how it should be assessed. Grounded in both ancient and modern legal traditions, these principles aim to maintain justice, fairness, and reliability in legal proceedings.

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

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

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

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