Negotiable Instruments Act, 1881 Flashcards
1
Q
1
A
Short title
2
Q
Saving of usages relating to hundis, etc
A
,
3
Q
2
A
[Repealed
4
Q
3
A
Interpretation-clause
5
Q
4
A
“Promissory note”
6
Q
5
A
“Bill of exchange”
7
Q
6
A
“Cheque”
8
Q
7
A
“Drawer”, “Drawee”
9
Q
8
A
“Holder”
10
Q
9
A
“Holder in due course”
11
Q
10
A
“Payment in due course”
12
Q
11
A
Inland instrument
13
Q
12
A
Foreign instrument
14
Q
13
A
“Negotiable instrument”
15
Q
14
A
Negotiation
16
Q
15
A
Indorsement
17
Q
16
A
Indorsement “in blank” and “in full”
18
Q
17
A
Ambiguous instruments
19
Q
18
A
Where amount is stated differently in figures and words
20
Q
19
A
Instruments payable on demand
21
Q
20
A
Inchoate stamped instruments
22
Q
21
A
“At sight” —“On presentment”
23
Q
22
A
“Maturity”
24
Q
23
A
Calculating maturity of bill or note payable so many months after date or sight
25
24
Calculating maturity of bill or note payable so many days after date or sight
26
25
When day of maturity is a holiday
27
26
Capacity to make, etc
28
27
Agency
29
28
Liability of agent signing
30
29
Liability of legal representative signing
31
30
Liability of drawer
32
31
Liability of drawee of cheque
33
32
Liability of maker of note and acceptor of bill
34
33
Only drawee can be acceptor except in need or for honour
35
34
Acceptance by several drawees not partners
36
35
Liability of indorser
37
36
Liability of prior parties to holder in due course
38
37
Maker, drawer and acceptor principals
39
38
Prior party a principal in respect of each subsequent party
40
39
Surety ship
41
40
Discharge of indorser’s liability
42
41
Acceptor bound, although indorsement forged
43
42
Acceptance of bill drawn in fictitious name
44
43
Negotiable instrument made, etc
45
44
Partial absence or failure of money-consideration
46
45
Partial failure of consideration not consisting of money
47
45A
Holder’s right to duplicate of lost bill
48
46
Delivery
49
47
Negotiation by delivery
50
48
Negotiation by indorsement
51
49
Conversion of indorsement in blank into indorsement in full
52
50
Effect of indorsement
53
51
Who may negotiate
54
52
Indorser who excludes his own liability or makes it conditional
55
53
Holder deriving title from holder in due course
56
54
Instrument indorsed in blank
57
55
Conversion of indorsement in blank into indorsement in full
58
56
Indorsement for part of sum due
59
57
Legal representative cannot by delivery only negotiate instrument indorsed by deceased
60
58
Instrument obtained by unlawful means or for unlawful consideration
61
59
Instrument acquired after dishonour or when overdue
62
60
Instrument negotiable till payment or satisfaction
63
61
Presentment for acceptance
64
62
Presentment of promissory note for sight
65
63
Drawee’s time for deliberation
66
64
Presentment for payment
67
65
Hours for presentment
68
66
Presentment for payment of instrument payable after date or sight
69
67
Presentment for payment of promissory note payable by instalments
70
68
Presentment for payment of instrument payable at specified place and not elsewhere
71
69
Instrument payable at specified place
72
70
Presentment where no exclusive place specified
73
71
Presentment when maker, etc, has no known place of business or residence
74
72
Presentment of cheque to charge drawer
75
73
Presentment of cheque to charge any other person
76
74
Presentment of instrument payable on demand
77
75
Presentment by or to agent, representative of deceased, or assignee of insolvent
78
75A
Excuse for delay in presentment for acceptance or payment
79
76
When presentment unnecessary
80
77
Liability of banker for negligently dealing with bill presented for payment
81
78
To whom payment should be made
82
79
Interest when rate specified
83
80
Interest when no rate specified
84
81
Delivery of instrument on payment or indemnity in case of loss
85
82
Discharge from liability
86
83
Discharge by allowing drawee more than forty-eight hours to accept
87
84
When cheque not duly presented and drawer damaged thereby
88
85
Cheque payable to order
89
85A
Drafts drawn by one branch of a bank on another payable to order
90
86
Parties not consenting discharged by qualified or limited acceptance
91
87
Effect of material alteration
92
88
Acceptor or indorser bound notwithstanding previous alteration
93
89
Payment of instrument on which alteration is not apparent
94
90
Extinguishment of rights of action on bill in acceptors’ hands
95
91
Dishonour by non-acceptance
96
92
Dishonour by non-payment
97
93
By and to whom notice should be given
98
94
Mode in which notice may be given
99
95
Party receiving must transmit notice of dishonour
100
96
Agent for presentment
101
97
When party to whom notice given is dead
102
98
When notice of dishonour is unnecessary
103
99
Noting
104
100
Protest
105
101
Contents of protest
106
102
Notice of protest
107
103
Protest for non-payment after dishonour by non-acceptance
108
104
Protest of foreign bills
109
104A
When noting equivalent to protest
110
105
Reasonable time
111
106
Reasonable time of giving notice of dishonour
112
107
Reasonable time for transmitting such notice
113
108
Acceptance for honour
114
109
How acceptance for honour must be made
115
110
Acceptance not specifying for whose honour it is made
116
111
Liability of acceptor for honour
117
112
When acceptor for honour may be charged
118
113
Payment for honour
119
114
Right of payer for honour
120
115
Drawee in case of need
121
116
Acceptance and payment without protest
122
117
Rules as to compensation
123
118
Presumptions as to negotiable instruments
124
119
Presumption on proof of protest
125
120
Estoppel against denying original validity of instrument
126
121
Estoppel against denying capacity of payee to indorse
127
122
Estoppel against denying signature or capacity of prior party
128
123
Cheque crossed generally
129
124
Cheque crossed specially
130
125
Crossing after issue
131
126
Payment of cheque crossed generally
132
127
Payment of cheque crossed specially more than once
133
128
Payment in due course of crossed cheque
134
129
Payment of crossed cheque out of due course
135
130
Cheque bearing “not negotiable”
136
131
Non-liability of banker receiving payment of cheque
137
131A
Application of Chapter to drafts
138
132
Set of bills
139
133
Holder of first acquired part entitled to
140
134
Law governing liability of maker, acceptor or indorser of foreign instrument
141
135
Law of place of payment governs dishonour
142
136
Instrument made, etc, out of India, but in accordance with the law of India
143
137
Presumption as to foreign law
144
138
Dishonour of cheque for insufficiency, etc , of funds in the account
145
139
Presumption in favour of holder
146
140
Defence which may not be allowed in any prosecution under section
147
141
Offences by companies
148
142
Cognizance of offences
149
142A
Validation for transfer of pending cases
150
143
Power of Court to try cases summarily
151
143A
Power to direct interim compensation
152
144
Mode of service of summons
153
145
Evidence on affidavit
154
146
Bank’s slip prima facie evidence of certain facts
155
147
Offences to be compoundable
156
148
Power of Appellate Court to order payment pending appeal against conviction
