yamraj047/nepali-legal-rag-data huggingface dataset:
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 257: To maintain concerned person as party:
(1) If, in the course of proceeding, any case filed with the Government of Nepal, Provincial Government or Local Level being a plaintiff pursuant to Section 254 does not appear to be a case in which the Government of Nepal, Provincial Government or Local Level is a plaintiff, the court shall make order accordingly and summon the appearance of the concerned person. If the concerned person appears in pursuance of the court order and takes over the case, he or she shall be maintained as the plaintiff party and the case shall be proceeded, heard and adjudicated from the case-file of that case.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 258: Provisions relating to institution of other civil cases:
(1) The authority specified by the concerned law for the purpose of instituting civil cases other than those filed pursuant to Section 254 or collecting evidence or the chief of the concerned office if such an authority is not specified shall collect evidence and send the casefile, along with evidence and his or her opinion, to the concerned government attorney for a decision to or not to institute the case in such a manner as not to expire the statute of limitation. 184
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 258: Provisions relating to institution of other civil cases:
Subsection (2)
(1) The If the case-file is received pursuant to sub-section (1), the government attorney shall study the case-file and decide to or not to institute the case, and return the received case-file to the concerned authority in such a manner as not to expire the statute of limitation for filing the case, along with a description of the matter on which and the person against whom the case should be instituted, if decision to institute the case is made.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 258: Provisions relating to institution of other civil cases:
Subsection (3)
(1) The If a decision to institute the case is made by the government attorney pursuant to sub-section (2), the concerned authority shall prepare, affix his or her signature and thumb impression on, a plaint and file the case in the concerned court within the statute of limitation.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 258: Provisions relating to institution of other civil cases:
Subsection (4)
(1) The After a case is filed pursuant to sub-section (3), the concerned authority shall provide a copy of the case-file related to such a case to the government attorney.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 259: Provision relating to statute of limitation:
(1) If a suit is to be made on a civil matter in the name of any person by the Government of Nepal, Provincial Government or Local Level, such a suit shall be made within the statute of limitation, if any, specified by this Act and other law for that purpose, and if such statute of limitation is not specified, within two years after the date on which the Government of Nepal, Provincial Government or Local Level knew the accrual of the cause of action. Provided that if this Act and other law provide for nonapplicability of a statute of limitation to a suit or there is no any 185 statute of limitation or provides that suit can be made any time, a suit may be made any time.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 259: Provision relating to statute of limitation:
Subsection (2)
(1) If a suit is to be For the purposes of sub-section (1), if the concerned authority of the Government of Nepal, Provincial Government or Local Level office knows the accrual of the cause of action, the Government of Nepal, Provincial Government or Local Level shall be deemed to know it.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 260: Provision relating to deposition of witness or submission of
evidence: (1) If a case is filed pursuant to Section 254, the person who submits a information report or notice on that matter shall be deemed to be a witness of the plaintiff party.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 260: Provision relating to deposition of witness or submission of
Subsection (2)
The concerned authority shall be responsible for producing or providing, through the government attorney, the witness or evidence of a case filed pursuant to Section 254 and other civil case with the Government of Nepal or Provincial Government being defendant on the day appointed by the court to that end.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 260: Provision relating to deposition of witness or submission of
Subsection (3)
The government attorney shall make deposition of a witness or submit evidence in a case filed pursuant to Section 254 and any other civil case in which Government of Nepal or Provincial Government is a plaintiff.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 260: Provision relating to deposition of witness or submission of
Subsection (4)
If it is essential to examine any witness in a case filed pursuant to Section 254, the witness may be summoned and examined as if he or she were a witness to be essentially examined in a criminal case. 186
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 261: Government attorney to make pleading and defense:
(1) The government attorney shall plead and defend a case filed pursuant to Section 254.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 261: Government attorney to make pleading and defense:
Subsection (2)
(1) The Except as provided for in sub-section (1), the government attorney may, if so requested by the concerned body, plead and defend a civil case instituted by the Government of Nepal as plaintiff or against the Government of Nepal, Provincial Government or Local Level, as the opponent party.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 262: To give time-limit:
