In which case did the Supreme Court introduce the concept of curative petitions?

The correct answer is Rupa Ashok Hurra vs. Ashok Hurra and Ors..

Key Points

• The concept of curative petitions was introduced by the Supreme Court in the landmark case Rupa Ashok Hurra vs. Ashok Hurra and Ors.
• This legal mechanism was established in 2002 to provide a last resort for the correction of gross miscarriages of justice.
• Curative petitions can be filed after the dismissal of a review petition, allowing the judiciary to reconsider its final judgments under exceptional circumstances.
• The Supreme Court ruled that curative petitions must be rare and should only be entertained if there's a violation of principles of natural justice.
• A curative petition is scrutinized by the senior-most judges and must be accompanied by certification from a senior advocate attesting to its necessity.

Additional Information

• Curative Petition:
  • A curative petition is an extraordinary judicial remedy to correct gross miscarriage of justice.
  • It can be filed after a review petition is dismissed by the Supreme Court.
  • It must contain clear evidence that the principles of natural justice were violated.
• Review Petition:
  • A review petition allows a party to request the Supreme Court to re-examine its decision if there are factual or legal errors.
  • It must be filed within 30 days of the judgment or order.
  • The grounds for a review petition are limited and cannot be used to reargue the case.
• Principles of Natural Justice:
  • These principles ensure fairness in legal proceedings.
  • Key principles include the right to a fair hearing and the rule against bias.
  • Violations of these principles can be grounds for curative petitions.
• Supreme Court of India:
  • The apex judicial body in India, established in 1950.
  • It has the power to interpret the Constitution and adjudicate on fundamental rights.
  • It serves as the highest appellate court and has the authority to review its own judgments.