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Published on: 03/09/2022
QB365 provides a detailed and simple solution for every Possible Creative 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.
What is payee's position when crossing is obliterated?
2.
Explain any six kinds of Negotiable Instruments.
3.
Distinguish between cheque and promissory note.
4.
What is the characteristics of a promissory note?
1.
(i) Since crossing is a material part of the cheqtre, crossing cannot be obliterated (removed) by a holder.
(ii) But if the obliteration has been done by dishonest persons so skilfully that its detection is impossible and if payment has been made in due course, though at the counter, the paying banker is discharged from liability.
2.
(i) Bearer Instrument: Promissory Note, Bill of Exchange or cheque is payable to bearer is called bearer instrument subject to fulfilment of either of the two conditions:
(1) It must be expressed to be payable
(2) The only or last endorsement should be a blank endorsement.
(ii) Order Instrument: Promissory Note, Bill of Exchange or cheque is payable to order is called Order instrument.
(iii) Inland Instrument: Promissory Note, Bill of Exchange or cheque is an inland instrument subject to the following conditions:
(a) It must be drawn in India
(b) It must be payable in India
(c) It must be drawn upon any person resident in India
(iv) Foreign Instrument: An instrument which is not the inland instrument is called a foreign instrument.
(1) Bill drawn outside India
(2) Bill payable outside India
(3) Bill drawn upon foreign citizens
(v) Ambiguous Instrument: An ambiguous instrument means an instrument which can be construed either as a promissory note or a bill of exchange.
(vi) Inchoate Instrument: It means an incomplete instrument in some respect.
3.
| SI.No | Basis of Difference | Cheque | Promissory Note |
|---|---|---|---|
| 1. | Nature of order | A cheque contains an order to pay money | A promissory note contains an undertaking to pay money. |
| 2. | Creator of the instrument | The drawer of a cheque is a creditor | The maker of a note is a debtor. |
| 3. | Crossing | A cheque can be crossed | A pronote cannot be crossed. |
| 4. | Stamping | A cheque need not be stamped | A promissory note has to be sufficiently stamped. |
| 5. | Discounting | A cheque cannot be discounted | A promissory note can be discounted with a banker |
| 6. | Bearer | A cheque is payable to order or to bearer | A promissory note cannot be made payable to bearer |
4.
Characteristics of a Promissory Note:
(i) A promissory note must be in writing. An oral promise to pay does not constitute a promissory note.
(ii) It must contain a promise or undertaking to pay a mere acknowledgment of indebtedness will not make it a promissory note.
(iii) The promise to pay must be unconditional.
(iv) It must be signed by the maker. The signature must be in any part of the instrument and it need not be at the bottom.
(v) The maker of the note must be a certain person.
(vi) A promissory note originally made payable to bearer is illegal.
(vii) The promise must be for payment of money only.
(viii) The sum payable must be certain and must be specified in the note itself-.
(ix) A bank note or a currency note is not a promissory note.
(x) A promissory note must be sufficiently stamped.
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