- Who are Competent to Contract?
- TRIPS Agreement: Meaning and Scope
- Trademarks Law & Legislation in India
- Trademark Protection for 3D Mark
- Trademark Infringement and Attempts to Pass Off
- Specific Performance in Contracts
- Remedies of Breach of Contract
- Protection of Pattern Mark in India
- Protecting Hologram Trademark in India
- Privileged Communication: Meaning and Types
- Pradhan Mantri Matsya Sampada Yojana (PMMSY)
- Parole: Definition and Meaning
- National Water Mission (NWM)
- National Steel Policy, 2017
- National River Conservation Plan, 1995
- National Policy for Women, 2016
- National Pharmaceutical Pricing Authority (NPPA)
- National Mission for a Green India (GIM)
- National Health Policy
- National Energy Policy (NEP)
- National Education Policy, 2020 (NEP)
- National Civil Aviation Policy
- National Bamboo Mission
- National Afforestation and Eco-Development Board (NAEB)
- National Action Plan on Climate Change
- Mortmain: Definition and Meaning
- Mines Rules, 1955
- Mineral Conservation and Development Rules, 1988
- Mineral Concession Rules, 1960
- Metal Elements in Tort Law
- Homosexuality and Law in India
- Hazardous Wastes (Management and Handling) Rules, 1989
- Frustration of Contract
- Force Majeure: Definition and Meaning
- Fair Use of Trademark
- Express and Implied Promise: Indian Contract Act
- Estoppel: Meaning and Types
- Elements of Torts
- Digital Signature: Meaning and Types
- Demise: Definition and Meaning
- Defences to the Tort of Negligence
- Confession: Meaning and Types
- Conditions and Warranties
- Communication when Complete: Indian Contract Act
- Coercion: Definition and Meaning
- Central Consumer Protection Authority
- Burden of Proof: Definition and Meaning
- Biodiversity and Intellectual Property Rights
- Bail Vs Parole
- Advertising Standards Council of India (ASCI)
- Advertising Law in India
- World Intellectual Property Organization: WIPO
- Well-known Trademark in India
- Wages: Definition and Meaning
- Unorganized Workers & Labour Laws
- Unfair Labour Practices
- Transfer Petition under CPC
- Transfer of Cases under CrPC
- Trademark Protection for Sound Mark
- Trademark Protection for Smell Marks
- Trademark Protection for Slogans and Taglines
- Trademark Protection for Motion Mark
- Trademark Protection for Domain Name in India
- Trademark Protection for Colour Marks
- Trademark Protection for Collective Mark
- Trademark Dilution: Meaning and Application
- Trademark Assignment and Licensing
- The Protection of Women from Domestic Violence Act
- Stalking: Definition and Meaning
- Role and Function of Public Prosecutor
- Revenue Court in India
- Remedies Under Tort Law
- Purpose of Labor Legislation in India
- Protection of Well-known Trademarks
- Promises of Marriage an Excuse of Rape
- Presumption: Meaning and Types
- Powers of Executive Magistrate
- Passing off Action: Definition and Meaning
- Oral and Documentary Evidence: Definition and Meaning
- Nyaya Panchayat: Meaning and Function
- Negotiable Instrument: Meaning and Types
- Labour Policy in India
- Judicial Infrastructure and Pendency in Trial Courts
- Indirect Infringement: Definition and Meaning
- False Advertising: Definition and Meaning
- Evolution of Wages Law in India
- E-filing: Meaning & Application
- Dying Declaration: Meaning and Definition
- Domestic Violence: Meaning and Types
- Direct Infringement: Definition and Meaning
- Digital Evidence: Meaning and Sources
- Difference between Joint Hindu Family and Coparcenary
- Difference between Decree and Order
- Difference Between Civil Law and Criminal Law
- Delegated Legislation in India
- Cybersquatting: Definition and Meaning
- Curative Petition: Definition and Meaning
- Counterfeiting: Definition and Meaning
- Contract Labour: Definition and Meaning
- Child Labour: Meaning and Causes
- Child Abuse and Protection Laws
- Admission: Definition and Meaning
- Women and Labour Laws
- Water Policies in India
- Water Law: Definition and Meaning
- Waste Management Law
- Universal Copyright Convention: Definition and Application
