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LegislationVERIFIED NEPAL LEGAL TERM
Dhara (धारा)
English Equivalent:Article
Definition Summary
"A clause in the Constitution of Nepal."
Detailed Explanation
Dhara refers to an article in the Constitution of Nepal. It should not be used to refer to sections in regular acts or codes.
Legal Basis in Nepal Law
Constitution of Nepal.
Practical Example
Dhara 39 of the Constitution outlines the fundamental rights of children in Nepal.
Statutory Regulations and Civil Procedures in Nepal
Civil rights, statutory acts (Ain), administrative regulations (Niyamawali), and guidelines (Nirdeshika) form the regulatory framework of Nepal under the Muluki Civil Code 2074.
Key Statutory Rules:
- Rule of Law: All citizens, organizations, and public authorities are bound by the Constitution and statutory acts.
- Precedent Value: Judgments delivered by the Supreme Court of Nepal carry binding precedent values for all lower courts.
- Mediation First: Modern civil procedure encourages mediation at local levels (ward committees) to resolve small neighborhood disputes.
- Legal Representation: Litigants have the right to represent themselves or hire a licensed advocate (Kanuni Byabasayi).
Required Documentation:
- Citizenship certificate or official identification documents.
- Local ward recommendation letters related to the case.
- Prior court orders or registry copies if applicable.
- Written legal petitions prepared by an advocate.