You are viewing the translated version of निर्णय गर्नबाट पन्छिन नहुनेः.
Section 12
Don't shy away from making decisions:
(1) A judge shall not refuse to decide a case on the grounds that the law is insufficient or unclear.
(2) If the situation under sub-section (1) occurs, the judge shall make a decision based on valid principles of law and justice.
Civilization of the country (Code) Act, 2074
Preamble - 0
Chapter - 2
Section 4: Principles to be followed in civil cases:Section 5: Hearing will be held in open court:Section 6: Hearing will be conducted by competent court:Section 7: The question of right can only be determined by the court:Section 8: Disputes relating to legal status shall be adjudicated only by regular courts:Section 9: The status of the parties remains the same:Section 10: Must be entitled to file a complaint:Section 11: Jurisdiction shall not be null and void:Section 12: Don't shy away from making decisions:Section 13: Reconciliation or opportunity to reconcile:Section 14: The principle of prima facie case must be followed:Section 15: Right of appeal:
Chapter - 3
Section 16: to have jurisdictionSection 17: Jurisdiction of the courtSection 18: District Court to have jurisdictionSection 19: The district court where the defendant is located or has jurisdictionSection 20: Jurisdiction in cases relating to transactions conducted abroadSection 21: Jurisdiction of cases related to transactions in Nepali aircraft or shipsSection 22: Jurisdiction of the Upper CourtSection 23: Jurisdiction of the courtSection 24: Jurisdiction in cases where national servant is defendant or defendantSection 25: The District Court concerned shall have jurisdictionSection 26: Only one court petition is maintainableSection 27: Jurisdiction of the court hearing the appeal
Chapter - 4
Section 28: to be paid while preparing the documentSection 29: Method to deliverSection 30: to be supplied at the time of signatureSection 31: The method to be followed when typing in Lapche isSection 32: Signature to be signedSection 33: In the case of a person who is unable to sign according to section 30 in the document to be stamped or to be stamped by the custodian or guardianSection 34: Procedures for signing a document by a person who cannot signSection 35: Procedure for writing on behalf of a person in a special situationSection 36: Document validSection 37: to be mentioned in the document identifying detailsSection 38: Details of the organization to be mentionedSection 39: will be enough to sign the signatureSection 40: to be typed with sure inkSection 41: Place and date to be mentioned while preparing a documentSection 42: to be witnessedSection 43: Documents that are not received properly are not validSection 44: Document made by the causer is validSection 45: which can be registered as a bailiffSection 46: to provide a copy of the document
Chapter - 5
Section 47: to be filed within the time limitSection 48: Complaints can be filed if there is no limitation periodSection 49: Limit startsSection 50: to be filed by date knownSection 51: Complaints can be filed after leaveSection 52: Minors or non-residents shall begin the statute of limitationsSection 53: on which the limitation period beginsSection 54: The Guardian or Mathwar can appealSection 55: No postponement of limitation periodSection 56: Limitation of Transactions AbroadSection 57: Limitation of Complaint Filed in a Court Without JurisdictionSection 58: Expiration of time limitSection 60: Limitation starts from the date of receiving the approvalSection 61: The limitation period starts after the appointment of an officerSection 62: Calculation of the period of limitation
Chapter - 6
Section 63: Court fees chargedSection 64: Case cannot be processed without filing court feeSection 65: that cases can be heard without court feesSection 66: to disclose the value of the property or the propertySection 67: Basis for determining the value or valueSection 68: The price to be taken as the basis for charging court fees or notSection 69: Rate of court feeSection 70: A lump sum court fee ofSection 71: Special provisions relating to collection of court feesSection 72: Fixing the value of the previous day of the caseSection 73: Court fee on appealSection 74: Court fee for review or rehearing of a caseSection 75: to file court fees and penalty fines as per judgmentSection 76: Court fees to be filed in cashSection 77: to file unpaid court feesSection 78: Additional court fees to be refundedSection 79: who can file a complaint on the court fee fixed by the courtSection 80: Penalties for underpayment of court feesSection 81: Forfeiture of court feesSection 82: to be done if the case is settled, dismissed or dismissedSection 83: Court Fee PayerSection 84: Court fees should be paid with priority
