A prenuptial agreement, also called a “pre-nup”, or “premarital agreement”, is an agreement made by couples planning to get married. The pre-nup governs how issues such as dividing marital assets, and alimony will be dealt with if the marriage should end in a divorce.

Without a prenuptial or post-nuptial agreement, a divorced couple’s property will be divided and any maintenance awarded in accordance with Nevada statutes and case law. Any couple looking to save themselves from the circus called, divorce court, should seriously consider a pre-nup. Such an agreement is especially important if one or both parties are on their second or subsequent marriage, if they have children from a previous marriage, or have significant personal assets which they do not want to be subject to the whims of a family court judge.

Are Prenuptial Agreements Enforceable in Divorce Court?

Yes, unless there are defects in their negotiation or content. Originally, most states would not enforce prenuptial agreements because they felt such agreements were “in derogation of marriage”, meaning the agreements work against the principle of married for life. However, in the early seventies, following other states, Nevada held prenuptial agreements to be generally enforceable in, Buettner v. Buettner, 1973. So your agreement will be enforceable if it is properly done.

Why Draft a Prenup?

The most important reason to draft a pre-nup is to save you time and money, if your marriage ends in divorce. By agreeing to terms now, when you love each other, the divorce tends to run simpler, when the bliss has worn off. With a prenuptial agreement you know how things are going to be divided. Giving you peace of mind and costing you drastically less money in divorce attorney fees.

Pre-nups are not romantic. Approaching the conversation is a buzz kill. Most couples find it difficult to discuss the ending of a marriage. You’re in love, and going to be married forever. Why would you need a divorce agreement? Because like life, divorce happens. You have less of a chance of finding your home on fire, and yet you buy home insurance. Signing a pre-nup is not dooming your marriage. Many couples feel siging a pre-nup solidifies each other’s marriage commitments.

What’s in a Prenuptial Agreement?

In 1989, Nevada adopted the Uniform Premarital Agreements Act (UPAA), which can be found in the Nevada Revised Statutes at Title 123A. Under the UPAA, parties to a prenuptial agreement are allowed to agree with regard to:

1. Rights of property which the parties already have or might acquire during the marriage;
2. Any rights to buy, sell, lease or mortgage such property;
3. The disposition of property upon separation, divorce, or death of one of the parties;
4. Alimony; and
5. Any other rights and obligations of the parties which are allowed to be governed by private contract, i.e. are not governed by statute.

Separate property is the main focus of most prenuptial agreements. If you are coming into a marriage with real estate, retirement accounts, or cash, you might want to keep these assets separate from your community property. Community property is divided equally if a divorce happens. Separate property is not divided. A pre-nup often includes a waiver by both parties of any rights in property the other spouse acquired before the marriage. This is important if you who wish to preserve the assets they bring into a marriage.

Couples can also agree that property acquired by one partner after the marriage, which would ordinarily become community property, will remain the separate property of that spouse. For example, you might be halfway to earning a huge bonus, stock options, or maybe a future book deal. By agreeing these assets are to remain separate property you limit this argument in court.

A pre-nup may include language about limiting alimony (aka spousal support) in the case of a divorce. We are even seeing an increase in “fidelity clauses” being linked to spousal support. If a spouse has an affair the spousal support can be limited or increased, depending on your wishes. However, if the elimination or modification of alimony for a spouse results in that spouse needing public assistance, a court may disregard this portion of the agreement.

Two subjects of major concern to many couples contemplating marriage cannot be governed by prenuptial agreements: child custody and child support. By Nevada law, a court must decide these matters based on the standard of the best interests of the child and specific factors at the time of the decision. A premarital agreement signed before children are born would be unable to discuss the future factors. So, any private agreement between the parties on these subjects will not be binding.

When are Pre-Nups Not Enforced?

Prenuptial agreements are contracts between spouses. Like all contracts, in order to be binding, an agreement must be entered into by both parties knowingly and without any coercion, duress or fraud. Because of the closeness of the relationship between engaged persons, courts scrutinize prenuptial agreements especially closely.

First, the agreement must be entered into voluntarily. This means the agreement is not valid if one of the parties executed it under “duress,” a legal term meaning “pressure.” Agreements are often executed under some type of pressure; therefore, not every type of pressure will constitute duress.

While threats of physical violence or blackmail would clearly constitute duress, time between signing the agreement and the wedding date is the biggest culprit. Courts will void a pre-nup because the bride felt pressure to sign a pre-nup three days before the wedding. The typical cause being the emotional stress of having to cancel the wedding, and explain to hundreds of guests why the wedding was canceled. It’s not a gun to the head, but just as scary for some.

The threat of calling off the wedding is not always enough to be duress. Most courts reason that a party has a legal right to call off a wedding at any time. The courts look for other factors such as the unavailability of legal counsel for one spouse, or a one-sided agreement. For more examples of what constitutes duress, see “Voluntary Consent in Prenuptial Agreements”.

