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Nawab Mir Barkat Ali Khan vs Nawab Zulfiquar Jah Bahadur And Ors. on 20 November, 1974

"In Barkat Ali v. Zulfiquar, , a Division Bench of this Court evolved the circumstances under which the Court will grant or refuse a temporary injunction. The Court held (Para 15) "the grant or refusal of a temporary injunction is covered by three well established principles viz,, (1) whether the petitioners have made out a prima facie case, (2) whether the balance of convenience is in their favour i.e., whether it would cause greater inconvenience to them if the injunction is not granted than the inconvenience which the opposite party would be put to if the temporary injunction is granted and (3) whether the petitioners would suffer irreparable injury. With the first condition as sine quation atleast two conditions should be satisfied by the petitioners conjunctively and a mere proof of one of the three conditions does not entitle them to obtain a temporary injunction in their favour.
Andhra HC (Pre-Telangana) Cites 3 - Cited by 10 - Full Document
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