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Kishor Kumar Chakraborty (Student)     17 May 2016

Temporary injunction on the basis of prima facie case

Whether Temporary Injunction can be granted on the basis of Prima facie case only? Kindly cite the judgement..


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 2 Replies

adv.bharat @ PUNE (Lawyer)     17 May 2016

Sir please specify fact of case. So that we will guide you.

Thanks

Jayesh Deokar (Advocate)     17 May 2016

No. The plaintiff has to prove: 1. Prima facie case; 2. Balance of convenience in his favour; and 3. Irreparable loss if the injunction is not granted You can refer Colgate Palmolive (India) Ltd vs. Hindustan Unilever Ltd. AIR 1999 SC 3105, wherein the Hon'ble Supreme Court has laid certain principles which are ought to be considered in the matters of granting temporary injunctions.

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