Assignment – BUSINESS LAW

Answer No. 1)

 INTRODCUTION:

Lien is a legal term that refers to the right to keep possession of property until the other
party meets the individual in possession's conditions. The requirement could be the
payment of a past-due capital sum or the imposition of a duty. Lien is a type of self-help.
Because no court intervened, it was dubbed self-help. However, as commerce and trade
evolved, courts recognized that ignoring such an important component could result in
serious harm. Every person has the ability to recklessly maintain whatever he or she
possesses. This could wreak havoc on the alternative and trade systems. Liens were
reclassified as remedies and reintroduced as rights. The nature of the lien is then defined
by the chosen court as an individual's right to keep the location of items until the
possessor's need is met. To put it another way, a touch does not confer a lien.

 CONCEPT AND ANALYSIS:

The Lien rights can be seen in action on a variety of occasions. Several of them are listed
below.

1- A supplier who has not been paid has a lien on the goods in control.

2- A bailee possesses a lien on the property under his control.

There is a significant difference between a pledge and a lien. In the case of Lien, the
character simply reserves the right to keep the energy of the items. He has no right to
promote the assets in his possession. Pledge, on the other hand, is a genuine contract or
agreement between events. The Indian Contract Act of 1972 divides the right to a lien
into two categories: unique Lien and popular Lien. Precise Lien indicates that the Bailee
is free to hold a specific property and is also in a position to charge. However, in simpler
terms, the Bailee has access to respective lien rights in certain circumstances. The critical
requirement is the workout of exertions or ability.

1- Particular Lien- A person has the right to manage the items until all fees owed for
recognising the assets have been paid in full.
D offers E a piece of cloth and a tailor to make a skirt out of. E promises to provide the
dress as soon as it is ready, as well as a four-month credit on the fee. As a result, E has no
legal right to keep the court documents until he receives payment.

Under the law, there is a major difference between a promise and a Lien. In the case of
Lien, the character just reserves the right to keep the products' energy flowing till the end
of time.

Lien is a type of treatment that dates back thousands of years.

2- General Lien- Phase 171 of the Indian Contract Act of 1872 governs general liens. In
the absence of an agreement to the contrary, a standard lien refers to attorneys, bankers,
policy agents, and wharfinger as a security for the account's general stability. Every
service company has the right to a broad Lien. The service providers have the right to
keep the items that are built on them. As a result, bankers, policy agents, factors,
excessive court counsel, and wharfingers are commonly offered.

The Sale of Goods Act of 1930 imposes a lien.

When goods have already been transferred to the client and the client fails to pay the set
price of the specified items to the seller after the transfer has been accomplished, a lien,
as described by this act, gives the seller rights. Lien means that the seller has the legal
right to keep control over the buyer's unquestionable property until he receives all of the
money owed to him for the things he sold. The rights of an unpaid seller are explained in
Sections 46, 47, and 49 of this single statute. The extraordinary dealer can exercise his
authority by keeping the buyer's goods or refusing to deliver the client's results until he
receives his due quantity. Even after the sale contract, the assets over products should be
at the top of the cellar's priorities. This right remains unaffected even when the name is
transferred from the vendor to the purchaser. According to the 1830 Ohio Sales of
Products Act, once a buyer agrees to pay the product or service cost, the seller has no
right to refuse to deliver the products or services to the buyer. If a customer refuses to
pay, the seller might exercise his lion's right and keep the goods or services until the
buyer pays the total price.

For example, in Miles v. Gorton, there were no specifications regarding the transportation
or payment of the goods. The seller can exert control over the buyer's actions until he
receives payment.

If the credit score length expires, a vendor can use the proper lane. If the seller sells the
products on credit, the vendor may keep the products if the buyer expresses a desire not
to pay the amount after the credit score's expiration date. Furthermore, if a buyer refuses
to pay, the seller may exercise the right of lien. If the seller sells the products on credit
 and the credit period has not yet expired, and the client refuses to pay, the seller may
exercise his proper Lien.
 CONCLUSION:

A lien is one of the rights granted to a person to retain custody of another person's
property until the claim of the person exercising control is satisfied. The Bailee is free to
use or exercise the Right of Lien under an Indian Contract Act, 1872 Contract of
Bailment. A lien grants rights to a non-paid dealer under the provisions of this act when
the goods have already been delivered to the customer and the customer fails to pay the
seller for the specified merchandise. A lien is vulnerable to a number of risks, but despite
these risks, liens continue to provide significant assistance and support to operators. A
well-drafted lien provision can be a huge help and support for operators. In the terminals
of Lien globally, the group and subsidiary of a specific business, and in terms of debt and
liabilities that go far beyond traditional terminal services.

