review petition aginst sumary dismissal u/art 136
nilesh rathi
(Querist) 10 July 2011
This query is : Resolved
If an SLP is sumarily dismissed ,only by --"dismissed " order, but while dismissing the judges verbally saying that "we are not inclined to admit such matter", when the merits of the case and the provisions of law are totally overlooked on the name of sympathy and emotional grounds----THus there being gross miscarriage of justice,
plz guide me the further remedy -line of action availabe with me, certainly when my constitutional right . and natural justice has been denied.
CAN I FILE A REVIEW PETITION
OR SHUOLD I FILE WRIT UNDER ART. 32 FOR INFRINGEMENT OF MY CONSTITUTIONAL RIGHT
I REFERRED RUPA HURRA V/S ASHOK HURRA SUPREME COURT CASE
Murali Krishna
(Expert) 10 July 2011
1.Admission of petition under Art.136 is subject to the discretion of Supreme Court and hence reasons are not necessary. If still you feel that you have case, and Supreme Court ought to have heard you and pass a decision, you can file review.
2. Rupa Hurra's case relates to curative petition. You can invoke ratio in that case but you have follow certain procedure before it.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 July 2011
you must have solid grounds of injustice or miscarriage of justice otherwise mere filing has no sense.
Kiran Kumar
(Expert) 10 July 2011
its sole discretion of the court to admit SLP....Review petition is not likely to yield anything...you may take your chance if you wish to.
Nu.Delhi.Law.Fora.
(Expert) 10 July 2011
Dear Querist,
Much has been advised by ld. members. I may only add saying that in the present practice, your aim for seeking and obtaining justice and avoiding miscarriage, should be a Curative Petition (after no releif is bestowed in review petition). However, you may note that Rupa Ashok Hurra case may be taken as guidelines in matter like your's where justice is not seemed to have been done. But, this process involves some additional cost which you may always keep in mind.
Trust this would suffice.
Rabin Majumder
Advocate-on-Record
Supreme Court of India