It is advisable for couples to allow plenty of time to negotiate and draft an agreement. To avoid the issue of duress being raised in the event of a divorce, couples should again allow several weeks, and even a month or so before the wedding date, for the process of negotiating and executing the agreement. Each side should also consult their own attorney.

Second, the agreement must be entered into “knowingly.” The UPAA requires that both parties be provided a “fair and reasonable disclosure” of the property and financial obligations of the other party. This means that income, real property, bank accounts, investments and all debts must be disclosed. This requirement underscores the advisability of allowing adequate time for consideration of the agreement.

The Nevada Supreme Court has held that where the husband failed to make the disclosures necessary to permit the wife to make an informed decision with respect to the premarital agreement, the agreement is invalid, Fick v. Fick, 1993. The court held that an incomplete list of the husband’s assets, given to the wife shortly before the wedding, and on the basis of which the wife signed the prenuptial agreement, did not constitute full disclosure.

Third, the agreement must be entered into without the presence of fraud. Fraud occurs when a party deliberately or negligently misleads the other party. Obviously, deliberately misstating or concealing one’s financial information would constitute fraud. However, as stated above prenuptial agreements are held to a higher degree of scrutiny than regular commercial contracts; courts require a high degree of honesty on the part of each party, called a fiduciary duty to the other party. Therefore, if the resulting agreement is excessively one-sided, courts will presume the existence of fraud, and, unless this presumption is rebutted in court, will invalidate the agreement.

In Sogg v. Nevada State Bank, the Nevada Supreme Court concluded that a premarital agreement would be presumed fraudulent where it left a wife with no resources or means of support in the event of a divorce, and where the wife probably would have received more under the community property laws of Nevada were it not for the premarital agreement.

The presumption may be overcome by a showing that the party claiming disadvantage was not in fact disadvantaged. Factors to consider include whether the disadvantaged party (1) had ample opportunity to obtain the advice of an independent attorney, (2) was not coerced into making a rash decision by circumstances, (3) had substantial business experience and acumen, and (4) was aware of the financial resources of the other party and understood the rights that were being forfeited.

The court in Sogg, held that where the premarital agreement was drafted by the husband’s attorney, the wife was never given an opportunity to obtain the assistance of her own counsel, was not given a copy of the agreement until the morning of the wedding, and the wife’s business experience was scanty. The court held that the presumption of fraud was not overcome, and the agreement was invalid.
Fair Pre-Nups

A contract is “unconscionable” if it is so one-sided as to be fundamentally unfair. In some states, a prenuptial agreement will be upheld even if it is one-sided and is a bad bargain for one of the parties, as long as it is made voluntarily and with full disclosure by each party. However, the Nevada Supreme Court doesn’t lean this way. In the Fick case, the court took into account the results of the agreement. It invalidated the agreement partly because the agreement eliminated alimony for the wife, which she would have been entitled to, and gave the wife much less community property than she would have received under community property laws. This indicates that Nevada courts will look at the substantive outcome of an agreement in determining fairness and validity.

It is apparent the reasons prenuptial agreements will be rendered unenforceable tend to overlap. In practice, facts which indicate there was not adequate disclosure by a party or which indicate the presence of duress may also be used to find fraud, unconscionably, etc. The overall lesson for couples is therefore: allow sufficient time for negotiation; have separate divorce lawyers available for both parties, disclose all assets, financial information and anything else the other party might reasonably want to know, and to attempt to treat the other spouse as fairly possible.

Banking Fraud is posing threat to Indian Economy. Its vibrant effect can be understood be the fact that in the year 2004 number of Cyber Crime were 347 in India which rose to 481 in 2005 showing an increase of 38.5% while I.P.C. category crime stood at 302 in 2005 including 186 cases of cyber fraud and 68 cases cyber forgery. Thus it becomes very important that occurrence of such frauds should be minimized. More upsetting is the fact that such frauds are entering in Banking Sector as well.

In the present day, Global Scenario Banking System has acquired new dimensions. Banking did spread in India. Today, the banking system has entered into competitive markets in areas covering resource mobilization, human resource development, customer services and credit management as well.

Indian’s banking system has several outstanding achievements to its credit, the most striking of which is its reach. In fact, Indian banks are now spread out into the remotest areas of our country. Indian banking, which was operating in a highly comfortable and protected environment till the beginning of 1990s, has been pushed into the choppy waters of intense competition.

