Law Info Nepal

1.3 General, Summary and Special Procedures

यो उत्तर युनिट १ मा छ — पूरै निःशुल्क।

The three procedural tracks — learn the design logic: the dispute-type's nature drives the procedure's shape. A. General (ordinary) procedure — the full civil and criminal journeys of the regular courts: The civil route (the Civil Procedure Code 2074's map): plaint → summons and defence → the mediation-first mandate (the court's reconciliation duty) → framing of issues → evidence → judgment and decree → execution (tameli) → appeal/revision/review. (Unit 4 carries each stage in detail.) The criminal route (the Criminal Procedure Code 2074's map): FIR (pratham suchana) → investigation (with the 24-hour production discipline and remand control) → the government attorney's charge-sheet (rajupatra) or release → trial (charge framing, prosecution evidence, defence) → judgment and sentencing → appeal; the bail-and-release machinery throughout.

B. Summary procedure — the small-and-simple claims' fast track: the reduced stages (limited evidence, short timelines, immediate executability). The Nepali codes' summary-suit provisions (debt-and-fixed-amount suits; the cheque-and-negotiable-instrument practice). The policy: the minor-claims' proportionality — the cost-versus-value correction, so that the remedy does not cost more than the right. C. Special procedures — the catalogue of tracks shaped by the case's character: The writ jurisdiction — the summary-and-extraordinary constitutional route: the petition, the interim orders, the show-cause, the full decision (Unit 7); In-camera and juvenile procedures — the Children's Act's child-friendly rules: the closed court, the separate records, the diversion; Family-case procedures — reconciliation-first, privacy-protected; Election disputes — the constitutional bench's exclusive docket; Contempt — the summary-punishment power; Administrative and public-procurement review patterns; insolvency and company liquidation routes; extradition and mutual legal assistance (the treaty machinery).

The design logic (the exam's closing line): one general road for the ordinary case, a fast lane for the small case, and special vehicles for the case that needs them — the child, the family, the constitution, the commerce — each with its own track. The courts' procedure serves the case's character, not the reverse. Exam Focus Long questions: "Define procedural law and explain its nature and importance." / "Distinguish procedural law from substantive law with examples from Nepali statutes." / "Explain general, summary and special procedures with Nepali illustrations — what is the design logic of the three tracks?" Short questions: adjective law / karyabidhi kanoon; the handmaid metaphor and its correction; no-vested-right-in-procedure; limitation as the boundary's hard case; mediation-first mandate; tameli; summary procedure's proportionality policy.

Trick areas: (i) procedural law is rights-bearing itself (Article 20's fair-trial guarantees are procedural rights) — not merely a servant; (ii) limitation is procedural in classification, substantive in effect; (iii) the Evidence Act is 2031, not 2030; (iv) the three tracks are distinguished by purpose, not by court — the same court runs all three.

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