This research paper critically examines the banker–customer relationship in India, focusing on its legal foundation as a debtor–creditor relationship and its evolution amid technological and regulatory change. It explores how traditional doctrines under the Indian Contract Act, 1872 and Banking Regulation Act, 1949 interact with modern issues such as digital banking, data protection, fiduciary duties, and consumer rights. Through doctrinal and analytical study, it identifies challenges like unequal bargaining power, confidentiality concerns, and digital fraud, and proposes reforms to promote fairness, transparency, and accountability in the banking sector.

Introduction In the complex landscape of financial transactions and banking law, the concept of monetary…

Introduction The legal framework surrounding dishonored cheques in India has been a crucial aspect of…

Introduction The issue of dishonored cheques has long been a significant concern in India’s commercial…

A Limited Liability Partnership (LLP) is a popular business structure in India, offering limited liability protection and flexible management. However, LLPs must follow annual and event-based compliance requirements to avoid penalties. This guide explains everything you need to know about LLP compliance in India, including key filings, deadlines, penalties, and benefits of staying compliant.

Indian Banks Wrote Off Rs. 16.35 Lakh Crore in Bad Loans Over a Decade The…

Agricultural Land Exemption — Section 31(i) SARFAESI Act From the plain reading of Section 31(i)…

Post-Auction Settlements by Banks — Questions and Case Law It is very common knowledge that…

SEBI the security and exchange board of india is the statutory regulatory body for Indian security market established to protect invested promoter to developer of fair trading practice and regulate entity like stock exchange broker and mutual funds

The situation of Cross-Border Insolvency arisen when debtors and creditors are spread across the various jurisdiction, creating challenges for effective insolvency dispute resolution. For cross-border insolvency, India has Insolvency and Bankruptcy Code, 2016 (IBC) which provides a consolidated domestic framework, it has only two provisions under Section 234 and Section 235.

The UNCITRAL Model Law on Cross-Border Insolvency, adopted on 30th May, 1997 offers key element such as access, recognition, relief, cooperation. Other jurisdictions including the U.S., U.K., Singapore, and South Korea have adopted it to harmonize insolvency proceedings and protect stakeholders across borders.
In India, judicial precedents such as Jet Airways v. SBI (2019), Ruchi Soya v. Union of India (2021), and SBI v. Kingfisher Airlines (2017) have underscored the need of stringent laws for cross-border cooperation. Responding to this, the Insolvency Law Committee (ILC) in 2018 recommended the adoption of the Model Law through a proposed Draft Part Z in the IBC, extending its application to corporate debtors (including foreign entities) while refining Sections 234–235.

Cross-Border Insolvency has become one of the key challenges across the jurisdiction. Currently, India’s cross-border insolvency framework for resolving Insolvency are not strictly implemented. India should participate in the UNCITRAL working groups to deal with the cross-border insolvency issues. This will help the India to participate in international practice and build global standards for cross-border insolvency cooperation.

Introduction A new layer has been added to the commercial and corporate world with the…

Introduction Banking has always been a reflection of society’s needs and technological growth. From the…

Introduction In India’s business world, checks are very important. They make it easy to pay…

Introduction Insolvency and Bankruptcy Code, 2016 was formed with the intent of consolidating and amending…

Introduction In a landmark regulatory move, the Securities and Exchange Board of India (SEBI) has…

The advent of cryptocurrency has ignited widespread debate across economic, ethical, and religious spheres, with…

Abstract: This article examines the rapid rise of cryptocurrency in India, where over 115 million…

Introduction The Insolvency and Bankruptcy Code (IBC), enacted in 2016, represents one of India’s most…

Introduction The term “corporate governance” describes an organization’s commitment to conducting business in a morally,…

Introduction The Foreign Exchange Management Act (FEMA), 1999 is a pivotal legislation in India’s economic…