It includes notes regarding the concept of procedures relating to execution of judgement for exam perspective (cursory notes).
Procedure relating to execution of judgment.
Laws :-
- Supreme Court regulation 2074: - Rule 129,130,131
- Muluki Civil Procedure Regulation 2075.
- Country Civil Procedure (Code) Act 2074: - Section 229-253
- Country Criminal Procedure (Code) Act 2074: - Section 151-168
In civil procedure
The procedures relating to execution of judgment in civil proceedings can be described as follows: -
- Record to be prepared (section 229).
- Execution of judgment or order by concerned district court (section 230).
- Stay of execution of judgment (section 231).
- Not to bar execution of judgment or deed of compromise (section 232).
- Attorney may be appointed (section 233).
- Opportunity to be given for compromise or mediation (section 234).
- Parties to remain on recognizable (section 235).
- Power to execute judgment upon collecting additional fee (section 236).
- Cases may be taken over or expired date for appearance may be extended (section 237).
- Procedures for enforcement (238).
- Imprisonment for claimed amount or fine (section 244).
- Matter to be done when the judgment debtor dies(section 245).
- Fee chargeable for the execution of judgment (249).
- Complaint may be made (section 250).
In criminal procedure
The procedures relating to execution of judgment in criminal proceedings can be described as follows: -
- To establish a record of sentence by the concerned court (section 151.
- Bodies for the judgment execution is the District Court where the charge sheet or plaint has been filed (section 152).
- Postponement of execution of judgment (section153).
- Payment of money in lieu of imprisonment (section 155).
- Property to be attached belonging to a person against whom a warrant for arrest has been issued (section 156).
- Remission of sentence in the event of death of the person sentenced (section 158).
- Pardon may be made with a petition to the president through the Ministry of Home Affairs (section 159).
- Execution of sentence of fine (section 162).
- Recovery of amount under judgment from bail/bond (section 166).
Prepared and Edited By: Manish Rajak & Madhu Dahal
