FIELD STUDY REPORT OF DISTRICT & HIGH COURT OF
BIRATNAGAR
A field visit Paper
Prepared for the Partial Fulfillment of the Requirement of
BA.LLB First Year in the Subject of Clinical Work
Submitted to
PU College of Law, Biratnagar
Purbanchal University
Submitted by
Name: Sunil Yadav
Roll No. : 28 Symbol no. : 510112
BA.LLB. First year
Date of Submission: 2082/1/07
ACKNOWLEDGEMENT
According to the syllabus of BALLB, first year of P.U., there was a field visit conducted for
clinical work, and it was assisted by many figures so, to provide acknowledgement to all those
individuals here is a little thank you for all. I am thankful to all teachers and friends who helped
and guided us on the tour. Special thanks to coordinator Nita Pyakhurel mam and Deepak
khatiwada sir who provided guidance in this tour and a special thanks to Rajkumar Bastola sir
and Mahesh Niraula sir for providing necessary assistance for this tour. I am also thankful to
all the court staff of District and High court of Biratnagar for providing necessary guidance
and necessary assistance for us. A huge gratitude to all the individuals mentioned above. And
thank you to Purbanchal University for the assist and to our parents who also helped us
financially for this tour.
-Sunil Yadav
TABLE OF CONTENTS
Contents Page No.
Chapter - 1: INTRODUCTION
1.1 Background ……………………………………………… 1
1.2 Objective of the study ……………………………………………….. 3
1.3 Rational of the Study ……………………………………………….. 3
1.4 Limitation of study …………………………………………………… 4
1.5 Methodology of study ……………………………………………… 4
1.6 Data Analysis ……………………………………………………… 5
1.7 Difficulties of Study …………………………………………………. 9
1.8 Reason of Difficulties………………………………………………… 9
1.9 Attainment ……………………………………………………… 10
1.10 Conclusion ……………………………………………………… 11
1.11 Recommendations …………………………………………………… 12
References ………………………………………………………………… 13
1.1 Introduction
PU College of Law was established in 2075 B.S. as a Constituent college of Purbanchal
University. PU College of Law fosters academic studies in the field of legal education in Nepal.
The undergraduate law course at PU College of law is intended to give a through grounding
principles of law. PU College of law offers 5 years B.A.L.L.B & 3 years L.L.B programs. Its
main aiming to transfer the legal education to next level and set the standard in developing
quality legal professionals. It also focuses on the practical knowledge and community legal
awareness such as legal education.Clinical work is an educational and experiential learning
component of legal education that allows law students to hands-on experience and develop
practical lawyering skills.
Clinical works provide the students to gain a knowledge about structure, procedures of the
court. It helps the student to understand the impact of laws in the society. It also helps to
develop client dealing skill of lawyer or student. The syllabus of BALLB first year in the law
faculty of Purbanchal University consist of field visit of court and report should be submitted
by every student.
PU College of law provided golden opportunity to all its student of first year of BALLB
student to have visit of Biratnagar District and High court. I was so excited and thrilled to have
a tour of those places as it would gain my knowledge about legal system.Courts are established
to check whether the law making and implementation is in accordance with the constitution
and the law, to interpret the law & enforce the rights. Court decides disputes between individual
& the government in fair and independent. Special provisions have been made in the
constitution for the courts to function impartially and independently.
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Supreme court
High court
District court
Figure: Hierarchy of court systems in Nepal
The district court initiates the case and decisions. The party who is not satisfied with the
decision made by the district court can appeal to the high court. In general, if the decision made
in the district court is upheld by the High court, it cannot be appealed to the Supreme Court
except in special cases. The final decision of such a case is from the appellate court.
However, if the decision made by the district court is invalid in whole or partially by of the
appellate court, the party who is not satisfied can appeal to the Supreme Court. This is a general
rule but some petitions can be directly appealed & registered in the Supreme Court and proceed
with the proceedings. It is called writ Jurisdiction under extraordinary jurisdiction. Court will
see application of the subject such as Certiorari, Habeas corpus, Mandamus, Quo-Warranto &
Prohibition i.e. issued to the order and judgment. If a person’s civil rights are violated and
someone’s is imprisoned against the whose rights have been violated & who is in illegal
detention can be freed directly issue the order by the district courts. Other courts system in
Nepal In addition to the courts and judicial bodies, various administrative offices and officials
have also been given the right to decide or make decisions like the courts such bodies are called
quasi- judicial bodies. The various departments and offices under the various ministries of the
Government of Nepal deal with cases within their jurisdiction as determined by the law, so
they are called quasi- judicial bodies. They also have to go through some procedure as the court
and make a decision.
