Ans 1

The Indian Contract Act was enacted in 1872 and came into force on
1st September 1872. The word 'contract' has been derived from the Latin
word 'contructus' which means 'to work on contract'.
Sale of goods act 1930 is applicable all over India. Under the act, goods
sold from owner to buyer must be sold for a certain price and at a given
period of time. The act was amended on 23 September 1963, and was
renamed to the Sale of Goods Act, 1930
Under Indian contract act 1872
Lien
A lien is the right to retain the lawful possession of another person's
piece of property until the owner fulfills a legal duty to the person holding
the property, such as the payment of lawful charges for work done on the
property. A mortgage is a common lien.

Two Types of Liens

There are two types of liens: particular and general. When a person claims
a right to retain property, in respect of money or labor expended on such
particular property, this is a particular lien. Liens may arise in three ways:

• By express contract.
• From implied contract, as from general or particular usage of trade.
• By legal relation between the parties, which may be created in three
ways:

o When the law casts an obligation on a party to do a particular

act and in return for which, to secure him payment, it gives him
such lien; common carriers and inn keepers are among this
number.
o When goods are delivered to a tradesman or any other
individual to expend his labor upon, he is entitled to detain
those goods until he is remunerated for the labor which he so
expends.
 o When goods have been saved from the perils of the sea, the
salvor may detain them until his claim for salvage is satisfied;
but in no other case has the finder of goods a lien.

General liens arise in three ways:

• By the agreement of the parties.

• By the general usage of trade.
• By particular usage of trade.

(i) Particular Lien:

Section 170 of the Indian Contract Act, 1872 which

confers on the Bailee, the right of particular lien. A particular lien
gives the right to retain possession only of goods in respect of
which the changes or dues have arisen. The right of particular
lien can be successfully claimed if, by the exercise of labour or
skill, there has been some improvement of the goods.The Right of
Particular Lien can be claimed only in respect of goods upon
which labour or skill has been exercised by the Bailee.

Example:

A delivers a rough diamond to B, a jeweller, to be cut

and polished, which is accordingly done. B is entitled to retain the
stone till he is paid for the services he has rendered.

(ii) General Lien:

Section 171 of the Indian Contract Act,1872 confer on

Bailee the right of General Lien. General Lien is one which gives
the right to possession until the whole balance of the amount is
paid.
The right of General lien can be claimed in respect of any goods
for any change due in respect of other goods.

Example:

The banker’s Lien is a general lien and he can retain

the goods for the satisfaction of a debt other than the one for
which the goods are pledged.Lien under sale of goods act 1930
Rights of Lien
Seller’s Lien (Section 47)
According to subsection (1) of Section 47 of the Sale of Goods Act, 1930, an
unpaid seller, who is in possession of the goods can retain their possession until
payment. This is possible in the following cases:

1. He sells the goods without any stipulation for credit

2. The goods are sold on credit but the credit term has expired.
3. The buyer becomes insolvent.
Subsection (2) specifies that the unpaid seller can exercise his right of lien
notwithstanding that he is in possession of the goods acting as an agent or bailee for
the buyer.

Part-delivery (Section 48)

Further, Section 48 states that if an unpaid seller makes part-delivery of the goods,
then he may exercise his right of lien on the remainder. This is valid unless there is
an agreement between the buyer and the seller for waiving the lien under part-
delivery.

Termination of Lien (Section 49)

According to subsection (1) of Section 49 of the Sale of Goods Act, 1930, an
unpaid seller loses his lien:

• If he delivers the goods to a carrier or other bailee for transmission to

the buyer without reserving the right of disposal of the goods.
 • When the buyer or his agent obtain possession of the goods lawfully.
• By waiver.

Ans 2
National green tribunal
Article 21 of the Indian Constitution has been interpreted mean several things. One
of such interpretations laid down by the court was that people do have a right to live
in a healthy environment right to have the enjoyment of quality of life and living and
right of enjoyment of pollution free water and air for full enjoyment of life.Inspired
from the constitutional provision under Article 21, the National Green Tribunal
through the National Green Tribunal Act, 2010 (Act 19 of 2010) came into being.
The objective of this forum was the expeditious disposal of cases relating to the
conservation of forests, protection of environment and natural resources.
Objectives of NGT
• To provide a specialized forum for effective and speedy
disposal of cases pertaining to environment
protection,
• Conservation of forests and for seeking compensation
for damages caused to people or property due to
violation of environmental laws
Legal jurisdiction of NGT
The Water (Prevention and Control of Pollution) Act, 1974
• The Forest (Conservation) Act, 1980
• The Air (Prevention and Control of Pollution) Act, 1981
• The Environment (Protection) Act, 1986
• The Public Liability Insurance Act, 1991
• The Biological Diversity Act, 2002

