Cheque & Banking Disputes

1881-26

• §1 — Short title.
• §10 — “Payment in due course”.
• §100 — Protest.
• §101 — Contents of protest.
• §102 — Notice of protest.
• §103 — Protest for non-payment after dishonour by non-acceptance.
• §104 — Protest of foreign bills.
• §105 — Reasonable time.
• §106 — Reasonable time of giving notice of dishonour.
• §107 — Reasonable time for transmitting such notice.
• §108 — Acceptance for honour.
• §109 — How acceptance for honour must be made.
• §11 — Inland instrument.
• §110 — Acceptance not specifying for whose honour it is made.
• §111 — Liability of acceptor for honour.
• §112 — When acceptor for honour may be charged.
• §113 — Payment for honour.
• §114 — Right of payer for honour.
• §115 — Drawee in case of need.
• §116 — Acceptance and payment without protest.
• §117 — Rules as to compensation.
• §118 — Presumptions as to negotiable instruments.
• §119 — Presumption on proof of protest.
• §12 — Foreign instrument.
• §120 — Estoppel against denying original validity of instrument.
• §121 — Estoppel against denying capacity of payee to indorse.
• §122 — Estoppel against denying signature or capacity of prior party.
• §123 — Cheque crossed generally.
• §124 — Cheque crossed specially.
• §125 — Crossing after issue.
• §126 — Payment of cheque crossed generally.
• §127 — Payment of cheque crossed specially more than once.
• §128 — Payment in due course of crossed cheque.
• §129 — Payment of crossed cheque out of due course.
• §13 — “Negotiable instrument”.
• §130 — Cheque bearing “not negotiable”.
• §131 — Non-liability of banker receiving payment of cheque.
• §131A — Application of Chapter to drafts.
• §132 — Set of bills.
• §133 — Holder of first acquired part entitled to all
• §134 — Law governing liability of maker, acceptor or indorser of foreign instrument.
• §135 — Law of place of payment governs dishonour.
• §136 — Instrument made, etc., out of India, but in accordance with the law of India.
• §137 — Presumption as to foreign law.
• §138 — Dishonour of cheque for insufficiency, etc., of funds in the account.
• §139 — Presumption in favour of holder.
• §14 — Negotiation.
• §140 — Defence which may not be allowed in any prosecution under section 138.
• §141 — Offences by companies.
• §142 — Cognizance of offences.
• §142A — Validation for transfer of pending cases.
• §143 — Power of Court to try cases summarily.
• §143A — Power to direct interim compensation.
• §144 — Mode of service of summons.
• §145 — Evidence on affidavit.
• §146 — Bank’s slip prima facie evidence of certain facts.
• §147 — Offences to be compoundable.
• §148 — Power of Appellate Court to order payment pending appeal against conviction.
• §15 — Indorsement.
• §16 — Indorsement “in blank” and “in full”.
• §17 — Ambiguous instruments.
• §18 — Where amount is stated differently in figures and words.
• §19 — Instruments payable on demand.
• §2 — [Repeal of enactments.] Rep. by the Repealing and Amending Act, 1891(12 of 1891), s. 2 and the Schedule I.
• §20 — Inchoate stamped instruments.
• §21 — “At sight”.
• §22 — “Maturity”.
• §23 — Calculating maturity of bill or note payable so many months after date or sight.
• §24 — Calculating maturity of bill or note payable so many days after date or sight.
• §25 — When day of maturity is a holiday.
• §26 — Capacity to make, etc., promissory notes, etc.
• §27 — Agency.
• §28 — Liability of agent signing.
• §29 — Liability of legal representative signing.
• §3 — Interpretation-clause.
• §30 — Liability of drawer.
• §31 — Liability of drawee of cheque.
• §32 — Liability of maker of note and acceptor of bill.
• §33 — Only drawee can be acceptor except in need or for honour.
• §34 — Acceptance by several drawees not partners.
• §35 — Liability of indorser.
• §36 — Liability of prior parties to holder in due course.
• §37 — Maker, drawer and acceptor principals.
• §38 — Prior party a principal in respect of each subsequent party.
• §39 — Suretyship.
• §4 — “Promissory note.”
• §40 — Discharge of indorser's liability.
• §41 — Acceptor bound, although, indorsement forged.
• §42 — Acceptance of bill drawn in fictitious name.
• §43 — Negotiable instrument made, etc., without consideration.
• §44 — Partial absence or failure of money-consideration.
• §45 — Partial failure of consideration not consisting of money.
• §45A — Holder's right to duplicate of lost bill.
• §46 — Delivery.
• §47 — Negotiation by delivery.
• §48 — Negotiation by indorsement.
• §49 — Conversion of indorsement in blank into indorsement in full.
• §5 — “Bill of exchange.”
• §50 — Effect of indorsement.
• §51 — Who may negotiate.
• §52 — Indorser who excludes his own liability or makes it conditional.
• §53 — Holder deriving title from holder in due course.
• §54 — Instrument indorsed in blank.
• §55 — Conversion of indorsement in blank into indorsement in full.
• §56 — Indorsement for part of sum due.
• §57 — Legal representative cannot by delivery only negotiate instrument indorsed by deceased.
• §58 — Instrument obtained by unlawful means or for unlawful consideration.
• §59 — Instrument acquired after dishonour or when overdue.
• §6 — “Cheque.”
• §60 — Instrument negotiable till payment or satisfaction.
• §61 — Presentment for acceptance.
• §62 — Presentment of promissory note for sight.
• §63 — Drawee’s time for deliberation.
• §64 — Presentment for payment.
• §65 — Hours for presentment
• §66 — Presentment for payment of instrument payable after date or sight
• §67 — Presentment for payment of promissory note payable by instalments.
• §68 — Presentment for payment of instrument payable at specified place and not elsewhere.
• §69 — Instrument payable at specified place.
• §7 — “Drawer” “Drawee”.
• §71 — Presentment when maker, etc., has no known place of business or residence.
• §72 — Presentment of cheque to charge drawer.
• §73 — Presentment of cheque to charge any other person.
• §74 — Presentment of instrument payable on demand.
• §75 — Presentment by or to agent, representative of deceased, or assignee of insolvent.
• §75A — Excuse for delay in presentment for acceptance or payment
• §76 — When presentment unnecessary.
• §77 — Liability of banker for negligently dealing with bill presented for payment.
• §78 — To whom payment should be made.
• §79 — Interest when rate specified.
• §8 — “Holder”.
• §80 — Interest when no rate specified.
• §81 — Delivery of instrument on payment or indemnity in case of loss.
• §82 — Discharge from liability.
• §83 — Discharge by allowing drawee more than forty-eight hours to accept.
• §84 — When cheque not duly presented and drawer damaged thereby.
• §85 — Cheque payable to order.
• §85A — Drafts drawn by one branch of a bank on another payable to order.
• §86 — Parties not consenting discharged by qualified or limited acceptance.
• §87 — Effect of material alteration.
• §88 — Acceptor or indorser bound notwithstanding previous alteration.
• §89 — Payment of instrument on which alteration is not apparent.
• §9 — “Holder in due course”.
• §90 — Extinguishment of rights of action on bill in acceptor's hands.
• §91 — Dishonour by non-acceptance.
• §92 — Dishonour by non-payment.
• §93 — By and to whom notice should be given.
• §94 — Mode in which notice may be given.
• §95 — Party receiving must transmit notice of dishonour.
• §96 — Agent for presentment.
• §97 — When party to whom notice given is dead.
• §98 — When notice of dishonour is unnecessary.
• §99 — Noting.