1.

The term Rule of Law of got from French phase ‘la principle de legalite’ which implies the principle of legality. It refers to an administration in
view of standards of principles and not of man. Edward Coke is said to be the originator of this idea.

MEANING of Administrative LAW :

Administrative law is the body of law that governs the activities of authoritative offices of the administration/government which include of rule
making or legislation(when appointed to them by the Legislature as and when the need be),adjudication(to proclaim decisions while giving
judgement on certain matters),implementation/enforcement of public policy.

Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can
include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. As
a body of law, administrative law deals with the decision-making of the administrative units of government (for example, tribunals, boards or
commissions) that are part of a national regulatory scheme in such areas as police law, international trade, manufacturing, the environment,
taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies
worldwide created more government agencies to regulate the social, economic and political spheres of human interaction.

Purposes behind GROWTH:

REASONS FOR GROWTH:

1) Rise in complexity quality justified treatment variable by the state authorities in order to provide functioning in that area with vital certainty
and solutions.

2) Industrial revolution that resulted in the coming up of urban communities and new types of economic transactions necessitated handling of
affairs by govt in order to facilitate production,supply and exchange of products and services.

3) Technological developments and the increasing specialization has required for the increased need of particular treatment of undertakings by
govt authorities.

4) To permit important adaptability in the authoritative system so that the challenges emerging because of social and economic factors could be
tended to all the more adequately and efficiently.
5) To permit experimentation with a specific order to ensure the application of best fit model in a given situation

6) To permit participation of people in the administrative functioning to provide the necessary authority to the administrative officials so that they
can address the challenges arising due to extraordinary circumstances or crisis circumstances.

2.Object of environment act 1986 :

The Environment (Protection) Act was enacted in the year 1986. It was enacted with the main objective to provide the protection and
improvement of environment and for matters connected therewith. The Act is one of the most comprehensive legislations with pretext to
protection and improvement of environment.

The Constitution of India also provides for the protection of the environment. Article 48A of the Constitution specifies that the State shall
endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country. Article 51 A further provides that every
citizen shall protect the environment.

As mentioned earlier, the main objective of the Act was to provide the protection and improvement of environment and for matters connected
therewith. Other objectives of implementation of the EPA are:

 To implement the decisions made at the UN Conference on Human Environment held at Stockholm in June, 1972.
 To enact a general law on the areas of environmental protection which were left uncovered by existing laws. The existing laws were
more specific in nature and concentrated on a more specific type of pollution and specific categories of hazardous substances rather
than on general problems that chiefly caused major environmental hazards.
 To co-ordinate activities of the various regulatory agencies under the existing laws
 To provide for the creation of an authority or authorities for environmental protection
 To provide a deterrent punishment to those who endanger human environment, safety and health
 Section 2 of the EPA deals with definitions. Some important definitions provided in the Section are:
 Section 2 (a) “Environment” includes water, air, and land and the interrelationship that exists among and between water, air and land
and human beings, other living creatures, plants, micro-organism and property. This definition is not exhaustive but an inclusive one.
  Section 2 (b) “Environmental Pollutant” means any solid, liquid or gaseous substance present in such concentration as may be, or tend
to be injurious to environment.
 Section 2 (c) “Environmental Pollution” means the presence in the environment of any environmental pollutant6 . This implies the
imbalance in environment. The materials or substances when after mixing in air, water or land alters their properties in such manner,
that the very use of all or any of the air water and land by man and any other living organism becomes lethal and dangerous for health.
 Section 2 (e) “Hazardous Substance” means any substance or preparation which, by reasons of its chemical or physico-chemical
properties or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organism, property or
environment.

3.Essential Marriage of Hindu act 1955 :

ESSENTIAL CONDITIONS OF VALID HINDU MARRIAGE

Section 5 of Hindu marriage act 1955 mentions essential conditions of marriage, which are as under :-
i) Either of the parties at the time of marriage shall not have a living husband or wife.
ii) Either of the parties at the time marriage shall not be unsound mind effected or retarded of mental development.
iii) Male shall be of 21 years and female of 18 years of age at the time of marriage.
iv) Unless both the parties are governed by their custom or usage the marriage shall not occur between parties under degrees of prohibited
relationship.
v) Unless both the parties are governed by their custom or usage the marriage shall occur between parties related to each other by sapinda.
Section 7 of the Act also mentions another condition for valid marriage. According to it, marriage shall be solemnised according to customary
tradition and rituals. Where saptpadi is necessary it required to be performed compulsoryily. Case : Sujeet Kaur v/s Garja Singh 1994, it was
proved. But in the case of Nilabba Somnath Tarapur v/s Divisional Controller KSRTC Bijapur -2002, it was held that where saptpadi is not
necessary according to tradition and rituals there a marriage solemnised without Saptpadi shall also be valid.
Section 8 of the act is provides for the registration of marriage but it is not necessary although Kangawai v/s Saroj -2002, It was recommended to
make the registration of Marriage necessary.
Now there are some slight changes have been made in the Hindu Marriage Act, 1955 and certain conditions has been imposed far a valid
marriage which gives it a farm of agreement :
1. The parties of marriage shall be major i.e. male should be above 21 years of age and female should be above l8 years of age.
2. Both parties should be of sound mind.
3. Provision of dissolution of marriage.
4. Saptpadi not necessary.
However there are certain provision of Hindu Marriage Act, 1955 which makes it sacred in its nature :-
1. Marriage of minor shall not be considered to be void or voidable.
2. Unsoundness shall not be the ground of void marriage, rather shall be for voidable marriage.
3. The law & procedure of dissolution of marriage is not simple.
4. Where Saptpadi is necessary it has to be performed.
5. Caste based customs and usage in marriage are recognised.
6. Marriage not allowed among sapinda prohibited relations.
As to the question of marriage when there is already living husband or wife. It was held in the case of Rampyari v/s Dharamdas 1984: “that if
any one performs second marriage when there is already living husband or wife, then such marriage shall be void.”
4.

