Curative Petition – Inherent Jurisdiction of the Supreme Court

From the matters derived from Rupa Ashok Hurra vs. Ashok Hurra and Anr of the year 2002, the Supreme Court of India had newly evolved the concept of Curative Petition. This is where a question is raised whether an aggrieved individual is actually entitled to any relief or some form of assistance, even against the final order or a judgment taken by the Supreme Court. This is processed after the dismissal for a petition’s review.

The whole process of the Curative Petition of the Indian Supreme Court states that a case which is held for judgment is in the idea of preventing abuse of its procedures and/or to cure the types of gross miscarriages that may happen in a justice. This may act as an aid in reconsidering every judgment from the court that can be taken for an action or exercise against any of its inherent powers.
Generally, for filing this petition, no time duration is required.  Typically, on filing an anticipatory bail, any opposing party will be notified about their application. A public prosecutor can complete this procedure and may contest whether the Anticipatory Bail from Supreme Court has been established or not.

Remember that getting a Bail from Supreme Court will charge you around Rs.25, 000 to Rs.30, 000 and this also depends upon the seriousness of the case and how the best professional lawyer can handle it.

The Gist Behind The Process Of Curative Petition

For the intention of reconsidering judgments, the curative petition was opened. In this form of documentation, a petitioner will be required of averring on some specific grounds cited within and will be placed in the review petition that was filed earlier but was also dismissed by the circulation.
This procedure will then be required to get certified by a senior advocate. This paperwork is then to be under circulation from:

• three senior-most judges
• respective adjudicators.  These are who may manage to deliver the impugned judgment if they are available.

The Context Of Transfer Petition In Supreme Court 

According to the Code of Civil Procedure, which is under the Section 25 for the Hon’ble Supreme Court, a case can be transferred or a proceeding appealed from a civil court or any High Court from one to another. The Supreme Court has the power to change the court’s appeal even to another state. This is the protocol of Transfer Petition in Supreme Court.
 
Jurisprudence That Is Present Behind The Curative Petition

The whole purpose is to reduce the gross miscarriages, abuse, or lapses in the procedures of justice. For redressing the grievances, the final step that is considered is this petition as their last option.
This is a very rare case to be heard during an open court, as usually curative petitions are done only at the chambers of the judge. The whole procedure for jurisprudence depends upon the existing nature of the present dispute. Moreover, it is also important to know the meaning of a Supreme Court’s Transfer Petition.