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Answer no.

INTRODUCTION
Lien is the right of ownership to someone else's property until the other meets the owner's
demands. The demand may well be any- activity an obligation or paying a due total of money.
Since lien is reliant upon ownership, it is called 'possessory lien'. Lien may arise by statute,
contract or general course of dealings in the particular trade.

Lien was in the idea of the cure and it was perceived as a right. The basis of the lien contract
was that it was not between the parties and that the party had rights even though it was imposed
lawfully by common law courts.

The Indian Contract Act of 1872 states that the Bailee has the right to a specific lien, subject to
certain restrictions. Among several conditions, the most crucial is the exercise of skill or labour
in relation to the goods produced. Furthermore, it has frequently been stated that the Bailee's
skill or labour must be of such a character that the mayor will improve the quality of the
commodities.

CONTENT

Importance of Lien

A lien is the right to keep possession of someone else's property until that person meets the
person in possession's demands. The remedy was in the possession of Lien, and it was
recognised as a right. The premise of the lien contract was that it was not between the parties,
and the party had rights since it was imposed by common law courts. As a result, here is the
significance of lien.

TYPES OF LIEN
According to Indian Contract Act 1872, there are two types of lien, namely particular lien and
general lien, which has explained as follows.

Particular Lien:
Section 170 specifies the Bailee's specific lien, which states that where the Bailee has rendered
any service in accordance with the purpose of Bailment,

A) A gives a watch to B, a shopkeeper, to repair, and he expects it to be done properly. B has


the right to keep the watch until he is paid for the services he has provided.

General Lien:
Section 171 of the Indian Contract Act of 1872 defines a general lien. In the absence of a
contract to the contrary, bankers, factors, wharfing, attorneys, and policy brokers retain, as a
security for the general balance of the account, and any commodities which are to be bailed to
them, unless there is an express contract to the contrary.
Right to General Lien

Bankers: The bank has broad authority over all types of securities or negotiable instruments
deposited by or on behalf of clients in the regular course of banking operations.

Factors: Factor denotes that the commodities were committed to an agent for the sole purpose
of selling them to the principal. When a person is given custody of items for the purpose of
sale in the ordinary course of business. He will thereafter have a general lien on these types of
goods.

Wharfingers: The word Wharf means a place that is contiguous with water and it is used for
the purpose of loading and unloading of the goods.

Attorneys: Advocates are permitted to retain papers, documents, money, securities and other
property of the clients till their debt is satisfied.

Policy Brokers: Professional who acts as an intermediary between consumers and an insurance
company.

Right of unpaid seller against goods

A vendor who has not been paid has certain rights against the products and the buyer. In this
article, we'll look at the rights of an unpaid seller against goods under the Sale of Goods Act,
1930, such as rights of lien, rights of halt in transit, and so on.

Rights of Lien
Seller’s Lien (Section47)
According to section 47(1) of the sales goods Act 1930, an unpaid seller who is in possession
of the goods may keep it until payment is received.

This is possible in the following case:


1. He sells the goods without requiring payment in advance.
2. The products were purchased on credit, however the credit period has already ended.
3. When the buyer becomes insolvent.

According to section 47(2) the unpaid seller can use his right of lien even if he is in possession
of the goods as an agent or Bailee for the buyer.

Part-delivery (Section 48)


Furthermore, Section 48 specifies that if an unpaid seller delivers just half of the items, he may
exercise his lien on the remaining products. This is true unless the buyer and seller have agreed
to waive the lien in the case of part-delivery.
Termination of Lien (Section 49)
According to section49 (1) of the Sales Goods Act 1930 Unpaid sellers lose their lien.
 If he gives the goods to a carrier or other Bailee without reserving the right to dispose
of the items.
 When the buyer or his agent has legitimately obtained possession of the items.
 By way of waiver.
Subsection (2) further provides that an unpaid seller with a lien does not lose his claim simply
because he got a judgement for the price of the goods.
For example,
If the products are still in transit the products are in transit because A refuses to accept delivery
and does not make payment. As a result, B can use his right of halt in transportation and retrieve
the items.

CONCLUSION

A lien is one of the rights available to a person to maintain custody of items held by another
person until the person in control's assertion is fulfilled. The Bailee is free to utilise or exercise
the Right of Lien under a Contract of Bailment under the Indian Contract Act of 1872.

General Lien, in my opinion, is a far more effective weapon for securing the outstanding debt.
However, it has its own limitations and concerns, notably in terms of possible responsibility.
Essentially, if a general operator seeks to exercise a lien and then resolves to pursue the case
through something potentially challenging in commercial talks to a successful end.
Answer no.2

INTRODUCTION

The National Green Tribunal, formed in 2010 in accordance with the National Green Tribunal
Act, is a specialised judicial body with competence dedicated entirely to the adjudication of
environmental matters in the country.

