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Showing posts with the label The transformative potential of suo motu cognisance in Nepal

The transformative potential of suo motu cognisance in Nepal

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Photo by Tingey Injury Law Firm on Unsplash In the realm of legal jurisprudence, courts possess an inherent power that often goes untapped — the power to take suo motu cognisance . Suo motu cognisance empowers the courts to initiate action on their own, even in cases where no formal complaint or action has been taken. Suo moto and Suo motu are both correct terminology. Suo motu is a Latin term that translates to on its own motion, while Suo moto is an anglicised version of the same term. Both terms are used in legal contexts to refer to a situation where a court or a legal authority takes the initiative to act on its own without the need for a formal request or complaint from a party. For example, a court may take suo moto/suo motu cognisance of a matter if it deems it necessary in the interest of justice, even if no specific complaint or petition has been filed by any party. This power allows the court to address issues that might otherwise go unnoticed or unaddressed. In the ma...