chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Civil procedure code

(2) Except as otherwise provided for in this Code, the person entitled to get or return of the proceeds of auction sale shall receive such amount within three months after the date of auction sale. (3) If the concerned person does not receive the court fees, deposits or amounts within the time-limit referred to in sub-section (1) or (2), the person shall not be entitled to get return of such amount subsequently. (4) After the expiration of the time-limit referred to in sub section (2), such deposits shall be credited to the government account. 263. Fees chargeable for the execution of judgment: (1) Except as otherwise provided for in this Chapter, the court shall collect the fees at the rate of ten percent from the recipient of any amount the payment of which has been effected by the court pursuant to a judgment or any other amount and the fees at the rate of five percent from the payer of such amount. (2) Notwithstanding anything contained in sub-section (1), no fees shall be charged for such specification of the deadline for repayment of a loan, provision of a document or division of property between or among creditors as effected by the court. 264. Complaint may be made: (1) A concerned person who is not satisfied with an act or action done or taken by any employee in the course of execution of a judgment may make a complaint with the judgment of the same court within fifteen days. (2) A person who is not satisfied with a decision made on the complaint made pursuant to sub-section (1) may make a petition to the court hearing appeal. (3) A complaint made pursuant to sub-section (1) and a petition made pursuant to sub-section (2) shall be disposed of within one month and two months, respectively. 265. Proceeding not to be void by the reason only the absence of representative: (1) If any proceeding has to be carried out in presence of a member or representative of the local body or to be signed by him/her pursuant to this Chapter and such a member or representative does not show up despite serving a written notice for his/her presence, the proceeding may be carried out or caused to be carried. (2) Any proceeding otherwise duly carried out shall not be void merely by the reason that a member or representative of the local body was not present or refused to sign pursuant to sub-section (1). 266. Power to institute action or impose punishment on contempt: (1) It shall be the duty of the parties of a case to assist in the execution of judgment pursuant to this Chapter. (2) The court may institute action on contempt of court against a person who hinders the execution of judgment in accordance with law or impose punishment of a fine of up to one thousand rupees or imprisonment for a term not exceeding three months or both on such a person. 267. Civil procedure code
Civil procedure code

Employee entitled to incentive: (1) If a government employee who is deputed for the recovery of a fine imposed or government amount in question in pursuance of judgment does not wish to receive the amount for daily and travel allowance, the employee shall be entitled to an incentive allowance of thirty percent of the amount recovered. (2) The bailiff ( _Tahashildar_ ) shall be entitled to seven percent of the amount recovered pursuant to sub-section (1). (3) The allowance or amount as referred to in sub-sections (1) and (2) shall be chargeable on the amount of fine or government recovered. (4) If any person other than a government employee has recovered the government amount in question or fine pursuant to this Section, the amount as referred to in sub-section (2) may be provided that person as if he/she were a government employee. Chapter-23 Provisions Relating to Civil Cases in which Government of Nepal is Plaintiff or Party 268. Investigation and filing of civil cases in which Government of Nepal is plaintiff: (1) A person who intends to institute a case set forth in Schedule-30 and a civil case which is defined as a civil case by the laws in force shall have to make a petition in writing or information orally, setting the evidence which is in his/her custody or which is available to the best of his/her knowledge and information in relation to such a case to the authority specified by the Government of Nepal by publishing a notice in the Nepal Gazette or to the concerned Landreform Officer where such authority has not been so specified. (2) Where information orally is made pursuant to sub-section (1), the concerned authority shall set down the matters of that person in the form of a petition and get him/her to sign that document. (3) The concerned authority shall, as required, take measurement and mapping of the house or land related with the case or make investigation into other necessary matters, and shall, having regard to the time required to make decision to or not to institute the case and if decision is made to institute the case, the time required to frame a plaint and file case, forward the originals of documents in the case file and one set of duplicate copies thereof, accompanied by the evidence collected and his/her opinion, to the concerned District Government Attorney for decision to or not to institute case, in advance of at least fifteen days of the date of expiration of limitation. (4) Even though a petition is not made by any person pursuant to sub-section (1), if the concerned authority himself or herself sees any reason to institute a case as referred to in sub-section (1), he/she has to collect necessary evidence, complete the procedures as referred to in sub-section (3) and forward the case file to the Government Attorney of the concerned district. Civil procedure code
Civil procedure code

