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DRIVE - WINTER 2015
PROGRAM - MBADS
(SEM 3/SEM 5) MBAFLEX/ MBA (SEM 3)
SUBJECT CODE &
NAME - MA0037 & BANKING RELATED LAWS AND PRACTICES
BK ID - B1618
CREDITS - 4
MARKS – 60
Q1. “Section 42 of
the Banking Regulation Act prescribes maintenance of Cash Reserve Ratio in all
scheduled banks.” Illustrate. (Maintenance of Cash Reserve Ratio in commercial
banks as per Section 42 of banking Regulation Act) 10
Ans: Maintenance of Cash Reserve: Every banking company which is a
scheduled bank is duty-bound to maintain with RBI a certain cash reserve
as per section 42 of the RBI Act. In the case of non-scheduled banks,
section 18 of the act applies for the maintenance of cash reserve.
Scheduled bank is the one whose
Q2. Explain the
essential features of a contract of guarantee. 10
Ans:
Essential features of a contract of
guarantee:
1. Concurrence – Concurrence
of all the three parties to it namely, i) surety, ii) the principal creditor,
and iii) the principal creditor.
Primary liability in some person
– There must be
a primary liability in some person other than the surety. There must be an
enforceable liability as defined under Sec 126 of Indian Contract Act. The
primary liability in a contract of
Q3. Explain the
rules of endorsement in the light of Negotiable Instruments Act. 10
Ans:
Endorsement: Endorsement means ‘the writing of
a person’s name on the face or back of a negotiable instrument or on a
slip of paper (called alonge) annexed thereto, for the purpose of
negotiation’ (Sec 15). The person who signs the instrument is called the
‘Endorser’. The person to whom the instrument is endorsed to is called
the ‘
Q4. A banker has to
be acquainted with transfer of immovable properties. What are the salient
features of such transactions as per the Transfer of Property Act 1882 ?( Salient features of transfer of immovable properties as per Transfer of
Property Act, 1882) 10
Ans:
Transfer of Property: Immovable Chapter II of the Transfer of
Property Act of Parties deals with the transfer of immovable properties
by competent persons and the ways to execute the same. Immovable
property normally consists of:
a) Land, buildings, and anything
attached to or embedded in the earth
b) Abstract rights, such as right
to ways,
Q5. Explain the
rules of Set-off and Appropriation applied by commercial banks. 10
Ans:
Set-off and Appropriation:
Set off: For exercising the right of
set-off, the banker should ensure that the accounts are in the same name
and in the same right. The capacity of the account holder in both or all
the accounts must be the same i.e., the funds available in one account
are held by him/her in the same right or capacity in which a debit
balance stands in another
Q6. Explain the
jurisdiction, power and authority of DRT (debt Recovery Tribunal) and DART
(Debt Appellate Recovery Tribunal). 10
Ans:
Jurisdiction, powers and authority of DRT:
Whenever
the Tribunal or the Appellate Tribunal is established, its appointed day
i.e., date from which they function is declared in the notification,
they exercise jurisdiction, powers and authority to entertain and decide
applications or appeals, as the case may be, from the banks and financial
institutions for and about recovery of debts due to them. In order to
restrict the jurisdiction of the
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08273413412
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