business law (negotiable instrument act ii) presentation - unitedworld school of business

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    Continued

    LAW

    RELATING TO NEGOTIABLE

    INSTRUMENTS ACT

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    Negotiation may be defined as the process by which athird party is constituted the holder of the instrument so

    as to entitle him to the possession of the same and toreceive the amount due thereon in his own name.

    According to section 14 of the Act, when a promissory

    note, bill of exchange or cheque is transferred to anyperson so as to constitute that person the holder thereof,

    the instrument is said to be negotiated. The mainpurpose and essence of negotiation is to make thetransferee of a promissory note, a bill of exchange or a

    cheque the holder there of.

    NEGOTIATION

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    Negotiation thus requires two conditions to be fulfilled, namely:

    1. There must be a transfer of the instrument to another person;and

    2. The transfer must be made in such a manner as to constitutethe transferee the holder of the instrument.

    Handing over a negotiable instrument to a servant for safecustody is not negotiation; there must be a transfer with anintention to pass title.

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    Negotiation may be effected in the following two ways:

    1. Negotiation by delivery (Sec. 47): Where a promissory note or a

    bill of exchange or a cheque is payable to a bearer, it may benegotiated by delivery thereof.

    Example: A, the holder of a negotiable instrument payable tobearer, delivers it to Bs agent to keep it for B. The

    instrument has been negotiated.

    MODES OF NEGOTIATION

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    2. Negotiation by endorsement and delivery (Sec. 48): A

    promissory note, a cheque or a bill of exchange payable to ordercan be negotiated only be endorsement and delivery. Unless theholder signs his endorsement on the instrument and delivers it,the transferee does not become a holder. If there are morepayees than one, all must endorse it.

    MODES OF NEGOTIATION

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    Bills, notes and cheques represent debts and as such have beenheld to be assignable without endorsement. Transfer by

    assignment takes place when the holder of a negotiableinstrument sells his right to another person without endorsing it.The assignee is entitled to get possession and can recover theamount due on the instrument from the parties thereto. Of the

    two methods of transfer of negotiable instruments discussed,transfer by negotiation is recognised by the Negotiable

    Instrument Act.

    ASSIGNMENT

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    1. Negotiation requires delivery only to constitute a transfer,

    whereas assignment requires a written document signed by

    the transferor.

    2. Consideration is always presumed in the case of transfer by

    negotiation. In the case of assignment consideration must be

    proved.

    3. In case of negotiation, notice of transfer is not necessary,

    whereas in the case of assignment notice of the transfer

    must be given by the assignee to the debtor.

    NEGOTIATION AND ASSIGNMENT DISTINGUISHED

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    4. The assignee takes the instrument subject to all the defects

    in the title of the transferor. Ifthe title of the assignor was

    defective the title of the assignee is also defective. However,

    in case of negotiation the transferee takes the instrument

    free from all the defects in the title of the transferor. A holder

    in due course is not affected by any defect in the title of the

    transferor. He may therefore have a better title than the

    transferor.

    5. In case of negotiation a transferee can sue the third party in

    his own name. But an assignee cannot do so.

    NEGOTIATION AND ASSIGNMENT DISTINGUISHED

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    Delivery is a voluntary transfer of possession from one personto another. Delivery is essential to complete any contract on anegotiable instrument whether it be contract of making

    endorsement or acceptance. The property in the instrumentdoes not pass unless the delivery is fully completed. Section 46of the Act provides that a negotiable instrument is not made oraccepted or endorsed unless it is delivered to a proper person.

    For instance, if a person signs a promissory note and keeps itwith himself, he cannot be said to have made a promissory note;only when it is delivered to the payee that the promissory note ismade.

    IMPORTANCE OF DELIVERY IN NEGOTIATION

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    Delivery may be actual or constructive. Delivery is actual whenit is accompanied by actual change of possession of the

    instrument.

    Constructive delivery is effected without any change of actualpossession.

    IMPORTANCE OF DELIVERY IN NEGOTIATION

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    Theword endorsement in its literal sense means, writing onthe back of an instrument. But under the Negotiable

    Instruments Act it means, the writing of ones name on the

    back of the instrument or any paper attached to it with theintention of transferring the rights therein. Thus, endorsement

    is signing a negotiable instrument for the purpose ofnegotiation. The person who effects an endorsement is called

    an endorser, and the person to whom negotiable instrument istransferred byendorsement is called the endorsee.

