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Negotiable Instruments Act, 1881 Chapter X

Title: Of Reasonable Time

State: Central

Year: 1881

In determining what is a reasonable time for presentment for acceptance or payment, for giving notice of dishonour and for noting, regard shall be had to the nature of the instrument and the usual course of dealing with respect to similar instruments; and, in calculating such time, public holidays shall be excluded. Section 106 - Reasonable time of giving notice of dishonour If the holder and the party to whom notice of dishonour is given carry on business or live (as the case may be) in different places, such notice is given within a reasonable time if it is despatched by the next post or on the day next after the day of dishonour. If the said parties carry on business or live in the same place, such notice is given within a reasonable time if it is despatched in time to reach its destination on the day next after the day of dishonour. Section 107 - Reasonable time for transmitting such notice A party receiving notice of dishonour, who seeks to enforce his right against a prior party, transmits the notice within a reasonable time if he transmits it within the same time after its receipt as he would have had to give notice if he had been the holder.

Negotiable Instruments Act, 1881 Section 106

Title: Reasonable Time of Giving Notice of Dishonour

State: Central

Year: 1881

If the holder and the party to whom notice of dishonour is given carry on business or live (as the case may be) in different places, such notice is given within a reasonable time if it is despatched by the next post or on the day next after the day of dishonour. If the said parties carry on business or live in the same place, such notice is given within a reasonable time if it is despatched in time to reach its destination on the day next after the day of dishonour.

Negotiable Instruments Act, 1881 Section 105

Title: Reasonable Time

State: Central

Year: 1881

In determining what is a reasonable time for presentment for acceptance or payment, for giving notice of dishonour and for noting, regard shall be had to the nature of the instrument and the usual course of dealing with respect to similar instruments; and, in calculating such time, public holidays shall be excluded.

Negotiable Instruments Act, 1881 Section 107

Title: Reasonable Time for Transmitting Such Notice

State: Central

Year: 1881

A party receiving notice of dishonour, who seeks to enforce his right against a prior party, transmits the notice within a reasonable time if he transmits it within the same time after its receipt as he would have had to give notice if he had been the holder.

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.....

Calcutta Burial Boards Act, 1881 Complete Act

State: West Bengal

Year: 1881

..... This Act may be called the Calcutta Burial 11. Word subs, for the word "Board's" by Ben. Act 1G of 1946. [Boards] Act, 1881. (Commencement) Rep. by Act 1 of 1903. Section 2 State Government may appoint a Burial Board The 22. Words subs, by the Government of India [Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950. [State Government] of 2a2a. Words subs, for the word "Bengal" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [West Bengal] may, by a notification published in the 33. Words subs, for the words "Calcutta Gazette" by the Government of India (Adaptation of Indian Laws) Order, 1937. [Official Gazette], appoint a Burial Board for the Town and Suburbs of Calcutta. Section 3 Constitution of Board The Board shall be constituted as follows: 44. Words subs, for the words "Chairman of the Calcutta Corporation" by Ben. Act 1 of 1939. [the Executive Officer of the Corporation of Calcutta] the Health Officer of Calcutta an Officer of the Public Works Department, to be appointed by the 22. Words subs, by the Government of India [Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950. [State.....

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.....

Negotiable Instruments Act, 1881 Chapter VII

Title: Of Discharge from Liability on Notes, Bills and Cheques

State: Central

Year: 1881

..... ( 2 ) In determining what is a reasonable time, regard sh all be had to the nature of the instrument, the usage of trade and of bankers, and the facts of the particular case. ( 3 ) The holder of the cheque as to which such dr awer or person is so discharged sh all be a creditor, in lieu of such dr awer or person, of such banker to the extent of such discharge and entitled to recover the amount from hi m. Illustrations (a) A draws a cheque for Rs. 1, 000, and, when the cheque ought to be presented, has funds at the bank to meet it. The bank fails before the cheque is presented. The drawer is discharged, but the holder can prove against the bank for the amount of the cheque. (b) A draws a cheque at Ambala on a bank in Calcutta. The bank fails before the cheque could be presented in ordinary course. A is not discharged, for he has not suffered actual damage through any delay in presenting the cheque.] _____________________ 1. Substituted by Act 6 of 1897, sec. 3, for section 84. Section 85 - Cheque payable to order 1 [(1)]Where a cheque payableto order purports to be indorsed by or on behalf of the payee, thedrawee isdischarged by payment in due course. 2.....

Negotiable Instruments Act, 1881 Chapter IX

Title: Of Noting and Protest

State: Central

Year: 1881

.....a reasonable time, cause a notary public to demand better security of the acceptor, and on its being refused may, with a reasonable time, cause such facts to be noted and certified as aforesaid. Such certificate is called a protest for better security. Section 101 - Contents of protest A protest under section 100 must contain-- (a) either the instrument itself, or a literal transcript of the instrument and of everything written or printed thereupon; (b) the name of the person for whom and against whom the instrument has been protested; (c) a statement that payment or acceptance, or better security, as the case may be, has been demanded of such person by the notary public; the terms of hi s answer, if any, or a statement that he gave no answer, or that he could not be found; (d) when the note or bill has been dishonoured, the place and time of dishonour, and, when better security has been refused, the place and time of refusal; (e) the sub scription of the notary public making the protest; (f) in the event of an acceptance for honour or of a payment for honour, the name of the person by whom, of the person for whom, and the manner in which, such acceptance or.....

Negotiable Instruments Act, 1881 Chapter V

Title: Of Presentment

State: Central

Year: 1881

.....so demanded bythe drawee bank shall be retained by it, ifthe payment is made accordingly.] ____________________ 1. Section 64 renumbered assub-section (1) thereof by Act 55 of 2002, sec. 3 (w.e.f. 6-2-2003). 2. Insertedby Act 2 of 1885, sec. 4. 3. Insertedby Act 55 of 2002, sec, 3 (w.e.f. 6-2-2003). Section 65 - Hours for presentment Presentment for payment must be made during the usual hours of business and, if at a banker's, within banking hours. Section 66 - Presentment for payment of instrument payable after date or sight A promissory note or bill of exchange, made payable at a specified period after date or sight thereof, must be presented for payment at maturity. Section 67 - Presentment for payment of promissory note payable by instalments A promissory note payable by instalments must be presented for payment on the third day after the date fixed for payment of each instalment; and nonpayment on such presentment has the same effect as non-payment of a note at maturity. Section 68 - Presentment for payment of instrument payable at specified place and not elsewhere A promissory note, bill of exchange or cheque made, drawn or accepted payable at.....