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SUPREME COURT OF INDIA
Uday Umesh Lalit, CJI., Dr. Dhananjaya Y. Chandrachud, Sanjay Kishan Kaul, S. Abdul Nazeer, JJ.
Ex. Havildar Bhoop Singh – Appellant
Versus
Union of India & Ors. – Respondents
Curative Petition (Civil) No. 88 of 2021 in Review Petition (Civil) Diary No. 19482 of 2020 in Civil Appeal No. 3441 of 2019 (Arising out of Civil Appeal Nos. 3441-3442 of 2019)
Decided On : 30-08-2022
Curative Petition - Dismissal - The court found that the curative petition did not meet the parameters indicated in the decision of Rupa Ashok Hurra vs. Ashok Hurra & Another, (2002) 4 SCC 388.
Fact of the Case:
The court reviewed the curative petition and relevant documents.
Finding of the Court:
The court found that no case was made out within the parameters indicated in the decision of Rupa Ashok Hurra vs. Ashok Hurra & Another, (2002) 4 SCC 388, and dismissed the curative petition.
Issues:
Ratio Decidendi: The curative petition did not meet the parameters indicated in the decision of Rupa Ashok Hurra vs. Ashok Hurra & Another, (2002) 4 SCC 388.
Final Decision: The Curative Petition was dismissed.
ORDER
1. We have gone through the curative petition and the relevant documents.
2. 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.
3. The Curative Petition is, therefore, dismissed.
AI
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.
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.
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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