Fri. Oct 15th, 2021

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Supreme Court Act, 2048 (1991)

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Preamble: Whereas, it is expedient to make some legal provision relating to Supreme Court,Now, threrfore, be enacted by the Parliament in the Twentieth year of the reign of His Majesty’s the King Birendra Bir Bikram Shahadev.

1. Short title and commencement:

(1) This Act may be called ” Supreme Court Act, 2048
(2) This Act shall come into force immediately.

2. Definitions:

In this Act, unless the subject or context otherwise requires,-
(a) “Constitution” means the Interim Constitution of Nepal, 2063.
(b) “Chief Justice” means the Chief Justice of Nepal and this expression also includes the Acting Chief Justice of the same.
(c) “Justice” means the Justices of the Supreme Court and this expression also includes the Chief Justice and ad hoc judges of the same.
(d) “Prescribed” or “as prescribed” means prescribed or as prescribed by the Rules framed under this Act.

3. Location of Supreme Court:

The Supreme Court shall be situated in Kathmandu. Provided that, the Supreme Court may establish its bench and exercise its jurisdiction or carry out other functions in the place specified the Chief Justice with the approval of the Government of Nepal.

4. Application of the jurisdiction of the Supreme Court:

(1) The power of the Supreme Court to hear and dispense judgment in the cases shall be exercised by the Single Bench of one Judge or Division Bench, Full or Special Bench of more than one Judges.
(2) Except otherwise provided in Sub-Section (1), the exercise of other powers of the Supreme Court shall be made by the Full Court, Committee or by the Registrar of the Supreme Court as prescribed .

5. Special provision about the date of attendance (Tarikh)

In cases except the case heard by the Supreme Court under original jurisdiction, if a party wishes, not to be present at the date of attendance (Tarikh) for hearing with the permission of the court; If the party has appointed legal practitioner, the Court may consider him/her as the representative of the party and hear the case. Provided that, if the party wishes again to be present at the date of attendance or appoint an attorney (waresh) gent and the Court may keep in presence or keep in the date of attendance if deems necessary.

7. Contempt of Supreme Court and Subordinate Courts:

(1) Supreme Court may impose punishment up to one year imprisonment or fine up to ten thousand rupees
or both to the person convicted, in case wherein the Supreme Court has initiated the proceeding of its own contempt or contempt of subordinate courts or judicial authorities
(2) Notwithstanding anything contained in Sub-Section (1), if the accused or convict apologize to the satisfaction of the court, the Supreme Court may pardon or excuse, remit the punishment imposed or may suspend the punishment
with conditions determined by the Court and if the conditions as are fulfilled the court may order not to execute the penalty.

8. Oath:

The Chief Justice shall take oath of the office before the President and other judges shall take oath of the office before the Chief Justice as specified in the schedule.

9. Registrar:

(1) The Registrar shall act as an administrative chief of the Supreme Court under the general direction and control of the Chief Justice.
(2) The function, duties and power of the Registrar shall be as prescribed.
(3) The Registrar may delegate the power conferred to him/her powers to his subordinate officers.

10. Annual Report:

The Supreme Court shall publish an Annual Report relating to the functions and activities carried out by it and subordinate courts

11. Power to frame Rules:

(1) The Supreme Court may frame the Rules to regulate the exercise of its jurisdiction and systematize the procedure                                                                                                                         (2) Without prejudice to generality of the powers conferred by Sub-Section(1) the Rules particularly may provide for the following matters:

(a) The matter relating to the exercise of the jurisdiction of the Supreme Court by Single Bench of one Justice or Division Bench, Full or Special Bench of more than one Justice.

b) The matter relating to the appeal, reference (sadhak) and filing of petitions in the Supreme Court for review and revision.

c) The matter relating to the petition to be filed pursuant to the SubArticle (1) and (2) of Article 107 of the  Constitution.

d) The matters whether to keep in detention, imprison or release in bail or guarantee to the appellant who files an appeal in the Supreme Court challenging the conviction incurred by the decision of the
subordinate court.

e) Procedure relating to the contempt of court,

f) Any matter relating to the court proceeding.

12. Repeal:

Supreme Court Act, 2019, is, hereby, repealed

Schedule

I……………………………….. swear affirm in the name of god/promise with truth and loyalty that I shall discharge the responsibility of the post of the Chief Justice/Justice benevolently with full loyalty to the Interim Constitution of Nepal, 2063; faithfulness to the nation, without any fear, bias, affection or malice.

Date:       Signature :

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