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📘 Kharidar syllabus: Paper III, Section C, Units 5.3–5.6 · Open the full Kharidar course
Section C of Paper III tests basic legal knowledge that every Kharidar needs when receiving applications, cases and notices. Learn each term with a one-line meaning and an example.
1. Courts: levels, structure and jurisdiction (Unit 5.3)
| Court | Number and role |
|---|---|
| Supreme Court | The highest court and a court of record; Chief Justice plus up to 20 justices; extraordinary (writ) jurisdiction (Article 133); Constitutional Bench (Article 137) |
| High Courts | 7, one in each province, with benches; hear appeals and have writ jurisdiction (Article 144) |
| District Courts | 77, one in each district; courts of first instance for ordinary civil and criminal cases |
| Others | Special Court, Administrative Court, Revenue Tribunal, Debt Recovery Tribunal, Foreign Employment Tribunal; local judicial committees settle some local disputes |
Jurisdiction (क्षेत्राधिकार) means the power of a court to hear a case: original (first hearing), appellate (appeal) and extraordinary (writs). Article 127 sets the three tiers. More in Judiciary of Nepal.
2. Hakdaiya, hadmyad, myad and tarikh (Unit 5.4)
| Term | Meaning | Example |
|---|---|---|
| हकदैया (Hakdaiya) | Legal right or standing to file a case: the person must have a lawful interest in the matter | Only the owner (or authorised person) can sue for return of his land |
| हदम्याद (Hadmyad) | The time limit set by law within which a case must be filed; a late case is barred | A case filed after the legal limit is rejected as “हदम्याद नाघेको” |
| म्याद (Myad) | A time limit given by a court or office to appear, reply or act; also the notice itself (म्याद पुर्जी) | 15 days given to file a reply |
| तारेख (Tarikh) | The next date fixed by the court on which a party must appear | Parties remain “on tarikh” during the case |
3. Written submissions, darta and darpith (Unit 5.5)
- लिखत (likhat): any written document that creates, transfers or ends a right or duty, such as a deed or contract.
- Applications and plaints must follow the prescribed format: names and addresses, subject, facts, legal grounds, demand, evidence list, signature, date and court fee.
- दर्ता (darta): registering a plaint, application or document in the office or court register when it is in order.
- दरपीठ (darpith): when a document cannot be registered, the officer writes the reason on its back and returns it. The person can challenge a darpith before the judge or office chief.
- फिरादपत्र = plaint in a civil case; प्रतिउत्तरपत्र = written reply of the defendant.
4. Myad tameli (Unit 5.6)
- म्याद तामेली is the serving (delivery) of a summons or notice to the concerned person in the legal way.
- Methods: handing it to the person, to an adult family member at home, posting at the house or ward office in presence of witnesses, or by post, email or publication where the law allows.
- Proper tameli is important because a case can be decided only after the other party has been properly informed.
5. Legal terms at a glance
| Term | Meaning |
|---|---|
| Habeas corpus | Produce a detained person before the court |
| Mandamus | Order to perform a public duty |
| Certiorari | Quash an illegal decision |
| Prohibition | Stop a lower court or body from acting beyond its power |
| Quo warranto | Ask by what authority a person holds a post |
| Sub judice | Matter under consideration by a court |
| Prima facie | At first sight |
| Ex parte | Decision in the absence of one party |
| Locus standi | Right to bring a case to court |
| Amicus curiae | Friend of the court; an expert who advises |
6. How this topic is asked in the exam
Objective items give a term and ask its meaning or ask which writ is used in a given situation. Subjective questions ask about writ jurisdiction under Articles 133 and 144.
📌 Key points to remember
- Courts: Supreme Court, 7 High Courts, 77 District Courts (Article 127).
- Hakdaiya = right/standing to sue; hadmyad = legal time limit to file.
- Myad = time given to appear or reply; tarikh = next appearance date.
- Darta = registration; darpith = reason written on the back when registration is refused.
- Myad tameli = legal service of summons or notice.
📝 Quiz
Test yourself: Hakdaiya, Hadmyad, Myad, Tarikh, Likhat, Darta–Darpith and Myad Tameli
15 questions on Courts: levels, structure and jurisdiction (Unit 5.3), Written submissions, darta and darpith (Unit 5.5) and Myad tameli (Unit 5.6).
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