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RUPA ASHOK HURRA vs. ASHOK HURRA AND ANR.

SCR Citation: [2002] 2 S.C.R. 1006
Year/Volume: 2002/ Volume 2
Date of Judgment: 10 April 2002
Petitioner: RUPA ASHOK HURRA
Disposal Nature: Others
Neutral Citation: 2002 INSC 189
Judgment Delivered by: Hon'ble Mr. Justice S.S.M. Quadri,Hon'ble Mr. Justice U.C. Banerjee
Respondent: ASHOK HURRA AND ANR.
Case Type: WRIT PETITION (CIVIL)/509/1997
Order/Judgment: Judgment
1. Headnote

Constitution of India, 1950:

Articles 12 and 32 - Writ Petition-Writ of certiorari-Challenging validity of judgment of Supreme Court after dismissal of Review Petition therein - Maintainability of - Held, not maintainable - Superior Courts of Justice do not fall under the ambit of State or other authorities under Article 12.

Article 142 - Reconsideration of Judgment of Supreme Court after dismissal of Review Petition-Permissibility under inherent powers - Held, Court may reconsider its judgments in exercise of its inherent powers in rarest of rare cases to prevent abuse of its process and to cure gross miscarriage of justice - Grounds and procedure for such re-consideration laid down - Supreme Court Rules, 1966 - Order XLVII Rule 6. 

Doctrines:

Doctrine of Ex debito Justitiae - Applicability of.

Doctrine of stare decisis - discussed.

The common questions for consideration in the instant writ petitions were whether writ petition under Article 32 of the Constitution of India could be maintained to question the validity of a Judgment of Supreme Court after the petition for review of the said judgment was dismissed; and whether the order passed by this Court could be corrected under its inherent powers after 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 due to unfair procedure giving scope for bias which resulted in abuse of the process of the Court or miscarriage of justice to an aggrieved person. 

2. Case referred
3. Act
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4. Keyword
  • Constitution of India
  • Doctrines
5. Equivalent citation
    Citation(s) 2002 AIR 1771 = 2002 (4) SCC 388 = 2002 (4) Suppl. SCC 388 = 2002 (3) JT 609 = 2002 (3) Suppl. JT 609 = 2002 (3) SCALE 406