    ENDORSEMENT

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    The following are the essentials of a valid endorsement:

    1. It must be on the instrument. The endorsement may be on the

    back or face of the instrument and if no space is left on theinstrument, it may be made on a separate paper attached to itcalled allonage. It should usually be in ink.

    2. It must be made by the maker or holder of the instrument. Astranger cannot endorse it.

    ESSENTIALS OF A VALID ENDORSEMENT

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    3. It must be signed by the endorser. Full name is not

    essential. Initials may suffice. Thumb-impression should be

    attested. Signature may be made on any part of theinstrument. A rubber stamp is not accepted but the

    designation of the holder can be done by a rubber stamp.

    ESSENTIALS OF A VALID ENDORSEMENT

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    4. It may be made either by the endorser merely signing his nameon the instrument (it is a blank endorsement) or by any wordsshowing an intention to endorse or transfer the instrument to a

    specified person (it is an endorsement in full). No specific formof words is prescribed for an endorsement. But intention totransfer must be present. When in a bill or note payable to orderthe endorsees name is wrongly spelt, he should when he

    endorses it, sign the name as spelt in the instrument and write thecorrect spelling within brackets after his endorsement.

    ESSENTIALS OF A VALID ENDORSEMENT

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    5. It must be completed by delivery of the instrument. Thedelivery must be made by the endorser himself or by somebodyon his behalf with the intention of passing property therein.

    Thus, where a person endorses an instrument to another andkeeps it in his papers where it is found after his death and thendelivered to the endorsee, the latter gets no right on theinstrument.

    ESSENTIALS OF A VALID ENDORSEMENT

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    6. It must be an endorsement of the entire bill. A partial

    endorsement i.e. which purports to transfer to the endorse a

    part only of the amount payable does not operate as a validendorsement.

    If delivery is conditional, endorsement is not complete untilthe condition is fulfilled.

    ESSENTIALS OF A VALID ENDORSEMENT

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    The payee of an instrument is the rightful person to make thefirst endorsement. Thereafter the instrument may be endorsed byany person who has become the holder of the instrument. The

    maker or the drawer cannot endorse the instrument but if any ofthem has become the holder thereof he may endorse theinstrument. (Sec. 51).

    The maker or drawer cannot endorse or negotiate an instrument

    unless he is in lawful possession of instrument or is the holderthere of. A payee or endorsee cannot endorse or negotiate unless

    he is the holder there of.

    WHO MAY ENDORSE?

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    1.Blank (or general) : No endorsee is specified in an

    endorsement n blank. t contains only the bare signature of theendorser. A bill so endorsed becomes payable to bearer.

    SPECIMEN: Motilal Poddar

    2. Special (or n full) : In such an endorsement, in addition to the

    signature of the endorse rthe person to whom or to whose orderthe instrument is payable is specified.

    SPECIMEN: Pay to B, Batliwala or order.

    S. Shroff

    DIFFERENT TYPES OF ENDORSEMENTS

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    3. Restrictive : Such an endorsement has the effect of restrictingfurther negotiation and transfer of the instrument.

    SPECIMEN: 1. Pay to A only S. Mukerjee

    2. For the account of A only N. Aiyar

    4. Conditional or qualified endorsement: Such an endorsement

    combines an order to pay with condition.SPECIMEN: Pay to A on safe receipt of goods.

    V. Chopra

    DIFFERENT TYPES OF ENDORSEMENTS

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    5. Sans Recourse : By adding these words after the endorsement,the endorser declines to accept any liability on the instrument ofany subsequent party. Sometimes where an endorser who so

    excludes his liability as an endorser afterwards becomes theholder of the same instrument. In such a case, all intermediateendorsers are liable to him.

    6. Sans Frais : These words when added at the end of theendorsement, indicate that no expenses should be incurred onaccount of the bill.

    DIFFERENT TYPES OF ENDORSEMENTS

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    7.Forged endorsement: The case of a forged endorsement isslightly different. If an instrument is endorsed in full, it cannotbe negotiated except by an endorsement signed by the person to

    whom or to whose order the instrument is payable, for theendorsee obtains title only through his endorsement. If anendorsement is forged, the endorsee acquires no title to theinstrument even if he is a bonafide purchaser. On the other

    hand, if the instrument is a bearer instrument or has beenendorsed in blank, and there is a forged endorsement the holdergets a good title because holder in such a case derives title bydelivery and not by endorsement. Bankers are specially protected

    against forged endorsement under section 85 of the Act.