Recognizing that most environmental cases involve multi-disciplinary issues that are best
addressed in a specialised forum, the Tribunal was established in accordance with Supreme
Court recommendations, the Law Commission's recommendations, and India's international
law obligations to develop and implement national environmental laws.
The Tribunal's mission is to provide effective and timely relief in situations involving
environmental preservation, forest and other natural resource conservation, and the
enforcement of any environmental legal claim. The Tribunal's decisions are final, and it has the
authority to provide remedy in the form of compensation and damages to those who have been
harmed.

CONTENT

The Tribunal operates in five zones: North, Central, East, South, and West. The Principal
Bench is located in the North Zone and is based in Delhi.
The Central Zone bench is in Bhopal, the East Zone is in Kolkata, the South Zone is in Chennai,
and the West Zone is in Pune.
The Tribunal is chaired by the Chairperson, who sits on the Principal Bench, and is made up
of at least ten judicial and ten expert members.

The most important provision and objective of this NGT Act is the establishment of the NGT
to look after the laws as mentioned in scheduled I of the NGT Act as follows.

1. The Water (Prevention and Control of Pollution) Act, 1974;


2. The Water (Prevention and Control of Pollution) Cess Act, 1977;
3. The Forest (Conservation) Act, 1980;
4. The Air (Prevention and Control of Pollution) Act, 1981;
5. The Environment (Protection) Act, 1986;
6. The Public Liability Insurance Act, 1991;
7. The Biological Diversity Act, 2002.

The Tribunal has jurisdiction over all civil cases involving a significant environmental concern
and the question. Furthermore, any individual who is dissatisfied with an order/direction issued
by any of the Appellate Authorities listed above may file a complaint with the National Green
Tribunal.

The following are the two judgements or orders which are discussed below.

1. Case no: Paryavaran Suraksha Samiti and Others vs. Union of India and Others (O.A. No.
593/2017)
Issue: Effluent Treatment Plants (ETPs), Common Effluent Treatment Plants (CETPs), and
Sewage Treatment Plants (STPs) construction and operation (STPs) Date: February 19, 2019

Impact: The Tribunal is keeping an eye on the Supreme Court's 2017 ruling on the formation
and operation of ETPs, CETPs, and STPs. The Tribunal acknowledged the methodology used
for calculating environmental compensation and the action plan to use the fund in a report filed
by the Central Pollution Control Board in December 2018. The compensation would be a
minimum of Rs. 5000 per day, and it might be split into two parts: immediate assistance and
long-term efforts like clean up. CPCB has also informed the court that separate report is being
prepared for municipal solid waste and sewage.
The scientific method for calculating polluting businesses' environmental compensation is a
big step forward in the fight against pollution. The Environmental Compensation to be charged
on all violations of the Graded Response Action Plan (GRAP) in Delhi NCR is also listed in
the Action Plan. According to Supreme Court orders, the GRAP was notified in 2017 to be
implemented under different Air Quality Index (AQI) categories, namely Moderate & Poor,
Very Poor, and Severe, as defined by the National Air Quality Index.

2. Case: V. Manickam vs. the Secretary of the Tamil Nadu Pollution Control Board & Others
(O.A. No. 51/2015 (SZ))
Issue: Pollution of the Thirumanimuthar River in Tamil Nadu as a result of industrial effluent
and municipal sewage discharge.
Date: February 4, 2019
Impact: The Tribunal was very concerned about the dire situation in Salem district, where the
Salem Municipal Corporation has failed to prevent and control contamination of the
Thirumanimuthar River. In 2009, the Madras High Court ordered the closure of 155 unlawful
dyeing and bleaching plants in Salem District. However, untreated effluents continue to be
discharged into the river. The STPs were supposed to go into effect in October 2018. The work
has not yet been finished, and it is unclear if an underground sewerage system has been
installed.
Due to the discrepancies, the Tribunal ordered a joint inspection by a team consisting of
representatives from the CPCB and the Tamil Nadu Pollution Control Board to determine the
current status and determine how much compensation should be recovered from the Salem
Municipal Corporation and polluting industries. Meanwhile, Salem Municipal Corporation has
been ordered to deposit an interim compensation of Rs. 25 lakhs with the CPCB within one
month, as well as provide a Performance Guarantee of Rs 50 lakhs to the CPCB to ensure that
untreated effluents are not discharged, and that necessary steps to prevent such discharge are
taken positively within three months, failing which the Performance Guarantee will be
forfeited.

