Tag: meaning and characteristics of negotiable instruments

Questions Related to meaning and characteristics of negotiable instruments

Which of the following are examples of Quasi Negotiable Instruments?

meaning and characteristics of negotiable instruments the negotiable instruments act, 1881 commerce

  1. Govt. promissory notes

  2. Dividend warrants

  3. Share warrants

  4. All of the above

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Correct Option: D
Explanation:

Quasi Negotiable Instruments are those Instruments which can be transferred by endorsement and delivery but the transferee does not get a better title that of the transferor. Therefore they cannot be classified as negotiable Instruments and hence the negotiable Instruments act is not applicable to them. It includes government promissory notes, railway receipts, bills of lading, dividend warrants and share warrants.

Which of the following is NOT the essential requirement for the endorsement as per Negotiable Instrument Act, $1881$?

meaning and characteristics of negotiable instruments the negotiable instruments act, 1881 commerce

  1. It should be on the instrument.

  2. It should be made by the holder on the maker.

  3. Signatures should be in ink and not by pencil or rubber stamp.

  4. It should contain unconditional order.

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Correct Option: D
Explanation:
In the words of Section 15, of the Negotiable Instruments Act, 1881 endorsement is defined as when the maker or the holder of a negotiable instrument signs the same otherwise than as such maker, for the purpose of negotiation, on the back or face thereof or on a slip of paper annexed thereto, he is said to endorse the same and is called the endorser and the person to whom the instrument is endorsed is called the endorsee. The requirements for endorsement under the act are:
  • It must be on the instrument. The endorsement may be on the back or the face of the instrument and if no space is left on the instrument, it may be made on a separate paper attached to it called along.
  • It must be an endorsement of the entire bill. A partial endorsement that is which purports to transfer to the endorse a part only of the amount payable does not operate as a valid endorsement.
  • It must be made by the maker or holder of the instrument. A stranger cannot endorse it.
  • It may be made either by the endorser merely signing his name on the instrument or by any words showing an intention to endorse or transfer the instrument to a specified person.
  • It must be signed by the endorser. It is not necessary to write the full name initial may be sufficient. Thumb- impression should be attested.

The Negotiable Instrumentals Act, $1881$ extends to the ______________.

meaning and characteristics of negotiable instruments the negotiable instruments act, 1881 commerce

  1. whole of India excluding state of Jammu

  2. whole of India excluding state of Jammu and Kashmir

  3. whole of India

  4. whole of India excluding state of Goa

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Correct Option: B
Explanation:

The Negotiable Instruments Act was enacted, in India, in 1881. Prior to its enactment, the provision of the English Negotiable Instrument Act were applicable in India, and the present Act is also based on the English Act with certain modifications. It extends to the whole of India except the State of Jammu and Kashmir.

The Negotiable Instruments Act, came into force on the ________.

meaning and characteristics of negotiable instruments the negotiable instruments act, 1881 commerce

  1. $1.1.1881$

  2. $1.2.1881$

  3. $1.3.1882$

  4. $1.12.1981$

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Correct Option: C
Explanation:

The Negotiable Instruments Act, 1881 is an act legislated by the Imperial British Government which was passed on 9th December 1881 and commenced or came into force on 1st March 1882.