- Trade-Secret: Definition and Meaning
- Trademark: Definition and Meaning
- Trademark Search Clearance: Meaning and Types
- Trademark Registration: Meaning and Process
- Trademark Protection of the Trade Dress
- Trademark Opposition: Meaning and Application
- Trademark Infringement: Meaning and Types
- The Berne Convention: Meaning and Application
- Strict Liability: Definition and Meaning
- Sociology of Law: Definition and Meaning
- Sessions Court in India
- Second Marriage in Hindu Law
- Replevin: Definition and Meaning
- Quasi-Judicial Body: Definition and Meaning
- Products Liability: Definition and Meaning
- Patentable Subject Matter: Definition and Meaning
- Patentability Criteria
- Patent Infringement: Definition and Meaning
- Parsi Personal Law in India: An Overview
- Paris Convention for the Protection of Industrial Property
- Muslim Personal Law: Meaning and Sources
- Mining Law: Definition and Meaning
- Major Legislation on Forest Law
- Lok Adalat: Definition and Meaning
- Lien: Definition and Meaning
- Legal Rights: Definition and Meaning
- Legal Culture: Definition and Meaning
- Legal Code: Definition and Meaning
- Labour Laws Throughout the World
- Invasion of Privacy: Definition and Meaning
- International Labour Organisation
- Good Faith: Definition and Meaning
- Geographical Indication: Definition and Meaning
- Geographical Indication Tag: Definition and Meaning
- Game Laws: Definition and Meaning
- Fraud: Meaning and Definition
- Forestry Law: Definition and Meaning
- Forest Policies in India
- Fisheries Policies in India
- Fisheries Law: Definition and Meaning
- False Imprisonment: Definition and Meaning
- Elements of Patentability
- Duration of Patent
- Dossier: Definition and Meaning
- Doctrine of Laches: An Analysis
- Divorce in Indian Law
- Designs: Definition and Meaning
- Defences Against Infringement
- Defamation in Cyber world
- Death Penalty: Definition and Meaning
- Cyber Extortion: Definition and Meaning
- Culprit: Definition and Meaning
- Contributory Infringement: Definition and Meaning
- Chattel: Definition and Meaning
- By-Laws: Definition and Meaning
- Bailable and Non-Bailable Offence
- Animal Laws in India: An Overview
- Amicus Curiae: Definition and Meaning
- Air Quality Law: Definition and Meaning
- Narcotic Drugs Law: Meaning and Application
- Alternative Dispute Resolution: Meaning & Significance
- Substantive Law: Meaning and Significance
- Schools of Jurisprudence: Meaning & Types
- Procedural Law: Meaning and Significance
- Maritime Law: Meaning and Application
- Legitimacy of Children of Void and Voidable Marriages
- Law of the Sea: Meaning and Application
- Election Laws in India
- Tax Law: Meaning & Application
- Sources of Human Rights Law
- Legal Treaties: Meaning & Significance
- Environment Law: Meaning and Significance
- Consumer Law: Meaning and Significance
- Competition Law: Meaning & Application
- Banking Law: Meaning & Applicability
- Aviation Law: Meaning & Applicability
- Antitrust Law: Meaning & Applicability
- Indian Constitutional Law: Meaning & Significance
- District Courts: Meaning & Classification
- All India Bar Examination: Meaning & Purpose
- Labour Law: Meaning & Significance
- Differences between Private Law and Public Law
- Customary Law: Meaning & Significance
- Contract Law: Meaning & Application
- Constitutional Law: Meaning and Significance
- Absolute Liability: Concept and Significance
- Criminal Law: Meaning and Significance
- Religious Law: Meaning & Examples
- Philosophy of Law: Meaning and Characteristics
- Morality and Justice
- Law: Definition and Meaning
- Evolution of the Law
- Classification of Law
Bare Acts of India
- Delhi Shops and Establishment Act
- Trade Union Act: An Overview
- Employment Exchanges (Compulsory Notification of Vacancies) Act: An Overview
- Factories Act: An Overview
- Employees State Insurance Act: An Overview
- Employee Provident Fund and Miscellaneous Provisions Act: An Overview
- Apprentices Act: An Overview
