SC: Prescribed period under Limitation Act, does not include any period beyond period prescribed

SC: Document can’t be adjudged null & void without impleading executant

SC: Imposition of extreme penalty u/s 40(1)(b), Indian Stamp Act can’t be based on mere factum of evasion of duty

SC: The fact that a lathi is also capable of being used as a weapon of assault, does not make it a weapon of assault simpliciter

SC: Unmarried major daughter can’t enforce right u/s 20(3) Hindu Adoptions & Maintenance Act in a proceeding u/s 125 CrPC

SC: No petition can be transferred on the sole ground of delay in disposal

SC: U/s 37(1), Income Tax Act source of funds from which expenditure is made is not relevant

Model draft of an “Application u/ O.XXXVIII R.5 of Civil Procedure Code”

March 24, 2019 Tushar Kaushik

Model draft of an “Application under Order XXXVIII Rule 5 of the Civil Procedure Code for the attachment of properties owned by the defendant before passing of the judgement and decree.”

* Please note that this model draft may be used mutatis mutandis *

-Tushar Kaushik

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