You are viewing the translated version of पुनरावेदन र साधक फैसला.
Section 150
Appeal and Sadhak Decision
When deciding an appeal, it should be done in the format as per schedule-47 and when deciding on a seeker, it should be done in the format according to schedule-48. But in the case where the appeal and the seeker have to make the same decision, it should be done in the format according to Schedule-47.
Condensional Conductor Conduct, 2074
Preamble - 0
Chapter - 2
Section 4: Section 5: Complaint can be filed if complaint or notice is not registeredSection 6: Section 7: Inform the concerned police officeSection 8: Investigating and gathering evidenceSection 9: Arrestable person related to offenseSection 10: Sending Preliminary Investigation ReportSection 11: Misleading, false or fictitious information may be retainedSection 12: A special team may be constituted to investigateSection 13: DetentionSection 14: Period of detention for investigation and procedure thereonSection 15: Investigating Officer may release person in custodySection 16: Taking statements and interrogatoriesSection 17: Answer the questions askedSection 18: SearchableSection 19: Section 20: Corpse to be examinedSection 21: Physical evidence to be examinedSection 22: Wounds should be examinedSection 23: Expert opinion can be obtainedSection 24: Must be identifiedSection 25: Research diary should be keptSection 26: Can request opinions, advice regarding researchSection 27: the Attorney General may give necessary directions with respect to the investigationSection 28: Section 29: Can be sent to the relevant bodySection 30: Investigation of offenses committed outside NepalSection 31: Investigation report to be sent
Chapter - 3
Section 30A: सम्पत्ति शुद्धीकरण सम्बन्धी कसुरमा कारबाही हुनेSection 32: Filing of indictmentSection 33: A charge sheet can be filed with a claim for reduction of sentenceSection 34: It is not necessary to file a case in certain types of minor offensesSection 35: Additional claims can be takenSection 36: Can amend the indictmentSection 37: May order correction of minor errorsSection 38: Detention, evidence and accusedSection 39: To be preservedSection 40: Copy or information to be givenSection 41: Information to be given to whistleblower or victimSection 42: Favoring the person concernedSection 43: Scope of the caseSection 44: Not to be punished for complaining about polls
Chapter - 4
Section 45: Courts of the area where the offense occurredSection 46: If there is an offense related to different areas, the court of any of those areas can hear the caseSection 47: Jurisdiction to hear cases related to offenses committed outside NepalSection 48: Action and settlement of cases before two courts or bodiesSection 49: Cases falling within the jurisdiction of the lower and upper courts should be heard by the upper courtSection 50: Section 51: Jurisdiction and Limitation to be Decided
Chapter - 6
Section 57: Arrest or issue warrantSection 58: Procedure for Issuance of Warrant of ArrestSection 59: Procedure for Issuance of CertificateSection 60: Can issue subpoena in the name of the witnessSection 61: Tameli of SamahwanSection 62: Section 63: Tameli of Arrest WarrantSection 64: An arrest warrant can be issued or a summons can be issued in the name of the accused residing abroadSection 65: Special Provisions Regarding Absconding PersonsSection 66: The deadline can be fixed in the court itself
Chapter - 7
Section 67: Imprisonment of accusedSection 68: Taking bail or surety or bank guarantee from the accusedSection 69: To be kept on dateSection 70: Additional bond, surety or bank guarantee can be requestedSection 71: Imprisonment or bailable in any case of proceedingsSection 72: Basis for fixing amount of bond, surety or bank guaranteeSection 73: Petition can be made to the court hearing the appealSection 74: Documents to be produced when taking bail, surety or bank guaranteeSection 75: Forfeiture of bailSection 76: Refundable of bail and bailmentSection 77: If the case is not decided within a certain period, he can be released from prisonSection 78: Maximum period of imprisonmentSection 79: Order form to be issuedSection 80: Detention allowance must be given
Chapter - 8
Section 81: Section 82: Tarikh Kitab and Tarikh CompensatorySection 83: Tarikh ParchaSection 84: The date should be fixed in a manner that is convenient for the partiesSection 85: Must be present on the specified dateSection 86: Consequences if the parties to the case are absent on the day of the dateSection 87: Arrest warrants can be issued and property can be seizedSection 88: Even if the date is not settled after understanding the evidence
Chapter - 9
Section 89: Heirs may be appointedSection 90: Can be the heir of more than one person at the same timeSection 91: The parties may be heirsSection 92: Rights and Duties of HeirsSection 93: Inheritance can be revokedSection 94: Heirs will not be arrestedSection 95: Special provisions allowing appointment of heirs
