SQL Problem

Windows could not start the SQL Server(MSSQL SERVER) on local computer. For more information, review the system event log. if this is a non-Microsoft service,contact the service vendor and refer to service-specific error code 3417

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Press F11

 Character.AI

PMS

 192.168.0.18--> connect...>reason [a] log on to 192.168.0.18...>connect

Edit .bat file
pms_weekly_backup_script.bat

cls
@ECHO OFF
exp PMS_OWNER/PmsOwnerpa$$ file=PMS_12_11_2024.dmp log=PMS_12_11_2024.log fully =y
cls
exit

WinSCP

192.18.0150

hostname:

username:

password:

log on

 

d:PMS_12_11_2024.dmp

d:PMS_12_11_2024.log

copy and paste to 

/share/backup/PMS/

 

 f:
set ORACLE_SID=ORCL
exp melmilap/milmilap786 file=melmilap_10_11_2024.dmp log=melmilap_10_11_2024.log fully=y

command prompt:
f:\>
winscp
login to 192.168.0.150
username:
password:
f: melmilap_10_11_2024.log
melmilap_10_11_2024.dmp
 copy and paste to /share/backup/melmilap 

Problem

Solution:

Unlock the Account: If you have administrative access (as a user with DBA privileges), you can unlock the account using the following SQL command:

ALTER USER your_username ACCOUNT UNLOCK;

 

 Ehajari

192.168.0.41...Reason [ehajari41]>connect 

winscp

Taskmanager...> MSSQLMSSQLSERVER2017.....stop

C:\program files\Microsoft SQL SERVER\MSSQL14.MSSQLSERVER2017\MSSQL\

DATA

New site...

hostname

username

password

192.168.0.150---------------------------à/share/backup/ehajari41

Create new document

Remane new docyument with todays date [e.g. 06-Nov-2024)

Copy DATA   to new directory

 

then 

Taskmanager...> MSSQLMSSQLSERVER2017.....start

 

 

scp -r  /share/backup/LIC/expdp_lic_fullbackup_20241029.log root@1.190.x.x:/dump/LIC

scp -r  /share/backup/LIC/expdp_lic_fullbackup_20241029.dmp root@1.190.x.x:/dump/LIC

 

To check DR

[root@localhost ~] #  cd /share/backup 

[root@localhost backup] # ls

Ehajari Ehajari41 LIC PMS Melmilap 

[root@localhost backup] # cd LIC

 [root@localhost LIC ] # ls 

expdp_lic_fullbackup_20241125.dmp
expdp_lic_fullbackup_20241125.log

 

 

 

The law relating to contract in Nepal

 

The Law of Contracts in Nepal was governed by The Contract Act of 2056 B.S. (2000 A.D.) up until recently when the new Muluki Civil (Code) Act, 2074 B.S. (2017 A.D.) and, Muluki Civil Procedure (Code) Act 2074 B.S. (2017 A.D.) were introduced for settling civil disputes amongst the public.

These codes have made significant changes in the contract laws of Nepal and also, have defined the forms of contractual relationships, and also relationships arising out of deeds and other agreements.

Obligations

An obligation is created in the following circumstances:

• Through Law,
• Through contract/s,
• Through Indirect Contract, or, a quasi-contract,
• Through unjust enrichment,
• Through the unilateral commitment of any person to assume an obligation,
• Through an act to be treated as a tort under the law,
• Through an act to be treated as a quasi-tort under the law.

The codes specifically provide that obligations are transferred onto the successor to the property of the person who had originally assumed such obligation/s.

Formation of Contract

Property and Family related disputes are two of the major civil disputes that are settled through regular court proceedings aside from arrangements that are made through written deeds or contracts.

These Disputes are governed through/by the Muluki Civil (Code) Act, 2074 B.S. (2017 A.D.) (hereinafter referred to as the “Civil Code”).

The Code provides time limitations for filing legal suits on each related dispute.

Disputes arising out of contractual breaches

The formation of a contract is based upon a valid offer and acceptance. These offers and acceptances can be canceled through notices. These notices of revocation are to be submitted before the notices of offers and acceptances are acknowledged by the receiver of such notices.

Validity

• Contracts are not to be made in such an order so as to limit or restrain a party to exercise their constitutional and statutory rights.
• No contracts can be against public order or interest.
• No contracts can be declared to have been concluded under diminished free will.
• Contracts are to be made in such a way that they have the possibility of enforcement through courts or any other dispute settlement bodies.

