NEB Class 12 Humanities Legal Drafting Question Paper 2082 (Set B) Nepal

Two qualities a legal drafts person should possess are:

1. Sound knowledge of law — a thorough understanding of the relevant substantive and procedural law, the prevailing statutes and legal terminology, so the draft is legally valid and enforceable.
2. Clarity and precision in language — the ability to express ideas in simple, clear, unambiguous and grammatically correct language so the document conveys exactly the intended meaning without confusion.

Two matters to be mentioned in a First Information Report (FIR / जाहेरी दरखास्त) are:

1. The name, address and identity of the complainant and of the accused (if known).
2. The date, time, place and brief description of the offence committed (what happened, how and against whom).

An application for compromise (मिलापत्रको निवेदन) is a written request jointly submitted to the court by the disputing parties expressing their mutual agreement to settle the case amicably and end the litigation. It states the terms on which the parties have reconciled and prays that the court record the compromise and dispose of the case accordingly.

Two documents in practice for private transactions are:

1. Bond / deed without mortgage (कपाली तमसुक)
2. Deed of advance payment (वैनापट्टा)

(Other acceptable examples: deed of sale/transfer (राजीनामा), exchange deed (सट्टापट्टा), loan agreement.)

A bond without mortgage (कपाली तमसुक) is a deed by which a person borrows money or property on the strength of personal credit alone, promising to repay it within a stated time, without pledging any movable or immovable property as security. Since no specific property is mortgaged, repayment rests purely on the borrower's personal liability and trust.

A deed on exchange of property (सट्टापट्टाको लिखत) is a legal document by which two parties mutually transfer the ownership of one property in return for another property, instead of for money. It records the description of both properties being exchanged and the agreement of both owners to take each other's property as their own.

A deed on advanced payment (वैनापट्टा) is a document by which the owner of immovable property hands over the property's possession and enjoyment to another person for a fixed period in return for a sum of money taken in advance. The lender enjoys the use/income of the property in lieu of interest, and the property is returned to the owner upon repayment of that advance amount.

A recommendation letter (सिफारिसपत्र) is an official written document issued by a competent authority, office or person certifying or vouching for the identity, character, qualification or particular facts about a person or matter, and recommending that the recipient authority act favourably on the basis of that certification.

The process / summons (इतलायनामा) is issued by the court (अदालत) before which the case is filed. It is sent through the court to inform the defendant/opposite party that a case has been registered against them and to require their appearance.

'Deed' under the Explanation to Section 28(1) of the National Civil Procedure Code, 2074

Section 28 of the National Civil Procedure (Code) Act, 2074 deals with documents/deeds to be submitted along with the plaint. The Explanation to sub-section (1) clarifies the meaning of the word 'Deed' (लिखत) for the purpose of that section.

Meaning stated in the Explanation:

For the purposes of this section, the term 'Deed' means a written document prepared with respect to any matter, and the expression also includes:

• Any letter, account, ledger, or written record relating to the transaction or matter;
• Any document kept or recorded in electronic form (electronic records/data); and
• Any other paper or material containing writing that is relevant to and forms the basis of the claim.

Significance: Because the Explanation defines 'Deed' broadly, a party must submit not only the principal written instrument but also all connected accounts, correspondence and electronic records on which the claim relies, when filing the plaint.

Conclusion: Thus, under the Explanation to Section 28(1), 'Deed' is given a wide meaning covering every form of writing — including electronic records and accounts — that evidences or supports the matter in dispute.

Statement of Defence (प्रतिउत्तरपत्र)

What it is called: The written reply filed by the defendant in answer to the plaint (फिरादपत्र) submitted by the plaintiff is called the Statement of Defence (प्रतिउत्तरपत्र / प्रतिवाद). It is the defendant's formal response to the claim made against him/her.

Explanation:

• After a plaint is registered and summons is served, the defendant must appear before the court and submit a written reply within the time prescribed by law.
• In this document the defendant admits or denies each of the facts and claims stated in the plaint, and puts forward his/her own version of the facts, defences and grounds for rejecting the plaintiff's claim.
• It may raise preliminary objections (e.g. lack of jurisdiction, limitation, no cause of action) as well as the substantive defence on the merits.
• It must be drafted in clear paragraphs corresponding to the plaint, bear the court's name, the parties' particulars, the prayer (relief sought), and the signature/thumb-print of the defendant or the defendant's legal practitioner.

Importance: The statement of defence defines the issues in dispute by showing where the parties disagree, and gives the defendant a fair opportunity to be heard, thereby upholding the principle of natural justice (audi alteram partem).

