Clinical Law III – Placement Report

Institution: Kathmandu District Court

Submitted To: 

Nepal Law Campus 

B.A.LL.B. Program, Faculty of Law 

Tribhuvan University

Exhibition Road, Kathmandu 

(In the Partial Fulfillment of Requirement for B.A.LL.B. Degree) 

   Submitted By:

Sony Baniya

B.A.LL.B. 10th semester 

Campus Roll No: 105/74

TU Registration No: 6-2-468-2-2016

Symbol No: 420088

March, 2023

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 PREFACE
The B.A.L.L.B. students of Tribhuwan University are placed in a variety of
government or private institutions as interns as part of the requirements for Clinical
Law-III (Placement) so that they can learn and gain practical work experience in that
institution as well as learn about the legal profession, which in turn prepares them for
the professional work after completing educational studies. Additionally, such
internships help the intern understand and gain knowledge about the industry in which
they envision their future jobs and working life. The six weeks represent a distinct
experience. The student must produce and submit a report detailing their experiences,
an overview of the institutions in which they were involved, and the challenges they
faced during their internship to the administration in accordance with the
requirements of the topic.

This internship report, which summarizes my experiences as an intern in the

Kathmandu district from December 20 to January 27, 2023 is submitted to Nepal Law
Campus. The internship report is broken up into several segments, including a
summary of the institutions and task accomplished for the institution during the
internship time, an analysis of the difficulties that the conclusion contains, and some
ideas that can help us effectively support the course's objectives.

My time spent at the institution has culminated in my placement report. I did my best
to make sure I covered every work I completed during the internship. In this report, I
have given both the truth and a reality check. Wishing that my involvement with this
noble organization and the ideas I've offered will be accepted and put into practice
soon so that future interns won't suffer the same issues I did and may have a similar
experience to mine.

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 ACKNOWLEDGMENT
The report, "Clinical Law III: Placement Report of Kathmandu District Court," was
created with a lot of help and collaboration from many people in order to partially
complete the requirements for the BALLB course. I want to sincerely thank everyone
who has assisted me for their constant support and encouragement.

As our placement supervisor, Mr. Sanad Devkota (Associate Professor of Nepal Law
Campus, T.U.), I must first and foremost express my sincere appreciation. I owe him
a great deal because he continuously spent an entire semester overseeing us.
Additionally, I'd like to appreciate all of my professors for their suggestions and
counsel during the course of my internship and report preparation.

This placement report would not be feasible without the ongoing direction and
assistance of numerous Nepal Law Campus staff members. I'd like to start by
thanking the campus chief, Dr. D.N. Parajuli, and the dean of the law school, Dr.
Krishna Prasad Bashyal, for their general support of without their ongoing support
through all kinds of difficulties, I would not have been able to participate in the
B.A.L.L.B. internship programme, and I would not have been given this fantastic
chance. I want to express my gratitude to B.A.L.L.B. Director Kabita Shrestha for
completing all the background work without hesitation in order to secure me an
internship with the Kathmandu District Court. Additionally, I would like to extend my
sincere gratitude to Register Mr. Gyanendra Iteni, Hon. Justice Shankarraj Baral and
officers Mr. Ujwol Acharya, Mr Bikul Shrestha, Mrs.Sushma Poudel, Mrs Rita Karki
and Mrs Gita Subedi for their unwavering support and encouragement, which helped
me successfully complete my internship.

Last but not least, I'd want to thank the whole Kathmandu District Court personnel for
making my six-week internship enjoyable and educational.

Sony Baniya

B.A.L.L.B

Nepal Law Campus

Tribhuvan University

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Contents
CHAPTER I..................................................................................................................1

INTRODUCTION........................................................................................................1
1.1 General Background............................................................................................1
1.2 Court....................................................................................................................1
1.3 Internship.............................................................................................................2
1.4 Objective of placement.........................................................................................3
1.5 Methodology.........................................................................................................4
1.6 Limitation of the Study.........................................................................................4
1.7 Literature Review.................................................................................................4
1.8 Organization of the Study.....................................................................................5

CHAPTER II................................................................................................................6

GENERAL INFORMATION OF THE INSTITUTION..........................................6

2.1 Background..........................................................................................................6
2.2 Formation or composition....................................................................................7
2.3 Appointment of Judges.........................................................................................8
2.4 Functions and Duties of the institution................................................................9
2.5 Nature of Jurisdiction of District Courts...........................................................11
2.6 Structure of the Court Complex.........................................................................12
2.7 Mission, Vision, Values and Objectives.............................................................12
2.7.1 Mission.........................................................................................................12
2.7.2 Vision...........................................................................................................13
2.7.3 Vision...........................................................................................................13
2.7.4 Objective......................................................................................................13
2.8 Organizational Strategies..................................................................................14
2.8.1 Major Strategies...........................................................................................14
2.8.2 Supportive strategies....................................................................................15
2.9 Major Role of the Organization.........................................................................15

