The historic judgment of Rupa Ashok Hurra v. Ashok Hurra (2002)4 SCC 388; AIR 2002 SC 1771.A curative petition can be filed under the inherent jurisdiction of the Court to prevent abuse of its process and cure gross miscarriage of justice, as per the law laid down in the case of Rupa Ashok Hurra vs. Ashok Hurra and Anr. It can be either a civil petition or a criminal petition. Order XLVIII of the Supreme Court Rules states when can a Curative Petition be filed which is after the dismissal of a case in exercise of review jurisdiction under Article 137 of the Constitution, by way of circulation. Curative Petition UPSC – Supreme Court of India is a common discussion in UPSC examinations.
Such a petition which is filed under Order XLVIII of the rules shall be circulated to and heard by a bench of three senior most judges FAMILY LAW EXPERTS SINCE 1975
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as well as the judges who passed the judgment in question. Unless otherwise ordered by the court, such a petition shall be disposed of by circulation without any oral arguments. It shall be governed by the laws laid down under landmark judgment given in the matter of Rupa Ashok Hurra Vs. Ashok Hurra.
It shall contain specifically that no new grounds have been taken and the grounds mentioned in the petition had been taken in the application for review, which was dismissed by circulation.It shall always be accompanied a certificate of a senior advocate that the petition meets the requirements delineated in the case mentioned;
A certified or authenticated copy of the judgment or order complained of ;and A certificate of the advocate-on-record to the effect that it is the first curative petition in the impugned matter.
There is no limit within which a curative petition must be filed however , the same must be filed within a reasonable time from the dateoftheimpugnedjudgment.It states that the same fee as was paid in the original proceedings shall be levied. Taps9 Legal Services
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There is no time limit for filing a curative Petition. However it is always advisable to file it at the earliest . Its a legal remedy that one has an option to avail if there has been a gross miscarriage of justice or an abuse of process of law. Curative Petition UPSC – Supreme Court of India is a top of discussion in examinations very often. Reference may also be found in this link
A curative petition is a legal remedy available in India to a person who has been aggrieved by a final judgment or order of the Supreme Court or a High Court. It is a recourse available in exceptional circumstances where a petitioner seeks a re-examination of the final judgment, which has already been pronounced, and which may result in an error causing a grave miscarriage of justice. The concept of curative petition was first introduced by the Supreme Court of India in the case of Rupa Ashok Hurra v. Ashok Hurra in 2002. The Supreme Court held that a curative petition can be filed after a review petition has been dismissed, and the petitioner must establish that the judgment suffered from a grave error that has resulted in a miscarriage of justice. A curative petition is heard by a bench of three senior-most judges of the Supreme Court, and it is a discretionary remedy. The court may either dismiss the petition or, if it finds merit in it, recall the judgment and hear the matter afresh. It is important to note that a curative petition is not an appeal, and it cannot be filed merely on the ground of an error of law. It is a remedy of the last resort available only in exceptional circumstances.. Taps9 Legal Services (Opens in a new browser tab)
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