DIFFERENCE BETWEEN REVIEW PETITION AND CURATIVE PETITION
DIFFERENCE BETWEEN REVIEW PETITION AND CURATIVE PETITION
Author : Gouri Kailash
This article focuses on what is review petition, what is curative petition, what are the differences between petitions and how are they important.
What is Review Petition?
Review petition is the re-examination of the judgment or order passed. It is done to rectify any gross error that has occurred while laying down the judgment.
The general rule is that once a judgment has been laid down it cannot be altered however under Section 114 of the Code of Civil Procedure there is a remedy granted when there is an error in the judgment but only under special conditions. Order 47 deals with the limitations and conditions under this section.
It is basically to prevent any gross injustice to the party an error in the judgment.
According to Article 145(1) (e) of the Constitution “any judgment pronounced or order made by the court may be received and rules as to the conditions the procedure for such review including the time within which the applications to the court for such review are to be entered.”
According to Article 137 of Constitution “it provides that subject to any provisions of any law and rules made under Article 145, the Supreme Court has power to review any judgment or order pronounced by it.”
A review petition is to correct or rectify any gross error when the judgment was given and not to rectify any minor errors.
According to the Supreme Court Rules,1966 the petition has to be filed within 30 days from the date of judgment or order and it has to be circulated not by oral arguments to the same bench who had delivered the judgment.
The Supreme Court can review its own decisions also the decisions of the High Courts.
The review petition can be filed by properly following all the procedures laid down. Order 47 lays down the procedures and limitations.
Application for review petition when given:
- When a person considers himself to be aggrieved.
- Where no appeal has been preferred.
- Where there is no provision for appeal.
- By a decision on reference from a Court of Small causes
- When there is a new discovery which was not within the knowledge and even after due diligence could not be found.
The application can be rejected when the court is of the opinion that the grounds are not sufficient for review.
It means the courts have to follow old cases while making judgments for cases that are similar. That is cases which have similar facts and circumstances are to be decided the same way. While making any new decisions the courts have to follow the legal precedents for cases that are similar.
The review petition is an exception to the principle of doctrine of stare decisis.
There are certain grounds for filing of a review petition and the court does not accept every petition filed.
- In case of discovery of any new or important matter which was not within the knowledge of the person and even after due diligence could not be found.
- Error apparent on face of record.
- Any other sufficient reason.
A review petition is not heard by oral arguments of lawyers but by circulation. It is also heard by the same judges who had given the original judgment.
Prominent case laws under Review petition:
- The 2G Spectrum case:
On March 2nd 2012 the Government of India filed a review petition in the Supreme Court to seek partial review on the order of Supreme Court to quash 122 licenses.
The Supreme Court accepted the review on limited grounds and rejected all other 10 petitions however the Government of India withdrew the review petition and it was accepted by the Supreme Court.
- Vodafone- Hutchison Tax Case:
The Government of India filed a review petition in the Supreme Court seeking to review a verdict passed by the Supreme Court that the Indian Income Tax Department does not have the jurisdiction to impose Rs 11000 crore as tax in an overseas deal between Vodafone and Hutchison. The Supreme Court dismissed the review petition on the grounds that it did not have any merit.
What is Curative Petition?
Curative petition is the last resort available for people to acquire justice. This concept originated from the case:
Rupa Ashok Hurrah vs. Ashok Hurrah and anr. (Rupa Ashok Hurra vs Ashok Hurra and Anr., 2002 )
In this case the question arose “whether there is any last resort that is available to the aggrieved person after the review petition has been dismissed”
The reason for creating such a petition was to protect the aggrieved person and also to correct any error in the judgment.
The curative petition is filed basically to review the decisions of the Court after the review petition has been dismissed. Such petitions cannot be regular, they have to be rare and therefore the courts put forward certain guidelines that such a petition can be filed only if there is a gross violation of the principle of natural justice.
Other than this a senior lawyer shall also point out the ground for which the curative petition should be entertained. This shall be heard by 3 judge bench along with the same judges who had passed the judgment. If the majority of the judges are of the opinion that there was gross violation of the principles of natural justice then the curative petition shall be heard.
There is no certain period within which the curative petition has to be filed unlike the review petition which has to be filed within 30 days. However the curative petition has to be filed within a reasonable period.
Pawan Gupta one of the convicts in the Nirbhaya gang rape and murder case had filed a curative petition claiming that he was a juvenile at the time the crime was convicted and the lower courts had ignored this fact. He also argued that his death sentence should be reduced t life imprisonment as he was a minor at the time of commission of crime.
The Supreme Court dismissed the curative petition filed by Pawan Gupta. He had also earlier filed a review petition on the same matter which was also dismissed by the Supreme Court.
Difference between Review petition and Curative Petition
|Review Petition||Curative Petition|
|The review petition has to be filed within 30 days from the date of judgment.||No such time limit has been specified however it has to be filed within a reasonable time.|
|It is filed based on the rules under Article 145.||It is filed based on the grounds specified in the Rupa Ashok Hurra case.|
|There is a prerequisite requirement before filing of a review petition.||There is a prerequisite requirement before filing of the curative petition.|
|Decisions of both High court and Supreme Court can be reviewed||Decisions of Supreme Court can be reviewed|
|Petition is filed before the same court and is reviewed by the same judges who gave the judgment.||Petition is filed before the same court but not before the same judged who reviewed the judgement.|
Section 114 of the Code of Civil Procedure gives the Court the right to review its judgments.
The review petition and curative petition has been introduced in order to rectify any gross error in the judgments given by the Court.
It is to protect the interests of the aggrieved party and also to provide them relief in case of any gross errors.
These petitions can be filed only on the basis of certain grounds specified by the Courts.
Therefore it is important to make use of these petitions and not misuse them.