Limitation Periods (Hadmyad) in Nepal Law
Exam Snapshot
Limitation (hadmyad) is the legal deadline for filing a case. Missing this window extinguishes the right to approach the court for a remedy, regardless of the merits of the case. In Nepal, limitation is strictly statutory and procedural.
Core Concept
- Hadmyad (Limitation): The specific period fixed by law within which a suit, appeal, or application must be filed to be legally actionable.
- Civil Limitation: Governed primarily by the Civil Procedure Code and Civil Code. If no specific limitation is provided for a suit, the default period is typically 1 year from the date of knowledge or the cause of action.
- Criminal Limitation: Governed by the Criminal Procedure Code. The limitation period varies based on the maximum punishment prescribed for the specific offence. Serious crimes may have longer or no limitation periods.
Nepal Law Anchors
- Civil Procedure Code 2074, Section 10: Provides the general limitation period for filing civil lawsuits.
- Criminal Procedure Code 2074, Section 5: Specifies the limitation period for filing complaints (FIR/case) based on the severity of the potential sentence.
Confusable Terms
| Term | Definition |
|---|---|
| Hadmyad | The strict statutory time limit to initiate a case. |
| Laches | An equitable doctrine where unreasonable delay bars a claim, even if within statutory time. |
| Res Judicata | The principle that prevents re-litigating a case already decided. |
MCQ Traps
- Trap 1: Assuming limitation only applies to civil cases. (False: Criminal complaints also have strict deadlines based on the offence).
- Trap 2: Thinking limitation can be extended by mutual agreement. (False: Limitation is mandatory and statutory, not contractual).
- Trap 3: Confusing the 'date of occurrence' with the 'date of knowledge'. (Always check the specific statute, as some rights accrue from knowledge).
Example
If you suffer a contract breach, the Civil Procedure Code 2074 generally dictates a limitation period (e.g., 1 year). If you file the lawsuit on the 366th day without a valid legal extension, the court will dismiss your case as 'time-barred' (hadmyad naagheko) without reviewing the contract itself.
Memory Hook
Civil suit? Check the clock (time limit). Serious crime? Lock the clock (no limitation for heinous crimes like murder).
Quick Revision
- Civil default limitation is 1 year unless otherwise specified.
- Criminal limitation is tied to the maximum sentence length.
- Ignorance of the law/time limit is no excuse.
- Courts can dismiss time-barred cases suo motu.
- Statutory provisions exist to condone delay for specific incapacitated persons.