Performance

• Contractual obligations are to be fulfilled as they have been stated unless changes/amendments are made through mutual understanding.
• The performance of contractual clauses is to be reciprocal. If one party fails to fulfill his/her obligation then the other shall not be liable to fulfill his/hers’.
• Performance shall be completed within the time and according to the manner stipulated in such contracts. If the time and manner are not stipulated then the performance shall follow reasonable actions.

Non-performance of a contract is accepted under the following circumstances:

• If one party releases the other of their obligations.
• If in case a voidable contract is declared to be void.
• In case of a breach.
• In accordance with the code.
• In case the contract is unenforceable because of an event that brings out fundamental changes in the circumstances.

Breach and Remedies

• A party can revoke the contract through a notice if the other does not perform or comply as stipulated.
• Actual loss or damage suffered may be realized.
• Provisions of Liquidated damages.
• Entitlement is to be paid on a Quantum Meruit basis.
• Claims for Specific Performance may be made.
• A suit for Injunction may be filed.

Formalities or Basic Requirements of Legal drafts

• Amounts should be in figures and words both.
• For a corporate signing, the name, registration number, and address of the entity should be clearly stated. The person authorized by the Board of Directors or a person who has received the Power of Attorney to sign such contracts is entitled to sign and put stamps on behalf of the entity.
• At least two witnesses are necessary for the execution.

We provide the following related services:

1. Contract Drafting and Review.
2. Due Diligence.
3. Contract-related Advice.

Current Judicial Trends on Nepalese Law of Contract

The researcher has studied selected cases decided and published by the Supreme

Court of Nepal to analyze trends in Nepalese contract law. The cases are published from

2023 to 2074 in the Nepal Kanoon Patrika (NKP) by the Supreme Court of Nepal. They are

discussed under different subheadings.

i. Concerning to Definition of Contract:

According to Muluki Civil Code, 2074, Section 504, a contract is deemed to be concluded when two or more parties agree, enforceable by law, to do or not to do any act. It is the statutory definition provided by the current contract law of Nepal.

Though Section 2 (a) of the Act Relating to Contract of 2023 had defined a contract as an agreement between two or more parties to do or not to do something, in the case of Dhruba Shumsher v. Nabaraj (2022), the Supreme Court was able to define it even before the enactment of the said law. The issue raised in the case was determining whether the document was a partnership contract or a general transaction. It was held that the document (agreement) was not a partnership contract but was a document of the general transaction (Lenden Ko) because that contained only the share profit of the transaction, but not the account of benefit and loss of the business. This judicial decision was made before the enforcement of the first separate Act regulating contracts in 2023 B.S.

The popular case of Tirtharajkumari Rana v. Binod Shanker Shrestha, legal heir of Ram Shanker Shrestha (2040), was decided by a full bench of the Supreme Court of Nepal, which defined the contract with its essential elements. To determine whether a document was a 'contract', such document must contain certain essential elements, such as the meeting of minds between the parties to do or not to do something, and the involved parties must perform the promise. It is necessary to present the terms of the contract to the concerned parties, and no determined format of the contract is provided in the law.

Likewise, the case of Sarki Kami v. Kanchho Kami and Others (2048) established a precedent that a document that contains the obligations of parties is called a contract, even though that was named as a 'document of advance payment'. Another case of Badriraj v. Namraj (2044) was also decided in the line of the above two cases of Tirtharajkumari Rana and Sarki Kami.

ii. Concerning to Essentials of a valid contract:

The popular case of Tirtharajkumari Rana has indicated essential elements of a valid contract to enforce it, that a contract needs a meeting of minds of the parties and the creation of obligation to the parties involved to do or not to do something. Unless otherwise provided in any specific law for a specific transaction, generally, there is no contract format provided by the public law regulating contracts in Nepal.

The case of Chitra B. Karki v. Maniram Agarwal (2071) contains issues regarding the essentials of a contract. A contract is deemed to be concluded between two or more parties when there is an enforceable agreement. Attending only consensus and agreement is not adequate for a contract to be valid. It must also have stipulations necessary to attain lawful objectives. No consideration of a contract is an important principle of a contract. Thus, consideration is considered an essential and compulsory element for a contract. There are mutual promises between the parties to gain or detriment something.

Similarly, the case of Dhanamaya Maharjan v. Tulasi Maharjan & Others upholds that there is no clear contract format in Nepal's public law regulating contracts. However, it says the contract document must clearly state the stipulations of responsibility of the parties and put their fingerprint with the consent as an essential element of the contract.

