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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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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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Criminal Justice System of Nepal

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The legal system of   Nepal   has been developed through two stages. The first stage is termed as the era of unmodified law and the second stage is called the era of codified law. The first stage or era of unmodified belongs to the   Karat Era, Lichhavi Era, Malla Era and Shah Era   prior to 1853A.D. Customs, traditions and social practices were regarded as law in this stage. The body of law was divided in two parts i.e. civil and criminal. To hear the different nature of cases, various kinds of courts were formed accordingly. The procedural law was very specific.    The whole system of law was based on indigenous customary law which was largely influenced by Hindu Philosophy. The era of codified law began with the promulgation of National Code 1853 A.D. The Code was influenced by the Napoleon code ofFrance. The Code is the initiation of the then Prime Minister Junga Bahadur Rana, who had been inspired by the Napoleon code of France during h...
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