Chapter - 7
Section 85: to submit claimSection 86: to complain about getting the rightSection 87: who can file a single complaintSection 88: The number of plaintiffs or defendants does not affectSection 89: to file a complaint only onceSection 90: Complaints must be filed within the time limitSection 91: Any person can file a petition in a dispute involving public interest or concernSection 92: A petition can be filed to maintain the rightSection 93: who can file a complaint on behalf of the organizationSection 94: No appeal should be filed regarding the decisionSection 95: Form of complaintSection 96: Claims must be clearSection 97: Firaad DasturSection 98: Registration of complaint
Chapter - 8
Section 99: which the badi can submit himselfSection 100: IssueSection 101: dueSection 102: to pay the deadlineSection 103: Expiration FormatSection 104: to be paid by the consigneeSection 105: Procedures for complianceSection 106: which can be fixed in court itselfSection 107: considered expiredSection 108: to assist maildarSection 109: Punishment of non-cooperating personSection 110: The deadline to be checkedSection 111: to reorderSection 112: The delivery person will be fined Section 113: which may be assigned to a Wares or Law PractitionerSection 114: Expiration of name of person whose home address is not foundSection 115: Expiry date of person outside the territorySection 116: Punishment for those who violate, cause or obstruct the deadline with BeritSection 117: Refund ExpirationSection 118: who can file an appeal like a reply
Chapter - 12
Section 135: to be datedSection 136: to be dated on the same daySection 137: to mention the purpose while fixing the dateSection 138: not to be datedSection 139: The following day shall be deemed to be fixedSection 140: to be informed if the person required to appear on the date is incarceratedSection 141: The action will not stop even if the date has passedSection 142: Don't stick to datesSection 143: Actions may be taken without setting a date in appeal level cases
Chapter - 13
Section 144: who can appoint an heirSection 145: Eligibility of the person to be heirSection 146: Format of Will in Power of AttorneySection 147: Can be heir to more than one case or personSection 148: Parties can be heirsSection 149: Heir may be appointed in more than one courtSection 150: Rights of heirsSection 151: Inheritance in authority should be properlySection 152: who can change heirs or sue themselvesSection 153: Provisions relating to authorized heirsSection 154: who can transfer title to immovable property through authorized heirsSection 155: Termination of legal heir status
Chapter - 15
Section 161: Evidence to be submittedSection 162: Evidence to be citedSection 163: that can demand timeSection 164: which may allow the submission of evidenceSection 165: to be returned in fullSection 166: Evidence cannot be taken without submission of counter-affidavitSection 167: Evidence to be understoodSection 168: understanding the evidence in the matter to be determinedSection 169: which the court may order to produce the documentSection 170: Order to understand evidenceSection 171: that can get the paper doneSection 172: to be declared in Sadde KirteSection 173: not to be told for fraud, fraud or fraudSection 174: Dismissal of evidence by the court hearing the appealSection 175: Proceedings, Hearings and Dismissals after Taking StatementsSection 176: The affected party should be understoodSection 177: that can be measured, checked or mappedSection 178: which can observe the place
Chapter - 16
Section 179: that the parties must produce witnessesSection 180: which can be examined by witnesses in courtSection 181: who can hire staff to understand the witnessSection 182: who can examine witnesses through audio-visual communication (video conference).Section 183: A date fixed for the parties to be examinedSection 184: Oath must be takenSection 185: Witness examination to be done by judgeSection 186: to examine the witness on the appointed dateSection 187: to be verifiedSection 188: Proof of innocenceSection 189: Close questionable
Chapter - 17
