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Feb 16, 2022 2 min read
Cryptocurrency in Nepal: Regulation or Prohibition? #crypto #Nepal #legalanalysis

In a recent notice (https://www.nrb.org.np/contents/uploa...) alleging Virtual Currency/Cryptocurrency and networking marketing related transactions and businesses to be illegal, Nepal Rasta Bank, the central bank of Nepal, has warned that not only the Nepalis and foreign nationals within Nepal but also the Nepali citizens abroad of legal actions if they are engaged in aforementioned transactions.

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Jan 2, 2022 8 min read
Accelerating Drugs cases in Nepal: What regulates them?

You heard that? Popular rapper of Nepal ‘Laure’ has been arrested for a drug offense. It is reported that he was in a state of drug consumption. Narcotic Drugs (Control) Act, 2033 (1976) is the governing Law of Nepal. Here is the brief with key points of the Law.

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Dec 24, 2021 4 min read
Smart Wakil Discussion Forum: An introduction

Smart Wakil is your one-stop information source ONLINE for all law related news, analysis and commentary. We bring significant events and trending topics surrounding litigation, policy developments, corporate deals and more, right at your fingertips. Smart Wakil strives to cover current affairs and key developments in a timely manner. What’s more convenient than being able to browse the latest legal headlines with their analysis from home, office or on the go?

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Dec 15, 2021 3 min read
Religion Conversion: Is it Legal in Nepal?

Pastor Keshav Raj Acharya (the man that went viral on social media a few years back for his “ Yasu ko naam ma hatija”) has been sentenced to two years in prison and fined Rs 20,000 for  forcibly converting a woman’s religion in Dolpa.

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Sep 14, 2021 1 min read
Full tax exemptions for the production of vaccines, oxygen and sanitary pads for 3 years!

The government has introduced a substitution budget for the ongoing fiscal year 2021/22 of Rs 1.63 trillion on Friday, September 10, 2021. The budget, among other provisions, gurantees tax exemptions for the production of vaccines, oxygen and sanitary pads for three years from the outset of production. The sectors will further receive tax exemption of 50% in the next two years

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Aug 11, 2021 3 min read
बैंकलाई सामाजिक सुरक्षा कोषमा सूचीकृत हुन दबाब नदिनू: सर्वोच्चको अन्तरिम आदेश!!

माछापुच्छ्रे बैंक लि. कर्मचारी संघको तर्फबाट अख्तियार प्राप्त विकास श्रेष्ठद्वारा २०७८/०४/१०मा श्रम रोजगार तथा सामाजिक सुरक्षा मन्त्रालय विरुद्ध उत्प्रेषणको रिट निवेदन दायर भएको थियो जसमा सर्वोच्च अदालतले २०७८/०४/१९मा माननीय न्यायधीश: श्री अनिल कुमार सिन्हा, डा. श्री कुमार चुडाल र श्री नहकुल सुबेदीको पूर्ण इजलासद्वारा कर्मचारी संघको पक्षमा अन्तरिम आदेश जारी गर्दै बैंक तथा बित्तीय संस्थाहरुहरुका हकमा सामाजिक सुरक्षा कोषमा सूचीकृत हुन दबाब नदिन आदेश दिएको छ।   “यो अन्तरिम आदेश बैंक तथा बित्तीय संस्था सम्बन्धित ऐन बम्मोजिम स्थापित तथा नियमन भइरहेका बैंक तथा बित्तीय संस्थाहरुको हकमा मात्रै लागू हुन्छ!”

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Aug 6, 2021 1 min read
विद्युत् प्राधिकरणको कार्यकारी निर्देशकमा फेरी पनि कुलमान घिसिङ??

प्रधानमन्त्री शेरबहादुर देउवाले कुलमान घिसिङ्गलाई नेपाल विद्युत प्राधिकरणको कार्यकारी निर्देशकमा नियुक्त गर्न ऊर्जा, जलस्रोत तथा सिँचाईमन्त्री पम्फा भुसाललाई निर्देशन दिएका छन् र नियुक्ति प्रक्रिया अगाडि बढाउन पनि भनेका छन्। नेपाल विद्युत् प्राधिकरणको कार्यकारी निर्देशकको रुपमा चार वर्ष काम गरेर २०७७ साल भदौमा सेवानिवृत्त भएका कुलमान घिसिङ्गले प्राधिकरणमा रहँदा लोडसेडिङको अन्त्य र चुहावट नियन्त्रणमा सफल भएका थिए ।

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Jul 28, 2021 1 min read
The onus lies on the sellers, not the buyers!

