Bare Act Search Results

Negotiable Instruments Act, 1881 Section 143

Title: Power of Court to Try Cases Summarily

State: Central

Year: 1881

.....term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate sh all after hearing the parties, record an ord er to that effect and thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code. ( 2 ) The trial of a case under this section sh all, so far as practicable, consistently with the interests of justice, be continued from day to day until its conclusion, unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing. ( 3 ) Every trial under this section sh all be conducted as expeditiously as possible and an endeavour sh all be made to conclude the trial within six months from the date of filing of the complaint. ___________________ 1. Sections 143 to 147 Inserted by Act 55 of 2002, sec. 10 (w .e.f. 6- 2- 2003).

Negotiable Instruments Act, 1881 Chapter XI

Title: Of Acceptance and Payment for Honour and Reference in Case of Need

State: Central

Year: 1881

.....sub scribe the bill with hi s own hand, and". 2 . The words "and such declaration must be recorded by the notary in hi s register" omitted by Act 2 of 1885 , sec. 8 . Section 110 - Acceptance not specifying for whose honour it is made Where the acceptance does not express for whose honour it is made it shall be deemed to be made for the honour of the drawer. Section 111 - Liability of acceptor for honour An acceptor for honour binds himself to all parties subsequent to the party for whose honour he accepts to pay the amount of the bill if the drawee do not; and such party and all prior parties are liable in their respective capacities to compensate the acceptor for honour for all loss or damage sustained by him in consequence of such acceptance. But an acceptor for honour is not liable to the holder of the bill unless it is presented, or (in case the address given by such acceptor on the bill is a place other than the place where the bill is made payable) forwarded for presentment, not later than the day next after the day of its maturity. Section 112 - When acceptor for honour may be charged An acceptor for honour cannot be charged unless the bill has at.....

Negotiable Instruments Act, 1881 Section 115

Title: Drawee in Case of Need

State: Central

Year: 1881

Where a drawee in case of need is named in a bill of exchange, or in any indorsement thereon, the bill is not dishonoured until it has been dishonoured by such drawee.

Negotiable Instruments Act, 1881 Chapter XVII

Title: Of Penalties in Case of Dishonour of Certain Cheques for Insufficiency of Funds in the Accounts

State: Central

Year: 1881

1[CHAPTER XVII OF PENALTIES IN CASE OF DISHONOUR OF CERTAIN CHEQUES FOR INSUFFICIENCY OF FUNDS IN THE ACCOUNTS ____________________ 1 . Inserted b y Act 66 of 1988 , sec. 4 (w .e.f . 1 - 4 - 1989 ). Earlier Chapter XVII relating to "Notaries Public", Inserted b y Act 2 of 1985 , sec. 10 , was replaced by the Notaries Act, 1952 ( 53 of 1952 ), sec. 16 (w .e.f . 14 - 2 - 1956 ).

Obstructions in Fairways Act, 1881 Section 10

Title: Compensation Payable in Certain Cases for Damage Caused Under This Act

State: Central

Year: 1881

Whenever the maintenance or creation of an obstruction in any fairway has become lawful by long usage or otherwise, and such obstruction is removed or destroyed under section 2, or its creation is regulated or prohibited under section 8, any person having a right to maintain or create such obstruction shall be entitled to receive from the { Subs.by the A.O.1937 for " Secretary of State for India in Council".} [Central Government] reasonable compensation for any damage caused to him by such removal, destruction, regulation or prohibition. Every dispute arising concerning the right to such compensation, or the amount thereof, shall be determined according to the law for the time being in force relating to like disputes in the case of land needed for public purposes { See the Land Acquisition Act, 1894 (1 of 1894).} and not otherwise; and for the purposes of such any the fairway from or in which such obstruction was removed or destroyed, or in which its creation was regulated or prohibited, shall be deemed to be a part of the presidency-town or district in which the port to which such fairway leads is situate.

Negotiable Instruments Act, 1881 Complete Act

State: Central

Year: 1881

.....When the holder of an accepted bill of exchange enters into any contract with the acceptor which, under section 134 or 135 of the Indian Contract Act, 1872 (9 of 1872), would discharge the other parties, the holder may expressly reserve his right to charge the other parties, and in such case they are not discharged. SECTION 40: DISCHARGE OF INDORSER'S LIABILITY Where the holder of a negotiable instrument, without the consent of the indorser, destroys or impairs the indorser's remedy against a prior party, the indorser is discharged from liability to the holder to the same extent as if the instrument had been paid at maturity. Illustration A is the holder of a bill of exchange made payable to the order of B, which contains the following indorsements in blank- First indorsement, "B". Second indorsement, "Peter Williams". Third indorsement "Wright & Co." Fourth indorsement "John Rozario". This bill A puts in suit against John Rozario and strikes out, without John Rozario's consent, the indorsements by Peter Williams and Wright & Co. A is not entitled to recover anything from John Rozario. SECTION 41: ACCEPTOR BOUND, ALTHOUGH INDORSEMENT FORGED An acceptor of a bill of.....

