Thursday, June 2, 2022

Prima Facie Case In civil Dispute

- Prima Facie Case.........! 
                                 

- Basically no where defined prima facie case  in C.P.C. or in the Specific Relief Act. It is a latin word means first sight.

- But prima facie case means a case in which a serious question is involved and the same be required investigation i.e. it be tried at the hearing of the suit and probability tielt in his favour for the relief sought.

- Prima facie case does not mean prima facie success but simply means that there is serious question to be tried.

- In other word prima facie case means case in which bonafide contest between parties in which serious question is required to be tried.

 - = Relevant Provision = -

- Order 39 of C.P.C.

= = Relevant Judgement ==

- 1979 M.L.J.514.

- A.I.R.1992 ALL 254.

- A.I.R 1993 S.C. 276/976.

-1996(1) Bomb. C.J.640.

- 2001(3) M.L.R.585.

- 2005(1) M.L.J.987.

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Probate Jurisdiction - Confusion

Probate - Jurisdiction - Confusion......! - As per Section 264 of Indian Succession Act 1925 District Judge having jurisdiction of Probate. ...