Characteristic of Nepalese

procedural Law
• Nepalese procedural law is the hybrid
derivation of civil and common legal system.
• It deals with Civil cases and criminal cases.
• It was influenced by dharmashastra in the
ancient period.
• Muluki ain (1910) by Junga Bahadur Rana as
first civil code.
• The present procedural law is highly
influenced by common law system but civil
law system can also be seen.
• Have Adversary/Accusatorial court system.
• Provision of administrative and judicial proceeding.
• Provision of Summary procedure, General
procedure and Special procedure.
• Two separate General code and procedure for civil
and criminal matters.
• No separate civil and criminal bench.
• The Nepalese procedural law doesn’t different
between private and public. It deals with both as a
legal body .
• Nepalese procedural Law is governed by the
Civil Procedure samhita 2074 for civil cases
and criminal Procedure samhita 2074 for
criminal cases.
• There are other Act rules, Regulations and
procedure are governed the procedures for
court functioning and other Process.
• Nepalese procedural Law mostly acts on three
forms as on court procedure:
1. General procedure
2. Summary procedure
3. Special procedure
• General procedures consist of normal procedures other than
summary and special.
• Most of the civil and criminal cases falls under general
procedures .
• Summary procedure is the process followed for speedy trial
and basic small issues .The issues are heard by CDO office ,
revenue office quasi judicial bodies and tribunals.
• The special procedure is(For the special case Corruption,
Money Laundering, Crime against State and Punishment,
Corruption and investigation of abuse of authority etc ) carried
out on the special court.
• The matter of public interest : The Constitution of Nepal 2072
is the supreme law of Nepalese legal system. Any person shall
have right to file PIL(public Interest Litigation) over any public
issues.
• Provision of Alternative Dispute Settlement and its separate
procedure.
• Provisions of separate bench system(Juvenile bench,
commercial Bench etc.)
Accepted the basic principles :
a) Principle of Natural Justice,
b) Principle of Locus- Standi,
c) Principle of Stare-Decisis and Ratio-
Decidendi,
d) Principle of Res-Judicata,
e) Principle of Limitation/Laches, etc.