(1) The court shall give a time-limit of seventy days to tender an appeal in a case filed pursuant to Section 254.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 262: To give time-limit:
Subsection (2)
(1) The court shall give a time-limit of seventy If the time-limit given pursuant to sub-section (1) expires and the concerned party makes a petition, showing a reasonable ground, to the court, the court may extend the time-limit of up to thirty days, in addition to the time-limit extendable under Chapter-8.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 263: Authority responsible for making appeal, petition for review or
revision of case: (1) The concerned government attorney shall be responsible for tendering an appeal in, or petition for the review or revision of, a civil case filed pursuant to Section 254.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 263: Authority responsible for making appeal, petition for review or
Subsection (2)
Except as provided for in sub-section (1), the concerned authority or chief of office himself or herself may tender an appeal in, or petition for the review or revision of, a civil case instituted by or against the Government of Nepal, Provincial Government or Local Level. 187 Provided that the government attorney may, if so requested by the concerned authority or chief of office, tender an appeal in, or petition for the review or revision of, such a case.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 264: Procedure for making suit against Government of Nepal:
(1) If it is necessary to make a law-suit in a civil case against the Government of Nepal, Provincial Government or Local Level, the concerned person shall give a notice thereof to the office against which the law-suit has to be made or the chief of such an office.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 264: Procedure for making suit against Government of Nepal:
Subsection (2)
(1) If it If a notice is received pursuant to sub-section (1), the concerned office or chief of that office shall consult with, or obtain a sanction from, any other office or body if such consultation or sanction is necessary.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 264: Procedure for making suit against Government of Nepal:
Subsection (3)
(1) If it If, upon necessary inquiry into the matter of the notice received pursuant to sub-section (1), there is any reason for not filing a law-suit, the concerned office or chief of that office shall give information thereof, along with the clear reason therefor, to the concerned person within thirty days of the date of receipt of such a notice.
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 264: Procedure for making suit against Government of Nepal:
Subsection (4)
(1) If it If the concerned office or chief of that office does not give any information about that matter within the period referred to in sub-section (3) or even though information has been so given as not to file a suit, the reason therefor does not appear reasonable, the concerned person may file a law-suit within thirty-five days of the date of expiration of the period or receipt of such information. 188
The National Civil Procedure (Code) Act, 2017
Chapter-23: Provisions Relating to Civil Cases Involving Government as Plaintiff
Section 265: Other matters to be governed by Act and law: The matters
contained herein as to the civil cases with the Government of Nepal, Provincial Government or Local Level being a plaintiff or party shall be governed by this Chapter and other matters not set forth in this Chapter shall be governed by the other Chapters of this Act and law. 189
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 266: Compensation to be determined:
(1) If the concerned person claims for compensation in a case in which compensation may be awarded by law, the court shall, in deciding the case, determine compensation.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 266: Compensation to be determined:
Subsection (2)
(1) If the concerned person Except as otherwise provided for in law, in determining compensation pursuant to sub-section (1) the following matters shall be considered : (a) Actual loss caused from the damage, (b) Loss in income caused by the reason of damage, (c) Additional loss suffered by the reason of damage.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 266: Compensation to be determined:
Subsection (3)
(1) If the concerned person In determining compensation pursuant to sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 266: Compensation to be determined:
Subsection (1)
(1) If the concerned person , the actual loss by the reason of the violation of right or interest of any one or actual loss resulted or likely to be resulted from such violation shall be ascertained and compensation shall be determined merely on the basis thereof; and compensation cannot be determined on a remote matter.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 267: Case may be filed on behalf of minor, infirm and disappeared
person: (1) Minor who has not attained the age of majority under the law or in spite of attaining the legal age of majority, a person who is infirm due to old age, with visual or speech impairment, of unsound mind or is disappeared person, on his or her own, or where he or she is not able to do so on his or her own, his or her guardian or curator 190 may, on his or her behalf, make or submit a plaint, statement of defense, memorandum of appeal or petition. Explanation: For the purposes of this Section, the term "disappeared person" means a person who has left the house without notice for three consecutive years or who has gone abroad but it is uncertain whether he or she will return.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 267: Case may be filed on behalf of minor, infirm and disappeared
Subsection (2)
A guardian or curator shall make a separate petition to the court for a leave for making or submitting a plaint, statement of defense, memorandum of appeal or petition on behalf of such persons pursuant to sub-section (1).
