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Legal Blog : Law and Lawyers
Posted On : March 7, 2025
Are Banks Now Treating Loan Defaulters as Criminals? Here’s What You Need to Know
You took out a loan with good intentions to pay it back but your unforeseen financial problems such as job loss medical emerg...
Posted On : February 19, 2025
Banks Using Sections 406 and 420 of IPC, (Now Sections 316 and 318 of BNS) against Loan Defaulters
You took out a loan with good intentions to pay it back but your unforeseen financial problems such as job loss medical emergency or business struggle made you miss some EMIs. When borrowers fail to meet repayment obligations, the bank or NBFC chooses to file criminal charges which include Sections 420 (cheating) (now Section 318 of Bhartiya Nyay Sanhita, 2023) and 406 (criminal breach of trust) (...
Posted On : October 22, 2024
8 Steps to File a Complaint with the Banking Ombudsman
In today’s high-stake financial atmosphere, customers experience one or many challenges with their banks from fraudulent charges, to unsatisfactory service. When such problems emerge, and the bank does not meet the client’s needs, the clients can seek help from the Banking Ombudsman. It is an important policy whereby consumers of banking services can report their grievances and have th...
Posted On : September 13, 2024
Maintainability of Complaints under Section 138 of NI ACT in Case of Account Freeze
Introduction In the recent judgment, Jammu & Kashmir and Ladakh High Court held that a complaint under Section 138 of the...
Posted On : July 23, 2024
RBI’s Revised Master Directions on Fraud Risk Management for Cooperative Banks
The Reserve Bank of India (RBI) is vital in protecting the Indian financial structure. As a part of measures to strengthen the UCBs (Urban Cooperative Banks), StCBs (State Cooperative Banks), and CCBs (Central Cooperative Banks) against fraud, the RBI released Master Directions on Fraud Risk Management in July 2024 with enhanced features. Understanding the master directions Building a Strong Gover...
Posted On : May 13, 2024
The Negotiable Instruments Act, 1881 (NI Act): Cheque bounce
Cheques were the most common mode of financial transactions until digital modes overtook them. However, courts are still overburdened with matters of cheque bounce. Cheque bounce, also known as dishonour of a cheque, occurs when a cheque presented for payment is not processed by the bank commonly due to insufficient funds or account issues. Other than the implied financial difficulties, a cheque b...
Posted On : April 3, 2024
Income Tax Act Explained
Introduction The main piece of law in India that controls the income for individuals, businesses, firms, and other entities i...
Posted On : January 11, 2024
Relationship between banker and customer in banking law
Introduction The relationship between banker and customer in banking law is a fundamental construct that governs the interactions, rights, and obligations between financial institutions and their clients. This relationship is rooted in contractual agreements and is regulated by a framework of laws, statutes, and ethical standards. At its core, the banker-customer relationship is founded upon a con...
Posted On : January 10, 2024
Banking Frauds and Banking Law in India: Legal spectrum
Introduction The realm of banking, despite being built on trust and financial security, isn't immune to fraudulent activities. In India, as elsewhere, instances of bank frauds in banking law have surfaced, posing significant challenges to the financial system and undermining public trust. To combat these, India has established robust banking laws and regulations. Types of Bank Frauds Bank frauds i...
Posted On : January 3, 2024
Demystifying India's Banking Regulation Act: A Crucial Pillar of Financial Governance
Introduction The Banking Regulation Act of 1949 stands as a monumental legislative framework shaping the functioning and over...
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