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Petition dismissed by SC how to file for review petition
12-Jan-2023 (In Civil Law)
25 cheques of 5 lacs each were given in advance for supply of milk to milk plant to milk seller.However no milk was supplied nor was proved that even 1 litre of milk was receieved in milk plant.But Courts till high court maintained punishment as well as fine and Supreme Court refused to admit the petition.Now how to go for review and curative petition as delivery of milk is presumed under 139 but is admitted in judgement that no proof of delivery milk is present.
Review Petition can be filed within 30 days from date of supreme court order.review can obviously be filed on the ground if some evidence was overlooked by courts below as well as by supreme court as the same is an error apparent on the face of the record. If review Petition is dismissed a curative Petition can be filed as per judgment of supreme court in ruppa ashok case and there is no limitation for a curative Petition but as per supreme court rules 2013 curative Petition should be filed within a reasonable time and the principle of delay and latches id applied by the Supreme court if there is inordinate delay in filling the curative Petition.
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Adv. Dr.Nirmal Chopra
Delhi | 25+ Answers
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Hi. In the narrow conspectus of the facts shared by you, the first course of action would be to file a review petition. The review petition will be circulated between the five senior most judges of the Hon Supreme Court. In the event the five judges are in agreement that the petition has to be reheard then an opportunity would afforded to you to address the Court on merits and if they do not find any merit then the review will be dismissed. In the event the review is dismissed, a curative petition has to be filed.
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Adv. Shreyans Singhvi
Delhi | 100+ Answers
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Dear sir,
With regard to very limited facts, presented by your side, kindly mail me the judgment of hon'ble high court for further reference or any further opinion. As the slp has already been dismissed, there are very limited available options.
With regard to very limited facts, presented by your side, kindly mail me the judgment of hon'ble high court for further reference or any further opinion. As the slp has already been dismissed, there are very limited available options.
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Adv. Mayank Khera
Ghaziabad | 25+ Answers
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You can file review petition. It goes by circulation before the same bench who heard your SLP. If review is rejected then you file curative prtition. For curative petition a certificate is to taken from designated senior advocate. Review is to be filed within 30 days of dismissal of SLP. Review can be filed with delay application also.
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Adv. Charu Mathur
Delhi | 25+ Answers
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