A sound banking system should possess three basic characteristics to protect depositor’s interest and public faith. Theses are (i) a fraud free culture, (ii) a time tested Best Practice Code, and (iii) an in house immediate grievance remedial system. All these conditions are their missing or extremely weak in India. Section 5(b) of the Banking Regulation Act, 1949 defines banking… “Banking is the accepting for the purpose of lending or investment, deposits of money from the purpose of lending or investment, deposits of money from the public, repayable on demand or otherwise and withdraw able by cheque, draft, order or otherwise.” But if his money has fraudulently been drawn from the bank the latter is under strict obligation to pay the depositor. The bank therefore has to ensure at all times that the money of the depositors is not drawn fraudulently. Time has come when the security aspects of the banks have to be dealt with on priority basis.

The banking system in our country has been taking care of all segments of our socioeconomic set up. The Article contains a discussion on the rise of banking frauds and various methods that can be used to avoid such frauds. A bank fraud is a deliberate act of omission or commission by any person carried out in the course of banking transactions or in the books of accounts, resulting in wrongful gain to any person for a temporary period or otherwise, with or without any monetary loss to the bank. The relevant provisions of Indian Penal Code, Criminal Procedure Code, Indian Contract Act, and Negotiable Instruments Act relating to banking frauds has been cited in the present Article.

EVOLUTION OF BANKING SYSTEM IN INDIA

Banking system occupies an important place in a nation’s economy. A banking institution is indispensable in a modern society. It plays a pivotal role in economic development of a country and forms the core of the money market in an advanced country.

Banking industry in India has traversed a long way to assume its present stature. It has undergone a major structural transformation after the nationalization of 14 major commercial banks in 1969 and 6 more on 15 April 1980. The Indian banking system is unique and perhaps has no parallels in the banking history of any country in the world.

RESERVE BANK OF INDIA-ECONOMIC AND SOCIAL OBJECTIVE

The Reserve Bank of India has an important role to play in the maintenance of the exchange value of the rupee in view of the close interdependence of international trade and national economic growth and well being. This aspect is of the wider responsibly of the central bank for the maintenance of economic and financial stability. For this the bank is entrusted with the custody and the management of country’s international reserves; it acts also as the agent of the government in respect of India’s membership of the international monetary fund. With economic development the bank also performs a variety of developmental and promotional functions which in the past were registered being outside the normal purview of central banking. It also acts an important regulator.

BANK FRAUDS: CONCEPT AND DIMENSIONS

Banks are the engines that drive the operations in the financial sector, which is vital for the economy. With the nationalization of banks in 1969, they also have emerged as engines for social change. After Independence, the banks have passed through three stages. They have moved from the character based lending to ideology based lending to today competitiveness based lending in the context of India’s economic liberalization policies and the process of linking with the global economy.

While the operations of the bank have become increasingly significant banking frauds in banks are also increasing and fraudsters are becoming more and more sophisticated and ingenious. In a bid to keep pace with the changing times, the banking sector has diversified it business manifold. And the old philosophy of class banking has been replaced by mass banking. The challenge in management of social responsibility with economic viability has increased.

DEFINITION OF FRAUD

Fraud is defined as “any behavior by which one person intends to gain a dishonest advantage over another”. In other words , fraud is an act or omission which is intended to cause wrongful gain to one person and wrongful loss to the other, either by way of concealment of facts or otherwise.

Fraud is defined u/s 421 of the Indian Penal Code and u/s 17 of the Indian Contract Act. Thus essential elements of frauds are:

1. There must be a representation and assertion;

2. It must relate to a fact;

3. It must be with the knowledge that it is false or without belief in its truth; and

4. It must induce another to act upon the assertion in question or to do or not to do certain act.

BANK FRAUDS

Losses sustained by banks as a result of frauds exceed the losses due to robbery, dacoity, burglary and theft-all put together. Unauthorized credit facilities are extended for illegal gratification such as case credit allowed against pledge of goods, hypothecation of goods against bills or against book debts. Common modus operandi are, pledging of spurious goods, inletting the value of goods, hypothecating goods to more than one bank, fraudulent removal of goods with the knowledge and connivance of in negligence of bank staff, pledging of goods belonging to a third party. Goods hypothecated to a bank are found to contain obsolete stocks packed in between goods stocks and case of shortage in weight is not uncommon.

An analysis made of cases brings out broadly the under mentioned four major elements responsible for the commission of frauds in banks.

1. Active involvement of the staff-both supervisor and clerical either independent of external elements or in connivance with outsiders.

2. Failure on the part of the bank staff to follow meticulously laid down instructions and guidelines.

3. External elements perpetuating frauds on banks by forgeries or manipulations of cheques, drafts and other instruments.

4. There has been a growing collusion between business, top banks executives, civil servants and politicians in power to defraud the banks, by getting the rules bent, regulations flouted and banking norms thrown to the winds.

FRAUDS-PREVENTION AND DETECTION

A close study of any fraud in bank reveals many common basic features. There may have been negligence or dishonesty at some stage, on part of one or more of the bank employees. One of them may have colluded with the borrower. The bank official may have been putting up with the borrower’s sharp practices for a personal gain. The proper care which was expected of the staff, as custodians of banks interest may not have been taken. The bank’s rules and procedures laid down in the Manual instructions and the circulars may not have been observed or may have been deliberately ignored.

