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SUPREME COURT OF INDIA
H.L. Dattu, CJI., T.S. Thakur, Anil R. Dave, JJ.
Yakub Abdul Razak Memon – Appellant
Vs.
State of Maharashtra Through STF, CBI, Mumbai – Respondent
Curative Petition (R) No. 30 of 2015 in Review Petition (Crl) No. 474 of 2013 in Criminal Appeal No. 1728 of 2007
Decided On : 21-07-2015
Curative Petition - Principles for Entertaining Curative Petition - The court concluded that a Curative Petition can be entertained if the petitioner establishes violation of the principles of natural justice or if there is apprehension of bias and the judgment adversely affects the petitioner.
Fact of the Case:
The petitioner raised grounds in the Curative Petition not falling within the principles laid down in the case of Rupa Ashok Hurra v. Ashok Hurra & Another.
Finding of the Court:
The Court dismissed the Curative Petition as none of the grounds stated fell within the parameters indicated in the case of Rupa Ashok Hurra.
Issues: Entertainment of Curative Petition based on grounds not falling within the principles laid down in Rupa Ashok Hurra case.
Ratio Decidendi: A Curative Petition can be entertained if the petitioner establishes violation of the principles of natural justice or if there is apprehension of bias and the judgment adversely affects the petitioner.
Final Decision: The Curative Petition stands dismissed.
ORDER :
1. The petitioner has raised certain grounds in the Curative Petition which would not fall within the principles laid down in the case of Rupa Ashok Hurra v. Ashok Hurra & Another, reported in 2002 (4) SCC 388. In the said decision the Court has concluded that Curative Petition can be entertained provided the petitioner establishes:
1. Violation of the principles of natural justice in that he was not a party to the lis but the judgment adversely affected his interest or, if he was a party to the lis, he was not served with notice of the proceedings and the matter proceeded as if he had notice, and;
2. where in the proceedings a learned judge failed to disclose his connection with the subject-matter or the parties giving scope for an apprehension of bias and the judgment adversely affects the petitioner.
2. Since none of the grounds stated in the Curative Petition would fall within the parameters indicated in the case of Rupa Ashok Hurra (Supra), the Curative Petition stands dismissed.
3. Ordered accordingly.
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