The document discusses key Indian banking laws and regulations. It outlines the Banking Regulation Act of 1949 and the Reserve Bank of India Act of 1934, which establish the regulatory framework for banking in India. The Banking Regulation Act defines banking activities and sets requirements around licensing, management, and restrictions. The Reserve Bank of India Act establishes RBI as the central bank of India, giving it authority over monetary policy, banking supervision, and other central banking functions.
NEGOTIABLE INSTRUMENTS ACT, 1881
STRUCTURE
1.0 Objectives
1.1 Introduction
1.2 Meaning of Negotiable Instruments
1.3 Characteristics of a negotiable instrument
1.4 Presumptions as to negotiable instrument
1.5 Types of negotiable Instrument
1.5.1 Promissory notes
1.5.2 Bill of exchange
1.5.3 Cheques
1.5.4 Hundis
1.6 Parties to negotiable instruments
1.6.1 Parties to Bill of Exchange
1.6.2 Parties to a Promissory Note
1.6.3 Parties to a Cheque
1.7 Negotiation
1.7.1 Modes of negotiation
1.8 Assignment
1.8.1 Negotiation and Assignment Distinguished
1.8.2 Importance of delivery in negotiation
1.9 Endorsement
1.10 Instruments without Consideration
1.11 Holder in Due Course
NEGOTIABLE INSTRUMENTS ACT, 1881
STRUCTURE
1.0 Objectives
1.1 Introduction
1.2 Meaning of Negotiable Instruments
1.3 Characteristics of a negotiable instrument
1.4 Presumptions as to negotiable instrument
1.5 Types of negotiable Instrument
1.5.1 Promissory notes
1.5.2 Bill of exchange
1.5.3 Cheques
1.5.4 Hundis
1.6 Parties to negotiable instruments
1.6.1 Parties to Bill of Exchange
1.6.2 Parties to a Promissory Note
1.6.3 Parties to a Cheque
1.7 Negotiation
1.7.1 Modes of negotiation
1.8 Assignment
1.8.1 Negotiation and Assignment Distinguished
1.8.2 Importance of delivery in negotiation
1.9 Endorsement
1.10 Instruments without Consideration
1.11 Holder in Due Course
elationship between banker and customer
,
definition of a banker and customer
,
definition of banking
,
general relationship between banker and customer
,
relationship as debtor and creditor
,
special relationship: banker as trustee
,
pawner and pawnee
,
bailer and bailment relationship
,
mortgager and mortgagee relationship
,
executer
,
attorney
,
guarantor
,
duties of a customer
,
rights and duties of the banker towards the custom
,
rights of a banker
,
garnishee order
Collecting Banker: Duties, Statutory Protection and Concept of Negligence, Position of a Collecting Banker, Duties and Responsibilities of Collecting Banker,Statutory Protection to Collecting Banker, Holder
and
Holder in Due Course
The presentation TRANSFER OF PROPERTY ACT, 1882 includes the object of the Act, property, transfer, nature of transfer, kinds of transfer, the difference between movable and immovable property etc.
Constitution, Management & Functions OF R.B.ITejinder Bhatti
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The Reserve Bank of India was set up on the basis of the recommendations of the Hilton Young Commission. The Reserve Bank of India Act, 1934 (II of 1934) provides the statutory basis of the functioning of the Bank, which commenced operations on April 1, 1935.
The Bank was constituted to-
Regulate the issue of banknotes
Maintain reserves with a view to securing monetary stability and
To operate the credit and currency system of the country to its advantage.
elationship between banker and customer
,
definition of a banker and customer
,
definition of banking
,
general relationship between banker and customer
,
relationship as debtor and creditor
,
special relationship: banker as trustee
,
pawner and pawnee
,
bailer and bailment relationship
,
mortgager and mortgagee relationship
,
executer
,
attorney
,
guarantor
,
duties of a customer
,
rights and duties of the banker towards the custom
,
rights of a banker
,
garnishee order
Collecting Banker: Duties, Statutory Protection and Concept of Negligence, Position of a Collecting Banker, Duties and Responsibilities of Collecting Banker,Statutory Protection to Collecting Banker, Holder
and
Holder in Due Course
The presentation TRANSFER OF PROPERTY ACT, 1882 includes the object of the Act, property, transfer, nature of transfer, kinds of transfer, the difference between movable and immovable property etc.
Constitution, Management & Functions OF R.B.ITejinder Bhatti
Â
The Reserve Bank of India was set up on the basis of the recommendations of the Hilton Young Commission. The Reserve Bank of India Act, 1934 (II of 1934) provides the statutory basis of the functioning of the Bank, which commenced operations on April 1, 1935.
The Bank was constituted to-
Regulate the issue of banknotes
Maintain reserves with a view to securing monetary stability and
To operate the credit and currency system of the country to its advantage.
In this presentation, I have stated some important topics and concepts of Banking law. which can help an individual to enhance his knowledge Banking as well as in law.
The Theory and Practice of Banking: A power point presentationNiki Hannevig
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The Theory and Practice of Banking (book format) - https://archive.org/stream/theoryandpracti01maclgoog#page/n501/mode/1up
The Theory and Practice of Banking (PDF format) - https://ia600304.us.archive.org/1/items/theoryandpracti01maclgoog/theoryandpracti01maclgoog.pdf
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It is a legislation in India that regulates all banking firms in India. it came into force from 16 March 1949 and changed to Banking Regulation Act 1949 from 1 March 1966. It is applicable in jammu and Kashmir from 1956.
