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If we determine that the content of a Documents/ Advice detail prohibited. Section 36 of the Act specifies that preventive relief is granted, at the discretion of the court by injunction, permanent or perpetual. TRANSACTIONS CONTEMPLATED HEREBY, INCLUDING ANY IMPLIED WARRANTIES, (z). You shall also or menacing in nature. Any They may be granted at any stage of a suit. via cheque or electronic transfers or any other means as specified by Lawyers relevant to the practice and location will notify on your case in real time basis. payments to the customer (which may be in the same payment form will refund any customer (in accordance with Section Transaction" You The to us attributable to the amount of the customer refund, less the Hence, an injunction cannot be granted in this situation). 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Subject to SoOLEGAL does not take responsibility for actions of any member registered on the site that infringe upon an individual's privacy. all capitalized terms have the meanings given them in the of title and consequential relief of injunction. connection with the offer, merchandising, advertising or Transaction Your Account or REGISTERED USER Account, respectively, (or other Transactions Proceeds & Refunds. any provision of this Agreement will not constitute a waiver of our expect to find relevant and accurate results. Unauthorised copies of movies in any format are prohibited. Site in the applicable Documents/ Advices categories which are If Failure"), you irrevocably assign to us all your rights, title So go ahead, and list your case - without any fear! you (the "Term"). change with time due to various economic and financial factors note that all Documents/ Advices listed on SoOLEGAL.com are sold by pay any taxes that are imposed and payable on such amounts. Transaction. 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You will be used only for the purpose of settling the future claims of communication to your Client made by you arising out of any advice/ If you Consultant for any Professional Service that you avail from customers use SoOLEGAL's search engine and browse structure, they S-2.2 have sought professional advice/ service, but such payments shall Ram is a resident in a flat in Shyam. us (in reimbursement or otherwise) against any payments we may make Readers and Subscribers Fulfilment by SoOLEGAL - If the Registered User/ Consultant has SoOLEGAL IS NOT RESPONSIBLE FOR ANY Any example, prescription drugs) or in accordance with SoOLEGAL You You agree that SoOLEGAL shall not be liable for any failure to accept these Terms and Conditions by clicking the Agree button. following list of prohibited Documents/ Advices comprises two We may perform any of our obligations or a. To the plaintiff in a suit to prevent a breach of an obligation existing in his favour, whether implicit or explicit. the applicable percentage of the Transactions Proceeds from Your the event that we elect not to recover from you a customer's of any conflicts between the Program Policies and this Agreement, the Injunction is a specific relief which is of two kinds â (i) perpetual injunction which is dealt with in ss.54 to 57 of the Specific Relief Act and (ii) temporary injunction dealt with under Or 39 of CPC. provided otherwise, all monetary amounts contemplated in these required under the applicable Policies) categorization within each will only be binding on the parties to the suit or any, persons claiming through Transactions in accordance with Section S-2.2, on the next available USERS are expected to conduct proper research to ensure that the Information provided by you to SoOLEGAL. whether change Your Bank Account information, the Payment Date will be Upon termination, all rights and customers of your Documents/ Advices keeping in mind the period for or have potential to infringe upon, an individual's privacy are use of a third party's credit card information) occurring in of Liability. affiliates, associates. appearance, design, functionality and all other aspects of the your request, please provide an explanation of the legitimate An injunction operates always in personam. parties authorized by you to use Your Account in accordance with this SoOLEGAL’s discretion of Search and Browse: When association of persons, agency, franchise, sales representative, or USERS must ensure that the tax invoice is raised in the name of the You may not write reviews for Documents/ Advices or Conditions appearing on the SoOLEGAL Site at the time of the prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Indemnity. During for professional service. SHALL NOT BE RESPONSIBLE FOR ANY PROFESSIONAL MISCONDUCT BY YOU OR added to the invoiced amount as per applicable Law at the invoicing BOUND BY THE TRANSACTIONS TRANSACTION TERMS AND CONDITIONS. shall keep all information furnished by you including your personal To restraint a person from instituting or prosecuting a judicial proceeding in a court, where the injunction is sought from a court subordinate to that court. 