Bank frauds are the failure of the banker. It does not mean that the external frauds do not defraud banks. But if the banker is upright and knows his job, the task of defrauder will become extremely difficult, if not possible.

Detection of Frauds

Despite all care and vigilance there may still be some frauds, though their number, periodicity and intensity may be considerably reduced. The following procedure would be very helpful if taken into consideration:

1. All relevant data-papers, documents etc. Should be promptly collected. Original vouchers or other papers forming the basis of the investigation should be kept under lock and key.

2. All persons in the bank who may be knowing something about the time, place a modus operandi of the fraud should be examined and their statements should be recorded.

3. The probable order of events should thereafter be reconstructed by the officer, in his own mind.

4. It is advisable to keep the central office informed about the fraud and further developments in regard thereto.

Classification of Frauds and Action Required by Banks

The Reserve Bank of India had set-up a high level committee in 1992 which was headed by Mr. A… Ghosh, the then Dy. Governor Reserve Bank of India to inquire into various aspects relating to frauds malpractice in banks. The committee had noticed/observed three major causes for perpetration of fraud as given hereunder:

1. Laxity in observance of the laid down system and procedures by operational and supervising staff.

2. Over confidence reposed in the clients who indulged in breach of trust.

3. Unscrupulous clients by taking advantages of the laxity in observance of established, time tested safeguards also committed frauds.

In order to have uniformity in reporting cases of frauds, RBI considered the question of classification of bank frauds on the basis of the provisions of the IPC.
Given below are the Provisions and their Remedial measures that can be taken.

1. Cheating (Section 415, IPC)

Remedial Measures.

The preventive measures in respect of the cheating can be concentrated on cross-checking regarding identity, genuineness, verification of particulars, etc. in respect of various instruments as well as persons involved in encashment or dealing with the property of the bank.

2. Criminal misappropriation of property (Section 403 IPC).

Remedial Measure

Criminal misappropriation of property, presuppose the custody or control of funds or property, so subjected, with that of the person committing such frauds. Preventive measures, for this class of fraud should be taken at the level the custody or control of the funds or property of the bank generally vests. Such a measure should be sufficient, it is extended to these persons who are actually handling or having actual custody or control of the fund or movable properties of the bank.

3. Criminal breach of trust (Section 405, IPC)

Remedial Measure

Care should be taken from the initial step when a person comes to the bank. Care needs to be taken at the time of recruitment in bank as well.

4. Forgery (Section 463, IPC)

Remedial Measure

Both the prevention and detection of frauds through forgery are important for a bank. Forgery of signatures is the most frequent fraud in banking business. The bank should take special care when the instrument has been presented either bearer or order; in case a bank pays forged instrument he would be liable for the loss to the genuine costumer.

5. Falsification of accounts (Section 477A)

Remedial Measure

Proper diligence is required while filling of forms and accounts. The accounts should be rechecked on daily basis.

6. Theft (Section 378, IPC)

Remedial Measures

Encashment of stolen’ cheque can be prevented if the bank clearly specify the age, sex and two visible identify action marks on the body of the person traveler’s cheques on the back of the cheque leaf. This will help the paying bank to easily identify the cheque holder. Theft from lockers and safe deposit vaults are not easy to commit because the master-key remains with the banker and the individual key of the locker is handed over to the costumer with due acknowledgement.

7. Criminal conspiracy (Section 120 A, IPC)

In the case of State of Andhra Pradesh v. IBS Prasad Rao and Other, the accused, who were clerks in a cooperative Central Bank were all convicted of the offences of cheating under Section 420 read along with Section 120 A. all the four accused had conspired together to defraud the bank by making false demand drafts and receipt vouchers.

8. Offences relating to currency notes and banks notes (Section 489 A-489E, IPC)
These sections provide for the protection of currency-notes and bank notes from forgery. The offences under section are:

(a) Counterfeiting currency notes or banks.

(b) Selling, buying or using as genuine, forged or counterfeit currency notes or bank notes. Knowing the same to be forged or counterfeit.

(c) Possession of forged or counterfeit currency notes or bank-notes, knowing or counterfeit and intending to use the same as genuine.

(d) Making or passing instruments or materials for forging or counterfeiting currency notes or banks.

(e) Making or using documents resembling currency-notes or bank notes.

Most of the above provisions are Cognizable Offenses under Section 2(c) of the Code of Criminal Procedure, 1973.

FRAUD PRONE AREAS IN DIFFERENT ACCOUNTS

The following are the potential fraud prone areas in Banking Sector. In addition to those areas I have also given kinds of fraud that are common in these areas.

Savings Bank Accounts

The following are some of the examples being played in respect of savings bank accounts:

(a) Cheques bearing the forged signatures of depositors may be presented and paid.

