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Journal of Banking and Insurance Law
ISSN: 2582- 6875
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About the Journal
The Journal of Banking and Insurance Law [2582-6875(e)] is a peer-reviewed hybrid open-access journal established in 2018 under the guidance of eminent scholars, legal experts, academicians, attorneys, and professionals. The journal encompasses a broad scope covering topics related to banking, securities, financial services, administrative and general banking, and insurance-related laws. It is a platform for scholars, legal practitioners, and industry experts to contribute to the discourse on issues arising in the dynamic domains of banking and insurance.
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- Banking Laws and Regulations: In-depth analysis of banking laws, including provisions related to the Law of Limitation, Bankers Book Evidence Act, and Nigerian Evidence Law, Comparative studies with international legal frameworks, emphasizing electronic and digital evidence in banking proceedings.
- Debt Recovery and Financial Institutions: Exploration of special features of recovery of debts due to banks, encompassing Debt Recovery Tribunal proceedings, non-performing assets, and insolvency-related laws, Examination of legal and financial aspects of debt recovery, loan restructuring, and the role of financial institutions in the recovery process.
- Taxation in Banking: In-depth coverage of Tax Deduction at Source (TDS) in the banking sector, focusing on estimating tax liability, statutory management, and income tax implications, Exploration of Banking Cash Transaction Tax, its impact on systemic risk, and the role of taxation in influencing banking transactions.
- Financial Transactions and Services: Analysis of service tax implications on financial transactions, including goods and service tax in the Indian economy, Exploration of agent-based modeling, network optimization, and sustainability in the context of financial transactions.
- Asset Reconstruction and Securitization: Comprehensive coverage of Asset Reconstruction Companies (ARCs), securitization, and the enforcement of security interest under the relevant acts, Examination of legal frameworks related to non-performing assets, security receipts, and strategies for reconstruction of financial assets.
- Consumer Protection and Banking Ombudsman: Analysis of consumer protection laws, including the Consumer Protection Act, 1986, with a focus on economic policy, grievances, and healthcare-related aspects, Exploration of the role of Banking Ombudsman in addressing customer complaints, regulatory frameworks, and redressal measures.
- Alternative Dispute Resolution and Legal Services: In-depth coverage of Lok Adalats and other alternative dispute resolution mechanisms in the context of banking and insurance laws, Examination of lender’s liability and legal services aimed at providing effective dispute resolution in the banking sector.
The Journal of Banking and Insurance Law invites contributions from scholars, legal practitioners, and industry experts to enrich the scholarly dialogue on critical legal issues impacting the banking and insurance sectors.
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INTRODUCTION
Post economic liberalisation, the financial sector has registered exponential growth, trade barriers have become redundant and the flow of capital has become freer and far reaching. As such, Banking and Insurance sectors have driven the economy’s growth and development.
The Centre for Banking and Insurance Law (CBIL) at National Law University Odisha is dedicated to facilitating higher learning, research, and allied activities in the twin areas of Banking and Insurance Laws. It strives to foster intelligent analysis; focusing on enabling a deep and pervasive understanding of policies, regulatory mechanisms, and other aspects of these legal domains at state, national and international levels.
1. To conduct research in the areas of Banking and Insurance Laws in order to develop new insights of scholarly value and relevance.
