Civil Cody Codness, 2074

You are viewing the translated version of जमानत दिने व्यक्ति दायित्वबाट मुक्त हुने अवस्था.

Section 565
A condition in which the surety is released from liability

(1) Except as otherwise provided in the contract, the guarantor shall be released from his liability in any of the following cases to the following extent:
(a) If the person liable to pay the debt or fulfill the obligation alters the terms of the contract without the consent of the guarantor in a manner that materially affects the contract, in the transaction after such alteration,
(b) If there is an agreement in which the person to be discharged from the liability for which the surety has been given,
(c) If the debtor is discharged or the debt is waived by the action of the creditor,
(d) If the creditor agrees to release the liability by taking less than the amount due from the debtor or to give him more time to repay the debt or not to prosecute,
(e) If any action of the creditor adversely affects the legal treatment of the person who has to pay the debt or fulfill the obligation of the guarantor,
(f) if any security taken from the debtor is lost, damaged or returned to the debtor by the creditor to the extent equal to the value of such security,
(g) The amount to be paid to the creditor according to the contract or the obligation to be fulfilled to the extent that the person to whom such payment or fulfillment has been paid or fulfilled.
(2) Notwithstanding anything written in sub-section (1), unless otherwise provided in the contract, the guarantor shall not be released from his liability merely because the creditor has not taken legal action against the guarantor in time or has not attempted to collect the amount due.
(3) If there are two or more guarantors, if the creditor releases one of the guarantors from liability, the other guarantors will not be released from their share of liability.
(4) Notwithstanding anything written in sub-section (3), in the case where the liability of the persons giving surety cannot be separated, even if the creditor releases any person giving surety, he shall not be deemed to have been released from his liability.
(5) Otherwise in agreementApart from the provision, the guarantor shall not be released from fulfilling the obligations under the guaranty agreement just because there is a dispute between the parties regarding the guaranty agreement for the fulfillment of the obligations.
Civil Cody Codness, 2074
प्रारम्भिक
व्यक्ति सम्बन्धी कानून
पारिवारिक कानून
Chapter - 4
Section 105: Motherhood or paternity determined by mother, fatherSection 106: It will be presumed that the child was born to a married husbandSection 107: who can deny paternitySection 108: to claim son, daughter or paternitySection 109: The paternity of a child born through artificial insemination is the father'sSection 110: To be determined by the courtSection 111: to get first and last nameSection 112: Names of mother, father, father and grandfather can be mentionedSection 113: Birth of son, daughter to be registeredSection 114: Care and maintenance requiredSection 115: in charge of mother or fatherSection 116: to take necessary care and maintenanceSection 117: to get meeting facilitiesSection 118: The rights of sons and daughters will continueSection 119: not to be separated without consentSection 120: Minors should not work as laborersSection 121: According to the decision of the father, the mother who keeps the minorSection 122: Parents should be respected, respected and cared forSection 123: Limitation
Chapter - 6
Section 135: Deemed guardianSection 136: Patron's prioritySection 137: Other person considered guardianSection 138: considered to be an organization patronSection 139: Court may appoint guardianSection 140: who can assign a supervisorSection 141: Can't be a patron: The following people can't be a patronSection 142: Fostering and care of disabled or semi-disabled personsSection 143: to maintain, protect and properly manage the propertySection 144: to keep accounting books correctSection 145: Can take legal action or defend a caseSection 146: Acting on behalf of a disabled or semi-disabled personSection 147: Able to work only according to conditionsSection 148: Termination of GuardianshipSection 149: Conservatorship does not transfer to the beneficiarySection 150: Expenses can be recoveredSection 151: Compensation for damagesSection 152: Limitation
Chapter - 8
Section 169: Adopted son or daughterSection 170: Adoption should be done in the best interest of the childrenSection 171: Those who have sons and daughters are not allowed to have adopted sons or adopted daughtersSection 172: who can adopt or adoptSection 173: not to be adopted or adoptedSection 174: Difference in age of adopter or adopter and adopterSection 175: Consent to Adoption or Placement of Adopted DaughtersSection 176: Adopted son or daughter is considered to be kept by the coupleSection 177: PROCEDURE FOR PLACEMENT OF ADOPTED OR ADOPTED DAUGHTERSection 178: Rights and rights of adopted son or daughter-in-lawSection 179: Surname of adopted son or daughterSection 180: An adopted son or an adopted daughter who cannot claim the share of the father and mother cannot claim the share of his birth parents. But,Section 181: Liability of adopter or adopteeSection 182: Responsibilities of adopted son or daughterSection 183: Facilitation of meeting and correspondence should be providedSection 184: Cancellation of adopted son or daughter-in-lawSection 185: who can revoke adoption or adoptionSection 186: End of adoption or adoptionSection 187: Limitation
