Nepal Bar Advocate Exam cheat sheet

The Constitution of Nepal 2072 (2015) was promulgated on 20 September 2015 by the second Constituent Assembly and replaced the Interim Constitution of 2063 (2007).

Article 2 vests sovereignty in the people; Article 3 lists the national symbols and Article 4 defines Nepal as an independent, indivisible, sovereign, secular, inclusive, democracy-loving, federal democratic republican state.

Citizenship is governed by Articles 10-12: citizenship by descent, by birth, and by naturalization; Article 11(5) provides for citizenship by descent through a Nepali mother where the father is unknown.

Fundamental rights run from Article 16 to Article 46; Article 46 makes the enforcement of fundamental rights a constitutional remedy obtainable under Article 46(1) through the writs of habeas corpus, mandamus, certiorari, prohibition and quo warranto.

Article 44 guarantees the right to constitutional remedies; Article 46 confers writ jurisdiction on the Supreme Court and, for matters within their jurisdiction, on High Courts.

Article 47 allows reasonable restrictions on fundamental rights only by law, only for specified grounds such as sovereignty, national security, public order, decency and morality, and only to the extent proportionate and necessary.

Articles 56-60 establish the federal structure: three tiers of government (federal, province, local), with powers enumerated in Schedules 5-9 (federal, provincial, concurrent, and local lists) and residuary power in the federal government under Article 58.

The President is elected under Article 62 by an electoral college of federal and provincial legislators; the Prime Minister is appointed under Article 76 and must command a majority in the House of Representatives.

Constitutional amendment is governed by Article 274: a bill must be passed by a two-thirds majority of the total membership of each House, and amendments affecting sovereignty, territorial integrity, or fundamental rights also require provincial assembly approval.

The Muluki Civil Code 2074 (2017) and the Muluki Civil Procedure Code 2074 govern substantive and procedural civil matters; the Civil Code came into force on 17 August 2018, replacing the Muluki Ain 2020 (1963).

Limitation periods under the Limitation Act 2058 (2001) generally run three years for contractual claims and twelve years for claims to recover immovable property, unless a special law provides otherwise.

A plaint under the Civil Procedure Code must state the facts, the cause of action, the relief sought, and the valuation of the suit for court-fee purposes; failure to disclose a cause of action is a ground for rejection under the Code.

Jurisdiction is determined by subject matter, territorial nexus (defendant's residence or situs of property), and pecuniary value; a court without subject-matter jurisdiction cannot be conferred jurisdiction by consent.

Res judicata bars a second suit between the same parties on the same subject matter decided by a competent court; the principle is codified in the Civil Procedure Code and mirrors Section 11 of the Indian CPC.

Under the Civil Code, contracts require free consent, capacity, lawful object and lawful consideration; consent obtained by coercion, undue influence, fraud, misrepresentation or mistake is voidable at the option of the affected party.

The Civil Code recognises adoption, partition of joint family property, and succession; daughters and sons have equal rights of succession to ancestral property under the 2074 Code.

Interim and temporary injunctions are granted under the Civil Procedure Code where there is a prima facie case, irreparable injury, and the balance of convenience favours the applicant.

Appeals from a district court lie to the High Court and then to the Supreme Court; review under the Civil Procedure Code is available against final judgments on limited grounds such as new evidence or error apparent on the face of the record.

The National Penal Code 2074 (2017) and the National Criminal Procedure Code 2074 replaced the Muluki Ain's criminal provisions; the Penal Code defines offences and the Procedure Code governs investigation, arrest, bail and trial.

Punishments under the Penal Code include imprisonment, fine, forfeiture, and, in limited cases, deprivation of civil rights; the Code abolishes the death penalty except for treason and certain wartime offences.

The standard of proof in criminal cases is proof beyond reasonable doubt, whereas civil cases require proof on a balance of probabilities.

Arrest requires a warrant except in cognizable offences or where a person is caught in the act; an arrested person must be produced before a court within 24 hours under Article 20(3) of the Constitution.