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 267: Case may be filed on behalf of minor, infirm and disappeared
Subsection (3)
If a petition is received pursuant to sub-section (2), the court shall first examine evidence as to whether or not the person referred to in the petition is a minor or in spite of attaining the legal age of majority, is infirm due to old age, with visual or speech impairment, of unsound mind or disappeared person, and if the petitioner's statement appears reasonable upon making such an examination, it may grant a leave for making or submitting a plaint, statement of defense, memorandum of appeal or petition on behalf of that person in spite of a power of attorney or authorization.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 267: Case may be filed on behalf of minor, infirm and disappeared
Subsection (4)
The court shall decide a petition for a leave pursuant to sub-section (3) within seven days of the making of such petition.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 267: Case may be filed on behalf of minor, infirm and disappeared
Subsection (5)
Notwithstanding anything contained in sub-section (4), the court shall decide a petition for a leave for making or submitting a plaint, statement of defense, memorandum of appeal or petition on 191 behalf of a disappeared person within fifteen days of the making of such petition for the leave.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 268: Cases to be heard in open bench:
(1) The court shall hear cases in open bench.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 268: Cases to be heard in open bench:
Subsection (2)
(1) The court shall hear cases in Notwithstanding anything contained in sub-section (1), if any party to the case makes a petition, setting out the reason for conducting in camera the hearing of a case related to family relation, establishment of relation, marriage or divorce, and the statement of petition appears reasonable or if the court, on its own motion, deems it reasonable to conduct the hearing of a case in camera, the court shall order such a case to be heard in camera.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 268: Cases to be heard in open bench:
Subsection (3)
(1) The court shall hear cases in If an order is made to conduct hearing in camera pursuant to sub-section (2), the access of any person other than the parties to that case or their attorneys, law practitioners appointed by the parties and such other persons or employees as ordered by the judge shall be prohibited.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 268: Cases to be heard in open bench:
Subsection (4)
(1) The court shall hear cases in Notwithstanding anything contained elsewhere in this Section, if the court considers it reasonable to prevent any person from entering into the bench for reason of public security, the court may prohibit the entry of such a person into the bench.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 269: Proceeding to be made in presence of parties: In conducting the
hearing of a case or deciding the issue to be adjudged, such proceeding shall be conducted in presence of the parties. 192 Provided that even if any party is not present on the date appointed for the hearing of a case, nothing shall be deemed to bar from deciding and adjudging the case.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 270: Priority order for trying cases:
(1) The court shall proceed, hear and adjudicate cases in the following order of priority: (a) A case in which a person with disability or minor is a party, (b) A case in which a person with physical disability or over seventy-five years of age is a party, (c) A case relating to the matter of name-giving 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.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 270: Priority order for trying cases:
Subsection (2)
(1) The court shall proceed, hear Notwithstanding anything contained in sub-section (1), if there are cases of more than one nature in the same order, the case registered earlier shall be proceeded, heard and adjudicated.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 270: Priority order for trying cases:
Subsection (3)
(1) The court shall proceed, hear 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.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 271: Not to try case involving conflict of interest:
(1) No judge shall proceed, hear and adjudicate any of the following cases: 193 (a) A case involving right, interest or concern of him or her or of his or her close relative, Explanation: For the purposes of this Section, the term “close relative” means a person who is in the order of priority to succeed to his or her property in accordance with law when succession is open, maternal uncle, maternal aunt, mother's elder sister, mother's younger sister, father's elder brother, father's younger brother, mother-in-law, father-inlaw on the side of husband or wife, father’s sister, father’s sister's husband, elder brother-in-law, younger brother-in-law, sister-in-law, elder sister, younger sister, elder sister's husband, sister's husband, son-in-law, nephew, niece, niece's husband, niece's daughter-in-law or any person having such relation in the family. (b) A case in which he or she has become an attorney, law practitioner or witness on any occasion, (c) A case which he or she, in capacity of the judge, has decided or made a final order, in any court, (d) A case in which he or she has given opinion as to whether or not to institute it on any occasion, (e) A case involving, for any reason, a substantial conflict of interest of him or her or a family 194 member jointly living with him or her or of any person referred to in clause (a).
