CURATIVE
PETITION
A Curative petition is the last way
to review and revise their own decision even after a review petition is
dismissed or revised. In simple words we
can say it is the last option for aggrieved party to get justice as promised by
Indian Constitution. The hon’ble Supreme Court originated the concept of Curative Petition
in Rupa vs. Ashok Hurra.The Apex court mentioned that the court applied
the concept only if there is prima facie miscarriage of justice& also
clarified that an aggrieved party cannot seek it as a right. The court applied
the concept after fulfilling some requirements as mentioned in Rupa vs. Ashok
hurra.
Requirements:-
· There
is violation of natural justice (rule of bias & rule of hearing).
·
The
judgment adversely affected the aggrieved party.
· A
curative petition is first circulated to a bench consists of three senior most judges and judges of the bench who passed the judgment.
·
If
the majority of judges agree that the matter needs hearing then it will sent it to the same bench.
·
If
the judges opined that petition lacks merit then the court imposes exemplary cost to the petitioner.
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