PGLAW 2018 Panjab University Entrance Exam With Answers

The concept of curative petition was evolved by the Supreme Court in the matter of A: Rupa Ashok Hurra Vs Ashok Hurra And Anr.

The case of Rupa Ashok Hurra vs Ashok Hurra and Anr. (2002) was a landmark judgment by the Supreme Court of India, which introduced the concept of curative petition. The concept of curative petition was developed to remedy an injustice caused by a final judgment of the Supreme Court, which had become binding and could not be reviewed or reconsidered by any court or authority.

The Supreme Court held that a curative petition can be filed by a petitioner after the dismissal of a review petition, on the grounds of violation of principles of natural justice, where the petitioner was not given an opportunity to present his case, or where the judgment was passed without taking into account relevant material. A curative petition can only be filed in rare cases, and the petitioner must satisfy certain criteria to be allowed to file it.

The concept of curative petition was developed to ensure that the fundamental principles of justice are not compromised, and that an innocent person is not punished due to a wrongful judgment.