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 271: Not to try case involving conflict of interest:
Subsection (2)
(1) No judge shall If there appears any circumstance referred to in subsection (1), the case trying judge shall make an order to that effect, setting out the reason to refrain from trying it.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 271: Not to try case involving conflict of interest:
Subsection (3)
(1) No judge shall If any judge proceeds to try, hear or adjudicate any case in a manner contrary to sub-section (1), any party may make a petition, accompanied by necessary evidence, for not so proceeding, hearing or adjudicating the case.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 271: Not to try case involving conflict of interest:
Subsection (4)
(1) No judge shall If a petition referred to in sub-section (3) is received, 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 try the case.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 271: Not to try case involving conflict of interest:
Subsection (5)
(1) No judge shall If an order is made pursuant to sub-section (2) or (4), another judge in the same court shall proceed, hear and adjudicate the case, and failing such a judge, the case-file, specifying by the reason therefor, shall be sent to the nearest court of the same level to proceed, hear and adjudicate the case, and the date shall also be appointed for the parties to appear in that court.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 271: Not to try case involving conflict of interest:
Subsection (6)
(1) No judge shall If a case-file is received pursuant to sub-section (5), such a court shall proceed, hear and adjudicate such a case despite that it is not within its jurisdiction. 195
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 272: Acts to be performed by judge himself or herself:
(1) The judge himself or herself shall perform the following acts, out of the acts to be performed by the court pursuant to this Act: (a) Taking statement of a party, (b) Taking an oath of a witness, (c) Taking deposition of a witness, (d) Making an interim or interlocutory order, (e) Executing an order sheet of matters to be decided in a case, (f) Issuing order for the examination of evidence, (g) Conducting preliminary hearing and pre-trial discussion of a case, (h) Conducting hearing, (i) Effecting a deed of compromise, (j) Passing a judgment or issuing any kind of final order.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 272: Acts to be performed by judge himself or herself:
Subsection (2)
(1) The judge Notwithstanding anything contained in sub-section (1), the judge may, for the purpose of taking or recording a statement or deposition, take assistance of an employee whose rank is at least non-gazette first class in the court, if available, and of an employee whose rank is at least non-gazette second class, failing such a first class employee. 196
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 273: Document to be translated:
(1) If any document written in any language other than the Nepali language is submitted to the court in the form of evidence, and it appears necessary to translate such a document in the Nepali language, the court may order the party who has submitted such a document to submit a translation of the document in the Nepali language.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 273: Document to be translated:
Subsection (2)
(1) If any document written in any If an order is made pursuant to sub-section (1), the concerned party shall get the document translated in the Nepali language and submit a certified copy thereof to the court.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 274: Assistance of interpreter may be taken:
(1) The court may take assistance of an interpreter of the concerned language for taking statement or deposition of any party or witness who is unable to understand the Nepali language, or for any other purpose.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 274: Assistance of interpreter may be taken:
Subsection (2)
(1) The court may take The concerned party shall bear the expenses incurred in taking assistance of the interpreter for taking statement or deposition pursuant to sub-section (1).
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 275: Power to ask parties to case at any time:
(1) The judge may, prior to passing judgment in a case, order and ask any matter to its parties at any time.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 275: Power to ask parties to case at any time:
Subsection (2)
(1) The judge may, prior The responses given by the concerned party to the case pursuant to sub-section (1) shall be recorded and enclosed in the case-file.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 276: Identity of party or witness may be kept secret:
(1) Notwithstanding anything contained elsewhere in this Act, if it appears that the disclosure of the identity of any party or witness 197 may be prejudicial to the social prestige or honor of such a party or a witness or may result in undue fear, terror or fright by any party or be prejudicial to the security of his or her body or life, the concerned party may request the court that the name, surname, address of such party or a witness or the name of his or her father or any other description which may disclose his or her identity be kept secret.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 276: Identity of party or witness may be kept secret:
Subsection (2)
(1) If a request is made pursuant to sub-section (1), the court may make order that the name, surname and address of such a party or witness and his or her father's, mother's name or his or her identity be kept secret.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 276: Identity of party or witness may be kept secret:
Subsection (3)
(1) In disclosing the name, surname, address of the person or his or her father's, mother's name or his or her identity kept secret pursuant to sub-section (1) at the time of hearing of the concerned case or publishing the details pertaining thereto, such disclosure shall be made under nick name, surname, address or description in pursuance of the order of the court.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 277: Duty to assist in witnessing and affixing signature and thumb
impression: (1) Any person bound to witness an act or action or affix his or her signature or thumb impression on a document prepared by the court in the course of any proceeding pursuant to this Act shall assist the court by so witnessing the act or action or affixing signature or thumb impression on the document.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 277: Duty to assist in witnessing and affixing signature and thumb
