Recently, Vodafone has decided to file the curative petition in supreme court with respect to the Adjusted gross revenue case.
About Curative petition:
Curative is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002.
A party can take only two limited grounds in a curative petition —
One, he was not heard by the court before the adverse judgment was passed
Two, the judge was biased.
A curative plea, which follows the dismissal of review petition, is the last legal resort.
About Review Petition:
According to constitution, a judgment of the Supreme Court (SC) becomes the law of the land.
Under Article-137, SC can review its own decision, which is known as review petition.
Under review petition, Court is not allowed to take fresh stock of the case but to correct grave errors that have resulted in the miscarriage of justice.
Any person aggrieved by a ruling can seek a review and file a review petition. However, court has its discretion to allow a review petition.
Conditions for Review petition:
To correct a “patent error” and not “minor mistakes of inconsequential import”.
A review can be accepted “only where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility”.
Mistake or error apparent on the face of the record.
Any other sufficient reason. It means a reason that is analogous to the other two grounds.
A review is not an appeal whereby an erroneous decision is reheard and corrected but lies only for patent error.
Possibility of two views on the subject cannot be a ground for review.