2. To facilitate discussion on Banking and Insurance Laws by providing a platform for exchange of ideas.
3. To organise capacity development programmes by engaging stakeholders.
4. To offer advisory services in Banking and Insurance Laws.
5. To engage with regulators and statutory bodies for conducting research and allied activities.
- Prof (Dr.) Dolly Jabbal- Director
- Dr. Rajat Solanki- Co-Director
- Ms. Ankeeta Gupta- Co-Director
Student Members:
- Ayush Shandilya- Convenor
- Jahani Mahalik- Co- Convenor
- Ishita Ayala- Treasurer
- Akhil Raj – Editor in Chief
- Pooja Reddy
- Pratha Barla
- Subhasmin Moharana
- Dewansh Raj
- Kushagra Keshav
- Suhani Sharma
- Vvanshika Singhal
- Kamya Agarwal
- Soumya Dubey
- Aashra Patel
- Mallika Jain
- Compendium on Developments in Banking and Insurance Law | THE FINANCE WATCH
News-Letters:
- CBIL Newsletter – June 2024
- CBIL Newsletter – April 2024
- CBIL Newsletter – February 2024
- CBIL Newsletter – January 2024
- CBIL Newsletter – December 2023
- October 2023 – Newsletter of CBIL
- July 2023 – Newsletter of CBIL
- Banking & Insurance Law Newsletter (December 2022 – January 2023)
- Banking and Insurance Law Newsletter (October-November 2022)
- Newsletter (August – September 2022)
- Ticker Tape Thursday 05.01.2023
- Ticker Tape Thursday 12.01.2023
- Ticker Tape Thursday 26.01.2023
Email – [email protected] |Phone number- 7977220639
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Banking and Insurance Law
- Komal Dayma
Rules define the game that most people decide. Good laws can promote good behaviors such as cooperation, creativity, and hard work. Worst rules can damage the desired activity or worse, pushing for activities that make the society worse. Banks can be defined as economic activities of taking and protecting the money held by individuals and other entities, and then providing that money for profit. Insurance covers both life insurance products and other insurance products Apart from life insurance; it involves working with individuals and legal entities on risk management to protect against catastrophic losses and potentially potential risk predictions. Bank rules are a broad concept of rules that govern how other banks and financial institutions operate. The bank must abide by many federal and state regulations. Lawyers carry out a number of functions related to the development of practice and the implementation of standards. Bank rules cover multiple state and federal regulations that govern financial institutions. The Bank Law also deals with various transactions occurring when financial institutions play a role to serve clients and develop their businesses. Insurance laws are a set of laws and regulations that apply to insurance. Insurance is a contract between the two parties. It transfers the risk of loss to other parties for a contract against a so-called premium fee. Insurance laws and regulations governing and managing the creation and performance of insurance contracts. Insurance laws govern purchasing, offering, selling and insurance claims in the United States.
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Consumer Protection in Banking and Insurance: A Comparative Study of the Laws between India and the West.
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The banking and insurance industries are undoubtedly one of the oldest in India. Modern banking in India started in the 18th century with the establishment of the Bank of Hindustan in 1770. India’s oldest running bank, the State Bank of India was established in 1806 as the Bank of Calcutta and to this date it continues to run successfully. Globally, the first modern bank to bank to be established is the Monte Dei Paschi di Siena in 1472 and it too continues to run to this day. The insurance business, on the other hand, was formally established in India with the establishment of the Oriental Insurance Company in 1818. On a global scale, the first insurance company was established my Nicholas Barbon in 1681. The world has come a long way since the establishment of these industries. Nowadays, banking and insurance systems are governed by modern principles and technologies. There is no question that these two industries have large customer bases and earn millions of dollars in revenue every year. However, with the growth of the banks and insurance companies, consumer protection has taken a back seat. India and the world as a whole are seeing increasing number of cases in which consumer protection is being sidelined in order to focus on growth. Almost every day, hundreds and thousands of consumers are being denied their rights by banks and insurance companies. In a country as diverse as India, the situation is worse since most of the population reside in rural areas and aren’t aware of their consumer rights. The laws are weak and full of loopholes and banks and insurance companies take advantage of this. With this in mind, this paper aims to fulfill the following objectives. The paper aims to analyze the existing consumer protection laws for the banking and insurance sector in India. It further aims to draw out a comparative study of the Indian laws with respect to the laws of the United States of America and the United Kingdom. Finally, this paper aims to list out some suggestive guidelines and additions to the existing Indian laws in order to further strengthen the rights of the consumer and help him successfully exercise his consumer rights.
