Model draft of an “Application u/ O.IX R.13 CPC for setting aside ex-parte decree”
* Please note that this model draft may be used mutatis mutandis*
-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