Atreya LegalAdvocates & Legal Consultants

Insights and guidance

Notes on questions clients ask most often. Each one opens with the short answer, cites the section or judgment it relies on, and carries the date it was last checked.

Criminal law

Anticipatory bail under Section 482 BNSS: who can apply and how courts decide

Anticipatory bail in India is now governed by Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Who can apply, where, the conditions courts impose and when it is barred.

Recovery

Cheque bounce under Section 138: the notice and complaint timeline

The deadlines in a Section 138 Negotiable Instruments Act case: 30 days for the demand notice, 15 days to pay, one month to file the complaint, plus penalties and where to file.

NDPS

Bail in NDPS cases: how Section 37 and the quantity seized decide the outcome

How bail works under the NDPS Act, 1985: small, intermediate and commercial quantity, the twin conditions of Section 37, default bail after 180 days and procedural safeguards.

Family law

Mutual consent divorce in India: procedure, timeline and the six-month wait

Mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act: conditions, two motions, when the six-month period can be waived.

Criminal law

What to do when the police refuse to register an FIR

Remedies under the Bharatiya Nagarik Suraksha Sanhita, 2023 when a police station refuses an FIR: Zero FIR, complaint to the Superintendent, Magistrate under Section 175(3), private complaint.

Civil litigation

Limitation periods for civil suits in India: a reference table

Time limits under the Limitation Act, 1963 for common civil suits, appeals and execution: money recovery, contracts, specific performance, possession, and when delay can be condoned.

Tax

GST show cause notice: time limits, how to reply and the appeal route

A guide to GST demand notices under Sections 73, 74 and 74A of the CGST Act, 2017: limitation periods, penalties, replying in Form DRC-06 and filing an appeal under Section 107.

Employment

POSH Act compliance: what every employer with ten or more employees must do

Employer duties under the Sexual Harassment of Women at Workplace Act, 2013: Internal Committee composition, complaint and inquiry timelines, annual report and penalties.

Property

Buying property in India: a legal due diligence checklist

What to verify before buying land, a house or a flat in India: title chain, encumbrances, approvals, RERA registration, taxes and litigation, and why registration of the sale deed matters.

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