Enacted: 10 March 1949
Enacted by: Parliament of India
Territorial extent: Whole of India
Key Takeaways:
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Permissible activities of IBUs
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2. Banki ng Law
 Legislations
 Banking Regulations Act 1949
 Reserve Bank Of India Act 1934
3. Banki ng Law
 Banking Regulations Act 1949
Section 5(b)defines banking as accepting for the
purpose of lending or investing of deposits of money
from the public repayable on demand, and
withdrawal by cheque, draft or order
Permitted business of Banking
Borrowing, lending or advance of money, dealing in
bills of exchange, hundis promissory notes …..
 Acting as agents for government or local authority or
any other person or persons
Contracting for public and private loans and
negotiating and issuing the same
Continued…………….
4. Banki ng Law
 Dealing with issues of shares, loans , debentures etc
for any company
 Carrying on and transacting every kind of guarantee
and indemnity business
 Undertaking and executing trusts
 Undertaking the administration of estates as executor
trustee or otherwise
 Selling, improving, managing, developing,
exchanging, leasing, mortgaging or dealing with any
or all maters of the property or compampany
 Any other form of business as specified by the
government in the Official Gazette
5. Banki ng Law
 Business prohibited for Banks
 No banking company shall directly or indirectly
deal in the buying or selling or bartering of goods
except in connection with the realization of
security given to or held by it.
6. Banki ng Law
 Licensing of Banking Companies
 Section 22 specifies that RBI will issue license to a
banking company after inspecting the books of the
banking company and satisfaction of the following
conditions
 That the company is in a position to pay its present or future
depositors in full as teir claims accrue
 That he proposed management will not be prejudicial to the
public interest or to the interest of its depositors
 That the company has adequate capital structure and earning
prospects
continued …………………
7. Banki ng Law
 The RBI can cancel the license of the bank if it
finds
If the company ceases to carry on banking business
in India
Fails to comply any of the conditions imposed on it
under subsection(1), 3,3(A)
Section 23 deals with opening of branches
8. Banki ng Law
 Restrictions on loans and advances
 Section 20 (notwithstanding anything to the contrary
in section 77 of the companies act 1956 ) no company
shall
 Grant loans and expenses on the security of its own shares
 Enter into any commitment for granting any loan or advance
to or on behalf of
 Any of its directors
 Any firm in which any director is interested as partner, guarantor or
employee
 Any individual in respect of whom any of the directors is partner or
guarantor
9. Banki ng Law
 Management of Banking Companies
 Section 10 prohibits employment of managing agents
Section 10(a) specifies that 51% of directors in any board of
directors of banking companies shall satisfy the following
conditions:
 Shall have special knowledge of one of the following
 Accountancy
 Agriculture or rural economy
 Co-operation
 Economics
 Finance
 Law
 Small-scale industry
 Any other matter the knowledge and experience of which in the opinion
of the RBI be useful to the banking company
10. Banki ng Law
Shall not have substantial interest in, or be
connected with, whether as employee, manager or
managing agent :
Any company not registered under section 25
Any firm which carries on any trade, commerce or
industry which in either case is not a small-scale
industrial concern
Be proprietors of any trading, commercial or industrial
concern, not being a small-scale industrial concern
11. Banki ng Law
 If the above criteria is not met RBI may
 Instruct to reconstruct the composition of the
board
 Remove a director and appoint a person of its
choice
It will be deemed that such an individual be elected
by the banking company
12. Banki ng Law
 Subsection 2(a) states that a director
 Cannot hold office for more than eight years
 Once removed from his office cannot be reappointed
for next 14 years
 Section 16 any person who is already director of a
banking company is barred from directorship in any
other banking company Directors appointed by the RBI
are exempt from this rule
13. Banki ng Law
 Reserve Bank Of India Act 1934
 Central bank of India
 Established April1,1935 under Reseve Bank of
India Act 1934
 Was nationalized in 1948
 Performs the function of
Central Banking
Supervisory control of banks
Promotional banking
14. Banki ng Law
 Central Banking Function
 Issue of Currency
 Issues and regulates banknotes of all denominations through a
separate issues department
 Required to maintain gold and foreign exchange reserves in the form
of minimum reserve systems
 Banker to Government
 Banker to the central and state governments transacts business by
 Maintaining cash balance
 Receiving and making payments
 Managing public debt
 Providing advances to the government for 90 days
 Advising government on floating of loans and legislation affecting banking
continued ………………
15. Banki ng Law
 Bankers and lenders of last resort
 Scheduled banks can borrow from RBI on basis of
eligible securities
 Obtain financial accommodation by rediscounting
their bills of exchange
 Supervision of banks : the RBI has statutory power to
regulate the credit generated by banks
 Section 21 RBI can control the advances against commodities
under Selective Credit Control Mechanism it can stipulate the
 The purpose
 Margin
 Rate of interest
continued ……….
16. Banki ng Law
 The volume of credit is normally controlled through the
regulatory instruments of bank rate, open market
operations and variable cash reserve requirements.
Control over bank rate is liberalized. However it remains a
bench mark in the fluctuating interest rate regime. Bank
rate is the rate of interest at which the RBI rediscounts
bills of exchange
RBI can impound bank reserves to maintain the
liquidity of assets in the form of statutory liquidity
ratio, the following assets are taken into account
Cash in hand (India)
Balance in current account with India
Investment in government securities