CHAPTER III.............................................................................................................16

ASSIGNMENT GIVEN BY THE KATHMANDU DISTRICT COURT.............16

3.1 Assigned Department.........................................................................................16
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 3.2 Assigned Tasks...................................................................................................16

CHAPTER IV.............................................................................................................18

MODUS OPERANDI.................................................................................................18

CHAPTER V..............................................................................................................20

DIFFICULTIES AND CHALLENGES...................................................................20

CHAPTER VI.............................................................................................................21

LEARNINGS, CONCLUSION AND SUGGESTIONS..........................................21

6.1 Learning.............................................................................................................21
6.2 Conclusion..........................................................................................................23
6.3 Suggestion..........................................................................................................23

BIBLIOGRAPHY......................................................................................................25

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 CHAPTER I

INTRODUCTION
1.1 General Background
According to the guidelines and course requirements established by the Tribhuwan
University, Faculty of Law, the B.A.LLB 10th semester students are required to
complete the Clinical Law III Project/Placements. The completion of the internship
period includes submitting the internship report. As part of the academic
requirements, the college is receiving this internship report. This report includes my
evaluation of my six-week internship at the Kathmandu District Court, which was
provided by the Nepal law campus itself based on my academic performance.

1.2 Court
Courts are fundamental components of the justice system, designed to resolve legal
disputes and administer justice. They are established by governments and operate
under a set of rules and procedures to ensure fairness and impartiality in their
decision-making.1Courts are responsible for interpreting and applying the law in a
variety of cases, ranging from civil disputes between individuals or businesses to
criminal cases involving serious offenses. They are also responsible for enforcing
legal remedies and punishing those who violate the law.2

The Constitution of Nepal 2072 includes the concept of the separation of powers. It
establishes an independent judiciary divided into a three-tier system. The District
Court is at the lowest level, and the Supreme Court of Nepal is at the highest level.3

Courts are typically structured hierarchically, with lower courts hearing less serious
cases and higher courts hearing more complex and serious cases. The decisions made
by higher courts often set precedents that lower courts must follow in similar cases.
1
“Independence - Courts and Tribunals Judiciary.” Courts and Tribunals Judiciary,
www.judiciary.uk/about-the-judiciary/our-justice-system/jud-acc-ind/independence. Accessed 12 Mar.
2023.
2
“Court Role and Structure.” United States Courts, www.uscourts.gov/about-federal-courts/court-role-
and-structure. Accessed 12 Mar. 2023.
3
https://www.academia.edu/15164127/separation_of_power
1
Judges, who are appointed or elected to their positions, preside over court proceedings
and make decisions based on the facts presented and the relevant legal principles.
They are expected to be impartial and to apply the law in a fair and consistent manner.

The procedures used in courts vary depending on the type of case being heard, but
generally involve the presentation of evidence and arguments by both parties,
followed by a decision by the judge or a jury, if one is used. Overall, courts play a
crucial role in ensuring the rule of law and protecting the rights of individuals in
society

1.3 Internship
An internship is a position held by a student or trainee who works for an organization
either for pay or unpaid in order to obtain work experience or fulfil qualifying
criteria.4The goal is to supplement formal education and expose students to the "real
world" of work. It is comparable to an apprenticeship, which is frequently undertaken
by college and university students while pursuing their undergraduate or master's
degree. It is a training Programme that aims to familiarize students with various facets
of legal work in libraries, lawyer's chambers, courts, administrative offices, quasi-
judicial bodies, prosecution departments, police and prisons, business corporate
settings, government law offices, legal aid center etc. based on their individual
interests. Internship opportunities give interns the chance to gain more acquainted
with their specific fields of interest. Students will benefit from this experience
because it will provide them the chance to engage in potentially highly beneficial
work desirable on a candidate's resume to potential employers.

Internships do help students improve their interpersonal skills and expand their
professional networks. A person's professional development is accelerated by an
internship since it allows them to see first and what it's like to work in the real
world .It aids students in applying the theoretical knowledge and abilities they
acquired while attending college. The ultimate goal of an internship is to increase
experience and exposure to the relevant field.

4
“What Is an Internship?” What Is an Internship? – Career Center - UMBC,
careers.umbc.edu/employers/internships/what-is-an-internship. Accessed 12 Mar. 2023.
2
A student's internship is extremely important to their life. Internships assist students
who have recently finished or who are soon to graduate in making the move from
study to work more smoothly. The theoretical skills and knowledge we receive in
school are not exactly the same on the field. Internships therefore enable students to
adapt to these variances and gain comfort in their chosen fields. Additionally, the
internship is a fantastic way for prospective workers to learn more about a certain
industry and assess whether they are interested in working there. Additionally, it is a
key means to get module credits for universities.

In most cases, interns have a supervisor who gives them particular tasks to do and
assesses their overall performance. Many college students participate in internships to
get relevant work experience in a certain sector and to acquire exposure to see if they
genuinely have an interest in it future goals. Internships are a great method to start
forming those crucial contacts that are essential for creating and sustaining a robust
professional network in the long run.