    DIFFERENT TYPES OF ENDORSEMENTS

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    8. Facultative: When it is desired lo waive certain right, theappropriate words are added to indicate the fact, e.g., notice

    of dishonor dispensed with.

    DIFFERENT TYPES OF ENDORSEMENTS

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    The legal effect of negotiation by endorsement and delivery is:

    1. to transfer property in the instrument from the endorser tothe endorsee.

    2. to vest in the latter the right of further negotiation, and

    3. a right to sue on the instrument in his own name against allthe other parties (Section 50).

    EFFECTS OF ENDORSEMENT

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    When the holder of a negotiable instrument, without theconsent of the endorser destroys or impairs the endorsersremedy against prior party, the endorser is discharged fromliability to the holder to the same extent as if the instrument hadbeen paid at maturity (Section 40).

    CANCELLATION OF ENDORSEMENT

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    Negotiation back is a process under which an endorsee comes

    again into possession of the instrument in his own right. Wherea bill is re-endorsed to a previous endorser, he has no remedyagainst the intermediate parties to whom he was previouslyliable though he may further negotiate the bill.

    NEGOTIATION BACK

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    Continued

    RIGHTS AND LIABILITIES OF

    PARTIES

    By: - Gaurav Chettri

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    Holder in due course gets the following right under the Act:

    1.Holder in due course can file a suit in his own name againstthe parties liable to pay. He is deemed prima facie to be a holderin due course(Sec118).

    2.Every prior party to the instrument is liable to a holder in duecourse until the instrument is duly satisfied(Sec36).

    RIGHTS AND LIABILITIES OF PARTIES

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    3.Even if the negotiable instrument is made withoutconsideration, if it gets into the hand of the holder in duecourse, he can recover the amount on it from any of the prior

    parties thereto.

    4.The person liable cannot plead against the holder in due

    course that the instrument had been lost or was obtained bymeans of an offence or fraud or for an unlawfulconsideration(Sec58).

    RIGHTS AND LIABILITIES OF PARTIES

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    5. The validity of the instrument as originally made or drawncannot be denied by the maker or drawer of a negotiable

    instrument or by acceptor of a bill of exchange for honor ofthe drawer(Sec120).

    6. The other parties liable to pay cannot plead that the deliveryof the instrument was conditional or for a specific purposeonly(Sec46).

    RIGHTS AND LIABILITIES OF PARTIES

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    1.Liability of drawer: -

    The drawer of a bill of exchange or a cheque is bound, in caseof dishonor by the Drawee or acceptor thereof to

    compensate the holder provided due notice of dishonor hasbeen given to, or received by the drawer. The drawer or makerof a promissory note is personally responsible to the holderthereof. The liability of a drawer arises only when he hasreceived the notice of dishonor from the holder. Omission ofthe notice would discharge the drawer form the liability on thenegotiable instrument. Drawer may exclude the liability byadding the words 'without recourse 'on the instrument.

    LIABILITY OF PARTIES:

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    3.Liability of acceptor in case of forged instrument:

    An acceptor of a bill of exchange, already indorsed is not

    relieved from liability by reason that such an endorsement isforged, if he knew or had reason to believe the endorsementis forged, when he accepted the bill. The effect of thissection is that if the Drawee has no knowledge of forging

    while accepting the bill, he is relieved from liability. However,if he has knowledge that the endorsement is forged and yethe accepts the bill, he cannot plead forgery after suchacceptance. He will be liable to pay the amount to the holderand also to the real owner.

    LIABILITY OF PARTIES

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    2. Liability of a maker of promissory note and acceptor of a bill

    In the absence of a contract to the contrary, the maker of apromissory note and the acceptor before maturity of a bill of

    exchange are bound to pay the amount thereof at maturityaccording to the apparent tenor of the note or acceptance,respectively. The acceptor of the bill of exchange at or aftermaturity is bound to pay the amount thereof to the holder on

    demand. Indefault of such payment as aforesaid, such maker oracceptor is bound to compensate any party to the note or bill forany loss or damage sustained by him and caused by such default.

    LIABILITY OF PARTIES

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    CROSSING OF CHEQUES

    By: - Kajal Kumar Modal

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    A Cheque is crossed generally when:

    1. It has to transverse parallel lines marked across its face;

    or2. It bears an abbreviation & Co. between he traverse

    parallel lines; or

    3. It bears the word Not Negotiable between the two

    parallel lines (Sec. 123)

    CHEQUES CROSSED GENERALLY

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    A cheque crossed generally will be paid to the bankerthrough which it is presented. It is a direction to the Draweebanker to pay the sum only through a banker. where acheque is generally crossed, the banker on who m it is drawnshall not pay it otherwise than to a banker.

