Bare Act Search Results

Negotiable Instruments Act, 1881 Section 6

Title: "cheque"

State: Central

Year: 1881

.....with the use of digital signature (with or without biometrics signature) and asymmetric crypto system; (b) "a truncated cheque' me ans a cheque which is truncated during the course of a clearing cycle, either by the clearing house or by the bank whether paying or receiving payment, immediately on generation of an electronic image for transmission, sub stituting the further physical movement of the cheque in writing. Explanation II.-- For the purposes of this section, the expression "clearing house" me ans the clearing house managed by the Reserve B ank of India or a clearing house recognised as such by the Reserve B ank of India.] _____________________ 1 . Substituted b y Act 55 of 2002 , sec. 2 , for "A "cheque" is a bill of exchange dr awn on a specified banker and not expressed to be payable other wise than on demand" (w .e.f . 6 - 2 - 2003 ).

Negotiable Instruments Act, 1881 Chapter VI

Title: Of Payment and Interest

State: Central

Year: 1881

.....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).

Obstructions in Fairways Act, 1881 Section 6

Title: Proceeds How Applied

State: Central

Year: 1881

On realising the proceeds of such sale, the amount due for expenses and charges as aforesaid, together with the expenses of the sale, shall be deducted there from, and the surplus (if any) shall be paid to the owner of the thing sold, or, if or such person appear and claim such surplus.shall be held in deposit for payment, without interest to any person thereafter establishing his right to the same: Provided that he makes the claim within one year from the date of the sale.

Municipal Taxation Act, 1881 Section 6

Title: Decision of Question Arising Under This Act

State: Central

Year: 1881

If any question arises whether any duty is military, {Ins. by Act 35 of 1934, s.2 and Sch.} [naval] {Ins.by Act 10 of 1927, s.2 and Sch.I.} [or air-force] duty within the meaning of this Act, the decision of the Central Government thereon shall be conclusive. If any question arises whether any person is compelled as aforesaid to reside within the limits of a municipality or is bound as aforesaid to keep any horse, the decision thereon of such authority as the Central Government may, from time to time, appoint in this behalf shall be conclusive.

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.....

Negotiable Instruments Act, 1881 Section 64

Title: Presentment for Payment

State: Central

Year: 1881

.....entitled to demand any further information regarding the truncated chequefrom, the bank holding the truncated cheque in case of any reasonable suspicionabout the genuineness of the apparent tenor of instrument, and if the suspicionis that of any fraud, forgery, tampering er destruction of the instrument, itis entitled to further demand the presentment of the truncated cheque itselffor verification: Provided that the truncated cheque 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).

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 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).

Negotiable Instruments Act, 1881 Section 89

Title: Payment of Instrument on Which Alteration is Not Apparent

State: Central

Year: 1881

.....of such electronic image and the truncated cheque sh all be a material alteration and it sh all be the duty of the bank or the clearing house, as the case may be, to ensure the exactness of the apparent tenor of electronic image of the truncated cheque while truncating and transmitting the image. ( 3 ) Any bank or a clearing house which receives a transmitted electronic image of a truncated cheque, sh all verify from the party who transmitted the image to it, that the image so transmitted to it and received by it, is exactly the same.] _____________________ 1. Section 89 renumbered as sub-section ( 1) thereof by Act 55 of 2002, sec. 5 (w .e.f. 6- 2- 2003). 2. Inserted by Act 55 of 2002, sec. 5 (w .e.f. 6- 2- 2003).

Negotiable Instruments Act, 1881 Chapter XVI

State: Central

Year: 1881

.....made thereon 3 [within India]. ___________________ 1. The words "out of British India" weresuccessively amended by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch.to read asabove. 2. The words "law of British India" weresuccessively amended by A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch.to read asabove. 3. The words "in British India"weresuccessively amended, by A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch.to read asabove. Section 137 - Presumption as to foreign law The law of any foreign country 1 [* * *] regardingpromissory notes, bills of exchange and cheques shall be presumed to be thesame as that of 2 [India], unless and until the contrary is proved. ___________________ 1. The words "or theState of Jammu and Kashmir" omitted by Act 62 of 1956, sec.2 and Sch. 2. Substituted by Act3 of 1951, sec. 3 and Sch., for "the States".