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1.2 Objective of the study
The main objective of court visit for me are as follow:
-To understand court structure and hierarchical structure of court system
-To observe court proceeding such as trials, motion, hearing and oral arguments.
-To learn about court proceeding which includes how cases are admitted, objection are raised,
how witness are sworn, decision are rendered and justice is provided.
-Familiarizing with court department their function and roles
-To interact with legal professionals like judges, lawyers, clerks, bailiffs, court reporter and
attorneys
-To observe and understand daily activities of the particular court.
1.3 Rational of the study
It is essential for the faculty to conduct these types of research-based field visits to sharpen the
skills of the students and to let students observe the law enforcement system through their own
eyes. Therefore, I can proudly assure you that this visit provided all the information and
observation to the students regarding the law enforcement system of the country. It is very
beneficiary because the students gain first-hand experience of the law enforcement system and
gain knowledge about the current situation of the law enforcement system of the country.
Moreover, it helps to develop observation skills in the students. This visit helped the students
of first year to have real time interaction with the individuals working of the court mechanism,
which may not be achieved by being in the classroom or reading course-related books.
Therefore, this visit helped to find the reality of facts and observe what is just written in course-
related books and compare whether the things written in the course-related books is applicable
in real time practice or not.
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1.4 Limitation of the study:-
The report regarding court visit was all about the Biratnagar High Court and Morang District
Court. It does not include other matter regarding this. It is all about BA.LLB First Year Student
which was to make student to observe the court proceeding and enhance the understanding
about court.
1.5 Methodology of the Study
While visiting the court and preparing the reports, we follow many methods but basically there
are two methods i.e. observation and interview method.
1.5. A. Observational method:
My first method was observation. Firstly, when I entered to court, I observe many things in
court such as court structure system, judiciary function, role of judges, advocate, and other
staff members, security system, administration and management system of court and many
more.
1.5. B. Interview method:
My second method of the study was interview. I and my friends asked many questions and
discussed about many more information related to the court through judge, and other officer
of the court. Similarly judge also ask question related to court system, legal history and other
law related topic.
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1.6 Data analysis
When we are arrived at Biratnagar High court .There, we met with chief of administration
officer .Her named is Sandhya Yadav. She assisted us in visiting court and also explained the
functions of every branch of administration organ. She also introduced us with judge and their
staff.
According to her, there were more than 15 judges including chief judge in the High court. More
than 85680 Cases are pending in high courts. There are more than 1500 Cases filled in High
court every months. Approximately 150 to 200 cases reach a final judgment in the court each
months.
Nowadays, there are more cases relating to rape, murder, Drug abuses (lagu aushadh) conflict
among people etc. are major kind of cases registered in court. Year after year, there is an
increased in the number of fillings writ in courts. Many writs could filled by law students
nowadays. According to constitution of Nepal.The high court has power to deal with
extraordinary or writs (Art144).There are more than 15 Bench (Ijalash) room in high court.
While discussing with her, she also provide some information about the courts fees. The court
fees varies depending on the types cases or writ for instance it's 50 for simple application , 50
For application of Banking cases, 500 for punarabedan and 500 for writs etc. These are some
examples of court fees found in Biratnagar high court.
The administration officers also guided us and provided a lot of information about the court
proceedings and cases and writs. She also discussed about special procedures for dealing with
special cases and writ. They also provide information about weekly routine of High court for
hearing cases and writs.
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According to them:
Days of week Cases of hearing
Sunday & Monday Writ application
Tuesday & Wednesday Criminal cases
Thursday and Friday Civil cases
Saturday Holiday
(Sources: High court of Biratnagar)
After that my team and I arrived at district court of Morang. We met with one administration
staff. He is the registrar of district court He helps and guides us in collecting data and also
provides detail information about court proceedings and the process of fillings cases.