Sample Draft of a House Rent Contract (घरभाडा करार)

HOUSE RENT AGREEMENT

This agreement of house rent is made on this _____ day of _, 20 (20 B.S.) between:

The House Owner (Lessor): Mr./Ms. _____________, son/daughter of _____________, permanent resident of Ward No. ___, _____________ Municipality/Rural Municipality, _____________ District (hereinafter the 'First Party / Lessor');

AND

The Tenant (Lessee): Mr./Ms. _____________, son/daughter of _____________, permanent resident of Ward No. ___, _____________ (hereinafter the 'Second Party / Lessee').

The parties, being of sound mind and competent to contract, agree as follows:

1. Subject of rent: The First Party rents to the Second Party the house/flat situated at Ward No. ___, _____________, comprising ___ rooms, kitchen, bathroom and ____ , together with water and electricity facilities.
2. Rent: The monthly rent shall be Rs. __________ (in words: __________), payable in advance by the ___ day of each Nepali month.
3. Duration: This contract shall remain in force for a period of ____ year(s)/month(s), from ____ to ____, and may be renewed by mutual consent.
4. Security deposit: The Second Party has paid Rs. __________ as a refundable deposit, to be returned (less lawful deductions) on vacating the house.
5. Utilities and taxes: Charges for electricity, water, telephone and waste shall be borne by the Second Party. House/land tax shall be borne by the First Party.
6. Use: The Second Party shall use the house only for ____________ (residential/business) purpose and shall not sub-let it to any other person without the written consent of the First Party.
7. Care of property: The Second Party shall keep the house in good condition and shall be liable for any damage caused by negligence.
8. Tax deduction at source (TDS): The Second Party shall deduct the rent tax at the rate fixed by law and deposit it with the concerned authority.
9. Termination: Either party may terminate the contract by giving ____ days' prior written notice to the other party.
10. Dispute settlement: Any dispute arising out of this contract shall be settled mutually, failing which it shall be resolved as per the prevailing laws of Nepal.

In witness whereof, both parties have signed this agreement of their own free will, in the presence of the witnesses named below.

Witnesses: 1. ___________ (Signature) 2. ___________ (Signature)

OR — Sample Draft of an Exchange Deed (सट्टापट्टा लिखत)

DEED OF EXCHANGE OF PROPERTY

This deed of exchange is executed on this _____ day of ___, 20 B.S. between:

First Party: Mr./Ms. _____________, resident of Ward No. ___, _____________ District; and

Second Party: Mr./Ms. _____________, resident of Ward No. ___, _____________ District.

Whereas both parties, of their own free will and being competent to contract, have agreed to exchange the following properties with each other, they hereby execute this deed on the following terms:

1. Property given by the First Party: Land of plot No. ___, area ___, situated at Ward No. ___, _____________ (with four boundaries: East __, West __, North __, South __), valued at Rs. __________.
2. Property given by the Second Party: Land of plot No. ___, area ___, situated at Ward No. ___, _____________ (with four boundaries: East __, West __, North __, South __), valued at Rs. __________.
3. Exchange and adjustment: Both parties accept each other's property in exchange. The difference in value, if any, amounting to Rs. __________ shall be paid by ____________ to ____________.
4. From today the First Party becomes the owner of the property received from the Second Party and vice-versa, with full rights to use, sell, mortgage and transfer it.
5. Each party guarantees that the property given is free from any other claim, lien or encumbrance; if any defect of title is later found, the party giving such property shall be liable.
6. The parties shall complete registration and transfer of the properties in their respective names at the concerned Land Revenue Office and bear the registration fees as agreed.

Both parties have signed this deed of their own free will and sound mind, in the presence of witnesses.

Necessity of a No Objection Letter (स्वीकृतिपत्र / सहमतिपत्र)

A No Objection Letter (NOC) is a written statement by a person, office or authority confirming that it has no objection to a particular act, transaction or arrangement proposed by another party. Obtaining it is necessary for the following reasons:

1. Legal validity and protection from future disputes — where the consent of a third party (co-owner, family member, landlord, employer or authority) is legally required, the NOC proves that consent was given, preventing the transaction from being later challenged as void or fraudulent.
2. Safeguarding the rights of interested parties — it ensures that persons having an interest in the property or matter (e.g. joint owners, tenants, neighbours, guardians) have agreed, so their rights are not infringed.
3. Compliance with statutory/administrative requirements — many official acts (transfer of land, construction, transfer/resignation from a job, getting a passport or franchise) are processed only when the concerned office or authority issues an NOC.
4. Evidence — it serves as documentary evidence of approval which can be produced before a court or authority if a dispute arises.
5. Smooth and good-faith dealing — it shows the parties have acted transparently and in good faith, building trust and avoiding obstruction.

