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Published on: 03/09/2022
QB365 provides a detailed and simple solution for every Possible Book Back Questions in Class 12 Commerce Subject - The Negotiable Instruments Act, 1881, English Medium. It will help Students to get more practice questions, Students can Practice these question papers in addition to score best marks.
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 characteristics Negotiable lnstrument
2.
Draw the two different types of crossing.
3.
Distinguish between Bill of Exchange & Promissory Note.
4.
What are the characteristics of a bill of exchange?
5.
Distinguish between Negotiability and Assignability.
1.
1. Transferability : A negotiable instrument is transferable from one person to another without any formality, such as affixing stamp, registration etc.,
2. Title of the holder free from all defects : A person taking the instrument in good faith and for value is known as holder in due course. When the instrument is held by holder in due course in the process of negotiation, it is cured of all defects in the instrument with respect to ownership.
3. Right of the transferee to sue : Though a bill, a promissory note or a cheque represents a debt, the transferee is entitled to sue on the instrument in his own name in case of dishonor, without giving notice to the debtor that he has become its holder.
2.
Crossing is of two types: General crossing and special crossing
General Crossing:
1. It is according to section 123 of the Negotiable Instruments Act, 1881.
2. "Where a cheque bears across its face with 'and company" or any abbreviation between two parallel transverse lines with or without the words 'not negotiable, the cheque shall be deemed to be crossed generally':
Special Crossing:
1. It is according to section 124 of the Negotiable Instruments Act, 1881.
2. "Where a cheque bears across its face an addition of the name of a banker with or without the words 'not negotiable, the cheque shall be deemed to be crossed specially and to be crossed to the bankers".

3.
| SI.No. | Basis of Difference | Bill of Exchange | Promissory Note |
|---|---|---|---|
| 1. | Nature of Undertaking | A bill of exchange contains an unconditional order to pay money. | A promissory note contains an unconditional undertaking to pay money. |
| 2. | No. of Parties | There are three parties in a bill of exchange drawer, drawee and payee. | In a promissory note, there are only two parties the maker and the payee. |
| 3. | Drawer of the instrument | A creditor draws a bill on a debtor. | A debtor executes a promissory note in favour of a creditor. |
| 4. | Conditionality | A bill may be accepted conditionally. | A note cannot be made conditional. |
4.
Characteristics of a bill of exchange
(i) A bill of exchange is a document in writing.
(ii) The document must contain an order to pay.
(iii) The order must be unconditional.
(iv) The instrument must be signed by the person who draws it.
(v) The name of the person on whom the bill is drawn must be specified in the bill itself.
(vi) The amount that isrequired to be paid must also be specified in the bill.
5.
| SI.No | Basis of Difference | Negotiability | Assignability |
|---|---|---|---|
| 1. | Legal ownership | It passes to the transferee by mere endorsement in the case of a bearer instrument and by endorsement and delivert in the case of an order instrument. | An assignment can be made by observing certain formalities. For instance, an instrument is to be made in writing, duly stamped and igned by the transferor or his agent. |
| 2. | Notice | Notice is not necessary for the holder of negotiable instrument to claim the payment from the debtor. | In case of actionable claim, notice of the assignment by the transferee regarding the transfer of debt to the debtor is necessary. |
| 3. | Nature of title | Holder of negotiable instrument in due course gets a better title than even the transferor. | The transferee's title to the instrument is subject to the defects of the transferor's title. |
| 4. | Consideration | Consideration is presumed | The assignee has to prove the consideration for the transfer. |
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