Curative petition

Guest (Querist) 14 June 2012 This query is : Resolved
Can an individual submits a curative petition against the order of a three members bench of the SC namely civil case No 3495 as it is being most abused in denying info under RTI Act 2005?

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M/s. Y-not legal services (Expert) 14 June 2012
if there is any appellate authority mean you can approach it..

-tom-

Murali Krishna (Expert) 15 June 2012
Curative petition is a last resort available even after a review against order of the Supreme Court is over. It is a serious affair. There is a specific procedure for filing Curative petitions. It requires a senior counsel's certification that there is gross injustice has been done if the curative petition is not allowed. For more on this, refer to Rupa Hurra Vs.Ashok Hurra's case.

Adv.R.P.Chugh (Expert) 15 June 2012
1. Curative Petitions rarely suceed, only a handful have since it's inception in 2002 in Rupa Ashok Hurra.

2. You need to have a certificate of fitness by Sr.Advocate.

3. It should be a case of perversity ont he face of it/manifest injustice and gross denial of principles of natural justice.

Don't know what the 3 judge decision was - so can't comment.

ajay sethi (Expert) 15 June 2012
agree with experts

N.K.Assumi (Expert) 15 June 2012
Well explained by the learned members.

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