Understanding The Legal Relationship Between A Banker And A Customer In India: Challenges Arising From The Debtor And Creditor Relation

Banking & Finance laws By 0

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.

Bigamy in the Context of Personal Laws and Its Implications

Family Law By 0

This study examines bigamy in India under Hindu, Muslim, Christian, and Parsi personal laws, analyzing its history, key cases like Sarla Mudgal and Lily Thomas, and its social, legal, and ethical impact on women and family structures. It also explores challenges in unifying personal laws, the judiciary’s role, and ongoing debates on a Uniform Civil Code.

Bail Not Jail: The Fading Promise of Liberty in Indian Democracy ‎

Criminal Law By 0

‎Bail is not merely a procedural concession but a cornerstone of personal liberty under Article 21 of the Indian Constitution. Rooted in the presumption of innocence, the principle “bail not jail” has guided Indian courts for decades. Yet, recent judicial trends, stringent statutes, and misuse of preventive detention laws reflect a worrying departure from this ideal. This article critically examines the legal framework of bail in India, explores landmark judicial pronouncements, evaluates challenges posed by special legislations like UAPA and PMLA, and suggests reforms to revive the fading promise of liberty in Indian democracy.