National green tribunal judgments

1.Ms. Betty C. Alvares vs. The State of Goa and Ors.
Even a Foreign National Can Approach the NGT
Facts and Issues
A complaint regarding various instances of illegal construction in the Coastal
Regulation Zone of Candolim, Goa was made by a personal of foreign nationality.
Her name was Betta Alvarez.

• Beforethe case could be decided on merits the maintainability of the main

application was challenged.
Objections
There were two objections:

1. The first objection was that Betty Alvarez had no locus standi in the matter
because she was not an Indian citizen and thus legally incompetent to file
the petition under Article 21 because as a non-citizen, she has not been
guaranteed any right under the Indian Constitution.
2. The second objection was that the matter was barred by the law of limitation
and should be dismissed. The case was initiated in the Hon’ble High Court
of Bombay Bench at Goa in the form of a PIL but by an order dated Oct 23,
2012, the Writ Petition was transferred to the National Green Tribunal.
Judgment

• Regarding the first and main objection by the Respondents in this matter, the
Tribunal disagreed from taking a narrow view of the right guaranteed under
Article 21 of the Constitution of India.
• The Tribunal in bold terms stated that even assuming that the Applicant –
Betty Alvarez is not a citizen of India, the Application is still maintainable
as she had filed several other writ petitions and contempt applications before
she filed the present application, in which she had asserted that the
Respondents had raised some illegal constructions by way of which they
were encroaching the sea beaches along with governmental properties.
• Betty by her application sought the demolition of such illegal construction.
When despite finding substance in the complaints of Ms. Betty Alvarez the
concerned authorities did not take the requisite action, the Petitioner
approached the High Court.
• In order to answer the issue about locus standi, the court impressed on a plain
reading of Section 2(j) of the National Green Tribunal Act, 2010, the very
act by which the Tribunal has come into being. Interpreting this section, the
Tribunal found that the word ‘person’ deserves to be construed in a broad
 sense to include an individual, whether a national or a person who is not an
Indian citizen. The Court noted that going into the details of Betty’s
nationality is not required.
• The Court laid down in very bold terms that once it is found that any person
can file a proceeding related to the environmental dispute, Ms. Betty’s
application is maintainable without regards to the question of her
nationality.

2.Almitra H. Patel & Ors. vs. Union of India and Ors.

Complete prohibition on open burning of waste on lands
Facts and Issues
Decided less than a year ago, this case has been the single biggest landmark case
dealing with the issue of solid waste management in India.

• Inthis case, Mrs. Almitra Patel and another had filed a PIL under Article 32
of the Constitution of India before the Apex Court whereby the Petitioner
sought the immediate and urgent improvement in the practices that are
presently adopted for the way Municipal Solid Waste or garbage is treated
in India.
• The Tribunal found that the magnitude of the problem was gigantic because
over a lakh tonnes of raw garbage is dumped every day and there is no
proper treatment of this raw garbage which is dumped just outside the city
limits on land, along highway, lakes, nalas etc.
• The entire country generated over 133760 MT of waste every day as of 2012-
2013 and this rate has been increasing with the passage of time.
• The Tribunal noted the requirement of conversion of this waste into a source
of power and fuel to be used for society’s benefit, taking into consideration
the Principles of Circular Economy.
Judgment

• The Tribunal after having evaluated every aspect of this problem issued over
25 directions.
• The Tribunal directed every state and UT to implement the Solid Waste
Management Rules, 2016 immediately and prepare an action plan in terms
of the Rules within 4 weeks.
• Further, the Tribunal Directed the Central Government, state governments,
local bodies and all citizens to perform their respective obligations under
the Rules without any delay.
 • Direction was issued to ensure proper segregation before processing of waste
in energy plants. It mandated the provision of buffer zones around plants
and landfills as required.
• Absolute segregation has been made mandatory in waste to energy plants and
landfills should be used for depositing inert waste only and are subject to
bio-stabilization within 6 months.
• The most important direction of the Tribunal was a complete prohibition on
open burning of waste on lands, including at landfills.

