Jhapa District Court

Establishment

Jhapa District Court was established in B.S. 2021. Looking at its historical background, it is found that even before B.S. 2004, an Amini Court was operating in Kumarkhod (currently Jhapa Rural Municipality) to deal with legal matters in the then Jhapa area. In B.S. 2011, this Amini Court was relocated to the vicinity of the current court's location in Chandragadhi, where an Ilaka Court was established.

At that time, multiple government offices including the police office, division office, forest office, land revenue office, accounts office, and the court itself were housed in a single long wooden structure. In B.S. 2021, the Jhapa District Court was formally established at that same location and has continued under the same name to this day.

A separate court building was constructed at the present location in B.S. 2028, but due to its deterioration and lack of capacity, the current court building was constructed in B.S. 2065. Historical records show that in B.S. 2013, Laxmi Prasad Majhiya Rai served as the presiding officer, and Mohanlal Upadhyaya Koirala was the first to serve as District Judge.

So far, 77 individuals have served as District Judges at this court. When the court was established in B.S. 2021, there were 1 District Judge, 1 Dittha (Registrar), and 25 employees. From B.S. 2029, two judges were appointed; from B.S. 2053, three judges; and currently, nine judges are sanctioned for this court.

Since B.S. 2031, the Registrar post was held by a Nayab Subba, and from B.S. 2046, the role was upgraded to Section Officer. Since B.S. 2060, the Registrar position is held by an Under-Secretary.

In recent years, the court registers around 4,000 new cases annually. Including transferred and pending cases, the total annual case load reaches around 6,000 to 7,000. For the execution of judgments, more than 800 applications are filed each year.

According to records as of Ashadh 2079 B.S., the court houses over 76,242 case files dating back to B.S. 2004. Apart from the nine judges, the court has a sanctioned staffing of 83 employees, including 1 Registrar (Under-Secretary), 1 Tehsildar (Section Officer), and 7 Section Officers.

Jurisdiction

According to Article 126(1) of the Constitution of Nepal, 2072, judicial powers in Nepal are exercised by courts and judicial institutions in accordance with the Constitution, other laws, and recognized principles of justice. Article 127(1) states that there shall be three tiers of courts in Nepal—Supreme Court, High Courts, and District Courts—and other judicial or alternative dispute resolution bodies may be formed as necessary under the law to hear cases at the local level.

As per Article 151(1) of the Constitution, except where otherwise provided by federal law, District Courts have the authority to initiate proceedings and adjudicate all cases within their jurisdiction, hear habeas corpus and injunction petitions, appeals against decisions of quasi-judicial bodies, and appeals against decisions of local-level judicial committees formed under provincial law.

The jurisdiction of the District Court is further defined under Section 7 of the Administration of Justice Act, 2073.

Functions Performed by the Court

• Initiate and conclude proceedings in all cases within its geographical jurisdiction, except where otherwise provided by law.

• Hear petitions for habeas corpus.

• Hear injunction petitions.

• Hear appeals against decisions of quasi-judicial bodies (e.g., District Administration Office, Land Revenue Office, Local Judicial Committee, Forest Office, Guthi Sansthan, etc.).

• Provide paid legal representation to the underprivileged and helpless parties.

• Execute judgments.

• Facilitate mediation: refer cases eligible for settlement to the Mediation Center.

• Register and conduct Court Marriages.

• Appoint guardians.

• Appoint custodians.

• Approve the adoption of foster sons/daughters.

• Authenticate authorized power of attorney.

• Issue judicial declarations of death.

• Issue declarations of insolvency.

• Appoint trustees of Guthi (religious trust).

• Provide legal consultation services.

• Provide 73 types of application forms to parties free of charge, among other services.