Nepal Bar Advocate Exam flashcards

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

Promulgation date of Constitution 2072

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

Article 46 writ jurisdiction

Article 46 of the Constitution empowers the Supreme Court and High Courts to issue habeas corpus, mandamus, certiorari, prohibition, and quo warranto for enforcement of fundamental rights.

Reasonable restriction test

Article 47 permits restrictions on fundamental rights only by law, only on specified grounds such as sovereignty or public order, and only to the extent necessary and proportionate.

Constitutional amendment procedure

Under Article 274 an amendment bill requires a two-thirds majority of total membership of each House, plus provincial assembly approval where sovereignty, territory, or fundamental rights are affected.

Res judicata effect

A final decision by a competent court between the same parties on the same subject matter bars a fresh suit on that matter, preventing multiplicity of litigation.

Limitation period for contracts

Under the Limitation Act 2058, contractual claims generally must be brought within three years, while suits to recover immovable property generally allow twelve years.

Temporary injunction conditions

A court grants a temporary injunction where the applicant shows a prima facie case, irreparable injury not compensable in damages, and a balance of convenience in the applicant's favour.

Standard of proof criminal

In criminal proceedings the prosecution must prove the charge beyond reasonable doubt, and any reasonable doubt entitles the accused to acquittal.

Twenty-four hour production rule

An arrested person must be produced before a competent court within twenty-four hours of arrest, excluding travel time, as guaranteed by Article 20(3) of the Constitution.

Juvenile criminal responsibility

Under the Juvenile Justice Act 2075, a child below ten years bears no criminal liability, and offenders aged ten to eighteen are handled by juvenile benches with rehabilitative sentences.

Bailable versus non-bailable offence

In bailable offences bail is a matter of right, while in non-bailable offences the court exercises discretion weighing gravity, flight risk, and evidence tampering.

Minor's contract void

Under the Muluki Civil Code 2074 a contract entered into by a minor is void ab initio, though the minor may be liable in restitution for necessaries supplied.

Doctrine of frustration

Where performance becomes impossible or unlawful after formation due to an event beyond the parties' control, the contract is discharged and future obligations cease.

Contra proferentem interpretation

Ambiguous terms in a standard-form contract, especially exclusion clauses, are construed strictly against the party who drafted and relies on them.

Registration of land transfer

A deed transferring immovable property must be registered under the Land Revenue Act 2028 to be valid against third parties; an unregistered deed confers no enforceable title.

Land ceiling under Land Reform Act

The Land Reform Act 2021 (1964) imposes ceilings on landholding; acquisition beyond the ceiling is void and surplus land is redistributed.

Prescriptive easement

A right of way, water, light, or air may be acquired by continuous, open, and peaceful use for the statutory period without the servient owner's objection.

Private company shareholder limit

Under the Companies Act 2063 a private company may have up to 101 shareholders and may not invite the public to subscribe for its shares.

Directors' fiduciary duty

Directors must act in good faith, with care, and in the company's best interest; an interested director must disclose the interest and abstain from voting.

Arbitration Act 2058 grounds

An arbitral award may be set aside only on limited grounds such as lack of jurisdiction, procedural irregularity, or conflict with public policy.

Marriage age under Civil Code

Under the Muluki Civil Code 2074 both parties must be at least twenty years old, give free consent, and register the marriage with the local registrar.

Child custody welfare principle

Custody is decided on the welfare of the child; the Civil Code presumes the mother suitable for children below five, subject to the court's assessment.

Adoption age gap requirement

Under the Civil Code and Adoption Act, the adopter must be at least twenty-five years older than the child, and the child's consent is required where the child can give it.

Dying declaration admissibility

A statement by a person as to the cause of death is admissible whether or not death was expected, but the court scrutinises it for consistency and corroboration.

Hearsay rule and exceptions

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

Burden of proof shifting

The burden lies on the party asserting a fact, but shifts where a statute presumes a fact or where the opposing party has special knowledge of the matter.

Audi alteram partem

The rule that no person may be adversely affected by an administrative or quasi-judicial decision without notice of the case and a fair opportunity to be heard.

Ultra vires delegated legislation

Subordinate legislation is invalid if it exceeds the powers conferred by the parent Act, violates the Constitution, or has not been duly published.

Legitimate expectation doctrine

A public body's consistent representation may create a legitimate expectation of fair procedure or, in limited cases, of a substantive benefit, enforceable in judicial review.

Client confidentiality duty

An advocate must keep client information confidential and may disclose it only with consent or where law requires disclosure to prevent a serious crime.

Conflict of interest prohibition

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