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The Nepali Judiciary - Supreme Court Of Nepal

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• With regards to disputes concerning the review of constitutionality of law, the target was to<br />

dispose 100% of the cases in comparison but only 82% of the cases could be disposed<br />

each year, wherein additional responsibility at the rate of 10% per year regarding this issue<br />

has been added.<br />

• With regards to disputes concerning protection of fundamental rights, the target was to<br />

dispose 100% of the cases in comparison wherein disposal has been achieved according<br />

to the target thus causing a decrease in the pending cases by 2.62% per year or in other<br />

words the responsibility has decreased by 71.<br />

• With regards to disputes under the original and appellate jurisdiction, the target of <strong>Supreme</strong><br />

<strong>Court</strong> was to dispose 100% of the cases in comparison to new registration, wherein<br />

disposal has been achieved according to the target thus causing decrease in the<br />

responsibility by an average of 7.80% per year or in other words the responsibility has<br />

decreased by 1,144.<br />

• With regards to disputes under all jurisdictions, the target of <strong>Supreme</strong> <strong>Court</strong> was to dispose<br />

100% of the cases in comparison to new registration, wherein disposal has been achieved<br />

according to the target thus causing decrease in the responsibility by an average of 7.8%<br />

per year or in other words the responsibility has decreased by 1,205.<br />

• Target of Appellate <strong>Court</strong> was to dispose 100% of the cases in comparison to new<br />

registration, wherein disposal has been achieved according to the target thus causing<br />

decrease in the responsibility by an average of0.8% per year or in other words the<br />

responsibility has decreased by 80.<br />

• Target of District <strong>Court</strong> was to dispose 100% of the cases in comparison to new<br />

registration, wherein 95% of the cases has been disposed thereby resulting in addition of<br />

responsibility by 1,669 cases per year.<br />

• Target of other courts and tribunals were to dispose 100% of the cases in comparison to<br />

new registration, wherein 82% of the cases has been disposed thereby resulting in addition<br />

of responsibility by 231 cases per year.<br />

• Target of all courts and tribunals were to dispose 100% of the cases in comparison to new<br />

registration, wherein 99% of the cases has been disposed thereby resulting in addition of<br />

responsibility by 618 cases per year.<br />

• If we are to look into the overall disposal rate of all courts and tribunals, although the courts<br />

and tribunals are competent to dispose the number cases in comparison to new<br />

registration, they have failed to dispose the cases within the prescribed limitation i.e. within<br />

a period of one year.<br />

• From the overall data, we can conclude that it is not a problem for our courts and judges<br />

and employees to address the problem of work load, problem lies in reducing the quantity<br />

i.e. capacity to address within the prescribed period.<br />

3.2.1.4 Execution of Decision<br />

<strong>The</strong> Plan had envisaged to dispose petitions regarding execution of decisions within 6 months and<br />

provided the same could not achieved, the Plan had envisaged that disposal of such petitions<br />

would not exceed one year. Likewise, the Plan had envisaged and targeted to decrease the<br />

pending petitions by 75% at the rate of 15% per year. Overall data regarding execution of decision<br />

during the Plan period is provided herein below:<br />

21

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