Types of Court In Nepal

Nepal is a country with a rich and diverse legal culture that reflects its history, geography, and society. The Nepali judicial system consists of various types of courts and judicial bodies that exercise the powers relating to justice by the Constitution, laws, and recognized principles of justice. In this article, we will explore the types of courts in Nepal, their jurisdiction, composition, procedure, and functions. We will also discuss how the Nepali courts handle family-related issues, such as divorce, separation, child custody, and alimony, and how you can get the best legal advice and representation from Nepal Divorce Services, the leading divorce law firm in Nepal.

Supreme Court of Nepal

The Supreme Court is the highest court in Nepal and the final authority to interpret the Constitution and laws. It consists of the Chief Justice and twenty other Justices appointed by the President on the recommendation of the Constitutional Council and the Judicial Council respectively. The Supreme Court has appellate jurisdiction over decisions of the High Courts and other specialized courts or tribunals and extraordinary original jurisdiction over writ cases. The Supreme Court also has the power to inspect, supervise, and direct the subordinate courts and judicial bodies, and to initiate and impose punishment for contempt of court.

Jurisdiction and Functions of the Supreme Court

The Supreme Court has the following jurisdiction and functions:

• It hears and decides appeals against the judgments, orders, or decisions of the High Courts or other courts or tribunals on any question of law or fact.
• It issues writs of habeas corpus, mandamus, certiorari, prohibition, quo warranto, and other writs as the guardian of the fundamental rights and human rights of the people.
• It reviews its judgments, orders, or decisions on the grounds of error apparent on the face of the record or any other sufficient reason.
• It settles any dispute arising out of the election of the President or the Vice-President.
• It hears and decides any matter referred to it by the President on any question of law or fact of public importance.
• It makes rules for the administration of justice and the regulation of the courts and judicial bodies under its supervision and control.
• It appoints, transfers, promotes, disciplines, and removes the Judges and other staff of the subordinate courts and judicial bodies by the law.

High Court of Nepal

The High Court is the intermediate-level court in Nepal and the first level of the appellate court. There are seven High Courts in Nepal, each having jurisdiction over one or more provinces. Each High Court consists of one Chief Judge and other Judges appointed by the President on the recommendation of the Judicial Council. The High Court has appellate jurisdiction over decisions of the District Courts and other judicial bodies within its jurisdiction, and extraordinary original jurisdiction over writ cases. The High Court also has the power to inspect, supervise, and direct the subordinate courts and judicial bodies, and to initiate and impose punishment for contempt of court.

Composition and Procedure of the High Court

The High Court has the following composition and procedure:

• It has a minimum of five and a maximum of fifteen Judges, including the Chief Judge, who is the senior-most Judge of the High Court.
• It sits on benches of one or more Judges, as determined by the Chief Judge, to hear and decide cases.
• It follows the procedures prescribed by law or the rules made by the Supreme Court for the conduct of cases and the delivery of judgments, orders or decisions.
• It may transfer any case pending before it to any other High Court or District Court if it deems necessary or expedient in the interest of justice or convenience of the parties or witnesses.
• It may review its judgments, orders, or decisions on the grounds of error apparent on the face of the record or any other sufficient reason.

District Court of Nepal

The District Court is the lowest-level court in Nepal and the court of first instance for civil and criminal cases. There are seventy-seven District Courts in Nepal, one for each district. Each District Court consists of one Chief Judge and other Judges appointed by the President on the recommendation of the Judicial Council. The District Court has original jurisdiction over civil and criminal cases within its district, subject to some exceptions or limitations prescribed by law. The District Court also has the power to execute its judgments or decrees, or those of any other court or judicial body within its district.

Types of Cases Handled by the District Court

The District Court handles the following types of cases:

• Civil cases, such as those relating to property, contract, tort, family, inheritance, etc.
• Criminal cases, such as those relating to offenses punishable with imprisonment for up to ten years a fine of up to one hundred thousand rupees, or both.
• Summary cases, such as those relating to offenses punishable with imprisonment for up to six months or a fine of up to ten thousand rupees, or both, or certain civil cases of small value or urgency, as specified in the Schedule of the Summary Proceedings Act, 2028 (1971).
• Other cases, such as those relating to revenue, land reform, forest, environment, etc., as conferred by law.

Specialized Courts or Tribunals of Nepal

In addition to the above-mentioned courts, there are some specialized courts or tribunals that are established by law for specific purposes or types of cases. Some of these specialized courts or tribunals are:

• The Summary Proceedings Court is a special type of court that operates under the District Court but has a separate jurisdiction and procedure. It deals with certain civil and criminal cases in a speedy and simplified manner, as specified in the Schedule of the Summary Proceedings Act, 2028 (1971). The Summary Proceedings Court has one or more Judges appointed by the Judicial Council from among the Judges of the District Court. The Summary Proceedings Court can sit at any place within the district as per the convenience of the parties and witnesses.
• The Commercial Bench is a special type of bench that operates under each High Court but has a separate jurisdiction and procedure. It deals with commercial cases as defined by law, such as those relating to banking, insurance, intellectual property, arbitration, etc. The Commercial Bench has one or more Judges appointed by the Judicial Council from among the Judges of the High Court. The Commercial Bench can sit at any place within its jurisdiction as per the convenience of the parties and witnesses.
• The Labour Court is a special type of court that operates under each High Court but has a separate jurisdiction and procedure. It deals with labor disputes as defined by law, such as those relating to employment, wages, benefits, trade unions, collective bargaining, etc. The Labour Court has one Chairperson appointed by the Government from among retired Judges or senior advocates, and two members appointed by the Government from among representatives of employers' associations and workers' associations respectively.
• The Military Court is a special type of court that operates under the Nepalese Army Act, 2006, and the Nepalese Army Regulations, 2006. It deals with military offenses as defined by law, such as those relating to discipline, duty, loyalty, etc. The Military Court has one Chief Military Judge appointed by the Government from among retired Judges or senior advocates, and other Military Judges appointed by the Government from among officers of the Nepalese Army.

Conclusion

Nepal has a complex and diverse judicial system that consists of various types of courts and judicial bodies that exercise the powers relating to justice by the Constitution, laws, and recognized principles of justice. The types of courts in Nepal are the Supreme Court, High Court, District Court, and Specialized Courts or Tribunals. Each type of court has its jurisdiction, composition, procedure, and functions. By understanding the types of courts in Nepal, one can have a better knowledge and appreciation of the judicial system and the rule of law in the country.

However, navigating the Nepali courts can be challenging and stressful, especially when it comes to family-related issues, such as divorce, separation, child custody, and alimony. That's why you need the best legal advice and representation from Nepal Divorce Services, the leading divorce law firm in Nepal. Nepal Divorce Services was founded in 2020 with a mission to provide comprehensive legal services to our valued clients. Over the years, we've successfully managed a diverse portfolio of cases encompassing a wide spectrum of family-related issues. This includes not only divorce and marriage proceedings, but also matters such as separation, child custody, child support, alimony, adoption, domestic violence, inheritance, and other vital family concerns.

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