- Whistle Blowers Protection Act: An Overview
- Transfer of Property Act: An Overview
- Trademark Act: An Overview
- The Family Courts Act: An Overview
- Specific Relief Act: An Overview
- Societies Registration Act, 1860
- Securities and Exchange Board of India Act: An Overview
- Right to Information Act: An Overview
- Regulation of Narcotic Drugs Act
- Registration of Births and Deaths Act: An Overview
- Recovery of Debts Due to Banks and Financial Institutions Act: An Overview
- Provincial Small Cause Courts Acts: An Overview
- Protection of Children from Sexual Offences Act: An Overview
- Negotiable Instruments Act: An Overview
- Narcotic Drugs and Psychotropic Substances Act: An Overview
- Motor Vehicle Act: An Overview
- Minimum Wage Act: An Overview
- Mental Healthcare Act, 2017
- Medical Termination of Pregnancy Act: An Overview
- Lokpal and Lokayukta Act: An Overview
- Information Technology Act: An Overview
- Industrial Disputes Act: An Overview
- Indian Trusts Act: An Overview
- Indian Stamp Act: An Overview
- Indian Christian Marriage Act: An Overview
- Income Tax Act: An Overview
- Hindu Adoptions and Maintenance Act: An Overview
- General Clauses Act: An Overview
- Food Safety and Standards Authority of India (FSSAI)
- Court-fees Act: An Overview
- Court Contempt Act: An Overview
- Code of Criminal Procedure: An Overview
- Citizenship Act: An Overview
- Chit Funds Act: An Overview
- Banking Regulation Act: An Overview
- The Arms Act: An Overview
- The Commercial Courts Act: An Overview
- The Companies Act: An Overview
- The Water (Prevention and Control of Pollution) Act: An Overview
- The Unlawful Activities (Prevention) Act: An Overview
- The Transgender Persons (Protection of Rights) Act: An Overview
- Rights of Persons with Disabilities Act: An Overview
- The Patent Act: An Overview
- The Passports Act: An Overview
- The Hindu Succession Act: An Overview
- The State Bank of India Act: An Overview
- The Reserve Bank of India Act: An Overview
- The National Green Tribunal Act: An Overview
- National Commission for Minorities Act: An Overview
- The Copyright Act: An Overview
- The Air (Prevention and Control of Pollution) Act: An Overview
- The Central Goods and Services Tax: An Overview
- The Advocates Act: An Overview
- The Registration Act: An Overview
- The Wildlife Protection Act: An Overview
- The Customs Act: An overview
- The Airports Authority of India Act: An Overview
- Mines and Minerals Act: An Overview
- The Muslim Personal Law (Shariat) Act: An Overview
- The Legal Services Authorities Act: An Overview
- The Indian Succession Act: An Overview
- The National Security Act of 1980
- The Hindu Widow Remarriage Act: An Overview
- The Essential Commodities Act: An Overview
- The Environment Protection Act: An Overview
- The Charitable and Religious Trust Act: An Overview
- The Arbitration and Conciliation Act: An Overview
- Mental Health Act: An Overview
- The Consumer’s Protection Act: An Overview
- Anti-Hijacking Act: An Overview
- The Right of Children to Free and Compulsory Education Act: An Overview
- The Prevention of Corruption Act: An Overview
- The Maternity Benefit Act: An Overview
- The Indian Waqf Act: An Overview
- Payment of Gratuity Act: An Overview
Civil Procedure Code
- Temporary Injunction: Meaning & Application
- Suits by Indigent Persons: Meaning and Significance
- Stay Order: Meaning and Application
- Decree: Meaning and Types
- Bar to Jurisdiction: Meaning and Types
- Summary Suits: Meaning & Application
- Importance of Plaint in Civil Proceedings
- Malicious Prosecution: Meaning & Remedy
- Judgment and its Content
- Code of Civil Procedure: Meaning & Significance
- Procedure of Institution of Civil Suits
- Inherent Powers of the Civil Court
- Hierarchy of Civil Courts and Their Jurisdiction
- Ex-parte Proceeding of Suit: Meaning & Consequence
- Dismissal of Suit: Reason & Remedy
- Appearance and Non-Appearance of Parties
- Res Judicata: Meaning and Application
- Transfer of Suits Under the Civil Procedure Code
- Can Plaintiff Withdraw the Suit?