Ans 3 a
Harassment

a person that causes mental or emotional suffering,

which includes repeated unwanted contacts without
a reasonable purpose, insults, threats, touching,or offensive language

SEXUAL HARASSMENT
Harassment is a form of employment discrimination that violates several
federal and state laws. Sexual harassment is persistent, unwanted sexual
advances, verbal abuse, and/or demands for sexual favors. Behavior becomes
illegal when enduring the harassment is a condition of continued employment
and creates an environment that is hostile or intimidating. If an employer has
more than a handful of employees, it’s likely harassment will be a problem.
There were 12,860 charges filed with the EEOC alleging sex-based harassment
in 2016. One in three women face harassment in the workplace yet 70 percent
of women say they have never reported it.

Workplace Sexual Harassment

There are two types of workplace sexual harassment. The first type is called
“hostile work environment” sexual harassment, and the second is called
“quid pro quo” sexual harassment.

Hostile work environment sexual harassment can happen in two ways:

 1.Someone you work with makes you the target of unwelcome sexually
suggestive or demeaning comments, repeated and unwelcome
requests for dates, offensive gestures, offensive touching, jokes or
pranks, intimidating behaviors, or pornographic materials.
2.The other way hostile work environment harassment occurs is if your
employer provides less favorable conditions of employment to you
than to your different-sex co-workers simply because of your gender
status. This can include discriminatory hiring procedures, hours,
wages, promotions, work schedules, work assignments, vacation or
sick leave benefits, job evaluation, discipline, and termination (firing).

Quid pro quo sexual harassment happens when a supervisor or other

manager asks or demands sexual contact from you in return for employment
benefits or promotions.

It can still be sexual harassment even if you didn’t say “no.” If you felt
pressured to have sexual contact because you were embarrassed to say no,
or afraid you would lose your job, or afraid you would be punished at work,
then your sexual contact could have been a form of illegal harassment. Your
gender status does not have to be the only reason you were singled out for
this unfair treatment, but it must be a large part of the reason you were
harassed.

Yes, jane doe is a victim of sexual harasment

Facts and action

• “ the last 2 months she has found that few of the employees of the
conglomerate company have during discussions have been hostile and
offensive. “
• “She has been made to sit in office late despite of completing her job
and she filling her time sheet. “
• “ on numerous occasions she has been yelled at.”
• “ discussions during the meetings have veered and are covered with
innuendos, which she felt unwelcome to be part of.”
 • “In fact few of the employees had insisted on taking her out for a
private dinner which she declined and thereafter her performance has
been rated ‘below average’. “

ONT Ans 3 b
Section 354 (A): A man committing any physical contact, advances involving
unwelcome and explicit sexual overtures; or demanding or requesting sexual
favours; or showing pornography against the will of a woman; or making sexually
coloured remarks, shall be guilty of the offence of sexual harassment.It entails a
punishment of rigorous imprisonment for a term which may extend to three years.

Jane doe can report is HARASSMENT to Internal complaints commiitte which has
been made according to sexual harassment of women at workplace (prevention,
prohibition and redressal) Act 2013 And that harassment should be dealt with an
strict action.

Internal complaint commiitte

Objectives:
• Prohibition of any various levelled persecution practiced in view of sex
imbalance that forbids scholarly or scholastic development.
• Prevention of sexual orientation one-sided disposition with regards to the
settling of the viability of work dispensed inside working hours.
• Protection of the basic privileges of women.
Roles and Responsibilities:
• To assist ladies with realizing their rights of Freedom.
• To regard inappropriate behaviour as an offense and start reformatory
activities for such wrongdoing.
• To help the distressed lady to put the grumbling.
• To protect the person who is exploited.
Procedure of Complaint:
Any bothered woman would hold up the objection in composed and would
submit it to the Committee shaped in the organization. The Internal Committee
may before starting the procedure of request find a way to determine the issue
between the distressed lady and the respondent through mollification.
Punishment:
• Severe discipline prompting detainment
• Heavy Fine
• Cancellation of admission
• Exemption from examination
• Suspension

But according to jane doe statement her employer is not taking any action so jane
soe can complaint it to an external commiitte as in her office there is bo such
committee.
And her employer will be punished with a penalty of rs 50000 as he is not taking
any action.