Bail is the rule and refusal the exception in bailable offences; in non-bailable offences, the court weighs the gravity of the offence, the risk of absconding, and the danger of tampering with evidence.

The right against self-incrimination is protected by Article 20(7) of the Constitution; confessions made to police are inadmissible, and only confessions recorded before a judicial authority have evidentiary value.

Juveniles are dealt with under the Juvenile Justice Act 2075 (2018); a child below 10 years cannot be held criminally liable, and children aged 10-18 are tried by juvenile benches with rehabilitative sentencing.

The Criminal Procedure Code provides for complaint, FIR (jāheri), investigation, charge-sheet (abhiyog patra), and trial; the prosecution bears the burden of proving the charge, and the accused benefits from any reasonable doubt.

Appeals against conviction lie to the High Court and then the Supreme Court; the Supreme Court may exercise its extraordinary jurisdiction to correct grave miscarriages of justice.

The Muluki Civil Code 2074, Part 4 (Chapter on contracts), codifies offer, acceptance, consideration, capacity, free consent, legality of object, and void and voidable contracts.

An offer must be communicated and remains open until accepted, revoked, or lapsed; acceptance must be absolute and unqualified and communicated to the offeror to create a binding contract.

Consideration is the price of the promise; past consideration, natural love and affection, and moral duty may support a contract in limited statutory exceptions.

A contract without consideration is void unless it is in writing and registered, or is a promise to compensate for a past voluntary act, or is a promise to pay a time-barred debt.

A minor's contract is void ab initio under the Civil Code; a minor cannot be sued on a contract but may be liable in restitution for necessaries.

Frustration occurs when performance becomes impossible or unlawful after formation due to an event beyond the parties' control; the contract is discharged and the parties are released from future obligations.

Remedies for breach include damages (expectation and reliance), specific performance, injunction, and restitution; damages are limited by remoteness and the duty to mitigate.

Liquidated damages clauses are enforceable if they are a genuine pre-estimate of loss; penalties that exceed the loss are unenforceable as penalties.

Standard-form contracts are interpreted contra proferentem; exclusion clauses are construed strictly against the party relying on them.

The Muluki Civil Code 2074 governs ownership, possession, easements, mortgages, leases, and partition of property; immovable property rights require registration under the Land Revenue Act 2028.

Ownership is the right to use, enjoy, and dispose of property subject to law; possession is prima facie evidence of ownership, and the burden of proving better title lies on the challenger.

Land is classified as raikar (state-owned), guthi (religious trust), and public land; conversion between categories requires statutory procedure and government approval.

Registration of a deed of transfer of immovable property is mandatory for validity against third parties; an unregistered sale deed confers no title enforceable against bona fide purchasers.

Mortgages under the Civil Code may be simple, conditional, or usufructuary; the mortgagee's right of sale arises only after default and notice to the mortgagor.

Easements (rights of way, water, light, and air) are acquired by grant, prescription, or necessity; prescriptive easements generally require continuous, open, and peaceful use for the statutory period.

Partition of joint family property is available to any coparcener; the Civil Code prescribes equal shares among sons and daughters, with specific rules for widows and unmarried daughters.

Acquisition of land beyond the statutory ceiling is void; the Land Reform Act 2021 (1964) imposes ceilings and provides for redistribution of surplus land.

Leases of immovable property exceeding one year must be in writing and registered; oral leases are valid only for short terms and create no rights against third parties.

The Companies Act 2063 (2006) governs incorporation, management, and winding up of companies; a private company may have up to 101 shareholders and cannot invite public subscriptions.

A public company must have at least seven promoters, a private company at least one; incorporation requires registration of the memorandum and articles with the Office of the Company Registrar.

Directors owe fiduciary duties of good faith, care, and loyalty; interested-director transactions require disclosure and board approval, and the director must abstain from voting.

The Companies Act requires an annual general meeting within six months of the end of the financial year; the auditor is appointed by the AGM and holds office until the next AGM.

Winding up may be voluntary (members' or creditors') or compulsory by court order on grounds such as inability to pay debts, oppression of minority shareholders, or illegality of objects.

