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Negotiable Instrument Act - 1

Description: Negotiable Instrument Act - 1
Number of Questions: 15
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The Negotiable Instrument Act is to define and amend the law relating to

  1. promissory notes

  2. bills of exchange

  3. cheques

  4. All of the above


Correct Option: D
Explanation:

Preamble of the Negotiable Instrument Act is an act to define the law relating to promissory notes, bills of exchange and cheques.

A promissory note, bill of exchange or cheque drawn or made in India, and made payable in or drawn upon any person resident in India shall be deemed to be a/an

  1. inland instrument

  2. foreign instrument

  3. native instrument

  4. None of these


Correct Option: A
Explanation:

As defined under the Negotiable Instrument Act, a promissory note, bill of exchange or cheque drawn or made in India, and made payable in or drawn upon any person resident in India shall be deemed to be an inland instrument. 

When the last day of grace falls on a day which is a public holiday, the instrument is due and payable on

  1. the succeeding business day

  2. the due date after grace period, i.e. on public holiday

  3. the due date before grace period

  4. the preceding business day


Correct Option: D
Explanation:

When the last day of grace falls on a day which is a public holiday, the instrument is due and payable on the preceding business day.

'Sans Frais' words are added at the end of the endorsement to indicate that

  1. no expenses should be incurred on account of the bill

  2. expenses should be incurred on account bill

  3. expenses should be incurred on account of the bill only to the extent of 5% of the bill amount

  4. expenses should be incurred on account of the bill only to the extent of 10% of the bill amount


Correct Option: A
Explanation:

Where the endorser does not want the endorsee or any subsequent holder to incur any expense on his account on the instrument, the endorsement is ‘sans frais’.

A negotiable instrument means a _______ payable either to order or to bearer.

  1. promissory note

  2. bill of exchange

  3. cheque

  4. All of the above


Correct Option: D
Explanation:

Preamble of the Negotiable Instrument Act defines a negotiable instrument as a promissory note, bill of exchange and cheque payable either to order or to bearer.

A cheque which is truncated during the course of a clearing cycle, either by the clearing house or by the bank whether paying or receiving payment, immediately on generation of an electronic image for transmission, substituting the further physical movement of the cheque in writing is called

  1. a truncated cheque

  2. a cheque in the electronic form

  3. a mirror cheque

  4. None of these


Correct Option: A
Explanation:

A truncated cheque is a cheque which is truncated during the course of a clearing cycle, either by the clearing house or by the bank whether paying or receiving payment, immediately on generation of an electronic image for transmission, substituting the further physical movement of the cheque in writing.

Which of the following is a valid promissory note?

  1. “A, I owe you some amount.”

  2. “A, I owe you Rs. 1000.”

  3. “I promise to pay A or order Rs. 1000."

  4. “I promise to pay the bearer Rs. 1000."


Correct Option: C
Explanation:

A valid promissory note is a signed document containing a written promise to pay a stated sum to a specified person or the bearer at a specified date or on demand. “I promise to pay A or order Rs. 1000” is a valid promissory note. 

Which written instrument signed by the maker is a promissory note?

  1. "Mr. B, I owe you one thousand rupees."

  2. "Mr. B, I will pay you ten thousand rupees after my marriage."

  3. "Mr. B, I will pay you on demand."

  4. "Mr. B, I will pay you one thousand rupees on demand."


Correct Option: D
Explanation:

A valid promissory note is a signed document containing a written promise to pay a stated sum to a specified person or the bearer at a specified date or on demand. "Mr. B, I will pay you one thousand rupees on demand" is a valid promissory note.

Crossing of cheque may be

  1. general only

  2. special only

  3. general or special

  4. None of these


Correct Option: C
Explanation:

This crossing can be made in both general and special crossing by adding the words 'account payee' or 'A/C payee only'.

Where the amount ordered to be paid is stated differently in figures and in words, the amount stated in

  1. figures shall be the amount ordered to be paid

  2. words shall be the amount ordered to be paid

  3. there will not be payment due to ambiguity

  4. None of these


Correct Option: B
Explanation:

Where the amount ordered to be paid is stated differently in figures and in words, the amount stated in words shall be the amount ordered to be paid.

Where an instrument may be construed either as a promissory note or a bill of exchange,

  1. it will be treated as a promissory note

  2. it will be treated as a bill of exchange

  3. the holder may, at his election, treat it as either a bill of exchange or a promissory note

  4. None of these


Correct Option: C
Explanation:

Where an instrument owing to its faulty drafting may be construed either as a promissory not or a bill of exchange is known as an ambiguous instrument. The holder of such instrument may, at his election, treat it as either a bill of exchange or a promissory note.

Which of the following statements is correct?

  1. The making of a promissory note is completed by its execution.

  2. The making of a cheque is completed by its execution.

  3. A cheque payable to a bearer is not negotiable by its delivery.

  4. A cheque payable to order is negotiable by the holder by endorsement and delivery.


Correct Option: D
Explanation:

Where a cheque payable to order purports to be endorsed by or on behalf of the payee, the drawee is discharged by payment in due course.

A bill of exchange may be dishonoured by

  1. non-acceptance only

  2. non-payment only

  3. non-acceptance or non-payment

  4. None of these


Correct Option: C
Explanation:

A negotiable instrument may be dishonoured by non-acceptance or non-payment. It is only the bills of exchange which may be dishonoured by non-acceptance. Of course, any type of negotiable instrument - promissory note, bill of exchange or cheque - may be dishonoured by non-payment.

Where in a promissory note or a bill of exchange, the expressions “at sight” and “on presentment” are mentioned. It means that it is payable

  1. on demand

  2. after acceptance

  3. on non-acceptance

  4. None of these


Correct Option: A
Explanation:

In a promissory note or a bill of exchange, the expressions “at sight” and “on presentment” mean "on demand". The expression “after sight” in a promissory note means after presentment for sight, and in a bill of exchange after acceptance or noting for non-acceptance or protest for non-acceptance.

A negotiable instrument made, drawn, accepted, indorsed or transferred without consideration creates ________ of payment between the parties to the transaction.

  1. no obligation

  2. an obligation

  3. a responsibility

  4. None of these


Correct Option: A
Explanation:

A negotiable instrument made, drawn, accepted, indorsed or transferred without consideration or for a consideration which fails, creates no obligation of payment between the parties to the transaction. But if any such party has transferred the instrument with or without indorsement to a holder for consideration, such holder, and every subsequent holder deriving title from him, may recover the amount due on such instrument from the transferor for consideration or any prior party thereto.

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