whether curative petition can be filed without the dismissal of the review petition

Tilak Marg Forum for Legal Questions Forums Constitutional Law whether curative petition can be filed without the dismissal of the review petition

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 3 months ago.

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  • #5338

    we have clearly seen that curative petition is a solution given for the petitioner when his review petition has been dismissed.but can he apply for a curative petition just because he is not satisfied with the review petition and his review petition is also not dismissed.
    applying a curative petition when the review petition was not dismissed does not follow the grounds that have been mentioned in the landmark case of Rupa Ashok Hurra.
    what are the stands that I can use now to take CP?

  • #5371

    Curative petition can be filed in the Supreme Court only after dismissal / disposal of the review petition. It is not permissible to file the curative petition where the review petition is still pending or where the review petition has not even been filed.

    To read some more details about the curative petition, please see my note on the case of Rupa Ashok Hurra v. Ashok Hurra, (2002) 4 SCC 388 : AIR 2002 SC 1771.

    This is what has been laid down in the Supreme Court Rules, 2013, with regard to curative petition (only some relevant extracts are quoted here), which should clear some of your doubts about curative petitions:

    “1. Curative Petitions shall be governed by Judgment of the Court dated 10th April, 2002 delivered in the case of 'Rupa Ashok Hurrah v. Ashok Hurrah and Ors.' in Writ Petition (C) No. 509 of 1997.

    2. (1) The petitioner, in the curative petition, shall aver specifically that the grounds mentioned therein had been taken in the Review Petition and that it was dismissed by circulation.

    (2) A Curative Petition shall be accompanied by a certificate ofthe Senior Advocate that the petition meets the requirements delineated in the above case.

    (3) A curative petition shall be accompanied by a certificate ofthe Advocate on Record to the effect that it is the first curative petition in the impugned matter.

    3. The Curative Petition shall be filed within reasonable time from the date of Judgment or Order passed in the Review Petition.”

         


    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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