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    Our History

HISTORY OF LEXJURIST

We Have a Great History to Start Our Company.

The firm is the brainchild of Mr. Bimal Subedi who was designated as the prestigious High Court Judge by the Government of Nepal.

  • 200716 Nov 2007

    Institutionalized by Mr. Subedi

    Institutionalized by Mr. Subedi on 16th November 2007 as a partnership firm.
  • 201315 May 2013

    Firm's Structure Changed

    The firm’s structure later changed into a proprietorship under the sole leadership of Mr. Subedi on 15th May 2013.
  • 201916 May 2019

    Mr. Subedi’s honorary appointment as High Court Judge

    Mr. Subedi’s honorary appointment as High Court Judge on 6th May 2019 the firm's leadership shifted to Advocate Kishor Dangal for the transition period from 9th May 2019 to 12th October 2020
  • 202012 October 2020

    New Leadership : Mr. Abesh Adhikari

    After 12th October 2020, the firm has been handed over to Advocate Mr. Abesh Adhikari till date. Mr. Adhikari’s leadership has given the firm new momentum in the Nepalese legal market. As a result of young and dynamic leadership, the firm has created its own name and brand

From the firm’s initiation in the use of technology and law to providing one of the most-watched legal talk shows in Nepal, the firm now has a team of young and passionate practicing attorneys willing to contribute to the fraternity in the best possible ways. In adherence to ‘Client’s First Approach,’ the firm has added transparency in the legal profession as its core value for the clients. Not only it prioritizes the service before legal fees but justice before a case.

How Can We Help You?

Discover Frequently Asked Questions (FAQ’s) from our Advocates

Our team is always ready to assist you in settling down your issues. We hope that our consultation services have helped you clear your doubts. We have also prepared a list of Frequently Asked Questions (FAQs) for you the guide you through your endeavor. Although these FAQs are intended to help you through we advise you not to understand the FAQs as a legal opinion. Some of the FAQs might differ contextually.

Businesses can be registered legally in various forms in Nepal. One can register the business in

a) the ward office only

b) the Department of Industry (DOI)

c) the department of commerce

d) as a private limited in the office of the company registrar.

Depending upon the registration modality the process of registration varies. However, even if we register our business as mentioned in b), c), and d), it is compulsion to register the same business in the concerned ward office to get a PAN or VAT certificate. For details on the business registration follow our blog post.

In Nepal, marriage is governed by Part-3: Chapter on Marriage from the Civil Code of 2017 wherein, the Section 70 lists four prerequisites for a person to get married:

  1. If the man and the woman agree to accept each other as husband and wife,
  2. If the man and the woman are not relatives, punishable by law on incest,
  3. If the both man and woman are single,
  4. If both have attained twenty years of age.

However, the law permits and recognizes a marriage commenced among the people of a certain community in exception to above mentioned section (b) if it is culturally accepted. Hence, if the aforementioned conditions are fulfilled then, the law renders a person eligible for marriage.

Having attained the eligibility, the procedure that ought to be undertaken follows with both parties being present in the court with all the necessary documents such as:

  1. A recommendation letter declaring them to be unmarried ‘अविवाहित रहेको प्रमाणपत्र’ from the ward office of their respective permanent residence.
  2. In case they are getting married to a district other than their permanent residence, they also need to have a recommendation letter from the local ward office which shows that they have been living in the very ward for more than 15 days.
  3. Original and notarized copy of the citizenship certificate of the parties.
  4. Copies of passport size photos each (of witness and parties)

However, if one or both parties are foreigners then the procedure varies. The following documents shall additionally be present in such conditions:

  1. Translated and notarized ‘no objection letter’ from the respective embassy or consulate office.
  2. Translated and notarized ‘marriage law’ of the respective country.

With these, they are to apply to marriage in the court one day before their marriage, with the court fee of Rs.500/- for registration of the marriage application. The next day they are to present themselves in front of the judge with a minimum of one witness each. The procedure shall be concluded on the same day.

In Nepal, marriage is governed by Chapter 3: Provisions Relating to Divorce from the Civil Code of 2017 wherein all the provisions relating to divorce have been formalized. In Nepal any of the parties can file a divorce viz, it can either be done from the side of the husband or from that of the wife, or can be done in mutual consent.

Section 94 of the Act has provisions that set out the grounds for divorce from the side of the husband. According to it, a husband may affect for divorce in any of the following circumstances even without the consent of the wife:

  • Except where the husband and wife are living separately after obtaining their share of partition, or separating bread and board by law, if the wife has been living separately for three or more consecutive years, without consent of the husband,
  • If the wife deprives the husband of maintenance costs or expels him from the house,
  • If the wife commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the husband,
  • If the wife is proven to have had sexual intercourse with another person.

