Advocate Gaurave Bhargava
Advocate Gaurave enrolled with the Bar Council of Delhi in 2002. He is a member of the Supreme Court Bar Association, High Court Bar Association & Saket Bar Association.
Enrollment Number : D/557/2002
- Delhi High Court
- District Court, Gurgaon
- District Court, Patiala House
- Family Courts, Delhi
- Supreme Court Of India
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Questions Answered by Advocate Gaurave Bhargava
Q: How to get a copy of interrogation ordered by the court
While granting anticipatory bail if judge impose a condition to appear before police for intorogation .. then can I request for having audio and video recording of the interrogation ? If yes, then in what provision we can request the court ?
Advocate Gaurave Bhargava answered
Article 20(3) of the Constitution of India entitles an accused to his right to silence (except under certain circumstances) to protect himself against any possible self-incrimination. This is the basic jurisprudence of the fair constitutional rights all over the world and are, thus, part of the basic fundamental rights under our constitution. In criminal cases (except certain exceptions) the liability or onus to establish the guilt of the accused offender lies on the prosecution. Moreover, any statement made by the accused to the police during investigation in police custody (except in certain exceptions) are not admissible against the accused at trial. Having replied to your concerns I’ll suggest you should not jump to any conclusion(s) or commit yourself to any further action unless I get to examine the precise allegations, evaluate material and draw strategy to deal with the same. We can meet for a conference as per mutual convenience after prior scheduling. Plz bring aling all the case documents available with u. Best wishes,Gaurave BhargavaAdvocate
Q: Legal procedure to report child abuse in India & legal action
How is non-recent child abuse reported in india and what action is taken against the victim ad the abuser.
Advocate Gaurave Bhargava answered
Depending on the kind of abuse the child is suffering, such child abuse can be reported to the Commission for Protection of Child Rights which are set-up at the State & Central level or to the police, if such child abuse also amounts to a crime under penal or special Law. Eg. Protection of Children from Sexual Offences (POCSO) Act.
Q: Supreme Court the highest court of appeal & final judgement
We have a 14 year old case - not being able to get the tenant out of our apartment in Chennai, India. It is going from court to court on appeal and now the tenant is going to Supreme Court i New Delhi (he lost in the Chennai High Court). Any idea how long it will take to get the judgement. If the tenant loses in Supreme Court can he appeal to any other higher bench?
Advocate Gaurave Bhargava answered
A case in Supreme Court may take anywhere between 5-7 years or more to get decided if ‘Notice’ is issued in the first hearing. It is, thus, advisable to keep track of the matter through a lawyer, file caveat, if advised by the lawyer & try to get the matter dismissed/rejected in the first hearing itself. After rejected by SC, the tenant has the option of filing a review petition & curative petition in SC itself, but chances of getting relief after initial dismissal of the case are negligible.
Q: Wife Hid Her past before marriage
I got married on Dec 2016 as per Hindu traditions with a girl I knew since May 2016. She lied about her past relationships as well as sexual history.I was honest about every relationship of mine but she successfully hid everything as I was abroad and had no source to confirm. Recently, I found her whatsapp backup on her mobile and looks like she has been sexually active with all of her 3 4 boyfriends. I don't have any issue with the past if it was a loving relationship. Every has a past these days and these things were just fine with me. However what confounds me is the fact that she was a f*ck friend/mistress with a guy and she knew right from the day one that he is getting married. Even after his marriage they would meet only for the act. Even though it all happened before my marriage, I am feeling cheated and thinking I was lured into this relationship. For me it looks like a severe character flaw with that girl. Please let me know what all options are open for me.
Advocate Gaurave Bhargava answered
You can file a petition before the Family Court for seeking divorce on the ground of cruelty. Apart from other grounds, you may plead that the conduct of your wife has caused mental cruelty to you. However, such a petition would take years to dispose whereafter aggrieved/losing party can file an appeal, which again would take a long time for disposal. Thus, if possible, try to make your wife agree for both of you filing a joint petition for divorce by mutual consent. That would take just 6 months (or even lesser) to conclude.
Q: What amount shall be recovered when police raid a house
Hi Police raided my house and they didn't find anything. During police remand they asked us to give money and they will cancel the fir against us. We paid them 15 lakh but after police remand they showed that it was recovered from our house. Now in court what shall we say. Shall we deny that it's not our money or shall we accept it and show them the proof. In chargesheet police has shown that it was recovered from the house that we have rented to someone. If I accept it what should I say that from where they recovered the money. I want to use what they have mentioned in chargesheet that they recovered from my rented house. I have rent agreement for the house.
Advocate Gaurave Bhargava answered
Facing a criminal trial is a serious business. The course to be adopted in the situation you find yourself in has to be strategised in context of allegations against you, the sections invoked against you & the defence which you have against the allegations. This can be best analysed by the lawyer conducting your trial. By seeking such advice in piece-meal manner you would only be spoiling your case. Thus, stick to your lawyers advice, or if you’re not satisfied, meet a seasoned criminal lawyer with your entire case record.
Frequently Asked Questions about Advocate Gaurave Bhargava
Can Advocate Gaurave Bhargava represent me in court?
Yes, Advocate Gaurave Bhargava can represent you in court. The lawyer is trained to present your case in the most effective way possible.
What should I bring to my initial consultation with Advocate Gaurave Bhargava?
When you meet with Advocate Gaurave Bhargava for an initial consultation, it is important to bring any relevant documents or information with you. This may include documents related to your legal issue, such as contracts or court orders, as well as any other relevant information, such as a list of questions or concerns you have about your case.
How do I prepare for my initial consultation with Advocate Gaurave Bhargava?
Before your initial consultation with Advocate Gaurave Bhargava, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.
What should I expect during my initial consultation with Advocate Gaurave Bhargava?
During your initial consultation with Advocate Gaurave Bhargava, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.
How do I communicate with Advocate Gaurave Bhargava?
It is important to communicate with Advocate Gaurave Bhargava regularly to stay updated on the progress of your case and to discuss any new developments or concerns you may have. You can communicate with the lawyer through phone calls, emails, or in-person meetings.
How much does it cost to hire Advocate Gaurave Bhargava?
The cost of hiring Advocate Gaurave Bhargava can vary widely. Some lawyers charge hourly rates, while others charge a flat fee for their services. Some also offer free initial consultations to discuss your case. Kindly contact the lawyer directly to enquire about the fee.