Subsection (2)
If any person refuses to witness or affix signature or thumb impression on a document pursuant to sub-section (1) and continues to refuse to so witness or affix signature or thumb 198 impression on such a document in spite of making him or her understand the consequence thereof, the employee executing that act or document shall execute such a document which shall be signed by any other two persons present and by himself or herself, setting out that matter and remarks, along with the reason for the failure of such a person to witness or affix signature or thumb impression on the concerned document.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 277: Duty to assist in witnessing and affixing signature and thumb
Subsection (3)
Any document executed pursuant to sub-section (2) shall be deemed to have been executed in fulfillment of the legal requirements.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 277: Duty to assist in witnessing and affixing signature and thumb
Subsection (4)
The court may sentence a person who makes obstruction to or does not render assistance in the action of the court pursuant to this Section to a fine not exceeding five thousand rupees.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 278: Saving of act done in good faith: No judge or other employee may
be subject to any action in relation to any act done or action taken in good faith in accordance with this Act or the rules framed under this Act.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 279: Not to be invalid by reason of printing or mathematical error
Subsection (1)
If there is any minor error or omission in respect of the procedures referred to in this Act while proceeding, hearing and adjudicating a case, or mathematical or any other minor error or omission in writing or printing while preparing any document, all acts and proceedings relating thereto shall not be deemed to be invalid merely by that reason. 199
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 279: Not to be invalid by reason of printing or mathematical error
Subsection (2)
If there is any mathematical or other minor error or omission in writing or printing while proceeding, hearing and adjudicating a case or while preparing any document pursuant to sub-section (1), the judge may, by executing a separate memorandum, so correct such error or omission as not to affect the decree.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 280: Receipt to be taken or given:
(1) In returning any original document submitted in the court to any person or handing over any original document by the court to any person, a receipt or proof to the effect that such a document has been so returned or handed over shall be executed or taken and enclosed in the case-file.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 280: Receipt to be taken or given:
Subsection (2)
(1) In returning any original The court shall, while receiving any document submitted by any person to it, give a receipt thereof to that person.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 281: Petition fee: Except as otherwise provided for in this Act, any
petition to be submitted to the court shall be charged with a fee of ten rupees.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 282: Publication of process or notice: In publishing any process or
notice by the court in a national daily newspaper pursuant to this Act, it shall be published in a national daily newspaper to be published by a body owned by the Government of Nepal on the day fixed by the Supreme Court.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 283: To order for departmental action:
(1) Except as otherwise provided for in this Act, if any employee bound to discharge any act referred to in this Act does not discharge such an act within the period specified by this Act, the aggrieved party may make a 200 complaint to the judge of the concerned court against such an employee.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 283: To order for departmental action:
Subsection (2)
(1) Except as otherwise If a complaint referred to in sub-section (1) is made and examination of such employee shows that he or she has not discharged the act in time for no reasonable reason, the judge may order to take departmental action against him or her.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 284: Index of documents: There shall be maintained an index of
documents in each case in the format referred to in Schedule-29, and such an index shall record the serial number and details of the documents, in order of the date of registration.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 285: Disposal of documents:
(1) After five years of the final decision of a case, the court shall dispose the documents, except the following documents enclosed in the case-file of the said case: (a) Plaint, (b) Statement, (c) Statement of defense or counterclaim, (d) Process issued in the name of a party, (e) Map or design related with the case, (f) Originals of documentary evidence, (g) Deed of compromise, (h) Memorandum of appeal, (i) Petition made for review or revision of the case, (j) Judgment, decision, final order made by the court, 201 (k) Such other document as considered necessary to be preserved in accordance with law.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 285: Disposal of documents:
Subsection (2)
(1) After five years of the final decision of The Shrestedar (registrar of the court) shall, prior to the disposal of documents pursuant to sub-section (1), prepare an inventory of the documents to be disposed, and affix his or her signature or thumb impression on the inventory.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 286: Power to alter in Schedule: The Government of Nepal may, by a
notification in the Nepal Gazette, make necessary alteration, or change in the Schedules.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 287: Power to remove difficulty: If there arises any difficulty in relation
to the court procedures in the course of implementation of this Act, the Full Court of the Supreme Court may make necessary provision in order to remove such difficulty.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 288: Power to frame rules: The Supreme Court may frame necessary
rules on matters of court procedures, for the implementation of this Act.