Analytical review: Although an NOC is often a short, simple document, its legal weight is significant: a transaction lacking a required NOC may be incomplete, unenforceable or open to cancellation. Hence, before completing acts that affect another's interest or that the law conditions on prior approval, obtaining the NOC is both a legal safeguard and a practical necessity.

Sample Draft of an Acknowledgement of Due Date (तारेख भरपाई)

ACKNOWLEDGEMENT OF DATE (TAREKH BHARPAI)

Before the ____________ Court / District Court, _____________

Case No.: __________ Year: 20__ Nature of case: ____________

Plaintiff: ____________ vs. Defendant: ____________

I, ____________ (state party — plaintiff/defendant), son/daughter of ____________, resident of Ward No. ___, _____________ District, do hereby acknowledge that:

1. I appeared before this Court in connection with the above-mentioned case on today's date, the ___ day of ___, 20 B.S.
2. The Court has fixed the next date (tarekh) for ____________ (hearing/evidence/statement) on the ___ day of ___, 20 B.S.
3. I have understood the said date and undertake to appear before this Court on that date without fail. I am aware that absence on the fixed date may result in legal consequences as per law.

In witness whereof, I sign this acknowledgement of my own free will.

Signature/Thumb-print of party: ____________

Name: ____________ Date: ____________

(Verified and entered by the Court official: ____________)

OR — Sample Draft of an Application for Adjournment of Hearing (पेशी स्थगन निवेदन)

APPLICATION FOR ADJOURNMENT OF HEARING

Before the Hon'ble ____________ Court / District Court, _____________

Case No.: __________ Nature of case: ____________

Plaintiff: ____________ vs. Defendant: ____________

Subject: Application for postponement (adjournment) of today's hearing.

Respectfully showeth the applicant, ____________ (plaintiff/defendant), through the undersigned legal practitioner, as follows:

1. That the above case is fixed for hearing (peshi) before this Court today, the ___ day of ___, 20 B.S.
2. That, due to ____________ (state genuine reason — e.g. the legal practitioner's sudden illness / unavailability of an essential witness / engagement of counsel in another court / the applicant's serious illness), the applicant is unable to proceed with the hearing today.
3. That the postponement is sought in good faith and not with any intention to delay the proceedings, and no prejudice will be caused to the other party.

Prayer: It is therefore humbly prayed that this Hon'ble Court be pleased to adjourn / postpone the hearing of this case to another suitable date in the interest of justice.

Applicant: ____________ (Signature)

Legal Practitioner: ____________ (Signature, Licence No. ____)

Date: ____________

Why are Plaints and Charge Sheets prepared? — An Analysis

A plaint (फिरादपत्र) is the written statement of claim filed by a plaintiff to commence a civil case, while a charge sheet (अभियोगपत्र) is the document filed by the Government/public prosecutor to institute a criminal case against an accused. Both are foundational documents that set the judicial process in motion. They are prepared for the following reasons:

A. Purposes of preparing a Plaint

1. To commence a civil suit — without a plaint, a civil court cannot take cognizance of a private dispute; it is the formal means of approaching the court.
2. To state the cause of action and claim — it sets out the facts, the legal grounds and the specific relief (compensation, recovery, declaration, etc.) the plaintiff seeks.
3. To define the dispute and inform the defendant — it clearly identifies the parties and the matter in issue so the defendant knows the case to be answered.
4. To establish jurisdiction and limitation — it shows that the case is filed in the proper court and within the time limit prescribed by law.

B. Purposes of preparing a Charge Sheet

1. To institute a criminal prosecution — it is the formal accusation by the State that enables the court to try the accused for an offence.
2. To inform the accused of the charges — it specifies the offence, the law violated and the facts, securing the accused's right to a fair defence.
3. To present the basis of the case — it lists the evidence, witnesses and the punishment demanded, framing what the prosecution must prove.
4. To uphold the rule of law and public interest — since crime is treated as a wrong against society, the charge sheet allows the State to seek punishment and protect public order.

C. Common analytical points

• Both documents activate the court's jurisdiction and define the scope of the trial.
• Both secure natural justice by giving the opposite party clear notice of the claim/accusation.
• Both must be accurate, complete and legally drafted, because any defect can lead to dismissal or weaken the case.

Conclusion

Plaints and charge sheets are prepared because they are the legally required starting documents that translate a grievance (civil) or an offence (criminal) into a triable case, define the issues, inform the other party, and enable the court to deliver justice according to law.

