What is the purpose of curative petition?
A curative petition is the last constitutional resort available for redressal of grievances in court after a review plea is dismissed or has been exhausted.
Who can file a curative petition?
A curative petition must be first circulated to a Bench of the three senior-most judges, and the judges who passed the concerned judgment, if available. If a majority of the judges conclude that the matter needs hearing should it be listed before the same Bench.
Is curative petition is a right?
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.
Which case dealt with 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.
What is Article 142 of the Constitution of India?
(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by …
What is curative petition Upsc?
A curative petition is a petition which requests the court to review its own decision even after a review petition is dismissed. This article will give further details about the Curative Petition, which will be of immense use in the Polity segment of the IAS Exam.
When can a curative petition be filed?
145 of the Indian Constitution the Apex Court (Supreme Court) has the superpower to review any judgement pronounced/ order passed) by it. Such a Curative petition needs to be filed within thirty days (30 days) from the date of judgement or order.
How do you draft a curative petition?
A curative petition must be accompanied by certification of a senior most judge, pointing out substantial grounds for entertaining it. It must be first circulated to a bench of the three senior-most judges, and the judges who passed the concerned judgment, if available.
What is mercy petition?
A convict under the sentence of death is allowed to file a mercy petition within a period of seven days after the date on which the Superintendent of Jail informs him about the dismissal of the appeal or special leave to appeal by the Supreme Court. The petitions are to be presented to the President of India.
What is a curative petition in India?
A curative petition is a concept that evolved by the Supreme Court of India in the matter of Rupa Ashok Hurra vs. (2002) in which the question was whether an aggrieved person is entitled to any relief against the final judgement or order of the Supreme Court after the dismissal of a review petition.
What is 124 a article?
Article 124 THE UNION JUDICIARY – Constitution Of India. (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven2 other Judges. (b) a Judge may be removed from his office in the manner provided in clause (4).
What is the Article 137?
Article 137 of the Constitution of India, 1950, provides that subject to provisions of any law and rules made under Article 145, the Supreme Court has the power to review any judgment pronounced or order made by it. The word “Review” in legal parlance connotes a judicial re-examination of the case.
Which court can entertain a curative petition?
To entertain a curative petition, the Supreme Court has laid down specific conditions: The petitioner must establish that there was a genuine violation of principles of natural justice and fear of the bias of the judge and judgement that adversely affected him.
How to file a petition for judicial review?
Call the administrative agency and ask for a final order.
How to file a petition for review?
Note “PETITION FOR REVIEW” on the first page.
What does petition to vacate court supervision?
When a Petition to Vacate Court Supervision, Petition to Vacate Conditional Discharge, Petition to Vacate Probation or a Petition for a Rule to Show Cause has been filed that alleges as the only allegation a failure to pay financial obligations, and upon full payment of all financial obligationsalleged in the petition, at the discretion and concurrence of the State’s Attorney’s Office, the petition may be dismissed by the Circuit Clerk’s Office without further court appearance or order by