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Manav owes money to Umang. Therefore, he makes a promissory note for the amount in favor of Umang. For safety of transmission, he cuts the note in half and posts one half to Umang. He then changes his mind and calls upon Umang to return the half of the note which he had sent. Umang requires Manav to send the other half of the promissory note. Decide how rights of the parties are to be adjusted. Give your answer in reference to the provision of Negotiable Instrument Act 1881. Please write answer as according to the ICAI ca foundation material?
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Manav owes money to Umang. Therefore, he makes a promissory note for t...
Introduction
In the given scenario, Manav creates a promissory note in favor of Umang and subsequently sends one half of the note. The situation raises questions regarding the rights of the parties under the Negotiable Instruments Act, 1881.
Legal Provisions
According to Section 1 of the Negotiable Instruments Act, a promissory note is an instrument in writing, containing an unconditional undertaking, signed by the maker, to pay a certain sum of money to a specified person.
Divided Promissory Note
- A promissory note can be divided into parts, but it is essential that each part should represent the same obligation.
- In this case, since Manav has cut the note in half, both halves are incomplete instruments and do not independently represent the obligation to pay.
Rights of Umang
- Umang is entitled to the full amount stated in the promissory note. However, since he only possesses half of the note, he cannot enforce it unless he receives the other half.
- Umang cannot claim the payment based solely on the half he possesses, as it does not constitute a complete negotiable instrument.
Rights of Manav
- Manav retains the right to revoke the agreement since he has not sent both halves of the note.
- He may call for the return of the half already sent, as it is not legally binding on him without the other half.
Conclusion
In conclusion, both parties are in a state of negotiation regarding the rights and obligations arising from the divided promissory note. Umang requires the other half to enforce the note, while Manav can request the return of the half already sent. The situation underscores the importance of maintaining the integrity of negotiable instruments as stipulated by the Negotiable Instruments Act, 1881.
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Manav owes money to Umang. Therefore, he makes a promissory note for the amount in favor of Umang. For safety of transmission, he cuts the note in half and posts one half to Umang. He then changes his mind and calls upon Umang to return the half of the note which he had sent. Umang requires Manav to send the other half of the promissory note. Decide how rights of the parties are to be adjusted. Give your answer in reference to the provision of Negotiable Instrument Act 1881. Please write answer as according to the ICAI ca foundation material?
Question Description
Manav owes money to Umang. Therefore, he makes a promissory note for the amount in favor of Umang. For safety of transmission, he cuts the note in half and posts one half to Umang. He then changes his mind and calls upon Umang to return the half of the note which he had sent. Umang requires Manav to send the other half of the promissory note. Decide how rights of the parties are to be adjusted. Give your answer in reference to the provision of Negotiable Instrument Act 1881. Please write answer as according to the ICAI ca foundation material? for CA Foundation 2024 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about Manav owes money to Umang. Therefore, he makes a promissory note for the amount in favor of Umang. For safety of transmission, he cuts the note in half and posts one half to Umang. He then changes his mind and calls upon Umang to return the half of the note which he had sent. Umang requires Manav to send the other half of the promissory note. Decide how rights of the parties are to be adjusted. Give your answer in reference to the provision of Negotiable Instrument Act 1881. Please write answer as according to the ICAI ca foundation material? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Manav owes money to Umang. Therefore, he makes a promissory note for the amount in favor of Umang. For safety of transmission, he cuts the note in half and posts one half to Umang. He then changes his mind and calls upon Umang to return the half of the note which he had sent. Umang requires Manav to send the other half of the promissory note. Decide how rights of the parties are to be adjusted. Give your answer in reference to the provision of Negotiable Instrument Act 1881. Please write answer as according to the ICAI ca foundation material?.
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