Business Law

Answer 1:

Introduction
Free consent is a settlement which takes place when both sides knowingly and voluntarily
enter into a region of their own choosing. This calls for a shared understanding of the issue at
hand in an agreement or contract, as well as consent to all of its criteria and terms.

An agreement must have been reached freely, without obligation, deceit, deception,
argumentation, or pressure, in order to be valid and binding. Additionally, there must be no
misunderstandings or errors in the settlement resulting from either event. The guarantee is
null and void and cannot be enforced by law if consent is added in any way.

Even if an insured agrees with the policies terms in principle, if they did not lose agreement
during the formulation of a development, the insurance agreement remains invalid.

Irrespective of the motivations or understandings, forming a good agreement or partnership is

Concepts and applications

a) Coercion: Coercion is the use of physical force to persuade someone to sign a document
or make a commitment. In order to get the other party's assent under duress, which is not free
consent, threats or intimidation are used. They were threatening to devote or commit any act
prohibited by IPC legislation, according to Phase 15 of the free licence.
In order to get anyone to cooperate, they are threatening to imprison or unlawfully imprison
any property.

For example- If Y does not sell his keep to X for 10 lakh rupees, X threatens to injure him.
Even if Y sells the house to X, the agreement will be null and invalid because Y's approval
was gained through pressure.

b) Undue influence (section 16) - section 16 The meaning of undue effects is provided in
section 16 of the Contracts Act. It states that it will be improper to have an effect when the
family members among the events are such that one party is in a position to dominate some
other party and uses such dominance to obtain an unfair advantage over the other party.

The section also shows how a person can abuse their power in the following situations: when
they have complete or apparent control over another person. Or he has an official connection
to the substitute identity.

He enters into a contract with a person whose mental capacity has been hampered by disease,
ageing, or distress. The thoughts' unsoundness could be permanent or just passing.

For example- After his instructor promised him proper professions, A sold his Solver watch
to his teacher B for Rs 200. In this particular case, A's consent was not freely granted. Under
the force of his instructor, he turned.

c) Fraud (section 17) - Fraud is defined as deception committed by one of the parties when
that party knowingly makes false statements. It definitely affects free consent. As a result, a
misunderstanding is carried out knowing full well that checking for Authentify can only be
done legally or carelessly.

Therefore, in accordance with section 17, fraud is defined as when a party uses comments
that suggest a false fact and he does not consider it to be true to persuade the other parties to
engage into a settlement.

The intentional distortion of facts, Any promise made without reason, Any more behavior
that qualifies as fraud.

For example- Y sold a dog to X. Y asserts that the dog can serve as a guard dog. The dog is
disabled, so X cannot employ it as a guard dog. Here, Y deliberately deceives X, which is
equivalent to fraud.
d) Misrepresentation (phase 18) - When a party makes a representation that is false, wrong,
inaccurate, etc., that is considered a misrepresentation. Here, however, the distortion is
genuine and only occasionally deliberate. The declaration is made with the conviction that it
is accurate. Deception can come in three forms:

An individual makes a positive statement thinking it to be true

Any breach of duty benefits the person who committed it by misleading everyone. The loss of
duty, however, happens without any intentional fraud.

Keep the agreement in mind whenever one side attempts to convince the other to think
incorrectly about the matter. However, that is now achieved without any malicious intent or
intention.

For example- The agreement came about when X and Y decided to jointly promote the
products. X developed a new level of knowledge on the motive behind the things' death. As a
result of the absence of an agreement's foundation, the contract in this instance is no longer
binding.

Conclusion
One way to describe free consent is as a necessary component for an agreement to be
accurate. A settlement is invalid at the whim of one side without free consent. This indicates
that the party has the authority to declare the agreement invalid at its sole discretion if any
party's consent obtained for a payment wasn't given freely and was obtained through force,
deceit, improper pressure, or deception.
Answer 2:

Introduction
The court system, which is in charge of preserving the Indian Constitution, has been handed a
guiding light for preserving the environment and successfully interpreting the alliance. The
legal timeline is made up of significant decisions that extended the concept of the right to life
far beyond simple breathing and walking and created environmental law. The legal system
plays an essential role in the preservation of the environment. Listed below are some
occasions where governments have weighed in to protect the environment:

a) Rural litigation and entitlement In this case, the Haridwar valley litigation, Kendra &
Ors. vs. State of Uttar Pradesh & Supreme Court bench of India, was decided. The issue of
mining was overcome in the Himalayan hill range of the city of Muss By using dynamite to
blow the mountains apart, limestone was extracted. Multiple landslides caused by a lack of
trees and vegetation killed locals and ruined their homes, farms, and cattle. This method,
which is not legal per se, has also caused sagging and cave-ins because the mines were sunk
deeply into slopes. The mining regulators argued that the case should be rejected by the court
and that environmental protection authorities should handle the issue instead.

