UPSC Exam > UPSC Questions > Consider the following statements regarding C...
Start Learning for Free
Consider the following statements regarding Curative Petition:
- Curative petition can be filed after a review plea against the final conviction is dismissed.
- A curative petition mandatorily requires an open-court hearing.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
| FREE This question is part of | Download PDF Attempt this Test |
Most Upvoted Answer
Consider the following statements regarding Curative Petition: Curativ...
Curative Petition
Statement 1: Curative petition can be filed after a review plea against the final conviction is dismissed.
- A curative petition is the last resort available for a person whose review petition has been dismissed by the Supreme Court.
- It can be filed only after the review plea against the final conviction is dismissed.
- The curative petition is not an appeal, but a remedy available for the correction of errors that have crept in the judgment of the Supreme Court.
Therefore, statement 1 is correct.
Statement 2: A curative petition mandatorily requires an open-court hearing.
- The Supreme Court has held that the curative petition should be decided by judges in chamber unless a judge who passed the judgment in the case is available.
- If a judge who passed the judgment is not available, then the curative petition may be heard by the judges who are next in seniority and one other senior judge.
- An open-court hearing is not mandatory for a curative petition.
Therefore, statement 2 is incorrect.
Conclusion:
- Statement 1 is correct as a curative petition can be filed only after the review plea against the final conviction is dismissed.
- Statement 2 is incorrect as an open-court hearing is not mandatory for a curative petition.
Statement 1: Curative petition can be filed after a review plea against the final conviction is dismissed.
- A curative petition is the last resort available for a person whose review petition has been dismissed by the Supreme Court.
- It can be filed only after the review plea against the final conviction is dismissed.
- The curative petition is not an appeal, but a remedy available for the correction of errors that have crept in the judgment of the Supreme Court.
Therefore, statement 1 is correct.
Statement 2: A curative petition mandatorily requires an open-court hearing.
- The Supreme Court has held that the curative petition should be decided by judges in chamber unless a judge who passed the judgment in the case is available.
- If a judge who passed the judgment is not available, then the curative petition may be heard by the judges who are next in seniority and one other senior judge.
- An open-court hearing is not mandatory for a curative petition.
Therefore, statement 2 is incorrect.
Conclusion:
- Statement 1 is correct as a curative petition can be filed only after the review plea against the final conviction is dismissed.
- Statement 2 is incorrect as an open-court hearing is not mandatory for a curative petition.
Free Test
FREE
| Start Free Test |
Community Answer
Consider the following statements regarding Curative Petition: Curativ...
Recently, SC told the Centre on Wednesday it cannot decide its curative plea seeking an additional Rs 7,844 crore from the successor firms of Union Carbide Corporation (UCC) for giving compensation to the victims of the 1984 Bhopal gas tragedy as a lawsuit.
- The concept of curative petition originated from the case of Rupa Ashok Hurra Vs. Ashok Hurra and another case (2002) where the following question arose before the court of law- 'whether an aggrieved person is entitled to any relief against the final judgment/order of the Supreme Court, after the dismissal of a review petition?'
What is a Curative Petition?
- A curative petition, is the final and last option for the people to acquire justice as mentioned and promised by the Constitution of India.
- A curative petition may be filed after a review plea against the final conviction is dismissed.
- Objective: It is meant to ensure there is no miscarriage of justice, and to prevent abuse of process.
- Criteria for admission:
- The court ruled that a curative petition can be entertained if the petitioner establishes there was a violation of the principles of natural justice, and that he was not heard by the court before passing an order.
- It will also be admitted where a judge failed to disclose facts that raise the apprehension of bias.
- The SC has held that curative petitions must be rare rather than regular, and be entertained with circumspection.
- A curative petition must be accompanied by certification by a senior advocate, pointing out substantial grounds for entertaining it.
- Who hears Curative petitions?
- A curative petition must be first circulated to a bench of the three senior-most judges, and the judges who passed the concerned judgment, if available.
- Only when a majority of the judges conclude that the matter needs hearing should it be listed — as far as possible, before the same Bench.
- A curative petition is usually decided by judges in chamber, unless a specific request for an open-court hearing is allowed.
- It shall be open to the Bench at any stage of consideration of the curative petition to ask a senior counsel to assist it as amicus curiae.
- In the event of the Bench holding at any stage that the petition is without any merit and vexatious, it may impose exemplary costs on the petitioner
Hence only statement 1 is correct.
Attention UPSC Students!
To make sure you are not studying endlessly, EduRev has designed UPSC study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in UPSC.
|
Explore Courses for UPSC exam
|
|
Similar UPSC Doubts
Top Courses for UPSCView all
Consider the following statements regarding Curative Petition: Curative petition can be filed after a review plea against the final conviction is dismissed. A curative petition mandatorily requires an open-court hearing.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
Question Description
Consider the following statements regarding Curative Petition: Curative petition can be filed after a review plea against the final conviction is dismissed. A curative petition mandatorily requires an open-court hearing.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements regarding Curative Petition: Curative petition can be filed after a review plea against the final conviction is dismissed. A curative petition mandatorily requires an open-court hearing.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements regarding Curative Petition: Curative petition can be filed after a review plea against the final conviction is dismissed. A curative petition mandatorily requires an open-court hearing.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?.
Consider the following statements regarding Curative Petition: Curative petition can be filed after a review plea against the final conviction is dismissed. A curative petition mandatorily requires an open-court hearing.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements regarding Curative Petition: Curative petition can be filed after a review plea against the final conviction is dismissed. A curative petition mandatorily requires an open-court hearing.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements regarding Curative Petition: Curative petition can be filed after a review plea against the final conviction is dismissed. A curative petition mandatorily requires an open-court hearing.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?.
Solutions for Consider the following statements regarding Curative Petition: Curative petition can be filed after a review plea against the final conviction is dismissed. A curative petition mandatorily requires an open-court hearing.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for UPSC.
Download more important topics, notes, lectures and mock test series for UPSC Exam by signing up for free.
Here you can find the meaning of Consider the following statements regarding Curative Petition: Curative petition can be filed after a review plea against the final conviction is dismissed. A curative petition mandatorily requires an open-court hearing.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
Consider the following statements regarding Curative Petition: Curative petition can be filed after a review plea against the final conviction is dismissed. A curative petition mandatorily requires an open-court hearing.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?, a detailed solution for Consider the following statements regarding Curative Petition: Curative petition can be filed after a review plea against the final conviction is dismissed. A curative petition mandatorily requires an open-court hearing.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of Consider the following statements regarding Curative Petition: Curative petition can be filed after a review plea against the final conviction is dismissed. A curative petition mandatorily requires an open-court hearing.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice Consider the following statements regarding Curative Petition: Curative petition can be filed after a review plea against the final conviction is dismissed. A curative petition mandatorily requires an open-court hearing.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice UPSC tests.
|
|
Explore Courses for UPSC exam
|
|
Suggested Free Tests
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
|
© EduRev
|
Education Revolution
|
Follow Us
|
Signup to see your scores
go up within 7 days!
Access 1000+ FREE Docs, Videos and Tests
Takes less than 10 seconds to signup