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The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

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THE INTERIM CONSTITUTION OF NEPAL, <strong>2063</strong> (<strong>2007</strong>)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTS110. Judges <strong>of</strong> the Appellate Court and District Court not to be transferredto, or engaged in any other assignment(1) A judge shall not be transferred to, engaged in or deputed to any assignmentexcept that <strong>of</strong> a Judge.Provided that the Government <strong>of</strong> <strong>Nepal</strong> may, in consultation with theJudicial Council, assign a Judge <strong>of</strong> the Appellate Court and the District Courtfor a specified period to work concerning judicial inquiry, or to any legal orjudicial investigation or research, or to any other work <strong>of</strong> national concern.With regard to the Judges <strong>of</strong> the Appellate Courts or District Courts, the ChiefJustice, in consultation with the Judicial Council, may assign them to theabove mentioned work, including work relating to elections.(2) <strong>The</strong> Chief Justice may transfer the Judges <strong>of</strong> the Appellate Courts or DistrictCourts from one court to another on the recommendation <strong>of</strong> the Judicial Council.(3) <strong>The</strong> Chief Justice may assign a judge <strong>of</strong> any Court for a specified period <strong>of</strong>time as a judge <strong>of</strong> another court <strong>of</strong> similar level taking into consideration thenumber and subject matter <strong>of</strong> the cases to be decided.(4) <strong>The</strong> Supreme Court may, as provided for in the law, authorize a judge whois designated as a judge in a geographical region to issue preliminary or interimorders through electronic or other media, in the course <strong>of</strong> dealing with cases,to another nearby court <strong>of</strong> the same level taking into consideration thegeographical situation.111. Transfer <strong>of</strong> casesIf the Supreme Court is satisfied that the dispensation <strong>of</strong> justice in a case registeredin a particular court may be adversely affected if it is heard by that court, theSupreme Court may order another court <strong>of</strong> the same level to hear the case.112. Responsibility <strong>of</strong> the Chief Justice<strong>The</strong> Chief Justice shall have the ultimate responsibility to make theadministration <strong>of</strong> justice effective, and for this purpose he/she may, subject tothis <strong>Constitution</strong> and other laws, give necessary instructions to the SupremeCourt and other subordinate courts.170

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