Prasanta Kumar Mohapatra
Asked January 11, 2017

Curative Petition

  • 2 Answers
  • 1739 Views

Life Insurance Corporation of India didn't respond the SC Judgement dated 09/08/2016 arises on the CA No.6950 of 2009 & Contempt Case No.459 of 2015 rather filed Curative Petitions (Civil) bearing No.23-26 of 2017 against the above judgement. Kindly suggest whether we will wait till the disposal of the Curatives or we will file Contempt afresh against the Corporation ?

Answers 2

If there is any direction in the judgement you can get it enforced if there is no stay.

 

You may file contempt , but court will wait for the curative petition result. Many times curative petition are filed to delay, so you can reasonably judge if the judgement will be set aside or not.

Agree Comment 0 Agrees almost 4 years ago

You can wait for the disposal of the curative petition because the objective of curative  petitions is to correct the error of judgement made by the Supreme Court. It must necessarily  involve a violation of the principles of natural justice.​(Rupa Ashok Hurra vs. Ashok Hurra, W.P. (C.) No. 338/2000 ) According to your statement, a contempt case  has been initiated against them by the Court itself. Thus, it seems unlikely to me that the curative  petition will be in their favour. Moreover, in your appeal​ (Tamil Nadu Terminated Full Time Employees Association vs. Life Insurance Corporation, C.A. No. 6950 of 2009) the judgment has been held in your favour  for strong reasons. This and the fact that there is an existing contempt case against the LIC should  not go unnoticed by the court while hearing the curative petition.  

However, filing a fresh contempt case would, certainly, give you an advantage over the opposition.

  Please, do not get confused by this. The objective is to let you know that both the options are  beneficial for you and you make either choice depending on your time and resources. 

 

Researcher: Amrisha Tripathi

Agree Comment 0 Agrees almost 4 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.