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COURT OF APPEAL

Composition

The Court of Appeal is the second tier in the hierarchy of the Courts in Nepal. Sixteen Court of Appeal in various geographical locations are established under the Supreme Court. The Court of Appeal is composed of the Chief Judge, Judges and Additional Judges. The judges of the Court of Appeal are appointed by Chief Justice under the recommendation of the Judicial Council. The Registrar and other officers of the Court are appointed by The Government of Nepal under the recommendation of the Judicial Service Commission.

The Chief Judge or the judges of the Court of Appeal are appointed from among the individuals either who have worked as a District Judge or as an officer of Nepalese Judicial Service in an equivalent rank for a minimum of seven years, or any Senior Advocate or Advocate with minimum practicing experience of ten years, or any legal researcher or law teacher or person engaged in any field of law and justice for a minimum of ten years.

The Judges of the Court of Appeal hold their office till the age of sixty three. They may resign from their office at any time by submitting resignation to the Chief Justice or if the Chief Justice under the recommendation of the Judicial Council may dismiss them on the ground of incompetence, or bad moral conduct, or dishonesty.

Power and Functions

The Court of Appeal are empowered to hear appeals, writ petitions and try certain cases under their respective jurisdiction.

Power of Hearing Appeal

Section 8 (1) of the Administration of Justice Act of 1991 has empowered the Court of Appeal to hear appeal against the judgments delivered by the District Courts and various quasi judicial bodies.

Power of Hearing Writ Petitions

Section 8 (2) of the Administration of Justice Act of 1991 has given the power to the Court of Appeal to issue the writs of Habeas Corpus and Mandamus in the cases of violation of civil rights of individual. Similarly, the Court may issue an order of injunction for this purpose.

Power to try Certain Cases

Section 8 (3) of the Administration of Justice Act of 1991 has given the power to try certain cases as specified by law. Likewise, this Court shall try the cases transferred by the Supreme Court (from among the cases filed in the District Courts) taking into consideration to the complexity of the issue, or to provide speedier justice in prolonged disputes.

Administration

The Registrar of the Court of Appeal is the overall incharge of the administration of the Court. However, She/he has to work under the general guidance of the Chief Judge of the respective Court of Appeal. The Registrar is assisted by the Deputy Registrar and other officers representing various sections of the Court. The Registrar has to receive and register the appeal petitions, the writ petitions and various forms of litigation. Similarly, she/he has to complete procedural requirements in the cases, as specified by law.

The Registrar is also responsible for implementing the decisions of the Full Court of the respective Court of Appeal. Besides, she/he has a key role to maintain relations and communicate information between the Supreme Court and subordinate District Courts in all administrative matters.