Curative Petition
Context:
Recently, Vodafone has decided to file the curative petition in supreme court with respect to the Adjusted gross revenue case.
About Curative petition:
- Curative is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002.
- A party can take only two limited grounds in a curative petition —
- One, he was not heard by the court before the adverse judgment was passed
- Two, the judge was biased.
- A curative plea, which follows the dismissal of review petition, is the last legal resort.
About Review Petition:
- According to constitution, a judgment of the Supreme Court (SC) becomes the law of the land.
- Under Article-137, SC can review its own decision, which is known as review petition.
- Under review petition, Court is not allowed to take fresh stock of the case but to correct grave errors that have resulted in the miscarriage of justice.
- Any person aggrieved by a ruling can seek a review and file a review petition. However, court has its discretion to allow a review petition.
Conditions for Review petition:
- To correct a “patent error” and not “minor mistakes of inconsequential import”.
- A review can be accepted “only where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility”.
- Mistake or error apparent on the face of the record.
- Any other sufficient reason. It means a reason that is analogous to the other two grounds.
- A review is not an appeal whereby an erroneous decision is reheard and corrected but lies only for patent error.
- Possibility of two views on the subject cannot be a ground for review.