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SUPREME COURT OF INDIA
Uday Umesh Lalit, CJI., Dr. Dhananjaya Y. Chandrachud, Sanjay Kishan Kaul, JJ.
Marayammal & Ors. @apellant – Appellant
Versus
K. S. Venkidusamy & Anr. – Respondents
Curative Petition (Civil) No. 210 of 2021 in Review Petition (Civil) No. 1182 of 2018 in Civil Appeal No. 2793 of 2012
Decided On : 30-08-2022
Curative Petition - Rejection of Application for Oral Hearing - Dismissal of Petition
Fact of the Case:
The court rejected the application seeking oral hearing and dismissed the curative petition after reviewing the relevant documents.
Finding of the Court:
The court found that no case was made out within the parameters indicated in the decision of the court in Rupa Ashok Hurra vs. Ashok Hurra & Another, (2002) 4 SCC 388.
Issues: Application for oral hearing, Curative petition
Ratio Decidendi: The court applied the parameters indicated in the decision of Rupa Ashok Hurra vs. Ashok Hurra & Another, (2002) 4 SCC 388 to determine the merit of the curative petition.
Final Decision: The curative petition was dismissed.
ORDER
1. Application seeking oral hearing is rejected.
2. We have gone through the curative petition and the relevant documents.
3. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra vs. Ashok Hurra & Another, (2002) 4 SCC 388.
4. The Curative Petition is, therefore, dismissed.
AI
The court applied the parameters from a previous decision to determine the merit of the curative petition.
The court applied the parameters from a previous decision to determine the merit of the curative petition.
The court's decision was influenced by the parameters established in the decision of Rupa Ashok Hurra vs. Ashok Hurra & Another, (2002) 4 SCC 388.
The parameters indicated in the decision of Rupa Ashok Hurra vs. Ashok Hurra & Another, (2002) 4 SCC 388, were crucial in determining the dismissal of the curative petition.
Curative petition – One of pre-conditions for filing a curative petition is that petitioner must specifically aver that grounds mentioned in such petition had been taken in review petition and that i....
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