Likewise, the case of Bijay Chandra Labh v. Everest Paper Mills, Janakpur (2064) contains information about the essentials of a contract, in the sense that three things are most important – i) who is liable, ii) how to fulfill, and iii) the rights and liability of the parties created by agreement. An agreement that creates rights and liability for the parties but does not contain any provision regarding its performance cannot be regarded as a contract.

The case of Ircon International Ltd. v. Ratidevi Mahato (2069) contains about free consent is important in a contract. Due to the use of coercion and pressure, one cannot oblige a person to enter into a contract. If a person does not make any acceptance of the offer, there is no contract without the free consent of a party; a court cannot oblige a person to enter or reenter a contract.

In the case of Shayera Banu v. Sharadram Bhandari (2064), the Supreme Court of Nepal clearly stated the need for stipulations in a contract and that it is terminated after the accomplishment of the purpose and function of the contract. The contract being a 'private law' does not mean that any agreement can be a contract and can be interpreted in its ways beyond the framework of Contract Law (i.e. public law).

The case of Richhood Multiple Pvt. Ltd. v. Rashtriya Banijya Bank Ltd.( 2068) describes a valid offer. Any authority's pricelist invitation, tender notice, bid notice, auction notice, etc., is not considered an offer. These are only 'invitations to offer, and the authority may choose any bidder to accept the offer.

Similarly, the case of Achyut Prasad Kharel v. Office of the Prime Minister and the Council of Ministers (2064) focuses on the capacity of parties to a contract. To create a contract, there must be competent parties, offer, and acceptance of the offer. In contrast, such an offer must be as per and not inconsistent with the current law. It must avail certain considerations; the contract must be created per the manner provided in the law, etc., which are the fundamental elements of a contract. Such provisions create liability to the parties, which is regarded as contractual liability.

 

Top 10 Legal Issues Faced by Businesses in Nepal

1. Company Registration and Compliance

One of the first legal hurdles businesses face in Nepal is registering their company with the appropriate government agency. The Department of Industry, Office of the Company Registrar is responsible for company registration in Nepal. It is important for businesses to comply with all registration requirements to avoid penalties and legal issues in the future. Non-compliance can result in fines, suspension of business operations, or even legal action.

2. Taxation

Nepal has a complex tax system, and businesses must comply with various tax laws and regulations. Failure to comply with these laws can result in hefty fines and legal consequences. It is important for businesses to stay up-to-date with changes in the tax laws and regulations and ensure that they are filing their taxes correctly.

3. Contract Law

Contracts are the backbone of any business, and it is important to ensure that they are drafted and executed correctly. Nepali contract law can be complex and varies depending on the nature of the contract. It is important to consult with a qualified lawyer to ensure that the contract is legally binding and enforceable.

4. Labor and Employment Law

Nepal has a complex labor and employment law framework that businesses must comply with. It is important to understand the rights and obligations of employers and employees under Nepali law to avoid legal issues. Non-compliance with labor laws can result in legal action and damage to the reputation of the business.

5. Intellectual Property Law

Protecting intellectual property is crucial for businesses in Nepal. The country has laws that protect patents, trademarks, and copyrights. However, enforcing these laws can be challenging. It is important for businesses to consult with a qualified lawyer to ensure that their intellectual property is protected.

6. Environmental Law

Nepal has several laws and regulations aimed at protecting the environment. Businesses must comply with these laws and regulations to avoid legal consequences. Non-compliance can result in fines, suspension of business operations, or even legal action.

7. Corporate Governance

Good corporate governance is essential for the success of any business. It is important for businesses to have a clear understanding of their legal and ethical obligations to their shareholders, customers, and other stakeholders. Failure to adhere to these obligations can result in legal action and damage to the reputation of the business.

8. Competition Law

Nepal has laws that regulate competition in the market. Businesses must comply with these laws to avoid legal consequences. Non-compliance can result in fines, suspension of business operations, or even legal action.

9. Dispute Resolution

Disputes are a common occurrence in business. It is important to have a clear understanding of the legal mechanisms available to resolve disputes in Nepal. Options include negotiation, mediation, and litigation. It is important to consult with a qualified lawyer to determine the best course of action.

10. Data Protection

Data protection is becoming increasingly important for businesses in Nepal. The country has recently introduced laws aimed at protecting personal data. It is important for businesses to comply with these laws to avoid legal consequences. Non-compliance can result in fines, suspension of business operations, or even legal action.

In conclusion, businesses in Nepal face a wide range of legal issues. It is important for businesses to have a clear understanding of the Nepali legal system and consult with qualified lawyers to ensure compliance with all relevant laws and regulations. By doing so, businesses can avoid legal issues and focus on growing and succeeding in Nepal's dynamic business environment.