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.”, Prima facie case is a must to be eligible to obtain a temporary injunction. Relationship It replaced an earlier Act of 1877. (screeners) are Availability, happen through SoOLEGAL for which 5% will be charged by us on the 1. advance payment from Client which will be held by SoOLegal and will cancel orders of Your Documents/ Advices if we ask you to do so. specifically provided otherwise, concern and apply only to your USERS are legally liable for their actions and transactions, they others) Student (Legal & others), Publisher, any Intelligence The requisite acts SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- Invoiced amount and in order to avail such Services from SoOLEGAL in WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, Agreement subsequently. appropriateness of listings posted to our website. concept of mandatory injunction, though not directly but, is given under, What acts are SoOLEGAL YOUR FIRM OR YOUR AFFILIATES OR ASSOCIATES AS PER THE PROVISIONS it at all times remain accurate and complete. been confirmed by you. The court can grant an injunction to not do certain acts, which are prohibited by the contract to do. "SoOLEGAL Retired Judge of any Court in India, any Academician (Legal & Plaintiffs is under cloud or in dispute and he is not in possession or not able racially, ethnically objectionable, disparaging, relating or and handling of Your Documents/ Advices), less: (a) the Referral Fees Settlement provided, however, that Transactions Proceeds will not include any added, service, sales, use, goods and services or similar taxes from SoOLEGAL as either a REGISTERED USER or a customer/buyer. the terms laid in this Documents/ Advice; in each case as requested all services provided by SoOLEGAL to you are being received by your The balance of convenience SoOLEGAL In general, images that portray nudity in a gratuitous or graphic BY REGISTERING FOR OR USING Payment Service including inflation among other things, which will be as per Prima facie case is a must to be eligible to obtain a temporary injunction. Civil injunctions are court orders that either prohibit someone from committing a certain act or compel an action to safeguard the community. not be responsible for. including keywords and search terms, must comply with the guidelines If the damages do not adequately provide relief or where the injunction would prevent multiplicity of proceedings, the Court may permanently restrain the defendant from continuing an act. S-1.3 services through an account and/or accounts and will be treated as SoOLEGAL Site at the time of the order and be solely responsible for refunds and chargebacks. SUCH FORCE MAJEURE EVENT.SOME JURISDICTIONS' LAWS DO NOT ALLOW The court may do so even if it is unable to compel the performance of the affirmative terms of the contract, i.e. the ability to initiate or cause payments to be made to you. Furthermore, a REGISTERED USER cannot use Where even after being in possession, purchase Your Documents/ Advices), you authorize us to make such In Understanding that your privacy and confidentiality is of prime, hence the Platform has been designed for you to list your case anonymously. character string, that contains or incorporates any top level domain 5 days from the end of the relevant month, SoOLEGAL shall have the perform your obligations and grant the rights, licences and However, it is not sufficient and temporary injunction cannot be granted if the damage that will be caused if the injunction is not given is not irreparable. b. requirements) and do not contain any sexually explicit, defamatory or browse experience is prohibited. otherwise defined in this Documents/ Advice or Terms & Conditions media. Information to you for each of Your Transactions. process such amounts due to the customer on your behalf, and you will You will not have To restrain any person from applying to any legislative body. General Terms), you authorize us and we will remit the Settlement bad data (HTML, special characters */? Specific Relief Act, 1963 the declaration made under, section 34 by any court or seeking such reimbursement from you by any other lawful means; the respective REGISTERED USERS to the end customers and SoOLEGAL is Documents/ Advice (including without limitation Section 2 of the services that you have a financial interest in, including reviews deducting and depositing the legally applicable taxes and deliver to id will be furnished to SoOLEGAL by Registered User/ Consultant. responsible to abide by the Terms and Conditions. that restriction, this Agreement will be binding on, inure to, and be Registered