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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 Sale of Goods Lawyers in India

Shreyash  Mohta

Shreyash Mohta

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Sale of Goods
  • Divorce
  • Domestic Violence
  • Family
  • Muslim Laws
Hi, this is Shreyash Mohta I have graduated from University of Calcutta and I am a practicing Advocate. I deal mostly with criminal & quasi criminal cases with exp of 1-1.5yrs. My prime area of expertise is in matters related to Family Disputes, Divorce, Domestic Violence, etc. View Full Profile
Total Answers Given : 1692
anil reddy  s

anil reddy s

Proprietor
Exp
Bangalore , Karnataka

Specialization

  • Sale of Goods
  • Property
  • Advertising
  • Debt And Lending Agreement
  • Environment And Natural Resources
Total Answers Given : 14
SUNDARAVADIVELU  VELU

SUNDARAVADIVELU VELU

Proprietor
Exp
Chennai , Tamil Nadu

Specialization

  • Sale of Goods
  • Tax-Income Tax
  • Civil
  • Partnership
  • Trust And Society (NGO)
SPECIALISED IN DIRECT AND INDIRECT MATTER, CHEQUE BOUNCE CRIMINAL CASES, PROPERTY DOCUMENTATION View Full Profile
Total Answers Given : 10
V.K  Singh

V.K Singh

Law firm
Exp
Delhi , Delhi

Specialization

  • Sale of Goods
  • Criminal
  • Commercial
  • Arbitration And Mediation
  • Contracts And Agreements
Highly experienced in criminal Law , handled High profile media highlighted criminal cases , regularly conducts seminars in Dubai and London on Indian Laws. Laws firm is having experts in Real estate , Criminal, property, IPR , corporate advisory as well as litigation in Supreme Court , High Court View Full Profile
Dharmendra  Damani

Dharmendra Damani

Partner, Damani & Damani
Exp
Mumbai suburban , Maharashtra

Specialization

  • Sale of Goods
  • Property
  • Financial Markets And Services
  • Landlord And Tenant
  • Power Of Attorney
Expertise with over 40 years of experience in all kinds of Property, Financial & Family dispute matters. Handling several matters across Supreme Court of India, Bombay High Court, Debt Recovery tribunals, City Civil Court, Session Court, Small Causes Court, Consumer forum, Metropolitan Magistrate's View Full Profile
Asha Narayan Nair

Asha Narayan Nair

BA.LLM (Senior Advocate)
Exp
Mumbai City , Maharashtra

Specialization

  • Sale of Goods
  • Criminal
  • Advertising
  • Animal Laws
  • Debt and Lending Agreement
naidu  n

naidu n

Senior Legal Consultant
Exp
Hyderabad , Telangana

Specialization

  • Sale of Goods
  • Civil
  • Admiralty and Maritime
  • Banking
  • Consumer Protection
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

  • Sale of Goods
  • Administrative Law
  • Consumer Protection
  • Commercial
  • Landlord And Tenant
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
Khansaeed  Pathan

Khansaeed Pathan

9
Exp
Beed , Maharashtra

Specialization

  • Sale of Goods
  • Criminal
  • Civil
  • Cheque Bounce
  • Child Custody
A confident, enthusiastic and self motivated professional with 9 years of qualitative experience in legal field; expert in handling civil & criminal litigations and consumer cases; View Full Profile
Total Answers Given : 9
PARDEEP KUMAR DHINGRA

PARDEEP KUMAR DHINGRA

PARTNER WITH LAW FIRM
Exp
South Delhi , Delhi

Specialization

  • Sale of Goods
  • Arbitration and Mediation
  • Bankruptcy and Debt
  • Contracts and Agreements
  • Commercial
16 years of Experience in fields of International & Domestic Arbitrations, Corporate & Commercial Litigation, Acquisition, Merger/Demerger, Regular Litigation in Property, Real Estate, Trade Mark, Copy Right, Recovery, Civil disputes, Contracts, Writ, LPA, SLP, FDI, ODI, NCLT (IBC, Insolvency)etc. View Full Profile
Total Answers Given : 2
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  • What is Sale of Goods Law?
  • What Laws are Applicable on Sale of Goods Law?
  • What is the Importance of Sale of Goods Act?