A monitoring committee was afterward established. The monitoring committee gave the
company precise instructions, but the lessee continued in mining lime in an unprofessional
manner and ignored the 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 tracking committee. The nation's top court finally decided that pollution
from quarries has a negative impact on public safety and health. As a result, the same must be
placed in a completely preventive position. Personal liberty includes the right to a healthy
environment, and the Article 21 of the constitution protects the right to exist. The case
requires the right court to strike a balance between economic demands on forest resources
and ecological and environmental integrity. The judge ordered the following:

Mine Lessors whose operations had been stopped by the court were given orders to accept
priority for licences in new regions.
b) Ratlam v. Shri Vardhichand, municipal council; excellent court; judgement Madhya
Pradesh has the city of Ratlam. Several inhabitants of the municipality filed a complaint with
the sub-divisional judge, claiming that the city is not building sufficient drains and that there
is a smell and stench because of the effort using nearby slum residents, but that the petitioners
have not been impacted. The high court accepted the sub-divisional judge of Ratlam district's
decision that the municipality create an effective development plan within a year of receiving
the citizens of Ratlam city's complaint. The municipality then filed an appeal with the
Supreme Court of the United States of America. It claimed that they lack sufficient financial
backing or sufficient resources to follow the instructions given by the sub-divisional judge of
Ratlam City.

Respondents stated that Ratnam City's organisation had fallen short of its duties and duties
under the sub-divisional Judge of the Peace's orders to ensure public safety by preventing
pollution and other dangerous materials from getting into their homes and failing to slow
down pollution. Respondents wanted to prevent malaria from being caused by pollutants
from a nearby alcohol factory's waste water.

The Municipal Corporation of Ratlam Town was required by the high court to protect the
area from factory pollutants coming from the alcohol manufacturing facility and settling in
the residential area. In order to achieve their commitment, the municipal was instructed by
the perfect courthouse to provide a sufficient number of public toilets for specific ladies and
men separately, as well as to provide cleaning service and water supply in the early morning
and dawn to ensure acceptable cleanliness.

Conclusion
The court further ordered that those responsibilities be met within six months of the court
order. A pollutant-free environment is required for a good existence under Article 21
according to the preferred court, which concluded that the issues have been caused by chaotic
planning for cities and private pollutants. The court ruled that if the municipality in the case
felt the need for resources, it should have increased its request from state authorities through
exclusive projects and asked for loans from the state authorities from the public health
expenses savings account to meet the need for resources for carrying out the court's order.
Answer 3 (a):

Introduction
A savings programme designed to make sure we have enough money saved to support ourself
in age may be described as an employee provident fund. Our company and we both
contributed equally to the provident fund. It is taken out of our paycheck each month and
placed in a PF account, where it grows in value and scope so that we can use it and benefit
from it after retirement. The employee provident fund should be joined by all corporations
with more than 20 employees.

Concepts and applications

a) Employees provident fund act, 1952- The EPF plan was developed by using the law to
support a group of former employees of a corporation covered by this act after they retired, as
well as any of their illegal descendants.

b) Personnel pension scheme, 1995- The act established the personnel pension system to
pay pensions to workers or employees of any organisation to which the act applies in the
event that they retire, become totally and permanently disabled, or pass away.

c) Employees' deposit- The 1976 related coverage plan law was designed with the personnel
of the formations or categories of institutions it governed in mind. If an employee passes
away while still working, their deposit-linked coverage plan will pay benefits. It was
overstepped in 1976.
Application of the plans.
The various provisions act and the employees' provident fund, a piece of law that was
implicitly followed across the nation, were responsible for creating the employees' provident
fund in 1952. Every industry or factory included in schedule 1 of the action that employs 20
people or more is subject to the act.
Calculation of EPF

There are two contributions made to the employee provident fund (EPF) for each employee: a
worker contribution (12 percent of the employee's actual salary) and a monthly dearness
allowance contribution.

Corporation contribution to EPF: Out of this 12 percent, the employer is required to

Conclusion

Employees gain from EPF since it enables them to save a sizable amount of money for
retirement.

Answer 3 (b):

Introduction
A benefit paid under the Fee of Gratuity Act of 1972 is what is sometimes referred to as a
gratuity. The sum of money an employer will provide an employee as payment for work done
for the company is known as a gratuity. However, employees who have worked for a
company for more than five years receive gratuities.

Concepts and applications

Employees who are entitled to gratuity-

A worker must be qualified for or have a right to superannuation.

A retired employee

A worker who leaves their job after more than five years with the same firm

How is gratuity calculated for an employee who passes away or becomes disabled as a result
of an infection or accident?
For instance
Jatin has ten years of employment with a corporation, and his last drawn simple plus DA
amount is Rs. 50,000.
Gratuity for Jatin is equal to Rs. 2, 88,461.54 (10*50000*15/26).
However, an employer has the option of giving a worker bigger gratuities. Additionally,
everything over 150 days in the preceding year is rounded down to the previous lower
number when calculating the number of months in the last 12 months of employment.
Calculating tips for workers who are no longer covered by the gratuity laws; even though the
business is not a member, they may still offer bonuses. This income includes commissions,
base pay, and a cost-of-living supplement. On a person's half-monthly profits for each year
that has been completed, however, is principally used in the calculation or decision of
gratuity.

The amount of the gratuity is determined using the system below for both covered and
uninsured employees.

Gratuity amount is calculated as (15 * last drawn salary amount * service time) / 30.

Conclusion
A worker's employment is counted for calculating purposes as 12 months. If the range of
months worked inside the most recent years is less than 180 days, the previous variety of
completed years are taken into account. The number of months that have been completed
inside the entire current year, however, is what determines whether the year is considered to
be a full year. is greater than 180 years of service. The working length has been determined to
be 11 years. If the service period had been ten years and four months (or anything less than
six months), the number of years of service would have been 10 years at the best.