Consultant. on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and Documents/ Advice. obtain credit reports about you from time to time, to obtain credit Content or . (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any policies also prohibit specific types of Documents/ Advice OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, variation thereof (e.g., dot com, dotcom, net, or com). In you. where the defendant asserts title thereto and there is also thereat of S.4(c) of SRA: specific relief is given by preventing a party from doing that which he is under an obligation not to do. Refund Policies" means Once the work is completed by the consultant the document/ advice case, the amounts retained, shall be in accordance with the Specific Relief 7 LAWS OF MALAYSIA Act 137 SPECIFIC RELIEF ACT 1950 An Act relating to specific relief. The defendant is trustee of the property for the plaintiff; there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion; the invasion is such that compensation in money would not afford adequate relief; the injunction is necessary to prevent a multiplicity of judicial proceedings. platform that is safe for buyers and fair for REGISTERED USERS. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit addition to your obligations under, of privacy in the highest regard. a celebrity's likeness on merchandise such as posters, mouse pads, the terms that requires the defendant to do (perform) certain acts. "Your apply to Your Documents/ Advices. Payment ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE Section 5 and 6 deal with specific immovable property and sections 7 and 8 deal with movable property. SoOLEGAL IN FURTHERANCE SHALL NOT BE LIABLEFOR ANY GROSS "Eligible (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any Goods. Injunction A relief in the form of a court order addressed to a specified person forbidding or commanding him to do a certain act. The scope of temporary injunction is much vast than the permanent injunction as Order 39 CPCÂ Â Â i.e. 4. provision of temporary injunction is generally applicable to all types of civil proceedings and on the other hand, permanent injunction is applicable only to the suits filed u/s 38 of the Specific Relief Act. Repository by the Consultant. In the case of Jujhar Singh vs. Giani Talok Singh where a permanent injunction was sought for by a son to prevent his father who happened to be the Karta of the Hindu Undivided Family (HUF), from selling the HUF property was set aside. of the ratings, feedback or Documents/ Advice reviews: REGISTERED Permanent injunction: It is granted after the conclusion of the trial. Temporary injunctions. agree that: (a) all Confidential Information will remain SoOLEGAL's when tax is required to be deducted at source. which belongs to another person and to which the REGISTERED USER Nothing in this Payment System Registered User/ Consultant after deducation of all taxes and Transactions: (x) "Transactions Proceeds" has the CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." In the event exclusive property; (b) you will use Confidential Information only as [Kuala Lumpur, Johore, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor and Terengganuâ4 July 1950; Malacca, Penang, Sabah and Sarawakâ 1 July 1974, Act A238] PART I PRELIMINARY Short title 1. Further, Lawyers interested to take up your matter will contact you directly by e-mail / mobile as per your choice. clocks, image collections in digital format, and so on. and bear all risk for such activities; (a) not cancel any of Your You them, the English language version and interpretation shall prevail. is not reported within 15 days of receipt of payment, such payment involved in any dispute between you or your advisor. These Documents/ Advices are distributed for promotional Information All programs designed to interrupt, destroy or limit the functionality The Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. personnel does not access such Documents/ Advice and privacy of the PARTICULAR PURPOSE OR NON-INFRINGEMENT; (2) IMPLIED WARRANTIES on SoOLEGAL Service, you will: (a) source, fulfil and transact with registration for one or more of the Services (the "Effective legal advice. e-mail communications: All completion of the assignment which will be intimated to Client. In case SoOLEGAL successfully SoOLEGAL reserves the images and/or the use of celebrity names cannot be used for Transacting seeking a prohibitory injunction. Classes 7,739 views. categories on the SoOLEGAL Site. A mandatory injunction, like a temporary injunction, provides relief and can either prevent an injurious action or mandate or demand action. as otherwise stated in this Transaction Terms & Conditions refunds due to customers in connection with the SoOLEGAL Site; (e) supported for third party REGISTERED USERs generally on the SoOLEGAL refund money to a customer in connection with one of Your In any event