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JUDICIAL ACTIVISM IN NEPAL

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General Background • The term "Judicial Activism" came into existence in the twentieth century to describe the act of judicial legislation i.e. judges involve in making positive law . • Judicial activism is the term used for the active role played by the court in a situation where statutory law is silent or even contrary. • In its early stage, judicial activism emerged in a form of judicial review, later on judiciary's active role in social life. Nowadays, public interest litigation (PIL) is an important area of judicial activism. • The present Constitution of Nepal provides fundamental rights provision for the special protection of women, children, aged, disable, marginal masses and disadvantage groups, and socio-economically deprived people . • It establishes an independent of judiciary equipped with the power of judicial review in order to realize social, political and economic justice. It has states that anyone can argue that right of locus standi has ...
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Basic Principles of Law of Evidence in Nepal

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1. Evidence must be confined to the matters in Issue 2. Best Evidence must be produced 3. Hearsay evidence is no evidence 4. He who asserts must prove 5. Principle of Estoppel Evidence must be confined to the  matters in Issue • Principle cause behind this principle is to save time of the court for not being collected unnecessary evidence and make easy to arrive in decision. • However, the court’s decision should be depended on the evidence to be presented by the disputants. • Basic theme of this principle is that the evidence to be collected either by court or to be presented by disputants should be directly related to the dispute. • Section 3 of the Evidence Act, 2031 and Section 184a of the Court Procedure (Muluki Ain) are directly related to this principle. Section 3 of the Evidence Act States that:  The court may examine evidence on the fact in issue which is to be decided by it and the relevant fact thereof.  Explanation: "Rel...
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Meaning , Scope and Kinds of Jurisprudence

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Meaning of Jurisprudence: The theory of jurisprudence has been around for fairly a long time. Both the Ancient Greeks and Romans believed the philosophy of law, and earlier societies possibly did as well. The word itself is resulting from a Latin phrase, juris prudentia, significance “the study, knowledge, or science of law.” Jurisprudence refers to the philosophy of law that is employed in analyzing, explaining, and classifying law. It embraces studies and theories from a range of disciplines such as history, sociology, political science, philosophy, psychology and even economics. Jurisprudence formulates legal relations, rights, and duties. It may undertake to classify law and to construct a system in which every rule of law may find an appropriate place. It may also attempt to classify all the relations that the law recognizes or creates and which it regulates or orders, that is, the relations of state and government to individuals and groups, and of individuals...
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