IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CURATIVE PETITION (CIVIL) NO. OF 2012
IN
REVIEW PETITION (CIVIL) NO. OF 2011
IN
SPECIAL LEAVE PETITION (C) NO. _____ OF 2010
IN THE MATTER OF :
Joseph J. Leo ….Petitioner
VERSUS
State of U.P. & Others …Respondents
PAPER BOOK
(FOR INDEX PLEASE SEE INSIDE)
ADVOCATE FOR THE PETITIONER : ________
INDEX
Sl. No. Particulars Page Nos.
1. Synopsis and list of dates
2. Certificate issued by Sr. Advocate
3 True copy of the order dated
4. True copy of the order in review petition
5. Curative Petition with affidavit.
SYNOPSIS AND LIST OF DATES
12.3.1980 Petitioner
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----------
2007 Review Petition filed.
2008 Hence this curative petition is being filed before this
Hon'ble Court.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CURATIVE PETITION (CIVIL) NO. OF 2012
IN
REVIEW PETITION (CIVIL) NO. OF 2011
IN
SPECIAL LEAVE PETITION (C) NO. _____ OF 2010
IN THE MATTER OF :
Joseph J. Leo ….Petitioner
VERSUS
State of U.P. & Others …Respondents
CERTIFICATE
I, have gone through the contents of the Curative Petition and the
record of the case annexed here with the petition and being convinced
and satisfied, I certify that the curative petition is fit to be considered
by this Hon'ble Court for the following reasons :-
1. That this Hon'ble Court ought to have consider that the Petitioner-
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2. That this Hon'ble Court has failed to appreciate that ---------------
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3. That this Hon'ble Court has failed to appreciate that ---------------
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Hence, the present curative petition has been sought for on the grounds
already taken in the Special Leave Petition and review petition and no
new ground(s) have taken and, therefore, the curative petition raises
relevant question of law of general public importance for consideration
in this case as non consideration has resulted into miscarriage of the
justice to the Petitioners.
(-----------------------------------)
Senior Advocate
Supreme Court of India
New Delhi.
TRUE COPY OF ORDER/JUDGMENT PASSED IN SPECIAL LEAVE
PETITION
AND
TRUE COPY OF ORDER PASSED IN REVIEW PETITION
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CURATIVE PETITION (CIVIL) NO. OF 2008
IN
REVIEW PETITION (CIVIL) NO. OF 2006
IN
SPECIAL LEAVE PETITION (C) NO. ____ OF 2006
In the matter of :
Joseph J. Leo ….Petitioner
VERSUS
State of U.P. & Others …Respondents
and Others … Contesting Respondents
CURATIVE PETITION UNDER ARTICLE 142 OF THE CONSTITUTION OF
INDIA, READ WITH ORDER XLVII OF SUPREME COURT RULES, 1966 AND IN
THE LIGHT OF JUDGMENT OF THIS HON'BLE COURT IN RUPA HURRA VS.
ASHOK HURRA 2002 (4) SCC 388 ARISING OUT OF ORDER DATED 8.2.2007
PASSED IN REVIEW PETITION (CIVIL) NO. 77 OF 2007 AND THE JUDGMENT
AND ORDER DATED 19.10.2006 PASSED IN CIVIL APPEAL NO. 4573 OF 2006
BY THIS HON'BLE COURT COMPRISING OF HON’BLE MR. JUSTICE HK
SEEMA AND HON’BLE MR. JUSTICE PK BALASUBRAMANYAN.
To
The Hon'ble Chief Justice of India
And His Companion Justices of the
Hon'ble Supreme Court of India.
The Humble petition of the petitioner above named
Most Respectfully Showeth: -
1. That the Petitioner is preferring this curative petition under
article 142 of the constitution of India, read with order xlvii of
supreme court rules, 1966 and in the light of judgment of this
Hon’ble court in Rupa Hurra vs. Ashok Hurra 2002 (4) SCC 388
arising out of order dated 8.2.2007 passed in review petition
(civil) no. 77 of 2007 and the judgment and order dated
19.10.2006 passed in civil appeal no. 4573 of 2006 by this Hon’ble
court comprising of Hon’ble Mr. justice HK Seema and Hon’ble Mr.
justice PK Balasubramanyan. This Hon'ble Court in civil appeal
affirmed the order passed by the Division Bench of the High Court
very brief facts and events have been stated in the list of dates.
2. That the Petitioner herein states that he has not filed any other
such or similar curative petition before this Hon'ble Court. This is
the first curative petition submitted before this Hon'ble Court.
3. That the Petitioner herein bags to prefer present curative petition
bonafide in the interest of justice pleading that this is a fit case
for the exercise of inherent jurisdiction by this Hon'ble Court, by
correcting errors of law setting aside the judgment and order in
civil appeal no. 4573 of 2006 and review petition (civil) no. 77 of
2007 as it has resulted in miscarriage of justice inter alia amongst
other on the following grounds :-
GROUNDS
(A) Because
(B) Because
(C) Because
(D) Because
PRAYER
It is most respectfully prayed that this Hon’ble Court may be pleased
to:
(a) Hear and allow the curative petition;
(b) Set aside the judgment and order dated 8.2.2007 and 16.10.2006
passed by this Hon'ble Court in review petition (c) no. 77 of 2007
and civil appeal no. 4573 of 2006 and order accordingly;
(c) pass any other or further orders as may be deemed fit and proper
in the circumstances of the case.
AND FOR THIS ACT OF KINDNESS THE RESPONDENT AS IN DUTY BOUND
SHALL EVER PRAY.
New Delhi FILED & DRAWN BY
Drawn on :
Filed On :
ADVOCATE FOR THE PETITIONER
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CURATIVE PETITION (CIVIL) NO. OF 2012
IN
REVIEW PETITION (CIVIL) NO. OF 2011
IN
SPECIAL LEAVE PETITION (C) NO. _____ OF 2010
IN THE MATTER OF:
Joseph J. Leo ….Petitioner
VERSUS
State of U.P. & Others …Respondents
AFFIDAVIT
I, Joseph J. Leo, S/o Late Mr. A.K. Leo, Aged about 52 years, Resident
of House No. 555G/282, Jafar Khera, P.O. Manas Marg, Lucknow, 226
023 Uttar Pradesh presently at New Delhi do hereby solemnly affirm and
state as follows:-
1. I say that I am Petitioner in the above noted Curative Petition and
I am well conversant with the facts, proceedings and
circumstances of the case.
2. I say that contents of accompanying Curative Petition para 1
to ------- page --------- to ---------- has been drafted by my counsel
under my instruction and the same are true to my knowledge and
nothing material has been concealed therefrom.
2. That the contents of para 1 to 3 of this affidavit are true to my
knowledge and nothing material has been concealed therefrom.
Verified this day of June 2012 at New Delhi.
DEPONENT