Answer No. 2)

 INTRODCUTION:

Under the Federal Green Tribunal Act of 2010, there is a federal green tribunal that
conducts specialised hearings for environmental complaints. The national green tribunal
is also referred to as the NGT. It is also responsible for the effective disposition of cases
pertaining to forest conservation, environmental protection, and the conservation of other
natural resources, in addition to assisting in the handling of such matters. After Australia
and New Zealand, India has become the third country to establish a specialised body to
work on environmental issues. NGT has offices in five cities in India: Delhi, Pune,
Chennai, Kolkata, and Bhopal. It is led by a chairperson and includes expert members as
well as judicial participants. They will hold the position for five years. The chairman of
the organisation is chosen by the country's most powerful authorities and those seeking
justice.
Following Australia and New Zealand, India has become the third country to establish a
specialised environmental body. NGT has offices in the following Indian cities: Delhi,
Pune, Chennai, Kolkata, and Bhopal. It is led by a chairperson and includes both expert
and judicial members. They will be in charge for the next five years. The organization's
chairman is chosen by the country's most powerful officials and those seeking justice.

 CONCEPT AND ANALYSIS:

The tribunal is in charge of all civil cases involving the environment. The NGT has the
authority to compensate and redress victims of environmental damage, such as pollution,
as well as accidents that occur when dealing with any hazardous condition. It is also
responsible for restitution of damaged environment or property. It also has the ability to
impersonate and fine people or corporations. If anyone wishes to file an appeal against
the decision made with the help of the NGT, they must do so within 90 days of the date
of the communication.

NGT's Authority

The entity possesses the ability to manifest civil instances that are related to the
environment. NGT resolves these cases, which may be related to the legislation listed
below.

1- The 1986 Environmental Protection Act

2- The Water Pollution Prevention and Control Act of 1977
3- The Air Pollution Prevention and Control Act of 1981
4- The Public Liability Insurance Act (PLIA), which was enacted in 1991.
5- The Water Pollution Prevention and Control Act of 1974
6- The 1980 Forest Conservation Act
7- The Organic Range Act of 2002

The following are the reasons why the Kingdom Green Tribunal Act was passed:

1- Herbal sources have been under strain for the past few years. The fundamental goal is
to increase transportation, urbanisation, and industrialization. As a result of these
motivations, the countrywide green tribunal act was enacted.

2- Because India is a United Nations member, a cell to address all environmental issues
has been established.

3- The right to a healthy lifestyle and the creation of a healthy environment are the main
objectives.

4- An individual can be punished by the national green tribunal if he causes

environmental damage or injuries as a result of unsafe situations.

5- A national green tribunal also compensates victims of harm to people, the

environment, and property.
 The following are a few cases which involve the country wide green tribunal:
1- Braj basis vs. the Uttar Pradesh government - The Bridge Foundation has presented a
case in which it asserts that the federal government must draught a memorandum of
understanding for the Vrindavan wooded area station. The government claimed that the
foundation's advertisement was merely an invitation, and thus it could not be considered
a contract. The national green tribunal recommended that the federal government
encourage afforestation. The main goal was to make a 100-meter-long belt on each side
of the 'Braj Parikrama.'
2- Union of India vs. Jeet Singh Kanwar - The petitioners brought a lawsuit against the
union for building a coal-fired power plant. The petitioners' main point became that those
energy blossoms would jeopardise environmental stability. However, after a while, the
country's green tribunal discovered that the power plants are not causing excessive
environmental degradation.
3. Vardaman Kaushik vs. Union of India- Due to the expanding population of Delhi, the
court ordered the establishment of a plan prohibiting the use of automobiles older than
ten years. Plastic burning was also prohibited. Following the filing of this case in court,
various cycle tracks were erected, and fines or penalties were imposed on autos parked on
metals and tracks.

 CONCLUSION:

In terms of environmental protection, an institution known as the national green tribunal

is extremely vital to our country's current public and environmental situation. There are
countless examples that are provided for all environmental challenges. I'd want to
propose that it's a tool that both supports and encourages long-term prevention
improvement. It answers all issues relating to land, air, and water, as well as many more.
This organisation issued various rulings in order to resolve all environmental issues. It
also provides energy to the ordinary man to combat any threat to the environment. It also
encourages lawyers with a concentration in environmental law to apply. The national
green tribunal is a corporation that plays an important role in today's world, where many
ecological issues such as global warming, greenhouse gas impact, deforestation,
earthquake, tsunami, and many others are having a significant impact on human
lifestyles. Every country must have an organisation that deals with environmental issues.
Humans have lost sight of the environment as technology and industries have advanced.
Natural assets are dwindling as the sector's population grows, and these problems have
the potential to cause massive destruction for future generations. As a result, the
countrywide green tribunal is an exceptional initiative by the Indian government, and it
must work toward its environmental goals.
Answer No. 3(a)

 INTRODCUTION:

Harassment in the workplace is all too typical these days. An unproductive and poisonous
environment can sabotage a great chance as well as create a toxic work environment. The
difficulty with workplace harassment is that many victims stop reporting it because they
don't know how to deal with it. Several movements sparked a revolution in order to
reduce all sorts of harassment. It can be described as a movement aimed at increasing
awareness of sexual harassment. Employees are frequently unaware that harassment is a
part of their job. Workplace harassment can be considered a violation of the Civil Rights
Act of 1964 since it is a form of discrimination.

