Frequently asked questions

Telephone the chamber on +91 97603 65024 to fix a time, and come with the complete papers relating to the matter. The position will be assessed and you will be told whether the matter can be taken up, what it involves, and what the fee structure would be. An engagement begins only when it is expressly agreed on both sides.

Fees depend entirely on the nature of the matter, the court involved and the work required, and are discussed and agreed before any engagement begins. Bar Council of India rules do not permit advertising fees, so no figures are published here. You will be told clearly what is involved before you commit to anything.

Matters are conducted before the District Court at Bareilly, the Allahabad High Court at Prayagraj, and courts in Delhi where a case is pending there. Clients from Bareilly, Rampur, Pilibhit, Shahjahanpur and Budaun are represented from the Bareilly chamber. Telephone with the details of your matter and the position will be explained before anything is agreed.

No. No advocate can, and any assurance of a result should be treated with suspicion. What can be done is to assess the position candidly, prepare the matter properly, and conduct it competently. Nothing on this website promises or implies any particular outcome.

Communications in the course of professional engagement are protected under Section 132 of the Bharatiya Sakshya Adhiniyam, formerly Section 126 of the Indian Evidence Act. However, information sent through this website's enquiry form or by email before an engagement is confirmed is not covered. Please do not send sensitive details until an engagement has been agreed.

Everything you have relating to the matter: the FIR, complaint, notice or summons; any previous orders; deeds, agreements or revenue records for a property dispute; photo identity proof; and the case number if a case is already filed. A position cannot be assessed accurately from incomplete papers, and a second visit to fetch the rest costs a day.

It depends on the matter. In criminal cases where you are on bail, attendance is generally required on every date unless the court has exempted you, and non-appearance results in a warrant. In civil matters, attendance is usually needed only on dates fixed for evidence or where the court directs it. You will be told which dates require you.

Longer than anyone would like, and no timeline can be guaranteed. Bail applications are ordinarily listed within days. Criminal trials and contested civil suits are measured in years, depending on the number of parties, the volume of evidence and the court's board. Anyone who promises a date is guessing.

Case status, cause lists and orders for Bareilly are available on the eCourts district portal at districts.ecourts.gov.in/bareilly and through the eCourts Services mobile application. Search by case number, party name or advocate name. Recording the sixteen-character CNR number for your case makes it easy to find thereafter.

District courts in Uttar Pradesh ordinarily sit from about 10:00 AM, with an afternoon recess, Monday to Saturday, subject to the court calendar. Sundays, second Saturdays and gazetted holidays are generally observed. Confirm listings on the cause list, as timings for a particular court vary.

Anticipatory bail, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, is applied for before arrest, by a person who apprehends arrest in a non-bailable offence. Regular bail, under Sections 480 and 483, is applied for after a person is already in custody. Anticipatory bail is sought from the Sessions Court or the High Court; regular bail may begin before the Magistrate depending on the offence.

Section 438 of the Criminal Procedure Code, which governed anticipatory bail, is now Section 482 of the Bharatiya Nagarik Suraksha Sanhita. Section 482 CrPC, the inherent powers of the High Court used to quash an FIR, is now Section 528 BNSS. The change took effect on 1 July 2024. Cases registered before that date continue under the old Code.

An FIR can be quashed by the High Court under Section 528 BNSS where, even taking the complaint at face value, no offence is made out, where the proceedings are an abuse of process, or where the parties have genuinely compromised a dispute that is essentially private. The Supreme Court's guidance in State of Haryana v. Bhajan Lal sets out the categories. It is not available merely because the accused disputes the facts.

A notice under Section 35 BNSS (formerly Section 41A CrPC) requires the person named to appear before the investigating officer. It is not an arrest, and attending is generally advisable, because failure to comply can itself justify arrest. Take legal advice before appearing, and take the notice with you. Do not sign statements you have not read.

It depends on the offence, the court's board and whether the case diary has been filed. A bail application before the Magistrate or Sessions Court at Bareilly is ordinarily listed within a few working days of filing, though the court may await the police report before hearing it. No timeline can be guaranteed and no outcome can be promised.

A petition under Section 13B of the Hindu Marriage Act requires two motions. The statutory gap between them is six months, extendable to eighteen. The Supreme Court has held that a Family Court may waive the six-month period where the separation has been long and the settlement is genuine, but waiver is discretionary and is not granted as a matter of course. In practice a straightforward mutual-consent matter at Bareilly commonly takes six to twelve months.

Cruelty to a married woman by her husband or his relatives is now prosecuted under Sections 85 and 86 of the Bharatiya Nyaya Sanhita, which came into force on 1 July 2024. Section 85 creates the offence and Section 86 defines cruelty. The substance carries over from Section 498A IPC. Cases registered before 1 July 2024 continue under Section 498A.

Yes. Interim maintenance may be sought under Section 24 of the Hindu Marriage Act during the pendency of proceedings, and separately under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, which replaced Section 125 CrPC. A claim may also be made under Section 20 of the Protection of Women from Domestic Violence Act. These remedies can run in parallel, though courts adjust amounts to avoid duplication.

The governing consideration is the welfare of the child, not the right of either parent. Courts weigh the child's age, schooling, emotional ties and the capacity of each parent to provide care. Custody of a child below five is ordinarily, though not invariably, given to the mother. A parent who does not receive custody is normally granted visitation.

Proceedings under the Protection of Women from Domestic Violence Act 2005 are civil in nature and seek protection, residence, monetary relief, custody or compensation orders. They are, however, filed before a Magistrate and follow a procedure drawn from the criminal code. Breach of a protection order once granted is itself a punishable offence.

In Uttar Pradesh, disputes concerning agricultural land — declaration of bhumidhari rights, division of holdings, correction of revenue records — generally lie before the revenue courts under the UP Revenue Code 2006, before the Tehsildar, Sub-Divisional Officer or Collector. The civil court's jurisdiction over such matters is barred by Section 331 read with Schedule II. Filing in the wrong forum wastes years, so the character of the land should be settled before a suit is drafted.

Under the Limitation Act 1963, a suit for possession based on title must be filed within twelve years of the defendant's possession becoming adverse (Article 65). A suit for a declaration must be filed within three years of the right to sue accruing (Article 58). A suit to set aside a sale deed on the ground of fraud runs three years from when the fraud became known. Limitation is fatal if missed, so the relevant date should be identified at the outset.

A temporary injunction is an interim order under Order 39 Rules 1 and 2 of the Civil Procedure Code, granted while a suit is pending, to preserve the position until the dispute is decided. A permanent injunction is the final relief granted by the decree under Section 38 of the Specific Relief Act after the suit is tried. A temporary injunction requires a prima facie case, balance of convenience, and irreparable injury.

Trace the title through at least the last thirty years of registered documents; obtain a certified copy of the current khatauni or record of rights; check for encumbrances at the Sub-Registrar's office; verify that the land use permits the intended purpose; and confirm that no litigation or attachment is pending. For agricultural land, confirm whether any restriction on transfer applies to the category of the holding.

Civil suits are measured in years rather than months. A contested title suit commonly runs several years at the trial stage, and longer if appealed. Timelines depend on the number of parties, the volume of documentary evidence and the court's board. No timeline can be guaranteed. Where the immediate concern is protecting possession, an application for a temporary injunction is usually the first step.