3. Essentials:
Instrument in writing
Contains unconditional order
Drawn by the Drawer
Drawn upon a specified banker
To pay a certain sum of money
Payable on demand
It is signed by the maker
7. Receipt need not be obtained
Convenient to receive money
Near money
Endorsable
No need of counting
An automatic record is maintained
8. Material alteration:
addition to or deletion of text from a legal
instrument that significantly changes its legal
sense or effect may thus invalidate it.
examples of material
alteration
1.The date
2.the sum
3.The place
4.The name
5.The crossing
6.The rate of interest
9. Authorised
alteration
Non-
material
alteration
Examples of Authorised alteration:
1.Filling blanks, 2. blank
endorsement
3.Acceptance conditional
4.General crossing
5.Consent of parties
Examples of Non-
material alteration:
1.Correcting mistakes, 2.Intention
of original parties,
3.Consent of parties
4.Result of an accident
10.
11.
12. Besides the above two types of crossing, in
recent years, the following types of crossing
have been developed
1. “Not Negotiable” crossing
2.Restrictive crossing or Account payee
crossing
3.Double crossing
13. ENDORSEMENT:
WRITING ON THE BACK OF THE INSTRUMENT FOR THE
PURPOSE OF NEGOTIATION.
Essentials of a valid
endorsement:
On the back or face or on allonge
Made by maker/holder
Signed by endorser
Shouldn’t be partial
Completed by delivery
Made in ink
14. 1.Blank or General Endorsement
2.Special or full
3.partial or invalid
4.Restrictive
5.Conditional or qualified
Pay „X‟ or
order
Pay to the
order of „X‟
Sans recourse
facultative
Sans Frais
15. Transfer of property
Right to sue the acceptor
Right to recover from endorsee
Right of further negotiation
LEGAL EFFECTS OF AN
ENDORSEMENT :
16. DIFFERENCE BETWEEN BILL OF EXCHANGE AND
CHEQUE
CHEQUE BILL OF EXCHANGE
Drawee : drawn on banker
Payable on demand : always
on demand
Days of grace: three days
Acceptance : no acceptance
required
Notice of dishonor: not
necessary
Any person/banker
Demand and expiry
No grace days
Need acceptance
Necessary
17. DIFFERENCE BETWEEN BILL OF EXCHANGE &
CHEQUE
CHEQUE BILL OF EXCHANGE
Crossing : crossed
generally or specially
Stamping : doesn’t require
stamping
Discounting : cant be
discounted
Can not be crossed.
Must be stamped
Can be discounted
18. Holder:
Any person who have the possession of the instrument
and also the right to recover money in his own name.
Holder In Due Course:
“Bonafide holder for value without notice”. And also
becomes a possessor for consideration.
Consideration for becoming a holder
in due course :
Valuable consideration on value
Legal method
Holder before the date of maturity
Holder in good faith
19. Privileges of a holder in due course:
Title free from equities
Cured of all defects
Liability of prior parties
Rights in case of fictitious bills
Estoppel against
Denying original
validity
Denying the
capacity
Endorser to deny
capacity of prior
parties
20. Difference between holder and
holder in due course
Holder in due course Holder
Entitlement: acquires his
possession
Consideration :
consideration is a must
Maturity : before maturity
Title : free from defects
Entitled in his own name
Not necessary
After maturity
Doesn’t acquire good title
21. Difference between holder and
holder in due course
Holder in due course Holder
Presumption: bound to
be a holder
Recovering: liabilities of
prior parties
Privileges: Free from all
equities
Cant be a holder in due
course
Can recover the amount
No special privileges