Chapter - 9
Section 188: Deemed to have accepted adoption internationally Section 189: not to have an adopted son or daughter-in-law without permissionSection 190: to ensure the best interests of the child in adoption or adoptionSection 191: CHILDREN WHO CAN BE GIVEN FOR ADOPTIONSection 192: ForeignSection 193: Provisions relating to intercountry adoption or adoption boardsSection 194: to apply for adoption or adoptionSection 195: Provisions related to Selection CommitteeSection 196: Persons and children to adopt minors should be selected and recommendedSection 197: to allow adoption or adoptionSection 198: Special arrangements regarding choice of family for minors with special care needsSection 199: Adoption, special provision for adoption as adopted daughterSection 200: Details to be sentSection 201: MonitoringSection 202: A case can be filedSection 203: The provisions of the Act are applicableSection 204: Limitation
Chapter - 10
Section 205: Deemed to be anshiyarSection 206: to be equally entitled to a shareSection 207: Sons and daughters born from a couple whose marriage has ended will get a shareSection 208: to receive share from motherSection 209: to get share from father or husband's shareSection 210: The last wife or child will get a share from the husband or father's shareSection 211: that can take partSection 212: which can always varySection 213: Divorce by husband or wifeSection 214: which may be varied by the widow taking partSection 215: that can leave partSection 216: to shareSection 217: Things to be disclosed in the deed of shareSection 218: to pass deed of shareSection 219: Cannot give property without partitionSection 220: to be cleared of assetsSection 221: to be disclosed in the fieldSection 222: to be paid in installmentsSection 223: to be apportioned based on the amount receivedSection 224: Able to take distribution of unlocked propertySection 225: will be given in installments while bringing FantwariSection 226: not to hide assetsSection 227: Part-time enrollment is requiredSection 228: Non-lease of sharesSection 229: apportionment of mortgaged propertySection 230: Property or ownership can be withheld until the partitionSection 231: Partition should be arranged in such a way that there is a way or exitSection 232: Debtor cannot be appointed in a partial bond without the consent of the creditorSection 233: Compensation must be paid if the person who does not get a share cancelsSection 234: which can pay part, amount or expenseSection 235: LimitationSection 236: considered to be part
सम्पत्ति सम्बन्धि कानून
Chapter - 1
Section 251: Considered as propertySection 252: Property deemed to be movable or immovableSection 253: considered real estateSection 254: Considered movable propertySection 255: Classification of property on the basis of ownershipSection 256: considered private propertySection 257: considered property of SagolSection 258: considered joint propertySection 259: Trees, plants or things on the border are considered joint propertySection 260: Management, protection and maintenance of joint propertySection 261: Joint property cannot be altered without consentSection 262: that any owner of joint property may bring legal action or defenseSection 263: who can separate their share from the joint propertySection 264: Provisions relating to community, public, government and joint propertySection 265: Limitation
Chapter - 6
Section 314: Guthi is deemed to be establishedSection 315: Guthi can be public or privateSection 316: to apply to establish GuthiSection 317: Details to be disclosed in the memorandum of association The following details must be disclosed in the memorandum of association of the company:Section 318: to be registeredSection 319: which can be refused to register the GuthiSection 320: to transfer assets to establish GuthiSection 321: If the property is not transferred, the Guthi will be dissolvedSection 322: The operation and management of Guthi property shall be in accordance with the Articles of IncorporationSection 323: Guthi property should be operated and managed appropriatelySection 324: Guthi director to be appointedSection 325: Disqualification of Guthi DirectorSection 326: Number of Guthi DirectorsSection 327: Organized body may be the operator of theSection 328: Arrangements for the vacancy of the post of Guthi directorSection 329: to determine the order of succession of Guthi operatorsSection 330: To fulfill the duties of Guthi director in special circumstancesSection 331: to be conducted by unanimous decisionSection 332: Implementation of the purpose of the GuthiSection 333: to keep records of Guthi's propertySection 334: Protection of Guthi propertySection 335: Guthi property should not be used in such a way as to adversely affect the interests of the beneficiariesSection 336: to prevent property damageSection 337: to keep accounts of GuthiSection 338: Violation of GuthiSection 339: The deed of the Guthi property remains with the Guthi ownerSection 340: Entitled to collect income from Guthi propertySection 341: Other rights, duties and responsibilities are deemed to belong to the Guthi directorSection 342: not to be done by the Guthi operatorSection 343: Instructing the transfer of Guthi propertySection 344: who can give up the benefits of the propertySection 345: to retain ownership of the propertySection 346: which may be manipulated in the purpose of the guthiSection 347: Guthi property is not countedSection 348: If the contract is invalid, the result isSection 349: AppealableSection 350: Other Guthi Related ArrangementsSection 351: Limit
