Why curative petition is filed?

A curative petition shall be filed after the dismissal of the review plea against the final conviction. It is meant to secure that there is no gross miscarriage of justice, and to prevent the abuse of process.

When can a curative petition be filed?

The court had ruled that a curative petition can be allowed if the petitioner establishes there was a violation of the principles of natural justice, and there were some facts which were brought to the notice of the court but were ignored by the court before passing an order.

What comes after curative petition?

Various legal remedies available in order of filing: review petition → curative petition → mercy petition. As per law, if a convict is awarded death sentence, he has three options – review petition and curative petition before the Supreme Court and finally mercy petition before the President.

What is the difference between review petition and curative petition?

The Supreme Court maintains both the petitions for the convenience of the petitioner. Through Review Petition, one can seek justice by requesting judicial re-examination of the case, whereas the Curative Petition enables the petitioner to seek justice when his Review Petition is dismissed.

What was Rupa Ashok Hurra case?

A case specifically known for matrimonial discord when the question of the validity of a decree of divorce reached the Honourable Supreme Court of India (hereinafter, ‘the Apex Court) and the woman withdrew her consent that she agreed while giving in to divorce through mutual consent.

Can curative petition be filed in civil cases?

Furthermore, if a review petition is dismissed by the Supreme Court, it may consider a curative petition filed by the petitioner so as to prevent abuse of process. In accordance with Order XVII, Rule1(1) of Code of Civil Procedure, 1908, a civil review petition can be moved.

What is mercy petition?

A convict under the sentence of death is allowed to file a mercy petition within a period of seven days after the date on which the Superintendent of Jail informs him about the dismissal of the appeal or special leave to appeal by the Supreme Court. The petitions are to be presented to the President of India.

What is curative petition Upsc?

A curative petition is a petition which requests the court to review its own decision even after a review petition is dismissed. This article will give further details about the Curative Petition, which will be of immense use in the Polity segment of the IAS Exam.

What is a curative petition in India?

A curative petition is a concept that evolved by the Supreme Court of India in the matter of Rupa Ashok Hurra vs. (2002) in which the question was whether an aggrieved person is entitled to any relief against the final judgement or order of the Supreme Court after the dismissal of a review petition.

What is the Article 161?

Article 161 mentions the Pardoning Power of the Governor. When a convict has committed an offence against state law, the concerned punishment can be granted the pardon, reprieve, respite and remission by the Governor of the state.

Which court can entertain a curative petition?

To entertain a curative petition, the Supreme Court has laid down specific conditions: The petitioner must establish that there was a genuine violation of principles of natural justice and fear of the bias of the judge and judgement that adversely affected him.

How to file a petition for judicial review?

Call the administrative agency and ask for a final order.

Get a petition for judicial review form. Many county courts maintain standard form pleadings (documents used in court) for use by people bringing cases without an attorney.

Draft your own petition for judicial review of the adverse decision.

How to file a petition for review?

Note “PETITION FOR REVIEW” on the first page.

Contain the following information:

If filed by mail,the petition is considered filed when it is deposited in the United States Postal Service,properly stamped and addressed.

If you mail your petition on the date of your deadline,complete the Certificate of Mailing as proof of the mailing date.

What does petition to vacate court supervision?

When a Petition to Vacate Court Supervision, Petition to Vacate Conditional Discharge, Petition to Vacate Probation or a Petition for a Rule to Show Cause has been filed that alleges as the only allegation a failure to pay financial obligations, and upon full payment of all financial obligationsalleged in the petition, at the discretion and concurrence of the State’s Attorney’s Office, the petition may be dismissed by the Circuit Clerk’s Office without further court appearance or order by