The Securities Act 2063 (2006) and SEBON regulate public offers, disclosure, insider trading, and takeovers; listed companies must publish audited financial statements.

The Nepal Rastra Bank Act 2058 and the Banks and Financial Institutions Act 2073 regulate banking, capital adequacy, and licensing of financial institutions.

The Competition Promotion and Market Protection Act 2063 prohibits anti-competitive agreements, abuse of dominance, and misleading advertising.

Arbitration under the Arbitration Act 2058 is enforceable; awards may be set aside only on limited grounds such as lack of jurisdiction, procedural irregularity, or public policy.

Marriage under the Civil Code 2074 requires free consent, minimum age of 20 for both parties, and registration with the local registrar; child marriage is void and criminal.

Bigamy is an offence under the Penal Code; a second marriage during the subsistence of the first is void and punishable.

Divorce may be by mutual consent or by decree on grounds such as adultery, desertion, cruelty, mental disorder, or conversion; the Civil Code requires a separation period before certain fault-based petitions.

Partition of matrimonial property on divorce follows the Civil Code's rules on joint property; the court may order maintenance (alimony) for the dependent spouse and children.

Child custody is decided on the welfare of the child; the Civil Code presumes the mother is the appropriate custodian for children below five years, subject to the court's assessment.

Adoption is governed by the Civil Code and the Adoption Act; adoption requires the adopter to be at least 25 years older than the child, and the child's consent where the child is of an age to give it.

Succession under the Civil Code is intestate and testamentary; the widow, sons, and daughters share equally in ancestral property, and a will may dispose of only the testator's share.

Registration of birth, death, and marriage is mandatory under the Civil Registration Act 2033; failure to register affects the proof of status in legal proceedings.

The Domestic Violence (Offence and Punishment) Act 2066 provides protection orders, interim relief, and criminal sanctions for domestic violence, including within the family home.

The Evidence Act 2031 (1974) governs the admissibility and proof of facts in Nepali courts; it is not a verbatim copy of the Indian Evidence Act but shares many common-law principles.

Burden of proof generally lies on the party asserting a fact; the burden shifts where a statute presumes a fact or where the party has special knowledge of the matter.

Oral evidence must be direct: a witness may testify only to what he or she perceived, not to what others told him or her, subject to exceptions for dying declarations and admissions.

Hearsay is inadmissible unless it falls within a recognised exception such as dying declaration, res gestae, admission, or statement in a public document.

Documentary evidence must be proved by primary evidence; secondary evidence is admissible only where the original is shown to be lost, destroyed, or in the possession of the opposing party.

A dying declaration is admissible whether or not the maker expected to die; the court must scrutinise it for consistency and corroboration.

Expert opinion is admissible but not binding; the court decides the weight to be given to it in light of the expert's qualifications and the reasons given.

Confessions to police are inadmissible; a confession recorded by a judicial authority after warning is admissible and may be used against the maker.

The standard of proof in criminal cases is beyond reasonable doubt; in civil cases it is a preponderance of probabilities, and circumstantial evidence must form a complete chain excluding every reasonable hypothesis of innocence.

Administrative law in Nepal derives from the Constitution, the Administrative Procedure Act 2013 (1956), and the Administrative Courts Act 2031; the Administrative Court hears disputes against government decisions.

Natural justice requires audi alteram partem (hear the other side) and nemo judex in causa sua (no one a judge in his own cause); both apply to quasi-judicial and administrative decisions affecting rights.

Reasoned decisions are required; an order without reasons is vulnerable to challenge for arbitrariness and non-application of mind.

Judicial review of administrative action lies under Article 46 of the Constitution and the Supreme Court's extraordinary jurisdiction; grounds include illegality, irrationality, procedural impropriety, and proportionality.

Delegated legislation must be within the powers conferred by the parent Act, must not be ultra vires, and must be published to be enforceable.

The doctrine of legitimate expectation protects procedural and, in some cases, substantive expectations arising from a public body's consistent representations.

