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What is Administrative Law?

The body of law and legal work that deals with government agencies is in essence, Administrative Law. Government agencies are created by Lawmakers so that these agencies, in turn, can create and implement fair and just laws enforcing regulations on all aspects of government functions. Administrative law is a diverse area of lawBroadly administrative law is a comprehensive term inclusive of varied law categories. A lawyer practicing administrative law may never be in a courtroom. Conversely, an administrative lawyer of another type might be filing legal documents and arguing with judges in a formal backdrop for the most part. There are administrative lawyers interacting with people a lot while drafting documents is what yet another type of administrative lawyers do for the most part. The only criterion is the administrative lawyer actually doing government work or working with the regulations of the government.Who practices administrative law?Government WorkersAdministrative lawyers are inclusive of public and private attorneys. Public attorneys function within a government agency with wide-ranging practice areas. Private attorneys, however, may work for a government agency as well on the basis of a contractual agreement instead of as an employee. Working on behalf of private clientsAttorneys may practice administrative law on their private clients’ behalf. They may, for example, assist a client in the navigation of administrative procedures so as to ensure they successfully make a specific claim to an agency. In consultation with a client, a formal court proceeding may be initiated once administrative remedies are depleted. An administrative law attorney might be representing a private client for the sole purpose of challenging the constitutional validity of a regulation.  Types of administrative law practiceThere are a wide variety of tasks that administrative lawyers perform with the duties varying extensively within each agency and even amongst certain duties within an agency. An administrative lawyer may typically do one or more of the following:A well-documented law An administrative lawyer might actually covert the orally accepted laws into written laws. These lawyers might have documented policies and procedures which are guidelines on executing specific aspects of the duties of an agency. If a case qualifies for hearing, a trial brief or a court motion may be prepared. When an attorney doubles up as an administrative law judge, they are empowered to draft opinions and judgments. The primary role of an administrative law attorney is drafting which might be all but one aspect of their duties.Counseling for agency leadersAs and when top officials and agency leaders plan on making rules and regulations, they require attorneys to assist them in understanding the probable impacts of their decisions. They ought to know whether courts are inclined to upholding their regulations. Administrative lawyers can assist officials to give recommended regulations the proper consideration. On proposed regulations, they can evaluate public comments as well and provide guidance to officials according to public input.Claims evaluationMost administrative agencies have preset public procedures for making claims to the agency directly which are then evaluated by attorneys for confirmation on possible provisions of the law requiring the approval of claims and the associated risks.Representing the agency at hearingsIn most administrative agencies there is an appeals process of decision-making of an agency. In the vast majority of cases, this hearing begins within the agency by an agency judge and a decision is made prior to the case reaching the judicial branch of the court. An attorney at these administrative hearings may be the mouthpiece of the administrative agency; essentially an attorney who is an employee of the agency as well. Should the case progress to the courts over and above an internal hearing, administrative lawyers represent their respective agencies in court as usual.Developing internal systems and processes of an organizationGovernment agencies require procedures for doing its work and therefore need forms, timelines and approved guidelines for their assigned tasks. Lawyers are involved to ensure that these policies and procedures are in sync with the legislative authority of the agency. They ensure that there aren’t any constitutional or due process considerations that the agency might have missed while implementing policy. What they do aids and abets the seamless functioning of their agency.  Administrative law judgeWhen an agency’s internal procedures for hearing are in place an administrative law judge hears and decides the case. These judges typically are attorneys entrusted with the vital task of listening to the evidence and making a decision.EnforcementGovernment Rules and regulations are made to be broken as they say by government agencies and inevitably, what that means is eventually someone actually violating the regulations. On instances of a violation occurring, there needs to be a procedure of identifying the violation and enforce its rules effectively. Administrative law attorneys level violation charges and pursue ways of enforcing the requirements of the agency. Challenging administrative rules and regulationsTo challenge the validity of an agency regulation a private person or corporation might want to bring a class-action lawsuit. They might even think that the agency wasn’t authorized by the legislature to form a particular regulation. Conversely, they may challenge on constitutional premise. There might be disagreements in regards to an administrative law judge’s decision and the aggrieved may intend on challenging the decision by filing a lawsuit. Regardless of the circumstances, be it a  person or corporation they typically hire their own administrative law attorney. Legal pleadings, presenting evidence and making arguments in a court of law on behalf of their clients. ?Contact 7604047601 to consult with our registered expert administrative lawyers on Vidhikarya.

