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CASE ANALYSIS OF RAMASHISH PRASAD SHAH V. HMG THROUGH THE LENS OF INTERPRETATION OF STATUES

CASE ANALYSIS OF RAMASHISH PRASAD SHAH V. HMG THROUGH THE LENS OF INTERPRETATION OF STATUES Table of Contents Chapter 1 . 1 1.1 Fact of the case . 1 1.2 Petitioner's claim .. 1 1.3 Statement of Defense . 1 1.4 Key legal issues . 1 1.5 Decision of the Court 2 Chapter 2 . 3 2.1 Analysis through principles of interpretation and Mimamsa . 3 1. Literal Rule (Plain Meaning Rule) 3 Mimamsa Perspective: 3 2. Harmonious Construction . 3 Mimamsa Perspective: 3 3. Purposeful Interpretation . 3 Mimamsa Perspective: 3 4. Expressio Unius Est Exclusio Alterius Mimamsa Perspective: 4 5. Mischief Rule . 4 Mimamsa Perspective: 4 Conclusion . 4 Chapter 1 1.1 Fact of the case Ramashish Prasad Shah was appointed to the Nepal Administration Service in a third-grade gazetted post upon the recommendation of the Public Service Commission. He was appointed with employment commencing from 022-10-17, as decided by His Majesty's Government. H...

LEGISLATION AS A SOURCE OF LAW IN THE CONTEXT OF NEPAL

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  LEGISLATION AS A SOURCE OF LAW IN THE CONTEXT OF NEPAL Background The term ‘ Legislation ’ is derived from the Latin words ‘ Legis ’ a law and ‘ Latum ’  meaning ‘make’, ‘put’, and ‘set’. Thus etymologically, legislation means making or  setting the law. Broadly , this term is used in three senses:  Firstly , in its broadest sense, it includes all  methods of law-making. In this sense, legislation includes  judge-made rules of law, and  even the particular rules of law or the rights created at law between parties  to contract.  In the second sense, the legislation includes every expression of the will of the legislature,  whether directed to the making of law or not. In this sense, every act of the legislature is  an instance of legislation, irrespective of its purpose and effect. The legislature does not  confine its action to the making of law, yet all its functions are included within the term  ‘legislation’, for exa...