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Library · Part L: Specialised Domains

Corporate & Financial Law

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1934 Act; 1935

The Reserve Bank of India

The central bank

The Reserve Bank of India was set up on 1 April 1935 under the RBI Act 1934, on the recommendations of the Hilton Young Commission, and was nationalised in 1949. It regulates banks under the Banking Regulation Act 1949, issues currency and conducts monetary policy through its Monetary Policy Committee (created in 2016).

  • Established 1 April 1935.
  • Nationalised in 1949.
Quick check: The Reserve Bank of India was established on the recommendation of the:
  1. Chelliah Committee
  2. Hilton Young Commission
  3. Raghuram Rajan Committee
  4. Narasimham Committee

Answer: B.

1969 and 1980

Bank Nationalisation

Banks for the masses

On 19 July 1969 the government nationalised 14 major commercial banks by ordinance; the Supreme Court struck down the first law in R.C. Cooper (1970), and it was re-enacted. Six more banks were nationalised in 1980.

  • 14 banks in 1969; 6 in 1980.
Quick check: How many banks were nationalised in 1969?
  1. 19
  2. 14
  3. 6
  4. 20

Answer: B.

2002

The SARFAESI Act, 2002

Enforcing security without courts

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 lets banks take possession of and sell secured assets of defaulting borrowers without going to court, after notice. It was upheld in Mardia Chemicals (2004).

  • Upheld in Mardia Chemicals (2004).

1988

Cheque Bounce: Section 138

A crime of dishonour

Section 138 of the Negotiable Instruments Act 1881, inserted in 1988, makes the dishonour of a cheque for insufficient funds a criminal offence, subject to notice. Cheque bounce cases account for a very large share of pending criminal cases in India, and the Supreme Court has repeatedly issued directions to speed them up.

  • Inserted in 1988.
Quick check: Dishonour of a cheque is an offence under which section of the Negotiable Instruments Act?
  1. Section 13
  2. Section 125
  3. Section 420
  4. Section 138

Answer: D.

2008

The LLP Act, 2008

Limited liability partnerships

The Limited Liability Partnership Act 2008 created a business form combining the flexibility of a partnership with the limited liability of a company. Many law and accounting firms are organised as LLPs.

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