In which case is the concept of curative petition?
The concept of curative petition originated from a landmark judgment in Rupa Ashok Hurra V. Ashok Hurra and Anr. The concept was evolved by the apex court to prevent the miscarriage of justice and to prevent abuse of process.
Who will hear curative petition?
A curative petition is usually decided by judges in chamber, unless a specific request for an open-court hearing is allowed. Every curative petition is decided on the basis of principles laid down by the Supreme Court in Rupa Ashok Hurra Vs Ashok Hurra & another, 2002.
What was Rupa Ashok Hurra case?
A case specifically known for matrimonial discord when the question of the validity of a decree of divorce reached the Honourable Supreme Court of India (hereinafter, ‘the Apex Court) and the woman withdrew her consent that she agreed while giving in to divorce through mutual consent.
Is there time limit for curative petition?
Article- 137 of the Constitution of India, 1950 subjects to the provisions of the guidelines made under Article 145, by which it is clear that theSupreme Court has the ability to review any judgment declared by it. This petition needs to be filed within 30 days from the date of the impugned order.
Is curative a petition?
Supreme Court lawyer KV Dhananjay said, “Curative petitions arise only after the Supreme Court dismisses a review petition. In essence, a curative petition says that the original judgment was erroneous and a review petition to correct the judgment was wrongly dismissed.
Is curative petition mentioned in Indian Constitution?
Constitutional background of curative petition Article 137 of the Indian Constitution endorses the concept of curative petition. 145 of the Indian Constitution the Apex Court (Supreme Court) has the superpower to review any judgement pronounced/ order passed) by it.
Under which Article curative petition is filed?
Article 137 of
Article 137 of the Indian Constitution endorses the concept of curative petition. It provides that in the matter of rules and laws created under A. 145 of the Indian Constitution the Apex Court (Supreme Court) has the superpower to review any judgement pronounced/ order passed) by it.
What is curative review petition?
In its order, the office explained that the curative review petition was an application which provides information to initiate “suo motu” proceedings under Articles 184 (3), 187, 188 and 189 of the Constitution, read with orders 26 and 33 of the Supreme Court rules.
Can curative petition be rejected?
PROCESS OF THE CURATIVE PETITION Such a petition will be circulated to the three judges and judges who has passed the impugned judgement. THE COURT can also reject the petition if found the plea lacks merit, but if petition deems to be just and proper it may be listed the same for hearing before the same benches.
Can a Supreme Court Judgement be challenged?
The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Article 137 of the Constitution provides that subject to provisions of any law and rule made under Article 145 the Supreme Court of India has the power to review any judgement pronounced (or order made) by it.
How is a curative petition heard in court?
A curative petition is usually decided by judges in chamber, unless a specific request for an open-court hearing is allowed. Another specialty is that, there is no limitation period for curative petition. But the Court has said that it must be filed within a “reasonable time”.
Can a three judge bench entertain a curative petition?
The three judge Bench allowed the curative petition filed by the National Commission for Women (NCW) by restoring the Special Leave Petition.
Is the Supreme Court the curative power in the Constitution?
Though the Constitution explicitly speaks about the review power of the Supreme Court under Article 137, it is silent about ‘curative power’. The curative petition was given shape and form in the case of Rupa Ashok Hurra v.