Business Law

Q1. Explain Lien under Contract Act, 1872 and Sale of Goods Act, 1930, along with
respective examples. (10 Marks)

Ans 1.
Introduction

The Black's Law Dictionary characterizes lien as "a legitimate right or interest that a leaser has in
another's property, enduring for the most part until an obligation or obligation that it gets is
fulfilled". Merchant's Lien has additionally been characterized under the Black's Law Dictionary
as a lien held by a vender of merchandise, who holds ownership of the products until the
purchaser has settled completely.

The term lien infers that the property in the products has vested in the purchaser, on the grounds
that no man can have a lien on his own merchandise. A lien fundamentally surmises that the
property in the merchandise has passed, as the vender can't be said to have a right of lien on his
own property, which is in the idea of a right of pain over the property of another.

It is settled law that the topic of lien in regard of the merchandise, it is evident that a neglected
dealer has a lien on the products at the cost "while he is in control of them". In this manner,
assuming the neglected dealer doesn't have ownership of the products, he can't have lien on such
merchandise.

Idea and application

Notwithstanding a neglected merchant losing the ownership of the products, the Act likewise
accommodates the accompanying explicit circumstances, where a neglected dealer loses its right
of lien, for example when:

a. The neglected merchant takes care of business for a transporter or other bailee with the
end goal of transmission to the purchaser without saving the right of removal of the merchandise;

b. The purchaser or his representative legitimately gets ownership of the merchandise;

c. The neglected merchant has deferred its right of lien over the goods.8

Be that as it may, within the sight of a legally binding specification, a neglected dealer's lien,
perceived as far as Section 46 and 47 of the Act, may not stand ended upon conveyance of the
merchandise to the transporter.

The Hon'ble Supreme Court of India has in the judgment named as "Suchetan Exports Pvt. Ltd.
versus Gupta Coal Ltd. also, Ors."9 held that wherein the agreement available to be purchased
given that the merchant would hold its lien over the merchandise and title would pass to the
purchaser on installment of the maximum of the products, then, at that point, the neglected dealer
of the merchandise is qualified for practice lien over the products, regardless that the ownership
of the products may not be with the neglected vender.
General Lien and Particular Lien :

An overall lien is the option to hold the property of one more for an overall equilibrium of
record. In agreement the specific lien is the option to hold the specific merchandise bailed for
non-installment of charges/compensation.

Financiers, factors, wharfingers, strategy specialists and lawyers of law have an overall lien in
regard of products which come into their ownership throughout their calling. For example a
broker partakes in the right of an overall lien on cash, checks, bills of trade and protections saved
with him for any sums because of him. For example An acquires ' 500/ - from the bank without
security and hence again gets another ' 1000/ - yet with security of say specific gems. In this
delineation, even where A has returned ' 1000/ - being the subsequent credit, the investor can
hold the adornments given as security to the second advance towards the main advance which is
yet to be reimbursed.

Under the right of general lien the products can't be sold yet must be held for levy. The right of
lien can be postponed through an agreement.

Strangely, Chartered Accountants have an overall lien against the books of their customers which
come into their ownership against proficient charges not paid to them by those customers.
Specific lien: In agreement with the reason for bailment assuming the bailee by his ability or
work further develops the merchandise bailed, he is entitled for compensation for such
administrations. Towards such compensation, the bailee can hold the merchandise bailed in case
the bailor won't pay the compensation. Such an option to hold the merchandise bailed is the right
of specific lien. He anyway doesn't reserve the option to sue.

Where the bailee gets it done without accepting his compensation, he has a privilege to sue the
bailor. In such a case the specific lien might be postponed. The specific lien is likewise lost in
case the bailee doesn't finish the work inside the time concurred.

Lien under the agreement 1930 deals of merchandise act

Any dealer turns into a neglected vender when the entire cost of the great has not been paid

to the dealer. A neglected dealer is characterized under sec 45 of the deals of products act 1930.
Then, at that point,

there were two rights accessible for the merchant to get his cash one was against the purchaser

what's more, the other one is against the products by these two rights merchant can get the
measure of his
products.

Any vender turns into a neglected merchant when the entire cost of the great has not been paid

to the dealer. A neglected dealer is characterized under sec 45 of the deals of merchandise act
1930. Then, at that point,

there were two rights accessible for the dealer to get his cash one was against the purchaser

also, the other one is against the merchandise by these two rights vender can get the measure of
his

products.

Any vender turns into a neglected merchant when the entire cost of the great has not been paid
to the dealer. A neglected dealer is characterized under sec 45 of the deals of merchandise act
1930. Then, at that point,

there were two rights accessible for the vender to get his cash one was against the purchaser

furthermore, the other one is against the merchandise by these two rights vender can get the
measure of his

merchandise.