(b) Specimen signatures of the depositors may be changed, particularly after the death of depositors,

(c) Dormant accounts may be operated by dishonest persons with or without collusion of bank employees, and

(d) Unauthorized withdrawals from customer’s accounts by employee of the bank maintaining the savings ledger and later destruction of the recent vouchers by them.

Current Account Fraud

The following types are likely to be committed in case of current accounts.

(a) Opening of frauds in the names of limited companies or firms by unauthorized persons;

(b) Presentation and payment of cheques bearing forged signatures;

(c) Breach of trust by the employees of the companies or firms possessing cheque leaves duly signed by the authorized signatures;

(d) Fraudulent alteration of the amount of the cheques and getting it paid either at the counter or though another bank.

Frauds In Case Of Advances

Following types may be committed in respect of advances:

(a) Spurious gold ornaments may be pledged.

(b) Sub-standard goods may be pledged with the bank or their value may be shown at inflated figures.
(c) Same goods may be hypothecated in favour of different banks.

LEGAL REGIME TO CONTROL BANK FRAUDS

Frauds constitute white-collar crime, committed by unscrupulous persons deftly advantage of loopholes existing in systems/procedures. The ideal situation is one there is no fraud, but taking ground realities of the nation’s environment and human nature’s fragility, an institution should always like to keep the overreach of frauds at the minimum occurrence level.

Following are the relevant sections relating to Bank Frauds

Indian Penal Code (45 of 1860)

(a) Section 23 “Wrongful gain”.-

“Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled.

(b) “Wrongful loss”

“Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled.
(c) Gaining wrongfully.

Losing wrongfully-A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.

(d) Section 24. “Dishonestly”

Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”.

(e) Section 28. “Counterfeit”

A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced.

BREACH OF TRUST

1. Section 408- Criminal breach of trust by clerk or servant.

2. Section 409- Criminal breach of trust by public servant, or by banker, merchant or agent.

3. Section 416- Cheating by personating

4. Section 419- Punishment for cheating by personation.

OFFENSES RELATING TO DOCUMENTS

1) Section 463-Forgery

2) Section 464 -Making a false document

3) Section 465- Punishment for forgery.

4) Section 467- Forgery of valuable security, will, etc

5) Section 468- Forgery for purpose of cheating

6) Section 469- Forgery for purpose of harming reputation

7) Section 470- Forged document.

8) Section 471- Using as genuine a forged document

9) Section 477- Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.

10) Section 477A- Falsification of accounts.

THE RESERVE BANK OF INDIA ACT, 1934

Issue of demand bills and notes Section 31.

Provides that only Bank and except provided by Central Government shall be authorized to draw, accept, make or issue any bill of exchange, hundi, promissory note or engagement for the payment of money payable to bearer on demand, or borrow, owe or take up any sum or sums of money on the bills, hundis or notes payable to bearer on demand of any such person

THE NEGOTIABLE INSTRUMENTS ACT, 1881

Holder’s right to duplicate of lost bill Section 45A.

1. The finder of lost bill or note acquires no title to it. The title remains with the true owner. He is entitled to recover from the true owner.

2. If the finder obtains payment on a lost bill or note in due course, the payee may be able to get a valid discharge for it. But the true owner can recover the money due on the instrument as damages from the finder.

Section 58

When an Instrument is obtained by unlawful means or for unlawful consideration no possessor or endorse who claims through the person who found or so obtained the instrument is entitled to receive the amount due thereon from such maker, accept or holder, or from any party prior to such holder, unless such possessor or endorse is, or some person through whom he claims was, a holder thereof in due course.

Section 85:

Cheque payable to order.

1. By this section, bankers are placed in privileged position. It provides that if an order cheque is endorsed by or on behalf of the payee, and the banker on whom it is drawn pays it in due course, the banker is discharged. He can debit his customer with the amount so paid, though the endorsement of the payee might turn out to be a forgery.

2. The claim protection under this section the banker has to prove that the payment was a payment in due course, in good faith and without negligence.

Section 87. Effect of material alteration

Under this section any alteration made without the consent of party would be void. Alteration would be valid only if is made with common intention of the party.

Section 138. Dishonour of cheque for insufficiency, etc., of funds in the account.

Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid. either because of the amount of money standing to the credit of that account is insufficient to honor the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offense and shall, without prejudice.

Section 141(1) Offenses by companies.

If the person committing an offense under Section 138 is a company, every person who, at the time the offense was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offense and shall be liable to be proceeded against and punished accordingly.

SECURITY REGIME IN BANKING SYSTEM

Security implies sense of safety and of freedom from danger or anxiety. When a banker takes a collateral security, say in the form of gold or a title deed, against the money lent by him, he has a sense of safety and of freedom from anxiety about the possible non-payment of the loan by the borrower. These should be communicated to all strata of the organization through appropriate means. Before staff managers should analyze current practices. Security procedure should be stated explicitly and agreed upon by each user in the specific environment. Such practices ensure information security and enhance availability. Bank security is essentially a defense against unforced attacks by thieves, dacoits and burglars.