For a law student, an internship is a route in to the legal industry to break new ground.
It is a technique that enables us to engage with the legal profession and supports a
smooth transition into the workforce after graduation. In the context of law students,
internship gives information on client counselling, legal research, documentation,
fieldwork, and other techniques for survival in the legal industry. Additionally, an
internship gives students the chance to broaden their understanding of the legal
system's core concepts, get experience working in a real workplace, and learn
important skills that will help them become lawyers in the future. Additionally, it aids
in figuring out a student's interests or, more specifically, whether he or she intends to
pursue a career in law in the future. Students' careers are shaped by it. Consequently,
an internship is essential to a law student's education learn practical skills that would
be challenging to learn solely from class study and legal texts.

1.4 Objective of placement

Our placement in the Kathmandu District Court had the following goals:

 To complete the last academic year requirement as set forth by University.

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  To bridge the gaps between theoretical knowledge and its application in
practice.
 To comprehend how the legal sector functions.
 To grow personally and acquire networking, communication, and research
abilities.
 To collaborate with others in a formal setting to accomplish the institution's
shared objectives.
 The ultimate goal of an internship is to prepare individuals for their future
careers and help them transition from academic to professional life.

1.5 Methodology
The report's preparation included a study of data from primary and secondary sources.
Primary sources of information include the Constitution, Muluki Criminal (Code) Act,
Muluki Criminal Procedure (Code) Act, Administration of Justice Act, and others. In
a similar vein, journal papers and first-hand accounts from the intern's time have been
used as secondary sources of data.

1.6 Limitation of the Study

This internship report is only intended to include the main tasks completed throughout
the 45-day internship term, which runs from December 20 to January 27, 2023. The
main projects and overall work from the internship period are covered in this report.
Despite the fact that I was meant to given many different jobs inside the organization,
but I was forced to operate only within the parameters set because of my own
limitations as a student, my lack of relevant experience, and the absence of a lawyer's
license. As this report is only intended to satisfy B.A.LLB program requirements and
is based on a 6-week period of observation, it is insufficient to accurately reflect all of
the work and duties of Kathmandu District Court.

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1.7 Literature Review

This internship report was created for scholastic purposes and counts towards the
B.A.LL.B course's partial requirements. The sole basis for it is work internship
experience. For the purpose of preparing this report, only pertinent provisions of the
Muluki Criminal and Procedure Code, 2074, the Muluki Civil and Procedure Code,
2074, relevant journals, case files, and various online resources have been taken into
account.

1.8 Organization of the Study

There are six chapters in this research.

Chapter I: Introduction

This is the report's introduction, which includes a general background, the study's
goals, its limitations, a literature review, and its organizational structure.

Chapter II: The institution's conceptual Framework

This chapter places special emphasis on the institution's conceptual structure, which
includes the history, makeup, and establishment of the Kathmandu District Court. It
also covers the responsibilities, obligations, and legal authority of the Kathmandu
District Court.

Chapter-III: Assignment from the District Court of Kathmandu

This chapter contains information regarding the assignments provided by the

Kathmandu District Court, including specifics regarding the assigned department and
task.

Chapter IV: Modus Operandi

This chapter outlines the strategy and concentrates on the techniques applied to
complete the tasks given, including the doctrinal, analytical, investigative,
supervisory, and visual methods.

Chapter V: Obstacles and difficulties encountered during internship

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The difficulties and obstacles encountered during the internship time are covered in
this chapter.

Chapter VI: Learnings, Conclusion, and Suggestions

This part covers my observations, conclusions, and recommendation.

CHAPTER II

GENERAL INFORMATION OF THE INSTITUTION

2.1 Background
The Kathmandu District Court is a vital part of the Nepalese justice system, serving
the residents of the capital city and surrounding areas. As a subordinate court under
the jurisdiction of the Supreme Court of Nepal, the Kathmandu District Court plays a
crucial role in ensuring that justice is served and that individuals have access to a fair
and impartial legal system located in the heart of Kathmandu, the court hears a wide
range of cases, including civil, criminal, and other legal matters. The court operates
under the laws and regulations set forth by the Nepalese government and aims to
provide fair and just resolutions to the cases brought before it. This is achieved
through a rigorous and transparent process that allows for the presentation of evidence
and arguments from both sides, with decisions based on the law and the facts
presented.5

The Kathmandu District Court is the primary court of jurisdiction for the Kathmandu
district in Nepal. It is a part of the country's three-tiered court system and serves as a
lower court, hearing cases at the first instance. 6It has jurisdiction over both civil and
criminal cases, including disputes relating to property, contracts, family law, and
personal injury, as well as more serious criminal offenses such as murder, theft, and
fraud7.