4.Mortage :

According to Section 58 of the Transfer of Property Act, 1882, a mortgage is the transfer of an interest in specific immoveable property for the
purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt or the performance of an
agreement which may give rise to pecuniary liability.[1]

The transferor is called a mortgagor, the transferee a mortgagee; the principal money and interest the payment of which is secured for the time
being are called the mortgage money and the instrument by which the transfer is affected is called the mortgage deed.[2]

Section 58(b) – Simple mortgage-Where, without delivering possession of the mortgaged property, the mortgagor binds himself personally to
pay the mortgage-money, and agrees, expressly or impliedly, that, in the event of his failing to pay according to his contract, the mortgagee
shall have a right to cause the mortgaged property to be sold and the proceeds of sale to be applied, so far as may be necessary, in payment of
the mortgage-money, the transaction is called a simple mortgage and the mortgagee a simple mortgagee.The fundamental characteristic of
simple mortgage is that the mortgagee has no right to liquidate the property without the permission of the court. The mortgagee can[11]:

 Apply to the court for consent to offer the sold property, or

 File a suit for recuperation of the entire sum without offering the property.

Section 58(e) English mortgage-Where the mortgagor binds himself to repay the mortgage-money on a certain date, and transfers the
mortgaged property absolutely to the mortgagee, but subject to a proviso that he will re-transfer it to the mortgagor upon payment of the
mortgage-money as agreed, the transaction is called an English mortgage. 4[(f) Mortgage by deposit of title-deeds.—Where a person in any of
the following towns, namely, the towns of Calcutta, Madras, 5[and Bombay], 6[* * *] and in any other town7 which the 8[State Government
concerned] may, by notification in the Official Gazette, specify in this behalf, delivers to a creditor or his agent documents of title to
immoveable property, with intent to create a security thereon, the transaction is called a mortgage by deposit of title-deeds.

Simple mortgage is distinguished from other forms of mortgage by the presence of a personal covenant. In simple mortgage, the mortgagor
binds himself personally to the mortgagee to repay the loan and also pledges his property as a security, which can be liquidated on default of
payment. But a decree has to be passed by the court to liquidate the security and without the intervention of the court, the security cannot be
liquidated. One more characteristic that must be kept in mind that there is only a partial transfer of interest from the mortgagor to the
mortgagee on transfer of property.

5.

Advocates, in addition to being professionals, are also officers of the courts and play a vital role in the administration of justice.

Accordingly, the set of rules that govern their professional conduct arise out of the duty that they owe the court, the client, their opponents and
other advocates.

Rules on the professional standards that an advocate needs to maintain are mentioned in Chapter II, Part VI of the Bar Council of India Rules.
These rules have been placed there under section 49(1)(c) of the Advocates Act, 1961.

RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT

1. Act in a dignified manner

During the presentation of his case and also while acting before a court, an advocate should act in a dignified manner. He should at all times
conduct himself with self-respect. However, whenever there is proper ground for serious complaint against a judicial officer, the advocate has a
right and duty to submit his grievance to proper authorities.

2. Respect the court

An advocate should always show respect towards the court. An advocate has to bear in mind that the dignity and respect maintained towards
judicial office is essential for the survival of a free community.

3. Not communicate in private

An advocate should not communicate in private to a judge with regard to any matter pending before the judge or any other judge. An advocate
should not influence the decision of a court in any matter using illegal or improper means such as coercion, bribe etc.

4. Refuse to act in an illegal manner towards the opposition

An advocate should refuse to act in an illegal or improper manner towards the opposing counsel or the opposing parties. He shall also use his best
efforts to restrain and prevent his client from acting in any illegal, improper manner or use unfair practices in any mater towards the judiciary,
opposing counsel or the opposing parties.

5. Refuse to represent clients who insist on unfair means

An advocate shall refuse to represent any client who insists on using unfair or improper means. An advocate shall excise his own judgment in
such matters. He shall not blindly follow the instructions of the client. He shall be dignified in use of his language in correspondence and during
arguments in court. He shall not scandalously damage the reputation of the parties on false grounds during pleadings. He shall not use
unparliamentary language during arguments in the court.

6. Appear in proper dress code

An advocate should appear in court at all times only in the dress prescribed under the Bar Council of India Rules and his appearance should
always be presentable.

7. Refuse to appear in front of relations

An advocate should not enter appearance, act, plead or practice in any way before a judicial authority if the sole or any member of the bench is
related to the advocate as father, grandfather, son, grandson, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt,
niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law.

8. Not to wear bands or gowns in public places

An advocate should not wear bands or gowns in public places other than in courts, except on such ceremonial occasions and at such places as the
Bar Council of India or as the court may prescribe.

9. Not represent establishments of which he is a member

An advocate should not appear in or before any judicial authority, for or against any establishment if he is a member of the management of the
establishment. This rule does not apply to a member appearing as “amicus curiae” or without a fee on behalf of the Bar Council, Incorporated
Law Society or a Bar Association.

10. Not appear in matters of pecuniary interest

An advocate should not act or plead in any matter in which he has financial interests. For instance, he should not act in a bankruptcy petition
when he is also a creditor of the bankrupt. He should also not accept a brief from a company of which he is a Director.

11. Not stand as surety for client

An advocate should not stand as a surety, or certify the soundness of a surety that his client requires for the purpose of any legal proceedings.