Curative Petition Pdf
This state of affairs, as the article will show, is far from what the Supreme Court intended when it propounded the modalities of curative petitions. The many number of curative petitions that have been filed and dismissed so far bears testimony to this inference. This has to be certified by a senior advocate.
Why Right to Constitutional Remedies is important. The petition is to be sent to the three senior most judges and judges of the bench who passed the judgement affecting the petition, if available. The Petitioners are therefore filing the present Curative Petitions on the principle of parity. From empirical data that I collected from the Supreme Court, not a single curative petition has been successful before the Supreme Court since Rupa Ashok Hurra. Shashi Sareen Court Master.
What Do You Understand By The Term Curative Petition
It is considered as the last and final option available for redressal of grievances. The petition is sent to three senior judges and also to the judges who have given their judgment which affected the petition, if available. The above mentioned supposition is necessitated by the huge number of curative petitions that have been filed so far before the Supreme Court. The High Court enhanced the compensation to Rs.
The Curative Petition shall be certified by the senior lawyers or an advocate related to fulfillment of the requirements. Such petitions serve as the final and last option for the parties to get justice as promised and guaranteed to each one of us through The Constitution of India. Unless otherwise ordered by the court, bill hybels books pdf such a petition shall be disposed of by circulation without any oral arguments. The Court in Rupa Ashok Hurra introduces a discretionary power to this obligation which is far from the dictum in A.
This therefore means that the Court in Rupa Ashok Hurra could only base its ex debito justitiae obligations within the parameters laid down by A. In the next four paragraphs, I will explore this confusion further and try to prove that indeed curative petitions are nothing but second review petitions.
That the petitioners in the relied upon judgement filed Special Leave Petitions Nos. This is because review petitions have been provided for in the Constitution unlike curative petitions which are a result of a Supreme Court pronouncement. The Petitioners of this relied upon judgment i. What Is Preventive Detention? From Wikipedia, the free encyclopedia.
What is Curative Petition? Certified that have carefully examined the above Curative Petition. It was stated that the acquired land was situated within the Municipal Limits of Panipat on the main G.
Conclusion Perhaps the propounding of curative petitions by the Court was a judicial fiat. However, it does mention that the same must be filed within a reasonable time from the date of the impugned judgment. These petitions were Deo Narrain Mandal v.
They stuck to the view that such matters shall not shake the interest and trust of the public at large and shall act as a tool to prevent gross miscarriage of justice. The writ does not go to a court placed on an equal footing in the matter of jurisdiction. However, the above observation confounds the litigant public as to what a curative petition actually is. Antulay, both judgments relied on the same ex debito justititiae obligation, albeit formulating it differently.
This is an erroneous assumption. It appears to me that in the present case, the land under acquisition having in mense potentiality the Honble High Court ought to have enhanced the compensation. Such petitions may be treated as rarest of the rare to maintain the trust and credibility, people of the country look up to from the Apex court of the country. Corresponding to para J of the Review Petition.
It will also be admitted where a judge failed to disclose facts that raise the apprehension of bias. Curative Petitions are such petitions that have seen a comparatively newer introduction in the field of law in our country. This fluctuation is as a result of unavailability of one of the judges who passed the impugned judgment otherwise the number of senior judges never changes, its always three. That the grounds mentioned in this Curative Petition have been taken in the Review Petition and that it was dismissed by circulation and no new grounds have been taken in this Curative Petition. Such a limitation to the number of times the power of review can be exercised marks the first distinction between a curative petition and a second review petition.
Jurisprudence behind Curative Petition
Chinese Community of Manila - G. No where in Rupa Ashok Hurra is Article explicitly mentioned.
The curative petition must accompany certification by a senior lawyer relating to the fulfillment of the above requirements. At this point it ought to be noted that Article is the only Constitutional provision that is common in both curative petitions and review petitions.
Curative Petition - Inherent Jurisdiction of the Supreme Court - iPleaders
The Petitioners submit that very strong reasons exist for the exercise of its inherent powers by this Honble Court. That I am the Petitioner No. The Petitioners submit that since the land which was the subject make of the petitioners Special Leave Petitions and the land forming the subject matter of the Special Leave Petitions i.
But in case the Bench before which such a curative petition is circulated deems just and proper, it may list the same for hearing before the same Bench, as far as possible. Once a decision is given by the Supreme Court of India the same may be considered final and binding. This article endeavors to bring forth the controversies generated by the Rupa Ashok Hurra decision and the impact of this decision on Constitutionalism.
This line of thought might have been an incentive for the litigant public to file unwarranted review and curative petitions in the hope that a mistake if found in the impunged judgment. Talk to a legal expert on phone and get the advice you need. This implies that the litigant public will not stop till they have exhausted all remedies available to the Supreme Court including that of filing of curative petitions.
Before Rupa Ashok Hurra, review petitions marked the finality of a Supreme Court judgment beyond which no further challenge of the judgment was allowed. The latter view seemed most plausible and the Constitutional Bench embraced it.
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