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    Where a cheque is crossed by two parallel transverse linesand the name of the banker is written between the twoparallel lines, with or without words, not negotiable it iscalled specialcrossing(sec.124). It may be noted that twotransverse lines are not necessary in special crossing. Thebanker on whom it is drawn shall not pay it otherwise thanto a banker to whom it is crossed, or his agent for collection(sec 126.).It will paid only when presented by the banker.

    CHEQUE CROSSED SPECIALLY.

    (SEC 124 & 126)

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    Any cheque issued in two names banker and party towhom it is be credited will not fall on the category ofcheque which must be issued on the name of one party. Thename of the party to whom it is be credited is the payee andthe barker whose name appears on the cheque is thecollecting banker only.

    CONTD.

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    CONT.

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    A cheque cannot be crossed more than once specially,except the banker on whom it is crossed specially cancrossed it again to his agent for purpose of collection only.If the cheque is crosses specially more than once, the bankerhas a right to refuse payment thereof.

    PAYMENT OF CHEQUE CROSSED

    SPECIALLY MORE THAN ONCE: (SEC

    127)

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    Often cheques are crossed with two parallel transverse linesand in between the two parallel lines the words a/cpayeeor a/c payee only are written. This means that theproceeds of the cheque are to be credited to the account ofthe payee only. This type of crossing is called restrictivecrossing. Insertion of words a/c payee do not restrictits negotiability. It serves a good protection to drawer fromloss or theft.

    CHEQUES CROSSED A/C. PAYEE:

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    SPECIMENS OF CHEQUE CROSSED

    A/C PAYEE OR RESTRICTIVE

    CROSSING

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    A cheque crossed generally or specially may bearadditional words not negotiable. A person taking a chequecrossed generally or specially bearing in either case of wordsnot negotiable shall not have and shall not be capable ofgiving a better title to the transferee than that which theperson from whom he took it had.

    CHEQUE BEARING NOT

    NEGOTIABLE

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    Crossing of cheque other than that authorized by the act isunlawful. The following crossings are permissible.

    1. Where a cheque is uncrossed, the holder may cross itgenerally or specially.

    2. Where a cheque is crossed generally, the holder may crossedit specially.

    3. Where a cheque is crossed generally or specially ,the holdermay adds the words notnegotiable.

    4. Where a cheque is crossed specially, the banker to whom itis crossed may again cross it specially to another banker or

    his agent, for collection.

    CROSSING AFTER ISSUE (SEC 125)

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    A crossed bearer cheque can be negotiated by delivery and,therefore, this is not absolutely safe. The crossed cheque can benegotiated by endorsement and delivery only, which affords

    greater safety than a crossed bearer cheque. A cheque cannot becrossed specially more than once. There is only one exceptionto this rule, for eg. only special crossing may require secondcrossing and that too only in one case, for eg. Where such a

    crossing is made, a banker may once again cross it in favour ofhis agent for collection. The banker has a right to refusepayment where a cheque is crossed more than once.

    CONT

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    DISHONOR OF CHEQUE

    By: - Raj Roy

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    1. Funds are not properly applicable to the payment of thecheque. For example, funds are subject to a lien, or bankers is entitledto set-off.

    2. Cheque is irregular or ambiguous cheque.

    3. Customer becomes insolvent

    4. Death, lunacy or insolvent of the customer and the banker

    has notice of the same.5. Post-dated cheque is presented before its ostensible date. It is

    payable on the date mentioned on it but not before althoughit is negotiable before the due date of payment.

    WHEN BANKER IS JUSTIFIED IN DISHONOURING OF THE CHEQUE:

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    7. If the drawers signature does not tally with his specimensignature. If signatures on cheque or at least that of one ofjoint signatures to cheque are not or is not genuine, there is

    no mandate on bank to pay.8. If the banker is not holding sufficientfunds of the drawer

    unless the banker has agreed to honour the cheque withoutsufficient funds.

    9. Cheque presented beyond the period of six months from thedate of issue.

    CONTD..

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    10. If the customer countermands payment andcommunicates the same to the bank properly. If the bankerpays in spite of drawer countermanding payment, the banker

    cannot debit the amount to the account of the drawer.Customer should countermand payment by notice in writingto the banker giving correct particulars of the cheque.

