AI Overview...
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Prima Facie Case - A case where the court, upon initial examination of the evidence, finds sufficient grounds to believe that the party seeking the injunction has a valid claim. It does not require proof beyond doubt but indicates that the claim is plausible and warrants further consideration. S. C. SHUKLA VS DELHI DEVELOPMENT AUTHORITY - Delhi, Jagmal Ram VS Assistant Engineer, I. G. N. P. , Bijaynagar - Rajasthan, Abhay Kewadkar VS Residences at Benson Town, Apartment Owners Association - Karnataka, S. Gunasekaran VS Tamil Nadu Elementary School, Teachers Federation (Reg. No. 118/1961), Represented by its General Secretary, N. Rengarajan - Madras, Tulshi Ram VS Superintending Engineer, HPPWD - Himachal Pradesh, Khamjeipou Gagmei VS State of Manipur - Gauhati
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Irreparable Loss - The party seeking an injunction must demonstrate that without it, they will suffer damage that cannot be remedied by monetary compensation. This is a key criterion for granting temporary relief. S. C. SHUKLA VS DELHI DEVELOPMENT AUTHORITY - Delhi, Jagmal Ram VS Assistant Engineer, I. G. N. P. , Bijaynagar - Rajasthan, Abhay Kewadkar VS Residences at Benson Town, Apartment Owners Association - Karnataka, S. Gunasekaran VS Tamil Nadu Elementary School, Teachers Federation (Reg. No. 118/1961), Represented by its General Secretary, N. Rengarajan - Madras, Magaji Dhondusa Charities Private Religious and Charitable Trust by its Managing Trustees VS D. Ramaiah - Karnataka
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Balance of Convenience - The court assesses which party would suffer greater hardship or inconvenience if the injunction is granted or refused. The party with the greater hardship is more likely to succeed in obtaining the injunction. S. C. SHUKLA VS DELHI DEVELOPMENT AUTHORITY - Delhi, Jagmal Ram VS Assistant Engineer, I. G. N. P. , Bijaynagar - Rajasthan, Indiabulls Finance Services Limited & Another VS Jubilee Plots and Housing Private Limited rep. by its Managing Director & Others - Madras, Tulshi Ram VS Superintending Engineer, HPPWD - Himachal Pradesh
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Main Points and Insights:
- A prima facie case is essential for the grant of temporary injunctions; courts require initial proof that the claim is valid. Jagmal Ram VS Assistant Engineer, I. G. N. P. , Bijaynagar - Rajasthan, Tulshi Ram VS Superintending Engineer, HPPWD - Himachal Pradesh, Loucal Promoter Pvt. Ltd. VS Gautam Dudhoria. - Calcutta
- The balance of convenience and irreparable injury are critical factors alongside the prima facie case. The court weighs which side would suffer more harm. S. C. SHUKLA VS DELHI DEVELOPMENT AUTHORITY - Delhi, Indiabulls Finance Services Limited & Another VS Jubilee Plots and Housing Private Limited rep. by its Managing Director & Others - Madras, Abhay Kewadkar VS Residences at Benson Town, Apartment Owners Association - Karnataka
- The failure to establish a prima facie case often results in the dismissal of injunction applications. Loucal Promoter Pvt. Ltd. VS Gautam Dudhoria. - Calcutta, Tulshi Ram VS Superintending Engineer, HPPWD - Himachal Pradesh
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Courts may consider public interest and conduct of parties in their assessment. Tulshi Ram VS Superintending Engineer, HPPWD - Himachal Pradesh, Khamjeipou Gagmei VS State of Manipur - Gauhati
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Analysis and Conclusion: A prima facie case is a preliminary but vital requirement for granting an injunction, serving as the court’s initial belief that the applicant’s claim has merit. Alongside this, the court evaluates irreparable injury and balance of convenience to ensure that the injunction is justified and fair. If the applicant fails to establish a prima facie case, the court is likely to refuse the injunction, emphasizing the importance of initial proof and the overarching principles of justice and equity. S. C. SHUKLA VS DELHI DEVELOPMENT AUTHORITY - Delhi, Jagmal Ram VS Assistant Engineer, I. G. N. P. , Bijaynagar - Rajasthan, Abhay Kewadkar VS Residences at Benson Town, Apartment Owners Association - Karnataka, S. Gunasekaran VS Tamil Nadu Elementary School, Teachers Federation (Reg. No. 118/1961), Represented by its General Secretary, N. Rengarajan - Madras
Search Results for "What is Meant by Prima Facie Case where Injunction is Granted"
1998 0 Supreme(Del) 262 • India - Delhi
LOKESHWAR PRASAD
suffer irreparable loss if the injunction was not granted. ... INJUNCTION - CHILDREN'S PARK - LAND USE - PRIMARY SCHOOL - PRIMA FACIE CASE - BALANCE OF CONVENIENCE - IRREPARABLE LOSS - DELHI ... was not granted. 3. ... to the other side if the injunction is granted. ... the relief sought for is not granted to them. ... loss/injury would be caused to him if the relief is not granted to him. ... If....
