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A Study of Human Trafficking Under the Garb of Foreign Employment in the Nepalese Context

Posted on October 31, 2021 by NepScholaris Leave a comment

Narayan Prasad Sharma

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Of Judgements and Greater Judgements: Analysing the case of Gandib Kafle v High Court of Patan and Others (2022)
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The Supreme Court of Nepal in the recent case of Gandib Kafle v. High Court of Patan and Others (2022) has clarified confusions pertaining to right to appeal and limitation period on it. In doing so, the court has clarified simple yet important definitions like “judgements”, “final decisions”, etc. Further, it has clarified the role of an agent and a lawyer in a case, and how their acts, can in some situations, trigger the limitation period for the principal (client). While the case dealt with a criminal matter, the article has extended the application of the jurisprudence highlighted in the case, to cases of civil wrongs. Further, the confusions pertaining to the old Muluki Ain, 2020 B.S. has been clarified. A reader can thus observe how the jurisprudence has gradually developed. The article also makes reference to Indian Case Laws so as to bring more clarification to the table. The article has been authored by Mr. Divas Bashyal, a B.B.M., LL.B. graduate from Kathmandu University School of Law.

Neupane Law Associates, Kathmandu is hiring Interns (Paid), Future Trainee Associates, and Senior Associates from Nepal!

O.P. Jindal Global University is hiring faculties from Nepal!

Call for Research Assistants.

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