Supreme Court Of Nepal
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Supreme Court Of Nepal
The Supreme Court of Nepal ( ne, सर्वोच्च अदालत) is the highest court in Nepal. It has appellate jurisdiction over decisions of the seven High Courts (including eleven Benches of the High Courts) and extraordinary original jurisdiction. The court consists of twenty Justices and one Chief Justice. Composition The Supreme Court is composed of the Chief Justice, twenty Justices. The Chief Justice is appointed by the President on the recommendation of the Constitutional Council. S/he is appointed from among the justices having at least three years as a Supreme Court justice. Justices of the Supreme Court are appointed by the President of Nepal on the recommendation of the Judicial Council. The Judicial Council is a five-member independent body headed by the Chief Justice along with a minister of law and justice, most senior justice of supreme court and two distinguished jurists representing the Prime Minister and Nepal Bar Association. The Chief Justice an ...
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Kathmandu
, pushpin_map = Nepal Bagmati Province#Nepal#Asia , coordinates = , subdivision_type = Country , subdivision_name = , subdivision_type1 = Province , subdivision_name1 = Bagmati Province , subdivision_type2 = District , subdivision_name2 = Kathmandu , established_title = , founder = Manjushri , parts_type = No. of Wards , parts = 32 , seat_type = , seat = , government_footnotes = , government_type = Mayor–council government , governing_body = Kathmandu Metropolitan Government, , leader_title = Mayor , leader_name = Balendra Shah ( Ind.) , leader_title1 = Deputy mayor , leader_name1 = Sunita Dangol (UML) , leader_title2 = Executive Officer , leader_name2 = Basanta Adhikari , unit_pref ...
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Jurist
A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the United Kingdom the term "jurist" is mostly used for legal academics, while in the United States the term may also be applied to a judge. With reference to Roman law, a "jurist" (in English) is a jurisconsult (''iurisconsultus''). The English term ''jurist'' is to be distinguished from similar terms in other European languages, where it may be synonymous with legal professional, meaning anyone with a professional law degree that qualifies for admission to the legal profession, including such positions as judge or attorney. In Germany, Scandinavia and a number of other countries ''jurist'' denotes someone with a professional law degree, and it may be a protected title, for example in Norway. Thus the term can be applied to attorneys, judges an ...
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Procedural Law
Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court. Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from procedural law. In the context of procedural law, procedural rights may also refer not exhaustively to rights to information, access to justice, and right to counsel, rights to public participation, right to confront accusers as well as the basic presumption of innocence (meaning the prosecution regularly must meet the burden of proof, though different jurisdictions have various exceptions), with those rights en ...
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Judgment
Judgement (or US spelling judgment) is also known as ''adjudication'', which means the evaluation of evidence to decision-making, make a decision. Judgement is also the ability to make considered decisions. The term has at least five distinct uses. Aristotle suggested we think of the ''opposite'' of different uses of a term, if one exists, to help determine if the uses are really different. Some opposites will be included here to help demonstrate that their uses are really distinct: * Informal – opinions expressed as facts. * Informal and psychological – used in reference to the quality of Mind, cognitive faculties and adjudicational capabilities of particular individuals, typically called ''wisdom'' or ''discernment''. The opposites are ''foolishness'' or ''indiscretion''. * Formal - the mental act of affirming or denying one thing of another through comparison. Judgements are communicated to others using agreed-upon ''terms'' in the form of words or algebraic symbols as ...
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Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ...
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Writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writ, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for state elections) to local officials ( High Sheriffs of every c ...
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Judicial
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the State (polity), state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the Executive (government), executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Court ...
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Nahakul Subedi
Nahakul Subedi (born 22 June 1971) is a justice of the Supreme Court of Nepal. The Nepalese Supreme Court is composed of the Chief Justice, and twenty Justices. The Chief Justice is appointed by the President on the recommendation of the Constitutional Council. See also *List of sitting judges of the Supreme Court of Nepal This is a list of judges of the Supreme Court of Nepal, the highest court in Nepal. The list is ordered according to seniority. There are currently 14 judges (including the Chief Justice) and maximum possible strength is 21. As per the Constituti ... References 1971 births Living people Justices of the Supreme Court of Nepal Place of birth missing (living people) {{Nepal-law-bio-stub ...
