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

Two qualities a draft person should possess are:

1. Sound knowledge of law – a thorough understanding of the relevant substantive and procedural law so the draft is legally valid and enforceable.
2. Clarity and precision in language – the ability to express the intention accurately in simple, unambiguous words, avoiding vagueness and surplus matter.

Two matters to be disclosed while writing a plaint (फिरादपत्र) are:

1. The name, address and other identifying details of the plaintiff and the defendant.
2. The brief facts (cause of action) giving rise to the claim and the relief/remedy sought from the court.

Due date for appearance (साधारण तारेख) is the ordinary date fixed by the court on which the parties to a case are required to present themselves before the court. On such a date the party need not necessarily do any specific act, but must appear and remain present, and failure to appear may attract legal consequences such as the case proceeding ex parte.

Two documents to be included along with the deed of unsecured money lending (कपाली तमसुक) are:

1. A copy of the citizenship certificate of the borrower (and lender).
2. The photograph of the borrower (and proof of identity/witnesses' details).

A Will of Immediate Effect (हालैको वकसपत्र) is a deed of gift/bequest under which the donor transfers ownership of his property to the donee with effect from the present time, i.e. it takes effect immediately during the donor's lifetime. Unlike an ordinary will, it cannot generally be revoked at will once the property has been handed over and possession transferred.

Two contracts that can be made voidable (वदर गराउन सकिने करार) are:

1. A contract entered into by coercion, undue influence, fraud or misrepresentation (voidable at the option of the aggrieved party).
2. A contract where consent was obtained by mistake or the agreement was made to the disadvantage of a party unable to protect their interest, which the affected party may have set aside.

An Advance Payment Deed (बैनावट्टा लिखत) is a written document executed when, in an agreement to sell or transfer property, the buyer pays a part of the consideration in advance (earnest money) to the seller as a token of the bargain. It records the amount paid in advance, the property concerned and the terms on which the full transaction will later be completed.

Personal events such as birth, death and migration (शिफ्टिङ/बसाईँसराई) are registered at the local registrar's office, i.e. the concerned Ward Office of the Local Level (Gaunpalika/Nagarpalika) under the Local Registrar appointed for the local government, as provided by the law on registration of personal events.

A sheet of due date (तारिख पर्चा) is the written slip or paper issued by the court to a party to a case recording the next date (tarikh) on which the party must appear before the court. It serves as the official memorandum of the appointed date and is signed/handed over so that the party has notice of when to be present.

Basic Principles of Legal Drafting

The drafting of a legal document or law should follow these basic principles:

1. Accuracy and correctness – the draft must correctly reflect the intention of the parties/legislature and be consistent with existing law.
2. Clarity – language should be clear and easily understood, leaving no room for confusion.
3. Brevity (conciseness) – express the matter in as few words as necessary; avoid unnecessary words and repetition.
4. Unambiguity (certainty) – every term should carry one definite meaning so the document cannot be interpreted in more than one way.
5. Simplicity of language – use plain, simple words and short sentences; avoid difficult and high-flown words where possible.
6. Consistency – the same word should be used for the same idea throughout, and provisions should not contradict one another.
7. Logical sequence/arrangement – matters should be arranged in a proper, orderly sequence (e.g. preliminary, operative and final parts).
8. Legality and completeness – the draft must be within the bounds of law, cover all necessary points, and be free from anything that is illegal or against public policy.

Statement of Defence (प्रतिउत्तरपत्र)

A statement of defence is the written reply filed by the defendant in answer to the plaint (फिरादपत्र) filed against him by the plaintiff. It is the document through which the defendant responds to the claim, admits or denies the allegations and presents his own side of the case before the court.

Main features / contents:

• It is filed by the defendant within the time limit fixed by law after receiving the summons.
• It admits, denies or explains each material allegation made in the plaint.
• It states the defendant's own version of facts and the legal grounds on which he resists the claim.
• It may raise preliminary objections (e.g. limitation, jurisdiction, lack of cause of action).
• It is signed and verified by the defendant and submitted to the same court where the plaint was filed.

Importance: It ensures the principle of audi alteram partem (hear the other side), enabling the court to know both parties' contentions, frame issues, and decide the case fairly. Facts in the plaint not specifically denied in the statement of defence may be treated as admitted.

Sample Draft of an Exchange Deed (सट्टापट्टा लिखत)

(The 'Or' alternative — Advance Payment Deed — is given after this.)