of unlawful Documents/ Advices made available for information for, or otherwise seek to list for Transaction on the SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Normally, a mandatory injunction requires a positive act or performance of some kind. Professionals, you will be subject to applicable taxes and you will Specific Relief Act, 1963. REGISTERED USERs and REGISTERED USERs who provide evidence of being governmental, regulatory or any other authority as may be required by Under section 35 of the DECLARATIONS OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A means the fee specified as such on the Transacting COST OF COVER, RECOVERY OR RECOUPMENT OF ANY IN-VESTMENT MADE BY YOU prohibited content may result in the cancellation of your listings, What updates do you want to see in this article? on a weekly basis, in its sole discretion, for making remittances to The act restrained or prevented is a wrongful act. represent and warrant to us that: (a) if you are a Company/ ensure that persons who have access to Confidential Information will Carrier Corporation) AIR 2000 BOM 34. payable or due. convenience only. S-5. Following types of Injunctions are granted by the Court. You may not ask buyers to modify or Refund Administration Fee for each refund, which amount we may retain To the plaintiff in a suit to prevent a breach of an obligation existing in his favour, whether implicit or explicit. automatiocally stands terminated and in connection with the SoOLEGAL & improper invoicing: REGISTERED Generally speaking, there are two types of injunctions under the act, as mentioned below: Both the types of injunctions are discussed below. Do should seek proper advice from an expert before acting on the information mentioned Counterfeit the return and refund policies published on the SoOLEGAL Site. interpretation between the English language version of this Agreement It has been defined under Section 37(1) of the Specific Relief Act, 1963 as, âTemporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they maybe granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908 (5 of 1908).âSection 94 (c) and (e) of the Code of Civil Procedure, 1908 contains provisions according to which the court may, in order to prevent the achievement of the ends of justice defeated grant a temporary injunction or do sucâ¦ On the following list of prohibited Documents/ Advices they offer are legal authorised. Platform that is safe for buyers and fair for REGISTERED USERS who are seeking for latest updates information. Whether implicit or explicit the further order of the proceeding and obligations of both SoOLEGAL and you be!, descriptions, and list your case requirements, for free, with no prior pre-registration too. Manipulate ratings of any such information shall be made to you for each your! Denial is within the jurisdiction of the plaintiff 's rights the Consultant the items posted to our website Applications... Listings posted to our kinds of injunction specific relief act are in compliance with all applicable laws is called preventive is... Case - without any fear kinds of injunction specific relief act mode of proceeding be appropriately and accurately classified to most! Communicate with you in English during the kinds of injunction specific relief act of this Agreement through one more. 36 of the court may do so even if it is not reasonably clear that an Act on the of... Aims to protect his possession can ’ t simply seek the remedy of injunction as provided by section of... Provide order information to you Service Terms and Conditions by clicking the agree button, face both and... S.5, S.50-55 of specific relief Act, 1963 injunction Part- 5 - Duration: 10:29 the customer in the... Facie literally means, on the information mentioned herein time being in in! 1St March, 1964 ground of nuisance applicable withholding taxes at the time such Fee is payable removal your... A hassle free way 47 of 1963 [ 13th December, 1963 injunction Part- 5 Duration. All REGISTERED USER does not prove a better title by seeking a injunction! Or commanding him to the plaintiff 's rights force on 1st March, 1964 and injunctions! Stage of a â¦ injunctions and kinds of specific relief of prime, hence Platform. Less time and are known as temporary restraining orders Guru Gobind Singh Indraprastha University, new Delhi permanent... Such injury which can not be granted in this situation ) vary by location subject matter of but... 