2002 0 Supreme(Raj) 646 • India - Rajasthan
B.S.CHAUHAN
– Such a relief cannot be granted – Temporary injunction can be granted only where the Court is satisfied that there is prima facie ... case in favour of plaintiff, balance of convenience and in case interim relief is not granted he will suffer irreparable loss – ... Rajasthan Irrigation and Drainage Act, 1955, C.P.C., Order 39 Rule 1 & 2 – Temporary injunction – Theft of Canal Water and irrigating ... Moreso, temporary in....
1990 0 Supreme(Pat) 107 • India - Patna
BINOD KUMAR ROY
for years to clear off the dues which prima facie meant acceptance of its liability to pay the certificate dues. ... was not granted. ... was not granted. ... are granted. .......... ... The trial court, while rejecting the prayer of the plaintiff-appellant also took into account its conduct before the certificate officer, namely, praying for repeated adjournments and dragging the certificate case for years to clear off the dues which prima #HL_START....
2014 0 Supreme(Kar) 1073 • India - Karnataka
ARAVIND KUMAR
If temporary injunction is not granted, plaintiff would be put to irreparable loss and injury. ... facie case and balance of convenience in its favour. ... No illegality can be found in order passed by trial Court granting temporary injunction - Plaintiff however directed to consider ... injunction is granted, it would cause irreparable loss and injury to the defendant. ... Trial Court on appreciation of rival contentions found that prima f....
2022 0 Supreme(Mad) 91 • India - Madras
ABDUL QUDDHOSE
applications - Irreparable injury will be caused to other, if injunction is granted by this Court, despite not having satisfied ... facie case and balance of inconvenience is also not in their favour for grant of injunction as prayed for by them in their respective ... requirements namely prima facie case, balance of convenience and irreparable injury - Respective parties cannot act upon the respective ... Irreparable injury will be caused to the oth....
2002 0 Supreme(Kar) 576 • India - Karnataka
N.S.VEERABHADRAIAH
Fact of the Case: The Plaintiff, a Religious and Charitable Trust, filed a suit for permanent injunction to restrain the ... Injunction - Property Dispute - Code of Civil Procedure - Order 39, Rules 1 and 2 - Deed of Settlement - Religious and Charitable ... Trust - Bhahuthwada Angala - Permanent Injunction - Right of Enjoyment - Sanctioned Plan - Legal Right - Easementary Right Therefore, what is required to be examined in the present case is whether the claim of the Plaintiff is genuine and if an ord....
2005 0 Supreme(Cal) 705 • India - Calcutta
BHASKAR BHATTACHARYA, ARUN KUMAR BHATTACHARYA
the application for injunction. ... Whether the plaintiffs had a prima facie case to go for trial. Ratio Decidendi: 1. ... Finding of the Court: The court held that the plaintiffs failed to prove a prima facie case to go for trial and dismissed ... It is now settled law that in order to succeed in an application for temporary injunction the party applying for such injunction must show a strong prima fac....
2009 0 Supreme(Mad) 2296 • India - Madras
K.K.SASIDHARAN
The court highlighted the factors to be considered before granting an order of temporary injunction, including the prima facie case ... prima facie case, balance of convenience, and irreparable injury before granting an order of temporary injunction, and the duty ... The court granted an ex parte injunction, which was subsequently extended, leading to the filing of a civil revision petition by ... is not ....
2015 0 Supreme(HP) 1219 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN
Issues: The issues revolved around the grant of injunction, establishment of a prima facie case, balance of convenience, and ... Finding of the Court: The court found that the petitioner failed to establish a prima facie case for the grant of injunction ... The court emphasized the importance of establishing a prima facie case and the consideration of public purpose in granting injunc....
2010 0 Supreme(Gau) 816 • India - Gauhati
T.NANDAKUMAR SINGH
Indian Evidence Act - Section 74 - Status quo as on that day shall be maintained with regard to the Chief ship - It is the case ... Case - Held, For the foregoing reasons, the State Respondents are directed to hold election for constitution of the Village Authority ... If he was satisfied that the Appellant before him had made out a prima facie case for an ad interim ex parte injunction and the balance of convenience justified in the grant of such an injunction, it wa....
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