What is the Meaning of Prima Facie and Prima Facie Case?

 

Introduction

 

Today we will discuss the meaning of a Latin term, prima facie, that is often used in both, legal parlance and general parlance. It is a term of wide purport, and it is important to understand its significance.

 

The term prima facie is a term of wide amplitude, and it has acted as a potent tool for the courts to ascertain whether a case is worth listening to or not. It is also useful in the law of evidence wherein for specific purposes such as framing of charges or temporary injunction, a prima facie case is required to be established.

 

Usually, these terms are taken for granted and their dictionary meaning though explains what they mean, yet the dictionary meaning is not sufficient in order to understand and ascertain the application of terms like prima facie. Hence, there is a conscious need to look into the various case-laws as well that elucidate the importance of these terms.

 

Plain Meaning of Prima Facie

 

Black’s Law Dictionary, Eighth Edition (2004), defines prima facie in three ways: -

 

1. Prima Facie (adjective) – Sufficient to establish a fact or a raise a presumption unless disproved or rebutted.

 

2. Prima facie (adverb) – At first sight; on first appearance but subject to further evidence or information.

 

3. Prima facie case – The establishment of a legally required rebuttable presumption; a party’s production of enough evidence to allow the fact-trier to infer the fact at issue and rule in the party’s favour.

 

Now let us understand the meaning of prima facie and prima facie case as has been discussed by the Indian Courts.

 

Indian Courts on Prima Facie and Prima Facie Case

 

 

1. Pranballav Saha v. Smt. Tulsibala Dassi, AIR 1958 Calcutta 713 – In this case, ejectment from suit-property was sought on the ground of using it for immoral purposes. It was observed by the Court that: -

 

“The question then is what a prima facie case is. All the evidence of reputation from family physician, executors, trustees, local residents is there. It is surely prima facie evidence. The distinct charge in the evidence from the witness box is (l) that the defendant is a prostitute and carries on prostitution and (2) that she took the house on rent to run a brothel there. That is the prima facie case. She does not come herself nor calls any witness to deny these serious allegations of fact. Whether the Judge should believe one witness or another or one case or another in such a context of facts is not then a question of prima facie case. It is then a question of the weight of evidence and its credibility. Prima facie case is not the conclusive case, and the learned Judge mistook the one for the other in his judgement. The very fact that the defendant neither came to the box herself nor called any witness to contradict evidence given on oath against her shows that these facts cannot be denied. What was prima facie against her became conclusive proof by her failure to deny.”

 

2. Anil Kapoor v. Finance-cum-Health Secretary Chandigarh Administration, 1974 Cri L J 862, Punjab and Haryana High Court –

 

“According to Webster's Third International Dictionary (1961 Edition), “prima facie case means a case established by “prima facie evidence” which in turn means “evidence sufficient in law to raise a presumption of fact or establish the fact in question unless rebutted.”

 

3. Shankarlal v. State of M.P., 1978 MPLJ 419, High Court of Madhya Pradesh, Per Justice G.P. Singh –

 

“Although it is often said that plaintiff must show a prima facie case in support of the right claimed by him in the suit before he can be granted temporary injunction, the real thing to be seen is only that plaintiff's claim is not frivolous or vexatious; in other words that there is a serious question to be tried. Plaintiff is not required to make out a clear legal title but has to satisfy the Court that he has a fair question to raise as to the legal right claimed by him in the suit. It is not the function of the Court at that stage to resolve disputed questions of fact or difficult questions of law which should be left to be decided at the conclusion of the trial.”

 

4. Pirtha Singh v. Laxman Singh, 1999 SCC OnLine Raj 106 – In the context of civil cases, it was observed by the Court that: -

 

“It has been held that prima facie implies the probability of the plaintiff obtaining a relief on the materials placed before the Court at that stage.”

 

5. Bank of Baroda v. Appellate Tribunal for Foreign Exchange, 2005 SCC OnLine Del 231 – In this case, it was held that a prima facie case “refers to an arguable or triable case.”

 

6. Commissioner of Income-Tax v. McDowell and Co. Ltd., 2006 SCC OnLine Kar 796 –

 

“The dictionary meaning of “prima facie” is “at first sight”; “on the first appearance”; “on the face of it”….. What is required to be seen is a prima facie consideration for the purpose of allowance or disallowance [of the case] depending upon the material placed on record.

…..

We also deem it proper to say at this juncture that prima facie case is not to be understood as a proof of obligation by way of evidence, etc, prima facie consideration has to be prima facie or to use the dictionary meaning “at the first sight” or “the first impression”. It may be that impression may be varied/modified or even destroyed at the stage of final hearing. That-final hearing approach has not to be the approach at the first impression, namely, prima facie impression.”

 

Concluding Remarks

 

I hope that with the help of these case-laws, the meaning and amplitude of the term prima facie is clear to everyone.