it includes notes regarding the concept on procedures to various stages of civil and criminal litigation for exam perspective (cursory notes).
Procedure relating to various stages of Civil litigation are as follows:-
i. Filing of the complaint :
- Section (85-98 ).
- The complaint or firadpatra must include limitation of time, local standi and the jurisdiction related legal provision and the court fee is NPR 200.
ii. Notice / Italayanama:
- Section (99-118).
- It is issued within 7 days excluding the time for journey.
iii. Presence of defendant:
The defendant after receiving the notice must be present within 21 days.
iv. Filing of response deed /pratiutarptra:
- Section (119-125 )
- The defendant can file such a response deed with counter argument and fully or partially acceptance.
v. Preliminary hearing - Section (131-134 ):
vi. Examination of evidence - Section (161-178 ):
- It is generally done within 7 days.
vii. Testimony of witness -Section (179-189):
viii. Date of hearing:
ix. ADR if applicable - Section (193-195)
x. Deliver judgment - Section (197-200 )
xi. Appeal - Section (205-218 )
xii. Execution of judgment - Section (229-253 )
Procedure relating to various stages of criminal litigation are as follows:-
i. Filing of FIR first investigation report. (Section 4,5)
ii. Investigation
- It is done by A.S.I. or higher level officers for the collection of evidence at the scene of crime and also to issue an arrest warrant if needed for the investigation.
iii. Drafting of deeds.
- Deed of field inquiry.
- Deed of seizure.
- Deed of search.
- Deed of examination of dead body.
- Deed of scene of crime.
- Deed of identification.
iv. Chargesheet. (Section 34-44)
v. Summon. (Section 59 )
vi. Charge is made clearly understood to accused
vii. Statement of accused is recorded
viii. Order in regard of giving judicial custody / bail / bound or simple date
ix. Detention order
x. Examination of evidence. (Section 99-125)
xi. Testimony of witness. (Section 101-102)
xii. Mediation if applicable. (Section 120 )
xiii. Judgment and hearing. (Section 121-133)
xiv. Appeal. (Section 134-150 )
xv. Execution of judgment. (Section 151-168)
Prepared and Edited By: Manish Rajak & Madhu Dahal
