Model draft of an “Application under Order 38 Rule 5 of CPC for attachment of property before judgement”
* Please note that this model draft may be used mutatis mutandis *
Application u: O.38 Rule 5 of CPC-Adv. Tushar Kaushik
SC: An acceptance of contract with a variation is no acceptance
SC: Judicial review is to ensure fairness in treatment not fairness of conclusion
SC: Setting aside a perverse bail order is distinct from cancellation
SC: Woman’s right of residence in shared household can’t be defeated by eviction order under Senior Citizens Act
SC: No medical practitioner can claim that it can cure COVID-19
SC: Definition of “person” in Competition Act, 2002 is extremely wide
SC: Arbitral tribunal is preferred first authority to determine non-arbitrability
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