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Meaning of Negotiable Instrument - Negotiable instruments Act(1881), Business Law Video Lecture | Business Law - B Com
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| 1. What is a negotiable instrument under the Negotiable Instruments Act, 1881? |  |
Ans.A negotiable instrument is a written document that guarantees the payment of a specific amount of money to the holder, either on demand or at a set time. The main types of negotiable instruments include promissory notes, bills of exchange, and cheques. These instruments are transferable, meaning they can be passed from one person to another, and the holder can claim the specified amount from the issuer.
| 2. What are the essential characteristics of negotiable instruments? | |
Ans.The essential characteristics of negotiable instruments include:
1. <b>Transferability</b>: They can be transferred from one person to another.
2. <b>Unconditional</b>: They must contain an unconditional promise or order to pay a specific amount.
3. <b>Payable in money</b>: The amount must be payable in legal tender.
4. <b>Completeness</b>: They must be complete in all respects, including the amount, payee, and date.
5. <b>Written form</b>: They must be in writing and signed by the issuer.
| 3. What is the difference between a cheque and a promissory note? | |
Ans.A cheque is an order made by the drawer to the bank to pay a specific sum to the payee, while a promissory note is a written promise made by one party to pay a certain amount to another party at a defined time. Cheques are typically used for immediate payments, whereas promissory notes can involve a future payment date.
| 4. What are the legal implications of dishonor of a negotiable instrument? | |
Ans.When a negotiable instrument is dishonored (e.g., a cheque bounces), the holder can take legal action against the drawer or maker. Under the Negotiable Instruments Act, the holder may issue a notice of dishonor and can sue for the amount due along with any applicable damages. The dishonor may also result in penalties for the drawer, including fines or imprisonment, depending on the circumstances.
| 5. How can a negotiable instrument be transferred? | |
Ans.A negotiable instrument can be transferred through endorsement and delivery. The transferor (the person who holds the instrument) must sign the back of the instrument (endorsement) and then deliver it to the transferee (the person receiving it). For instruments like cheques, the transfer can also involve simply handing over the instrument, while for others, a formal endorsement is required.
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