PHYSICAL SECURITY MEASURES-CONCEPT

A large part of banks security depends on social security measures. Physical security measures can be defined as those specific and special protective or defensive measures adopted to deter, detect, delay, defend and defeat or to perform any one or more of these functions against culpable acts, both covert and covert and acclamation natural events. The protective or defensive, measures adopted involve construction, installation and deployment of structures, equipment and persons respectively.

The following are few guidelines to check malpractices:

1. To rotate the cash work within the staff.

2. One person should not continue on the same seat for more than two months.

3. Daybook should not be written by the Cashier where an other person is available to the job

4. No cash withdrawal should be allowed within passbook in case of withdrawal by pay order.

5. The branch manager should ensure that all staff members have recorder their presence in the attendance registrar, before starting work.

Execution of Documents

1. A bank officer must adopt a strict professional approach in the execution of documents. The ink and the pen used for the execution must be maintained uniformly.

2. Bank documents should not be typed on a typewriter for execution. These should be invariably handwritten for execution.

3. The execution should always be done in the presence of the officer responsible for obtain them,
4. The borrowers should be asked to sign in full signatures in same style throughout the documents.

5. Unless there is a specific requirement in the document, it should not be got attested or witnessed as such attestation may change the character of the instruments and the documents may subject to ad volrem stamp duty.

6. The paper on which the bank documents are made should be pilfer proof. It should be unique and available to the banks only.

7. The printing of the bank documents should have highly artistic intricate and complex graphics.

8. The documents executed between Banker and Borrowers must be kept in safe custody,

CHANGES IN LEGISLATION AFTER ELECTRONIC TRANSACTIONS

1. Section 91 of IPC shall be amended to include electronic documents also.

2. Section 92 of Indian Evidence Act, 1872 shall be amended to include commuter based communications

3. Section 93 of Bankers Book Evidence Act, 1891 has been amended to give legal sanctity for books of account maintained in the electronic form by the banks.

4. Section 94 of the Reserve Bank of India Act, 1939 shall be amended to facilitate electronic fund transfers between the financial institutions and the banks. A new clause (pp) has been inserted in Section 58(2).

RECENT TRENDS OF BANKING SYSTEM IN INDIA

In the banking and financial sectors, the introduction of electronic technology for transactions, settlement of accounts, book-keeping and all other related functions is now an imperative. Increasingly, whether we like it or not, all banking transactions are going to be electronic. The thrust is on commercially important centers, which account for 65 percent of banking business in terms of value. There are now a large number of fully computerized branches across the country.

A switchover from cash-based transactions to paper-based transactions is being accelerated. Magnetic Ink character recognition clearing of cheques is now operational in many cities, beside the four metro cities. In India, the design, management and regulation of electronically-based payments system are becoming the focus of policy deliberations. The imperatives of developing an effective, efficient and speedy payment and settlement systems are getting sharper with introduction of new instruments such as credit cards, telebanking, ATMs, retail Electronic Funds Transfer (EFT) and Electronic Clearing Services (ECS). We are moving towards smart cards, credit and financial Electronic Data Interchange (EDI) for straight through processing.

Financial Fraud (Investigation, Prosecution, Recovery and Restoration of property) Bill, 2001

Further the Financial Fraud (Investigation, Prosecution, Recovery and Restoration of property) Bill, 2001 was introduced in Parliament to curb the menace of Bank Fraud. The Act was to prohibit, control, investigate financial frauds; recover and restore properties subject to such fraud; prosecute for causing financial fraud and matters connected therewith or incidental thereto.

Under the said act the term Financial Fraud has been defined as under:

Section 512 – Financial Fraud

Financial frauds means and includes any of the following acts committed by a person or with his connivance, or by his agent, in his dealings with any bank or financial institution or any other entity holding public funds;

1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;

2. The active concealment of a fact by one having knowledge or belief of the fact;

3. A promise made with out any intention of performing it;

4. Any other act fitted to deceive;

5. Any such act or omission as the law specially declares to be fraudulent.
Provided that whoever acquires, possesses or transfers any proceeds of financial fraud or enters into any transaction which is related to proceeds of fraud either directly or indirectly or conceals or aids in the concealment of the proceeds of financial fraud, commits financial fraud.

513(a) – Punishment for Financial Fraud

Whoever commits financial fraud shall be: (a) Punished with rigorous imprisonment for a term, which may extend to seven years and shall also be liable to fine.

(b)Whoever commits serious financial fraud shall be punished with rigorous imprisonment for a term which may extend to ten years but shall not be less than five years and shall also be liable for fine up to double the amount involved in such fraud.

