Curative petition means that requests the court to examine its own decision after a review petition has been dismissed. It is the final resort to judicial remedy for any matter that is not ordinarily heard in open court. Curative Petition was inspired by the case of Rupa Ashok Hurra vs. Ashok Hurra and Anr. in 2002. It is also backed by Article 137 of the Indian Constitution. A curative petition is a second chance review, but it is not a right.
There is a Latin Maxim used by the court “Actus Curiae Neminem Gravabit ” which means that the court is under an obligation to undo a wrong done to a party by the act of the court itself.
CONDITIONS-
A curative petition will be granted by the court only if certain prerequisites are met:
1. It must be rare rather than regular.
2. The petitioner must demonstrate that the principles of natural justice were breached, as well as his fear of the judge's prejudice and unfavourable judgement.
3. The petition must expressly say that the aforesaid grounds were raised in the review petition and that it was dismissed by circulation.
4. A curative petition must initially be disseminated to a Bench of three senior-most judges, as well as the judges who rendered the relevant ruling, if accessible.
5. At any point during the curative petition's consideration, the Bench may request the assistance of a senior attorney as amicus curiae (Friend of the court).
• Should a request for an open-court hearing be made, then such a hearing is allowed, but a curative petition is usually decided by judges in the chamber.
• If the petition lacks any grounds for reasonable consideration then the court could impose “exemplary costs” on the petitioner.
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Host: Cherry Mishra
Edited by: Ikjot Singh/ Harish
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