Tale of Two News
This post contains two news that were out on the same day. The first report is about the call for strengthening justice mechanism in Nepal and the second one is about a verdict handed out by Supreme Court of Nepal under Nepalese Trust Act. The exact location of the news on the web could not be located now. Both the reports are taken from Kantipur.
NBA tells CJ to iron out justice system
The office bearers of the Nepal Bar Association Friday called on Chief Justice Kedar Prasad Giri urging him not to issue any contradictory orders and to speed-up the case hearing process.A few days back, NBA representatives, expressing dissatisfaction over the justice system and activities like “hooliganism” inside the court premises, submitted an 11-point suggestion to the chief justice to give transparent verdicts in a swift manner.
On January 17, a group of people shouted slogans against the judges and tried to vandalise a Supreme Court bench while it was conducting a hearing on a case on Thursday.
Stating that a writ petition of the same subject has been treated with bias, the NBA representatives also suggested introducing a basic format while issuing interim orders and preemptive orders.
SC bans transactions in Rajguthi land
The Supreme Court (SC) on Thursday put an end to transactions in Rajguthi land owned by the government trust known as Guthi Sansthan.In a ruling to the government, the Supreme Court said such a move was necessary to preserve Rajguthi lands, which are decreasing day by day.Generally, guthi land cannot be bought or sold. However, Rajguthi land can be bought or sold after it is converted into Raitan Numberi – land on which tax is paid by the tenant to the Guthi Sansthan.The provisions in the Guthi Sansthan Act 1976 allowing the conversion of Rajguthi land into Raitan Numberi have been ruled null and void by the bench comprising Justices Ram Prasad Shrestha, Bal Ram KC and Damodar Prasad Sharma as these provisions violated people’s cultural and religious rights guaranteed by the Interim Constitution.
The bench issued the ruling in response to public interest litigation filed by Pro Public, an NGO. The litigation mentioned that the existing legal provisions had allowed rampant misuse of Rajguthi land and caused massive decrease in such lands.
The court also ordered the government to stop the practice of exchanging private Guthi land with other lands. At present, the practice of exchanging expensive Guthi land with less valuable land is prevalent. Consequently, expensive land owned by private Guthis is decreasing, according to the litigants.
Land owned by private Guthis is being misused in other ways as well. According to the litigation, Guthi land is being sold after creating a bank fund equivalent to the minimum price of the land. The court also ruled this practice illegal on Thursday.
The apex court also ordered the government to implement the recommendations of the Guthi Commission led by senior advocate Basanta Ram Bhandari. The commission had recommended to the government a number of ways to check irregularities in connection with Guthi land but none of them have been implemented yet.
About this Blog!!!
Welcome to all the visitors of this Blog,
In this post, I would like to tell you why this blog is created and what is its objectives. Till now, in all the post, what I have presented here is just a Copy and paste of Legal News from various source.
As i did not have much time to work on the blog, I was unable to comment on the merits of each article. Since it was just a start, I thought that I assimilate some articles now, and when I have time, I comment on that as well.
After few days, You can see articles with appropriate comments and my views on various legal developments.We know that Legal Profession is considered to one of the noble profession in world. In our country also, this profession is looked as highly valued profession. But, our country has not seen that great momentum in legal services and development. We are generally lagging behind in technology and its use in legal sector.
Right now also, there are very few lawyers who have profile on internet and very few resources are available. Internet based research is a very great tool which might have been understood by all but has not been used so regularly in Nepal.When I search blogs related to Nepal and its legal development, there are very few. Quite a few are working on this area. So, I thought that why should not I initiate a process where maximum people can be benefitted. In response of my instinct to enrich legal luminary in Nepal and in return to get educated from various legal persona from their experience, I have started this blog.
So, my Dear Learned brothers, I respectfully submit before your most respected tribunal let this blog bloosm in Nepal’s legal sector.
Much obliged!!!!
Rajib Dahal
A law student
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