Understanding the Summary Proceedings Court in Nepal

Nepal is a country with a multi-tiered judicial system that consists of the Supreme Court, the High Courts, the District Courts and other specialized courts and tribunals. Among these, the Summary Proceedings Court is a special type of court that deals with certain civil and criminal cases in a speedy and simplified manner. In this article, we will explain what the Summary Proceedings Court is, how it works, what types of cases it handles, and what are its advantages and disadvantages.

What is the Summary Proceedings Court?

The Summary Proceedings Court is a court that operates under the District Court, but has a separate jurisdiction and procedure. It was established by the Summary Proceedings Act, 2028 (1971) with the aim of providing quick and easy justice to the people. 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.

How does the Summary Proceedings Court work?

The Summary Proceedings Court follows a different procedure from the regular courts. The main features of the procedure are:

• The cases are filed in a prescribed form with a nominal fee.
• The cases are heard and decided on the same day or within seven days of filing.
• The parties are not allowed to engage lawyers, but can represent themselves or through their authorized agents.
• The evidence is taken orally or in writing, without any formalities or technicalities.
• The court can summon any person or document as it deems necessary for the case.
• The court can pass any order or decree as it deems fit and proper for the case.
• The court can award costs to the prevailing party or impose fine or imprisonment to the losing party for vexatious or frivolous litigation.
• The order or decree of the court is final and conclusive, and cannot be appealed or reviewed by any other court.

What types of cases does the Summary Proceedings Court handle?

The Summary Proceedings Court handles certain civil and criminal cases that are specified in the Schedule of the Summary Proceedings Act, 2028 (1971). Some of these cases are:

• Civil cases involving recovery of money or property not exceeding Rs. 10,000 in value.
• Civil cases involving partition of joint property not exceeding Rs. 10,000 in value.
• Civil cases involving eviction of tenants or licensees from any land or building.
• Civil cases involving injunction or declaration relating to any land or building.
• Criminal cases involving offences punishable with fine only or imprisonment not exceeding six months.
• Criminal cases involving offences relating to public nuisance, breach of peace, assault, theft, mischief, etc.

What are the advantages and disadvantages of the Summary Proceedings Court?

The Summary Proceedings Court has some advantages and disadvantages as compared to the regular courts. Some of these are:

Advantages

• It provides quick and easy justice to the people without any delay or complexity.
• It reduces the burden and backlog of the regular courts by disposing of minor and simple cases.
• It saves time and money for the parties by avoiding lawyers' fees and lengthy procedures.
• It promotes harmony and reconciliation among the parties by settling their disputes amicably.

Disadvantages

• It may compromise on the quality and fairness of justice by ignoring some legal principles and rules.
• It may violate some constitutional rights and guarantees of the parties such as due process, legal representation, appeal, etc.
• It may create confusion and inconsistency in the judicial system by having different jurisdictions and procedures for different types of cases.
• It may encourage frivolous and vexatious litigation by making it easy and cheap to file cases.

Conclusion

The Summary Proceedings Court is a special type of court that aims to provide quick and easy justice to the people for certain civil and criminal cases. However, it also has some drawbacks that may affect the quality and fairness of justice. Therefore, it is important to understand how it works, what types of cases it handles, and what are its advantages and disadvantages before filing or facing a case in this court.