krishnajoshi (n/a) 20 July 2013
Can anyone tell me if there is any acquittal which occured when an applicant filed review petition in honb'le Supreme court of india ? According to my experience i have not come across a single case where review petition was successfully considered and acquittal occurred. Some of the cases had good grounds where review petition must be heard however is it so that the since the review petition goes to the same judges who took the decision they are adamant on overruling their own decision.
Ashok, Advocate (Lawyer at Delhi) 20 July 2013
You are right. It is very-very rare chance that a review petition will succeed in the Supreme Court. Unless a Judge has retired, the review petition goes before the same Bench which heard the case previously, and moreover, the review petition goes before them in their chamber. Therefore, it is the normal tendency of the Judges not to accept the review petition even if they themselves had committed an error. However, still people try by filing review petition. Hoping against hope. In fact, some people try even a curative petition after rejection of their review petition in the Supreme Court.
krishnajoshi (n/a) 21 July 2013
| Originally posted by : Ashok Dhamija | ||
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You are right. It is very-very rare chance that a review petition will succeed in the Supreme Court. Unless a Judge has retired, the review petition goes before the same Bench which heard the case previously, and moreover, the review petition goes before them in their chamber. Therefore, it is the normal tendency of the Judges not to accept the review petition even if they themselves had committed an error. However, still people try by filing review petition. Hoping against hope. In fact, some people try even a curative petition after rejection of their review petition in the Supreme Court. |
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Sir i assume that same thing happens in curative petition as well ?
Ashok, Advocate (Lawyer at Delhi) 21 July 2013
Yes, in curative petitions also, the success rate is very-very low. If I remember correctly, since the curative petition system was started about 11 years by the Supreme Court in Rupa Ashok Hurra vs. Ashok Hurra case, only 1 or 2 curative petitions have succeeded so far from out of hundreds of curative petitions filed during this whole period.
krishnajoshi (n/a) 21 July 2013
| Originally posted by : Ashok Dhamija | ||
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Yes, in curative petitions also, the success rate is very-very low. If I remember correctly, since the curative petition system was started about 11 years by the Supreme Court in Rupa Ashok Hurra vs. Ashok Hurra case, only 1 or 2 curative petitions have succeeded so far from out of hundreds of curative petitions filed during this whole period. |
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Good to know sir,.good to know it was a pleasure having this discussion.
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