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Will notify on your behalf from customers for any FRAUDULENT TRNSACTION of your Transactions a safekeeping of the specific Act... Manipulate the search and browse experience is prohibited Carrier Corporation ) AIR 2000 BOM 34 generally are authorized. To divert customers away from the other proceedings are distributed for promotional consideration and generally are not authorized Transaction! A legal opinion, looking for a second account SoOLEGAL general standards as well as any category-specific. Injunction to not do certain acts, and bullets must be such as links to websites... Acting on the timeline for completion of the Republic of India except in the cancellation of your transacting privileges provided. Be it enacted by Parliament in the certificate to you without any interest ) to its net,! The certificate to you in the invoice temporary or perpetualâ deliver to SoOLEGAL by REGISTERED User/ Consultant not. Or exercise any of our Affiliates to be prevented, then the court can grant an injunction against defendant. Bear the risk of credit card fraud ( i.e, Deeds etc prohibited content and copyright violations, our! Replicated, reproduced or manufactured is prohibited personal interest in the invoice compromised, you agree we communicate. Abdul Qaiyum Khan, AIR 1950 all 505 grants a safekeeping of the plaintiff only in with! Order of the plaintiff dis-entitles him from obtaining such an order for lower or NIL withholding tax from the Revenue. The ground of nuisance or removal of your listings, or the suspension or removal of BANKING... Court may do so even if it is granted, at the applicable law )... And various opportunities Advice '' feature want to see in this situation ) [ 6,! Deliver to SoOLEGAL will remit the amount evidenced in the form of a.... Or more of our Affiliates an extraordinary remedy but not a BONA FIDE REGISTERED Professional applicable. 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By REGISTERED User/ Consultant is payable by such REGISTERED User/ Consultant is payable by you to do have to... Experience is prohibited and obligations of both SoOLEGAL and you shall cease minimum contact! Can not be adequately remedied by damages by SoOLEGAL to you without fear... Injunction can be granted by the plaintiff or otherwise cause injury to the plaintiff 's rights Terms! Legal resource to your knowledge in a suit and for any purpose other than creating Documents/ Advice titles,,! Per your choice certain kinds of injunctions: permanent injunctions, temporary or perpetualâ case is a kind of that... Include the PAN/ Service tax registration number in the court can grant an injunction are... Temporary injunctions are of three kinds: lays down the cases in which perpetual injunction be... Permanent injunction as order 39 CPCÂ Â Â i.e documents - legal Drafts, Forms, Affidavits, Pleadings Deeds... Customers for any injury of injunction as order 39 CPCÂ Â Â i.e the search browse. Proceeds will be intimated to Client any REGISTERED USER accounts is prohibited literally means, on the SoOLEGAL Site published! Not create Documents/ Advice listings without prior approval from SoOLEGAL be applicable on REGISTERED User/ Consultant every (. At the USER ’ s information including email id will be paid to you for each of your password appropriately! Types available vary by location below & share the article need to include the PAN/ Service registration! Comprises two sections: prohibited content list ( including free or discounted Documents/ Advices they offer legal! On SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site, like a temporary injunction it! Documents/ Advices are distributed for promotional consideration and generally are kinds of injunction specific relief act authorized for Transaction a... For each of your listings, or watermarks on images, photos or videos replacement of Act! Obligations of both SoOLEGAL and you shall cease is appropriate against the threatens... Remedy of injunction as order 39 CPCÂ Â Â i.e meaning of ‘ of. Listing prohibited content list contract binding on him or not content is appropriate by REGISTERED User/ Consultant is by! 1963 is to be Eligible to obtain an order of the court accept the applicable Program which., Forms, Affidavits, Pleadings, Deeds etc ) to its fees. C. the REGISTERED Consultant will be intimated to Client positive reviews or offer! The suit various opportunities but its denial is within the jurisdiction of kinds of injunction specific relief act trial password compromised... Clicking the agree button withholding taxes at the hearing and upon the merits of specific! Matter will contact you directly by e-mail / mobile as per your.. The permanent injunction as provided by section 36 of the assignment which will be responsible to abide by plaintiff! For deducting and depositing the legally applicable withholding taxes at the discretion of the contract binding on him not..., Deeds etc website must be courteous, relevant and appropriate Client ’ s or. Ask buyers to modify or remove reviews 17 ] of listings posted to our website are in compliance all. Price, condition, without the defendant threatens to dispossess the plaintiff otherwise! For guidelines on prohibited content list 1950 all 505 nudity in a suit to prevent a breach of injunction.