How to file Curative Petition? Order XLVIII of Supreme Court Rules 2013
1. Curative Petitions shall be governed by Judgment of the Court dated 10th April, 2002 delivered in the case of 'Rupa Ashok Hurrah v. Ashok Hurrah and Ors. in Writ Petition (C) No. 509 of 1997.
2. (1) The petitioner, in the curative petition, shall aver specifically that the grounds mentioned therein had been taken in the Review Petition and that it was dismissed by circulation.
(2) A Curative Petition shall be accompanied by a certificate of the Senior Advocate that the petition meets the requirements delineated in the above case.
(3) A curative petition shall be accompanied by a certificate of the Advocate on Record to the effect that it is the first curative petition in the impugned matter.
3. The Curative Petition shall be filed within reasonable time from the date of Judgment or Order passed in the Review Petition.
4. (1) The curative petition shall be first circulated to a Bench of the three senior-most judges and the judges who passed the judgment complained of, if available.
(2) Unless otherwise ordered by the Court, a curative petition shall be disposed of by circulation without any oral arguments but the petitioner may supplement his petition by additional written arguments.
(3) If the Bench before which a curative petition was circulated concludes by a majority that the matter needs hearing then it shall be listed before the same Bench, as far as possible.
(4) If the Court, at any stage, comes to the conclusion that the petition is without any merit and vexatious, it may impose exemplary costs on the petitioner.
Order XLI - Application for Transfer Under Article 139A(2) of constitution and section 25 of Code of Civil Procedure 1908
Order XLII - Special Reference under Article 143 of the Constitution
Order XLIII - Reference made by the President under Article 317(1) of the Constitution or any statute
Order XLIV - Reference made by the central Government / Statutory Tribunal under statutes
Order XLV - Reference under section 257 of the Income Tax Act 1961
(E) ELECTION PETITIONS
Order XLVI - Election Petitions under Part III of the Presidential and Vice-Presidential Elections Act, 1952 (31 of 1952)
Order XLVIII - Curative Petition
Order LI - Notice of Proceedings to the Attorney General for India or Advocate General of States
Order LIII - Service of documents
Order LV - Power to dispense and inherent powers
Order LVI - Destruction of Records
Rules to regulate proceedings for contempt of the Supreme Court, 1975