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Published on: 12/10/2019
The Negotiable Instruments Act, 1881
Download Tamil Nadu 12th Standard Commerce question papers, model tests, one-mark questions, important questions, and public exam papers in PDF format. Free study materials and answer keys for TN State Board students.
Questions + Answers key
Take MCQ Commerce Test1.
Explain the different kinds of endorsements.
2.
3.
Discuss in detail the features of a cheque. (any 5)
4.
Distinguish a cheque and a bill of exchange.(any 5)
5.
Mention the presumptions of Negotiable Instruments.
6.
What is meant by IFSC code?
7.
Write a note on MICR.
8.
Write a note on
(i) Documentary Bill
(ii) Clean Bill
9.
what do you mean by significance of special crossing?
10.
Write a short note on
(i) Negotiability
(ii) Assignability
1.
1. Endorsement in blank or general Endorsement : When the endorser puts his mere signature on the back of an instrument without mentioning the name of the endorse. (Receiver)
2. Endorsement in full or special Endorsement : In addition to his signature, specifies the person to whom or to whose order the instrument is payable.
3. Conditional or qualified Endorsement : Endorser makes his liability dependent upon the happening of an event which may or may not happen.
4. Restrictive Endorsement : When an endorsement restricts or prohibits further Negotiability of the Instrument.
5. Sans recourse Endorsement : Ordinarily the endorser becomes liable to subsequent parties in the event of dishonour of the instrument.
If he makes it clear that the subsequent holders should not look to him for payment in case it is dishonoured.
6. Facultative Endorsement : To make an endorser liable on the instrument, notice of dishonour must be given to him. But if the endorser waives this right by a writing "Notice of dishonour waived" at the time of endorsing
7. Partial Endorsement : Where the endorsement seeks to transfer only a part of the amount payable under the instrument.
2.
3.
Features of a cheque :
(i) Instrument in writing : A cheque or a bill or a promissory note must be an instrument in writing.Though the law does not prohibit a cheque being written in pencil, bankers never accept it because of risks involved.
(ii) Unconditional order : The instrument must contain an order to pay money.It is not necessary that the word 'order' or its equivalent must be used to make the document a cheque.
(iii) Drawn on a Specified Banker Only: The cheque is always drawn on a specified banker.A cheque vitally differs from a bill in this respect as latter can be drawn on any person including a banker.
(iv) A Certain Sum of Money Only : The order must be for payment of only money. If the banker is asked to deliver securities, the document cannot be called a cheque.Further, the sum ofmoney must be certain.
(v) Payee to be Certain : The cheque must be made payable to a certain person or to the order of a certain person or to the bearer of the instrument.The word, person includes bodies corporate, local authorities, associations, holders of office of an institution etc.
(vi) Signed by the Drawer : The cheque is to be signed by the drawer.Further, it should tally with specimen signature furnished to the bank at the time of opening the account.
4.
| SI.No | Basis of Difference | Cheque | Bill of Exchange |
|---|---|---|---|
| 1. | Drawn | A cheque can be drawn only on a particular banker. | A bill of exchange can be drawn on any person including a banker |
| 2. | Payability | It is payable on demand only. | It is payable on demand or on the expiry of a certain period. |
| 3. | Validity | A cheque drawn payable to bearer on |demand is perfectly valid. | A bill made payable to bearer on demand is void by virtue of section 31 of the RBI Act. |
| 4. | Acceptance | A cheque does not require any acceptance. | In case of time bill, acceptance by the drawee is necessary before he can be made liable on it. |
| 5. | Grace Period | No days of grace are allowed in the case of a cheque for the simple reason that is always payableon demand. | Three days of grace are allowed while calculating the maturity date in the case of time bill. |
| 6. | Notice | Notice is not necessary for a cheque. | When a bill is dishonoured, notice of dishonour is necessary. |
5.
Certain presumptions as briefly mentioned below:
(i) Every negotiable instrument is presumed to have been drawn, accepted, etc. for consideration.
(ii) A negotiable instrument is presumed to have been accepted.
(iii) Every negotiable instrument bearing, a date is presumed to have been made or drawn on such a date.
(iv) It is presumed to have been accepted within a reasonable time after the date and before its maturity.
(v) The transfer of a negotiable instrument is presumed to have been made before maturity.
(vi) The endorsements appearing upon a negotiable instrument are presumed to have been made in the order to which they appear thereon.
When a negotiable instrument has been lost, it is presumed to have been duly stamped.
(vi) The holder of a negotiable instrument is presumed to be a holder in due course.
6.
(i) IFSC code is an alphanumeric code which facilitates electronic fund transfer in India.
(ii) This code uniquely identifies each bank branch participating in the two main Payment and Settlement systems in India.
(iii) The Real Time Gross Settlement (RTGS) and the National Electronic Fund Transfer (NEFT) systems.
(iv) IFSC is an 11 character code.
(v) The first 4 alphabetic characters represent the bank name and the last 6 characters (usually numeric) represent the branch.
(vi) The fifth character is 0 and reserved for future use. This code routes the messages to the destination banks or branch.
7.
(i) MICR code is a character - recognition technology used mainly by the banking industry to ease processing and clearance of cheques and other documents.
(ii) It is found at the bottom of the cheque. It includes bank code, bank account number, cheque number, cheque amount and a control indicator.
(iii) The MICR code helps the banker to ensure the legitimacy or originality of paper documents.
(iv) The special ink used in the MICR code is sensitive to magnetic fields.
(v) It prevents the crime of printing counterfeit cheques or documents using technology.
(vi) The magnetic ink will help discover fake documents.
8.
(i) Documentary Bill: Certain documents are accepted as a negotiable instrument by custom or usage. The courts have accepted them as negotiable instruments by usage.
(ii) Clean Bill: It means the bill to which no document of title to the goods is attached.
9.
(i) Here the paying banker should make payment only to the particular banker named as a part of special crossing or to his agent for collection.
(ii) Thus special crossing is safer than general crossing.
10.
(i) Negotiability: Negotiability refers to the transferability of all the rights and titles on an instrument by delivery or by endorsement and delivery, vesting with the bonafide transferee for value even better title than what the transferor had. This is the unique characteristics of a negotiable instrument.
(ii) Assignability: Assignability refers to the transferability of personal properties and rights from one person to another as a gift or sale or as security. In short, transferability of ownership of any goods other than negotiable instruments is called Assignability.
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