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Richa Nidhi (student)     05 May 2014

Challenge of slp

Can a SLP  (CIVIL) judgement by triple bench be challenged further for review espeically when apex court has cleared that no further plea regarding that particular case will be entertained by the apex court



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 5 Replies

adv.raghavan (Advocate,9444674980)     06 May 2014

the concept of Curative petition was evolved by the Supreme Court of India in the matter of Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002)where the question was whether an aggrieved person is entitled to any relief against the final judgement/order of the Supreme Court, after dismissal of a review petition. The Supreme Court in the said case held that in order to prevent abuse of its process and to cure gross miscarriage of justice, it may reconsider its judgements in exercise of its inherent powers. For this purpose the Court has devised what has been termed as a "curative" petition. In the Curative petition, the petitioner is required to aver specifically that the grounds mentioned therein had been taken in the review petition filed earlier and that it was dismissed by circulation. This has to be certified by a senior advocate. The Curative petition is then circulated to the three senior most judges and the judges who delivered the impugned judgement, if available. No time limit is given for filing Curative petition.

Richa Nidhi (student)     07 May 2014

Thanks sir..its a great help

T. Kalaiselvan, Advocate (Advocate)     08 May 2014

I agree with the views expressed by Advocate Mr. Raghavan on the subject.  A very useful information to the knowledge of all.

adv.raghavan (Advocate,9444674980)     09 May 2014

thanks for you compliments. Adv.Kalaiselvan.

S K KARNjhc (Legal Adviser)     20 May 2014

Very well elaborated by Adv. Mr Raghavan Sir


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