Deal not for the most part cancelled by lien or stoppage on the way.

(1) Subject to the arrangements of this segment, an agreement of offer isn't cancelled by the
simple exercise by a neglected dealer of his right of lien or stoppage on the way.

(2) Where the products are of a short-lived nature, or where the neglected merchant who has
practiced his right of lien or stoppage on the way pulls out to the purchaser of his goal to
exchange, the neglected dealer may, assuming the purchaser doesn't inside a sensible time
address or delicate the cost, exchange the merchandise inside a sensible time and recuperate from
the first purchaser harms for any misfortune occasioned by his break of agreement, yet the
purchaser will not be qualified for any benefit which might happen on the re-deal. In the event
that such notification isn't given, the neglected dealer will not be qualified for recuperate such
harms and the purchaser will be qualified for the benefit, assuming any, on the re-deal.

(3) Where a neglected vender who has practiced his right of lien or stoppage on the way
exchanges the merchandise, the purchaser obtains a decent title thereto as against the first
purchaser, in any case that no notification of the re-deal has been given to the first purchaser.

(4) Where the merchant explicitly holds a right of re-deal on the off chance that the purchaser
should make default, and, on the purchaser making default, exchanges the products, the first
agreement of offer is subsequently revoked, yet without bias to any guarantee which the vender
might have for harms.

End

A lien is a case against the property of somebody who owes cash. It's articulated like "lean,"
which may likewise depict your pitiful funds assuming that a lien has been put on your home.

At the point when somebody doesn't make installments on a credit, the bank might put a lien on
that individual's property, asserting responsibility for property until the late installment is gotten.
The word lien gets from the Latin ligre, which signifies "to tie," and you can see that "limiting,"
or tying up an individual's property, truly places the proprietor in a "tight spot."
Q2. Would you please give two (2) judgments/orders where the National Green Tribunal
has enforced rights or passed directions relating to protecting the environment? (10 Marks)

Ans 2.
Introduction
Public Green Tribunal or the Environmental Court is certifiably not another idea. Various courts
in the nation have prescribed the foundation of Environmental Court to take up the cases
identified with ecological corruption. In M.C Mehta versus Association of India case in 1986,
Supreme Court saw that ecological cases include appraisal of logical information. Setting up of
ecological courts on local premise would require proficient adjudicator and specialists, keeping
in view the ability needed for such mediation. In a one more judgment Indian Council for
Enviro-Legal Action versus Association of India, 1996 the Supreme Court saw that
Environmental Courts having common and criminal locale should be set up to manage the
natural issues in a rapid way.

High Court of India in A.P. Contamination Control Board versus M.V. Nayudu: 1999 alluded to
the requirement for setting up Environmental Courts which would have the advantage of master
exhortation from ecological researchers/in fact qualified people, as a piece of the legal cycle,
after an intricate conversation of the perspectives on legal advisers of different nations.

Idea and application

Key arrangements in the Act

Foundation of the Tribunal: The council will comprise of a full time director, legal individuals
and master individuals. The base number of legal and master part endorsed is ten in every class
and most extreme number is twenty in every classification. One more significant arrangement
remembered for the law is that the administrator, if track down vital, may welcome any
individual or more individual having specific information and involvement with a specific case
before the council to help something very similar all things considered.
An adjudicator of the Supreme Court of India or Chief Justice of High Court are qualified to be
Chairperson or legal individual from the Tribunal. In any event, existing or resigned judge of
High Court is able to be delegated as a Judicial Member. An individual is able to be a specialist
part in the event that he has Master of Science with a Doctorate certificate or Master of
Engineering or Master of Technology and has an encounter of fifteen years in the important field
including five years down to earth encounters in the field of climate and woods in a presumed
National level foundations. Any individual who has managerial experience of fifteen years
remembering experience of five years for managing climate matters in the Central Government
or a State Government or in National or State level foundation is likewise qualified to be a
specialist part.

1. News thing distributed in the Indian Express dated 01.07.2020 named Tamil Nadu
Neyveli heater impact: 6 dead, 17 harmed; Order dated 22 December 202015 The NGT has
coordinated the Secretaries of Ministries of Power and Coal, Government of India, to attempt
wellbeing review of correspondingly positioned nuclear energy plants all through the nation
speedily and ideally inside a half year. This course has been passed to stay away from repeat of
episodes like the Tamil Nadu Neyveli heater impact. This bearing was passed in a matter where
procedures were started based on a news thing in the Indian Express dated 1.07.2020 named as,
Tamil Nadu Neyveli kettle impact: 6 dead, 17 harmed. The inquiry for thought before the
Tribunal in this matter was whether there is an infringement of natural wellbeing standards and
what might be the further game-plan required.

