Ans 1.

Introduction :

Each person entering into a territory of their own free will voluntarily and deliberately is said
to have given their "free consent," which might be described as a settlement. This requires
mutually understanding the problem matter in an agreement or contract as well as agreeing to
all of its conditions and terms.
A consensus must be reached without the use of coercion, fraud, deceit, pressure, or other
unethical tactics in order for it to be valid and enforceable. Additionally, there must be no
misunderstandings or errors in both events of the settlement. The warranty is null and
unenforceable by law if consent is added in any way.

When it comes to insurance contracts, even if the policyholder agrees with everything, the
guarantee is still null and void if they did not lose consent during the negotiation of a
settlement.
Unrestricted permission from all parties involved, regardless of their motivations or
understanding, is the condition that makes it easiest to form a good agreement or relationship.
For instance, if a person signed a health insurance policy under duress from a family member
who was designated as the settlement beneficiary, the agreement might be void since the
person was not given the opportunity to freely sign it. The contract is not regarded as valid in
this instance.

Applications and ideas

After going over free consent earlier, let's go on. The following are some elements that can
influence free approval:

a) Coercion, which is defined as the use of force to coerce someone into making a decision
or signing a document Therefore, obtaining the party's assent by coercion, which is not free
consent, involves using threats or intimidation. They threatened to commit or already had
committed any conduct made illegal by the IPC, according to Phase 15 of the free licence.
To induce anyone to consent, they are threatening to unlawfully detain or hold onto any
property.

For instance, if Y does not sell his business to X for 10 lakh rupees, X may harm him. The
agreement will be null and void even if Y sells the house to X because Y's permission was
obtained under duress.

b) Undue influence (section 16) : The definition of "undue effects" is provided in Section
16 of the Contracts Act. It states that it will be unfair to have an impact if the family members
among the events are such that one party is in a position to dominate some other party and
uses such domination to obtain an unfair advantage over the other party.

Furthermore, the section illustrates the ways in which a person can misuse their position of
power in the following situations: when they have complete or seeming control over another
individual. Or he is related to the substitute character in a fiduciary capacity.
He enters into a contract with someone whose mental capacity has been hampered by
distress, disease, or ageing. Thoughts that are erroneous may do so permanently or only
briefly.
For instance, after his instructor promised him proper trades, A sold his Solver watch to his
teacher B for Rs 200. A's consent in this situation was not granted voluntarily. Under his
instructor's pressure, he turned.

c) Fraud (section 17): When one of the parties intentionally makes false assertions, this is
referred to as fraud. Unrestricted consent is affected, without a doubt. This means that the
misreading is carried out knowing full well that checking for Authentify is only permissible
or careless.
Therefore, Section 17 defines fraud as the act of a party persuading all other parties to engage
in a settlement by making assertions that are false, misleading, or otherwise deceptive.

He doesn't think it's true, and you're implying a falsehood.

facts being actively withheld.
any undertaking undertaken without any justification
ANY OTHER SUCH ACT FIT FOR FRAUD
A dog was purchased by X from Y, for instance. The dog, according to Y, can be used as a
security dog. X cannot employ the dog as a security dog because it is disabled. In this case,
fraud may have occurred because Y intentionally misled X.

d) Misrepresentation (phase 18): A misrepresentation occurs when a party makes a

statement that is untrue, erroneous, inaccurate, etc. Here, however, the distortion is sincere
but only occasionally malicious. The declarant is confident that their statement is accurate.
There are three different types of misrepresentation: (1) a person asserts something
positively, believing it to be true.
Any breach of duty benefits the person who committed it by deceiving everyone else.
However, there is no willful dishonesty in the loss of duty.
Keep the settlement in mind if one side tries to convince the other to think incorrectly about
the matter. But that is now achieved, and not in a malicious or innocent way.

An agreement was struck, for instance, when X and Y decided to advertise the products. The
things perished for some reason, but X became unaware of this. The agreement's foundation
is absent in this situation; hence, the contract can no longer be regarded as legitimate.

