In forceACT NO. XXVI OF 1881 · 9th December, 1881
The Negotiable Instruments Act, 1881
দেনাপাওনা দলিল আইন, 1881
♣An Act to define and amend the law relating to Promissory Notes, Bills of Exchange and Cheques.
Contents
Chapter I PRELIMINARY
Chapter II OF NOTES, BILLS AND CHEQUES
- Section 4“Promissory note”
- Section 5“Bill of exchange”
- Section 6“Cheque”
- Section 7“Drawer” “Drawee” “Drawee in case of need” “Acceptor” “Acceptor for honour” “Payee”
- Section 9“Holder in due course”
- Section 10“Payment in due course”
- Section 11Inland instrument
- Section 12Foreign instrument
- Section 13“Negotiable instrument”
- Section 14Negotiation
- Section 15Indorsement
- Section 16Indorsement “in blank” and “in full” “Indorsee”
- Section 17Ambiguous instruments
- Section 18Where amount is stated differently in figures and words
- Section 19Instruments payable on demand.
- Section 20Inchoate stamped instruments
- Section 21“At sight” “On presentment” “After sight”
- Section 21AWhen note or bill payable on demand is overdue
- Section 21BA note or bill payable at a determinable future time
- Section 21CAnti-dating and post-dating
- Section 22“Maturity” Days of grace
- Section 23Calculating maturity of bill or note payable so many months after date or sight
- Section 24Calculating maturity of bill or note payable so many days after date or sight
- Section 25When day of maturity is a holiday
Chapter III PARTIES TO NOTES, BILLS AND CHEQUES
- Section 26Capacity to make, etc., promissory notes, etc.
- Section 27Agency
- Section 27AAuthority of partner
- Section 28Liability of agent signing
- Section 28ATransferor by delivery and transferee
- Section 29Liability of legal representative signing
- Section 29ASignature essential to liability
- Section 29BForged or unauthorised signature
- Section 29CStranger signing instrument presumed to be indorser
- Section 30Liability of drawer
- Section 31Liability of drawee of cheque
- Section 32Liability of maker of note and acceptor of bill
- Section 33Only drawee can be acceptor except in need or for honour
- Section 34Acceptance by several drawees not partners
- Section 35Liability of indorser
- Section 36Liability of prior parties to holder in due course
- Section 37Maker, drawer and accept or principals
- Section 38Prior party a principal in respect of each subsequent party
- Section 38ALiability of accommodation party and position of accommodation party
- Section 39Suretyship
- Section 40Discharge of indorser’s liability
- Section 41Acceptor bound although indorsement forged
- Section 42Acceptance of bill drawn in fictitious name
- Section 43Negotiable instrument made, etc., without consideration
- Section 44Partial absence or failure of money-consideration
- Section 45Partial failure of consideration not consisting of money
- Section 45AHolder’s right to duplicate of lost bill
Part IV · OF NEGOTIATION
- Section 46Delivery
- Section 47Negotiation by delivery
- Section 48Negotiation by indorsement
- Section 49Conversion of indorsement in blank into indorsement in full
- Section 50Effect of indorsement
- Section 51Who may negotiate
- Section 52Indorser who excludes his own liability or makes it conditional
- Section 53Holder claiming through holder in due course
- Section 53ARights of holder in due course
- Section 54Instrument indorsed in blank
- Section 55Conversion of indorsement in blank into indorsement in full
- Section 56Requisites of indorsement
- Section 57Legal representative cannot by delivery only negotiate instrument indorsed by deceased
- Section 57ANegotiation of instrument of party already liable thereon
- Section 57BRights of holder
- Section 58Defective title
- Section 59Instrument acquired after dishonour or when overdue
- Section 60Instrument negotiable till payment or satisfaction
Part IV · Chapter V OF PRESENTMENT
- Section 61Presentment for acceptance
- Section 62Presentment of promissory note for sight
- Section 63Drawee’s time for deliberation
- Section 64Presentment for payment
- Section 65Hours for presentment
- Section 66Presentment for payment of instrument payable after date or sight
- Section 67Presentment for payment of promissory note payable by instalments
- Section 68Presentment for payment of instrument payable at specified place and not elsewhere
