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SUPREME COURT OF INDIA
Uday Umesh Lalit, CJI., Dr. Dhananjaya Y. Chandrachud, Sanjay Kishan Kaul, A.S. Bopanna, JJ.
Arjun Prakash – Appellant
Versus
Shyam Sahani & Ors. – Respondents
Curative Petition (Civil) No. 66 of 2021 in Review Petition (Civil) No. 1837 of 2020 in Civil Appeal No. 2210 of 2020
Decided On : 30-08-2022
Curative Petition - Rejection of Application for Oral Hearing - Dismissal of Curative 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: The issues involved the rejection of the application for oral hearing and the dismissal of the 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 outcome of the curative petition.
Final Decision: The curative petition was dismissed by the court.
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 The Curative Petition is, therefore, dismissed.
AI
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 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 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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