 CONCEPT AND ANALYSIS:

Name-calling, physical assaults, inappropriate jokes, mocking, slurs, intimidation,

threats, and other forms of workplace harassment are only a few examples. Workplace
harassment isn't only about sexual harassment, and it's not just about one gender. A boss,
a coworker, a chairman, an employee, or someone from any other division could be the
harasser. For the people who are harassed, all of the harassing acts create a hostile and
intimidating work environment. The following are a few examples of everyday scenarios
that fall under the category of workplace harassment:
1- If the supervisor often requests for liquids and invites you to play with him, this is a
red flag.
Obtaining a significant position inside a company.

2- Rejecting someone only on the basis of their appearance.

3- Criticizing someone's country of origin or making inane jokes.

4- Shaming a person's body

Many Indian law guidelines include a wide range of workplace harassment activities. The
payment of wages act of 1938, harassment based on sex discrimination is covered by the
same remuneration act of 1976, phase 499 addresses defamation and industrial disputes
in 1947, and the maternity benefit act of 1961 are just a few examples of policies that
help to reduce workplace harassment. Jane Doe is a fictional character who appears in the
above-mentioned case. Is going through a period of harassment at work. The Sexual
Harassment of Ladies at Workplaces (Prevention, Prohibition, and Redress) Act of 2013
prohibits such harassment. It is a piece of legislation that protects women against sexual
 harassment at home or at work. The exhibit depicts a hostile work environment as well as
harassment of female employees. Regardless of her job title, age, or whether she works in
the public or private sector, a woman is protected under the legislation. 

 CONCLUSION:

We believe it is a great piece of legislation because it protects women from workplace

harassment. It is critical that the employer implements anti-sexual harassment policies
and evaluates educational applications. All organ organisations must assist women by
enacting policies and enforcing rules that benefit them. As a result, we will conclude that
Jane Doe is subjected to workplace harassment and that they must take legal action to
prevent it from happening again.

Answer No. 3(b)

 INTRODCUTION:

In business, women face a variety of issues, including sexism, harassment, bullying,

sexism, misogyny, and a variety of other issues that affect their lives. Harassment and
bullying can be distinguished from one another, it can be said. Because bullying is not
typically observed in the workplace, it can include activities such as name-calling, jokes,
shaming, and cyber bullying, as well as harbouring resentment for a variety of reasons
such as cultural differences. It is critical to understand that there are no workplace
bullying regulations in place. Workplace harassment against women is frequently
characterised by inappropriate sexual behaviours and gestures.

 CONCEPT AND ANALYSIS:

The demand for sexual favours in exchange for an office promotion, physical contact, the
exposure of pornography, the propagation of rumours about a woman's sexual
relationship, sexual verbal or nonverbal behaviour, and sexual remarks are all examples
of administrative centre harassment. In order to deal with administrative centre
harassment, a female might follow a few tips.

Any harassment in the workplace must be reported by a woman. She or he should use
forceful frame language and raise her voice in response to any ill-remedy.

1- Keep in mind that many ladies choose to remain silent when confronted with
harassment.
 2- Always keep records- If you encounter hostile behaviour at your workplace, you
should begin recording everything, including CCTV images, phone calls, emails,
statistics, SMS, and much more. You can gather all of the evidence and file a
complaint against the harasser.

3- Do not resubmit your complaint- There is a good chance that when you file your
complaint, the investigation team begins looking for loopholes in your criticism in
order to preserve the agency's reputation. In this case, you must maintain your
composure and should not retake your grievance. If you try this, your image will most
likely suffer as a result.

4- Use the law if you believe the organization's investigation is no longer fair- there are
many cases where a company's research group does not determine your desire. If you
are dissatisfied with your options, you should consider going to prison. You could file
a FIR at a police station, contact an NGO that deals with girls' issues, or even go to a
national commission for girls. This type of legal entity can help you fight workplace
harassment.

 CONCLUSION:

Harassment in the workplace has become more common in recent years. Many women
today face difficulties in finding work in today's world. In many cases, women choose to
accept the harassment and refrain from pursuing legal action against the harasser. In
India, there are numerous laws in place to assist women in their fight against workplace
harassment.