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. A curative petition is a last and Final option available for persons seeking justice through the judicial system. Curative petition . Curative Petitions are such petitions that have seen a comparatively newer introduction in the field of law in our country. . The most important part of UPSC IAS exam is its syllabus and there is a need to take an in-depth look at it. Mains level : CAMPA. Mar 15, 2022. This has to be certified by a senior advocate. Such petitions serve as the final and last option for the parties to get justice as promised and guaranteed to each one of us through The Constitution of India. The word "curative petition" means the petition filed by the petitioner to cure the erroneous decision passed by the supreme court even after the review petition filed under article 137 has been rejected by the court. A curative petition is a judicial innovation and a new concept in the Indian legal system. It was put forth by the apex court to avoid the failure of justice and to avoid misuse of process. UPSC Success aims to create a single point of reference for all needs related to . No time limit is given for filing Curative petition. Detail Analysis and download law optional previous year papers pdf of 10 year. From UPSC perspective, the following things are important : Prelims level : Green Credit Scheme, CAMPA. ; Came into Existence: It is a rare remedy devised by a Constitution Bench of the Supreme Court in its . Mercy Petition - under Article 72 or 161, not treated on legality rather mercy. Under Article 136, the Supreme Court decides whether the special leave petition deserves to be heard as an appeal or not. Curative Petition: Nirbhaya Case convicts file Curative pleas in Supreme Court. 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. A curative petition is the final and last option available to the people for seeking justice in the framework of the judiciary. If the review petition is discarded by the Supreme Court then a curative . In News. Part of: GS Prelims- Judiciary and GS Mains -II- Indian Polity. Option a is incorrect. Anyhow, the Supreme Court's verdict cannot result in a miscarriage of justice. Curative petition: The Supreme Court may allow a curative petition to reconsider its judgment or order if it is established that there was a violation of principles of natural justice or suspicion of bias in the role of a judge. . Others Powers of SC Answer (1 of 2): The petition under curative writ would lie where a judge failed to disclose his connection with the subject-matter or the parties giving scope for an apprehension of bias and the judgement adversly affects the petitioner. Once a decision is given by the Supreme Court of India, the same may be considered . PETITION discusses bankruptcy, chapter 11, corporate restructuring, and distressed investing. 137, 145,Nirbhaya case But no final decision has yet been taken on the next step. A Curative Petition is the final and last option available to the people for redressal of grievances in the court of law and to acquire justice as mentioned and promised by the Constitution of India after the review plea is dismissed or has been exhausted. In News. Curative petition. This petition is filed to prevent the abuse of the process of judgement and to cure the gross miscarriage of justice. was established by the Supreme Court of India.
Constitutional Standing A curative petition is supported by Article 137 of the Constitution. Article 137 of the Constitution of India, 1950, provides that subject to provisions of any law and rules made under Article 145, the Supreme Court has the power to review any judgment pronounced or order made by it. Procedure: A curative petition may be filed after a review plea against the final conviction is dismissed. It says that under Article 145, the Supreme Court has the power to review any judgment made by it. Every curative petition is decided on the basis of principles laid down by the Supreme Court in Rupa Ashok Hurra Vs Ashok Hurra & another, 2002. Vodafone Idea (Vi) will file a curative petition if the Supreme Court rejects its review plea seeking correction of what it calls errors in the telecom department's calculation of statutory payment arrears, managing director Ravinder Takkar said on Monday. Premium (2002) where the issue was whether, following dismissal of a review petition, an aggrieved party is entitled to any remedy against the final judgment/order of the Supreme Court. A curative petition is usually decided by judges in the chamber unless a specific request for an open-court hearing is allowed. Manifest pedagogy: With the delay in Nirbhaya case verdict and a central government plea for soceity centric guidelines in case of death penalty, different Supreme Court decisions in this regard is important for UPSC mains. Green Credit scheme.
