Gaurav Sharma

Fields of practice

The chamber accepts work of every description. The headings below indicate the range of matters handled; they are illustrative and not a limit. Open a heading to read further, or type to search across all of them.

Criminal

Criminal work in its entirety, from the police station to the appellate court. Regular, anticipatory, interim and default bail at every level; quashing of first information reports, charge sheets and proceedings under Section 528 of the BNSS; trials under the Bharatiya Nyaya Sanhita and under the whole range of special statutes, among them the POCSO Act, the NDPS Act, the SC/ST (Prevention of Atrocities) Act, the Arms Act, the Excise Act, the Prevention of Corruption Act, the Prevention of Money Laundering Act, the Information Technology Act and the Food Safety and Standards Act; private complaints, protest petitions and applications for further investigation; discharge, framing and alteration of charge; habeas corpus, and challenges to preventive detention and externment; revisions, criminal misc. petitions, suspension of sentence, and appeals against conviction and against acquittal; compounding, plea bargaining, and claims for compensation to the victim. Any matter arising on the criminal side is accepted, whether or not it is named here.

Civil and property

The whole field of civil and property litigation. Suits for partition, declaration of title, permanent and mandatory injunction, possession, specific performance, cancellation of instruments, easement, mesne profits, damages and recovery; disputes over khatedari rights, undivided shares, boundaries and encroachment; landlord and tenant matters, eviction, rent and lease; interlocutory relief including temporary injunction, attachment before judgment, receivers, local commissioners and guardians ad litem; objections on limitation, valuation, court fee, jurisdiction, res judicata and rejection or return of plaint; first appeals, second appeals, revisions and review; execution, objections under Order XXI and proceedings against judgment debtors. Any civil dispute capable of being brought before a court is taken up on the same footing.

Constitutional, writ and public law

Proceedings against the State and every authority answerable under the Constitution. Petitions under Article 226 against the Government of Rajasthan and its departments, municipal bodies, panchayats, development authorities, boards, corporations, universities and examination agencies; supervisory petitions under Article 227 against orders of the civil, family and criminal courts and of tribunals; public interest litigation on matters of genuine public concern; challenges to statutes, rules, notifications, circulars and policy decisions; disputes over tenders, allotments, licences, permits, sealing, demolition and eviction; contempt petitions, review, and special appeals before the Division Bench, and petitions for special leave to the Supreme Court where instructed. Any grievance against the State that admits of a constitutional remedy is considered.

Service, employment and labour

Disputes between employee and employer of every kind, in government service and in private employment. Transfer, posting, deputation, seniority, promotion, pay fixation, ACP and MACP, pension, gratuity and terminal dues; departmental enquiries, charge sheets, suspension, penalty, dismissal and compulsory retirement; recruitment, eligibility, result and appointment disputes arising from boards, commissions and selection committees; regularisation of contractual and daily-wage service; appeals before the Rajasthan Civil Services Appellate Tribunal, proceedings before the Central Administrative Tribunal, and references before the Labour Court and Industrial Tribunal; retrenchment, wrongful termination, wages, bonus, provident fund, employees’ State insurance, employees’ compensation, and complaints of harassment at the workplace. Service matters of any description are accepted.

Matrimonial and family

Every dispute arising within a family. Divorce, judicial separation, nullity and restitution of conjugal rights under Hindu, Muslim, Christian, Parsi and special marriage law; maintenance under Section 144 of the BNSS and under personal law, together with its enhancement, reduction and execution; custody, visitation, guardianship and adoption; proceedings under the Protection of Women from Domestic Violence Act, including protection, residence and monetary relief; recovery of stridhan and dowry articles; applications for transfer of matrimonial proceedings between courts; mutual consent settlements and their recording; maintenance of parents and senior citizens; and appeals and revisions against orders of the Family Court.

Succession, wills and testamentary

Everything that follows on a death or a disposition of property. Probate, letters of administration and succession certificates; suits founded on or challenging wills, gifts, family settlements and relinquishment deeds; inheritance under Hindu and Mohammedan law, including oral gift, the shares of heirs and the rights of daughters and widows; partition of joint family and coparcenary property; disputes over nomination, bank balances, insurance proceeds, provident fund and shareholding; mutation and correction of records after a death; and the removal, substitution or accounting of executors, administrators and trustees.

Motor accident and insurance

Compensation and insurance litigation of every kind. Claim petitions before the Motor Accident Claims Tribunals in cases of death, permanent and temporary disability and injury, with attention to notional income, dependency, future prospects, loss of amenities and conventional heads; hit-and-run and no-fault claims; appearance for claimants and, separately, for insurers on breach of policy and permit conditions, licence and pay-and-recover; appeals and cross-objections against awards, applications for enhancement, and for release or stay of the awarded amount pending appeal; and disputes over repudiation or short settlement of life, health, motor, fire, marine and property insurance claims, before the courts, the consumer commissions and the Insurance Ombudsman.

Commercial, contract and recovery

Disputes arising out of business dealings, whatever their form. Suits before the Commercial Courts and the ordinary civil courts for recovery of dues under sale, supply, works, job-work, agency, distribution, franchise, partnership and service arrangements; disputes over defective performance, delay, quality, warranty and termination; summary suits under Order XXXVII; complaints under Section 138 of the Negotiable Instruments Act and connected recovery; proceedings before the Debts Recovery Tribunal and under the SARFAESI Act; references to the Micro and Small Enterprises Facilitation Council; disputes over guarantees, indemnities, letters of credit and banking transactions; pre-institution notices and replies; and attachment, execution and setting aside of money decrees.