Similarly, according to Section 95 of the Act, a wife may effect for divorce in any of the following circumstances, even without the consent of the husband:

  • Except where the husband and wife are living separately after obtaining their share of partition, or separating bread and board by law, if the husband has been living separately for three years or more consecutively, without consent of the wife,
  • If the husband deprives the wife of maintenance costs or expels her from home,
  • If the husband commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the wife,
  • If the husband concludes another marriage,
  • If the husband is proven to have had sexual intercourse with another person,
  • If the husband is proven to have raped the wife.

Under the aforementioned conditions, the husband or the wife may individually, without the consent of another party, initiate a divorce. Besides these, a divorce can also be brought into effect on a mutual ground viz, by the consent of both parties.

The procedure that ought to be undertaken as per the law in the cases where either one of the spouses files a divorce through the court proceedings includes the following:

  1. File a petition: A divorce petition (फिरादपत्र) should be filed in the respective District Court. It is done in the District Court of the district where either of the parties resides. This petition should include the details concerning the grounds for divorce and other relevant information. 
  2. Notice to the opposing spouse: After the petition is filed, a notice about the petition is sent to the opposing spouse from the court within the time limitation of 21 days of response.
  3. Response from the opposing spouse: To send a response to the petition is the next procedural step. The opposing spouse needs to write back a reply letter (प्रतिउत्तर पत्र) defending, refusing, or agreeing to the claims made about the prior petition.
  4. Court Trial: After receiving this reply letter from the opposing spouse, the court orders the petitioner to present the necessary evidence against the defendant. After this, the court will also order the defendant to present his/her side of evidence. If there is an additional claim of property, then at this step the court will also ask the parties to disclose the details of the disputed property in the court.
  5. Court Orders: In between the trial proceedings, the court might also issue temporary orders like; presenting the witnesses, orders for child custody, protection of property throughout the court proceedings, etc. 
  6. Reconciliation: The court shall, to the possible extent, remind and convince both parties for a mediation with the aim of conciliation between the parties.
  7. Final Order: In a situation where the court fails to reconcile the parties even after convincing and reminding them through mediation, then the procedure ipso-facto moves towards dissolution of the marriage. The final decision shall be made after ensuring that if any claims regarding property, child custody, alimony, etc. has been made by a party as per the petition of divorce, it has to have been sorted out.
  8. Decision Implementation: The court must be submitted with an application for the decision implementation.

Yes, divorce can be done within a week in Nepal under the condition that there are no legal complications such as those being related to the issue of property, alimony, child custody, domestic violence, etc., and if it is done in a mutual consent under the procedures provisioned for divorce in Nepal. The procedure for such divorce is as follows:

  •  Any of the spouses need to file a divorce petition (फिराद पत्र) during the court hour.
  • The next day the opposition party shall be present in the court with the reply to that petition (प्रतिउत्तर पत्र) along with the divorce application.

If such a petition is filed on mutual consent of both parties, the court will suggest a mediation for conciliation between the parties.  However, if the parties fail to achieve a conciliation, despite the efforts by the court entailing reminding and convincing them, then the court shall affect divorce between them which can conclude within a week.

The protection of trademarks in Nepal is governed by the Patent Design and Trademark Act 2022 (PDTA). The Department of Industry (DOI), along with the Ministry of Industry administers both domestic and foreign trademark-related issues.

As per Section 16 of PDTA, a trademark can be secured only by registering it under the DOI. The procedure of registration ought to be in accordance with the following steps:

  1. An application along with all the required documents in a prescribed format is to be submitted to DOI for registration.
  2. After the application has been submitted, it is examined by the registrar of DOI concerning any conflicting trademarks. During this phase, the application process to register the trademark can be accepted or refused.
  3. After the aforementioned preliminary examination, if it is accepted, DOI will publish the trademark in an Industrial Property Bulletin.
  4. An opposition or complaint under specific grounds against the published trademark can be filed within 90 days of such publication. 
  5. If no such opposition is filed, the DOI will finally register the trademark and issue the trademark registration certificate. 

In general, it takes about 9 months to 1 year to complete this process of registration in Nepal. Once it is registered, you will have your trademark protected under Nepalese jurisdiction.

Nepal does not have a specific provision for the protection of foreign trademarks based on use. However, such trademarks can be secured by registering the trademark under the Department of Industry (DOI).

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