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Rule 40
Dastur
(1) No fee shall be charged on the petition given for the order of direct arrest.
(2) A fee of five hundred rupees will be charged for filing a petition for the issuance of an injunction. (3) A fee of fifty rupees will be charged for submitting a written answer in accordance with this regulation. But no fee will be charged for the written answer submitted by the government office. ₹Paragraph-1A. Different case management in 40A cases: (1) In the proceedings of the case filed in the court, there will be simple cases, general cases and special cases. But in the appeal proceedings, simple route and normal route will remain. (5) Addition by First Amendment. (2) Regardless of what is written in sub-rule (1), petitions for detainee identification, petitions on interim orders, petitions related to reports of special nature and other separate petitions shall not be processed.
(3) The basis for determining the route group according to this regulation shall be as mentioned in the guidelines or directives made and implemented by the Supreme Court.
(4) Subject to the existing law, the cases of simple route group should be dealt with within six months, the cases of general route group within one year and the cases of special route group within one year and six months. However, it is not considered to be a hindrance to take legal action and set aside before that time in a case in a group of ways.
(5) A case that needs to be dealt with and removed from one route group will not be invalidated just because the action is taken and removed from another route group. 40B Change of the route group of the case: (1) The case in the simple route group can be changed to the general route group and the special route group and the case in the general route group can be changed to the special route group.
(2) The grounds for changing the route group in accordance with sub-rule (1) shall be as mentioned in the guidelines or directives made and enforced by the Supreme Court. 40C Guidelines for Direction and Software Development: (1) Other matters related to the operation and implementation of different case management, directives created and implemented by the Supreme Court.It will be according to the direction.
(2) The operation and implementation of different case management shall be in accordance with the software created and implemented by the Supreme Court. 40d Creation and modification of work schedule: (1) When registering a petition, appeal, writ petition or other application to be processed like a case, the superior shall verify the work schedule by ascertaining the route set for such case.
(2) On the day of the first hearing and pre-hearing discussion after both parties have agreed on the date of the case, on that day the concerned judge may order to modify the work schedule in order to complete the rest of the work in consultation with the party present in the case or his heir or legal practitioner. 0247 But the mere fact that a party to the case is not present will not preclude changing the schedule of the case.
(3) In accordance with sub-rule (2), the revised agenda must be duly stamped by the parties present in the case and must be attached.
(4) According to sub-rules (1) and (2), if an action cannot be completed on the scheduled date, the superior may amend the schedule so as not to exceed the scheduled date for the judgment of the cause under the direction of the concerned judge.
(5) When revising the agenda according to sub-rule (4), any response from the parties to the case can be considered.
(6) According to this rule, if any work mentioned in the schedule does not need to be done or if the specified work is completed before then, such case can be dealt with and set aside in advance. 40G self-declaration form to be filled: (1) When registering a case or submitting a reply letter or a written answer or when giving a statement of the accused, the concerned party must submit their details in Schedule Eq. The following self-declaration form should be submitted to the court.
(2) Notwithstanding anything written in sub-rule (1), no such form shall be submitted on behalf of the Government of Nepal in a case or writ in which the Government of Nepal is a party or opposition.
(3) Details according to the self-declaration form submitted as per sub-rule (1) in the relevant field, case management software.Must be entered and validated in the year.