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Review & Curative Petitions: Complexities and Implications.



  Oct 18, 2023

Review and Curative Petitions in India's Supreme Court



What is a Review Petition?

Definition: A review petition is filed for re-examination of a judgment delivered by the Supreme Court.

Legal Basis: Article 137 of the Indian Constitution.

Grounds:Error apparent on the face of the record, discovery of new evidence, or any other sufficient reason.

Case Law:Sow Chandra Kante and Anr. Vs. Sheikh Habib clarified that a review petition can't be used to re-argue the same matter.

What is a Curative Petition?

Definition: A curative petition is the last constitutional resort available for the redressal of grievances in court.

Legal Basis: It was established by the Supreme Court of India in the case of Rupa Ashok Hurra vs. Ashok Hurra and Anr. in 2002.

Grounds: It is filed after a review plea is dismissed. It is meant to cure gross miscarriage of justice.

Case Law: Yakub Abdul Razak Memon vs. State of Maharashtra, where the accused filed a curative petition before his execution.

What are the differences between the two?

Stage of Filing: Review petitions are usually filed immediately after the final judgment, while curative petitions are filed after a review petition is dismissed.

Judges Involved: Review petitions are usually heard in-chambers by the same bench that delivered the judgment. So are the curative petitions.There are procedural rigidities for allowing the curative petitions.

Grounds: Review petitions can be filed for an apparent error, whereas curative petitions need to prove gross miscarriage of justice.Like the bias of the judges.

Key Points for Civil Services Exam

Understanding the difference between review and curative petitions is crucial for the legal framework topic in the Civil Services Exam.

Be aware of landmark cases that set precedents for these petitions as they may feature in questions.

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