Curative petition - Reasons for not accepting
Querist :
Anonymous
(Querist) 13 February 2011
This query is : Resolved
sir as stated by Sri Ramachandran the Art. 137, Supreme Court shall have power to review any judgment pronounced or order made by it. The Constitution does not say whether the SC has to give any reason while deciding the review petition or not. It is the procedure devised by SC for itself. Therefore when Review Petition also dismissed one can file a curative petition. The SCI made stringent rules like Sr advocate certificate, If necessary exemplary costs cab be charged on the appellant for filling Curative petition. As they framed such stringent rules whether they are not reponsible for not giving the reason for not accepting the curative petition filed by the appeallant. so it clearly shows the violation of natural jutice and it creats a opinion that to help the sr advocates financially /monetorily the curative petition process is adopted. filing a curative petition by any one means he got substantial evidence on record and clear violation of jutice and biased nature of judges. So the Appex court himself is acting as monopoly. Curative petitions are rare and not a regular. So far only very few are that is in single digit only the curative petitions were accepted From the accepted curative petitions only RUPA ashok HuraVs Ashok hurra is the only case for any one to mention/ refer in their appeal
abhishek
(Expert) 13 February 2011
What's the catch