OR — Why is a Compromise (मिलापत्र) necessary? A Review

A compromise (मिलापत्र) is an amicable settlement by which disputing parties mutually agree to end their dispute, on terms recorded in writing and approved by the court. It is necessary for the following reasons:

1. Speedy settlement of disputes — it ends litigation quickly instead of waiting through lengthy trials and appeals.
2. Saves time, money and effort — both parties avoid heavy court fees, lawyers' costs and the burden of prolonged proceedings.
3. Preserves relationships — being based on mutual consent, it maintains goodwill between parties (especially relatives, neighbours, business partners) rather than leaving a winner and a loser.
4. Reduces the burden on courts — settled cases lighten the heavy caseload of the judiciary, helping the overall justice system.
5. Mutually acceptable outcome — the result is shaped by the parties themselves, so it is more likely to be honoured and to bring lasting peace.
6. Encouraged by law — the National Civil Procedure Code permits and promotes compromise at any stage of a civil case before final judgment.

Review: A compromise is a beneficial, less adversarial mode of dispute resolution that delivers a quick, economical and harmonious end to disputes. However, it must be voluntary, lawful and free from fraud or coercion; a compromise on a matter that the law does not allow to be compromised (e.g. serious criminal offences) is not valid. Subject to these limits, compromise is highly necessary as it serves both the parties' interests and the broader goal of an efficient justice system.

Why is a Deed of Transfer of Ownership (राजीनामा) made?

A deed of transfer of ownership / sale deed (राजीनामा लिखत) is a written legal instrument by which the owner of property permanently transfers his/her ownership and all rights in that property to another person, usually in return for a price. It is made for the following reasons:

1. To transfer ownership lawfully — it is the legal means by which title to immovable (or movable) property passes from the seller to the buyer.
2. To provide documentary proof of title — the registered deed serves as conclusive evidence that the buyer is now the lawful owner.
3. To complete registration and record the change — the deed enables the Land Revenue Office to record the transfer in the buyer's name and update official records.
4. To prevent future disputes — by clearly describing the property, parties, price and conditions, it avoids later disagreements over ownership.
5. To fulfil legal requirements and taxes — registration of the deed satisfies statutory formalities and the payment of registration fees/taxes.
6. To enable the new owner's rights — only after the deed is the buyer entitled to use, enjoy, sell, mortgage or further transfer the property.

Sample Draft of a Deed of Transfer of Ownership (राजीनामा लिखत)

DEED OF TRANSFER OF OWNERSHIP (SALE DEED)

This deed of transfer of ownership (rajinama) is executed on this _____ day of ___, 20 B.S. between:

The Transferor (Seller / First Party): Mr./Ms. _____________, aged ___ years, son/daughter of _____________, permanent resident of Ward No. ___, _____________ Municipality/Rural Municipality, _____________ District, citizenship certificate No. __________ ; and

The Transferee (Buyer / Second Party): Mr./Ms. _____________, aged ___ years, son/daughter of _____________, permanent resident of Ward No. ___, _____________ District, citizenship certificate No. __________ .

Whereas the First Party is the sole and lawful owner of the property described below, and has agreed to sell and transfer it to the Second Party of his/her own free will, this deed is executed on the following terms:

1. Description of property: Land of plot (kitta) No. ___, area ___ (ropani/aana/dam or sq. m.), situated at Ward No. ___, _____________ , bearing the following four boundaries:
   • East: ____________
   • West: ____________
   • North: ____________
   • South: ____________ together with the house/structures (if any) standing thereon.
2. Consideration (price): The total agreed price of the said property is Rs. __________ (in words: Rupees __________ only), the full amount of which the First Party has received in cash/bank from the Second Party today; nothing remains due.
3. Transfer of ownership: From today, the First Party transfers all ownership, possession and rights over the said property to the Second Party, who shall hereafter use, enjoy, sell, mortgage, gift or transfer it as the absolute owner.
4. Guarantee of title: The First Party declares that the said property is his/her own, is free from any sale, mortgage, lien, donation, court attachment or other encumbrance. If any defect of title or third-party claim is later established, the First Party shall be liable to compensate the Second Party as per law.
5. Registration: Both parties agree to present this deed for registration at the concerned Land Revenue Office, and the registration fee and applicable taxes shall be borne as agreed/as per law.
6. This deed has been executed with full understanding, of free will and sound mind, without any coercion, undue influence or fraud.

In witness whereof, the parties have signed/affixed their thumb-prints below in the presence of the witnesses.

Witnesses:

1. Name: ____________ Address: ____________ Signature: ______
2. Name: ____________ Address: ____________ Signature: ______

(Registered before the Land Revenue Office, _____________ , on ____________ .)