Note of CHAPTER 8: INTRODUCTION OF THE KANOON BYAKHYA AIN 2010, from exam perspective, (cursory notes).
CHAPTER 8: INTRODUCTION OF THE KANOON BYAKHYA AIN 2010.
History
In 2008 Pradhan nyayalaya Act 2008 came and on 8th Poush 2009 Pradhan nyayalaya was formulated which aimed to give clarity and interpretation regarding rules and responsibility to organs of the state.
On 2010/10/07 with the Royal Declaration the Kanoon Byakhya Ain 2010 got authentication.
Features of the Act.
- It had altogether 28 sections.
- It offers an authoritative and authentic definition of terms (Section 2).
- It modifies, removes, adds the definition of terms which were often used in court proceedings.
- It offers a blueprint for the courts to ensure consistent interpretation.
- It offers a clarity for lay people to understand authentic definitions of terms used in law.
- The goal of act is: -
- to ensure consistency,
- to remove ambiguity,
- to remove ambiguity,
- to remove manipulation of language.
- However, it is not absolute.
- This Act is extrinsic aid if the other Acts has already defined the conflicting words.
Cases:
Bharat Mani Jangam Vs. Cabinet of Ministers Secretariat, NKP 2060, D.N. 7188
Ishwor Prasad Adhikari Vs. Nepal Government, NKP 2064, D.N. 7837
Sukdev Gautam Vs. Nepal Bar Association, NKP 2060, D.N. 7236
Prepared and Edited by Manish Rajak and Madhu Dahal