Posted By

Avik Chakravorty

3 days ago

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Why Advertising their services is a no-no for Lawy...

In a public notice, the Bar Council of Delhi recently announced that recalcitrant lawyers violating the rules and regulations of the Bar Council would face prosecution under the Advocates Act, 1961. The Bar Council of Delhi publicly announced that notices of misconduct were issued to lawyers found to have published social media advertisements inclusive of Facebook and WhatsApp. The notice mentioned that lawyers violating or flouting Bar Council rules would face prosecution under the provisions of The Advocates Act, 1961.What is the problem with lawyers advertising their services?According to the rules and regulations in India, advocates are disallowed by publicizing their services. The Advocates Act, 1961’s subsection 1(c) of Section 49 of General power of the Bar Council of India authorized to make rules also empowers the Bar Council of India to create and implement Rules on the standard of professional conduct and etiquette that advocates ought to follow and indeed abide by.Clause 36 under Section IV which is essentially about Duty to Colleagues of the Standards of Professional Conduct and Etiquette that advocates ought to abide by as laid down by the Bar Council of India states that advocates should not be soliciting work or advertising either in a direct or indirect manner through circulars, ads, touts, communicating personally, interviews, giving or organization newspaper comments or obtaining photograph for publishing in regards to cases concerning the lawyer.Besides, the lawyer’s sign-board or name-plate should be of an appropriate size. The sign-board or name-plate or stationery should not mention that he is or was President or Members of a Bar Council or of some Association or that the lawyer was attached to any person or organization or with a particular cause or matter that the advocate may have the sp[ecialization in or the other exception to the rule being the lawyer is a former judge or an Advocate-General.An advocate who circumvents these Rules is liable to be prosecuted under Section 35 of The Advocates Act, 1961. Based on this Section sweeping powers including reprimanding or suspending the advocate from practice for a fixed period, removing the advocate’s name from the state roll of advocates and last but not the least, dismissal of the complaint have been granted to a State Bar Council. Click here to consult with registered expert advertising lawyers on Vidhikarya.

Posted By

Avik Chakravorty

4 days ago

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Consult Top Consumer Protection Lawyers in India

J S  Pawar

J S Pawar

Lawyer
Exp
Mumbai , Maharashtra

Specialization

  • Consumer Protection
  • Civil
  • Criminal
  • Adoption
  • Family
I am an ex Army person practising as Lawyer in Bombay High Court with civil n criminal, consumer, testamentary, rent, property adoption, bail, anticipatory bail, appeals n revision matters View Full Profile
Total Answers Given : 193
Prashant  Mane

Prashant Mane

Advocate
Exp
Pune , Maharashtra

Specialization

  • Consumer Protection
  • Civil
  • Arbitration and Mediation
  • Cheque Bounce
  • Commercial
Iam Prashant Mane more than 10 year of experience in civil, contract, arbitration, consumer, labour, insurance, cheque bounce cases. I also have experience in corporate documentation. View Full Profile
Total Answers Given : 7
Precinct  Legal

Precinct Legal

Partner
Exp
Bangalore , Karnataka

Specialization

  • Consumer Protection
  • Bankruptcy and Debt
  • Civil
  • Cheque Bounce
  • Contracts and Agreements
Precinct Legal is a full service law firm based out of Bangalore catering to all the legal needs, be it litigation or corporate. View Full Profile
Hari Bhawan  Pandey