The Supreme Court will decide whether the provisions introduced by The Government of National Capital Territory (Amendment) Act, 2021 violate the principles of federalism, separation of powers, representative democracy, and the rule of law. 2. UPSC Prelims 2021 MCQs mainly covered from major newspapers / PIB / Yojana and analysis of previous year question papers. A curative petition may be filed after a review plea against the final conviction is dismissed. It is the last constitutional resort which the accused has. Special Leave Petition vs Review Petition vs Curative Petition vs Mercy Petition: What are the differences? Typically, judges decide a curative petition after discussing it among . . . If the petition is admitted, the Hurra case says, "the same bench" must hear the matter on merits. July 5, 2010 3:48:04 am. It is meant to ensure there is no miscarriage of justice, and to prevent abuse of process. Origin of Curative Petition- A review petition can field within 30 days of the Supreme Court . A curative petition, which follows the dismissal of a review petition, is the last legal avenue open for convicts in the Supreme Court. Important Central Vigilance Commission (CVC) terms are important from the polity and governance perspectives in the UPSC exam. Prepare for UPSC Prelims with India's Best Online Test Series based on latest pattern. SC dismissed a petition filed by one of the four Nirbhaya rape and murder case convicts to review its May 5, 2017 judgment confirming his death penalty. upsc law optional previous year papers. World Hindi Day. Part of: GS Prelims- Judiciary and GS Mains -II- Indian Polity. Trending exams. (20 MARKS) (d) The doctrine of . The concept of the curative petition is supported by Article 137 of the Indian Constitution. In simple words, when a review petition filed under Article 137 of the constitution is rejected, it still can be pleaded that the petition be heard as curative 'petition'. It can be entertained if the petitioner establishes that there was a violation of the principles of natural justice, and that he was not heard by the court before passing an order. Review petitions are now heard in open court. Curative Petition . However, Article 137 provides that in the matter of laws and rules made under Article 145, the Supreme Court has the power to review any judgement pronounced (or order made) by it. ; Came into Existence: It is a rare remedy devised by a Constitution Bench of the Supreme Court in its . Curative petitions filed by two convicts in the high-profile Nirbhaya gangrape and murder case will come up for hearing on Jan 14 in the Supreme Court. The curative petition "shall" contain a certification by . What is a curative petition? It ensures justice as enshrined and promised by the Constitution of India after the review plea is dismissed or exhausted. Curative Petition is the final option for the petitioner to seek justice. A Curative Petition is the final and last option available to the people for redressal of grievances in the court of law and to acquire justice as mentioned and promised by the Constitution of India after the review plea is dismissed or has been exhausted. The supreme court can review mercy petition decisions on certain . A curative petition is usually decided by judges in chamber, unless a specific request for an open-court hearing is allowed. We are a digital media company focused on disruption from the vantage point of the disrupted. The curative petition is normally decided by judges' in-chamber, in rare and exceptional cases, it can be given an open-court hearing. In such a situation, the curative petition is the last chance available to that criminal, through which he can plead for leniency in the punishment ensured for him. . Court in its judgment, Rupa Hurra vs Ashok Hurra devised 'curative petition', It allowed the disappointed litigants to return to it even after losing the review petition. 10000 Most Probable Prelims Questions and Answers now available as PDF Compilation. The Forest Advisory Committee has approved a scheme that could allow "forests" to be traded as a commodity. Review Petition is important in India, it cannot be at the cost of justice." Critically examine this statement in the context of 'curative petition' in Indian and also refer relevant case-law. The curative petition shall contain a certification by a Senior Advocate with regard to the fulfillment of the above requirements. Mukesh Singh moved the mercy petition after the apex court dismissed his curative petition against the death sentence .The curative petition of even another convict Vinay Kumar was also rejected. Disclaimer: IAS EXAM PORTAL (UPSC PORTAL) is not associated with Union Public Service Commission, For UPSC official . Patil Amruta. The Court refused to grant him three weeks' time to file a mercy petition before the President of India. It is meant to ensure there is no miscarriage of justice, and to prevent abuse of process. We are of the view that since the matter relates to re- examination of a final judgment of this Court, though on limited ground, the curative petition has to be first circulated to a Bench of the three senior-most . The concept of the curative petition is supported by Article 145 of the .
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