5
Court, Kathmandu District. “Kathmandu District Court - Court Marriage Nepal.” Court Marriage
Nepal, www.courtmarriagenepal.com/kathmandu-district-court. Accessed 7 Feb. 2023.
6
“UPDATE: Research Guide of the Legal System of Kingdom of Nepal - GlobaLex.” UPDATE:
Research Guide of the Legal System of Kingdom of Nepal - GlobaLex,
7
“Kathmandu District Court.” Kathmandu District Court,
supremecourt.gov.np/court/kathmandudc/about_us. Accessed 7 Feb. 2023.
6
The court is headed by a Chief Judge and staffed by additional judges and other
judicial officials, who are responsible for hearing evidence, making findings of fact,
and applying the law to the cases that come before them. The decisions of the
Kathmandu District Court can be appealed to the Appellate Court, or High Court,
located in the same district.

The Kathmandu District Court also serves as a critical resource for the residents of the
city, providing a venue for individuals to seek justice and resolve disputes. This is
particularly important in a country like Nepal, where access to legal resources and
representation may be limited, particularly for those who are economically
disadvantaged.

In order to ensure that the court operates effectively and efficiently, it is staffed by a
team of highly trained and experienced judges and other legal professionals. These
individuals are responsible for overseeing the hearing of cases, ensuring that the legal
process is followed, and rendering decisions based on the facts presented and the law.
This dedication to the administration of justice is a testament to the commitment of
the Nepalese government to ensuring that its citizens have access to a fair and
impartial legal system.

In conclusion, the Kathmandu District Court plays a vital role in the Nepalese justice
system, providing a venue for individuals to seek justice and resolve disputes, and
ensuring that justice is served in a fair and impartial manner. Through its dedication to
the administration of justice and its commitment to providing access to legal
resources, the court serves as an important resource for the residents of Kathmandu
and the surrounding areas.

2.2 Formation or composition

The formation and composition of the Kathmandu District Court in Nepal is governed
by the provisions set forth in the Constitution of Nepal 2072. 8According to the
Constitution, the judiciary is an independent and separate branch of the government,
responsible for the administration of justice and the protection of individual rights and
freedoms.

8
CONSTITUTION OF NEPAL, Article 126(1), (2072)
7
Article 117 of the Constitution of Nepal, 2072, provides for the establishment of
district courts in Nepal. The article states that "there shall be a District Court in each
district for the administration of justice,9 and it shall be responsible for the trial and
adjudication of cases within its jurisdiction.

In this context, the Kathmandu District Court is considered a subordinate court under
the jurisdiction of the Supreme Court of Nepal. The court is headed by a Chief Judge
and is comprised of a team of judges and other legal professionals, including clerks,
bailiffs, and administrative staff.

Overall, the formation and composition of the Kathmandu District Court, as set forth
in the Constitution of Nepal 2072, is designed to ensure that the court operates
effectively and efficiently, and that individuals have access to a fair and impartial
legal system. By bringing together a team of highly trained and experienced judges
and legal professionals, the court is able to serve the residents of Kathmandu and the
surrounding areas in a manner that reflects the commitment of the Nepalese
government to the administration of justice.

2.3 Appointment of Judges

The judges of the court are appointed by the Judicial Council 10, which is an
independent body established under the Constitution. The Chief Justice shall, on
recommendation of the Judicial Council, appoint Judges of the District Courts.11 The
Council is responsible for ensuring that only qualified and competent individuals are
appointed to the bench, and that the judiciary is staffed by individuals with the
necessary experience and expertise to carry out its duties.

In addition to the provisions regarding the appointment of judges, the Constitution

also sets forth the powers and responsibilities of the courts, including the Kathmandu
District Court. These powers and responsibilities include hearing and deciding on

9
CONSTITUTION OF NEPAL, Article 148(1), (2072)
10
www.judicialcouncil.gov.np/.
11
CONSTITUTION OF NEPAL, Article 149(1), (2072)

8
cases brought before the court, interpreting the law, and ensuring that the legal
process is followed in a fair and impartial manner.

 To qualify for 20% of vacant judge positions, officers must have a bachelor's
degree in law and at least 3 years of service as a Gazetted Second Class officer
in the Judicial Service, and will be evaluated based on seniority, qualifications,
and competency.
 For 40% of vacant judge positions, officers must have a bachelor's degree in
law and at least 3 years of service as a Gazetted Second Class officer in the
Judicial Service, and will be selected through an open competitive
examination.
 The remaining 40% of vacant judge positions will be filled through an open
competitive examination, with candidates required to have a bachelor's degree
in law and have practiced law as an advocate for at least 8 years, or served in a
Gazetted post of the Judicial Service for at least 8 years, or engaged in
teaching or research of law or justice, or served in any other field of law or
justice for at least 8 years

2.4 Functions and Duties of the institution

The functions and duties of the Kathmandu District Court in Nepal, as set forth in the
Constitution of Nepal 2072, include the administration of justice and the protection of
individual rights and freedoms. The court is responsible for hearing and deciding on
cases brought before it, interpreting the law, and ensuring that the legal process is
followed in a fair and impartial manner.