Related Papers
Journal of Consumer Policy
gurjeet singh
In India, as a result of the enactment and implementation of the Consumer Protection Act, 1986 there has been an increased amount of self-regulation by the public as well as by the private corporate sector. The mounting pressure by consumer organisations and the growing number of cases filed by consumers before the three-tier quasi-judicial Consumer Disputes Redressal Agencies established under the 1986 Act have propelled the corporate sector in India to become more socially accountable then ever before. Though it may be too early to comment on the success or failure of this Act, it has nevertheless initiated a process of change at least in the behaviour of the urban business community and has coerced it to regulate itself. The paper purports to highlight and evaluate the present state of business self-regulation in India. The author has critically examined the “Codes of Ethics” recently announced by some sections of the business community in India. He has also endeavoured to cite a few recent cases argued before the Consumer Forums, more particularly by the consumers' associations, where instead of resorting to protracted legal battles, industry has reconciled itself to consumers' demands. Thus the central theme of the paper is to show how the 1986 Act has propelled the corporate sector to resort to self-regulation and to critically examine this new development. The author concludingly argues that in order to achieve the much-cherished goal of social change in India, much still remains to be accomplished and that there is a need for a co-ordinated approach to solve the problem of consumer protection as law alone may not be effective. Anbieter-Selbstregulierung und Verbraucherschutz in Indien: Eine Kritik. In Indien hat es als Folge der Einführung des Verbraucherschutzgesetzes 1986 ein starkes Anwachsen der Selbstregulierung gegeben, und zwar sowohl bei den öffentlichen Anbietern wie auch bei den privaten Anbietern. Es gab einen wachsenden Druck auf die anbietende Wirtschaft durch die Verbraucherorganisationen und durch die Tatsache, da\ die Konsumenten eine wachsende Zahl von Verfahren bei den dreistufigen quasigerichtlichen Verbraucherschiedsstellen eröffnet haben, die aufgrund des Gesetzes von 1986 eingerichtet worden sind. Jedenfalls hat dieser Druck ein deutliches Anwachsen der sozialen Verantwortlichkeit bei der indischen Wirtschaft bewirkt. Obwohl ein abschlie\endes Urteil über den Erfolg oder Mi\erfolg dieses Gesetzes noch nicht möglich ist, lä\t sich aber jetzt schon feststellen, da\ es einen Wandel zumindest im Verhalten der städtischen Anbieter bewirkt hat und zu mehr Selbstegulierung geführt hat. Der Autor setzt sich kritisch mit den ethischen Verhaltensrichtlinien auseinander, die einzelne Branchen angekündight haben. Er führt au\erdem einige neuere Fälle an, die vor den Verbraucherforen verhandelt wurden, wo die beklagten Unternehmen den Verbraucheransprüchen entgegenkamen statt in langwierige gerichtliche Verfahren zu flüchten. Für das wichtige Ziel eines sozialen Wandels in Indien bleibt nach Meinung des Autors allerdings noch mehr zu tun; auf jeden Fall ist das Problem des Konsumentenschutzes allein auf gesetzgeberischem Wege nicht zu lösen.
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Bonfring International Journal
The growing global insurance industry has brought new channels of distribution into existence, leading to a new concept called Bancassurance. Nowadays banks have started increasing their business to securities and insurance and other sectors by adding new range of products. Bancassurance, one such concept, has gained recognition in the recent years. The growth of bancassurance depends on how well banks and insurance companies are able to conquer the operational challenges that are frequently thrown at them. Banks aims at a comprehensive Bancassurance Management with Core Banking platform ie; ease of premium payments using Auto Debit Cards, Net Banking, collection agencies etc. The present empirical based study was conducted with an objective to examine the recent trends of bancussurance and to analyse the marketing and distribution channel of insurance, its impact on insurers, customers and banking sector and also to examine the issues and problems of bancussurance. The study was based on both primary and secondary data. The area of study is confined only to selected banks of Trissur district .The collected data is analyzed and interpreted by applying various statistical tools and techniques. It is presented in the form of tables, pie diagram and bar diagrams .The research findings will be useful for all the three segments including banks, insurers and customers. The paper concludes that there is a bright future for bancassurance in the Indian insurance market
Shefali Malhotra , Ajay Shah
In recent years there has been an increased role for health insurance in Indian health care, through government funded health insurance programs and privately purchased health insurance. Our analysis of the claims ratio and the complaints rate in the health insurance industry, suggests that there are important difficulties with the working of health insurance. The lack of fair play in this industry is derived from deficiencies in regulations, weak enforcement of regulations and faulty institutional design of consumer redress. The solutions lie in laws and regulatory processes for consumer protection. Examination of health policy and financial policy, together would formulate a strategy for change.
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Law of Banking, Insurance and Consumer Protection in India
Overview of the Course:
The crucial component of the Indian financial system is Banks. An effective banking system supports the growth of the economy of the country. The banks are used by many types of society stakeholders for a variety of purposes. Banks act as a conduit for money between depositors and borrowers. In today's altered global business climate, banks provide a wide range of value-added services to their customers in addition to collecting deposits and making loans. As the nation's Central Bank, the Reserve Bank of India fulfils a variety of functions, including regulating, supervising, and facilitating the Indian Banking System. This course covers the evolution of banking laws in India and its regulatory framework, updated with latest legal and judicial developments. The Banking Regulation Act, 1949; The Banking Regulation (Amendment) Act, 2020; RBI Act, 1935 and related laws are explained.
