5th Semester LLB Unitary - Banking Laws (Including Negotiable Instruments Act) - Notes, Question Papers and Syllabus
Banking Laws (Including Negotiable Instruments Act)
The subject shall be taught by incorporating various amendments, case laws, and recent developments.
Unit I
Indian Banking System and Reserve Bank – Indian Banking System: Evolution, Social Responsibility – Different Types of Banking and Their Functions – Commercial Banks, Public Sector and Private Sector Banks, Regional Rural Banks, Co-Operative Banking System, HUDCO, National Bank for Agriculture and Rural Development (NABARD), Small Industries Development Bank of India (SIDBI), Export Import Bank of India (EXIM Bank), Islamic Banking, ICICI, IDBI, Scheduled Banks, Nationalization of Banks, International Banking: Concepts, Merits and Demerits – RBI as a Central Bank: Functions of RBI – New Bank Licensing Policy, 2013 – Cash Reserve Ratio (CRR) – Statutory Liquidity Ratio (SLR).
Unit II
Banker – Customer Relationship – Meaning of a Banking Company – Meaning of Customer – Relationship Between Banker and Customer – Rights and Obligations of a Banker and Customer – Opening of Account – Pass Book and Statement of Account – Special Types of Customers: Precautions for Minor, Joint Account Holders, Company, Firm, Administrator, Trustee, Power of Attorney – Various Deposit Schemes – ‘Know Your Customer’ (KYC) Guidelines of the RBI – Closing of a Bank Account – Insurance of Bank Deposits: Salient Features of Deposit Insurance – Nomination – Settlement of Claims – Banking Ombudsman.
Unit III
Law Relating to Negotiable Instruments – Introduction – Negotiation – Legal Aspects of Promissory Note, Bill of Exchange, Cheque, Travellers’ Cheque – Differences Between Them – Liabilities and Rights of Parties to the Negotiable Instruments – Crossing of a Cheque: Different Types of Crossing – Endorsements: Different Kinds of Endorsements – Paying Banker: Obligations and Protection to Paying Banker – Collecting Banker: Obligation and Protection – Dishonour of Cheque: Remedies – Bill of Exchange: Noting and Protest – Material Alteration of Negotiable Instruments.
Unit IV
Loans, Securities and Recovery – Principles of Lending – Overdraft – System of Loans – Credit Worthiness of Borrowers: Precautions – Personal Loans – Consumer Loans – Secured Advances – Kinds of Securities – Guidelines of RBI Against Risk – Debt Recovery: Principles and Procedure – Debt Recovery Tribunals – Recovery Under Securitisation Act – Letters of Credit and Its Advantages – Types of Letter of Credit – Rights and Responsibility of Respective Parties.
Unit V
Electronic Banking and Information Technology in Banks – Reforms in Banking – Automated Teller Machines (ATMs) – Internet Banking – Tele Banking – Core Banking – Mobile Banking – Electronic Clearing System – National Electronic Fund Transfer – Real Time Gross Settlement – Smart Card – Credit Card – Debit Card – International Cards – Regulatory Measures – Bank Fraud: Concepts and Dimensions, Prevention and Detection, Remedial Measures and Punishment – Risk Management – Credit and Liquidity Risk Management – Basel III: Important Aspects – Globalization and Its Effects in Banking Sector.
Suggested Readings:
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M.L. Tannan, revised by Datta & S.K. Kataria - Banking Law and Practice
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Paget - Law of Banking
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L.C. Goyle - Law of Banking and Bankers
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P.N. Varshney, Sultan Chand & Sons - Banking Law and Practice
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Avtar Singh - Banking and Negotiable Instruments
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A.B. Srivastava - Seth’s Banking Law
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R.K. Gupta - Banking Law and Practice (in 3 Vols.)
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Prof. Clifford Gomez - Banking and Finance: Theory, Law and Practice
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J.M. Holden - The Law and Practice of Banking
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M.S. Parthasarathy (Ed.) - Khergamwala on the Negotiable Instruments Act
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S.N. Gupta - The Banking Law in Theory and Practice
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G.S.N. Tripathi (Ed.) - Sethi's Commentaries on Banking Regulation Act 1949 and Allied Banking Laws
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T.K. Mukherjee - Banking Law and Practice
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Information Technology Act, 2000
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