Administrative tribunals must act fairly, observe natural justice, and remain within their statutory jurisdiction; their findings of fact are generally final but subject to review for perversity.

Public bodies owe a duty to act for proper purposes and to take into account relevant considerations while excluding irrelevant ones; abuse of discretion is a ground for judicial review.

The Right to Information Act 2064 (2007) obliges public bodies to disclose information on request, subject to limited exemptions for national security, privacy, and commercial confidentiality.

The Nepal Bar Council Act 2050 (1993) and the Nepal Bar Council Rules govern admission to the bar, enrolment, and disciplinary proceedings against advocates.

An advocate must maintain client confidentiality; disclosure is permitted only with the client's consent or where required by law to prevent a serious crime.

An advocate may not act for both parties in the same matter or accept a brief where a conflict of interest exists; a prior retainer creates a continuing duty of loyalty.

Fees must be reasonable and agreed in advance; contingency fees based on a share of the subject matter are restricted, and an advocate may not purchase the subject matter of litigation.

An advocate must not mislead the court, fabricate evidence, or communicate with a represented opposing party without the consent of that party's advocate.

An advocate must maintain a separate client account for client funds and keep proper accounts; commingling of client money with personal funds is professional misconduct.

Advertising and solicitation are restricted; an advocate may not tout for business or pay a referral fee to a non-advocate.

Disciplinary action for misconduct may result in warning, suspension, or removal from the roll, after notice and an opportunity to be heard before the Bar Council's disciplinary committee.

An advocate who withdraws from a case must do so with the court's leave and must not prejudice the client's interests; the advocate remains bound by confidentiality after the retainer ends.

A plaint should follow the structure: court heading, parties, jurisdiction, facts, cause of action, legal grounds, relief claimed, valuation, and verification.

A written statement must respond to each material allegation, raise specific denials rather than general ones, and plead affirmative defences and counterclaims.

A legal notice should identify the parties, state the facts and the legal basis of the claim, demand specific relief, and set a reasonable deadline before proceedings are commenced.

A contract should define parties, recitals, operative clauses (obligations, payment, term, termination, indemnity, dispute resolution), and execution formalities including witnesses.

Pleadings must be precise and material; a party may not raise at trial a case not pleaded, and amendment of pleadings is allowed where it does not cause prejudice that cannot be compensated by costs.

In oral advocacy, open with the relief sought and the single strongest point; structure submissions around issues, authorities, and the application of law to facts.

Cross-examination should be directed to the opponent's case theory, using leading questions, and should not be used to argue or to repeat examination-in-chief.

Written submissions should cite the provision, the precedent, and the factual application; cite the most authoritative and recent authority first.

Drafting errors in limitation, jurisdiction, and party identity are the most common grounds for rejection or dismissal; verify these before filing.

Nepal's legal system is a civil-law system influenced by the Hindu legal tradition, with the Muluki Ain 2020 (1963) as the first codification of general law.

The Supreme Court is the apex court; below it are seven High Courts and 77 District Courts, with specialised benches for commercial, labour, and juvenile matters.

The Judicial Council recommends appointments, transfers, and disciplinary action for judges; the Constitutional Council recommends appointments to constitutional bodies.

The Nepal Law Commission drafts and revises legislation; the Nepal Gazette publishes laws, ordinances, and notifications, and publication is generally required for enforceability.

The Constitution requires the state to pursue a policy of proportional inclusion and positive discrimination for women, Dalits, indigenous peoples, Madhesis, and marginalised groups.

Nepal is a party to core international human rights instruments, including the ICCPR, ICESCR, CEDAW, CRC, and CAT; ratified treaties are enforceable as law under Article 279 of the Constitution.

The federal budget and ordinances are key annual legal events; ordinances must be approved by Parliament within six months of the commencement of the next session.

Recent legislative developments include the Civil Code and Criminal Code of 2074, the Juvenile Justice Act 2075, and the Privacy Act 2075, which regulate data protection and individual privacy.

Legal aid is provided under the Legal Aid Act 2054 through the Legal Aid Council and district legal aid committees, with eligibility based on indigence and the nature of the case.