The Law of Insurance has historical roots that go through many generations and distant sources. This course has briefly traced its history and progress. The course covers the overarching ideas that form the basis of insurance law and aids in legal comprehension. Numerous insurance-related judgements from English and Indian courts are mentioned and appropriately explored in the right areas. It aims to encapsulate, broadly speaking, the idea, range, beginning, and evolution of insurance in the legislative frameworks with special emphasis on India. The Insurance Act, 1938; The Insurance Laws (Amendment) Act, 2015; The Insurance Regulatory and Development Act, 1999 and other laws governing insurance in India are discussed.
Consumers are now more exposed to new types of unfair trade and immoral corporate activities due to the creation of global supply chains, growth in international trade, and rapid expansion of e-commerce. The Consumer Protection Act, 2019 was passed in place of the previous 1986 Act to defend consumers' interests in this new situation. At the proper times, the pertinent rulings of the Supreme Court, High Courts, and National Consumer Disputes Redressal Commission have been discussed.
This course helps the learners in understanding the fundamental legal framework governing Banking and Insurance Sectors in India. The learners would understand the scheme of consumer protection provided under the Indian Law and become aware of their rights as consumers.
Objectives of the Course:
- To understand the significance of banking business and need for its specific regulation.
- To study the various banking legislations in India.
- To study about Reserve Bank of India, its functions, powers and its control over Banking in India.
- To examine the relationship between Banker and Customer.
- To understand about Bank Guarantee, Letters of Credit and their operation.
- To understand the concepts of Banker’s lien and set-off; banking frauds and their remedies.
- To study the concept of insurance and its position in law.
- To examine the Insurance Act 1938; Insurance Regulatory and Development Authority Act 1999; Motor Vehicles Act 1988; Marine Insurance Act 1963.
- To understand the recent aments to the Insurance Act.
- To study about Micro Insurance, Rural and Social Insurance.
- To understand History and Evolution of Consumer Protection.
- To study the overview of Consumer Protection Act, 1986.
- To examine the working of Consumer Protection Act, 2019.
- To understand the concepts of defect in goods; deficiency in services; product liability and negligence.
- To study the nuanced aspects of consumer protection in E-Commerce transactions.
- To examine the grievance redressal mechanism under Consumer Law along with the role of Mediation.
- To study the legal aspects of consumer protection in Banking and Insurance Services.
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Banking and Insurance Law. V ol. LIII] 23. existing borrower, who had been granted financial assistance was covered under section. 2 (f) of the Act as a "borrower". Sanjay Kishan Kaul, J. said ...
The Journal of Banking and Insurance Law [2582-6875 (e)] is a peer-reviewed hybrid open-access journal established in 2018 under the guidance of eminent scholars, legal experts, academicians, attorneys, and professionals. The journal encompasses a broad scope covering topics related to banking, securities, financial services, administrative and ...
The dynamic linkage between insurance and banking activities: An analysis on insurance sector assets ... we observe a significant interaction between insurance and banking activities in civil law countries rather than in common law ones. ... Data and Analysis, Policy Research Working Paper 4943. World Bank, Washington, DC (2009) Google Scholar ...
organized in three parts based on the three areas of law it incorporates, i.e., Law of Banking, Law of Negotiable Instruments and Insurance Law. Part One, Law of Banking, has two chapters. Chapter One is a general introduction to banks, banking transactions, types of banks and their functions, the requirements for the establishment
Journal of Banking and Insurance Law invites submission of unpublished original research article, review article or case law and project report for its Volume 7, Issue 2, 2024.. Kindly go through Author Guidelines for manuscript submission. Kindly go through the link for Referencing Pattern General Guidelines: 1) The work submitted shall be original and unpublished.
This paper author explorers the the banking and insurance sectors and it's impact on India's growth in the post liberalised world. Risk is an inherent part of business and individual lives. The insurance providers offer a variety of products to businesses and individuals to provide them protection from risk which can give financial security.
Between 2008 and 2014, the Top 4 banks sharply decreased their lending to small business. This paper examines the lasting economic consequences of this contraction, finding that a credit supply shock from a subset of lenders can have surprisingly long-lived effects on real activity. 26 Jun 2017. Working Paper Summaries.
