Banking Law

Overview of Banking Law

Civil law deals with the disputes between individuals, organizations, or between the two, in which rights and liabilities of the individual or organization are determined. The compensation may also be awarded to the victim in certain civil cases. English law, Roman law, Portuguese law and French law contributed immensely to the evolution of Civil Law in India. Areas of practice in Civil law includes succession, gifts, mortgage, title, lease, possession, tenancy, contract, matrimonial, Intellectual property rights, Debt recovery tribunal, Consumer law, Environment law, Taxation law, Company law, Labour laws, International law and Constitutional law. Our Best Civil lawyers in Chandigarh can tell you the importance of each and every stage in the civil trial. Once the evidence is concluded, additional evidence becomes difficult, especially to fill lacuna.

Code of Civil Procedure, Hindu Succession Act, Indian Succession Act, Muslim Law, Transfer of Property Act, Rent Control Act, The Waqf Act, Land acquisition rehabilitation & resettlement act, Indian Contract Act, Company Act, Consumer Act, Income Tax Act, Labour Act, The Limitation Act, and Constitutional Law etc. govern the practice of civil law.

The Civil law determines rights and duties of an individual or organization. The major area of litigation is property law. In intestate succession, the property among legal heirs will be distributed according to personal laws and civil courts have jurisdiction to conduct a trial. Indian Succession Act will be applicable on testamentary succession. The cases involving modes of transfer can be adjudicated as per the provisions of Transfer of Property Act by the civil courts. Matter related to tenancy is adjudicated as per Rent Control Act by Rent controller. Wakf is a permanent dedication of movable or immovable properties for religious, pious or charitable purposes as recognized by Muslim Law, given by philanthropists and matters will be adjudicated by Wakf Tribunal. The acquisition of land has proceeded under Land acquisition rehabilitation & resettlement Act and dispute will be addressed by Deputy Collector. The contracts and agreements are governed by Indian Contract Act and jurisdiction lie with the civil courts. The laws related to companies are adjudicated by company tribunal under Company Act. Consumer disputes are addressed by consumer redressal forum depending upon the amount of compensation. Income Tax tribunal deals with the cases pertaining to Income tax. Labour Commissioner adjudicate upon the matters related to labor laws. Writs under the Constitutional law are filed before the High Courts and Supreme Courts.

Jurisdiction: Civil court/ Tribunal shall have a territorial or pecuniary jurisdiction to hear the matter. Hearing before a tribunal is governed by provisions given the Act.

The institution of the suit starts by filing the plant in the civil court. The plant shall contain a factual summary of the case which is filed by the plaintiff, cause of action and jurisdiction of the competent court. A plant is replied through written statement submitted by defendant, rejoinder if any by the plaintiff, evidence lead by both the sides, arguments & eventually, judgment and decree of the civil court. Execution can be filed to implement the order of the trial court. An appeal can be preferred before the District Judge. A regular second appeal can be filed before the Hon’ble High Court and special leave petition can be filed in the Hon’ble Supreme Court. The limitation for filing a suit should always be kept in the mind. The condonation of delay is not applicable for filing a suit. A weak case is winnable if contested properly and a strong case is losable if it is not contested properly.

Articles On Banking Law



In Banking Law, Dishonour Of Check On September 7, 2017

MEANING Cheque is a negotiable instrument used in place of cash in payments. The amount is deducted from the bank account of drawee. If there are insufficient fund in drawee’s account then the cheque gets dishonoured or returned. The bank of the drawee …

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OVERVIEW Bill of exchange is a type of negotiable instrument in which a written, unconditional order made by one party (drawer) is transferred to another (the drawee) to pay a certain sum of money, either immediately or on a fixed date as mentioned in …

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In Banking Law, Mortgage In Banking On August 22, 2017

A mortgage is a legal agreement according to which an authority lends money at an interest in exchange for taking title of the debtor’s property, with the condition that the conveyance of title becomes void upon the payment of the debt. TRANSFER OF PRO …

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In Banking Law, E-Banking On August 22, 2017

INTRODUCTION E-banking is a banking system which offers many services to their customers which includes accepting money, providing various banking services to customers, and providing loans to individuals and companies. As Compared to traditional syste …

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In Banking Law, Dishonour Of Check On August 22, 2017

Meaning Cheque is a negotiable instrument used in place of cash in payments. The amount is deducted from the bank account of drawee. If there are insufficient fund in drawee’s account then the cheque gets dishonoured or returned. The bank of the drawee …

Read Full Article..

In Banking Law, Bill Of Exchange On August 22, 2017

Overview Bill of exchange is a type of negotiable instrument in which a written, unconditional order made by one party (drawer) is transferred to another (the drawee) to pay a certain sum of money, either immediately or on a fixed date as mentioned in …

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In Banking Law, Sarfaesi On August 22, 2017

SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 The Sarfaesi Act, 2002 basically was designed to protect the interests of the bank as a creditor. This act provides to protect only secured creditors. …

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In Banking Law, Nationalisation Of Banks On August 22, 2017

MEANING Nationalisation is a process whereby the national government takes over the private assets into public ownership by an Act or an ordinance. 14 commercial banks were nationalised by the Government of India on July 19, 1969, through an ordinance …

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In Banking Law, Promissory Note On August 22, 2017

Promissory Note is the written note made by the payer which contains the promise to pay a certain amount of money on a specified date or on demand to the payee or the bearer of the note. In short it is promise in written form to pay the debt. Requireme …

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‘who’s the Best Advocate in Chandigarh High Court?’ – keeps you thinking? We have been working to provide best legal services and helping our clients and litigants since 1982. The relation of B&B Associates and law is an old one. Over the years, we …

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Landmark Judgments On Banking Law



In On

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1277 OF 2014 (@SPECIAL LEAVE PETITION (CRL.) No.9127 of 2013) ARNESH KUMAR ….. APPELLANT VERSUS STATE OF BIHAR & ANR. …. RESPONDENTS J U D G M E N T Ch …

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