In order to interpret and enforce laws, settle conflicts, and maintain justice, Court system is a hierarchical structure of judicial institutions. In order to uphold the rule of law and guarantee equitable treatment under legal frameworks, it is essential.
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Court
Courts are institutions established by law to solve legal dispute impartially after followed the procedures established by law
Court means bench of Judges with authority to decide the dispute.
Court System Structure
The hierarchical arrangement of courts within a legal system that is intended to effectively and efficiently handle a variety of case types is referred to as the court structure. Generally, courts are divided into groups according to their areas of jurisdiction and the types of cases they handle.
Supreme Court
Supreme court is apex Court of Nepali Court system. All judicial institutions are under the supervision of Supreme Court. Supreme Court Consists of one Chief Justice and 20 Justices.
Jurisdiction of Supreme Court: Ordinary Jurisdiction, Extra ordinary Jurisdiction, Miscellaneous Jurisdiction
Powers of Supreme Court
- To exercise original, appellate and writ jurisdiction
- To revision the decision of high court and other tribunals
- To hear the appeal of High court and others Tribunals
- To review the decision of supreme court itself
- To ultra vires the law which are contradictory with constitution
- To quash the decision of government which is against existing laws
- To interpret and protection the constitution and Public Interes and Litigation
- Decision and precedent of supreme court is binding for all.
Appointment of Justices
Chief Justice appointed by President on recommendation of Constitutional Council and Justices of Supreme court appointed by Chief Justice on recommendation of Judicial Council.
Qualification of Justices
At least three years work experience as Supreme Court Justice for Chief Justice and Five years work experience of high Court judge or 15 years experience as senior advocate and advocate or distinguished jurist or at least 12 years works experience of first class judicial officer
High Court
High Court is second tire of court structure of Nepal. Each state has one High Court and 11 Extended bench also established in various part of Nepal.
Jurisdiction of High Court: Original Jurisdiction, Appellate Jurisdiction, Writ Jurisdiction, Miscellaneous Jurisdiction
Powers of High Court
- To hear the appeal of verdict district court
- To receive the writs application
- To issues the order for court of contempt
- To Monitoring and Supervising the subordinated court
- Issues order in regarding to writ Petitions
- To change the decision of subordinated court
District Court
District Court is first instance court. According to Section 3 of Judicial Administration Act 2073, there shall be one District Court, in each district and District Courts shall be located at the headquarters of Districts.
Jurisdiction of District court: Original Jurisdiction, Appellate Jurisdiction, Writ Jurisdiction
Function and Powers of District Court
- To obtain the complaints
- To call the defendants
- To make statement of accused
- To collect the evidence
- To test the witness and other evidence
- To declare the guilt or innocent
- To execute the verdict of court
Civil Procedure
The process related civil matters is known civil procedure. Process is established by law for enforcement of civil laws is called the civil Procedure. It ensures the process to remedy for victim and punishment for accused.
Features
- It define the authority, process, time limitation to file the claim
- Prescribed jurisdiction to file suit.
- Determine the process to provide notice for defendant.
- Define the process for collection and examine of evident.
- To provide the opportunity for pleading the parties.
- To make Judgement of resolving the disputes.
- To ensure the right of appeal as per existing law.
- Execution of Judgement of Court.
Provisions of Nepalese Constitution Pertaining to Business
- Right to freedom (Article 17)
- freedom to practice any profession, carry on any occupation, and establish and operate any industry, trade and business in any part of Nepal.
- Policies relating to economy, industry and commerce (Article 51 (d) )
- To enhance national economy through participation and independent development of the public, private and cooperative sectors,
- To achieve economic prosperity by way of optimum mobilization the role of private sector in economy,
- To protect and promote domestic industries and priority to domestic investment based on Nepalese labour, skills and raw materials for the development of national economy,
- To give priority to domestic investment for the development of national economy,
Changing Dimensions of Nepalese Legal Environment
- Situation created by law to regulate, control and manage the economic, social and political aspects in the country is called the legal environment.
- Background
- We have not long written History of law
- First written law was Civil Code 1910 B.S
- Code has 163 chapter and 1400 pages. Out of 163 Chapter 57 Chapter were related with civil law
- Business Law is a part of Civil law: Under the chapter of Civil law; there are some legal provisions regarding to debt and bailment.
- New Civil Code, 2020 has some provisions relating to Contract.
- Before 1990 AD Nepal has incorpotrated adopted the State control economic policy.
- Government trading gold to salt.
- Changing Dimensions of Nepalese Legal Environment
- After the Political change of 1990 AD
- Nepal adopted the new economic policy: Privatization, Liberalization and Globalization
- Industrial Enterprise Act, 2049,
- Company Act, 2063
- General Civil Code 2074
- Arbitration Act, 2055
- Bank and Financial Act, 2063
- Foreign Direct Investment and Technology Transfer Act
- and others Regulations
- Technology and Trade, Commerce and Business.
Frequently Asked Question (FAQ)
What is a court system?
A structured network of judicial bodies called the court system is in charge of interpreting and upholding the law.
What is jurisdiction?
The ability of a court to hear and rule on a particular kind of case is known as jurisdiction.
What is the purpose of the supreme court?
As the highest court in the land, the Supreme Court decides important constitutional and legal disputes.