Review and Curative difference:
N.K.Assumi
(Querist) 10 September 2008
This query is : Resolved
What are the main distinction between a petition for Review and Curative Petition/
Murali Krishna
(Expert) 10 September 2008
Curative Petition, is a creation of Supreme Court in the case of Ashok Hurra Vs Rupa Hurra.
The issue before Supreme Court was that once a review before Supreme Court is decided, there may not be any further forum above Supreme Court to assail its order in review, even if grave injustice is done.
Hence, Supreme Court devised Curative petition to cure the injustice. This is available only in Supreme Court and apex court prescribed a procedure for making such petition.
N.K.Assumi
(Querist) 10 September 2008
Dear Murali,
Thank you so much to you and Sanjay for clearing this matter. I was really so confused about this matter and you have clear the matter for me otherwise I would have been drifting in the dark. Once again thank you to both of you.
Adv.Shine Thomas
(Expert) 10 September 2008
The Supreme Court has ruled that a curative petition can be filed after the dismissal of a review petition to reconsider its judgment.A petitioner is entitled to relief if he established violation of principles of natural justice in that he was not a party to the dispute,but the judgment adversely affected his interests or if he was a party to the dispute,but was not served with notice of the proceedings and the matter proceeded as if he had notice and wherein the proceedings a learned judge failed to disclose his connection with the subject matter or the parties giving scope for an apprihension of bias and the judgment adversely affects the petitioner.