Hari Bhawan Pandey

Lawyer
Exp
Allahabad , Uttar Pradesh

Specialization

  • Consumer Protection
  • Civil
  • Commercial
  • Cheque Bounce
  • Debt Collection
I am practising in Allahabad High Court Allahabad since 2002 the date of Enrollment in Bar Council of Uttar Pradesh. I am giving my best service in CRIMINAL and Service Matters including Central Administrative Tribunals Allahabad. View Full Profile
naidu  n

naidu n

Senior Legal Consultant
Exp
Hyderabad , Telangana

Specialization

  • Consumer Protection
  • Civil
  • Admiralty and Maritime
  • Banking
  • Cheque Bounce
We handle following litigations: Admiralty & Maritime, Arbitration, Banking, Business , Company law, Civil , Construction, consumer law, Corporation, Partnership, Criminal, Finance, Foreclosure, Franchise Law, Government, Insurance, Revenue matters, Shipping, Real Estate, Family, Divorce et., View Full Profile
S.S  Gosavi

S.S Gosavi

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Consumer Protection
  • Administrative Law
  • Commercial
  • Landlord And Tenant
  • Partnership
I do provide legal services in the area of criminal,constitutional,civil,service and consumer laws by practicing in and before the Bombay High Court ,state commission ,MAT and various judicial and qusi-judicial authorities throughout and out of the Maharashtra for last 4 Years. View Full Profile
Anilesh  Tewari

Anilesh Tewari

Advocate, Founder AT Law Chamber
Exp
Lucknow , Uttar Pradesh

Specialization

  • Consumer Protection
  • Cheque Bounce
  • Real Estate
  • Contracts and Agreements
  • Arbitration and Mediation
Advocate Anilesh Tewari has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired many years of professional experience in providing legal consultancy and advisory services. He is an alumni of Jamia Millia Islamia. View Full Profile
Braj  Nandan

Braj Nandan

Advocate
Exp
Lucknow , Uttar Pradesh

Specialization

  • Consumer Protection
  • Divorce
  • Domestic Violence
  • Family
  • Child Custody
I am specialist in family matter and consumer case. Hence, What I think, What I want, I achieved any how... View Full Profile
Total Answers Given : 2
Tanu  Singhal

Tanu Singhal

Advocate
Exp
Delhi , Delhi

Specialization

  • Consumer Protection
  • Criminal
  • Civil
  • Family
  • Cheque Bounce
Advocate,Handling over 100 independent cases, at HIGH COURT OF DELHI, NCDRC, State Commission, all District courts across Delhi-NCR. Well versed with all the CIVIL Property disputes, all MATRIMONIAL MATTERS, Dowry, criminal complaints under section 156(3), 200,498A, 467/468/420,IPC,138 NIA, etc. View Full Profile
Total Answers Given : 1
Aditya  Shrivastava

Aditya Shrivastava

Advocate
Exp
Raipur , Chhattisgarh

Specialization

  • Consumer Protection
  • Civil
  • Commercial
  • Debt Collection
  • Maternity
Hey everyone, I am from Raipur, Chhattigarh, my born and brought up is Raipur only, I have done B.B.A-LL.B (Hons.) [honors in corporate law] from MATS Law School, MATS University. View Full Profile
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  • What is consumer protection law?
  • Is there any specific Act or Rule for consumer protection in India?
  • How can one file a consumer complaint in India?
  • Where to file a consumer protection case?
  • What are the rights of a consumer?
  • What is purpose of consumer protection act?


Consumer protection laws aim at the protection of the interests and rights of consumers. These laws aim at changing the mentality of the market from “Caveat Emptor” (let the buyer beware) to “Caveat Venditor” (let the seller beware). In India, there is a statue called ‘The Consumer Protection Act, 1986’ which aims at safeguarding the rights and best interest of consumers.

The Consumer Protection Act, 1986 (COPRA):


This act focuses at advocating competition policy, prohibiting against abusing of a dominant position, prohibiting agreements which can be of an anti-competitive nature.

The intent behind this law is to solve the obstacles in promotion of competition amongst businesses operating under the Indian law. The COPRA is one of the Social Welfare Legislations.

This Act is applicable to all the goods and services until and unless it is specifically exempted by the Central Government. COPRA covers private, public & co-operative sectors, with its provisions having a compensatory nature. The provisions of this Act are powerful as they provide with simple & speedy processes for the solving of disputes. This Act provides for the application of Consumer Protection Councils ate various levels.

