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The law leading contracts in India is codified in the Indian Contract Act. It does not establish
a set of legally compulsory rights and obligations, but rather a set of limiting principles
within which the parties can develop their own rights and obligations. Any agreement not
prohibited by law is considered a valid contract under Section 10 of the Contracts Act, if it
was entered into voluntarily by persons with legal capacity, for a legitimate consideration,
and for a lawful purpose. There must be mutual treaty between at least two parties for there to
be a contract. A contract with oneself is impossible. There are two parts to any agreement: the
offer or proposal made by one party and the acceptance of that offer or proposal by the other
side. If a contract lacks any of the necessary elements, it may be null and void, illegal, or
unenforceable. To be valid, a contract must meet all of the criteria for the formation of a
binding legal agreement set forth in Section 10 of the Contracts Act.
Essential elements of contracts
Minimum two parties: At least two parties are necessary to form a contract because one
person cannot enter into a bond with himself. To form a indenture, one party has to make an
offer and the other must accept it.
Offer and acceptance: Around must be an offer and an acceptance to the offer, resulting into
an agreement. Both offer and acceptance should be lawful.
Intention to create legal obligation: The parties must create a legal obligation. In business
agreements, an intention to create legal relations is recognized, unless the parties have
expressly agreed to do so otherwise.
Lawful Consideration: An agreement is lawfully enforceable only when each of the parties
thereto gives somewhat and gets approximately that is a consideration. Contemplation may
be past, present or future.
Competent Parties: The parties to the contract must be competent i.e., of the age of common
(Over 18 Years), of complete mind and not ineligible from contracting by any Law to which
they are subject to. Thus; a minor, lunatic, idiot, drunkard, etc. cannot, excluding for some
special cases, enter into a valid indenture.
Free Consent: All the parties must give their free consent, to form a valid contract. Consent
means that the parties must agree about the subject matter of the agreement in the same sense
and at the same time (Consensus-ad-idem). Consent is said to be free unless it is induced by
coercion, undue influence, fraud, misrepresentation or mistake.
Undue influence (Section 16): "When a person who is in a spot to control the will of another
enters into a contract with him and the business seems on the face of it, or on the evidence, to
be unconscionable, the burden of proving that such contract was not induced by undue
inspiration shall lie on the person in the position to control the other person." A manager at a
higher level may pressure an employee at a lower level to sign a contract defining the latter's
specific duties. Because the senior manager is in a position of authority, this contract cannot
stand. A company's identity is shaped not just by the goods and services it offers, but also by
the people who buy those goods and services.
Fraud (Section 17): The term "fraud" refers to any of the following actions taken by a
revelry to a contract, or with his knowledge, or by his agent, with the intention of misleading
another party to the contract or his agent, or to persuade him to engage into it. For instance,
Ramesh advises Pintu to purchase a mobile phone from Rajat's store because he is a sincere
individual and provides quality products, but it was subsequently discovered that Rajat sells
duplicate products and does not even respond to customers' demands once they are informed
of the same.
It is crucial that we protect the environment, or else we risk endangering the lives of
numerous people, animals, plants, and even our own. Our environment's various ecosystems
are intricately linked. We must take this issue seriously if we want a decent place to live. We
wouldn't have a place to live or resources to rely on if our environment didn't exist. Living a
more sustainable lifestyle benefits the forests where we once hunted and fished. We can get
timber, wood, rubber, and even essential oils from our forests. Working to preserve the
environment is a way to give back to the next generation. After all, it is your generation that
is utilising and residing in it right now.
Real life cases where courts have intervened to protect environment or prevent
degradation/pollution of environment
Supreme Court of India case Municipal Council, Ratlam v. Shri Vardhichand & Others
In this case, some Ratlam city residents complained to the Sub-Divisional Magistrate that the
municipality was not building suitable drains and that the petitioners were being bothered by
the stench and stink generated by the surrounding slum-dwellers' activity. After receiving a
complaint from Ratlam city citizens (which was later approved by the High Court), the Sub
Divisional Magistrate of the Ratlam district ordered the municipality to create a proper
development plan within six months. After that, the municipality filed an appeal with India's
top court, alleging that they had the necessary resources and financial backing to follow the
sub divisional magistrate of Ratlam city's directive.
Malaria-causing contamination from alcohol manufacturing runoff was a major issue for
respondents. The Ratlam City Sub Divisional Magistrate issued the order to prevent pollution
from alcohol plants from spreading to residential areas, and the Supreme Court has urged the
Ratlam Municipal Council to comply without delay. The Supreme Court determined that
private polluters and sloppy municipal planning were to blame for the problem, and that a
pollution-free environment is a component of the right to life under Article 21. In addition,
the Court ruled that if a municipality requires funds to carry out a court order, it will increase
its demand from the State government through elitist projects and ask for loans from the State
government using savings from public health expenditures.
Final words
Finally, it may be claimed that the environment in which we all live should be preserved in
every way feasible. If the environment is polluted, it will have negative impacts, thus we
should act responsibly for our own benefit. Although the government and other authorities
are performing their jobs, it is our responsibility as citizens to work together to maintain a
clean environment. It should be treated seriously since it would be a fantastic gift for our
future generations.
Answer: a) Employees’ Provident Fund Act, 1952
This scheme is to induce employees to save a portion of their earning for retiring days as old
age benefit. The Act was established in fulfilment of the objective of the Employee’s
Provident Fund Bill, 1951 for the industrial workers to protect the future of their dependants
in the case of unemployment after retirement or the death of an earning member. The Act was
passed to have some necessities for the upcoming of the industrial worker after retirement or
for his dependants in the case of his death. These objectives can be summarized as below:
1. To provide considerable security and timely monetary support to industrial workers and
their families as a social obligation to protect them in old age.
2. To provide a arrangement for the institutions of provident fund and pension schemes for
regularizing the payments to retired persons.
The Provident Fund Scheme, on endorsement of the Central Board, declares the rate of
interest to be attributed to the account of the fund subscriber. The employee can extract the
full amount stand-up to his credit in the event of
Retirement from service
Retirement on account of permanent and total disablement
Migration from India for permanent settlement abroad and
On termination from the services in the course of mass economizing.
The actual handover of the provident fund account accumulated with interest can take place
in cases as:
Re-employment in another region or sub-region
On leaving one establishment and joining other entitled for this Scheme
Re-employment in establishments not covered under this Act.
Employees can contribute to the provident fund and the fixed contribution percentage is 12%.
Besides the above contributions, the employer is also required to contribute towards the
administration of funds. The contribution is made of the basic salary. The contribution is
mandatory when the employee wages/salary is up to Rs.15,000.
b) The Payment of Gratuity Act is social welfare legislation, for the word “gratuity” means
something given voluntarily or beyond obligation. In modern industrial law, the employer
and employee relations demand gratuitous payment not as an option of the employer but is
deemed to be a duty cast on him to pay his employee a share of the bounty earned through his
labour, subject to certain conditions and mitigations. At the same time, the employee has a
right to demand such payment if those conditions are not satisfied.
Its main objective is to accept the gratuity payment as a compulsory statutory benefit as
against a gracious gift to the employee by the employer. The aim to introduce this legislation
to certain
establishments and industries are to enforce a measure of social justice or social security. It is
applicable to certain industries and establishments in India such as factories, commercial
establishments, mines, oil fields, plantations, ports and railways, wherever 10 or more people
are employed or were working on any day of the earlier 12 months.
Employers are permitted to withhold a portion of a worker's gratuity for bad performance, up
to a maximum of 10 lakhs.