According to him, there are more than 12 judges in district court. It is the lowest - level court
in Nepal. Districts court are served as the primary courts for civil and criminal cases. He also
stated that more than 20,000 cases are pending in this court. There are more than 150 Cases
registered in this court. Most of cases relate to Divorce, Drug abuse, Dowry, murder etc.
According to him, the opening time of court is 9:30AM to 4:00 PM every day except Saturdays
and government holidays. He provide detailed information about court procedure, court fees,
and activities of the Courts. Respected judges of both courts (High court and district of
Biratnagar) provide valuable insight through interaction with us/student’s .they also discuss
opportunities and challenges in legal field and courts. This discussion also help to understand
crime and punishment system and also helping us for understand the judiciary system of Nepal.
Judges also explained about how much practical knowledge are important for utilization of
theoretical knowledge additionally, they discussed how laws regulate society and the impact
of legal decisions on social order.
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The judges are conducted group discussion by addressing one by one questions and they
provided detailed answer and clarified various legal principle or aspects. This discussion helps
to understand the history of Nepalese legal system and various judgement given by court.
(Sources: High court of Biratnagar)
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(Sources: District court of Biratnagar)
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1.7 Difficulties of Study
Economic limitation: While visiting, there is no funding for educational/ research program
within the court and also lack of resources.
Time-bound challenges: There is strict schedules which limited the study time and focus.
Lack of cooperation: Unwillingly from inmates or staff to engage or interact with educational
initiatives.
Travel barriers: Difficulty accessing educational resources or external support due to security
protocols.
Overcrowding: High inmate-to-educator ratios can limit personal attention and support
Insufficient Time: limited hours for study due to other obligations or restrictions.
Data collection difficulties: Challenges in obtaining relevant data for research or studies.
1.8 Reasons of Difficulties
Reasons which creates difficulties situation during court visit.
-Lack of fund for court visit.
-Lack of transportation services.
-Poor management of administration.
-Language problem while discussion about the cases with public and administration staff.
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1.9 Attainment
This field visit helped in developing observation skill in students of first year of BALLB of
PU College of Law. Moreover, it helped to get interacted with staff and officials of court.
Students were able to observe and collect data about filing of report in the court, how cases are
registered in the court, how cases of many natures are handled by the court, what are the rates
of registering cases and rates for other procedures of cases, how cases are solved. The above-
mentioned objectives were also fulfilled throughout this visit. This field visit increased
knowledge about actual situations of courts, system or structured of court, administrative
structure, Missils, case list, allotment of cases and many other legal knowledge.
Court visit was very helpful for law students like me. Court visit also provide me with an
opportunity to be familiarize with court room, structure and different departments of court.
Acquiring practical knowledge and understanding of legal process, observing legal arguments
and strategies, interacting with legal professionals and gaining knowledge about cases from
there registration to allotment process was the best part of court visit.
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1.10 Conclusion
On our visit to the court, I got the opportunity to learn from honorable Judges, Registrar or
Shrestadar, advocate and other official staff of District and High court of Biratnagar. In the
entry of the gate there was tight security and every person enters in the court with the rules and
regulation. There were different branches like issue branch, administration branch, tehsil
branch, information branch, etc in the court. The court-room environment is clean and silent
as well as peace. The staff of the court were very co-operative and helpful. I asked many
questions related to the court system, structure of the court, how legal proceeding is worked,
court fee structure, daily activities of the court and many more. This visit helped to gain a
knowledge, objectives and experiences to get known about court.
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1.11 Suggestion or Recommendations
- There should not be much delay in giving the judgments of cases which lead to increases the
burden over the work of judiciary.
-They must do their work sincerely and timely to get rid of this problem Parking system outside
the court should be managed properly.
- Encouraged to Alternative Disputes Resolution (ADR) the visit is included in the syllabus of
clinical work.
- Therefore, the campus should set Budget for this kind of tour rather than students.
- The visit is only for one days. Therefore it should be one week which helps the student to
known about the court system, structure, and function in deep way.
-Court visit is benefit for the students and it should be continued in next year also.
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References
-https://supremecourt.gov.np/court/morangdc
-https://supremecourt.gov.np/court/biratnagarhc
-https://www.slideshare.net/slideshow/district-court-visit-report/42151730
-https://purbanchaluniversity.edu.np/faculties/faculty-of-law12-03-45
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