Notes For ca cpt students - Prudhvi.... this notes was copied by so many lecturers in andhra pradesh , especially in Sri Medha & Master Minds

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7. Cont…
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• Presumptions as to negotiable instruments
[Sections 118-119]

8. Cont…
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11. Rs. 10,000 Visakhapatnam, February 29,2012
Three months after date, I promise to pay Shyam or order
the sum of Ten thousand rupees for value received with
interest @ 12% p.a.
To,
Shyam
222, Ashok Vihar,
Visakhapatnam - 530019
Stamp
Sd/-Ram

14. * A currency note is not a promissory note

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16. Stamp
Krishna

18. 1. Maker—debtor
2. Maker & Payee
different
3. Two parties
4. Unconditional promise
1. Drawer—creditor.
2. Drawer and Payee may
be the same.
3. Three Parties .
4. Contains an order to
make the payment

20. 5. Need no acceptance
6. Liability of maker primary &
unconditional
7. A promissory Note cannot be
drawn in sets
8. Dishonor may not informed
to all
5. Must be accepted by the
drawee
6. Liability of the drawer
primary till acceptance by
the drawee.
7. Drawn in sets
8. Dishonour informed to all

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24. •

26. 1. Drawer is creditor- must
have an account in the
Bank.
2. Three parties
3. Contains order to Drawee
(Bank)
4. Always Payable on
Demand
1. Maker owes some money
to another person.
2. Two parties
3. Contains promise to pay
4. Payable on Demand or on a
fixed date or determinable
future time

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30. 1. General crossing (S.123)
2. Special crossing (S.124)
3. Restrictive crossing (developed out of
business usage)

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33. 2.
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34. •
 [Section 130]
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37. 1. The drawer of a Cheque.
2. Holder of the Cheque.
3. The Banker in whose favor the cheque has been crossed
specially.

38. • Sec.15-
• “Literal meaning of the term endorsement is writing on an
instrument.”
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39. .

40. 1. Blank or General Endorsement S.16 :
2. Special or Full Endorsement S.16 :
3. Partial Endorsement:
Kinds of Endorsement

41. (Cont..) Kinds of Endorsement
4. Restrictive Endorsement:
5. Conditional Endorsement:

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43. • Bearer Instruments S.13
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• Inland Instrument S.11
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• Foreign Instrument S.12
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44. • Order Instrument
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• Time / Usance Instrument
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• Instrument payable on demand
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• Fictitious bill S.42
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45. • Escrow
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• Ambiguous instrument S.17
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• Accommodation bill S.43
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46. • Inchoate/ Incomplete Instrument S.20
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48. Maturity of a Negotiable Instrument {Sec. 22}
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Days of grace:-
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49. CASE DATE OF MATURITY
Negotiable instrument payable on
a specified day
Specified day + 3rd day
Negotiable instrument payable on
a stated number of days after date
Date on which negotiable instrument is Drawn
+ stated number of days + 3rd day
Negotiable instrument payable on
a stated number of days after
sight
Date on which negotiable instrument is
presented for sight + stated number of days +
3rd day
Negotiable instrument payable on
a stated number of days after
happening of a certain event
Date on which such event happens + stated
number of days + 3rd day.
Negotiable instrument payable on
stated number of month after
date.
Corresponding day of the relevant month (i.e.,
date on which negotiable instrument is drawn
+ stated number of month) + 3rd day

50. CASE DATE OF MATURITY
Negotiable instrument payable on
stated number of month after sight
Corresponding day of the relevant month
(i.e., Date on which negotiable instrument is
presented for sight + stated number of
months) + 3rd day.
Negotiable Instrument payable on
stated number of months after
happening of a certain event
Corresponding day of the relevant month
(i.e., Date on which such event happens +
stated number of months) + 3rd day
If the day of maturity of
negotiable instrument is a public
holiday
Immediately preceding business day
If the day of maturity of
negotiable instrument is an
emergency or unforeseen public
holiday
Immediately succeeding business day
Note:- If in the relevant month, there is no corresponding day, the last day of such
month shall be taken.

