Skip to main content

Posts

What is the Relationship Between Banker and Customer? case laws

๐Ÿ“Œ 1. What is the Relationship Between Banker and Customer? The relationship between a bank and a customer is mainly contractual (based on agreement). When you open a bank account: You agree to follow bank rules. The bank agrees to keep your money safe and allow withdrawals. ๐Ÿ”น Main Types of Relationship (1) Debtor and Creditor When you deposit money: Bank becomes debtor (it owes money to you). You become creditor . When you take a loan: You become debtor . Bank becomes creditor . This principle was clearly explained by the Supreme Court in . ๐Ÿ“Œ 2. Duties of Bank Towards Customer Banks have legal duties: Keep money safe. Follow customer instructions properly. Maintain secrecy of account. Protect account from fraud. Act carefully and honestly. If the bank fails, it can be held liable under consumer law. ๐Ÿ“Œ 3. RBI “Zero Liability” Rule (Very Important) In 2017, RBI issued rules about unauthorized online transactions . ๐Ÿ”น Zero Liability Means: If: ...

Section 8 of the (CGST Act)Section 8 deals with Tax liability on Composite Supply and Mixed Supply

Section 8 of the (CGST Act) Section 8 deals with Tax liability on Composite Supply and Mixed Supply . This section is very important for LLB exams and GST practical problems. 1️⃣ Meaning of Composite Supply – Section 8(a) ๐Ÿ“Œ Definition (Read with Section 2(30)) Composite Supply means: A supply consisting of two or more taxable supplies of goods or services Naturally bundled Supplied together in the ordinary course of business One of them is a principal supply ๐Ÿ“Œ Tax Treatment under Section 8(a): ๐Ÿ‘‰ Composite supply shall be treated as supply of the Principal Supply . ๐Ÿ”น What is Principal Supply? As per Section 2(90): Principal supply means the main supply to which other supplies are ancillary. ✅ Example 1: If a person buys: Laptop With warranty With delivery charges Here: Laptop = Principal Supply Warranty + Delivery = Ancillary ๐Ÿ‘‰ Entire supply will be treated as supply of goods (Laptop) ๐Ÿ‘‰ GST rate applicable on Laptop will apply on whole amount. ...

Relationship Between Banker and Customer – Important Case

Relationship Between Banker and Customer – Important Case Laws in Detail (Easy Language) Below are the most important case laws explaining the relationship between banker and customer. These cases are very useful for LLB and Judiciary exams . 1. Debtor–Creditor Relationship 1. Facts: Customer deposited money in the bank. Question arose whether bank was a trustee or debtor. Issue: Is the bank a trustee of deposited money? Judgment: House of Lords held: Bank is debtor Customer is creditor Money becomes property of bank Bank can use money for business Principle: The main relationship between banker and customer is debtor and creditor . This is the foundation case. 2. Facts: Customer demanded money from bank. Issue: When does limitation period start? Judgment: Court held: Debt is payable only on demand. Demand must be made at branch during banking hours. Limitation starts from date of demand. Principle: Bank must repay only when customer makes proper dema...

Relationship between Banker and Customer

Relationship between Banker and Customer – Advanced Detailed Legal Analysis (LLB / Judiciary Perspective) The relationship between a banker and a customer is one of the most important commercial relationships in modern economic life. Though primarily contractual , it evolves into different legal characters depending upon the nature of the transaction. Courts in England and India have developed principles through landmark judgments that define rights, duties, liabilities, and remedies. This relationship is governed mainly by: I. Origin and Historical Development The banker-customer relationship developed from English common law. Early English courts treated deposits as loans to the bank , not as trust property. Landmark English Authority: The House of Lords laid down the foundation: Banker is debtor. Customer is creditor. Bank can use deposited money. Obligation is to repay on demand. This principle still governs Indian banking law. II. Who is a Banker? Under S...

DEFINITION OF NOVELTY IN PATENT LAW (

DEFINITION OF NOVELTY IN PATENT LAW (Detailed LL.B. Exam Answer) 1. Basic Meaning Novelty means “newness.” In patent law, novelty means that the invention must be new in the eyes of law and must not have been disclosed to the public anywhere in the world before the date of filing of the patent application. 2. Statutory Definition (India) Under Section 2(1)(l) of the : “New invention” means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application. This shows that India follows the principle of absolute novelty . 3. Meaning of Absolute Novelty Absolute novelty means: The invention must not be published anywhere in the world. It must not be publicly used anywhere in the world. It must not be known to the public anywhere in the world. Even a single prior publication in a foreign country can destroy novelty in India. 4. What Destroys Novelty...

PATENT – ORIGIN AND CONCEPT OF NOVELTY

PATENT – ORIGIN AND CONCEPT OF NOVELTY (With Case Laws) This answer is written in LL.B. exam-oriented simple language with detailed legal analysis and important case laws. PART I – ORIGIN OF PATENT 1. Meaning of Patent A Patent is a statutory right granted by the government to an inventor for a limited period of time (generally 20 years), giving exclusive rights to: Make Use Sell Manufacture Import the invention. In India, patents are governed by the , as amended in 1999, 2002 and 2005. 2. Historical Origin of Patent System (A) Early Origin – Europe 1. Venice Patent Law (1474) The first formal patent system began in: in 1474. Features: Exclusive rights granted to inventors. Disclosure of invention required. Protection for limited time. This became the foundation of the modern patent system. 2. England – Statute of Monopolies (1624) In England, monopolies were abused by the Crown. To regulate this: was enacted. It allowed: Monopoly only for “new...

PATENTABLE INVENTIONS – COMPREHENSIVE DETAILED ANALYSIS

PATENTABLE INVENTIONS – COMPREHENSIVE DETAILED ANALYSIS (Advanced Academic + LLB Exam Oriented + Case Laws + Problem Based Approach) I. Concept and Philosophy of Patentable Inventions Patentable invention is not merely a new idea. It is a legally recognized technical solution to a problem that satisfies statutory conditions and contributes to technological advancement. Patent law is based on three major theoretical justifications: Reward Theory – Inventor deserves reward for intellectual labor. Incentive Theory – Exclusive rights encourage research and innovation. Social Contract Theory – Disclosure of invention in exchange for limited monopoly. Thus, patentability is not automatic. It is a carefully controlled legal recognition. In India, patentability is governed by the . II. Statutory Definition of Invention Section 2(1)(j) defines invention as: A new product or process involving an inventive step and capable of industrial application. This definition contains...