Negotiable Instruments Act, 1881

Description: This quiz covers the key concepts and provisions of the Negotiable Instruments Act, 1881, a crucial legislation governing negotiable instruments in India. Assess your understanding of the Act by answering the following questions.
Number of Questions: 15
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Tags: negotiable instruments act, 1881 banking and finance law indian law
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What is the legal definition of a 'negotiable instrument' as per the Negotiable Instruments Act, 1881?

  1. A written instrument that promises to pay a certain sum of money to a specified person or bearer.

  2. A document that evidences a debt or obligation and can be transferred to another party.

  3. A financial instrument that allows the holder to claim payment of a specific amount at a future date.

  4. A contract between two parties involving the exchange of goods or services.


Correct Option: A
Explanation:

According to the Negotiable Instruments Act, 1881, a negotiable instrument is a written document that contains an unconditional promise to pay a certain sum of money to a specified person or the bearer of the instrument.

Which of the following is NOT a type of negotiable instrument recognized under the Negotiable Instruments Act, 1881?

  1. Promissory Note

  2. Bill of Exchange

  3. Cheque

  4. Demand Draft


Correct Option: D
Explanation:

A Demand Draft is not a negotiable instrument as defined under the Negotiable Instruments Act, 1881. It is a written order by a bank to another bank to pay a specified sum of money to a named person or bearer on demand.

What is the essential characteristic that distinguishes a negotiable instrument from other types of contracts?

  1. Transferability

  2. Unconditional Promise to Pay

  3. Specified Due Date

  4. Written Form


Correct Option: A
Explanation:

The key characteristic that sets negotiable instruments apart from other contracts is their transferability. A negotiable instrument can be easily transferred from one person to another, without the need for the consent of the original parties to the contract.

What is the legal term used to describe the process of transferring a negotiable instrument from one person to another?

  1. Negotiation

  2. Endorsement

  3. Assignment

  4. Delivery


Correct Option: A
Explanation:

Negotiation is the legal term used to describe the process of transferring a negotiable instrument from one person to another. It involves the delivery of the instrument and the endorsement of the transferor, which enables the transferee to become the legal holder of the instrument.

What are the two main types of endorsements recognized under the Negotiable Instruments Act, 1881?

  1. Blank Endorsement and Special Endorsement

  2. Restrictive Endorsement and Non-Restrictive Endorsement

  3. General Endorsement and Qualified Endorsement

  4. Partial Endorsement and Full Endorsement


Correct Option: A
Explanation:

Under the Negotiable Instruments Act, 1881, there are two main types of endorsements: Blank Endorsement and Special Endorsement. A blank endorsement simply consists of the signature of the endorser, while a special endorsement specifies the name of the transferee to whom the instrument is being transferred.

What is the legal consequence of a holder in due course acquiring a negotiable instrument?

  1. They acquire an indefeasible title to the instrument.

  2. They become liable for any outstanding debts associated with the instrument.

  3. They must present the instrument for payment within a reasonable time.

  4. They cannot negotiate the instrument further.


Correct Option: A
Explanation:

A holder in due course is a person who acquires a negotiable instrument in good faith, for value, and without notice of any defects or defenses that may affect the instrument. As a result, they acquire an indefeasible title to the instrument, meaning their ownership cannot be challenged.

What is the maximum period within which a holder must present a cheque for payment to the bank?

  1. 3 months

  2. 6 months

  3. 1 year

  4. 15 days


Correct Option: D
Explanation:

According to the Negotiable Instruments Act, 1881, a holder must present a cheque for payment to the bank within 15 days from the date of issue. Failure to do so may result in the holder losing their right to claim payment from the bank.

What is the legal term used to describe the dishonor of a negotiable instrument by the drawee?

  1. Protest

  2. Acceptance

  3. Endorsement

  4. Negotiation


Correct Option: A
Explanation:

Protest is the legal term used to describe the formal declaration made by a notary public or other authorized person when a negotiable instrument is dishonored by the drawee. It serves as evidence of the dishonor and is necessary for the holder to claim payment from the endorsers.

What is the legal consequence of a drawer of a bill of exchange failing to make payment upon dishonor?

  1. They become liable to pay the face value of the bill to the holder.

  2. They are subject to criminal prosecution.

  3. They lose their right to sue the endorsers of the bill.

  4. They are barred from issuing any further bills of exchange.


Correct Option: A
Explanation:

If the drawer of a bill of exchange fails to make payment upon dishonor, they become liable to pay the face value of the bill to the holder. This liability arises from the drawer's contractual obligation to honor the bill when it becomes due.

What is the legal term used to describe the act of a holder of a negotiable instrument waiving their right to claim payment from the endorsers?

  1. Discharge

  2. Negotiation

  3. Endorsement

  4. Acceptance


Correct Option: A
Explanation:

Discharge is the legal term used to describe the act of a holder of a negotiable instrument waiving their right to claim payment from the endorsers. It can occur through various means, such as payment in full, cancellation, or alteration of the instrument.

What is the legal term used to describe the act of a drawee agreeing to pay a bill of exchange?

  1. Acceptance

  2. Endorsement

  3. Negotiation

  4. Protest


Correct Option: A
Explanation:

Acceptance is the legal term used to describe the act of a drawee agreeing to pay a bill of exchange. It is typically indicated by the drawee's signature on the face of the bill and creates a legal obligation for the drawee to pay the bill when it becomes due.

What is the legal term used to describe the act of a holder of a negotiable instrument presenting it to the drawee for payment?

  1. Negotiation

  2. Endorsement

  3. Acceptance

  4. Presentment


Correct Option: D
Explanation:

Presentment is the legal term used to describe the act of a holder of a negotiable instrument presenting it to the drawee for payment. It is a necessary step for the holder to take in order to enforce their right to payment.

What is the legal term used to describe the act of a drawee refusing to pay a bill of exchange?

  1. Dishonor

  2. Acceptance

  3. Endorsement

  4. Negotiation


Correct Option: A
Explanation:

Dishonor is the legal term used to describe the act of a drawee refusing to pay a bill of exchange. It occurs when the drawee fails to make payment upon presentment of the bill by the holder.

What is the legal term used to describe the act of a holder of a negotiable instrument transferring it to another person?

  1. Negotiation

  2. Endorsement

  3. Acceptance

  4. Presentment


Correct Option: A
Explanation:

Negotiation is the legal term used to describe the act of a holder of a negotiable instrument transferring it to another person. It involves the delivery of the instrument and the endorsement of the transferor, which enables the transferee to become the legal holder of the instrument.

What is the legal term used to describe a person who signs a negotiable instrument as a maker or drawer?

  1. Endorser

  2. Drawee

  3. Acceptor

  4. Payee


Correct Option:
Explanation:

Maker or Drawer is the legal term used to describe a person who signs a negotiable instrument as the primary obligor. In the case of a promissory note, the maker is the person who promises to pay the specified sum, while in the case of a bill of exchange, the drawer is the person who orders the drawee to pay the specified sum.

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