Can I file curative petition in Supreme Court against dismissal of SLP?

[Anonymous]

My SLP was dismissed recently by the Supreme Court. Can I file a curative petition before the Supreme Court against dismissal of SLP?

[Dr. Ashok Dhamija]

Please note that a curative petition can be filed in the Supreme Court as a last resort, and that too, in limited circumstances. A curative petition can be filed only after a review petition has been rejected by the Supreme Court.

Therefore, if at all, you feel that you need to challenge the order of the Supreme Court dismissing your SLP, you should first file a review petition, which is required to be filed within a period of 30 days from the date of order. In fact, even a review petition can also be filed on some limited grounds.

Since I have already discussed these issues in detail, I am not repeating the same. Please read my following articles for more details:

• Curative Petition vs Review Petition
• Success Rate of Review Petition and Curative Petition in Supreme Court
• Supreme Court AOR Examination – Leading Cases – Rupa Ashok Hurra v. Ashok Hurra, (2002) 4 SCC 388(for curative petition).

 

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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