Ninad .P.

Shah
Advocate

Prima Facie
Notes
Introduction Latin expression meaning on its first encounter or at first sight. The literal translation
would be 'at first face' or 'at first appearance'.
Meaning The meaning of the words “prima facie” has been given by the Apex Court in the case
of “Martin Burn Ltd. v. RN Banerjee”, 1958 AIR 79 and 1958 SCR 514. Para 28 of
the said judgment is quoted hereunder for ready reference-
“28. The Labour Appellate Tribunal had to determine on these materials
whether a prima facie case had been made out by the appellant for the termination
of the respondent's service. A prima facie case does not mean a case proved to the
hilt but a case which can be said to be established if the evidence which is led in
support of the same were believed. While determining whether a prima facie case
had been made out the relevant consideration is whether on the evidence led it
was possible to arrive at the conclusion in question and not whether that was the
only conclusion which could be arrived at on that evidence. It may be that the
Tribunal considering this question may itself have arrived at a different conclusion.
It has, however, not to substitute its own judgment for the judgment in question. It
has only got to consider whether the view taken is a possible view on the evidence
on the record. (See Buckingham and Carnatic Co., Ltd. Case 1952 L.A.C. 490.”
Also see Para 9; 2016 SCC OnLine Raj 1728 : (2016) 1 CLR 1041.

What is In the case of Nagaraj v. Krishna (1996 5 Kar LJ 421), the court observed that “Prima
“prima facie case has always got to be distinguished from prima facie title Prima facie case
facie case” ? really means that there is a case which requires trial and the case is not the one based
on erroneous or vexatious grounds.

Also see para 11 of 1998 SCC OnLine Kar 284 : (1998) 5 Kant LJ 601 : (1999) 95
Comp Cas 655 : (1999) 1 CCC 624 , “So prima facie case means the case which
requires trial and the pleas raised by the plaintiff call for an answer and if there is any
case in which the case should be answered, the case requires trial and decision.”
Scope of The meaning of “Prima Facie case” should not be too much stretched to land in the loss
Prima Facie of real purpose
The very expression ‘prima facie case’ is to look into the matter on the face of it, not
to dwell into it.
‘Prima facie’ means - at first sight; on the first appearance; on the face of it; so far as
can be judged from the first disclosure; presumably; a fact presumed to be true unless
disproved by some evidence to the contrary. ( para 11 of 1994 SCC OnLine AP 270 :
(1995) 1 ALD 358 : (1995) 1 ALT 305 )

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