(5) The Government Attorney shall study the case file received pursuant to sub-section (3) or (4) and decide to or not to institute the case. (6) If decision is made to institute the case pursuant to sub section (5), the Government attorney shall frame a plaint and file it, accompanied by the evidence, in the concerned court. (7) If decision is made not to institute the case pursuant to sub-section (5), the Government Attorney shall return the received case file and evidence to the concerned authority. 269. Case to be instituted as Government of Nepal being plaintiff: The cases set forth in Schedule-30 shall be instituted as the Government of Nepal being plaintiff in such cases. Provided that Section 91 shall apply to the matters in which plaint has to be filed pursuant to that Section. 270. In the event of revelation that person is to institute case: (1) If, in studying the case file pursuant to sub-section (5) of Section 268, it is revealed that the case is not one that is to be instituted as the Government of Nepal being plaintiff but that is to be instituted upon making complaint by the aggrieved person himself or herself in accordance with law, the Government Attorney shall make decision accordingly and inform the authority who has forwarded the case file to give a notice indicating that matter to the concerned person. (2) The limitation as referred to in law shall, in the case of the concerned person, be counted from the date of receipt of information pursuant to sub-section (1). 272. Provisions relating to institution of other civil cases: (1) The authority, if any, specified by the concerned law for the institution of or collection of evidence on any civil case other than that set forth in Schedule-30, and the concerned chief of office, where such an authority has not be specified, shall so submit the case file and evidence, accompanied by his/her opinion, to the concerned Government Attorney for decision to or not to institute the case that the limitation for filing the plaint does not get expired. (2) Upon receipt of the case file pursuant to sub-section (1), the Government Attorney shall make decision to or not to institute the case, and if so decided as to institute the case, shall also mention as to whom the case is to be instituted against, on which matter and under which law and send the case file back in a manner that the limitation for filing the case does not get expired. (3) If decision is made by the Government Attorney to institute the case pursuant to sub-section (2), the authority who is competent by law to that effect shall frame a plaint, sign it and file the case in the concerned court within the limitation, and a copy of the case file of such a case has to be provided to the Government Attorney. 273. Civil procedure code
Civil procedure code

Provision relating to limitation: (1) If a lawsuit is to be filed on behalf of the Government against any person on any civil matter, the lawsuit has to be filed within the limitation if any specified in this Code and other laws on that matter, and if no limitation has been so specified, within two years after the date of knowledge to the Government of Nepal of the occurrence of the cause of action. Provided that if this Code or the other law provides that there is no limitation to file a lawsuit and that a lawsuit may be filed any time, the lawsuit may be filed any time. (2) For the purposes of sub-section (1), when the concerned authority of the Government of Nepal comes to know the matter, the Government of Nepal shall be deemed to be in knowledge of the matter. 274. Provisions relating to examination of witness or submission of evidence: (1) A person who gives information on a case set forth in Schedule-30 shall be a witness of the plaintiff side. (2) The concerned authority shall arrange to cause the presence or submission of a witness or evidence, on a case set forth in Schedule-30 and any other civil case in which the Government of Nepal is concerned, through the Government Attorney on the day as appointed by the court. (3) The Government Attorney shall cause the examination of witnesses and submission of evidence on a case set forth in Schedule 30 and any other civil case in which the Government of Nepal is concerned. (4) If any witness must be examined on a case set forth in Schedule-2, the witness may be summoned and examined as if he/she were a witness that must be summoned and examined on a criminal case. 275. Government Attorney to make pleadings and defense: (1) The Government Attorney shall make pleadings and defense on a case set forth in Schedule-30 and a civil case that is defined by any law as to be a state case. (2) If, except as mentioned in sub-section (1), it is so requested by the concerned body in relation to a case in which the Government of Nepal is made an opposite party or a civil case which has been instituted as the Government of Nepal being a plaintiff, the Government Attorney may make pleadings and defense. 276. Time limit to be given: (1) The court shall give a time-limit of seventy days for making an appeal on a case set forth in Schedule-30. (2) If the concerned party expires the time limit pursuant to sub-section (1) and makes an application showing a reasonable reason to the court, the court may extend the time limit of up to thirty days in relation the time limit that is extendable pursuant to Chapter-8. 277. Civil procedure code
Civil procedure code