Provided that in both (a) and (b) all funds, bank accounts and properties acquired using such funds subjected to the financial fraud as may reasonably be attributed by the investigating agency shall be recovered and restored to the rightful owner according to the procedure established by law.

CONCLUSION

The Indian Banking Industry has undergone tremendous growth since nationalization of 14 banks in the year 1969. There has an almost eight times increase in the bank branches from about 8000 during 1969 to mote than 60,000 belonging to 289 commercial banks, of which 66 banks are in private sector.

It was the result of two successive Committees on Computerization (Rangarajan Committee) that set the tone for computerization in India. While the first committee drew the blue print in 1983-84 for the mechanization and computerization in banking industry, the second committee set up in 1989 paved the way for integrated use of telecommunications and computers for applying technogical breakthroughs in banking sector.

However, with the spread of banking and banks, frauds have been on a constant increase. It could be a natural corollary to increase in the number of customers who are using banks these days. In the year 2000 alone we have lost Rs 673 crores in as many as 3,072 number of fraud cases. These are only reported figures. Though, this is 0.075% of Rs 8,96,696 crores of total deposits and 0.15% of Rs 4,44,125 crores of loans & advances, there are any numbers of cases that are not reported. There were nearly 65,800 bank branches of a total of 295 commercial banks in India as on June 30, 2001 reporting a total of nearly 3,072 bank fraud cases. This makes nearly 10.4 frauds per bank and roughly 0.47 frauds per branch.

An Expert Committee on Bank Frauds (Chairman: Dr.N.L.Mitra) submitted its Report to RBI in September 2001. The Committee examined and suggested both the preventive and curative aspects of bank frauds.

The important recommendations of the Committee include:

o A need for including financial fraud as a criminal offense;

o Amendments to the IPC by including a new chapter on financial fraud;

o Amendments to the Evidence Act to shift the burden of proof on the accused person;

o Special provision in the Cr. PC for properties involved in the Financial Fraud.

o Confiscating unlawful gains; and preventive measures including the development of Best Code Procedures by banks and financial institutions.

Thus it can be concluded that following measures should necessarily be adopted by the Ministry of Finance in order to reduce cases of Fraud.

o There must be a Special Court to try financial fraud cases of serious nature.

o The law should provide separate structural and recovery procedure. Every bank must have a domestic inquiry officer to enquirer about the civil dimension of fraud.

o A fraud involving an amount of ten crore of rupees and above may be considered serious and be tried in the Special Court.

The Twenty-ninth Report of the Law Commission had dealt some categories of crimes one of which is “offenses calculated to prevent and obstruct the economic development of the country and endanger its economic health.” Offenses relating to Banking Fraud will fall under this category. The most important feature of such offenses is that ordinarily they do not involve an individual direct victim. They are punishable because they harm the whole society. It is clear that money involved in Bank belongs to public. They deposit there whole life’ security in Banks and in case of Dacoity or Robbery in banks the public will be al lost. Thus it is important that sufficient efforts should be taken in this regard.

There exists a new kind of threat in cyber world. Writers are referring it as “Salami Attack” under this a special software is used for transferring the amount from the account of the individual. Hence the culprits of such crimes should be found quickly and should be given strict punishment. Moreover there is requirement of more number of IT professionals who will help in finding a solution against all these security threats.

Quality and affordability does not usually come hand in hand in almost all things. For one to get good quality things, most likely he or she needs to spend a lot. But that is not always the case when it comes to furniture. People who do not have that big of a budget now have the chance to still get the design that they want for their homes without going over their budget. A lot of great quality furniture are sold by different furniture shops these days at very reasonable prices. Now that is very good news especially that almost all people are now doing everything they can just to stretch their budgets. Home enhancements are often associated with high expenses. But that could be a thing of the past now that one could buy a stylish and modern bedroom furniture at a very low cost.

Modern home furniture sets come in different designs and even in different colors as well. People can further increase their savings when decorating their homes since making use of these great-looking furniture would no longer require them to buy other expensive decorating materials to enhance the appearance of their homes. Just the furniture themselves would already be enough as a complement to the structure and design of the house. That gives an added benefit for all since functionality could now be combined with style through the use of modern furniture. A simple and modern glass coffee table could be used just like an accessory only that it has more purpose.

Modern furniture is also not that hard to find nowadays since a lot of shops are now selling them. Buyers would have a wide variety of designs to choose from. They get to compare different rates, quality of materials used, and the overall functionality. They also come in a wide variety so there would always be one that would be ideal for all members of the family may it be adults or children, male or female. Different price ranges are also made available so you really do not have to spend much in order to get the right one for your needs. Visit different websites or call different stores to check out what they have and for you to choose and plan which one to get.

