The SC established the concept of ‘Curative Petition’ in 2002 under its inherent powers under Article 129 & Article 142 the Constitution of India (“CoI”), through a series of judgments in the case Rupa Ashok Hurra v. Ashok Hurra. It is the ultimate legal resort available to litigants’ seeking relief. A curative petition is filed when a review petition is dismissed by circulation, i.e., without an open hearing in the SC. However, a curative petition is allowed only in very exceptional cases where a serious miscarriage of justice has occurred.
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