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Consider the following statements about Curative Petition
The concept of curative petition originated from the case of Rupa Ashok Hurra Vs. Ashok Hurra (2002).
It can be entertained if the petitioner establishes there was a violation of the principles of natural justice.
It is first circulated to a bench of the three senior-most judges and the judges who passed the concerned judgment.
How many of the statements given above is/are correct?
Only One
Only Two
All Three
None
All statements are correct.
The concept of curative petition originated from the case of Rupa Ashok Hurra Vs. Ashok Hurra and another case (2002) where the following question arose before the court of law: ‘whether an aggrieved person is entitled to any relief against the final judgment/order of the Supreme Court, after the dismissal of a review petition?’
These petitions can be entertained if the petitioner establishes there was a violation of the principles of natural justice, and that he was not heard by the court before passing an order.
It will also be admitted where a judge failed to disclose facts that raise the apprehension of bias.
A curative petition must first be circulated to a bench of the three senior-most judges and the judges who passed the concerned judgment, if available.
Only when a majority of the judges conclude that the matter needs hearing should it be listed, as far as possible, before the same bench.
Hence option 3rd is correct.
By: Shubham Tiwari ProfileResourcesReport error
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