caveat petition


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Curative Petition

The landmark judgment  of Rupa Ashok Hurra v. Ashok Hurra (2002)4 SCC 388; AIR 2002 SC 1771 first came up with the concept of curative petition. Curative the word means to cure and therefore  cure gross miscarriage of justice  .It  is filed under the  inherent jurisdiction of the Court to prevent cure gross miscarriage of justice and  abuse of its process  which can be either  a civil petition or a criminal petition. Order XLVIII of the Supreme Court Rules .

 No time limit for filing  Curative Petition

No time limit has been prescribe for filing a curative petition but it is advisable to file it at the earliest.

 Grounds for Curative Petition

In the Historic case of  Rupa Ashok Hurra v. Ashok Hurra in 2002,  it was the Hon’ble  Supreme Court that came up with the concept  which can be filed as a last resort after dismissal of a  review petition and such a  petition can be filed only after obtaining a certification of a Senior Advocate stating that there has been a grave error that has resulted in a miscarriage of justice. It is heard by a  bench of three senior-most judges of the Supreme Court, and and the judges who have passed the judgment in review petition. For furthur information kindly click here.

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