Chapter - 7
Section 352: deemed to be usufructSection 353: Succession becomes effectiveSection 354: to be writtenSection 355: to be used by the beneficiary as his own propertySection 356: Assets that cannot be used by the beneficiarySection 357: Cannot change the structure of the property without approvalSection 358: may assign, lease or mortgage the property under the successionSection 359: maintenance and care of property under trustSection 360: Loss of property acquired under succession, not to be lostSection 361: Taxes or Fees to be borne by the beneficiarySection 362: If someone makes a claim or claim, the owner must be informedSection 363: Period during which the succession arrangement will remainSection 364: which can terminate the custody arrangementSection 365: Beneficiary can return propertySection 366: deemed to have ended the succession arrangementSection 367: Limitation
Chapter - 8
Chapter - 9
Section 383: Deemed to be given in lieuSection 384: Unsafe house restoration give, not takeSection 385: Duration of house restorationSection 386: to be negotiated upon returnSection 387: Details of the house must be givenSection 388: to prepare description of goods or goodsSection 389: Liability of the landlordSection 390: Responsibilities of the assigneeSection 391: Manner and procedure for submission of reinstatementSection 392: Obligation to pay taxes and other dutiesSection 393: to insure the homeSection 394: Repair and maintenance of the restored houseSection 395: A house that has been restored can be restored to another personSection 396: Structure may not be modified without approvalSection 397: The house should not be used contrary to the agreementSection 398: Able to modify the contractSection 399: that can be inspectedSection 400: able to leave a foreclosed homeSection 401: which may remove the person in chargeSection 402: The contract of house restoration is deemed to be terminatedSection 403: to deliver goods or goods in good conditionSection 404: that can clear the houseSection 405: Limitation
Chapter - 11
Section 413: Assets deemed to be transferredSection 414: which can transfer propertySection 415: that the guardian or mathwar can sell the propertySection 416: owned by the person receiving the propertySection 417: Transfer of private propertySection 418: Joint property may be sold and transferredSection 419: not to transfer property of Sagol without obtaining permissionSection 420: Able to sell the property of the spouse for household purposesSection 421: Property of another not to be transferredSection 422: Property not to be transferred in double shiftsSection 423: Custodian or mathwar cannot give charity or boxSection 424: to receive money or compensation for not being able to enjoy the propertySection 425: Wares can transfer property rightsSection 426: Procedures to be followed by an incorporated entity when taking or giving propertySection 427: Other persons may purchase or receive propertySection 428: Can purchase or acquire property in the name of a disabled or semi-disabled personSection 429: Dismissal of filing of transfer of property to be entitled after balanceSection 430: Cannot claim that it is damaged, worn out or damagedSection 431: able to lease propertySection 432: Cannot transfer immovable property to foreignersSection 433: to be transferred if the foreigner receives a portion or allowanceSection 434: Limitation
Chapter - 12
Section 435: deemed to be pledgedSection 436: to be writtenSection 437: to enjoy the mortgaged propertySection 438: Possession of mortgaged property is deemed to have been transferredSection 439: to be enjoyed as your propertySection 440: to take proper care of the mortgaged propertySection 441: No interest, fees or charges may be chargedSection 442: Bhogbandhaki's tenure of possessionSection 443: The maximum duration of the loan isSection 444: which can reclaim the pledged property at any timeSection 445: Pledged propertySection 446: May pledge the returns or profits of the propertySection 447: that another person can pledge his property on behalf of the AsamiSection 448: The mortgaged property is indivisibleSection 449: Loss of mortgaged property, creditor liable in case of lossSection 450: Not to harass the property of the hostageSection 451: Foreigners cannot be mortgagedSection 452: Double pledge or non-transferableSection 453: Limitation
Chapter - 15
Section 474: to be considered a transactionSection 475: Regarded as having taken a loanSection 476: Transactions should not be made without writingSection 477: Things to be disclosed in the document When making aSection 478: The creditor can collect interest from the debtorSection 479: The creditor cannot collect interest from the debtorSection 480: not getting interest on interestSection 481: Cannot charge interest in excess of principalSection 482: Interest and interest should be paidSection 483: To receive interest up to the date of paymentSection 484: Duration of Deed in HomeSection 485: Non-recognition of transactions with disabled and semi-disabled personsSection 486: not being able to collect funds from Sagol's propertySection 487: Movable property not to be leased without consentSection 488: Payment of amount if transaction is found to have been madeSection 489: To be done in case of loss of household documents or uncontrollable circumstancesSection 490: to be returned if the transaction is rawSection 491: Item to be returned as isSection 492: Limit