- Parties to the Suit: Civil Procedure Code of India
Constitutional Law
- Parliament: Meaning and Constitution
- Fraternity: Definition and Meaning
- Financial Bill: Meaning and Types
- Equality: Definition and Meaning
- Election Commission of India
- Constituent Assembly
- Whip in Indian Political System
- Procedure Established by Law: Definition and Meaning
- Fundamental Rights and the Indian Constitution
- Fundamental Duties and the Indian Constitution
- Freedom of Speech and Expression
- Freedom of Religion: Definition and Meaning
- Free Legal Aid: A Constitutional Provision
- Habeas Corpus: Definition and Meaning
- Impeachment: Meaning and Procedure
- Judiciary: Definition and Meaning
- Protection against Arrest and Detention
- Right Against Exploitation: Definition and Meaning
- Veto Power of the Indian President
- Separation of Judiciary from Executive
- Right to Life and Personal Liberty: Article 21
- Right to Education: As a Fundamental Right
- Executive: Definition and Meaning
- Directive Principles of State Policy and Constitution
- Difference Between Fundamental Rights and Fundamental Duties
- Constitution Bench: Definition and Meaning
- Citizenship In India: Part II of the Constitution
- 73rd Amendment Act: Panchayati Raj System
- House of People: Meaning and Composition
- Legislature: Meaning and Types
- Minorities: Meaning and Types
- Legal Aid in India
- Writs: Meaning and Types
- The High Court and Its Judges
- Statutory Law: Meaning and Significance
- Separation of Powers: Definition and Meaning
- Rights of an Arrested Person
- Preamble: Definition and Meaning
- Jurisdiction of Supreme Court of India
- Judicial Review: Meaning and Significance
- Freedom of Speech: Definition and Meaning
- Federalism in India
- Attorney General of India: Meaning and Role
- Amendments of the Constitution
- Advocate General: Meaning and Role
Jury & Judge
- 曼达科拉图尔帕坦加利萨斯特里:印度前首席法官
- H.L. Dattu: Former Chief Justice of India
- Lalit Mohan Sharma: Former Chief Justice of India
- Sudhi Ranjan Das: Former Chief Justice of India
- Sharad Arvind Bobde: Former Chief Justice of India
- Sarv Mittra Sikri: Former Chief Justice of India
- Sarosh Homi Kapadia: Former Chief Justice of India
- Rangnath Misra: Former Chief Justice of India
- P.B. Gajendragadkar: Former Chief Justice of India
- Nuthhalapati Venkata Ramana: Former Chief Justice of India
- Konakuppakatil Gopinathan Balakrishnan: Former Chief Justice of India
- Koka Subba Rao: Former Chief Justice of India
- Kamal Narain Singh: Former Chief Justice of India
- Kailas Nath Wanchoo: Former Chief Justice of India
- Justice A.N. Ray: The Former Chief Justice of India
- Jayantilal Chhotalal Shah: Former Chief Justice of India
- Jagdish Sharan Verma: Former Chief Justice of India
- Indira Banerjee: Former Justice of the Supreme Court
- H.J. Kania: First Chief Justice of India
- Fathima Beevi: The First Female Justice of the Supreme Court
- Dhananjaya Yashwant Chandrachud: 50th Chief Justice of India
- Amal Kumar Sarkar: Former Chief Justice of India
- Adarsh Sein Anand: Former Chief Justice of India
- Prafullachandra Natwarlal Bhagwati: Former Chief Justice of India
- Mohammad Hidayatullah: Former Chief Justice of India
- Mirza Hameedullah Beg: Former Chief Justice of India
- U.U. Lalit: Former Chief Justice of India
- Vishweshwar Nath Khare: Former Chief Justice of India
- V. R. Krishna Iyer: Former Justice of the Supreme Court
- Yogesh Kumar Sabharwal: Former Chief Justice of India
陪审团与法官
陪审团和法官
- 布凡纳什瓦尔·普拉萨德·辛哈:前印度最高法院法官
- Engalaguppe Seetharamiah Venkataramiah:印度前最高法院首席大法官
- 布平德·纳特·基尔帕尔:印度前首席法官
- 阿尔塔马斯卡比尔:印度前首席大法官
- Jagdish Singh Khehar:印度前首席大法官。
- 杜帕克·米什拉:印度前首席大法官
- Ranjan Gogoi: 印度前首席大法官
陪审团和法官 (péi shěn tuán hé fǎ guān)
陪审团与法官 (Péi shěn tuán yǔ fǎ guān)
The word "banking law" refers broadly to the laws that control how banks and other financial organizations operate. A bank is a type of financial entity that offers its cpents banking and other kinds of financial services. A bank is typically thought of as a business that offers basic banking services pke receiving deposits and disbursing loans. A portion of the financial services sector includes banks.