 Hear and Decide

One of the key functions of the court is to hear and decide on cases within its
jurisdiction. This jurisdiction is defined by the laws and regulations set forth
by the Nepalese government, and may include civil, criminal, and other legal
matters. In order to ensure that cases are resolved efficiently, the court may
hear cases at different levels, including preliminary hearings, trials, and
appeals.
 Interpret the law

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 Another important function of the court is to interpret the law. This involves
determining the meaning and application of the laws and regulations that
govern the court and the cases it hears. In doing so, the court may consult
relevant legal precedents and make decisions based on the facts presented and
the law.
 Ensure Legal Process
The court is also responsible for ensuring that the legal process is followed in
a fair and impartial manner. This involves ensuring that both sides have the
opportunity to present their case and that decisions are based on the law and
the facts presented. To this end, the court may use a range of tools and
procedures to ensure that the legal process is followed, including the
presentation of evidence, cross-examination of witnesses, and the submission
of arguments by both sides.
 Protect Rights and Freedom
Finally, the court is responsible for protecting individual rights and freedoms.
This involves ensuring that individuals are treated fairly and justly, and that
their rights and freedoms are protected and upheld by the legal system. This is
particularly important in a country like Nepal, where access to legal resources
and representation may be limited, particularly for those who are economically
disadvantaged.
 To issue orders to the legislative and executive bodies for any breach of law
and suggest to the head of state on legal and constitutional matters.

In addition to court referred to in Clause (1), other institutions may be established

according to the need to adopt other means of alternatives of disputes resolution or
judicial bodies to adjudicate cases at the local level according to the law.

Basically being the part of the regular court system, the enjoyment of jurisdiction in a
vast number of cases is but natural. Only when courts or judicial institutions or
tribunals are established in order to deal with cases of special types and nature by the
power vested upon the legislature by Art. 127(2) of Constitution of Nepal, 2072, a
trace of need for specialist is felt. Otherwise District Court is the basic form of the
Court. It is the inherent ‘generalist’ character present in the District Court in relation
to jurisdictional matters.
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The need for specialist is one factor which leads to the establishment of courts,
judicial institution or tribunals in order to deal with cases of special types and nature
by virtue of the demand asserted by the subject matter of such cases. But where it is
expedient to be dealt by regular courts, the District Courts are found to enjoy the
states of court of first instance.12 In relation to this states of court of first instance, the
practice and procedure is so well established that any special courts, judicial
institution or tribunal which is tasked with being the courts of first instance are
afforded the same type of powers as afforded to the District Courts. Also, in relation
to the traditional subject matter of litigation, the District Courts in Nepal are seen to
enjoy the jurisdiction. Traditional subject matter of litigation which includes but is not
limited to murder, rape, theft, general transactions, and so on are within jurisdiction of
District Courts.

2.5 Nature of Jurisdiction of District Courts13

The District Court has broad subject matter jurisdiction and is a regular part of the
court system as envisioned by the Constitution, which outlines the Supreme Court,
High Court, and District Court in Article 127(1) of the Constitution of Nepal, 2072.

Article 127(1)

(1) There shall be the following courts in Nepal:14

(a) Supreme Court,

(b) High Court, and

(c) District Court.

As a regular part of the court system, the District Court naturally has jurisdiction in a
wide range of cases. However, specialized courts or tribunals may be established by
12
Judicial Administration Act, 2048 Section 7(1).

13
CONSTITUTION OF NEPAL, Article 151, (2072)

Administration of Justice Act, Section 7, (2073)

14
CONSTITUTION OF NEPAL, Article 127, (2072)

11
the legislature under Art. 127(2) of the Constitution of Nepal, 2072, to deal with
specific types of cases. In the absence of such specialized courts, the District Court is
the basic form of the court and serves as a generalist in jurisdictional matters. There
are 77 District Courts, one in each district in Nepal, and any local-level judicial bodies
established by state law are subordinate to the District Court, which may inspect,
supervise, and provide necessary guidance to its subordinate judicial bodies.

2.6 Structure of the Court Complex

The Kathmandu District Court has several sections and facilities.

 There is a record room on the ground floor for managing and disposing of
judicial records.
 A registration section is available for case registration.
 An execution section is important for enforcing court decisions.
 The financial section is located on the first floor.
 A library is currently operational for judicial officers.
 A legal aid service office provides free legal services to those in need.
 The court has a canteen that serves food and drinks.
 A photocopy and typist room is available on the third floor.