The National Civil Procedure (Code) Act, 2017
Chapter-24: Miscellaneous
Section 289: Power to frame guidelines: The Supreme Court may, subject to this
Act and the rules framed hereunder, frame necessary guidelines for the implementation of this Act.
THE CONSTITUTION OF NEPAL
Part-1
Section 1: Constitution as the fundamental law:
(1) This Constitution is the fundamental law of Nepal. Any law inconsistent with this Constitution shall, to the extent of such inconsistency, be void.
THE CONSTITUTION OF NEPAL
Part-1
Section 1: Constitution as the fundamental law:
Subsection (2)
(1) This Constitution is the fundamental It shall be the duty of every person to observe this Constitution.
THE CONSTITUTION OF NEPAL
Part-1
Section 2: Sovereignty and state authority: The sovereignty and state authority of Nepal
shall be vested in the Nepalese people. It shall be exercised in accordance with the provisions set forth in this Constitution.
THE CONSTITUTION OF NEPAL
Part-1
Section 3: Nation: All the Nepalese people, with multiethnic, multilingual, multi-religious,
multicultural characteristics and in geographical diversities, and having common aspirations and being united by a bond of allegiance to national independence, territorial integrity, national interest and prosperity of Nepal, collectively constitute the nation.
THE CONSTITUTION OF NEPAL
Part-1
Section 4: State of Nepal:
(1) Nepal is an independent, indivisible, sovereign, secular, inclusive, democratic, socialism-oriented, federal democratic republican state. Explanation: For the purposes of this Article, "secular" means religious, cultural freedoms, including protection of religion, culture handed down from the time immemorial.
THE CONSTITUTION OF NEPAL
Part-1
Section 4: State of Nepal:
Subsection (2)
(1) Nepal is an independent, indivisible, sovereign, secular, The territory of Nepal shall comprise: (a) the territory existing at the time of commencement of this Constitution, and (b) such other territory as may be acquired after the commencement of this Constitution.
THE CONSTITUTION OF NEPAL
Part-1
Section 5: National interest:
(1) Safeguarding of the freedom, sovereignty, territorial integrity, nationality, independence and dignity of Nepal, the rights of the Nepalese people, border security, economic wellbeing and prosperity shall be the basic elements of the national interest of Nepal.
THE CONSTITUTION OF NEPAL
Part-1
Section 5: National interest:
Subsection (2)
(1) Safeguarding of the freedom, sovereignty, territorial Any conduct and act contrary to the national interest shall be punishable by the Federal law.
THE CONSTITUTION OF NEPAL
Part-1
Section 6: Languages of the nation: All languages spoken as the mother tongues in Nepal
are the languages of the nation.
THE CONSTITUTION OF NEPAL
Part-1
Section 7: Official language:
(1) The Nepali language in the Devnagari script shall be the official language of Nepal.
THE CONSTITUTION OF NEPAL
Part-1
Section 7: Official language:
Subsection (2)
(1) The Nepali language in the Devnagari script shall be the A State may, by a State law, determine one or more than one languages of the nation spoken by a majority of people within the State as its official language(s), in addition to the Nepali language.
THE CONSTITUTION OF NEPAL
Part-1
Section 7: Official language:
Subsection (3)
(1) The Nepali language in the Devnagari script shall be the Other matters relating to language shall be as decided by the Government of Nepal, on recommendation of the Language Commission.
THE CONSTITUTION OF NEPAL
Part-1
Section 8: National flag:
(1) The national flag of Nepal consists of two juxtaposed triangular figures with a crimson-coloured base and deep blue borders, there being a white emblem of the crescent moon with eight rays visible out of sixteen in the upper part and a white emblem of a twelve rayed sun in the lower part.
THE CONSTITUTION OF NEPAL
Part-1
Section 8: National flag:
Subsection (2)
(1) The national flag of Nepal consists of two juxtaposed The method of drawing out the flag and other particulars relating thereto shall be as set forth in Schedule-1.
THE CONSTITUTION OF NEPAL
Part-1
Section 9: National anthem etc:
(1) The national anthem of Nepal shall be as set forth in Schedule-2.