Bank is the term derived from the German word "banck," which means "heap, mound, or joint sock fund." With this, the Itapan word "banca," which means "heap of money," was coined.
What is the meaning of Banking Law?
Banking law in India is regulated by the Banking Regulation Act, 1949, which regulates all banking firms in India. The act was enacted to safeguard the interests of the depositors, to control the abuse of powers by controlpng the banks by any means necessary, and to further the interests of the Indian economy in general.
"Banking" can be defined as "the business of banking," a vibrant business that continually evolves to meet the latest financial needs and economic conditions. In order to understand how banking evolves, it is important to gain a broad understanding of financial concepts, fundamental banking functions, and the banking business in a technology-driven world.
History of Banking in India
Banking in India has a very special origin; it started with the giving of loans to others. Banking was synonymous with money lending. Manusmirithi speaks of deposits, pledges, loans, and interest rates. Interest could be legally charged between 2% - 5% per month, according to the transaction. The state regulated these transactions to prevent overcharging of interest by the lenders, and collection of usury was not allowed during those periods. The debtor or his family member had a pious obpgation to repay the debt to the heir of the deceased person. With the development of trade and commerce, the traders evolved a system of money transfer. The main instrument used in that period was the bill of exchange, or hundi. The Indian bankers acted as treasurers. The Indian bankers acted as treasurers and insurer money changer.
;Year | Evolution and Banking Reforms |
---|---|
Second half of 19th Century |
Some exchange banks and Indian joint stock banks were set up. |
1900 | Nine joint-stock companies, eight exchange banks, and three presidency banks existed. |
1921 |
Imperial Bank of India (IBP) three presidency banks were amalgamated and IBI formed under Companies Act, 1913. |
1900-1930 |
Due to world war and other financial crisis, to maintain stabipty in financial system the central banks were emerged all around the world. |
1934 |
The Reserve Bank of India was created as the Central bank for India. |
1949 |
The Banking Regulation was enacted to regulation and restructure banks in India. |
1950 |
The Banking Regulation was enacted to regulation and restructure banks in India. Incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations, but not including co-operative societies. |
1955 |
The SBI Act was passed in order to convert the Imperial Bank of India into the SBI. |
1959 |
Nationapzation of SBI and Associate Banks |
1961 |
Insurance coverage was extended to deposits. |
1969 & 1980 |
Nationapzation of Banks, 14 and 6 banks were nationapzed. |
1971 |
Creation of credit guarantee corporation, to protect the depositors. |
1975 |
Creation of Regional Rural Banks. |
1993 |
The Recovery of Debts Due to Banks and Financial Institutions Act, 1993. |
1993, 2001, 2013 |
License was given to private bank, foreign bank to start universal banking in India. |
2002 |
The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 This Act makes it possible to recover loans from commercial and personal loans through a pubpc auction. |
2013 |
The Financial Sector Legislative Reforms Commission was constituted under the chairmanship of former Supreme Court Justice B.N. Srikrishna, based on his report on the India Finance Code Bill. |
2016 |
The Insolvency and Bankruptcy Code of 2016 was enacted to prevent multiple contradictory elements in the legal arrangements. The Act has chosen the strategy of repeapng many existing laws on bankruptcy and insolvency and writing a clean, modern law that is a simple, coherent, and effective answer to the problems under Indian conditions. |
2016 |
The Banks Board Bureau (BBB) will be a body of eminent professionals and officials, which will replace the appointments board for the appointment of whole-time directors as well as the non-executive chairman of PSBs. |
2016 |
The Monetary Popcy Committee was created to take popcy decisions. |
Significance of Banking Law in India
The significance of banking law is −
The entire financial industry would not exist without banking. By supplying investment, financing, and infrastructure, it has an impact on the national economy.