2.7 Mission, Vision, Values and Objectives

2.7.1 Mission
The Kathmandu District Court is a constitutional entity that aims to ensure just and
equitable legal proceedings based on constitutional, legal, and judicial principles. Its
primary objectives include:

 Establishing a capable and independent justice system to uphold the values of

justice and the rule of law,
 Delivering impartial and equitable justice in compliance with the Constitution,
laws, and established principles,
 Safeguarding the independence of the judiciary and implementing checks and
balances,
 Securing the rights of individuals and their personal liberties while adhering to
justice norms.
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2.7.2 Vision
The courts of Nepal have a common goal of providing justice to the people of Nepal.
They strive to establish an autonomous, proficient, and efficient judicial system that
upholds the principles of the rule of law, safeguards the rights and freedoms of
citizens, and provides justice to all.

In addition, the courts exercise their authority to ensure the fundamental rights of
citizens through extraordinary measures. Their primary objective is to create an
accessible, inexpensive, and prompt system of justice that is trustworthy and reflects
the ideals of the rule of law and human rights, ultimately delivering justice to all.

2.7.3 Vision
The following are the values through which the judiciary in Nepal is guided:

• Allegiance to the Constitution,

• Independence and Autonomy,

• Duty towards Society,

• Accessibility of Justice,

• Competent Justice,

• High ethical standard,

• Representation and Inclusiveness and Ownership.

2.7.4 Objective
The following are the objectives of the Kathmandu District Court:

• To make justice delivery speedy

• To maintain faith in constitution and law

• Independence and autonomy

• To maintain fairness, equality and just system

• To maintain accountability, quality, morality

13
• To ensure representation and promote inclusiveness

• To make judicial proceedings predictable

• To make judicial system accessible to all

• To increase faith and trust towards judiciary

2.8 Organizational Strategies

Kathmandu District Court has unique strategies so as to ensure justice. Organizational
strategies of the Court can be divided into Major Strategies and Supportive Strategies.

2.8.1 Major Strategies

Goal 1: To make justice delivery speedy

Strategies to meet this goal

 To make arrangements to decide cases within stipulated time

 To emphasize on minimization of old arrear cases
 To carry out an activism regarding judgment execution

Goal 2: To make Judicial Proceedings predictable

Strategies to meet this goal

 To apply the process of giving prior information on status of the case i.e. its
phase
 To create a situation where time table formed regarding any case is followed

Goal 3: To make Justice System accessible

Strategies to meet this goal

 To provide concessions to poor people on judicial costs

 To make legal proceedings simple
 To make legal aid provided by court effective
 To make mediation effective
 To reform physical infrastructure of court as per the needs of parties

Goal 4: To increase faith towards Judiciary

14
Strategies to meet this goal

 To make judicial service qualitative

 To establish a hotline to provide information to clients regarding services
provided by judicial bodies
 To establish infrastructure to receive complaints and address them
 To establish a forum for dialogue with public regarding judicial process and
system
 To make judicial information circulation system effective

2.8.2 Supportive strategies

 To improve strategy execution mechanism
 To improvise case management system
 To effectively manage Human Resources
 To improvise physical infrastructure of the court and adopt modern tools
 To institutionalize court management information and communication
technique
 To protect and promote norms of judicial independence and autonomy
 To increase judicial accountability and productivity
 To improvise relationship with stakeholders of judicial sector
 To continue judicial and legal study, research and publication and legal reform
process.

2.9 Major Role of the Organization

Major Role of the organization is to ensure justice and protect the values of rule of
law and checks and balances. It has a significant role in protecting and promoting the
basic human rights of its citizens. Also, it looks into the functioning and working of
sub-ordinate courts and carries out judicial review of ultra vires actions.

15
 CHAPTER III

ASSIGNMENT GIVEN BY THE KATHMANDU

DISTRICT COURT
3.1 Assigned Department
I labored as an intern in the section 10 at the Kathmandu District Court. Officers Mr.
Ujwol Acharya, Mr Bikul Shrestha, Mrs.Sushma Poudel ,Mrs Rita Karki and Mrs
Gita Subedi were in charge of me. I had the opportunity to learn about and take in the
operational duties of the KDC and its officers during my six-week internship.

The goal of the internship was to give law students both academic and practical
experience. The interns were given various difficult tasks to complete in order to
accomplish this. These tasks gave me invaluable practical experience and enabled me
to apply my knowledge to real-world circumstances.

3.2 Assigned Tasks

As an intern, one of my key duties was to monitor the KDC's administrative
operations and activities. Additionally, I took part in several training sessions where I
had the opportunity to learn more about the plans and initiatives run by the KDC.
Among the administrative duties I performed were some of the following:

 Case-related Assignment
I was given the responsibility of assisting officers with their work after some
time spent learning and performing the administrative duties listed above.
 Making notes and briefing cases
I was given case files to review and given the assignment of taking notes and
case briefing. I received a variety of cases from them. I used to make notes
about the case after reading the case files, including the relevant facts, the
charge sheet's content, the relevant laws, the district court's judgment, the high
court's decision, and the topic of any pending appeals to the Supreme Court.
 Darta Chalani (Registration)
The official at the KDC assigned us to register the dispatching letter and other
related papers in the registration book. Except for case registration, all
documents entering and leaving the office used to be registered in the
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 registration department. Letters to the police, letters to forensics, collections of
submitted papers, and deeds of returning stolen property were the specific
types of recorded documents.
 Look up pertinent case law
The Section officers used to assign me to research Supreme Court case laws
that were pertinent to the current case. I used to research the necessary case
laws online or by studying the Najir Sangraha. After discovering these case
laws, I took down the pertinent information, including the NKP year, volume,
decision number, judgment date, and precedent, and I reported it to the
appropriate official. They utilized the same case laws in their written pleading
note that I looked up for them.
 Watching the bench and hearing the pleading
I went to the KDC to hear the various cases being heard. I attended the hearing
of a variety of cases, including rape, drug possession, murder, and writs. By
attending case hearings, I learned about court etiquette, how hearings are
conducted, how to plead, the types of questions judges ask and how to respond
to those questions, case legislation, how various cases are heard, and many
other things.
 Filing of the case's paperwork
The files were numbered appropriately, and using specific computer software,
their contents were input into a computer. This project gave us information
about the types of documents, who issues them, their purposes, and many
other questions that we had.
 Different Office Tasks
Some of the more significant tasks assigned to and completed by interns at
KDC are listed above. Minor tasks include helping to create timetables for
various programmes, gathering data on hearings and registration, alerting
police, and searching case files, among others.

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 CHAPTER IV

MODUS OPERANDI
I would have to work alone to complete the assignment given to me at KDC. The
majority of the work that was given to us required us to operate indoors, often from
our offices. The interns were given the freedom to select their preferred working
method based on comfort and necessity.

Regarding the mode of operation I chose during my internship, there was no set way
to go about doing or learning different things. There was no specific strategy because
I performed a variety of tasks during my internship; rather, it depended on the nature
of the activity and its requirement. Basically, the method I chose to use to complete
my work was as follows:

 Doctrinal Approach
I used the doctrinal method when I was researching cases and writing. I also
referred to the Constitution, the Criminal Code, the Criminal Procedural Code,
and other pertinent statutes to fully grasp the case legislation, writings,
publications, etc.
 Analytical Approach
Since every case is unique, I examined cases from several angles by speaking
with government attorneys and fellow interns to have a comprehensive
understanding of the case in terms of the evidence that was offered. The case's
strong and weak points, etc. To fully comprehend the case at hand, I also read
other comparable instances and pertinent case laws.
 Supervised
During my internship at Kathmandu District Court, I was fortunate to have the
opportunity to work under the guidance and supervision of experienced
professionals, who provided invaluable support and insights as I developed my
skills and gained hands-on experience in the legal field.
 Records
In my role at Kathmandu District Court, I meticulously kept record of all work
assigned to me, ensuring that I had a clear understanding of my
responsibilities and could effectively track my progress and receive feedback.
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 Supervision Technique
I was placed under the direction of Section 10's Bidur Karki and Deputy
Secretary Kailash Chettri while carrying out my duties as an intern. In
addition, the other KDC officials assisted me and guided me appropriately. So,
using these techniques, I finished the tasks I was given and made the necessary
improvements.
 Feedback
As an intern at Kathmandu District Court, I consistently received feedback on
my performance from my supervisors, which helped me to grow and improve
in my role. Their constructive criticism and recognition of my efforts were
instrumental in my development and overall success as an intern.

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 CHAPTER V

DIFFICULTIES AND CHALLENGES

I cannot deny that I had to overcome numerous obstacles and problems during my
internship at KDC, despite the fact that it was a really rewarding and amazing
experience. These are what they are:

 Time Management
We were required by our college to complete an internship throughout our
undergraduate studies, which meant that we also had to attend classes. It was a
difficult task for six weeks to run to internships and attend school in the early
morning. On occasion, we didn't even have time for a good lunch. As a result,
it was quite challenging for us to juggle our academics and internship.
 Customary Recordkeeping
Although they were occasionally automated, the KDC's case files were
traditionally registered and kept in handwriting. However, the majority of
record keeping is was done repeatedly in ledgers and registers, which took me
a long time to do by hand.
 More labour that is Administrative than Legal.
The majority of the job was administrative rather than legal research, drafting,
or other legal activities, even though an intern is required to complete all tasks
as assigned by the supervisor. During my internship, I spent a lot of time
managing programmes and translating.
 Dealing with Governmental Representatives
In the beginning, I thought it would be preferable if I never had to deal with
government representatives .Dealing with government representatives was
quite difficult. The majority of the cops each function in a unique way.
Sometimes, despite our suggestions, they would not even consider what we
think about it. While dealing with younger government attorneys was simple,
doing so when they were older was far more challenging. Some KDC officers
expected us to complete their personal tasks for them while they relaxed,
enjoyed coffee with other lawyers, or prepared slides or presentations for their
LLM lectures.