Conclusion:

To be accurate, free consent must be a necessary component of the agreement. A settlement

is voidable at the discretion of one party if it is not the result of free consent. This indicates
that the party has the right to void the agreement at their discretion if the permission obtained
by any party for a payment is not voluntary and is obtained through coercion, fraud, undue
influence, or deception.

Ans 2.

Introduction :
A beacon light for preserving the environment has been provided to the judiciary, the
guardian of the Indian constitution, along with a favourable deciphering of the alliance. Legal
history is made up of significant decisions that forced the right to exist beyond simply
breathing and walking around and created environmental law. In order to protect the
environment, the judiciary plays a crucial role. Several instances of government action to
safeguard the environment are listed below:

a) Rural litigation and entitlement: Known as the Dehradun Valley dispute, this example is
Kendra & Ors. vs. State of Uttar Pradesh and Supreme Court Docket of India-Judgement.
The difficulty of quarrying became a thing of the past in the Himalayan hill range of
Mussoorie. The mountains were destroyed using explosives to harvest the limestone. Lack of
trees and flora caused numerous landslides that killed residents and ruined their homes,
farmland, and cattle. In addition to slumping and cave-ins, this practise—which isn't legal per
se—has caused problems since the miners delved deeply into hillsides. The mining regulators
argued that the case needed to be dismissed by a judge and that environmental protection
authorities should be given the task of handling the situation. However, the court disregarded
the miners' objections because the case had already begun to be carried out and because it had
already issued several orders before the adoption of the environment protection act.

A monitoring committee was then created. The monitoring committee gave the company
precise instructions, but the lessee proceeded to quarry limestone in an unscientific manner
and disobeyed the monitoring committee's directive. According to the utility provided by the
committee, the court found that Vijay Shree Mines' covert mining activities had caused
significant environmental harm to the region and ordered the company to pay Rs. 3 lakhs to
the account of the monitoring committee. The nation's top court has finally determined that
pollution from quarries has a negative impact on public safety and health. As a result, the
same must be set up in a total preventive position. Personal freedom includes the right to a
healthy environment, and Article 21 of the Constitution guarantees everyone the right to
exist.

The right courtroom is needed for the case in order to strike the right balance between
economic demands on forest resources and ecological and environmental integrity. The court
took the following action: It ordered mine lessees to accept preference for leases in new
regions if their operations had been halted by the court.

b) Ratlam v. Shri Vardhichand, and a faultless court's ruling The Madhya Pradesh city of
Ratlam In a complaint presented to the sub-divisional magistrate, a number of inhabitants of
the municipality said that the city was not building adequate drains and that there was a stink
and stench as a result of the effort using nearby slum dwellers, but that the petitioners had not
been harmed. After receiving a complaint from Ratlam city citizens that was later upheld by
the high court, the subdistrict magistrate of Ratlam district issued an order requiring the
municipality to draught a viable development plan within a year. The municipality then
appealed the decision to the highest court in the United States of America. In it, it was
claimed that they lacked the financial backing or a sizable budget to follow the instructions
given by Ratlam City's sub-divisional magistrate.
Respondents contended that the government of Ratnam City had fallen short of the duties and
obligations imposed on it by the sub-divisional Justice of the Peace, including failing to
prevent pollutants and other hazardous wastes from getting into their residences and failing to
slow down pollution. Respondents wanted to prevent malaria-causing contaminants from a
nearby alcohol factory's effluent from residing within the body.
The Municipal Corporation of Ratlam Town was mandated by the Supreme Court to protect
the area from factory pollutants coming from the alcohol manufacturing facility and settling
in the residential area. The ideal courtroom instructed the municipal government to take the
required actions to complete their requirement by providing an appropriate number of public
laterals for specific ladies and men separately, along with delivering scavenging service and
water supply in the morning and at dawn to ensure acceptable sanitation.

