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negotiable instrument

negotiable instrument

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Published by Momna Amjad

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Published by: Momna Amjad on Apr 30, 2011
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09/17/2012

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Subject 
:
Principles of Insurance and Banking
 
Course Code 
:
FM-306
 
Author 
:
Dr. S.S. Kundu
 
Lesson 
:
1
 
Vetter 
:
Dr. B.S. Bodla
 
NEGOTIABLE INSTRUMENTS ACT, 1881
 
STRUCTURE
1.0 Objectives1.1 Introduction1.2 Meaning of Negotiable Instruments1.3 Characteristics of a negotiable instrument1.4 Presumptions as to negotiable instrument1.5 Types of negotiable Instrument1.5.1 Promissory notes1.5.2 Bill of exchange1.5.3 Cheques1.5.4 Hundis1.6 Parties to negotiable instruments1.6.1 Parties to Bill of Exchange1.6.2 Parties to a Promissory Note1.6.3 Parties to a Cheque1.7 Negotiation1.7.1 Modes of negotiation1.8 Assignment1.8.1 Negotiation and Assignment Distinguished1.8.2 Importance of delivery in negotiation1.9 Endorsement1.10 Instruments without Consideration1.11 Holder in Due Course
 
 21.12 Dishonour of a Negotiable instrument1.13 Noting and protesting1.14 Summary1.15 Keywords1.16 Self Assessment Questions1.17 References/Suggested readings
1.0 OBJECTIVES
After reading this lesson, you should be able to-
Understand meaning, essential characteristics and types of negotiable instruments;
Describe the meaning and marketing of cheques, crossing of cheques and cancellation of crossing of a cheque;
Explain capacity and liability parties to a negotiableinstruments; and
Understand various provisions of negotiable instrument Act,1881 regarding negotiation, assignment, endorsement,acceptance, etc. of negotiable instruments.
1.1 INTRODUCTION
 The Negotiable Instruments Act was enacted, in India, in 1881.Prior to its enactment, the provision of the English Negotiable InstrumentAct were applicable in India, and the present Act is also based on theEnglish Act with certain modifications. It extends to the whole of Indiaexcept the State of Jammu and Kashmir. The Act operates subject to theprovisions of Sections 31 and 32 of the Reserve Bank of India Act, 1934.Section 31 of the Reserve Bank of India Act provides that no person inIndia other than the Bank or as expressly authorised by this Act, theCentral Government shall draw, accept, make or issue any bill of exchange, hundi, promissory note or engagement for the payment of 
 
 3money payable to bearer on demand. This Section further provides thatno one except the RBI or the Central Government can make or issue apromissory note expressed to be payable or demand or after a certaintime. Section 32 of the Reserve Bank of India Act makes issue of suchbills or notes punishable with fine which may extend to the amount of the instrument. The effect or the consequences of these provisions are:1. A promissory note cannot be made payable to the bearer, nomatter whether it is payable on demand or after a certaintime.2. A bill of exchange cannot be made payable to the bearer ondemand though it can be made payable to the bearer after acertain time.3. But a cheque {though a bill of exchange} payable to bearer ordemand can be drawn on a person’s account with a banker.
1.2 MEANING OF NEGOTIABLE INSTRUMENTS
According to Section 13 (a) of the Act, “Negotiable instrumentmeans a promissory note, bill of exchange or cheque payable either toorder or to bearer, whether the word “order” or “ bearer” appear on theinstrument or not.”In the words of Justice, Willis, “A negotiable instrument is one, theproperty in which is acquired by anyone who takes it bonafide and forvalue notwithstanding any defects of the title in the person from whomhe took it”. Thus, the term, negotiable instrument means a written document which creates a right in favour of some person and which is freelytransferable. Although the Act mentions only these three instruments(such as a promissory note, a bill of exchange and cheque), it does not

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