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 CHAPTER VI

LEARNINGS, CONCLUSION AND SUGGESTIONS

6.1 Learning
The Kathmandu District Court in Nepal was created to serve as a judicial body that
resolves legal disputes and handles cases within the jurisdiction of the Kathmandu
district. It was established under the Judicial Administration Act of Nepal in 1991,
which aimed to establish an independent and efficient judiciary in Nepal.

Being an intern for the Kathmandu District Court has been a real joy for me. The six
weeks spent working have been successful in terms of learning, developing, and
accumulating experiences. I've learned how to operate responsibly and professionally
during this internship time, working under duress it has familiarized me with the
actual practical world, such as a courtroom or an attorney's office.

To list the lessons I picked up from KDC during my internship, I'd mention the
following:

 Case methodology
I gained knowledge of the phases that each case goes through before it is
resolved. I learned how and why matters are brought to the KDC as well as
how, why, and under what circumstances a case is taken to the Supreme Court.
 Understanding of required paperwork
I discovered information about the case's documents by reading the case files,
including the FIR, facts stated by the victim and witnesses, the police report,
the charge sheet, the witness examination, the witness's medical examination
reports, the report of the dead body's examination reports, the district court
and high court's rulings, etc.
 Drafting
During my internship, I had the opportunity to manage numerous documents,
including case files and other publications. As a result, I gained knowledge of
the proper drafting techniques, acceptable terminology, and focal points.

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 Understanding of the office's organizational structure
I had the opportunity to carefully watch and understand about the general
duties carried out by the KDC. I gained knowledge of the administrative
framework and the duties of the officers.
Knowledge of case laws
I read numerous case laws on a variety of topics, including rape, attempted
rape, murder, and drug possession. My understanding of the Supreme Court's
precedents was widened as a result.
 Keeping and filing records
I gained knowledge on how to properly manage and systematically document
case files. I gained knowledge of the procedure for submitting writ petitions,
the document required, the deadline for registering likhit jawaf, and other
topics.
 Advocacy expertise
As I used to attend the case hearings, I gained knowledge of the advocacy
technique, the way to advocate, how to respond to judges' queries, how to cite
case law, how to relate the facts to the law and the case law, and other things.
 Knowledge of norms and laws
I had the opportunity to learn about a variety of laws and regulations while
researching various types of cases. Additionally, I discovered how the law and
facts interact and how various laws are used in respect to various facts.
 Knowledge and comprehension of Nepal's legal system
I've learned a lot about and gained experience with Nepal's legal system over
the course of these six weeks. It has been a fruitful term in which my research-
focused tasks and studies have prompted me to consider the more in-depth
facets of law. I gained knowledge about how to properly analyses laws and
their shortcomings. In general, one of the main goals of the internship was to
help me become more knowledgeable about Nepali law, and I feel that I
accomplished that goal.
 Juggling one's professional and academic lives
I attended morning classes for the first time in my life, followed by an
internship. It was a really different experience for me because it was my first

22
 time working. During the initial weeks, it was extremely exhausting, but as we
adapted to the setting, it helped me balance my time between my academics
and my activities at the workplace. Additionally, the freedom we formerly
enjoyed while attending university has changed, and life now requires more
discipline in all of our endeavors. Given the potential contributions we may
make in transforming society, specifically creating a better and more unified
society, it also motivated me to devote myself to my career in law with greater
dedication and sincerity. And the responsibility that comes with having such
much authority, including how some office workers may enact legislation that
would somehow impact the entire population.

6.2 Conclusion
In conclusion, the internship at the Kathmandu District Court of Nepal was a valuable
learning experience that provided a comprehensive understanding of the functioning
of the legal system in Nepal. The opportunity to observe court proceedings and
interact with judges, lawyers, and other court staff helped gain practical knowledge
and insights into the administration of justice. The exposure to real-life legal cases
also helped develop critical thinking skills and a better appreciation for the
complexities of the law. Overall, the internship was a fulfilling and enriching
experience that has provided a solid foundation for a career in law or related fields.

6.3 Suggestion
Here are some suggestions for improving the operations of the Kathmandu District
Court:

 Streamlining court processes and procedures to make the court more efficient
and effective.
 Encouraging the use of technology in the court, such as online filing systems
and digital databases, to reduce paper waste and increase accessibility.
 Improving access to legal information and resources for the public, such as
providing legal education and resources online or through community
outreach programs.

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 Increasing transparency and accountability in the court by making court
proceedings more accessible to the public and providing regular updates on
case progress.
 Encouraging diversity and inclusion within the court by promoting equal
access to justice for all, regardless of race, gender, or socioeconomic status.
 Improving communication and collaboration between the court and other legal
institutions and organizations, such as law schools and legal aid organizations.
 Promoting professional development opportunities for court staff and judges
to maintain high standards of performance and improve their skills and
knowledge.

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 BIBLIOGRAPHY
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 Anonymous. “Internship Experience at Jus Corpus Law Journal: Great
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