Authority to make appeal, revision or review petition: (1) If it is required to make an appeal, revision or review petition on a case set forth in Schedule-30 and on a civil case which is defined by any law as the Government of Nepal being plaintiff, the concerned Government Attorney shall make such an appeal or petition. (2) If, except that set forth in sub-section (1), it is required to make an appeal, revision or review petition or other relevant petition on a civil case in which the Government of Nepal is a party or opposite party, the concerned authority or chief of office himself or herself shall make such an appeal or petition. Provided that if the concerned authority or chief of office so writes, the concerned Government Attorney may make an appeal, revision or review petition or other relevant petition. 278. Procedures for filing lawsuit against the Government of Nepal: (1) If it is required to make a lawsuit against the Government of Nepal on a civil case, the concerned person shall give a notice thereof to that office or the chief of that office against which the lawsuit has to be made. (2) If a notice is received pursuant to sub-section (1), the concerned office or chief of that office shall have to obtain consultation or clearance of another office or body wherever so required. (3) If a notice is received pursuant to sub-section (1) and there is any reason why the lawsuit should not have been made on that matter, the concerned office or chief of that office shall give information thereof, along with clear reason for the same, to the concerned person within thirty days after the date of receipt of information pursuant to that sub-section. (4) If no information is given within the period as referred to in sub-section (1) or the said reason why the lawsuit should not have been made is not reasonable, the concerned person may file a lawsuit within thirty five days after the date of receipt of such information. 279. Application of Code and law on other matters: This Chapter shall apply to the matters set forth in this Chapter, and the other Chapters and law shall apply to the other matters not set forth in this Chapter, in relation to civil cases in which the Government of Nepal is plaintiff or party. Chapter-24 Miscellaneous 280. Compensation to be determined: (1) If, on a case in which compensation may be obtained pursuant to law for any loss or damage caused to a person by the violation of right or interest of that person, that person makes a claim for compensation, the court shall, in deciding the case, determine the compensation. Civil procedure code
Civil procedure code

(2) In determining the compensation pursuant to sub-section (1), the following matters may be taken into consideration except as otherwise provided by law for the determination of compensation: (a) Actual loss or damage caused from the violation, (b) Loss in income caused from the violation, (c) Additional loss resulted from the violation. (3) Notwithstanding anything contained elsewhere in this Section, in determining the compensation, compensation shall be determined only on the basis of the actual loss resulted from the violation of the right or interest of any person and the actual loss resulted or likely to result from that cause, and compensation may not be determined on remote matters. 281. Guardian may file case with the leave of court: (1) In making or submitting a plaint, statement of defense, memorandum of appeal or petition on behalf of a minor who has not attained the age as referred to in law, an infirm person due to old age despite attaining the age, a person who is blind or dumb or a person who is insane, the guardian of such a person may, with the leave of the court upon a separate petition, along with the plaint, statement of defense, memorandum of appeal or petition, make or submit the plaint, statement of defense, memorandum of appeal or petition. (2) There shall be examined evidence first as to whether a person is a minor, a person is inform due to old age despite attaining the age, is a blind, dumb or insane or not, pursuant to sub-section (1), and if so proved, the guardian may make or submit a plaint, statement of defense, memorandum of appeal or petition on behalf of that person despite failing a power of attorney or authorization. (3) If a petition is made for a leave pursuant to sub-section (1), the court shall examine the petition and make decision on the petition on the same day as on which the petition is made for leave. 282. Institution of case on behalf of disappeared person: (1) In making or submitting a plaint, statement of defense, memorandum of appeal or petition on behalf of a disappeared person, the heir to such a person may, with the leave of the court upon a separate petition, along with the plaint, statement of defense, memorandum of appeal or petition, make or submit the plaint, statement of defense, memorandum of appeal or petition. Explanation: For the purposes of this Section, the expression "disappeared person" means a person who has left the house without information since consecutive three years ago or who has gone abroad but it is uncertain that he/she will return to Nepal. (2) There shall be examined evidence first as to whether a person is a disappeared person or not, pursuant to sub-section (1), and if so proved, the heir may make or submit a plaint, statement of defense, memorandum of appeal or petition on behalf of that person despite failing a power of attorney or authorization. Civil procedure code
Civil procedure code

