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Home Bare Acts Phrase: instrumentsNegotiable Instruments Act, 1881 Complete Act
Title: Negotiable Instruments Act, 1881
State: Central
Year: 1881
.....for unlawful consideration Section59 - Instrument acquired after dishonour or when overdue Section60 - Instrument negotiable till payment or satisfaction Chapter V Section61 - Presentment for acceptance Section62 - Presentment of promissory note for sight Section63 - Drawee's time for deliberation Section64 - Presentment for payment Section65 - Hours for presentment Section66 - Presentment for payment of instrument payable after date or sight Section67 - Presentment for payment of promissory note payable by instalments Section68 - Presentment for payment of instrument payable at specified place and not elsewhere Section69 - Instrument payable at specified place Section70 - Presentment where no exclusive place specified Section71 - Presentment when maker, etc., has no known place of business or residence Section72 - Presentment of cheque to charge drawer Section73 - Presentment of cheque to charge any other person Section74 - Presentment of instrument payable on demand Section75 - Presentment by or to agent, representative of deceased, or assignee of insolvent Section75A - Excuse for delay in presentment for acceptance or payment Section76 - When presentment.....
List Judgments citing this sectionNegotiable Instruments Act, 1881 Section 118
Title: Presumptions as to Negotiable Instruments
State: Central
Year: 1881
.....bearing a date was made or drawn on such date; (c) as to time of acceptance--that every accepted bill of exchange was accepted within a reasonable time after its date and before its maturity; (d) as to time of transfer--that every transfer of a negotiable instrument was made before its maturity; (e) as to order of indorsements--that the indorsements appearing upon a negotiable instrument were made in the order in which they appear thereon; (f) as to stamps--that a lost promissory note, bill of exchange or cheque was duly stamped; (g) that holder is a holder in due course--that the holder of a negotiable instrument is a holder in due course: provided that, where the instrument has been obtained from its lawful owner, or from any person in lawful custody thereof, by means of an offence or fraud, or has been obtained from the maker or acceptor thereof by means of an offence or fraud, or for unlawful consideration, the burden of proving that the holder is a holder in due course lies upon him.
View Complete Act List Judgments citing this sectionNegotiable Instruments Act, 1881 Section 43
Title: Negotiable Instrument Made, Etc., Without Consideration
State: Central
Year: 1881
A negotiable instrument made, drawn, accepted, indorsed, or transferred without consideration, or for a consideration which fails, creates no obligation of payment between the parties to the transaction. But if any such party has transferred the instrument with or without indorsement to a holder for consideration, such holder, and every subsequent holder deriving title from him, may recover the amount due on such instrument from the transferor for consideration or any prior party thereto. Exception I.--No party for whose accommodation a negotiable instrument has been made, drawn, accepted or indorsed can, if he has paid the amount thereof, recover -thereon such amount from any person who became a party to such instrument for his accommodation. Exception II.--No party to the instrument who has induced any other party to make, draw, accept, indorse or transfer the same to him for a consideration which he has failed to pay or perform in full shall recover therein an amount exceeding the value of the consideration (if any) which he has actually paid or performed.
View Complete Act List Judgments citing this sectionNegotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 Chapter II
Title: Amendments to the Negotiable Instruments Act, 1881
State: Central
Year: 2002
.....Procedure, 1973 (2 of 1974), the evidence of the complainant may be given by him on affidavit and may, subject to all just exceptions be read in evidence in any enquiry, trial or other proceeding under the said Code. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any person giving evidence on affidavit as to the facts contained therein. 146. Bank's slip prima facie evidence for certain facts.-- The Court shall, in respect of every proceeding under this Chapter, on production of bank's slip or memo having thereon the official mark denoting that the cheque has been dishonoured, presume the fact of dishonour of such cheque, unless and until such fact is disproved. 147. Offences to be compoundable.-- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable.".
View Complete Act List Judgments citing this sectionNegotiable Instruments Act, 1881 Section 12
Title: "foreign Instrument."
State: Central
Year: 1881
Any such instrument not so drawn, made or made payable shall be deemed to be a foreign instrument.
View Complete Act List Judgments citing this sectionNegotiable Instruments Act, 1881 Section 17
Title: Ambiguous Instruments
State: Central
Year: 1881
Where an instrument may be construed either as a promissory note or bill of exchange, the holder may at his election treat it as either and the instrument shall be thence forward treated accordingly.
View Complete Act List Judgments citing this sectionNegotiable Instruments Act, 1881 Section 58
Title: Instrument Obtained by Unlawful Means or for Unlawful Consideration
State: Central
Year: 1881
When a negotiable instrument has been lost, or has been obtained from any maker, acceptor or holder thereof by means of an offence or fraud, or for an unlawful consideration, no possessor or indorsee who claims through the person who found or so obtained the instrument is entitled to receive the amount due thereon from such maker, acceptor or holder, or from any party prior to such holder, unless such possessor or indorsee is, or some person through whom he claims was, a holder thereof in due course.
View Complete Act List Judgments citing this sectionNegotiable Instruments Act, 1881 Section 81
Title: Delivery of Instrument on Payment or Indemnity in Case of Loss
State: Central
Year: 1881
1[( 1 )] Any person liable to pay, and called upon by the holder thereof to pay, the amount due on a promissory note, bill of exchange or cheque is before payment entitled to have it sh own, and is on payment entitled to have it delivered up, to hi m, or if the instrument is lost or cannot be produced, to be indemnified against any further claim thereon against hi m. 2[( 2 ) Where the cheque is an electronic image of a truncated cheque, even after the payment the banker who received the payment sh all be entitled to retain the truncated cheque. ( 3 ) A certificate issued on the foot of the printout of the electronic image of a truncated cheque by the banker who paid the instrument, sh all be prima facie proof of such payment.] _____________________ 1. Section 81 renumbered as sub-section ( 1) thereof by Act 55 of 2002, sec. 4 (w .e.f. 6- 2- 2003). 2. Inserted by Act 55 of 2002, sec. 4 (w .e.f. 6- 2- 2003).
View Complete Act List Judgments citing this sectionNegotiable Instruments Act, 1881 Section 134
Title: Law Governing Liability of Maker, Acceptor or Indorser of Foreign Instrument
State: Central
Year: 1881
In the absence of a contract to the contrary, the liability of the maker of dr awer of a foreign promissory note, bill of exchange or cheque is regulated in all essential matters by the law of the place where he made the instrument, and the respective liabilities of the acceptor and indorser by the law of the place where the instrument is made payable. Illustration A bill of exchange was drawn by A in California where the rate of interest is 25 per cent, and accepted by B, payable in Washington where the rate of interest is 6 per cent. The bill is indorsed in '[India], and is dishonoured. An action on the bill is brought against B in1[India]. He is liable to pay interest at the rate of 6 per cent, only; but if A is charged as drawer, A is liable to pay interest at the rate of 25 per cent. ___________________ 1. Substituted by Act 3 of 1951, sec. 3 and Sch., for "the States".
View Complete Act List Judgments citing this sectionNegotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 Preamble 1
Title: Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002
State: Central
Year: 2002
THE NEGOTIABLE INSTRUMENTS (AMENDMENT AND MISCELLANEOUS PROVISIONS) ACT, 2002 [Act, No. 55 of 2002] PREAMBLE An Act further to amend the Negotiable Instruments Act, 1881, the Bankers' Books 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:--
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