Current affairs topic in context of Nirbhaya case#Kaushiksirpolity , #UPSC , #Nirbhayacase was established by the Supreme Court of India. In News. Green Credit scheme. Going by the procedure regarding pointing out substantial grounds, AP Singh, the lawyer of convict Vinay Sharma, has placed. powers of the Supreme Court to review of its own judgements and orders. The philosophy underlying the Indian Constitution was embodied quite early in the Objective Resolution which was moved in the first . Important Central Vigilance Commission (CVC) terms are important from the polity and governance perspectives in the UPSC exam. Government of NCT of Delhi v Union of India. Consider the following statements regarding Operation Twist. Patil Amruta. Hence, it is a judicial invention. We are of the view that since the matter relates to re- examination of a final judgment of this Court, though on limited ground, the curative petition has to be first circulated to a Bench of the three senior-most . 10000 Most Probable Prelims Questions and Answers now available as PDF Compilation. The curative petition is the last judicial resort available for redressal of grievances in Supreme Court which is normally decided by judges in-chamber. The UPSC Indian Polity and Governance Syllabus include Election Petition which is described in this article. A convict who has been awarded death punishment can file for a mercy petition within a period of seven days after the date on which the jail superintendent has informed him about the rejection of his appeal or special leave petition from the Supreme Court. No time limit is given for filing Curative petition. Abstract. 2. Mercy Petition - under Article 72 or 161, not treated on legality rather mercy. The Court refused to grant him three weeks' time to file a mercy petition before the President of India. In such a situation, the curative petition is the last chance available to that criminal, through which he can plead for leniency in the punishment ensured for him. A curative petition is a petition which requests the court to review its own decision even after a review petition is dismissed. The concept of Curative Petition borrowed from Britain. GATE CAT CA NTA UGC NET Bank Exams. . / , . The curative petition "shall" contain a certification by . The curative petition shall contain a certification by a Senior Advocate with regard to the fulfillment of the above requirements. Context: The Civil Law course is delivered in Hindi. This has to be certified by a senior advocate. The UPSC Indian Polity and Governance Syllabus include Curative Petition . UPSC IAS Study Material. Curative petitions filed by two convicts in the high-profile Nirbhaya gangrape and murder case will come up for hearing on Jan 14 in the Supreme Court. UPSC Prelims 2021 MCQs mainly covered from major newspapers / PIB / Yojana and analysis of previous year question papers. The procedure for challenging the result of a Parliamentary election is known as an election petition. According to Civil Procedure Code and Supreme Court Rules, any person aggrieved by a ruling can seek a review. Placing it in syllabus: Death penalty in India The concept of the curative petition is supported by Article 137 of the Indian Constitution. Such a petition needs to be filed within 30 days from the date of judgement or order.

. Such petitions serve as the final and last option for the parties to get justice as promised and guaranteed to each one of us through The Constitution of India. Part of: GS Prelims- Judiciary and GS Mains -II- Indian Polity. . Important Point: . On which of the following grounds, the Supreme Court of India may entertain the Curative Petition while exercising its wide powers? Anyhow, the Supreme Court's verdict cannot result in a miscarriage of justice. . A curative petition, which follows the dismissal of a review petition, is the last legal avenue open for convicts in the Supreme Court. For this purpose the Court has devised what has been termed as a "curative" petition. A curative petition is filed when the review petition of an accused in the Supreme Court is dismissed. Consider the following statements: The Supreme Court has the ability to review any judgment declared by it. UPSC Syllabus. Check History, Conditions Laid Down for Curative Petition. Mar 15, 2022. We are a digital media company focused on disruption from the vantage point of the disrupted. Once a decision is given by the Supreme Court of India, the same may be considered . Curative petition: The Supreme Court may allow a curative petition to reconsider its judgment or order if it is established that there was a violation of principles of natural justice or suspicion of bias in the role of a judge. Q1. What is the procedure involved in filing such a petition? A curative petition is the final and last option available to the people for seeking justice in the framework of the judiciary. Video-based Customer Identification Process (V-CIP): MILAN 2020. Curative Petition. The Forest Advisory Committee has approved a scheme that could allow "forests" to be traded as a commodity. The concept of the curative petition is supported by Article 145 of the . It ensures justice as enshrined and promised by the Constitution of India after the review plea is dismissed or exhausted. Any such petition needs to be filed within 30 days from the day of the passing of the judgment. The . A curative petition is usually decided by judges in the chamber unless a specific request for an open-court hearing is allowed. A review petition can field within 30 days of the Supreme Court . The Constitution is the supreme law of the nation. Article 137 provided validation to review and curative petition. UPSC Success aims to create a single point of reference for all needs related to . A curative petition may be filed after a review plea against the final conviction is dismissed. UPSC Prelims 2021 MCQs mainly covered from major newspapers / PIB / Yojana and analysis of previous year question papers. Curative petition Explained in Hindi.

ForumIAS is the repository of many toppers' Online study materials for GS Mains and Optional subjects. World Hindi Day. A curative petition is the last legal recourse available to the convicts.

However, if it is proved that the petitioner's plea lacks merit, then he shall be charged with heavy costs. 10% economic reservation in government jobs and [] The Court has issued warrants for a death sentence to all four convicts and they will be hanged on Jan 22 for the crime. It is a way to beg the court to investigate and rectify their own ruling after the dismissal of a review petition. Curative petition. A curative petition must be accompanied by a recommendation of a "senior" advocate stating that the case requires re-examination as there was violation of the principles of natural justice in the earlier decisions. Boost your Preparation with India Exam Portal & Attempt your first test absolutely free, enroll now. For this purpose, the court has devised what has been termed as a "curative" petition. Curative Petition: Nirbhaya Case convicts file Curative pleas in Supreme Court. A curative petition, which follows the dismissal of a review petition, is the last legal avenue open for convicts in the Supreme Court. Curative Petition: Nirbhaya Case convicts file Curative pleas in Supreme Court. (20 MARKS) (d) The doctrine of . Under Article 136, the Supreme Court is empowered to provide aggrieved citizens the opportunity to appeal (Special leave petition). . Nirbhaya case: Final curative petitions up for hearing on Jan 14. The supreme court is empowered to review the decision of the President on mercy petition under Article 136. The word "curative petition" means the petition filed by the petitioner to cure the erroneous decision passed by the supreme court even after the review petition filed under article 137 has been rejected by the court. A curative petition may be filed after a review plea against the final conviction is dismissed. The curative petition is normally decided by judges' in-chamber, in rare and exceptional cases, it can be given an open-court hearing. What is a Curative Petition?

Special Leave Petition vs Review Petition vs Curative Petition vs Mercy Petition: What are the differences? Hence, curative petition has constitutional recognition . . 27. A curative petition, which follows the dismissal of a review petition, is the last legal avenue open for convicts in the Supreme Court. If the petition is admitted, the Hurra case says, "the same bench" must hear the matter on merits. The origin of curative petitions The concept originated from the 2002 case of Rupa Ashok Hurra Vs. Source: The Hindu. It was put forth by the apex court to avoid the failure of justice and to avoid misuse of process. UPSC Mains (Civil Services) 2020 communicating to be in 2020. Get Free Mock Tests, Sample Papers and Study Materials. It can be entertained if the petitioner establishes that there was a violation of the principles of natural justice, and that he was not heard by the court before passing an order. 10000 Most Probable Prelims Questions and Answers now available as PDF Compilation. The curative petitioners have to make those arguments in these petitions which can demonstrate either points 1 or 2 above (or other grounds which can point to miscarriage of justice) at the first stage to get the petition admitted. Curative Petition; The definition of Curative petition in the matter of Rupa Ashok Hurra vs. Ashok Hurra and Anr. What is a curative petition? Aspirants can now view or download General In simple words, when a review petition filed under Article 137 of the constitution is rejected, it still can be pleaded that the petition be heard as curative 'petition'. SC dismissed a petition filed by one of the four Nirbhaya rape and murder case convicts to review its May 5, 2017 judgment confirming his death penalty. A curative petition may be filed after a review plea against the final conviction is dismissed. In news: Central government had pushed for faster review of mercy petitions in Nirbhaya case. (2002) where the question was whether an aggrieved person is entitled to any relief against the final judgement/order of the Supreme Court, after . Review Petition, Curative Petition and Presidential Pardon are the resources available to those seeking relief from an Order of the Supreme Court. Option a is incorrect. The concept was first evolved by the Supreme Court of India in Rupa Ashok Hurra vs. Ashok Hurra and another case (2002) on the question whether an aggrieved person is entitled to any relief against the final judgement/order of the Supreme Court, even after the dismissal of a review petition. Vodafone Idea (Vi) will file a curative petition if the Supreme Court rejects its review plea seeking correction of what it calls errors in the telecom department's calculation of statutory payment arrears, managing director Ravinder Takkar said on Monday.

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