(3) If a petition is made for a leave pursuant to sub-section (1), the court shall examine the petition and make decision on the petition within fifteen days after the making of petition for leave. (4) The provision of limitation shall not apply in the case as referred to in sub-section (3). 283. Undertaking to accept case: (1) Where a case is being proceeded with any court upon a plaint or memorandum of appeal being filed by person, and any party of the case dies or becomes of unsound of mind or disappears prior to the judgment on that case and consequently the time-limit and due date appointed by the court gets expired, the heir to that party may make a petition to the court, undertaking to accept the case, for the extension of the time-limit and due date, within twenty one days from the date of his/her death, being of unsound mind or disappearance, excluding the time required for journey. (2) If, upon examining a petition made pursuant to sub section (1), the contents seem to be reasonable, the court may order to allow to undertake to accept the case and to extend the expired time limit or due date. 284. Hearing of cases to be conducted in open bench: (1) The court shall conduct hearing of cases in open bench. (2) Notwithstanding anything contained in sub-section (1), if any party of the case makes a petition setting out the reasons for conducting in camera the hearing of a case of family relation, establishment of relation and divorce, and the request of petition seems to be reasonable or if the court itself deems that it is appropriate to conduct in camera the hearing of any case, the court shall make an order to conduct in camera the hearing of the case. (3) Where an order is made to conduct in camera the hearing of a case pursuant to sub-section (2), the court shall prohibit the access of any person other than the parties of that case or their attorneys, law practitioners appointed by the parties or such other persons or employees as the judge considers necessary. (4) Notwithstanding anything contained elsewhere in this Section, if the court considers it reasonable to prevent the access of any person for the public security reason, the court may prohibit the access of such person to the bench. 285. Requirement to make proceeding in presence of parties: In conducting hearing of cases pursuant to Section 271 or deciding issues to be settled, such proceeding shall be conducted in presence of the parties. Provided that even if any party is not present on the due date appointed for the hearing of a case, nothing shall be deemed to bar the deciding, and reaching the verdict on, the case. 286. Civil procedure code
Civil procedure code

Priority order of trying cases: (1) The court shall proceed, hear and settle cases as per the following order of priority: (a) A case in which a disabled or a minor is a party, (b) A case in which a physically infirm person or aged having attained more than seventy five years of age is a party, (c) A case relating to name-giving function or settlement of relationship, (d) A case relating to alimony, (e) A case relating to divorce, (f) A case registered earlier according to the order of registration of cases. (2) Notwithstanding anything contained in sub-sections (1), if there are cases of more than one nature in the same order, the case registered earlier shall be proceeded, heard and adjudicated first. (3) Notwithstanding anything contained in sub-sections (1), and (2), the court may, in view of the gravity and propriety of any case, proceed, hear and adjudicate such a case by according priority to it. 287. Judge not to try case involving conflict of interest: (1) No judge shall, in proceeding, hearing and adjudicating cases pursuant to this Code, proceed, hear and adjudicate the following case: (a) A case to or in which his/her right, interest or concern or that of his/her close relative is involved, Explanation: For the purposes of this Section, the term close relative means a person who is in the order of priority to inherit his/her property upon succession, in accordance with law, maternal uncle, maternal aunt, mother's elder sister, mother's younger sister, father's elder brother, father's younger brother, mother-in-law, father-in-law on the side of husband or wife, fathers sister, fathers sister's husband, elder brother-in-law, younger brother-in-law, sister-in-law, elder sister, younger sister, daughter, son-in-law, nephew, niece's husband, or any person residing in an undivided family of such relative person. (b) A case in which he/she was an attorney, law practitioner or witness at any time, (c) A case which was decided by himself or herself as the judge in any court or in which he/she made final order, (d) A case in which he/she has given an opinion on whether to institute it or not at any time, (e) A case in which he/she or his/her undivided family member has a conflict of interest substantially for any other reason. (2) If there appears any circumstance as referred to in sub section (1), the case hearing judge shall make an order setting out the reason for not hearing it. (3) If any judge proceeds to try, hear or settle any case in breach of sub-section (1), any party may make a petition, accompanied by necessary evidence, for not so proceeding, hearing or adjudicating the case. (4) If a petition is received pursuant to sub-section (3), the case trying judge shall, before proceeding, hearing or adjudicating the case, ascertain whether the request or claim of such a petition is reasonable or not, and make an order to that effect if the judge should not hear the case. Civil procedure code