Lok Sewa Judicial Officer Exam flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Article 133 writ jurisdiction

The Supreme Court may issue habeas corpus, mandamus, certiorari, prohibition, and quo warranto against constitutional bodies, public authorities, and persons to enforce fundamental rights or settle legal questions.

Article 76 PM appointment

The President appoints as Prime Minister the leader of the parliamentary party with a majority in the House of Representatives; if no majority exists, the President appoints the member able to command confidence.

Article 18 equality

The Constitution guarantees equality before the law and prohibits discrimination on grounds of origin, religion, race, caste, tribe, sex, language, or ideology, while permitting special measures for disadvantaged groups.

Res judicata Section 27 CPC

A final decision bars a subsequent suit between the same parties on the same subject matter; the rule prevents multiplicity of litigation and protects the finality of judgments.

Interim injunction Section 37

A court may grant an interim injunction where a prima facie case exists, irreparable loss would otherwise occur, and the balance of convenience favours the applicant; ex parte orders must be served promptly.

Hadley v Baxendale remoteness

Contract damages are limited to losses arising naturally from the breach or those reasonably contemplated by both parties at the time of contracting; consequential losses require notice.

Article 20 right to justice

Every person has the right to a fair trial, to be informed of the charge, to legal representation, to be produced before a court within 24 hours of arrest, and to appeal.

Section 18 FIR registration

Police must register a first information report when information discloses a cognizable offence; refusal to register can be challenged before the concerned authority or the court.

Section 114 bailable offences

For bailable offences, bail is a matter of right and the court must release the accused on furnishing security; for non-bailable offences, bail lies at judicial discretion.

Section 116 bail restrictions

Bail may be refused where the offence carries life imprisonment or death, where the accused may tamper with evidence, or where release would endanger public safety.

Juvenile Justice Act 2075

Sets criminal responsibility at age 10; offenders aged 10-18 are tried by juvenile benches, and the maximum penalty for serious offences is five years' imprisonment, with rehabilitation prioritized.

Section 24 burden of proof

The party asserting a fact must prove it; the burden shifts where a fact is especially within the knowledge of one party, who must then establish it.

Section 23 confession admissibility

A confession to a police officer is inadmissible unless recorded before a magistrate; confessions obtained by inducement, threat, or promise are excluded under Section 26.

Section 31 dying declaration

A statement by a person about the cause of their death is admissible even without corroboration, provided the court is satisfied of its reliability and the person was conscious.

Section 5 conclusive presumptions

Certain facts are conclusively presumed, including the legitimacy of a child born during a valid marriage; no contrary evidence is admissible against such a presumption.

Wednesbury unreasonableness

A decision is reviewable if it is so unreasonable that no reasonable authority could have reached it; Nepali courts apply this alongside illegality and procedural impropriety.

Audi alteram partem

The right to be heard requires that a person affected by an administrative decision receive notice, disclosure of the case, and an opportunity to respond before the decision is made.

Nemo judex in causa sua

No one may judge their own cause; a decision-maker with a pecuniary or personal interest in the outcome must recuse, and bias may be actual or apparent.

Article 242 Public Service Commission

The PSC conducts examinations for civil service appointments and advises on recruitment, promotion, and transfer; its recommendations bind the government for permanent posts.

Section 28 framing of issues

The court frames issues on points of fact and law in dispute after the plaint and written statement; evidence is led only on the framed issues.

Article 153 Judicial Council

The Judicial Council recommends judicial appointments, transfers, and disciplinary action; it is chaired by the Chief Justice and includes senior judges and the Attorney General.

Contempt of Court Act 2032

Punishes wilful disobedience of court orders, scandalizing the court, and obstruction of justice; the Supreme Court has constitutional power to punish contempt under Article 128(4).

Article 137 Constitutional Bench

The Constitutional Bench decides disputes between the Federation and provinces, between provinces, and questions of constitutional interpretation; its decisions bind all courts.

753 local units

Nepal has 6 metropolitan cities, 11 sub-metropolitan cities, 276 municipalities, and 460 rural municipalities, totalling 753 local units across 77 districts and 7 provinces.

Article 119 federal budget

The Finance Minister presents the annual budget before a joint session of both Houses; the fiscal year runs from Shrawan 1 to Ashad 31, and expenditure requires parliamentary appropriation.

Local Government Operation Act 2074

Assigns 22 exclusive and 15 concurrent functions to local units, including local infrastructure, basic health, compulsory education, and local taxation within constitutional limits.

CIAA Article 238

The Commission for the Investigation of Abuse of Authority investigates corruption and abuse of authority by public office holders and may file cases before the appropriate court.

Devanagari numerals

The digits ० १ २ ३ ४ ५ ६ ७ ८ ९ correspond to 0-9; legal documents use Bikram Sambat dates, approximately 56.7 years ahead of the Gregorian calendar.

Nepali legal terms

Key terms include ऐन (Act), नियम (Rules), अध्यादेश (Ordinance), अनुसूची (Schedule), वादी (Plaintiff), प्रतिवादी (Defendant), साक्षी (Witness), and पुनरावेदन (Appeal).

Interpretation of Laws Act 2010

Governs statutory interpretation in Nepal; the preamble may be used to ascertain the object of an Act, and headings and marginal notes may aid construction.

Shall versus may

In legal drafting, 'shall' imposes a mandatory obligation translated as गर्नुपर्नेछ, while 'may' confers discretion translated as गर्न सकिनेछ; confusing them alters legal effect.

IRAC method

Issue, Rule, Application, Conclusion: identify the legal question, state the applicable rule, apply it to the facts, and conclude with the likely outcome and reasoning.