करार तथा अन्य दायित्व सम्बन्धी व्यवस्था
Chapter - 4
Chapter - 6
Section 545: deemed to be a contract for the sale of goodsSection 546: Contract for the sale of goods is voidSection 547: Determining the price of the itemSection 548: to pay the price of the itemSection 549: Item DescriptionSection 550: deemed entitled to the goods to be soldSection 551: The item is considered to be of qualitySection 552: may accept or reject items of different qualitySection 553: deemed to be a contract to be sold after viewing the sampleSection 554: Provisions relating to transfer of ownership of goodsSection 555: to riskSection 556: Right of the buyer to confirm the goodsSection 557: Goods deemed to be delivered: Buyer shall be deemed to have delivered goods in any of the following cases:-Section 558: Time to hand over itemSection 559: Documents related to the sold goods must be submittedSection 560: not to deliver goods in quantities different from those agreed uponSection 561: SPECIAL PROVISIONS RELATING TO INDEMNIFICATIONSection 562: Limitation
Chapter - 13
Section 624: Deemed to be a Hire Purchase Agreement:Section 625: Things to mention in the Hire Purchase Agreement:Section 626: Where there is more than one contract, it shall be deemed to be a single contract:Section 627: In case of hire purchase agreement, its result:Section 628: Transfer of ownership of goods:Section 629: Care and maintenance of the rented item:Section 630: Installment amount to be paid:Section 631: The contract can be terminated by paying installments:Section 632: The contract can be terminated by returning the goods:Section 633: A lessee may transfer his rights and interests:Section 634: Being responsible if the goods are used against the conditions:Section 635: Information about the actual status of the item should be given:Section 636: The owner can terminate the contract:Section 637: Lessee's rights in case of seizure of goods:Section 638: If the lessee falls into Damasahi, the status of the leased object:Section 639: Limitation:
Chapter - 15
Section 648: Implied or quasi-contracted:Section 649: To leave in the middle for voluntarily managing the property of another (negosiorum gestio)Section 650: The person in charge of the property must take care or manage:Section 651: The person who delegates the right shall not be relieved from the obligation:Section 652: Reasonable expenses must be paid for saving property in case of disaster:Section 653: Researcher can claim:Section 654: Can claim for fostering:Section 655: The expenses incurred for the funeral of the deceased should be paid by the rightful person:Section 656: Relatives must bear the cost of raising a disabled person:Section 657: Expenses of treatment must be inquired into:Section 658: Expenditure incurred by the public body should be spent:Section 659: The amount paid by the interested party should be recorded:Section 660: Price or remuneration to be given:Section 661: Can pay the price of goods or services:Section 662: The property in possession must be kept in good condition: Section 663: Limitation:
निजी अन्तर्राष्ट्रिय कानुन सम्बन्धी व्यवस्था
Part - 6
Section 692: The provisions of this section shall apply:Section 693: The foreigner's legal capacity will be determined by:Section 694: Foreigner missing or presumed dead:Section 695: Ownership will be determined according to foreign laws:Section 696: Determining the death certificate:Section 697: Determining the Nature of Organized Organization:Section 698: Regulation of property:Section 699: Nepalese citizens must follow Nepalese laws when marrying abroad:Section 700: When a foreigner gets married in Nepal, he must follow the laws of his country:Section 701: The result of the marriage will be according to the law of your country:Section 702: Maternal and paternal authority shall be according to the laws of the country of citizenship:Section 703: According to the laws of the country of citizenship of the adopted son or adopted daughter:Section 704: Determination of Patron or Mathwar:Section 705: To be determined according to the laws of the country of residence:Section 706: Divorce done abroad will be recognized:Section 707: Ownership shall be in accordance with the laws of the country in which the property is located:Section 708: Goods shall be regulated according to the laws of the place of destination:Section 709: Contract law shall be as determined by the parties:Section 710: Documents made abroad will be recognized:Section 711: Donation boxes are governed by the laws of the donor's nationality:Section 712: Determining the liability of Drishkriti Wapat:Section 713: Liability for quasi-contract or unjust enrichment:Section 714: Other matters shall be in accordance with the valid principles of private international law:Section 715: In case of dual citizenship, it will be according to the law of the country of habitual residence:Section 716: Can give permission to prosecute cases from foreign courts:Section 717: A case under consideration in the court of Nepal can be adjourned:Section 718: Courts of Nepal shall have jurisdiction:Section 719: Other matters related to the case can also be resolved by the courts of Nepal:Section 720: If there is a treaty, it shall be as follows:Section 721: The provisions of this paragraph shall not apply: