DR. RAM MANOHAR LOHIYA
NATIONAL LAW UNIVERSITY 2014-15
FOUNDATION OF LAW
CURATIVE PETITION AND FINALITY OF DISPUTE
Under Guidance of: Submitted by Mr. Manwendra Kumar Tiwari Trivendra Kumar Singh Assistant Professor (Law) 1st SEMESTER Dr. RML National Law University ROLL NO.152
I express my gratitude and deep regards to my teacher for the subject Mr. Manwendra Kumar Tiwari for giving me such a challenging topic and also for her exemplary guidance, monitoring and constant encouragement throughout the course of this thesis.
I also take this…show more content…
The makers of the Constitution decided to provide the decision of Supreme Court as final, conclusive and binding, final and conclusive inter-parties and binding on all. But the makers have also conferred a power of review of the Judgment of the Court and the perusal of the provisions of Articles 137 and 145 makes it abundantly clear. In the event, however, a party stands aggrieved by reason of a rejection of review, the question posed as to whether a litigant thereof to suffer the onslaught for all times to come and in perpetuity when on the face of the order it appears to be wholly without jurisdiction or in violation of natural justice.
The decision of the Supreme Court of India in Rupa Ashok Hurra v.Ashok Hurra and Another was in more ways than one, a path breaking decision. For one, it got rid of the practice of litigants assailing the Supreme Court’s final decisions via Article 32. In the same vein, however, it added a new dimension to its exercise of inherent power. This aspect is brought out by modalities of curative petition that Rupa Ashok Hurra so propounded.
The propounding of modalities of curative petition went beyond the modest exercise of inherent power of the Court of admitting meritorious petitions under any appropriate procedure but created a new procedure by which such petitions can come before the Supreme Court. The Rupa Ashok Hurra decision was an endeavour by the Supreme Court to bring order to