Chapter - 11
Section 99: Evidence to be producedSection 100: Full document to be returnedSection 101: Party to produce witnessesSection 102: Expert...Section 103: Cross-examination of co-accused can be doneSection 104: Section 105: The document called forgery or fraud should be kept with the missileSection 106: The witness must be understood on the appointed daySection 107: Section 108: Affidavit to be made in courtSection 109: Witness understanding through audio-visual communication (video conference)Section 110: Demeanor, facial expressions, etc. of the witness may be notedSection 111: A witness once understood cannot be understood againSection 112: Section 113: Witness should be given daily and visiting allowance and securitySection 114: Protecting witnesses or victimsSection 115: Witness evidence is admissible even outside the state of Nepal
Chapter - 13
Section 121: Accused should be chargedSection 122: Statement of the accused should be madeSection 123: If the accused admits guilt, the case must be decided immediatelySection 124: can be discussed between the plaintiff and the defendantSection 125: Dates to understand evidenceSection 126: Imprisoned or detained party or witness to be producedSection 127: Understanding EvidenceSection 128: Provisions regarding proceedings against persons not at home addressSection 129: Preliminary hearing of the case should be done in open courtSection 130: Accused may appoint legal practitioner for his defenseSection 131: To be decidedSection 132: Notice and Copy of JudgmentSection 133: Case dismissed in case of death
Chapter - 14
Section 134: AppealableSection 135: An appeal may be lodged through the court which made the decision or the prison in which it is confinedSection 136: Manner to be served on appealSection 137: Imprisonment pending appealSection 138: Throwing missilesSection 139: Fixing the date of the hearing of the appealSection 140: Hearing of AppealSection 141: If the respondent is absent, the appeal will be heard ex parteSection 142: Don't stay on dateSection 143: The notice or order served on the appellant or respondent shall be served with the sameSection 144: Power of court to hear appealSection 145: SeekerSection 146: Appeal on the judgment of the seekerSection 147: Sadhak should not be decided until the time of appealSection 148: Procedure for Submitting SeekersSection 149: Right of Court to See SeekerSection 150: Appeal and Sadhak Decision
Chapter - 15
Section 151: Section 152: Agency executing the judgmentSection 153: Execution of judgment to be suspendedSection 154: To be imprisonedSection 155: Amount Payable for ImprisonmentSection 156: Property to be withheldSection 157: Property to be auctionedSection 158: Punishment shall be waived if the convicted person diesSection 159: Punishment can be pardonedSection 160: Section 161: Section 162: Enforcement of finesSection 163: Provisions relating to government bribes or other fundsSection 164: Imprisonable for official misconductSection 165: Procedure for payment of private damages or compensationSection 166: To recover the amount according to the judgment from the bailSection 167: Proceedings to seize, seize or control propertySection 168: Fix a date for payment of compensation, compensation or other amount
Chapter - 16
Section 168A: AppealableSection 169: The District Court concerned shall have jurisdictionSection 169A: LimitationSection 170: XXXXXXXSection 171: Register of documentsSection 172: Documents to be erasedSection 173: Text to be translatedSection 174: Can take the help of a translatorSection 175: Copy to be givenSection 176: Conflict of interest should not be consideredSection 177: Tasks to be done by the judge himselfSection 178: Procedure to be followed on release of detainee or prisonerSection 179: Giving notice when releasing the seized propertySection 180: The public prosecutor should plead and appealSection 181: The public prosecutor can appealSection 182: Documents brought to be registered in court must be registeredSection 183: Identity of victim or witness can be kept confidentialSection 184: Statements, papers or documents before the Investigating Officer may be recorded by audio visual meansSection 185: Section 186: To receive or give compensationSection 187: Need to stay in Rohwar and help to typeSection 188: Not to be prosecutedSection 189: Provisions of Investigation CommitteeSection 190: May allow the case to be resolvedSection 191: Mutual legal assistance can be exchangedSection 192: Documents can be exchanged by electronic meansSection 193: Typographical or mathematical error not affectedSection 193A: Section 194: Coordination CommitteeSection 195: Departmental action will be takenSection 196: Power to make rulesSection 197: Directory can be createdSection 198: May modify or add to the schedule