DEED OF EXCHANGE (सट्टापट्टा लिखत)

This deed of exchange is executed on this ______ day of __, 20 (20 B.S.) between:

First Party: Mr. A, son of ______, resident of Ward No. __, ______ Municipality, ______ District (hereinafter the "First Party"); and

Second Party: Mr. B, son of ______, resident of Ward No. __, ______ Municipality, ______ District (hereinafter the "Second Party").

Whereas the First Party is the lawful owner of the land at Plot (Kitta) No. ___, area ___, situated in Ward No. __ of ______; and the Second Party is the lawful owner of the land at Plot (Kitta) No. ___, area ___, situated in Ward No. __ of ______;

Now this deed witnesses that both parties, out of their free will and consent and being of sound mind, have agreed to exchange (sata-patta) the above properties as follows:

1. The First Party hands over Plot No. ___ together with all rights to the Second Party.
2. The Second Party hands over Plot No. ___ together with all rights to the First Party.
3. Both parties have today taken possession of the property received in exchange and shall enjoy it as absolute owners with rights to use, sell, gift and transfer.
4. The properties so exchanged are free from any prior sale, mortgage, lien or dispute, and each party guarantees clear title; if any defect of title arises, the party at fault shall be liable.
5. Any difference in value, if agreed, has been settled (Rs. ___ paid by ______ to ______).

This deed is executed with free consent and shall be registered as required by law.

Witnesses: 1. __________ 2. __________

Writer of the deed: __________    Date: __________

OR — Sample Draft of an Advance Payment Deed (बैनावट्टा लिखत)

ADVANCE PAYMENT / EARNEST MONEY DEED

This deed is executed on ____, 20 (B.S.) between Mr. A (Seller), resident of ______, and Mr. B (Buyer), resident of ______.

1. The Seller has agreed to sell his land at Plot (Kitta) No. ___, area ___, in Ward No. __ of ______ to the Buyer for a total consideration of Rs. __________ (in words: __________).
2. Out of the total consideration, the Buyer has today paid Rs. ______ as advance (bainabatta/earnest money) to the Seller, the receipt of which the Seller acknowledges.
3. The remaining amount of Rs. ______ shall be paid by the Buyer at the time of registration of the sale deed, on or before ____, 20.
4. If the Buyer fails to complete the transaction within the agreed period, the advance paid shall be forfeited to the Seller.
5. If the Seller refuses to complete the transaction, he shall return the advance to the Buyer (commonly together with an equal sum as compensation, as agreed).
6. Both parties have executed this deed with free consent.

Seller: __________   Buyer: __________   Witnesses: 1. ____ 2. ____   Date: ______

Differences between Summons and Process

In short: A summons is addressed to the defendant to answer the suit, whereas a process/itlayanama is addressed mainly to witnesses or other persons to secure their attendance or evidence before the court.

Sample of a First Information Report (FIR / जाहेरी दरखास्त)

(The 'Or' alternative — Deed of Seizure — is given after this.)

To, The Office in-charge, ______ Police Office/Station, ______ District.

Subject: First Information Report (जाहेरी दरखास्त).

Applicant (Complainant): Name: __________; Father's/Husband's name: __________; Address: Ward No. __, ______ Municipality, ______ District; Age: __; Occupation: __________; Citizenship No.: __________.

Sir/Madam,

I submit this report regarding an offence committed against me/the victim, the particulars of which are as follows:

1. Date, time and place of incident: On ____, 20 at about ____ (time), at ______ (place).
2. Particulars of the incident: (State briefly and clearly what happened — e.g. "the accused __________ unlawfully __________ thereby committing the offence of __________").
3. Name/description of the accused: __________ (if unknown, state physical description and any identifying details).
4. Names of witnesses, if any: 1. ______ 2. ______.
5. Loss/injury caused / articles involved: __________.

I therefore request that the offence be registered, investigated, and necessary legal action be taken against the accused under the prevailing law. The above statement is true to my knowledge; I shall be liable if found false.

Applicant's signature: __________   Date: __________

OR — Sample of a Deed of Seizure / Search-and-Seizure Muchulka (खानतलासी मुचुल्का)

DEED OF SEARCH AND SEIZURE (खानतलासी मुचुल्का)

On this ______ day of ____, 20 at ____ (time), we, the undersigned, in the presence of local witnesses, conducted a search at the house/premises of Mr. __________, resident of Ward No. __, ______, in connection with case/offence __________, and seized the following articles:

The search and seizure were carried out lawfully and in the presence of the person concerned and the witnesses. The seized articles have been kept in custody for the purpose of investigation/evidence. This muchulka is prepared as a true record of the proceedings.