- Section 69Instrument payable at specified place
- Section 70Presentment where no exclusive place specified
- Section 71Presentment when maker, etc., has no known place of business or residence
- Section 71AWhat constitutes valid presentment and mode of presentment
- Section 72Presentment of cheque to charge drawer
- Section 73Presentment of cheque to charge any other person
- Section 74Presentment of instrument payable on demand
- Section 75Presentment by or to agent, representative of deceased, or assignee of insolvent
- Section 75AExcuse for delay in presentment for acceptance or payment
- Section 76When presentment unnecessary
- Section 77Liability of banker for negligently dealing with bill presented for payment
Part IV · Chapter VI OF PAYMENT AND INTEREST
Part IV · Chapter VII OF DISCHARGE FROM LIABILITY ON NOTES, BILLS AND CHEQUES
- Section 82Discharge from liability-
- Section 83Discharge by allowing drawee more than forty-eight hours to accept
- Section 84When cheque not duly presented and drawer damaged thereby
- Section 85Cheque payable to order
- Section 85ADrafts drawn by one branch of a bank on another payable to order
- Section 86Parties not consenting discharged by qualified or limited acceptance
- Section 87Effect of material alteration
- Section 88Acceptor or indorser bound notwithstanding previous alteration
- Section 89Payment of instrument on which alteration is not apparent
- Section 90Extinguishment of rights of action on bill in acceptor’s hands
Part IV · Chapter VIII OF NOTICE OF DISHONOUR
- Section 91Dishonour by non-acceptance
- Section 92Dishonour by non-payment
- Section 93By and to whom notice should be given
- Section 94Mode in which notice may be given
- Section 95Party receiving must transmit notice of dishonour
- Section 96Agent for presentment
- Section 97When party to whom notice given is dead
- Section 98When notice of dishonour is unnecessary
Part IV · Chapter IX OF NOTING AND PROTEST
Part IV · Chapter X OF REASONABLE TIME
Part IV · Chapter XI OF ACCEPTANCE AND PAYMENT FOR HONOUR AND REFERENCE IN CASE OF NEED
- Section 108Acceptance for honour
- Section 109How acceptance for honour must be made
- Section 110Acceptance not specifying for whose honour it is made
- Section 111Liability of acceptor for honour
- Section 112When acceptor for honour may be charged
- Section 113Payment for honour
- Section 114Right of payer for honour
- Section 115Drawee in case of need
- Section 116Acceptance and payment without protest
Part IV · Chapter XII OF COMPENSATION
Part IV · Chapter XIII SPECIAL RULES OF EVIDENCE
- Section 118Presumptions as to negotiable instruments- (a) of consideration; (b) as to date; (c) as to time of acceptance; (d) as to time of transfer; (e) as to order of indorsements; (f) as to stamp; (g) that holder is a h
- Section 119Presumption on proof of protest
- Section 120Estoppel against denying original validity of instrument
- Section 121Estoppel against denying capacity of payee to indorse
- Section 122Estoppel against denying signature or capacity of prior party
Part IV · Chapter XIV SPECIAL PROVISIONS RELATING TO CHEQUES
- Section 122ARevocation of Banker’s authority
- Section 123Cheque crossed generally
- Section 123ACheque crossed “account- payee”
- Section 124Cheque crossed specially
- Section 125A125A Crossing a material part of a cheque
- Section 126Payment of cheque crossed generally
- Section 127Payment of cheque crossed specially more than once.
- Section 128Payment in due course of crossed cheque
- Section 129Payment of crossed cheque out of due course
- Section 130Cheque bearing “not negotiable”
- Section 131AApplication of Chapter to drafts
- Section 131BProtection to banker crediting cheque crossed “account- payee”
- Section 131CCheque not operating as assignment of funds
Part IV · Chapter XV SPECIAL PROVISIONS RELATING TO BILLS OF EXCHANGE
- Section 131DSeveral drawees
- Section 131EIn whose favour a bill may be drawn
- Section 131FWhen presentment for acceptance is necessary
- Section 131HHolder’s right of recourse against drawn and indorsers
- Section 131GWhen presentment excused
- Section 132Set of bills
- Section 133Holder of first acquired part entitled to all