91-year-Old awarded PhD in ‘Study of Judicial Verdicts in Cheque Dishonour Cases’

-


         Shri S. Mohammed Miskeen, 91,  C.A by profession based out of  Tiruvarur, received his Ph.D. degree, at the Bharathidasan University convocation recently.


         Shri Miskeen was fascinated with cheque bouncing cases in his avatar as Founder of ‘R A College, Tiruvarur’.

         He came across such cases too in his professional life as a practicing Chartered Accountant.

The District of Tiruvarur was carved out as a separate district by detaching Valangaiman Taluk from Thanjavur District and Thiruvarur, Nannilam, Kudavasal, Needamangalam, Mannargudi, Thirutturaippundi Taluks from Nagappatinam District on 01.01.1997.

         Shri Miskeen’s curiosity encouraged him to do more research on the causes of cheques dishonour and the ramifications of a bounced cheque.

         To formalise his research, Shri Miskeen decided to do a PhD in ‘cheque dishonour’.

         Shri Miskeen commenced his PhD thesis in  2014 under the guidance of Dr. Issac Francis Gnanasekar from St. Jospeh’s college, Trichy.

The time frame to complete the thesis was 6 years.

However, Shri Miskeen could complete the PhD process in 5 years and Bharathidasan University awarded him PhD for his path-breaking work in ‘cheque bouncing’.

The research study is aptly named‘An analytical study of judicial verdicts in cheque dishonour cases and on their impact on offenders under Section 138 of Negotiable Instruments Act, 1881.’

Over the last 5 years, Shri Miskeen analysed close to 400 cases from Supreme Court and High Court judgements, all of which have been covered in his thesis.

The research also explains topics such as cheque dishonouring, when is a cheque is dishonoured and when is an offence committed.
On analysing more than 400 cases about cheque dishonour, Shri Miskeen has two suggestions for the government.


Suggestion 01) The first is that the Negotiable Instruments Act of 1881 should be amended to avoid sending people to jail for failing to repay their debt or loan amount or when even one cheque out of a series of cheques bounces during encashment.

“More than 50% of the population in India live below the poverty line. Sometimes, they may be unable to repay their debt due to some unforeseen circumstances. In such cases, the Act should be amended,” said Miskeen.


         Suggestion 02) This is to Reserve Bank of India (RBI) - to create a registry of accounts whose cheques are bounced on a regular basis and provide a mechanism to freeze such accounts for defaulting on payments.

          
Additional Reading links:

Cheque-bounce victim? Now, this law provides big relief to you, thanks to Supreme Court @ https://www.zeebiz.com/personal-finance/news-cheque-bounce-victim-now-this-law-provides-big-relief-to-you-thanks-to-supreme-court-100957
Supreme  Court Judgments @   https://sci.gov.in/judgments with key word as ‘Cheque”


Nonagenarian receives Ph.D. degree @ https://www.thehindu.com/news/cities/Tiruchirapalli/nonagenarian-receives-phd-degree/article29581918.ece

Comments

Post a Comment

Popular posts from this blog

CERTIFICATE EXAMINATION IN INTERNATIONAL TRADE FINANCE

-
Image
          This certification is essential for all members of a Bank Trade Finance Department.   The syllabus covers key aspects required by team members to effectively discharge their duties. Trade Finance is one of the traditional forms of bank finance in India. In view of reforms and liberalisation, this has gained a new significance.   Many of the practices in trade finance have evolved over a period of time and some are guided by Ministry of Commerce and Reserve Bank of India, besides WTO and International Chamber of Commerce through UCPDC 600. With the increase in the volume of trade both domestically and internationally, there is a need for trade finance professionals from banks as well as corporates. The Objectives of this IIBF Examination is as under:   (i) To provide candidates with competencies required to function as trade finance practitioners. (ii) To enable candidates to possess the ...
Read more

IIBF-Certificate Examination in Foreign Exchange Facilities for Individuals

-
          The primary objective this IIBF course is to make the branch officials familiar with the FEMA provisions that impact their day to day functioning at the branch level.     This exam is being introduced pursuant to the recommendation of a committee of RBI.           Normally foreign exchange transactions pertaining to individuals are handled at branches only and are not referred to specialised forex cells.           The course covers ‘Foreign Exchange Facilities for individuals under FEMA1999’ RBIs FAQs’ on Forex Facilities for Residents (Individuals) (updated up to November 21, 2014) For full details refer to Reserve Bank of India website: Introduction : The legal framework for administration of foreign exchange transactions in India is provided by the Foreign Exchange Management Act, 1999. Un...
Read more

IIBF introduces Self-Paced E-learning courses (SPeL) for its two certificates

-
Image
          Indian Institute of Banking Finance (IIBF) has taken a quantum leap in disseminating knowledge to its members and non-members.           IIBF in April 2019, introduced the Self-Paced E-learning courses (SPeL) concept for banking enthusiasts to be familiar with banking concepts.           In the first stage, IIBF has launched   two certificate courses i.e 1. Digital Banking and 2. Ethics in Banking.           The objective of this self-paced e-learning mode are as follows: • Participants can make the best use of his or her time, in order to meet his or her learning objectives. • Participants can access the course   anywhere/anytime with an internet connection. • Participants need not travel to give their examinations. It saves time and money of the participants. ...
Read more