    Telegraphic message is not sufficient. The banker must

    receive the notice of it before paying the cheque in ordinarycourse.

    11. Holder gives notice to the banker of loss of cheque.

    CONTD..

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    11. If the cheque is not presented within the usual bankinghours.

    12. Where the cheque is drawn of another branch office of thesame bank where the customer dose not have an account.

    13. Where a garnishee order has been issued by Courtattaching customers balance [ Garnishee is a person liable to pay

    the debt on behalf of the judgement debtor. ]

    CONTD..

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    BANKER CUSTOMER

    RELATIONSHIP

    By : - Deepak Kumar Singh

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    Banking has been defined as Accepting for the purpose oflending or investment of deposits or investment from hepublic, repayable on demand or otherwise and withdrawal bycheque, draft, order or otherwise.

    WHAT IS BANKING

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    A banker is a dealer in capital or more properly a dealer inmoney.

    He is intermediate party between the borrow and the lender.He borrows from one party and lends to another.

    A customer is a person who maintains an account with thebank, without taking into consideration the duration and

    frequency of operation of his account.

    WHAT IS BANKER AND CUSTOMER?

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    Debtor and creditor

    When a customer deposit money with the bank, the bank

    then is the debtors and the customer is the creditors.Creditor and debtors

    If customer is advanced loan then the banker become

    creditor and customer is debtor.

    GENERAL RELATIONSHIP

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    Principal and agent

    The customer(principal) deposits cheque, drafts, dividends for

    collection with the bank.

    He also gives written instructions to the bank to purchasesecurities, pay insurance premium, installment of loan etc on his

    behalf.

    When the bank performs such agency services, he becomes anagent of his customers.

    CONTD..

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    Bailer and Bailment relationship

    A bailment relationship is the delivery of goods in trust. A

    bank may accept the valuables of his customers such asjewellery, documents, securities for safe custody.

    In such cases the customer is the bailer and the bank is

    bailee, which charges a very small amount for safe custodyof valuables.

    CONTD..

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    Pawner and pawnee

    When a customer pledge goods and documents as security

    for advance he then become pawner(pledger) and the bankbecomes the pawnee(pledgee).

    The pledged goods are to be returned intact to the pawner

    after the debt is repaid by him.

    CONT.

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    When a customer pledges a specific immovable propertywith the bank as security for advance, the customer becomesmortgager and the banker is mortgagee.

    Banker as a trustee

    The bank also acts as executor, attorney and guarantor for

    his customer.

    MORTGAGER AND MORTGAGEE

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    Rights of customers:

    A customer who has deposited money can draw cheque onhis account up to to the extent of his credit balance oraccording to overdraft limit sanctioned by the bank.

    A customer has the right to sue the bank for compensation

    if the bank fails to maintain secrecy of the account orwrongful dishonor of his cheque.

    RIGHTS AND DUTIES OF THE CUSTOMER TOWARDS THE BANKER.

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    It is the duty of the customer to present cheques and othernegotiable instruments during business hour of the bank.

    The instruments of credit should be presented by the customerwith in due date from their dates of issue.

    A customer must keep the cheque books issued by the bank insafe custody. In case of theft or loss or forge in the account ofthe cheque issue by him, it is duty of the customer to report thematter immediately to the bank.

    DUTIES OF CUSTOMER

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    Duties or obligation of a banker

    To honor a customer cheque

    The banker is to honor the cheque of customers provided thecheque are properly drawn, customer has balance to his credit,the loan contract has been signed or there is no legal barattaching to customer fund.

    It is the duty of the bank to abide by the standing orders of thecustomers in making periodical payment on his behalf such asclub, library, insurance premium etc.

    RIGHT AND DUTIES OF THE BANKER TOWARDS CUSTOMER

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    The bank owes a contractual duty not to disclose thecustomers financial position without his consent.

    However the obligation of secrecy is not considered on thefollowing occasions.

    a. When banker is required to give evidence in the court.

    b. When there is national emergency and disclosure is

    essential in the public interest.c. When there are clear proofs of treason to state.

    SECRECY OF THE CUSTOMER ACCOUNT

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    Right to set off:

    It is a right of the banker to adjust his outstanding loans in thename of the customer from his credit balance of any of theaccount he is maintaining with the bank.

    Right to charge interest, commission etc.