CONCLUSION

There is a need for increased autonomy and to broaden the scope of the NGT in order to
effectively safeguard the environment while balancing human development activities.
Expeditious decision making is beneficial not only to litigants but also enables prevention of
potential environmental damage instead of compensating for damage already caused. Serving
the orders and soliciting answers by email saves time and allows the Tribunal to make
judgments in a timely way. To satisfy the demands of the plaintiffs, the Principal Bench in New
Delhi is hearing petitions from other jurisdictions remotely through video conference in the
absence of full strength of judicial and expert members in regional benches of the Tribunal
located in Chennai, Pune, Bhopal, and Kolkata.

Answer no.3 (a)

INTRODUCTION
These days, we are all hearing about incidents in which one or more people were subjected to
sexual harassment at work. It has recently become a threat. Anyone, regardless of gender,
colour, caste, nationality, or other characteristics, can be a victim of sexual harassment at work.
There were no regulations in existence until recently that allowed allegations of sexual
harassment in the workplace to be tried.
An unproductive and poisonous workplace may waste a fantastic chance while also creating a
toxic climate for a firm. The issue with workplace harassment is that many victims stop
reporting it because they don't know how to manage it. Several movements resulted in a
reduction revolution.

CONTENT

Yes, the facts and the actions which Jane Doe faced in the organisation which described above
is comes under the constitution harassment. However, India has implemented the Sexual
Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013,
(“POSH Act”) which is specifically for situations of sexual harassment at workplace and to
prevent redress the complaints of sexual harassment and related to the matter. POSH Act, 2013

In 2013, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and


Redressal) Act (also known as the "POSH Act") was passed. It is based on the Vaisakha
Guidelines and establishes a mechanism for dealing with workplace sexual harassment
complaints.
The POSH Act entails the following:

 An Internal Committee (formerly known as the Internal Complaints Committee) should


be established in any workplace with more than ten employees to handle sexual
harassment complaints.
 When a complaint is filed, the Internal Committee (IC) will investigate the matter and
make recommendations to the employer about their findings of guilt or innocence, as
well as the consequences.

 The POSH Act is not gender neutral, so anyone who wants to file a complaint must be
a woman.

The main objectives of the POSH Act, 2013 are explained below.

 To guarantee the right to gender equality, life, liberty, and a good working environment.
 To increase women's participation in the labour force, which could lead to economic
empowerment and, as a result, more inclusive growth.
 To provide a safe working environment for women and to create an enabling
environment that recognises women's right to equal status and opportunity.

Answer no.3 (b)

INTRODUCTION

Women in business face a variety of issues, including sexism, harassment, bullying, sexism,
misogyny, and a variety of other issues that have an impact on their lives. It's possible to tell
the difference between harassment and bullying. Because bullying isn't the type of behaviour
you'd expect to see at work, employers are required to establish an Internal Complaint
Committee under the sexual harassment of women at work (prevention, prohibition, and
redressal) Act 2013. (ICC).

CONTENT

Complaint Resolution Procedures

Complaints should be submitted as soon as possible following the occurrence of an incident,


preferably in writing. If an employee refuses to provide information in writing, the HR director
may assist the complainant in completing a written statement, or the HR director may dictate
the verbal complaint. To ensure that a sexual harassment complaint is investigated promptly
and thoroughly, the complainant should provide as much of the following information as
possible:

1. The name, department, and position of the person or people accused of harassing you.
2. A description of the incident(s), including the date(s), location(s), and whether any
witnesses were present.
3. The impact of the incident(s) on the complainant's ability to perform his or her job, as
well as other employment terms and conditions. The names of other people who may
have been harassed in the same or similar ways.
4. What steps has the complainant taken, if any, to try to stop the harassment?
5. Anything else the complainant thinks is relevant to the harassment complaint.

Action to be taken
An employee may be subjected to a penalty up to Rs50000 in the following cases:
 if it is unable to form the ICC
 It fails to implement the recommendations of the ICC.
 Conservation or attempting to contravene the rules or provision of the POSH Act
 If an employer repeat any breach, he shall be subjected to twice the punishment, higher
punishment cancelation/ withdrawal/non-renewal of registration license required for
carrying on business or activities.

CONCLUSION

Sexual harassment of women at work is a common occurrence in India. If strict action is not
taken against this crime, it will directly affect the working ration of women in India, as well as
the country's economic situation. Because women make up a large portion of the working
population in our country, the government should enact strict laws prohibiting sexual
harassment in the workplace. It should be abolished in order to protect women's dignity and
respect. Institutions and organisations must implement a variety of new approaches and skills
in order to protect their female employees from such a social blight. The main goal of the
stabilisation of this right is to promote gender equality at work without discrimination or
discrimination among an organization's employees.

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