The Tribunal saw that according to the report of the Committee, the reason for the episode is
disappointment of the staff dealing with the circumstance. According to NGT, since the staff was
not given due preparing and essential work allows, the Occupier, the Head of the Operation and
Maintenance and the Safety Officer are for the most part answerable for the mishap. The
Tribunal further saw that there is infringement of the Factories Act, 1948 and the Manufacture,
Storage, Import of Hazardous Chemicals Rules, 1989. The Tribunal in its current request has
believed that it would have been beneficial that the standard working systems were properly
disclosed to the taking care of staff in vernacular language as a piece of interaction of
mindfulness. NGT guides transmission lines to be made underground for new wind/sun oriented
energy projects inorder to ensure GIBs.

2. Centre for Wildlife and Environment Litigation v. Association of India and Ors.; Order
dated 23 December 202016 The NGT has coordinated that undergrounding of transmission lines
should be guaranteed for all new wind/sunlight based energy projects in checked natural
surroundings of GIB by making it a compulsory condition for award of assents under the Water
Act or the Air Act by the concerned SPCBs which might be regulated by the CPCB and the
MoEF&CC. The Tribunal has additionally guided bird diverters to be introduced on existing
electrical cables quickly, ideally inside four months. The Tribunal through this current request
has additionally coordinated that while giving assents under the Water Act and the Air Act,
effect of such undertakings on biodiversity of the space, particularly with regards to GIBs to be
embraced. The seat was hearing an application where the issue for thought was the moderation
measures for security of GIB. As per the candidate, populace of GIB has consistently declined by
75% in most recent thirty years and fundamental justification behind such decrease is deadly
mishaps with the electrical cables. Activity taken report looked for from MoEF&CC for
Funicular Ropeway Project in Maharashtra

End

he National Green Tribunal assumes a significant part in the removal of cases identified with
climate assurance. It will discard cases inside a half year of the documenting of cases. The court
assumes a huge part in the supportable improvement of the climate. An Act to accommodate the
foundation of a National Green Tribunal for the viable and speedy removal of cases identifying
with ecological assurance and preservation of timberlands and other regular assets including
requirement of any legitimate right identifying with the climate and giving help and
remuneration for harms to people and property and matters associated therewith or accidental
thereto.
3. Jane Doe is a software developer who is employed at a small boutique software
application company. As part of her role, she is usually deployed at client sites ranging
from 2 months to 1 year. Currently, her assignment involves working with a large
conglomerate interested in FMCG, Technology, Automobiles, etc., who is the company's
client she is employed with. Therefore, she performs her job at the client-side (i.e., the
conglomerate company). 

She has been working there for the past six months, and her performance has been good,
but in the last two months, she has found that few of the conglomerate company employees
have been hostile and offensive during discussions. She has been made to sit in the office
late despite completing her job and filling her timesheet. In fact, on numerous occasions,
she has been yelled at. Further, the discussions during the meetings have veered and are
covered with innuendos, which she felt unwelcome to be part of. Few of the employees had
insisted on taking her out for a private dinner which she declined, and after that, her
performance has been rated 'below average. Hence, she reported this to her employer, who
has brushed aside her concerns stating that the issue does not concern employees of the
software application company in which she is employed and that this may be an excuse for
her 'below performance' rating. 

In light of the above circumstance, she has approached you for advice on the following: 

a. Do the facts and the actions described above constitute harassment? If yes, under which
law? (5 Marks)

Ans 3a.
Introduction
Badgering is a type of work segregation that abuses Title VII of the Civil Rights Act of 1964, the
Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities
Act of 1990, (ADA).
Badgering is unwanted direct that depends on race, shading, religion, sex (counting sexual
direction, sex character, or pregnancy), public beginning, more seasoned age (starting at age 40),
incapacity, or hereditary data (counting family clinical history). Badgering becomes unlawful
where 1) bearing the hostile lead turns into a state of proceeded with business, or 2) the direct is
extreme or unavoidable enough to establish a workplace that a sensible individual would think
about scary, threatening, or harmful. Hostile to segregation laws additionally forbid provocation
against people in counter for documenting a separation charge, affirming, or taking part in any
capacity in an examination, continuing, or claim under these laws; or restricting work rehearses
that they sensibly accept oppress people, disregarding these laws.

Idea and application

Working environment lewd behavior is a type of sexual orientation segregation which disregards
a womans central right to fairness and right to life, ensured under Articles 14, 15 and 21 of the
Constitution of India (Constitution). Work environment lewd behavior not just establishes an
uncertain and threatening workplace for ladies yet additionally hinders their capacity to convey
in todays contending world. Aside from meddling with their exhibition at work, it likewise
antagonistically influences their social and monetary growth1 and puts them through physical
and passionate anguish.