The Centre for Banking and Insurance Law (CBIL) at National Law University Odisha is dedicated to facilitating higher learning, research, and allied activities in the twin areas of Banking and Insurance Laws. It strives to foster intelligent analysis; focusing on enabling a deep and pervasive understanding of policies, regulatory mechanisms ...
Rules define the game that most people decide. Good laws can promote good behaviors such as cooperation, creativity, and hard work. Worst rules can damage the desired activity or worse, pushing for activities that make the society worse. Banks can be defined as economic activities of taking and protecting the money held by individuals and other entities, and then providing that money for profit.
Bancassurance is a partnership between a bank and an insurance company (both life and non-life), in which the bank provides the insurance company with a platfor ... School of Law. Date Written: November 12, 2021 ... as a result of which bancassurance has suffered. Therefore this research paper has been divided into three broad topics. Firstly ...
Electronic Banking is popularly known as 'PC banking', 'online banking', 'Internet banking', 'Telephone-banking' or 'mobile banking'. E-banking may be understood as term that covers all these ways of banking business electronically. In this research paper, it is highlighted that on one hand online banking has made the lives ...
In this paper, we discuss various factors such as lockdown approach, moratorium, different impacts in banking, financial services and insurance sector. Further, we have given some recommendations to mitigate the situation so that the financial services can continue with the less negative impact which will help for better services to the ...
Paper: LB - 6032 -Insurance and Banking PART A : INSURANCE Prescribed Legislations: 1. The Insurance Act, 1938 2. The Marine Insurance Act, 1963 ... 6. S.N. Gupta, The Banking law in Theory and Practice, Vol. 1, 2&3, ( 6th ed., 2017) Topic 4: The Evolution of Banking Services and its History in India
Office of the Comptroller of the Currency. Consumer Financial Protection Bureau. The Federal Reserve. Financial Conduct Authority Bank of England. Office of Fair Trading. Reserve Bank of India. Clearly Defined Laws for Banking Customers in the Act Yes. Yes. No clearly defined laws for banking customers under the Consumer Protection Act.
All the Articles and Research Papers being contributed for Journal Banking and Insurance Law are to be sent to [email protected], [email protected] . Entry should be in either '.doc' or '.docx' format.A mail confirming the receipt of the entry and subsequently notifying selected works of author (s) will be sent.
This course covers the evolution of banking laws in India and its regulatory framework, updated with latest legal and judicial developments. The Banking Regulation Act, 1949; The Banking Regulation (Amendment) Act, 2020; RBI Act, 1935 and related laws are explained. The Law of Insurance has historical roots that go through many generations and ...
ays of doing business.Challenges Before Banking and Insurance SectorBanking SectorHuge NPA's are great issue to be taken care of, according to Hindu Indian Banking sector gros. NPA at 7.6%, highest in past 12 years and expected to rise further to 8.5% by 2017. Lending to those that are not capable of revival, no due-diligence mostly by PSB ...
Abstract. India's insurance sector has been growing dynamically in the last couple of years. Despite the. suite of reforms that have been implemented to stoke the sector's growth, it still has ...
Banking & Insurance Law - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. This document is a research paper on payment banks and e-wallets in India that was submitted by Maahi Trivedi and Devansh Singh to their professor. The paper discusses the evolution of payment systems in India from barter systems to modern digital payments.
The Journal of Banking &Insurance Law focuses on the various laws and regulations under which a banking system is functioning.The various laws relating to Bank are as follows: Scope: The scope of this Journal encircles on the various areas in which the professionals, scholars, and lawyer fraternity research thoroughly and promote awareness ...
So in this paper, an endeavor has been made to give an outline of e banking in India and various issues and difficulties thoroughly searching in the financial business. Research question: 1. Whether E-Banking laws in India like IT Act 2000 & RBI Act, 1934 effectively address all the legal and security concerns in banking sector? 2.
Insurance Law - Project topics - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or view presentation slides online. This document lists 19 students enrolled in an optional insurance law paper at Maharashtra National Law University Aurangabad. It provides each student's roll number, name, email address, and chosen topic for their project work.
The bank issued an update on X later, adding - as of 11.08am - it is "aware of intermittent issues with accessing online banking and our app, which we're working to resolve as quickly as possible".