Almost any type of sets are available out there in the market so people no need to worry about getting the right one for different parts of the house. There are modern sofas for the living room, different types of cabinets for the kitchen, beds with new designs, and many more. All that you need to do is to invest a little of your time in checking out different furniture available and determine which one would fit your home design. With these benefits offered by modern home furniture, making use of them to complement the design of your home is definitely a great idea. People could now be more practical without sacrificing the design and the quality of their home furniture.

Airport taxi service has come a long way since they were incorporated as a part of the system and there is hardly an international traveler that can get by without the airport taxi no matter how sporadic their travel.

Airport transfers are meant to bring the journey to a befitting conclusion while heightening the expectation of the impending trip and with our airport taxi transfers the journey has never so comfortable.

In the 20th century taxis to airports were the most beautiful contraptions you ever saw and although these taxi transfers were effective for the period the client may not have experienced anything out of the ordinary except that they got to the destination in one piece.

History aside our modern fleet offers the client convenient airport transfers and the wide array of taxi van services to choose only serves as a reminder that this taxi transfer is the top-notch.

These airport taxi services are also on hand to transport individuals from Gatwick to their final location in a luxurious manner. This gives the punter options that may not have previously been open and with the alternative of a taxi van service at your disposal the client is surely spoiled for choice.

When looking for a taxi transfer the patron is sure to be inundated with copious alternatives but for paramount service our taxis services are the cream of the crop and will move you effortlessly form one locale to the other.

On the other hand there is the Gatwick taxi that is sure to suit your fancy no matter how specific your requirements. All these taxi services are within reach for the discerning client that would like to have a taxi service fit for royals.

This UK airport taxi is the favored option for the first time or repeat visitor to this city and whenever there is the need for a quick trip to or from the aerodrome these taxi transfer services are well worth it both in terms of panache and comfort.

For taxi services that are sure to leave a positive and lasting memory these mini cabs are surely the only way to travel.

Learning a new language can be difficult and overwhelming, even when the language is a popular one. Many people hope to learn English through different ways of learning as a way to increase opportunities and job related skills, while others simply want to improve upon their personal knowledge. Different people learn best in different methods. Some people learn quickly by reading books themselves because they have better ability to process the information and remember it. Others might do it better when they go in a group. They can share and discuss more knowledge and gain new ideas with the teacher and friends. Some people even do better when they are alone because they don’t need somebody every time to practice. You can speak English on your own. Out of all the above options, learning English from home is the best option because it gives flexibility to learn at any convenient time.

So if you do not have adequate time to go out somewhere, but still you want to learn it anyhow, then learning English at home is the best option. Whether you are a complete beginner of the language or you already have a little knowledge of the English language, its possible to learn English at home no matter where you live. This type of English language learning will maximize your progress in English, in the shortest period of time, & that too in a relaxed and hospitable environment.

There are many advantages for choosing to learn English at home:

  • It will give you the options of different learning methods like online English learning websites, English learning kits, Podcasts etc.
  • You get flexible and hassle free learning sessions with it. Here you don’t need to plan your schedule or spend your time in going to a coaching class. You have complete convenience of choosing your own time and place for learning.
  • You are not dependent on anyone for your learning. You learn independently, which not only makes you independent but also increases your self confidence.
  • It allows the whole family as well as friends to learn using the same material. This is cost effective & furthermore it also provides flexible learning to everyone.
  • You can use these learning from home material anytime throughout your life. You can revise your learning even after a couple of months or years of your learning.

There are different ways of learning English at home. But the most important aspect is to stay motivated and practice regularly, so that you can improve your language skills. Different ways to learn English at home are:-

Books/Websites/English learning kits

To speak fluent English, you need to understand the rules of grammar. You can learn these through a book or a website or an English learning kit that specializes in teaching English. If possible, choose a resource that includes explanations in your native language. English learning kits are a huge success these days. With these, learning English has become absolute fun! These interactive English learning kits allow you to practice vocabulary as per your own time & convenience.

Flash Cards

Create flash cards that are relevant to the type of English that you wish to learn. For example, if you’re studying English for business, you’ll need to know English words that relate to business. Review the cards on a daily basis. This is a good way to build your vocabulary words.

Watching English movies

If you are a fan of English movies, then learning English can be more than fun. Learning English by watching movies is learning by input, which is both enjoyable & motivational. You learn a lot of things from watching English movies such as – pronunciation, vocabulary, style, intonation even western culture, habit etc.

Podcasts

Listening to others speak English is an essential skill. You can improve listening skills through Podcasts, which you can listen to on your Mp3 player. Start with Podcasts created for non- English speakers, which will include slow, clear language. As your skills improve, you can start listening to Podcasts on topics that interest you

Out of the several options available, it’s up to to the learner which learning method he/she wants to adopt to learn the language but one thing you should always keep in mind that whatever learning method you choose, you should be self motivated.

So learn English by staying at home & boost your confidence in your work & social life.