Indias first enactment explicitly resolving the issue of working environment lewd behavior; the
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
(POSH Act) was instituted by the Ministry of Women and Child Development, India in 2013.
The Government additionally thusly advised the standards under the POSH Act named the
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013
(POSH Rules). The year 2013 additionally saw the proclamation of the Criminal Law
(Amendment) Act, 2013 (Criminal Law Amendment Act) which has condemned offenses like
lewd behavior, following and voyeurism.
Albeit the law forestalling inappropriate behavior at work environment has been in power
beginning around 2013, there remains absence of lucidity on different perspectives relating to the
resolution, including what comprises lewd behavior, commitments of a business, cures/shields
accessible to the person in question, technique of examination, and so forth Many are likewise
not completely mindful of the criminal results of lewd behavior. Prurient jokes, unseemly
remarks and so forth are excused as expected, with ladies being reluctant to start activities
because of misgiving of being doubted or criticized; which supports the requirement for more
noteworthy mindfulness and more prominent authorization.

End

The disposal of sexual orientation based segregation has been one of the essentials of the
Constitutional structure of India. The standard of sexual orientation equity is revered in the
Constitution, in its Preamble, crucial freedoms, basic obligations and Directive Principles

b. To whom can this harassment be reported, and how should such reporting of
harassment be dealt with? (5 Marks)

Ans 3b.
Introduction
Working environment inappropriate behavior takes a wide range of structures. It can emerge out
of a collaborator, an administrator, or a client or customer, and reaches from undesirable
contacting, improper remarks or jokes, or somebody promising you an advancement in return for
sexual blessings.

Inappropriate behavior doesn't need to be sexual. It can likewise seem as though prodding, scary
or hostile remarks dependent on generalizations (e.g., regarding how specific individuals are or
should act), or tormenting somebody or a gathering of individuals dependent on their sex, sex
character (man, lady, trans, intersex, nonbinary) or sexual direction (strange, straight, sexually
unbiased, lesbian, gay, agamic, pansexual, two-soul and so forth) Sometimes lewd behavior is
about sex and something different, similar to race or nationality. For instance, a lady of shading
might encounter provocation in the work environment uniquely in contrast to a white female
colleague. She might be the objective of harmful or threatening conduct on account of the mix of
her sex and her race or identity.

Idea and application

All grievances or data about inappropriate behavior will be researched, regardless of whether that
data was accounted for in verbal or composed structure. Examinations will be directed promptly,
and will be private to the degree conceivable.

An examination of any grievance, data or information on presumed lewd behavior will be

expeditious and intensive, started promptly and finished at the earliest opportunity. The
examination will be kept private to the degree conceivable. All people included, including
complainants, witnesses and affirmed harassers will be concurred fair treatment, as illustrated
underneath, to secure their privileges to a reasonable and unprejudiced examination.

Any worker might be needed to coordinate on a case by case basis in an examination of

suspected inappropriate behavior. [Company] won't endure reprisal against workers who record
objections, support another's grievance or take an interest in an examination in regards to an
infringement of this approach.
While the interaction might differ from one case to another, examinations ought to be done as
per the accompanying advances:

Endless supply of grievance, [person or office designated] will direct a prompt survey of the
claims, and make any interval moves (e.g., training the respondent to shun interchanges with the
complainant), as fitting. Assuming protest is verbal, urge the person to finish the 'Objection
Form' recorded as a hard copy. Assuming the person denies, set up a Complaint Form dependent
on the verbal detailing.

On the off chance that reports, messages or telephone records are pertinent to the examination,
find ways to get and safeguard them.

Solicitation and audit every single pertinent archive, including every electronic correspondence.

Meeting all gatherings included, including any applicable observers;

Make a composed documentation of the examination (like a letter, notice or email), which
contains the accompanying:

o A rundown of all archives evaluated, alongside an itemized synopsis of pertinent records;

o A rundown of names of those met, alongside a point by point synopsis of their assertions;
o A timetable of occasions;

o A synopsis of earlier pertinent occurrences, detailed or unreported; and

o The reason for the choice and last goal of the objection, along with any remedial
action(s).

Keep the composed documentation and related records in a solid and secret area.

Speedily advise the person who announced and the individual(s) concerning whom the objection
was made of the last assurance and carry out any restorative activities distinguished in the
composed record.

Illuminate the person who revealed of the option to record a grievance or charge remotely as
illustrated in the following area.

End

Inappropriate behavior isn't just denied by [Company] but on the other hand is restricted by state,
government, and, where pertinent, neighborhood law.

Beside the inside cycle at [Company], representatives may likewise decide to seek after lawful
cures with the accompanying legislative substances. While a private lawyer isn't needed to
document an objection with a legislative organization, you might look for the lawful exhortation
of a lawyer.

Notwithstanding those laid out beneath, representatives in specific businesses might have extra
lawful assurances.