51. Payment in Due Course S.10 means

52. •
DUTIES AND RESPONSIBILITIES OF A 'PAYING-
BANKER’:
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55. •
a) Banker as Holder for value
b) Banker as Agent

56. Duties and Responsibilities of a Collecting Banker:
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62. 1)Inchoate stamped instrument:(Sec.20)-
2)Liability of prior parties:(Sec.36)-
3)Fictitious payee:(Sec.42)-

63. Contd -
4) Conditional delivery: S.46-
5) Instrument cleansed of all defects: S.53-

64. Contd -

65. BASIS HOLDER HDC
Consideration A person becomes a holder even if
he obtains the negotiable
instrument without any
consideration.
A person becomes HDC only if he
obtains the negotiable instrument
for consideration.
Before maturity A person becomes a holder even if
he obtains the negotiable
instrument after the maturity of the
negotiable instrument.
A person becomes HDC only if he
obtains the negotiable instrument
before its maturity.
Good Faith A person becomes the holder, even
if he does not obtain the negotiable
instrument in good faith.
HDC, a person who obtain the
negotiable instrument on good
faith.
Privileges A holder is not entitled to the
privileges, which are available for
HDC.
A HDC is entitled to various
privileges as specified under the
negotiable instrument act, 1881.
Right to use A holder can not sue all the prior
parties.
A HDC can sue all the prior
parties.

66. 66
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67. 67
• Negotiation by delivery S.47–
• Negotiation by endorsement and delivery S.48–
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68. •

69. Basis Negotiation Assignment
If a negotiable instrument is
transfer by way of negotiation,
Negotiable Instrument Act, 1881
applies.
Where any right is transferred by
way of assignment, the Transfer of
Property Act applies.
Negotiation means transfer of a
negotiable instrument to any other
person so as to constitute that
person the holder of such
negotiable instrument.
Transfer of a right to receive the
payment of a debt by one person
(viz., assignee) to another person
(viz., assignee) by way of a written
document is called as assignment.
Negotiation can be made for
transferring negotiable instrument
only.
Assignment can be made of any
right.
A bearer instrument can be
negotiated merely by deliver, and
an order instrument can be
negotiated by endorsement and
delivery.
Assignment is valid only if it is
made in writing and is signed by
the assignor.

70. Basis Negotiation Assignment
Notice of negotiation is not
required to be given to any
party.
Notice of assignment must be
given by the assignee to the
debtor.
It is presumed that every
negotiable instrument was
negotiated for consideration.
There is no such presumption
in case of assignment.
The transferee of a negotiable
instrument acquires a title better
than that of the transferor, i.e; he
becomes a holder in due course.
The assignee does not
acquire a title better than that
of the assignor.
Negotiation does not require
payment of stamp duty.
Assignment requires
payment of stamp duty.

71. Meaning:
Effect:
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72. Meaning:

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74. (a) Rights and obligations of the finder of a lost instrument:
(b) Rights and obligations of a person who had obtained an instrument
by unlawful means:

75. c) Rights and obligations of a person who has obtained an instrument
for unlawful consideration:
d) Effect of forgery (Forged Instruments):

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78. Essentials of a valid acceptance
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Modes of acceptance

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80. 
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81. Acceptor for Honor
Conditions for valid acceptance for honor:

82. Rights and Liabilities of Acceptor of Honor:

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84. •
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S.64

85. i. By whom and to whom presentment is to be made:
ii. Time of presentment for payment:

86. iii. Place of presentment for payment:
iv. Presentment of promissory note payable by installment (Section
67):

87. v. Presentment of cheque to drawer (Section 72):
vi. Presentment of cheque to charge any other person (Section
73):
vii. Presentment of instrument to agents, etc. (Section75):

90.  A bill may be dishonored by non-acceptance or by non-
payment

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 Contents of Noting
-The fact of dishonour
-The date of dishonour
-The reasons of dishonor
-The notary charges

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