Main Logo

Anamnagar, Kathmandu

Office Hours: Sun-Sat
10:00 AM - 05:00 PM

How is a case decided in court?

Decision and execution/judgment.

Introduction & Classification

A judgement is the ultimate decision reached by a court or an authorised person after hearing both sides of a matter and weighing the facts. It settles the dispute between the parties according on the applicable legislation.

If the plaintiff fails to appear, the defendant may win by default if they accept the claims entirely or partially. If not, the case may be dismissed, with the exception of property cases. If a claim is dismissed due to non-compliance with the law, the plaintiff may appeal. Otherwise, they cannot claim or appeal again.

Even if the defendant does not appeal in a criminal case involving several convictions, the government submits it to determine whether the lower court’s judgement was appropriate.

Even if the defendant does not appeal in a criminal case involving numerous penalties, the government submits it to determine whether the lower court’s judgement was appropriate. 

Appeal automatically “Sadhak Jaher”

A dismissal judgement occurs when a case is dismissed for a lack of plaintiff rights, missed deadlines, or incorrect court jurisdiction. In extreme circumstances, such as life imprisonment, the court may automatically send the decision for appeal, a process called as Sadhak Jaher.

In general, a party can appeal to a higher court, but the same issue can be re-filed in the same court, under the Res Judicata principle. However, if many defendants are implicated and third-party rights are jeopardised, a challenge to overturn the decision can be brought within 35 days.

Decisions are not adopted immediately; appeals may postpone finalisation. Only after all appeals are exhausted or pending is a decision enacted. Implementation occurs following the final ruling of the first court, appellate court, or Supreme Court. Execution of a judgement entails retrieving fines, fees, and carrying out orders.

Implementation of Penalty Payment (Bigo Bharaune).

File within three years following the final decision. If it is delayed, it cannot be enforced. If the debtor does not own any property, he or she may face imprisonment.

Deadline Considerations

Actions must be carried out within the time constraints specified, with potential consequences for delays.

Execution of Property or Goods

Apply within two years of the final judgement. A late application within one additional year is permitted for a cost.

Registration/Submission Cancellation:

File within six months of installation.

Execution of Bail Amount (Nikhani)

To make a claim, you must present it within three years. If it is missed, it cannot be claimed.

Partition Implementation

  • File within two years for property partition; a late application within one year is permitted for a fee.
  • Execution matters are normally handled by the court’s tahasil branch.
  • If you are dissatisfied with the tahasildar’s action, you can appeal to the judge, the appellate court, and, if necessary, the Supreme Court.

Important Points to Note

  • For judgements to be implemented, they must be final.
  • Submit submissions by the legal deadlines.
  • Be present on the stated dates.
  • Participate in the judgement execution procedure.
  • If you are displeased with the actions of the tahasildar, you can appeal.

Things To Avoid

  • Executing a judgement while an appeal is still pending.
  • Delaying the appeal date to avoid implementation.
  • Missed the application deadline for judgement execution.
  • Collecting more money than is owed.

obstructing or delaying the execution of the judgement.
Claiming inability to pay as a rationale for delaying execution.

Should you have any questions, please connect with us.

Written by

Alpana Bhandari

Alpana Bhandari is a founding partner and CEO of Prime Legal Consultants and Research Center. She graduated from American University Washington College of Law. She specializes in corporate/arbitration and family law.

Leave a Comment