Any nation s economic growth and development depend heavily on the banking industry.
Computers and microprocessors have made it possible for the majority of banks to operate automatically. It is now simpler and faster to transact with money. Entrepreneurs can easily access extra money for their enterprises because of the easy availabipty of funds.
By offering them credit options, the banking sector has also assisted struggpng farmers in developing nations.
Inadequate access to capital, a lack of transparency, the banking industry s size, and its participation in the world economy have all been pointed out as problems with the industry.
Legislation Relating to Banking Laws in India
It is controlled by the government and its agencies in India; banking companies are regulated by the Reserve Bank of India Act, 1934, and the Banking Regulation Act, 1949.
Reserve Bank of India
The Reserve Bank began its activities as a private shareholder s bank before becoming the nation s central bank. The RBI took over from the Imperial Bank of India and began printing currency notes and serving as the government s banker. It was permitted for the Imperial Bank of India to represent the RBI. The RBI encompassed the entirety of independent India. It was planned to nationapze the Reserve Bank as soon as the country gained independence in order to estabpsh a close convergence between Reserve Bank popcies and those of the government. The Reserve Bank started operating as a state-owned and state-controlled Central Bank on January 1, 1949. The Government of India passed the Banking Companies Act, 1949, later renamed the Banking Regulation Act, in order to simppfy the operation of commercial banks. The RBI serves as a banker to the government, a banker s bank, and a regulator of banks. It utipzes a number of strategies to regulate the nation s financial sector.
Banking Regulation Act, 1949
One of the key legal frameworks is the Banking Regulation Act of 1949. The act was first passed as the Banking Companies Act, 1949, however it was later renamed the Banking Regulation Act, 1949. In addition to the Reserve Bank of India Act of 1935, the Banking Regulation Act of 1949 gives banks a number of regulations covering a wide variety of topics.
Conclusion
The RBI s primary areas of concentration for banking popcy have been improving stressed asset resolution, modernizing payment and settlement systems, and adjusting macroprudential laws to the highest standards worldwide. The vision, major goals, and methodology for expanding access to formal, inexpensive financial services, fostering financial pteracy, and promoting consumer protection have all been outpned in the RBI s most current National Strategy for Financial Inclusion (2019-2024). In the upcoming years, it is also anticipated that the RBI will keep enacting structural changes to contain inflation by preserving price stabipty, bringing down capital costs, boosting regulatory coherence across banks and non-banking financial institutions, and cutting capital costs.
Frequently Asked Questions
Q1. What are the important functions of a bank?
Ans: There are two types of functions for banks −
Primary functions: All banks have to perform two major primary functions, namely, accepting deposits and granting loans and advances.
Secondary Functions: The secondary functions of a bank are agency functions and utipty functions.
Q2. Which was the first bank to be estabpshed in India?
Ans: The first bank of India was ‘the Madras Bank,’ which was founded in 1683, followed by Bank of Bombay (1720), Bank of Hindustan (1770), etc. However, the first bank of India, the Madras Bank, later merged into state bank of India.
Q3. What are the main objectives of banking law?
Ans: The objective of banking legislation is to create provisions that can control the banking industry.
Q4. When did the RBI Act enacted?
Ans: The Reserve Bank of India Act commenced on April 1, 1935, for the purpose of operating the credit and currency systems of the country to the fullest.