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Sunday, 18 October 2015

IS THERE A CASE FOR REVIEW PETITION ?

DOES MR ASGER IBRAHIM AMIN HAVE
 A CASE FOR FILING A REVIEW PETITION IN THE SUPREME COURT?
 
Against a decision of the SC a review or a curative petition is possible. 
A review petition is for rectifying an apparent error in the verdict and is usually done in the Chambers of the judges and there will not be any arguments.The petition should explain the points.
A curative petition to succeed, the petitioner has to prove that the remedy is worse than the disease. 
For the present decision, it would appear that proper arguments have not been addressed. If a convincing arguments can be given, curative petition may succeed. There will be arguments. 
I am basing the points solely on what I have read and this cannot be considered as a correct assessment. 
The matter rests with the views of the case and may be equal to admitting a SLP.  
A.S.Ramanathan