Appeal Process/Dispute Redressal Mechanism as per this Act:


There are three levels of adjudicatory authorities under this Act; they are the National, State, & District Level, which are known as National Commission, State Commissions, and District Forum. District Forum is composed of President and two members with graduation being the minimum educational qualification. State Commission is presided over by a Retired High Court Judge, and the National Commission is presided over by the retired Supreme Court Judge.

Pecuniary Jurisdiction of District Forum – matters upto Rs. 20 lakhs

Pecuniary jurisdiction of State Commission – matters upto Rs. 1 Crore

Pecuniary Jurisdiction of National Commission – matters above Rs. 1 Crore.

Proceedings before these adjudicatory bodies are dealt with in compatibility with the principles of Natural Justice.

How to file a Consumer Complaint in India:


  • Making of a complaint petition – this petition would include all the particulars of a case, for example, the precise complaint, arranging of the facts proofs and so on in an arranged manner.
  • Selecting the correct Consumer Court - while choosing the correct forum, the pecuniary jurisdiction (the extent of the value of suits which may be allowed) must be taken into consideration. Also the local jurisdiction of the various district forums must be given importance, for example in cases filed at district forums, one of the grounds for choosing the court can be the place where cause of action arises.
  • Submitting a mandatory statutory fee – the amount instructed by the concerned forum has to be deposited.
  • Filling in for Revisions & Appeals – as per the provisions of the COPRA, an appeal or a revision petition is available.

    Section 15 of COPRA says that a person may appeal to the State Commission, within 30 days from the date of order, but would have to submit Rs. 25,000 or 50% of the awarded amount with the criteria of choosing being the lesser amount of the two amounts.

    Section 19 of COPRA says that a person may appeal, against the result of the State Commission, within 30 days from the date of order, but would have to submit Rs. 35,000 or 50% of the awarded amount with the criteria of choosing being the lesser amount of the two amounts.

    Section 23 of COPRA says that a person may appeal, against the result of the National Commission, within 30 days from the date of order, but would have to submit Rs. 50,000 or 50% of the awarded amount with the criteria of choosing being the lesser amount of the two amounts.

    *Forums & Supreme Court may allow the appeal after the period of 30 days if they seem to find reasonable causes for the delay.

Miscellaneous:


  • Ravneet Singh Bagga v. KLM Royal Dutch Airlines and another (2000) – Supreme Court observed that the “deficiency in service cannot be alleged without attributing fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be performed by a person in pursuance of a contract or otherwise in relation to any service. The burden of proving the deficiency in service is upon the person who alleges it.
  • HDFC Bank Limited v. Balwinder Singh – The issue was of the bank, or its credit recuperation specialist, utilizing musclemen to take coercive repossession of the hypothecated vehicle and accordingly making physical badgering and mental injury to the complainant. The District Forum permitted the complaint and guided the bank to pay of Rs. 4 lakh for repossessing the vehicle in this way and exchanging it to an outsider. The State Commission affirmed the request in claim. Adjudicating the bank's revision petition, the National Commission communicated stun that the bank had employed musclemen specifically or through its recuperation specialists(recovery agent) to recoup the advance/repossess the vehicle. The Commission additionally alluded to the State Commission's request, which had observed that the alleged letter delivered by the bank implying to the complainant deliberately giving over ownership of the vehicle was untrustworthy and that no notice was given to the complainant at the phases of repossession and offer of vehicle. In rejecting the request, the Commission depended upon its judgment in Citicorp Maruti Finance Limited v S. Vijayalaxmi [III (2007) CPJ 161 (NC)] where it had unequivocally deplored such practices. The Commission expelled the appeal to and granted Rs. 25,000 as exemplary costs.
  • Sehgal School of Competition v. Dalbir Singh – Complainant requested for refund on grounds of poor standards from the coaching school at completion of one year (it was a 2 year course). District Forum allowed it, eventually the other party filed a revision petition claiming that the provisions of the contract provide for the condition of unavailability of refunds. Commission eventually held that such a provision is heavily biased towards one side and should not be allowed. Nipun Nagar v. Symbiosis Institute of International Business observed that the collection of fees for the total period of a course is unjust.

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