What is a Review Petition?

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What is a Review Petition? Blog Image

Overview:

Recently, the Supreme Court rejected a review petition filed by Bilkis Bano.

About Review Petition:

  • Article 137 of the Constitution gives the Supreme Court the power to review any of its judgments or orders.
  • The court has the power to review its rulings to correct a “patent error” and not “minor mistakes of inconsequential import”.
  • Grounds for review petition:
    • In a 2013 ruling, the Supreme Court itself laid down three grounds for seeking a review of a verdict it has delivered —
      • the discovery of new and important matter or evidence which was not within the knowledge of the petitioner or could not be produced by him;
      • mistake or error apparent on the face of the record; or
      • any other sufficient reason which means a reason that is analogous to the other two grounds.
    • Who can file a review petition?
      • It is not necessary that only parties to a case can seek a review of the judgment on it.
      • Any person aggrieved by a ruling can seek a review.
    • Time frame:
      • As per 1996 rules framed by the Supreme Court, a review petition must be filed within 30 days of the date of judgment or order.
      • While a judgment is the final decision in a case, an order is an interim ruling that is subject to its final verdict. 

 


Q1) What is a curative petition?

A curative petition is a petition which requests the court to review its own decision even after a review petition is dismissed to ensure there is no miscarriage of justice, and to prevent abuse of process.

Source: Indian Express