Section 190: who can decide on agreed mattersSection 191: which may hold a pre-hearing discussion of bad defendantsSection 192: to be heard after the hearing is completedSection 193: to be given a chance to settleSection 194: able to resolve disputes through conciliationSection 195: Impossibility of conciliation or conciliationSection 196: which can withdraw the claimSection 197: to be decidedSection 198: Judgment formatSection 199: Judgment not to be amendedSection 200: to be served with the document of judgment
Chapter - 19
Section 205: who can appeal within the prescribed periodSection 206: Non-appealable circumstancesSection 207: Court fee to be paid on appealSection 208: Format of appeal letterSection 209: to file an appeal with the court hearing the appealSection 210: who can file an appeal to the court that decided the caseSection 211: A government servant can file an appeal in the court of the locality where he residesSection 212: Throwing Missiles of IssueSection 213: ordering the defendant to appearSection 214: to serve a deadline on the respondentSection 215: to hear the appealSection 216: Powers of the court to hear the appealSection 217: Exercising the authority of the court of first instanceSection 218: to be heard and decided simultaneously
Chapter - 21
Section 222: Deadline or date not to be passedSection 223: Expiration date or date may be suspendedSection 224: to maintain timesSection 225: Expiry date or expiration dateSection 226: to make the caseSection 227: to calculate the expiration date of the ticketSection 228: Not to be set aside until the period of adjournment
Chapter - 22
Section 229: to be preparedSection 230: Execution of the judgment or order of the District Court concernedSection 231: Suspension of Execution of JudgmentSection 232: Execution of judgment or agreement shall not be hinderedSection 233: Who can retain an heirSection 234: to be given an opportunity to settle or reconcileSection 235: to be dated by the partiesSection 236: which can enforce the judgment by taking additional feesSection 237: to be allowed to settle the case or stop the date of passingSection 238: Procedure for running customsSection 239: Procedure for Filing, Cancellation, NominationSection 240: Mining ProceduresSection 241: Procedure for allocating fractionsSection 242: Procedure to fill the bagoSection 243: Property to be ownedSection 244: Imprisonment for misdemeanor or fineSection 245: to be done in the event of the death of the person liable to recover the debtSection 246: Exemption of fineSection 247: Execution of AgreementSection 248: Period of Recovery of Court Fees, Bonds and ExpensesSection 249: Fees for execution of judgmentSection 250: that you can complain aboutSection 251: Actions are not null and void just because there is no representativeSection 252: which may prosecute or punish for contemptSection 253: Employees will get incentive amount
Chapter - 23
Section 254: Examination and scope of civil cases in which the government is dismissedSection 255: Case filed by the government as a defaulterSection 256: to be notified if person appears to be liable to prosecutionSection 257: Adjudication of interested personsSection 258: Provisions relating to other civil proceedingsSection 259: Limitation ProvisionsSection 260: Provisions relating to call of witnesses or production of evidenceSection 261: Public prosecutors advocate and defend argumentsSection 262: ExpirationSection 263: Appellate, rehearing or revisional authoritySection 264: Procedure for filing a complaint against the Government of NepalSection 265: In other matters according to the code of laws and laws
Chapter - 24
Section 266: compensation to be determinedSection 267: who can sue on behalf of minors, infirm and missing personsSection 268: Hearing to be held in open courtSection 269: The parties must be kept in custodySection 271: Conflict of interest issues should not be consideredSection 272: Tasks to be performed by the judge himselfSection 273: Text to be translatedSection 274: who can get the help of a translatorSection 275: who can always ask the parties to the caseSection 276: which may keep the identity of a party or witness confidentialSection 277: needed to help with living and typing in RohbarSection 278: Defense in good faithSection 279: not affected by typographical or mathematical errorsSection 280: to be compensated or paidSection 281: Petition feeSection 282: Deadline or notice publicationSection 283: Ordering departmental actionSection 284: Register of documentsSection 285: Writing to be washedSection 286: May add to or modify the scheduleSection 287: Right to remove obstaclesSection 288: Power to make rulesSection 289: A directory may be made