CAIIB · BRBL

NEGOTIABLE ACT 1881

Chapter notes, video classes, MCQ practice tests and quick-revision one-liners for Banking Regulations and Business Laws — CAIIB.

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Q

What is the primary legislation governing negotiable instruments in India?

A

The Negotiable Instruments Act, 1881 governs promissory notes, bills of exchange, and cheques in India. It lays down the rights and liabilities of parties to such instruments.

Q

What is the time limit for issuing a notice under Section 138 of the NI Act after cheque dishonour?

A

Notice must be issued within 30 days of dishonour.

Q

Which three instruments are specifically defined as negotiable instruments under the NI Act, 1881?

A

Promissory notes, bills of exchange, and cheques are the three negotiable instruments defined under the NI Act, 1881.

Q

What is the time limit for the drawer to make payment after receiving notice under Section 138?

A

Drawer must pay within 15 days of receiving notice.

Q

How does Section 13 of the NI Act define a negotiable instrument?

A

Section 13 defines a negotiable instrument as a promissory note, bill of exchange, or cheque payable either to order or to bearer.

Q

Within what period must a complaint be filed under Section 142 for cheque dishonour?

A

Complaint must be filed within one month of cause of action.

Q

What is a promissory note as defined under Section 4 of the NI Act, 1881?

A

A promissory note is an instrument in writing (not being a bank note or currency note) containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to or to the order of a certain person or to the bearer of the instrument.

Q

What is the maximum punishment prescribed under Section 138 of the NI Act for cheque dishonour?

A

Imprisonment up to two years or fine up to twice the cheque amount.

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