Chapter 7 of 7 - Business Laws

The Negotiable Instruments Act, 1881

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May 20264(b)7 marksNew Scheme

(b)Referring to the applicable provisions of the Negotiable Instruments Act, 1881, answer the following questions.

(i)Negotiable instruments may be negotiated either by delivery or by indorsement and delivery.

State the situations when negotiable instrument is negotiated by the following modes: -

(A)By delivery only

(B)By delivery & indorsement

(ii)Delivery is important in both cases, i.e. either by delivery only or by delivery & indorsement.

(A)Explain why delivery is essential for negotiation?

(B)Whether there is any circumstance where, instruments cannot be negotiated even by delivery thereof? (7 Marks)

May 20266(a)7 marksNew Scheme

(a)Examine the validity of the following instruments under the Negotiable Instruments Act, 1881, by providing justification in support of your conclusions (treating the three situations independent of each other)

(i)A promissory note for ₹ 25,000 executed by Alok, containing an undertaking to pay the unidentified person who brings his lost dog. Anand thereafter found and brought the dog and claimed the reward.

(ii)A signed bearer cheque was delivered by Alok as a reward to Anand for the already completed service of finding the lost dog.

(iii)Alok made a self-drawn and self-accepted bill of exchange and delivered it to Anand (as a reward) after the dog was found. (7 Marks)

January 20264(b)7 marksNew Scheme

(b)What is promissory note? "What are the essential elements that must be present for a document to be considered a valid promissory note?" Define according to provisions of the Negotiable Instrument Act, 1881. (7 Marks)

September 20256(a)7 marksNew Scheme

(a)(i) Mr. K draws a bill of exchange payable 60 days after sight to Mr. J. Mr. J holds the bill for 30 days before presenting it to Mr. N, the drawee, for acceptance. Mr. N accepts the bill upon presentation. Decide as per the provisions of the Negotiable Instruments Act, 1881, when does the maturity period of the bill commence? (3 Marks)

(ii)A promissory note is made payable at a specific place on a fixed date. The holder, Mr. Mohan presents the note for payment two days after the due date because of unforeseen circumstances.

Decide each of the following as per the provisions of the Negotiable Instruments Act, 1881:

(A)Does the delay in presentation affect Mr. Mohan's right to recover the amount? (2 Marks)

(B)Under what circumstances can a delay in presentation be excused according to the Act. (2 Marks)

May 20254(b)7 marksNew Scheme

(b)(i) "Delivery of an instrument is essential whether instrument is payable to bearer or order for effecting the negotiation." Discuss this statement with reference to provisions of the Negotiable Instruments Act, 1881. (3 Marks)

(ii)Differentiate between a promissory note and bill of exchange.

(4 Marks)

January 20256(a)7 marksNew Scheme

(a)(i) Anjali purchased various cosmetic products worth ₹ 15,000 during the last week from Sushil, a shopkeeper, on credit of one month. After a fortnight, she makes out a blank promissory note, signed it and delivered to Sushil who further endorsed it to Manish for the payment of his dues. Manish, who is holder in due course, filled up the due amount of ₹ 17,000 from Sushil and on maturity presented it to Anjali for payment but she refused to pay because the amount filled up is more than the agreed amount of ₹ 15,000. It is to be noted that the amount of ₹ 17,000 is covered by the stamp affixed on it. Referring to the provisions of the Negotiable Instruments Act, 1881 decide, whether Anjali is liable to honour the promissory note to Manish for ₹ 17,000? (4 Marks)

(ii)Priya, a small business owner, receives a bill of exchange from her customer, Sanjay, which is due for payment on October 15th . On October 12th , Priya presents the bill of exchange for payment at Sanjay's office during regular business hours, but Sanjay is not present. Priya leaves the bill with Sanjay's assistant, requesting to be presented to Sanjay for payment when he returns. However, Sanjay's assistant forgot to give the bill, and Sanjay does not make the payment by the due date, and the bill is dishonoured. Based on the provisions of the Negotiable Instruments Act, 1881, examine whether Priya's presentation of the bill of exchange to Sanjay's assistant is valid under law. (3 Marks)

SUGGESTED ANSWER

September 20246(a)7 marksNew Scheme

(a)Referring to the provisions of the Negotiable Instruments Act, 1881, answer the following in the given scenario:

(i)Aman drew the bill of exchange (the bill) on Baban, who accepted it, payable to Magan or order. Magan indorsed the bill to Gagan. Gagan indorsed the bill to Akash to be delivered to him on the next day. However, on the death of Gagan on the same day, his only son Ankit delivered the bill to Akash on the next day as intended by his deceased father. On presenting the bill on the due date, Baban refused to pay. Explaining the importance of delivery in negotiation, decide, whether Akash can enforce the payment of the bill against Baban or the previous parties. (4 Marks)

(ii)Reliable Limited, an Indian company, is a global leader in Petrochemical products. For payment of the sale price of machinery imported from Alex Manufacturing Limited, a USA based company (the exporter), the Indian company drew a bill of exchange on Manish, a resident of Mumbai (India) who accepted the bill at Mumbai payable to the exporter in Los Angeles, USA. Decide, whether the bill of exchange is an inland instrument or a foreign instrument. Assume that the bill of exchange was signed by the authorised person for the drawer company.

(3 Marks) SUGGESTED ANSWER

June 20244(b)7 marksNew Scheme

(b)A promissory note, payable at a certain period after sight, must be presented to the maker thereof for payment. Under which scenarios presentment for payment is not necessary and the instrument is dishonoured at the due date for presentment according to the provisions of the Negotiable Instrument Act. 1881? (7 Marks)

September 20254(b)7 marksNew Scheme

(b)"Negotiable Instruments is an instrument which is freely transferable from one person to another by mere delivery or by endorsement and delivery." Classify the different types of Negotiable instruments according to manner in which it is made as per the provisions of the Negotiable Instrument Act,

1881. (7 Marks)

January 20266(a)7 marksNew Scheme

(a)Alok bought some goods from Manish on credit. Later, he issued a cheque for the dues from his bank account and asked Manish to encash the cheque within two days. On the day Alok issued the cheque, there was a sufficient balance to pay Manish's dues. Manish presented the cheque after one month, which was returned due to insufficient funds. Manish made a demand for the payment, but Alok failed to pay. Manish send him notice to pay the outstanding debts. Alok ignored the notice. Manish filed a case for dishonour of the cheque. Alok defended himself on the grounds that Manish failed to encash the cheque within two days as specified by him and that he had no reason to believe at the time of issuance of the cheque that it might be dishonoured. Analyse -

(i)Whether Alok's defences are valid under the provisions of the Negotiable Instruments Act, 1881.

(ii)Whether Manish can file a suit against Alok for dishonour of cheque and within how many days he can file the complaint after dishonour under the provisions of the Negotiable Instruments Act, 1881? (7 Marks)

May 20256(a)7 marksNew Scheme

(a)Ram purchased a second-hand car from his friend Rohan for ₹ 5 lakhs on 10th November, 2022. He paid ₹ 4 lakh immediately and promised to pay ₹ 1 lakh within a year. But, he could not pay the remaining amount till December-2023. On 5th January, 2024 Ram received an invitation for Rohan's wedding which he could not attend but sent a cheque of ₹ 51,000 as gift by post.

SUGGESTED ANSWER

When Rohan deposited the cheque, it was returned unpaid due to insufficient balance in the account of Ram. Rohan considered it as an offence under Section 138 of the Negotiable Instruments Act, 1881.

Advise

(i)Whether Ram would be held liable for dishonour of cheque?

(ii)Whether Rohan was justified in considering this as an offence under Section 138 of the Negotiable Instruments Act, 1881. (7 Marks)

January 20254(b)7 marksNew Scheme

(b)What are the rules governing the compensation payable in the event of dishonour of a negotiable instrument under the provisions of the Negotiable Instruments Act, 1881? (7 Marks)

SUGGESTED ANSWER

September 20244(b)7 marksNew Scheme

(b)(i) With reference to provisions of the Negotiable Instruments Act, 1881, tell the instances where a person shall be deemed to have committed an offence for dishonour of cheque and what are the conditions to be complied with for not constituting such an offence? (4 Marks)

(ii)(A) All cheques are bills while all bills are not cheques. Explain the additional features of a cheque which differentiate a cheque from bill as per the Negotiable Instruments Act, 1881.

(B)Ambiguous instrument (3 Marks)

June 20246(a)7 marksNew Scheme

(a)Mr. Y issued a cheque for ₹ 10,000 to Mr. Z which was dishonoured by the Bank because Y did not have enough funds in his account and has no authority to overdraw. Examine as per the provisions of the Negotiable Instruments Act, 1881 whether-

(i)Mr. Y is liable for dishonour of cheque, if yes, what are the consequences for such an offence?

(ii)What would be your answer if Y issued a cheque as a donation to Mr. Z? (7 Marks)

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