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Negotiable Instrument
According to Section 13(i) a negotiable
instrument means a promissory note, bill of
exchange or cheque payable either on order or to
bearer.
An instrument may be negotiable either by
1. Statute : Promissory Notes , bills of exchange
and cheques are negotiable instruments under
Negotiable Instruments Act 1881 .
2. By Usage : Bank Notes , Bank Drafts , scripts,
treasury Bills etc
Transfer by Negotiation
Negotiation is a transfer of an instrument
from one person to another in such a
manner as to express title & to represent
the transferee the holder thereof.
Passing of possession
With intention to pass title
Must be transferred in such a manner that
the transferee becomes holder thereof.
Methods of Negotiation
1.
2.
3.
4.
Negotiation by delivery
Negotiation by endorsement & delivery
Property is transferred to the endorsee
Endorsee get right to negotiate the instrument,
sue on instrument.
Characteristics
It is freely transferable
Better title
Right to sue
A negotiable instrument can be transferred any
number of times till its maturity
A negotiable instrument is subject to certain
presumptions
Presumptions certain presumptions as to
consideration, reasonable time etc., apply to all
negotiable instruments.
Presumptions
1. Consideration : Every negotiable instrument is
deemed to have been drawn and accepted ,
endorsed, negotiated, or transferred for
consideration
2. Date : Every negotiable instrument must bear
the date on which it is made or drawn
3. Acceptance : Every Bill of exchange was
accepted within a reasonable time after the date
mentioned therein and before the date of its
maturity
4. Transfer : Every transfer should be made before
the expiry
Meaning of Endorsement
When a maker or holder writes the persons name
on the face or back of the instrument & puts his
signatures thereto for the purpose of negotiation,
it is called endorsement.
Person who signs endorser
To whom it is endorsed endorsee.
A legal term that refers to the signing of a
documentwhich allows for the legaltransfer of a
negotiablefrom one party to another.
When an employer signs a check, they are
endorsing the transfer of money from the
business accounts to the account of the
employee.
Essentials of valid
endorsement
1.
2.
3.
4.
5.
Kinds of endorsement
1. Blank or general endorsement where endorsee
simply puts his signature on the back of the
instrument without writing name of the person in
whose favor the instrument is endorsed.
2. Special or full endorsement An endorsement
with the direction to pay amount mentioned in
the instrument to a specified person or his order
& the endorser writes his signature under it.
3. Partial endorsement When an endorser is
willing to transfer to an endorsee only a part of
the amount of the instrument. Such an
endorsement does not operate as a negotiation
of the instrument.
Effects of Endorsement
The property in instrument is transferred
from endorser to endorsee.
The endorsee gets right to negotiate the
instrument further.
The endorsee get the right to sue in his
own name to all other parties.
Promissory Notes
Section 4 defines it as, A promissory note is an
instrument in writing containing an unconditional
undertaking, signed by the maker, to pay a
certain sum of money only to or to the order of a
certain person or to the bearer of the instrument.
The person who makes the promissory note is
called the maker.
The person to whom payment is to be made is
called the payee. e.g.
I promise to pay B or order rs. 500
I promise to pay B Rs.500 on D death, provided D
leaves me enough to pay that sum
Bill of Exchange
Section 5, is defined as A bill of exchange is an instrument
in writing containing an unconditional order, signed by the
maker, directing a certain person to pay a certain sum of
money only to or to the order of a certain person or to the
bearer of the instrument.
Parties to bill of exchange :
Drawer The person who makes/orders to pay bill of
exchange.
Drawee The person who is directed to pay on bill. On
acceptance he becomes acceptor.
Payee The person to whom the payment is to be made.
Drawer & Payee can be the same person.
X sells goods worth Rs. 2000 to Y & allow him 3 months time
to pay the price. X then draws a bill on Y Three months
after date, pay to my order the sum of Rs. 2000 for value
received. X is drawer . Y is Drawee.
Cheques
Section 6, defines it as A cheque is a bill of
exchange drawn on a specified banker & not
expressed to be payable otherwise than on
demand.
It is always drawn on a bank
It is payable to bearer on demand
Parties To Cheque:
1. Drawer who makes the cheque
2. Payee to whom payment is to be made
3. Drawee Bank .
Types of cheque
There are two types of cheque:
1. Open cheque those which can be en cashed
across the counter of the bank. Liable to great
risk if stolen or lost. Finder can get payment from
bank.
2. Crossed cheque which bears two transverse
lines with or without the words & co.
Specimen of Special or
Restrictive Crossing
1. It contains a promise to
pay.
Promissory
Note
2. It is presented for
payment without any
previous acceptance by
the maker.
3. It cannot be made
payable to the maker
himself. The maker and
the payee cannot be the
same person.
4. In the case of a
promissory note there
are only two parties, the
maker and the payee.
5. A promissory note can
never be conditional.
6. In case of dishonour no
notice of dishonour is
required to be given by
1.Bill
It contains
an order to pay.
of Exchange
2. It is required to be accepted
either by the drawee or by
some one else on his
behalf, before it can be
presented for payment.
3. The drawer and payee or
the drawee and the payee
may be the same person.
4. There are three parties,
drawer, drawee and payee.
5. A bill of exchange cannot
be drawn conditionally, but
it can be accepted
conditionally with the
consent of the holder.
6. A notice of dishonour must
be given in case of
dishonour of a Bills of
Exchange.
Bill of exchange