As the internet becomes more essential, complaints of poor service increase. ISPs blame consumers’ choices- low bandwidth purchase, too many people using the internet at the same time from one connection, the distance between the router and the device, quality of the router and contention ratio along with infrastructure issues, pointing fingers elsewhere rather than at the quality of their service.

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Oct 10, 2021 7 min read
Directive on Prior approval of Public Issue of Shares of companies related to Electricity, 2078

In accordance with Rule 45 of the Electricity Regulation Commission Rules, 2075, the Electricity Commission (hereinafter “the commission”) has formulated and implemented this directive relating to getting  the prior approval from this Commission for public issue of shares of companies licensed to generate, transmit, distribute or trade electricity.

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Sep 28, 2021 7 min read
Sexual Harassment in the Workplace (Prevention) Act, 2015: An analysis

In order to comply with the mandamus issued by the Supreme Court of Nepal in the case of Advocate Sharmila Parajuli vs. His Majesty’s Government , the Government of Nepal, proceeded with legislation. The legislation ‘Sexual Harassment in the Workplace (Prevention) Act, (2015)’ (hereinafter “Act”)was passed aiming to provide the right of a safe workplace to every individual that came into effect from February 20, 2015. The sole purpose of this Act is to provide the right of protection against any kind of sexual harassment in the workplace faced by the employees as well as the customers. The act has declared itself as a ‘Gender-neutral’ legislation. This article explains the noticeable features of the Act.

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Jul 28, 2021 5 min read
Directive to conduct Court hearings via audio-visual medium (Video Conference), 2078

The Supreme Court of Nepal recently issued a Directive to conduct Court hearings via audio-visual medium (Video Conference). The Apex Court is granted the power to issue such directives by Rule no. 164 of the Supreme Court Rules, 2074. The primary objective of the Directive is to apply Information Technology (IT) to make the justice dissemination process more accessible, effective and efficient.

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Jul 28, 2021 22 min read
Lex Summary: Asset (Money) Laundering Prevention Act, 2064

The AML Act and its 2014 amendments, and the Unified Directives issued by Rastra Bank, have introduced AML requirements that are in line with international standards, such as a requirement to establish the identity of customers (including politically exposed persons (PEPs) and beneficial owners of companies), transaction monitoring, risk assessment, reporting of suspicious / high-volume transactions and applying risk based approach both in AML compliance and reporting.

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Jan 14, 2022 6 min read
Can foreigners enjoy Fundamental Right? The case of Robert Ian Penner , 2075

Robert Ian Penner, a permanent resident of Canada who came Nepal via working visa in Sprout Technology had lodged a writ in Supreme court of Nepal on 2073/01/22, asserting that he was arrested by police without any notice and kept in Immigration Department for more than 26 hours which violated principle of natural justice. He stated that he was forced to sign a paper that stated cancellation of his working visa and he should return back to his country within 2 days. With the notice of order of Immigration department, Sprout Technology conducted a meeting in the Board on 2073/01/22 and fired him and he flew back in 2073/01/23.

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Nov 23, 2021 8 min read
Advocate Roshni Poudel Versus Government of Nepal, 2077 B.S

During the lockdown, the state has closed down many facilities like reproductive rights related, right to justice ( against domestic violence), which affected many women inside the state territory as the facilities of quarantine provided by the state are not safe for women. State put a blind eye to the high-risk group who had to stay out of the national territory. Moreover, those who lost their lives are exposed to full address harm their right to privacy and create social tension. The Federal Government formed a High-Level Committee for the Prevention and Control of Covid-19 without involving women, which raised questions over the principle of proportional inclusiveness. Plaintiff filed a Writ petition Mandamaus and necessary directive orders in the name of Government.

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Jul 28, 2021 7 min read
Sun Fitting Pvt. Ltd. v. Saroj Kumar Dahal on behalf of Sandeep Industries (Dn. No. 10304)

Nepal is committed to discredit “protectionism” in the areas of trademark registration. The decision of the Supreme Court in favor of foreign companies rather than the local company is a precedent that the international company can rely upon if they ever wish to invest or do business in Nepal.

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Feb 16, 2022 1 min read
Impeachment of Chief Justice: Constitutional Provisions and Way Forward

Impeachment of Chief Justice: Constitutional Provisions and Way Forward

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