Conviction Under Section 409 IPC Postulates Strict Proof Of Entrustment; Suspicion However Grave Cannot Substitute Proof: Supreme Court Criminal Prosecution Emanating From Past Matrimonial Relationship Ought Not To Linger After Divorce: Supreme Court Negligence Of Previous Counsel Not A Ground To Reopen Concluded Pre-Charge Evidence Under Section 311 CrPC: Allahabad High Court Unregistered Agreement To Sell Cannot Protect Tenant's Possession Under Section 53A Transfer Of Property Act: Delhi High Court Certified Copies Of Registered Sale Deeds Admissible As Secondary Evidence Without Proving Loss Of Original: Gauhati High Court Counsel Representing Deceased Party Must Inform Court Of Death Under Order XXII Rule 10-A CPC: J&K High Court Son Staying In Father's House Out Of Love And Affection Is A Mere Licensee, Cannot Challenge Father's Title: Delhi High Court Conviction For Murder Cannot Stand Where Single Blow Inflicted In Sudden Fight Without Premeditation: Uttarakhand High Court Inability To Trace Suppliers Or Buyers No Ground For Custodial Interrogation Once Recovery Is Effected: Punjab & Haryana High Court Right To Assemble Peacefully To Celebrate Association Anniversary Is A Fundamental Right; Unlawful Assembly Per Se Not An Offence: Madras High Court Marriage Photographs Can Be Relied Upon To Estimate Quantity Of Gold Ornaments In Matrimonial Disputes: Kerala High Court POCSO Act Not Confined To Securing Convictions, Soul Of Law Lies In Preserving Childhood Dignity & Healing: Madras High Court Special Appeal Maintainable If Single Judge's Order Relates To Authority Acting Without Statutory Appellate Jurisdiction: Allahabad High Court Recall Of Witness For Cross-Examination Permissible On Newly Framed Issue Post-Remand Even If Disposal Timeline Is Fixed: Karnataka High Court Litigant Cannot Overcome Law Of Limitation By Shifting Blame On Counsel Through Inconsistent Stands: Madras High Court Cross-Cases Cannot Be Clubbed If Co-Accused In Complaint Case Is Absconding & Complainant Delayed Process: Allahabad High Court Cross-Cases Cannot Be Clubbed If Co-Accused In Complaint Case Is Absconding & Complainant Delayed Process: Allahabad High Court Preventive Detention Not Warranted If Person Can Be Dealt With Under Ordinary Laws; No Effort To Arrest In Pending Cases: Supreme Court Accused Languishing In Jail For 9 Years Deserves Bail; Right To Speedy Trial Under Article 21 Violated: Supreme Court Custodial Death | Pendency Of Criminal Trial No Bar For Awarding Compensation Under Public Law Remedy: Gauhati High Court Suit For Possession Under Section 6 Specific Relief Act Barred If Filed Beyond Six Months Of Dispossession: Madras High Court Subsequent Purchaser Is Representative Of Judgment Debtor, Separate Suit Challenging Execution Sale Barred Under Section 47 CPC: Kerala High Court Statutory Bail Restrictions Melt Down When Pre-Trial Detention Is Prolonged & Trial Is Unlikely To Conclude Soon: Delhi High Court Failure To Apprise Accused Of Right Under Section 50 NDPS Act Vitiates Search & Recovery: J&K & Ladakh High Court Section 12(5) Arbitration Act Inapplicable To Proceedings Commenced Before 2015 Amendment; Executing Court Can't Apply Neutrality Norms Retrospectively: Punjab & Haryana High Court Banks Can Share Sale Proceeds Of Secured Assets Outside Liquidation Estate With Homebuyers Under Compromise Agreement: Kerala High Court Election Disputes Must Be Resolved Expeditiously; Long Stays Render Adjudication A Mockery Of Justice: Madras High Court Delhi High Court Suspends LOC, Permits Businessman To Travel Abroad For Healthcare Conferences; Cites Roots In Society & Past Compliance Section 138 NI Act Complaint Not Maintainable By Third Party Who Is Neither Payee Nor Holder In Due Course: Allahabad High Court

Judicial Exercise Cannot Be Performed by Registry: Supreme Court Overturns Registrar’s Decision on Curative Petitions

07 May 2024 8:19 AM

By: Admin


The Supreme Court, in a significant judgment, clarified the procedure and jurisdiction regarding curative petitions, emphasizing that the Registrar of the Court does not hold the authority to decline the registration of curative petitions based on the technical ground of absence of specific averments. This decision is pivotal in outlining the judicial nature of curative petitions and the procedural steps involved.

The appeal arose from the Registrar’s refusal to register curative petitions filed by M/S Brahmaputra Concrete Pipe Industries and others, based on the ground that the review petitions were disposed of in open court and not by circulation, contrary to the stipulated requirement. The origin of the dispute dates back to the maintainability of a suit under “The Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993,” which was ultimately dismissed by the Supreme Court. The subsequent review petitions were also dismissed post open court hearing.

The Court meticulously analyzed the constitutional provisions, the Supreme Court Rules, 2013, and the precedent set in the case of Rupa Ashok Hurra vs. Ashok Hurra and Another. It highlighted the inherent powers of the Supreme Court under Articles 129 and 142 of the Constitution of India, underscoring that curative jurisdiction is derived from these provisions. The Court observed, “Registry cannot be vested with power to decide whether a review petition, after being dismissed in open Court hearing, merited relook through the curative jurisdiction. As we have already observed, that would be a judicial exercise.”

The judgment also pointed out that the failure to make an averment that the review petition was dismissed by circulation does not automatically render a curative petition non-maintainable. The Court stated, “This is a judicial exercise. That is what in effect flows from the Bench of coordinate strength in its order of 08.02.2016 in the case of Rama Rao Poal (supra).”

The Supreme Court set aside the impugned order of the Registrar, holding it contrary to the provisions of the Rules. However, after perusing the initial order and the review court order, the Court did not find merit in the appellant’s case for invoking curative jurisdiction and refrained from entertaining the curative petitions. The judgment concluded, “We do not think any purpose would be served in sending the matter back to the Chamber Judge for instructions in the given circumstances.”

Date of Decision: 26th February, 2024

M/S Brahmaputra Concrete Pipe Industries Etc. Etc. Vs. The Assam State Electricity Board and Others

Latest Legal News