THE CONSTITUTION OF NEPAL
Part-1
Section 9: National anthem etc:
Subsection (2)
(1) The national anthem of Nepal shall be as set forth in The coat-of-arms of Nepal shall be as set forth in Schedule-3.
THE CONSTITUTION OF NEPAL
Part-1
Section 9: National anthem etc:
Subsection (3)
(1) The national anthem of Nepal shall be as set forth in The Rhododendron Arboreum shall be the national flower, Crimson Colour shall be the national colour, the Cow shall be the national animal and the Lophophorus shall be the national bird of Nepal.
THE CONSTITUTION OF NEPAL
Part-2
Section 10: Not to deprive of citizenship:
(1) No citizen of Nepal may be deprived of the right to obtain citizenship.
THE CONSTITUTION OF NEPAL
Part-2
Section 10: Not to deprive of citizenship:
Subsection (2)
(1) No citizen of Nepal may be deprived of the There is a provision of single federal citizenship with State identity in Nepal.
THE CONSTITUTION OF NEPAL
Part-2
Section 11: To be citizens of Nepal:
(1) The persons who have obtained the citizenship of Nepal at the time of commencement of this Constitution and who are qualified to obtain citizenship in accordance with this Part shall be the citizens of Nepal.
THE CONSTITUTION OF NEPAL
Part-2
Section 11: To be citizens of Nepal:
Subsection (2)
(1) The persons who have obtained the citizenship of The following person who has his or her permanent domicile in Nepal at the time of commencement of this Constitution shall be the citizen of Nepal by descent: (a) a person who has obtained the citizenship of Nepal by descent prior to the commencement of this Constitution, (b) a person whose father or mother was a citizen of Nepal at his or her birth.
THE CONSTITUTION OF NEPAL
Part-2
Section 11: To be citizens of Nepal:
Subsection (3)
(1) The persons who have obtained the citizenship of A child of a citizen having obtained the citizenship of Nepal by birth prior to the commencement of Nepal shall, upon attaining majority, acquire the citizenship of Nepal by descent if the child's father and mother both are citizens of Nepal.
THE CONSTITUTION OF NEPAL
Part-2
Section 11: To be citizens of Nepal:
Subsection (4)
(1) The persons who have obtained the citizenship of Every minor who is found within Nepal and the whereabouts of whose father and mother are not known shall, until the father or the mother of the child is traced, be a citizen of Nepal by descent.
THE CONSTITUTION OF NEPAL
Part-2
Section 11: To be citizens of Nepal:
Subsection (5)
(1) The persons who have obtained the citizenship of A person who is born in Nepal from a woman who is a citizen of Nepal and has resided in Nepal and whose father is not traced shall be provided with the citizenship of Nepal by descent. Provided that his or her father is held to be a foreign citizen, the citizenship of such person shall be converted into naturalized citizenship as provided for in the Federal law.
THE CONSTITUTION OF NEPAL
Part-2
Section 11: To be citizens of Nepal:
Subsection (6)
(1) The persons who have obtained the citizenship of A foreign woman who has a matrimonial relationship with a citizen of Nepal may, if she so wishes, acquire the naturalized citizenship of Nepal as provided for in the Federal law.
THE CONSTITUTION OF NEPAL
Part-2
Section 11: To be citizens of Nepal:
Subsection (7)
(1) The persons who have obtained the citizenship of Notwithstanding anything contained elsewhere in this Article, in the case of a person born from a woman who is a citizen of Nepal and married to a foreign citizen, the person may acquire the naturalized citizenship of Nepal in accordance with the Federal law if he or she has permanently resided in Nepal and has not acquired the citizenship of a foreign country. Provided that if such person's mother and father both are citizens of Nepal at the time of acquisition of citizenship, such person born in Nepal may acquire the citizenship of Nepal by descent.
THE CONSTITUTION OF NEPAL
Part-2
Section 11: To be citizens of Nepal:
Subsection (8)
(1) The persons who have obtained the citizenship of In the cases other than those mentioned in this Article, the Government of Nepal may, in accordance with the Federal law, grant the naturalized citizenship of Nepal.
THE CONSTITUTION OF NEPAL
Part-2
Section 11: To be citizens of Nepal:
Subsection (9)
(1) The persons who have obtained the citizenship of The Government of Nepal may, in accordance with the Federal law, grant the honorary citizenship of Nepal.