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Hari Prasad Phuyal
Hari Prasad Phuyal (हरि प्रसाद फुयाल) is the Justice of the Supreme Court of Nepal since April 19, 2019. Education He has obtained a Masters of Laws (LL.M) degree in International Human Rights Law from the University of Essex the UK, with specialization on International Human Rights Laws, Laws of Armed Conflict, International Criminal Law, International Refugee Law and Laws of Peacekeeping Operations, and a Master of Laws (LL.M) degree in Business Laws from National Law School of India University (NLSIU), Bangalore, India in 1995, similarly Bachelor of Law (B. L.), from Nepal Law Campus, T.U., Kathmandu, Nepal, in 1992, and Intermediate in Law, (I.L), From Mahendra Multiple Campus, Tribhuvan University Tribhuvan University (TU; ne, त्रिभुवन विश्वविद्यालय) is a public university located in Kirtipur, Kathmandu. Established in 1959, TU is the oldest university in Nepal. In terms of enrollment, it is t ..., ...
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Sapana Pradhan Malla
Sapana Pradhan Malla ( Nepali: सपना प्रधान मल्ल) (born November 15, 1963 -) is a Nepalese Supreme Court Judge since August 1, 2016 and a former member of the Nepalese Constituent Assembly. As a lawyer and politician, she is a well-known figure in Nepal due to her work to advance women's rights and increase inclusive language in the country's constitution. She is a former president of the Forum for Women, Law & Development. In 2008, she was a joint winner of the Gruber Prize for Women’s Rights. Born in Nawalparasi district, Malla has a master's degree in Comparative Law from the University of Delhi. She also has a Mid-Career Masters from Harvard Kennedy School of Government. She was a member of the Committee Against Torture (CAT) 2014–2017 term. Early life Malla was born on November 15, 1963 in Nawal Parasi in Nepal. Education Malla received a master's degree in Comparative Law (MCL) from the University of Delhi, India in 1990 Mid Career Master i ...
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Anil Kumar Sinha
Anil Kumar Sinha ( ne, अनिल कुमार सिन्हा) is a Justice of the Supreme Court of Nepal. He was appointed by the President of Nepal on the recommendation of the Judicial Council of Nepal on 1 August 2016. Early life Mr. Sinha was born on October 31, 1958, in Nepal. Education Sinha received a graduate degree in Law from Nepal Law Campus, Tribhuvan University Tribhuvan University (TU; ne, त्रिभुवन विश्वविद्यालय) is a public university located in Kirtipur, Kathmandu. Established in 1959, TU is the oldest university in Nepal. In terms of enrollment, it is t ..., Nepal in 1982. Career Sinha was recognized as an advocate the year of his graduation (1982) and was honored by the Supreme Court as a Senior Advocate in 2013. During a professional career as an advocate lasting 34 years, he dedicated most of his time in Business Law, mainly Contracts and Commercial Arbitration, Taxation, Company Law, Foreign ...
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Ananda Mohan Bhattarai
Dr. Ananda Mohan Bhattarai ( ne, डा. आनन्दमोहन भट्टराई) is a Nepalese judge. He is currently a justice of the Supreme Court of Nepal. Education Dr. Bhattarai completed his Doctor of Jurisprudence (J.S.D) from National Law School of India University in 2000. He went to Massachusetts Institute of Technology, USA (2002-2003) under the Hubert H. Humphrey Fellowship for a program on law, human rights and public policy at the Department of Urban Studies and Planning, Special program for Urban and Regional Studies of Developing Areas. He subsequently went to Max Planck Institute for Comparative Public Law and International Law Heidelberg, Germany (2005-2006, 2008, 2011,2018) under the Alexander von Humboldt Foundation Fellowship for Post-doctoral study and research. He has L.L.M in Business law from National Law School of India University, 1997. He has M.A in English Literature (1994), M.A in Political Science (1984) and Diploma in Law (1980) from Tri ...
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