Precise Pleaders

Knowledge

Frequently Asked Questions

Plain-language answers to questions clients commonly ask the chambers — across civil, criminal, family, property, commercial and constitutional matters.

Section

Consultation & Engagement

  • You may reach the chambers on WhatsApp or by calling the listed numbers. Initial consultations are by appointment and are conducted in confidence at the chambers, by telephone, or over a secure video call.

  • A short initial discussion to understand whether the chambers can assist is generally without charge. Detailed consultations involving review of documents and considered legal opinion are billed at a transparent, agreed fee.

  • Bring all documents related to the matter — notices, FIR/complaint copies, contracts, pleadings, court orders, correspondence and identification. A short written note of facts in chronological order is very helpful.

  • Yes. All communications between client and counsel are protected by professional privilege. The chambers does not discuss or disclose client matters with any third party.

  • Yes — the chambers regularly advises clients across India and abroad. Where a personal appearance outside Delhi is required, suitable arrangements or local counsel are coordinated.

  • Fees are agreed in writing before engagement. Depending on the matter, fees may be charged as a one-time consultation fee, a fixed brief fee, per-hearing fee, or a combination — always disclosed up front.

Section

Civil Litigation

  • Civil litigation refers to disputes between persons or entities that do not involve criminal punishment — for example contract disputes, property disputes, recovery of money, partition, declaration of rights, and injunctions.

  • It depends on the nature of the claim under the Limitation Act, 1963. For example, suit for recovery on a contract is generally three years from the date the cause of action arises. Specific advice should be taken before filing.

  • A civil suit is filed in a civil court for adjudication of private rights between parties. A writ petition is filed before a High Court or the Supreme Court under Articles 226/32 against State action that violates a legal or fundamental right.

  • Yes. Courts can grant interim reliefs such as injunctions, stay orders, attachment before judgment or appointment of a receiver, where the applicant shows a strong prima facie case, balance of convenience and irreparable injury.

  • Timelines vary. A straightforward suit may be decided in 2–4 years; complex suits with multiple parties or appeals can take longer. Commercial Court matters above the prescribed value are governed by stricter timelines.

Section

Criminal Law & Bail

  • An FIR is a written report of a cognizable offence registered by the police under Section 173 BNSS (formerly Section 154 CrPC). A complaint is a statement made directly to a Magistrate, who may take cognizance and pass appropriate orders.

  • Anticipatory bail is a direction issued under Section 482 BNSS (formerly Section 438 CrPC) by the Sessions Court or High Court, granting protection from arrest in the apprehension of being arrested for a non-bailable offence.

  • Regular bail under Section 480/483 BNSS is sought after arrest. The court considers the nature of the offence, the evidence, the antecedents of the accused, the likelihood of fleeing, and the possibility of tampering with evidence.

  • Interim bail is short-term bail granted while a regular or anticipatory bail application is pending — typically to address an urgent need (medical, family, etc.).

  • An order refusing bail can be challenged before a higher court. Successive bail applications may also be moved on a change of circumstances.

  • Cooperate with the investigation, but do not sign any document you have not read or understood. You may consult a lawyer before recording any statement and may be accompanied at the police station within the limits of law.

Section

Matrimonial & Family

  • Section 13 of the Hindu Marriage Act, 1955 provides grounds including cruelty, desertion (for two years), conversion, mental disorder, communicable disease, renunciation, and presumption of death. Mutual consent divorce is provided under Section 13B.

  • Two motions are required, generally separated by a six-month cooling-off period (which courts may waive in suitable cases). After both motions, the decree is usually passed promptly.

  • A wife, minor children and dependent parents may claim maintenance under Section 144 BNSS (formerly Section 125 CrPC), and under personal laws (HMA, HAMA, Special Marriage Act) and the Domestic Violence Act, 2005.

  • The Protection of Women from Domestic Violence Act, 2005 provides civil remedies — protection orders, residence orders, monetary relief, custody and compensation — to women in a domestic relationship.

  • Custody is decided keeping the welfare of the child as paramount, under the Guardians and Wards Act, 1890 and applicable personal laws. Visitation rights to the non-custodial parent are normally protected.

Section

Property & Real Estate

  • Examine the chain of title for at least 30 years, the latest sale deed, mutation records, encumbrance position, building plan sanction, and any pending litigation. A formal title-search opinion from counsel is recommended.

  • Mutation is recording of change of ownership in revenue/municipal records for tax purposes. It is not, by itself, conclusive proof of title — a registered conveyance is.

  • A suit filed by a co-owner for division of jointly owned property by metes and bounds, or for sale and division of proceeds where physical partition is not possible.

  • Where the tenancy is governed by a registered lease/leave-and-licence, eviction can be sought before the appropriate forum on grounds available in law (default, sub-letting, bona fide need, etc.). The applicable rent legislation should be examined.

  • Yes — through RERA, consumer fora, the NCLT (in some cases), or by way of arbitration depending on the agreement. Appropriate forum should be chosen on advice.

Section

Cheque Bounce (Section 138 NI Act)

  • When a cheque issued in discharge of a debt or liability is dishonoured by the bank for insufficiency of funds or for exceeding arrangement, an offence under Section 138 of the Negotiable Instruments Act, 1881 may arise.

  • Issue a written demand notice within 30 days of receipt of the bank return memo, allow 15 days for payment, and if unpaid, file a complaint within the next 30 days before the jurisdictional Magistrate.

  • Up to two years' imprisonment, or fine up to twice the cheque amount, or both, alongside compensation directions.

  • Yes. Section 138 cases are compoundable and are routinely resolved by compromise, including through court-annexed mediation.

Section

Corporate & Commercial

  • A written, signed contract is strongly recommended. It records the parties' intent, assigns risk, specifies remedies and provides clear evidence in case of dispute.

  • Arbitration is private dispute resolution by an arbitrator chosen by the parties, governed by the Arbitration and Conciliation Act, 1996. It is generally faster and confidential, and is a common choice for commercial contracts.

  • Through remedies before the NCLT (oppression and mismanagement under Sections 241–242 of the Companies Act, 2013), arbitration where shareholder agreements provide, or civil suits depending on the nature of relief.

  • A legal notice is a formal written communication setting out a grievance and demanding a remedy. It is often a precondition to litigation and frequently leads to a negotiated resolution.

Section

Consumer Protection

  • Under the Consumer Protection Act, 2019: District Commission for value up to Rs. 50 lakh, State Commission up to Rs. 2 crore, and National Commission above Rs. 2 crore.

  • Refund, replacement, compensation for loss/injury, removal of defect or deficiency, discontinuance of unfair trade practice, and punitive damages in suitable cases.

  • Yes. The e-Daakhil portal allows online filing of consumer complaints — https://edaakhil.nic.in/.

Section

Writs & Constitutional Matters

  • A writ petition is a remedy under Article 226 (High Court) or Article 32 (Supreme Court) for enforcement of fundamental and other legal rights against the State or its instrumentalities.

  • Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto — each addressing a distinct kind of grievance against State action.

  • A Public Interest Litigation is a writ proceeding raising matters of public concern. The petitioner need not be the directly aggrieved person, but must approach the court bona fide and on credible material.

The information on this page is general and intended for educational purposes only. It is not legal advice. Each matter turns on its facts — please consult counsel for advice on your specific situation.