Rupa Ashok Hurra vs. Ashok Hurra and Ors.

Facts

Writ petitions were filed under Article 32 of the Constitution of India to question the validity of a Judgment of the Supreme Court after the petition for review of the judgment was dismissed.

Key Takeaways for Students

Legal Issue

• Whether above-mentioned writ petition under Article 32 is maintainable?
• Whether an aggrieved person is entitled to any relief against a final judgment/order of this Court, after the dismissal of the review petition?
• Whether the court have inherent power to correct the order passed by this Court after the dismissal of the review petition on the ground that it was passed either without jurisdiction or in violation of the principles of natural justice or otherwise?

Holding

Maintainability of Writ petition: To prevent abuse of its process and to cure a gross miscarriage of justice, it may reconsider its judgments in the exercise of its inherent power. To entertain such a curative petition, strong reasons must exist.

Relief against final judgment: A petitioner is entitled to relief if he establishes (1) a violation of principles of natural justice in that he was not a party to the lis but the judgment adversely affected his interests or, if he was a party to the lis, he was not served with notice of the proceedings and the matter proceeded as if he had notice and(2) where in the proceedings a learned Judge failed to disclose his connection with the subject-matter or the parties giving scope for an apprehension of bias and the judgment adversely affects the petitioner.

Correction of order: For correction of a final judgment of this Court on the ground of lack of jurisdiction or violation of the principle of natural justice, a curative petition could be entertained which might be heard by an appropriate Bench composed of the senior Judges as well as Judges who passed the order.

Final Decision Petition Dismissed

Ratio

The court may, in the exercise of its inherent power, re-consider its judgments to prevent abuse of its process and to cure a gross miscarriage of justice.