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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 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.
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.
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