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What is the difference between Review petition & Curative petition

Topic created ยท 5 Posts ยท 419 Views
  • Can anyone (Law optional sirs/madams, all the welcome) share their understanding about what's the difference between the two?
    Which articles do they trace their origin to?
    Which has higher chances of getting admitted by the courts and the specific circumstances or set of circumstances which are needed for their admission?
    Are lower courts allowed to do the same?
    Any famous judgement or policy - which was admitted under them or were outcome of any/both of them?

  • @Johnny_Distracted

    (Just copy pasting info from my notes)

    Review Petitions vs Curative Petitions

    • What is review petition ?
      • Parties aggrieved by the binding judgment of SC/HC can file a review petition on any apparent error with new evidences or arguments
      • SC may/ may not accept the petition
      • Article 137 (review petition)
      • Under SC rules 1966, such petition needs to be filed within 30 days from date of judgment
      • Even after dismissal of review petition, SC can accept a curative petition to prevent abuse of its process and cure gross miscarriage of justice
    • What is curative petition ?
      • No specific time limit to file curative petition
    • Requirements
      • Petitioner will have to establish there was a genuine violation of principles of natural justice and fear of bias of judge/judgment affected him
      • Gross miscarriage of justice
      • Petition must mention grounds that had been taken in review petition and it was dismissed by circulation
      • Curative petition must be certified by a senior lawyer for above 2 requirements
      • Petition sent to 3 senior most judges and judges of bench who passed judgment if available
      • If majority of judges think that it needs hearing, it will be sent to same bench if possible
      • If plea lacks merit, "Exemplary costs" from the petitioner
    • ORDER:
  • @Johnny_Distracted suppose SC gives some decision. You are not happy with that. Then you go and file a review petition. Now SC again gives some verdict. But iff still you feels that true justice has not been done. Then you can again move to SC with a Curative petition which is like a Review of Review petition verdict. But process to file it is more tight or rigid.

  • @Yo_Yo_Choti_Singh Thank you Tau. We love you ๐Ÿ˜˜

  • @Dexter2601 Thanks Dexter, a lot.

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