What is Sale of Goods Law?


Sale of Goods Laws are a kind of sub-branch of the Contract laws. These laws aim at facilitating the event of selling of goods in accordance with the relevant legal principles and ideas in mind. Barring the state of Jammu & Kashmir, this law is actionable to the whole of India.

Laws applicable on Sale of Goods Law-


  • Indian Sale of Goods Act 1930
  • Indian Contracts Act, 1872

What Indian Sale of Goods Act, 1930 says-


  • There must be a buyer & a seller w.r.t the contract which should be related to goods, i.e., movable property for this act to be applicable
  • All the essential elements of a Contract as per the Indian Contract Act are applicable here as well.
  • As per Section 2(7) of the Act, ‘goods’ refers to every kind of movable property apart from actionable claims & money (stocks & shares inclusive).

    Rights of Unpaid Seller-

    • Right of Lien – legal right of retaining possession of goods until the due consideration is received [Section 46(1)(a) and Section 47 to 49]
    • Right of Stoppage in Transit – seller has the right of preventing the transit of goods and reacquire possession until he receives the due consideration [Section 50 to 52]. He can do so even when the buyer becomes insolvent prior to the expiry of the initial credit period granted.
    • Right to Re-Sale – failure of providing the due consideration on part of the buyer within a reasonable time allows the unpaid seller for re-sale of his goods if the concerned goods are of a perishable nature, or if seller provided notice to buyer about his intention to resale despite which the buyer did not pay the due consideration, or if the seller expressly reserved his Resale rights.
    • The seller can also opt for resale if he had exercised his Right of Lien/ his right of stopping the transit but has to provide a notice to the buyer about the intention of re-sale to which he must respond to in a reasonable time. The seller may, on failure of the original buyer paying the due consideration, opt for re-sale and sue the original buyer for damages which may have occurred due to the breach of contract on the buyer’s part. [Section 54(2) of the Act]
    • Right of Withholding Delivery – when goods haven’t passed to the buyer and are still in seller’s possession he may retain the possession till he is paid. It is similar to the concept of ‘Right to Lien’.
    • Suit for Price- As per Section 55 of the Act, unpaid seller has the right to sue the buyer for price. As per Section 56 of the Act, the seller may sue for damages regarding ‘non-acceptance’ when the buyer wrongfully neglects or refuses to pay for the goods.

    Rights of Buyer-

    • As per Sections 31 & 32, he has the claim to the delivery of goods as per the agreed terms. He can reject goods if they don’t match the description provided for as per the agreement.
    • As per Section 41, buyer has the right of enjoying reasonable opportunity of the inspection of concerned goods.
    • As per Section 57, the buyer can sue the seller in the event of the seller refusing or wrongfully neglecting the delivery of goods.

Some important facts and cases about and under Adoption law


Personal belief and faith cannot dictate the adoption
In the case of Shabnam Hashmi Vs. Union of India and Others, 2005, the Supreme Court has decreed that prospective parents irrespective of their religious background are free to adopt children after the prescribed procedure. The court in its order said that 'personal beliefs and faiths, though must be honoured, cannot dictate the operation of the provisions of an enabling statute.

Interest of the Child comes first
Noting that the interests should be kept “first and foremost” during adoption, the Supreme Court on Monday directed the Centre and the States to frame regulations under the Juvenile Justice (Care and Protection) Act, 2015 to implement the new guidelines for in-country and inter-country adoption to make the process transparent, friendly and fool-proof.
“Whether it is in-country or inter-country adoption, the interest of the child should be supreme. There should be no compromise whatsoever,” Chief Justice of India T.S. Thakur, who headed a three-judge Bench, told the Centre.

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