Company, insolvency and securities

Corporate work before the specialised fora. Petitions and applications before the National Company Law Tribunal, including admission of corporate debtors, claims of financial and operational creditors, resolution and liquidation proceedings; personal insolvency and bankruptcy; oppression, mismanagement, and disputes among shareholders, directors and promoters; striking off, restoration, and compliance proceedings before the Registrar of Companies; disputes among partners and members of limited liability partnerships and firms; and matters before securities and market regulators and their appellate tribunals.

Arbitration, mediation and conciliation

The full course of an arbitration, and every application connected with it. References under construction, supply, distributorship, joint venture, partnership and service agreements, whether ad hoc or institutional; applications under Sections 8, 9, 11, 14, 16 and 17, including interim measures and the appointment and removal of arbitrators; conduct of the reference from statement of claim and defence through evidence to written submissions and award; applications to set aside an award under Section 34, appeals under Section 37 and enforcement under Section 36; conciliation under Part III of the Act; pre-institution mediation under Section 12A of the Commercial Courts Act; and settlements in court-annexed mediation and before Lok Adalats.

Consumer and real estate

Grievances of buyers, borrowers, patients, passengers and allottees. Complaints before the District, State and National Consumer Commissions against builders, banks, insurers, hospitals, airlines, e-commerce platforms, educational institutions, traders and service providers, in deficiency of service and unfair trade practice; disputes with promoters before the Real Estate Regulatory Authority and its appellate tribunal, covering delayed possession, refund with interest, alteration of sanctioned plans, carpet area, and maintenance and common areas; execution of consumer and RERA orders; disputes concerning electricity supply, assessment and disconnection; and disputes with cooperative housing societies and resident associations.

Revenue, land and development authorities

Land, records and the authorities that administer them. Mutation, correction and rectification of revenue records, demarcation, partition of holdings, conversion of land use and allotment of abadi land; proceedings before the Tehsildar, Sub-Divisional Officer, Collector, Settlement Officer, Revenue Appellate Authority and the Board of Revenue; allotment, lease, regularisation, resumption and cancellation by the Jaipur Development Authority, urban improvement trusts, the Rajasthan Housing Board, municipal bodies and gram panchayats, together with disputes over interest and penalty on instalments; land acquisition, award, reference and enhancement of compensation; and questions touching mining leases, grazing land, water bodies and public trust property.

Taxation, stamp duty and registration

Demands, assessments and penalties, and the appeals against them. Proceedings under the goods and services tax and the income tax, and under the earlier sales tax and value added tax regimes; appeals before the appellate authorities, tribunals and the High Court; disputes over refund, input tax credit, registration, cancellation and revocation; recovery, attachment and provisional attachment by tax authorities; deficiency of stamp duty, impounding, adjudication and penalty under the Rajasthan Stamp Act; refusal of registration by the Sub-Registrar; and disputes over valuation and district level committee rates.

Education, examinations and admissions

Academic and institutional disputes at every stage of education. Denial, cancellation or regularisation of admission, questions of eligibility, reservation, migration and transfer; results, revaluation, allegations of unfair means and debarment; recognition, affiliation, and disputes over fees, including proceedings under the Right of Children to Free and Compulsory Education Act and before fee regulation committees; conduct of and appointment through recruitment examinations; service disputes of teaching and non-teaching staff; and matters concerning the Board of Secondary Education, state and private universities, and the councils regulating professional courses.

Intellectual property and technology

Rights in names, works and information. Infringement and passing off of trade marks, copyright and designs; oppositions, rectifications and appeals in registry proceedings; disputes over trade names, domain names and online listings; confidentiality, non-competition and licensing disputes; defamation and objectionable material published online, with takedown, grievance and intermediary proceedings under the Information Technology Act and the rules made under it; and offences of cyber fraud, impersonation, and misuse of personal data.

Advisory, notices and documentation

Work that precedes litigation, and often prevents it. Written opinions on the merits, the proper forum and the maintainability of a proposed proceeding, and on the risk in a contemplated transaction; legal notices and replies to them; investigation of title and due diligence before purchase or lending; drafting and vetting of agreements, sale deeds, leases, mortgages, partnership and limited liability partnership deeds, family settlements, wills, trust and gift deeds, powers of attorney, affidavits and undertakings; representation and compliance before statutory authorities; and appearance in Lok Adalat and court-annexed mediation.

No field is excluded. Instructions are accepted in any matter before any court, tribunal, commission or authority in Rajasthan, whether or not it answers to a heading above. Where a matter lies outside the chamber’s experience, that is said plainly at the first meeting rather than after engagement.

Court links

Official portals for checking the status of a matter, reading a cause list, filing online and paying court fee. Each opens on the court’s own website; none of them is maintained by this chamber.

Limitation ready reckoner

An indicative calculation of the outer date for filing, counted from the date you give. It is a reading aid, not advice, and it does not account for exclusions, holidays or condonation.

Time for obtaining a certified copy of the judgment, decree or order is ordinarily excluded under Section 12 of the Limitation Act, so the real last date is usually later than the one shown. Where the last day falls on a court holiday, Section 4 applies. Delay may be condoned under Section 5, and under the proviso to Section 34(3) of the Arbitration and Conciliation Act only to the extent of a further thirty days. Nothing here should be relied on in place of the bare Act and the record of your own matter.

The chamber

A chamber at the Rajasthan High Court, Jaipur Bench, and an office at Kailashpuri on Tonk Road.

Contact

Please telephone or write before visiting, so that the papers can be read in advance of the meeting.