Person from whom seized: __________ (signature) Investigating officer: __________ (signature/designation) Local witnesses: 1. __________ 2. __________ Date & place: __________

Petition for Quashing an Illegitimate (Irregular) Order — Review

(The 'Or' alternative — differences between judgment and appeal — is given after this.)

Meaning

A petition for quashing an illegitimate/irregular order (बेरितको आदेश बदर गर्ने निवेदन) is an application made to a competent court (usually a higher court) requesting it to declare void and set aside an order passed irregularly, illegally, or without jurisdiction (बेरित) by a court, authority or official. "Berit" means contrary to the prescribed legal procedure; such an order causes injustice to the petitioner and must be corrected.

When such a petition lies

• When an order is passed without jurisdiction or in excess of jurisdiction.
• When the order is passed in violation of the prescribed legal procedure or principles of natural justice (e.g. without hearing the affected party).
• When the order is contrary to law or made on an error apparent on the face of the record.
• When there is abuse of authority or the order is otherwise unlawful.

Essential contents of the petition

1. Title / court to which the petition is addressed.
2. Particulars of the petitioner and the opposite party (name, address, etc.).
3. Facts of the case and the order complained of (date, authority, contents).
4. The grounds (berit) showing how the order is irregular/illegal.
5. The legal provisions relied upon and the jurisdiction invoked.
6. The prayer/relief — that the order be quashed/set aside and consequential relief granted.
7. Verification, signature and date, with supporting documents annexed.

Procedure / Review

The petition is filed within the prescribed limitation period before the competent court. The court examines whether the impugned order is indeed irregular; it may call for the record, hear the opposite party, and if satisfied that the order is berit, it quashes (badar) the order and may remand the matter for fresh, lawful decision. The remedy thus protects citizens against illegal and arbitrary orders and upholds the rule of law and fair procedure.

OR — Differences between Judgment and Appeal

In short: A judgment is the court's decision concluding a case, while an appeal is the legal remedy through which that decision is challenged before a higher court.

Sample Draft — Deed of Bond without Mortgage (कपाली तमसुक) for Rs. 45,000

DEED OF BOND WITHOUT MORTGAGE (कपाली तमसुक)

This deed of unsecured loan (kapali tamasuk) is executed on this ____ day of __, 20 (corresponding 20 B.S.) between:

Lender (First Party): Mr./Ms. A, son/daughter of __________, resident of Ward No. __, ______ Municipality/Rural Municipality, ______ District, Citizenship Certificate No. __________ (hereinafter the "Lender"); and

Borrower (Second Party): Mr./Ms. B, son/daughter of __________, resident of Ward No. __, ______ Municipality/Rural Municipality, ______ District, Citizenship Certificate No. __________ (hereinafter the "Borrower").

This deed witnesses that:

1. The Borrower, for his/her personal/household need and with free consent, has today received a loan of Rs. 45,000 (in words: Forty-five thousand rupees only) in cash from the Lender, the receipt of which the Borrower hereby acknowledges.
2. The Borrower shall pay interest at the rate of ____ % per annum on the said principal. (If interest-free, state "the loan is interest-free.")
3. The Borrower shall repay the full principal of Rs. 45,000 together with interest within ______ (e.g. one year) from the date of this deed, or on demand by the Lender.
4. This loan is unsecured (kapali) — no land or property has been mortgaged or pledged as security; it is granted purely on the personal credit and undertaking of the Borrower.
5. If the Borrower fails to repay within the agreed time, the Lender may recover the principal and interest through legal/judicial process, and the Borrower shall bear the costs.
6. The Borrower has executed this deed in sound mind, of his/her own free will, without any coercion, undue influence or fraud, after fully understanding its contents.

Witnesses:

1. Name __________, Address __________, Signature __________
2. Name __________, Address __________, Signature __________

Writer of the deed: Name __________, Address __________, Signature __________

Date: ____, 20 (B.S.)

Note: A copy of the citizenship certificate and recent photograph of the Borrower (and witnesses' identification) should be attached with this deed, and it should be executed/registered as required by the prevailing law.