Due process of law

World News

Para 81: Due process of law means nobody ought to be condemned unheard. The due process of law means a person in settled possession will not be dispossessed except by due process of law. Due process means an opportunity for the defendant to file pleadings including written statement and documents before the Court of law. It does not mean the whole trial. Due process of law is satisfied the moment rights of the parties are adjudicated by a competent court.
Triple Test
Prima facie case;
Balance of convenience;
Irreparable injury.
Neon Laboratories Ltd.
Medical Technologies Ltd. & Ors.
Para 4: Before granting an ad interim injunction, the court in seisen of the litigation has to address its attention to the existence or otherwise of three aspects – (a) whether a prima facie case in favour of the applicant has been established; (b) whether the balance of convenience lies in favour of the applicant; and (c) whether irreparable loss or damage will visit the applicant in the event injunctory relief is declined.
Kashi Math Samsthan
Srimad Sudhindra Thirtha Swamy
Para 13: It is well settled that in order to obtain an order of injunction, the party who seeks for grant of such injunction has to prove that he has made out a prima facie case to go for trial, the balance of convenience is also in his favour and he will suffer irreparable loss and injury if injunction is not granted. But it is equally well settled that when a party fails to prove prima facie case to go for trial, question of considering the balance of convenience or irreparable loss and injury to the party concerned would not be material at all, that is to say, if that party fails to prove prima facie case to go for trial, it is not open to the court to grant injunction in his favour even if, he has made out a case of balance of convenience being in his favour and would suffer irreparable loss and injury if no injunction order is granted.
Best Sellers Retail (India) Pvt. Ltd.
M/s Aditya Birla Nuvo Ltd.
Para 14: Yet, the settled principle of law is that even where prima facie case is in favour of the plaintiff, the court will refuse temporary injunction if the injury suffered by the plaintiff on account of refusal of temporary injunction was not irreparable

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