Negotiable Instruments Act, 1881 Amending Act 1

Title: Amendment Act

State: Central

Year: 1881

..... P RAEMBLE An Act further to amend the Negotiable Instruments Act, 1881 , the B ankers' B ooks Evidence Act, 1891 and the Information Technology Act, 2000 . BE it enacted by Parliament in the Fifty-third year of the Republic of India as follows:-- CHAPTER I PRELIMINARY 1 . Sh ort title and commencement ( 1 ) This Act may be called the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 . ( 2 ) It sh all come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. CHAPTER II AMENDMENTS TO THE NEGOTIA B LE INSTRUMENTS ACT, 1881 2 . Sub stitution of new section for section 6 For section 6 of the Negotiable Instruments Act, 1881 ( 26 of 1881 ) (h ereinafter in this Chapter referred to as the principal Act), the following section sh all be sub stituted, namely:-- ' 6 . "Cheque".--A "cheque" is a bill of exchange dr awn on a specified banker and not expressed to be payable other wise than on demand and it includes the electronic image of a truncated cheque and a cheque in the electronic form. Explanation I.--For the.....

Negotiable Instruments Act, 1881 Chapter III

Title: Parties to Notes, Bills and Cheques

State: Central

Year: 1881

..... When the holder of an accepted bill of exchange enters into any contract with the acceptor which, under section 134 or 135 of the Indian Contract Act, 1872 (9 of 1872), would discharge the other parties, the holder may expressly reserve his right to charge the other parties, and in such case they are not discharged. Section 40 - Discharge of indorser's liability Where the holder of a negotiable instrument, without the consent of the indorser, destroys or impairs the indorser's remedy against a prior party, the indorser is discharged from liability to the holder to the same extent as if the instrument had been paid at maturity. Illustration A is the holder of a bill of exchange made payable to the order of B, which contains the following indorsements in blank:-- First indorsement, "B". Second indorsement, "Peter Williams". Third indorsement "Wright & Co.". Fourth indorsement, "John Rozario". This bill A puts in suit against John Rozario and strikes out, without John Rozario's consent, the indorsements by Peter Williams and Wright & Co. A is not entitled to recover anything from John Rozario. Section 41 - Acceptor bound, although indorsement.....

Obstructions in Fairways Act, 1881 Complete Act

State: Central

Year: 1881

.....previous to the passing of this Act, such removal, destruction, regulation or prohibition shall be deemed to have been effected under this Act. SECTION 12: SAVING OF OTHER POWERS POSSESSED BY CENTRAL GOVERNMENT Nothing herein contained shall be deemed to prevent the exercise by 20 [the Central Government] of any other powers possessed by it in this behalf. SECTION 13: APPLICATION TO FAIRWAYS IN INLAND WATERWAYS All references in this Act to the Central Government shall, in relation to fairways in inland waterways, be construed as references to the 22 [State Government]]. Footnotes: 2. The words 'and it shall come into force at once' were omitted by the Repealing and Amending Act. 1914(10 of 1914), S. 3 and Schedule II. 3. Substituted for the words 'belonging to Her Majesty or hired by Her Majesty or by the Secretary of State for India in Council', by A.O., 1937 (1-4-1937). 4. Substituted for the word 'Crown' by A.L.O.. 1950. 5. Substituted for the words 'a Part A State and a Part C State, 'by 2 A.L.O., 1956 (1-11-1956). 6. Substituted for the words 'the Local Government of the part of British India in which such port is situate' by A.O., 1937(1-4-1937). 7......

Municipal Taxation Act, 1881 Complete Act

State: Central

Year: 1881

.....and may by a like order rescind any such prohibition.] SECTION 04: CENTRAL GOVERNMENT TO PAY TAXES REFERRED TO IN SECTION 3 So long as any order made under section 3- prohibiting the levy of a tax on any person mentioned in13[* * * * ] that section remains in force, the b[Central Government] shall be liable to pay to the Municipal Committee mentioned in the order the amount which otherwise would have been payable to such Committee by such person: provided that the15[Central Government] shall not be liable to pay any sum in respect of any horse which such person is bound, by the regulations of the service to which he belongs, to keep. SECTION 05: PAYMENTS TO BE MADE IN LIEU OF TAXES REFERRED TO SECTION 3-A So long as any order made under16[Section 3A-] prohibiting the levy of any tax payable by the17[State Government],remains in force, the said17[State Government] shall be liable to pay to the Municipal Committee, lieu of such tax, such sums (if any) as an officer from time to time appointed in this behalf by the17[State Government] may, having regard to all the circumstances of the case, from time to time determine to be fair and reasonable. SECTION 06: DECISION OF.....