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Supreme Court has applied the standard of a ‘grave miscarriage of justice’ in the exceptional circumstances of this case where the process of arbitration has been perverted by the arbitral tribunal to provide an undeserved windfall to DAMEPL.
Supreme Court highlighted that the provision for filing curative petitions was incorporated in Order XLVIII of the 2013 Rules.
A curative petition is a petition which requests the court to review its own decision even after a review petition is dismissed. It is considered as the last and final option available for redressal of grievances.
Having regard to larger ramifications of NN Global case, the Supreme Court viewed that proceedings should be placed before a seven-judge bench to reconsider the correctness of the view by a five-judge bench.
The Supreme Court was of the view that the Union of India’s claim for a ‘top up’ had no foundation in any known legal principle. Either a settlement was valid, or it was to be set aside in cases where it was vitiated by fraud. However, no such fraud had been pleaded by the Center.
Supreme Court: In a landmark ruling, the Division Bench of Dinesh Maheshwari* and Aniruddha Bose, JJ., reversed Delhi High Court’s judgment holding
Supreme Court: The 3-judge bench of R Banumathi, Ashok Bhushan and AS Bopanna, JJ rejected the plea filed by Akshay Kumar Singh,
Supreme Court: The Court has dismissed the curative petition of Pawan Gupta, one of the convicts in the 2012 Nirbhaya gang-rape and
Supreme Court: The 3-judge bench of R Banumathi, Ashok Bhushan and Navin Sinha, JJ has said that it will hear on March
Supreme Court: A 3-judge bench of R. Banumathi, Ashok Bhushan and AS Bopanna, JJ has dismissed the plea seeking review of the
Supreme Court: A 5-judge bench of NV Ramana, Arun Mishra, RF Nariman, R. Banumathi and Ashok Bhushan, JJ has rejected the curative
Supreme Court: Dismissing the petition filed Nirbhaya gang-rape and murder convict Mukesh Kumar Singh, challenging the rejection of his mercy petition by
Supreme Court: After a day long hearing in he petition filed Nirbhaya gang-rape and murder convict Mukesh Kumar Singh, challenging the rejection
Supreme Court : A bench headed by CJI SA Bobde has said that it will hear the writ petition filed by one
Supreme Court: The 3-judge bench of R. Banumathi, Ashok Bhushan and AS Bopanna, JJ has dismissed the Special Leave Petition filed by
Supreme Court: In a last ditch effort to escape the noose, Vinay Kumar Sharma, one of the four men sentenced to death
Supreme Court: The Bench of Ranjan Gogoi, CJ and Sanjiv Khanna, J allowed the NGO Naz Foundation to withdraw its curative plea challenging