THE CONSTITUTION OF NEPAL
Part-2
Section 11: To be citizens of Nepal:
Subsection (10)
(1) The persons who have obtained the citizenship of Whenever any territory is acquired by way of merger into Nepal, a person having his or her domicile in such territory shall become a citizen of Nepal, subject to the Federal law.
THE CONSTITUTION OF NEPAL
Part-2
Section 12: Citizenship with identity of descent and gender:  A person who obtains the
citizenship of Nepal by descent in  accordance with this Constitution may obtain a certificate of citizenship of Nepal with gender identity by the name of his or her mother or father.
THE CONSTITUTION OF NEPAL
Part-2
Section 13: Acquisition, reacquisition and termination of citizenship: Other matters
relating to the acquisition, reacquisition and termination of citizenship shall be as provided for in the Federal law.
THE CONSTITUTION OF NEPAL
Part-2
Section 14: Power to grant non-resident Nepalese citizenship: The non-residential
citizenship of Nepal may be so granted to a person who has acquired the citizenship of a foreign country, has resided in a country other than a member state of the South Asian Association for Regional Cooperation, and who or whose father or mother, grandfather or grandmother was previously a citizen of Nepal by decent or birth but subsequently acquired the citizenship of the foreign country that such person may enjoy economic, social and cultural rights in accordance with the Federal law.
THE CONSTITUTION OF NEPAL
Part-2
Section 15: Other provisions relating to citizenship of Nepal: Other matters relating to the
maintenance of records setting out the identity of every citizen of Nepal and the citizenship of Nepal shall be as provided for in the Federal law.
THE CONSTITUTION OF NEPAL
Part-3
Section 16: Right to live with dignity:
(1) Every person shall have the right to live with dignity.
THE CONSTITUTION OF NEPAL
Part-3
Section 16: Right to live with dignity:
Subsection (2)
(1) Every person shall have the right to live with No law shall be made providing for the death penalty to any one.
THE CONSTITUTION OF NEPAL
Part-3
Section 17: Right to freedom:
(1) No person shall be deprived of his or her personal liberty except in accordance with law.
THE CONSTITUTION OF NEPAL
Part-3
Section 17: Right to freedom:
Subsection (2)
(1) No person shall be deprived of his or her personal liberty Every citizen shall have the following freedoms: (a) freedom of opinion and expression, (b) freedom to assemble peaceably and without arms, (c) freedom to form political parties, (d) freedom to form unions and associations, (e) freedom to move and reside in any part of Nepal, (f) freedom to practice any profession, carry on any occupation, and establish and operate any industry, trade and business in any part of Nepal. Provided that:
THE CONSTITUTION OF NEPAL
Part-3
Section 17: Right to freedom:
Subsection (1)
(1) No person shall be deprived of his or her personal liberty Nothing in sub-clause (a) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the sovereignty, territorial integrity, nationality and independence of Nepal or the harmonious relations between the Federal Units or the people of various castes, tribes, religions or communities or incite caste-based discrimination or untouchability or on any act of disrespect of labour, defamation, contempt of court, incitement to an offence or on any act which may be contrary to public decency or morality.
THE CONSTITUTION OF NEPAL
Part-3
Section 17: Right to freedom:
Subsection (2)
(1) No person shall be deprived of his or her personal liberty Nothing in sub-clause (b) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the sovereignty, territorial integrity, nationality and independence of Nepal or the harmonious relations between the Federal Units or public peace and order.
THE CONSTITUTION OF NEPAL
Part-3
Section 17: Right to freedom:
Subsection (3)
(1) No person shall be deprived of his or her personal liberty Nothing in sub-clause (c) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the sovereignty, territorial integrity, nationality and independence of Nepal, constitute an espionage against the nation or divulge national secrecy or on any act of rendering assistance to any foreign state, organization or representative in a manner to undermine the security of Nepal or on an act of sedition or on any act which may undermine the harmonious relations between the Federal Units or on any act of incitement to caste-based or communal hatred or on any act which may undermine the harmonious relations between various castes, tribes, religions and communities, or on any act of acquisition of, or restriction on, membership of any political party on the basis solely of tribe, language, religion, community or sex  or on any act of formation of a political party with discrimination between citizens or on incitement to violent acts or on any act which may be contrary to public morality.