Conclusion :

In addition, the court ordered that such obligations be met within six months after the court's
judgement. Unplanned urban development and individual polluters are to blame for the
issues; the preferred court ruled that, in accordance with Article 21, a clean environment is
necessary for a good existence. The court then ruled that if the municipality feels the need for
resources, it will increase its request from state authorities through exclusive projects and
request loans from the state authorities from the savings account of public health expenses to
fulfil the resource need for the execution of the court's order.

Ans 3a.

Introduction :

One way to describe an employee provident fund is as a retirement benefits programme

designed to make sure we have enough money saved to last through retirement. Total
contributions from both our firm and ourselves have gone into the provident fund. It is taken
out of our paychecks each month and placed in a retirement savings account, where it grows
in value and scope for us to use and enjoy after retirement. Signing up for the employee
provident fund is mandatory for all corporate firms with 20 or more employees.

Applications and ideas

Programmes for the Provident Fund

Employees Provident Fund Act of 1952 (a): This law was used to support a group of retired
employees who worked for a corporation covered by this act, as well as their criminal heirs,
in the event of their death.

b) Personnel Pension Scheme, 1995: The act established the personnel pension scheme to
give pensions to the workers or employees of any status quo to which the act applies in the
event that the worker retires, becomes totally and permanently disabled, or passes away.

c) The Employees' Deposit-Related Coverage Scheme, enacted in 1976, is a law designed to

protect the deposits of employees working at institutions that fall under its purview. If an
employee passes away while still working, coverage benefits will be provided under their
deposit-linked coverage plan. In 1976, this law was transgressed.
The programmes' applicability
The Employees' Provident Fund was established in 1952 as a result of the Employees'
Provident Fund Act, a piece of legislation that is implicitly followed across the nation. Every
business or factory listed in Schedule 1 of the Act that employs 20 or more people is subject
to the Act.

the EPF calculation

Each employee of the company makes two contributions to the employee provident fund
(EPF): the worker contribution, which is made up of a monthly dearness allowance, and 12%
of the employee's actual compensation.

Corporation contribution to EPF: Of the 12 percent, the employer must contribute 8.33
percent to the employee pension plan and 3.67 percent to the employee provident fund.
Consequently, Rs. 5500 is 3.67 percent of Rs. 150000.

Conclusion :

EPF supports employees by assisting them in making significant retirement savings.

Ans 3b.

Introduction :

The 1972 Fee of Gratuity Act defines a gratuity as a benefit that is payable. The sum of
money an employer will provide an employee as compensation for work performed for the
company is known as a gratuity. However, employees who have worked for the company for
more than five years receive gratuities.
Ideas and applications
Employees who are eligible for a gratuity
A worker must be qualified for or entitled to superannuation.
an ex-employee
A worker who leaves their job after more than five years with the same company
How does an employee who perishes or becomes incapacitated due to an infection or accident
survive?

Calculate gratuity?

For instance-After ten years of employment, Jatin has received a salary of Rs. 50,000 as his
last simple plus DA amount. His gratuity will be calculated as follows: 10*50000*15/26 =
Rs. 2,88,461.54.
An employer, however, has the option of giving a worker greater gratuities. Additionally, for
the number of months in the most recent 12 months of employment, anything greater than
150 days in the most recent year is rounded down to the preceding lower number.
Calculating tips for workers is no longer covered by the Gratuity Act; even if the business is
not a member, they may still give remuneration. Commissions, base pay, and a depreciation
allowance are all included in this salary. The calculation or decision of gratuity, however, is
generally dependent on a person's half-month's earnings for each year that has been
completed.
The amount of gratuities for employees and workers not covered by the gratuity laws is
determined using the system below.
Gratuity sum = (15 * last drawn pay amount * service duration) / 30

Conclusion :

In the computation, a worker's tenure is regarded as lasting 12 months. If the total number of
months worked during the most recent years is fewer than 180 days, the number of prior
completed years is taken into account. Due to the computation of the number of months that
have been completed within the entire current year, the year is still regarded as a full year.
has exceeded 180 years of service. Thus, the working length has been fixed at 11 years. The
best-case scenario for the number of years of service would have been ten years, or anything
less than six months.