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(Guest)

curative petition

What is meant by curative petition . If the curative petition is admitted and get a affirmative verdict does than mean the previous judge(s) was wrong ? If wrong why can't that jugde be left scot free ? I am talikng about present bhopal gas leak case where scandalous decisions were taken by the erstwhile chief justice and certainly not for benevolence . Even the people like the Attorney genral and the abhisek singbhies actually defnding the case for UCIL can not be termed as act of God . They were all party to the huge money paid to the trusts and mistrusts . Your comment pl.
 



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 7 Replies

N.K.Assumi (Advocate)     09 July 2010

The concept of Curative petition was evolved by the Hon'ble Supreme court in the matter of Rupa Ashok Hurra vs.Ashok Hurra(2002)4SCC338 where the question was whether an aggreived 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.You can know more details about the petition by reading the above mentioned judgement in Rupa Ashok Hurra's case and the Supreme Court Rules,1966(as amended till date).

3 Like

Arup (UNEMPLOYED)     09 July 2010

thanks mr assumi for information.

Bhartiya No. 1 (Nationalist)     09 July 2010

"Even the people like the Attorney genral and the abhisek singbhies actually defnding the case for UCIL can not be termed as act of God ."

This only is the attitude, which has made us weak. We lack fighting attitude and always play defensive aginst mighty. U can find our law is in favour of everyone, and "Attorney genral and the abhisek singbhies"  are lawyers and can tilt the matter to anyone's favour, which suits them most.

N.K.Assumi (Advocate)     09 July 2010

Apart from other issues like that of Attorney General and Abhishek Singhvi etc; the fact remains that Curative Petition will always remain as a landmark inovative in the history of Indian judiciary considering the fallibility of Supreme Court Judges who are also human and not God.

Bhartiya No. 1 (Nationalist)     09 July 2010

Exactly Sir


(Guest)

Unless the same court punish the faltering judge curative petition will be applied selectively for political gain. Mr erstwhile chief injustice Ahmadi is yet to resign from the Bhopal Trust citing his inability as not being told by the Supreme court.Will that Supreme court punish him being wrong knowingly?

RAJ KISHORE VAISH (TEACHER CITIZEN OF INDIA)     16 July 2010

DEAR SIR,

                                 I HAVE ALLREADY SAID THAT NOBODY CAN BE PUNISHED TILL THE JUDGEMENT IN CONTEMPT PETITION (CIVIL) No.203 OF 1996 DISPOSED ON 29-03-1996 BY THE SUPREME COURT ,IS LIVE .

                                           HOW IT IS POSSIBLE TO PUNISH THE HON'BLE JUSTICE AHEMDI ,WHILE THE ABOVE NOTED JUDGEMENT WAS PASSED TO SAVE HIMSELF ALREADY .

                                             I WILL NOT SHY IN SAYING THAT TO NO BODY CAN PUNISH TO THE JUSTICE AHMADI IN INDIA . HE AND ALONG WITH OTHER JUDGES AND SOME OTHERS ALL ARE THE BIG BOSSES OF THE TERRISM IN INDIA IF NOT IT IS CHALLANGE TO THE ALL AUTHORITIES ARRANGE A PRESS CONFFERANCE AT RAM LEELA GROUND DELHI OR ANY OTHE PLACE I WILL PROVIDE ALL PROOF IN THIS REGARED .

                                                                                                 RAJ KISHORE VAISH , 09807952137


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