Legal Knowledge and Sharing

Jurisdiction is an aspect of a State’s sovereignty, as the right to prescribe and enforce laws is an essential component of statehood. In the classic Westphalian understanding, this right has been limited to a State’s territory, a limitation that at the same time ensures that no State intervenes in another State’s affairs. This idea is no longer strictly applied, if it ever was. Exceptions that allow for limited extraterritorial jurisdiction have been carved out, and, moreover, the territoriality principle has been construed rather liberally. To be true, some States employ a rather strict presumption that the legislature does not normally intend to apply its laws extraterritorially, but such a presumption does not limit the discretion of the legislature to do just that if it so desires. The overlapping assertions that result from multiple States’ invocation of permissive principles of jurisdiction may almost unav...

The Concept of “Dharma” contains the “Sanction of Law” and its “Rules” are always equally applicable to all alike, whether he / she may be a King / Queen or an ordinary citizen. “Law” is an instrument for establishment, maintenance, enforcement and promotion of “Dharma” in society, for maintenance, upholding and sustenance of order in society, for enforcement of rights, upholding of justice and redressal of wrongs as well as for bringing about all round sustainable development and prosperity of individuals, society, state, nation and world community. The Concept of “Nyaya” or “Justice” contemplates “Victory of Dharma in all its features”, by giving each and every person what is due to him or her in accordance with the “Rules of Dharma”, for forcible defense of rights and suppression of wrongs, that is called “Real Justice”, which further contemplates immediate suitable punishment to the guilty or offender, suitable compensation to the victim and suitable award or reward to the person w...

Corporate governance is a process that aims to allocate corporate resources in a manner that maximizes value for all stakeholders – shareholders, investors, employees, customers, suppliers, environment and the community at large and holds those at the helms to account by evaluating their decisions on transparency, inclusivity, equity and responsibility. The World Bank defines governance as the exercise of political authority and the use of institutional resources to manage society's problems and affairs. Corporate governance also is the set of processes, customs, policies, laws, and institutions affecting the way a corporation (or company) is directed, administered or controlled. It also includes the relationships among the many stakeholders involved and the goals for which the corporation is governed. In contemporary business corporations, the main external stakeholder groups are shareholders, debt holders, trade creditors, suppliers, customers and communities affected by the co...

Legal profession is a service oriented profession among which legal advocacy is one of the important  service. When a person does legal wrong act against other person, judicial proceeding begins, since  then practising lawyer has to provide legal advocacy. Legal advocacy covers overall aspects of judicial  proceedings including client consultations, impartial recommendations, point out the core conflicts,  filling case in court, and timely attend the court hearing and many more as required. Therefore, in  legal advocacy, there requires many skills to conduct the tasks effectively and efficiently.   American realist Karl Llewellyn stated that ‘’certain law jobs are necessary to be carried out for the  effective functioning of law as an institution. He further explained that law jobs are of universal  nature and therefore, necessary in most types of social organization. He categories five law jobs that  also included law as technology to e...

Foreign Investment in Nepal is firstly welcome in Nepal through a policy on foreign direct investment 1992 which included one-window system and currently, there are many policies and law that encourage foreign investment such as Foreign Investment and Technology Transfer Act 2076, Public Private Partnership Act 2019, Industrial Enterprises Act 2020 and Foreign Exchange (Regulation) Act 1062 etc.  Foreign Investment is a means to reach to the goal of national economy, competitive, strong and employment-oriented investment by making investment friendly environment. Nepalese laws are comprehensive but there are no separate laws for the technical areas of investment like patent, design and collection marks are included in same authority, despite the technicality of such subjects are to be study separately. Even though there are many areas of foreign investment that Nepalese laws have regulated, which are as follows: Validity of foreign investor is limited as foreign individual, firm, c...

Legal Aid is free legal service provided to the person with certain criteria enlisted by law through  government. Legal aid is the concept came from European countries in 19 th century which advocated  for right to counsel and right to fair trial movement and right to justice. The conceptual clarity in  legal aid can be perceived from the concept of welfare state. It is embedded upon the simple  concept that providing justice is the fundamental function of state too since the financial hurdle is  the underlying reason that make people disable to reach to the court and speak against injustice  they faced. Whereas, pro-bono services are provided by individual for public good. It is a donation  works for the poor people without charge or less charge. The underlying concept of pro-bono is to  develop the sense of public good in legal profession, good networking among public, helping poor  people. To support poor by paying their bills for getting ...

  Natural justice is a foundation principle that advocates for rule of law. This principle has varieties of  roles in many branch of law, such as substantive law, procedural law, fundamental rights, and  administrative law as well. Overall, it support the fairness, impartiality and rule of law eventually in  each action of state authorities, either that is legislative, executive or judiciary. All these organs have  to be abided by the principle of natural justice in the process and well as their decisions, so it acts as  filter to make their process and decisions valid in the eye of rule of law.   In simple language, when a defendant is declared as guilty person without providing chance to speak  and without providing time for collection of evidence, the procedure of such judicial proceeding is  against the principle of natural justice and it is universally compulsive principle. Muluki Criminal  Procedural Code 2074 and Muluki Civil...