    Right to lien

    A banker has the right to retain the property belonging tocustomer until the debt due from him has been paid.

    RIGHTS OF A BANKER

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    DISCHARGE OF PARTIES

    FROM LIABILITIES

    By : - Abhijeet Dhoble

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    Discharge of instrument and discharge of parties from liabilityis not the same. A party may be discharged from liability, but theinstrument may be yet in existence as the rights and obligationsof the other parties still exist, It is only when the party

    ultimately liable on the instrument is discharged. Discharge ofone or more parties to the instrument does not, therefore,discharge the instrument.. Discharge from liability may beeffected by operation of law or by agreement between the

    parties [Union of India v. KishorilalAIR 1959 SC 1362].Parties may be discharged form liability on a negotiableinstrument in any of the following ways:

    DISCHARGE OF PARTIES FROM LIABILITY

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    When a maker, acceptor or endorser makes payment on aninstrument in due course to the person entitled to receive

    payment in accordance with the apparent tenor of theinstrument in good faith and without negligence, discharges

    the parties to the instrument

    1. BY PAYMENT [SEC. 82(C)]

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    When the holder or his agent cancels or strikes out the nameof the acceptor or indorser with intention to discharge him,

    such party is discharged from liability to the holder and to allsubsequent parties. Cancellation by mistake does not

    discharge the party. It must be intentional. Cancellation mustbe legible and apparent on the face of the instrument.

    2. BY CANCELLATION [SEC. 82(A)]

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    Where the holder discharges or releases the maker, acceptoror indorser, such party receiving notice of discharge isdischarged to the holder and to all subsequent parties.

    Holder may, therefore, discharge any one of the parties byagreement, renunciation or by accord and satisfaction.

    3.BY RELEASE [SEC. 82(B)]

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    a) Allowing Drawee more than 48 hours: (Sec. 83) By thisall previous parties not consenting to such allowance are

    thereby discharged from liability to such holder.

    b) Parties not consenting to qualified or limited acceptance:(Sec. 86)If the holder of a bill exchange accept

    qualified acceptance, all previous parties whose consentto such qualified acceptance is not obtained are

    discharged, unless the holder gives a notice thereof andthe parties give their assent to such qualified acceptance.

    3.BY DEFAULT OF THE HOLDER:

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    C) Delay in presentment of cheque and drawer damagedthereby: (Sec. 84)When the holder of the cheque does notpresent the cheque for payment with in a reasonable time ofits issue and the drawer suffers actual damage, the drawer is

    discharged to the extent of such damage.

    D) Delay in presentment for payment: - When the instrument is

    not presented for payment with in reasonable time.

    E) Failure to give notice of dishonour: - When the holder failsto give notice of dishonour to all previous parties where

    necessary.

    CONTD..

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    Any material alteration of a negotiable instrument renders thesame avoid as against any one who is a party thereto at the time

    of making such alteration and does not consent thereto, unless it

    was made in order to carry out common intention of the originalparties. Any such alteration if made by endorsee discharges theindorser from all liability to him in respect of the consideration

    thereof.

    Material alteration without consent of the other parties theretorenders the alteration void and discharges the parties to the

    instruments because by alteration the identity of the instrumentis destroyed. Accidental alteration does not render a document

    invalid.

    5. BY MATERIAL ALTERATION

    [SEC. 87 - 89]

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    Where a holder of a negotiable instrument without consentof the indorser, destroy or impairs the indorsers remedy

    against a prior party, the indorser is discharged from his

    liability to the holder to the same extent as if the instrumenthad been paid at maturity.

    6. HOLDER DESTROYING

    INDORSERS REMEDY: [SEC. 40]

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    7. DRAFT INDORSED BY PAYEE:

    [SEC. 85 (A)]

    Where any draft, that is, an order to pay money, drawn byone office of a bank upon another office of the sane bankfor a sum of money payable to order on demand, purportsto be endorsed by or on behalf of the payee, the bank isdischarged by payment in due course. Draft are drawn byone branch of a bank upon its another branch. The accountof the customer is debited ad the amount is transferred toanother branch of bank on which the draft is drawn. Whenpayment is made by the branch office of the bank upon

    which it is drawn, to the payee or to the person endorsed bythe payee, the bank is discharged.

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    Where a cheque is payable to order the Drawee is dischargedby payment in due course. Where a cheque is originally

    expressed to be payable bearer, the Drawee is discharged by

    payment in due course to the bearer thereof. Banker will beDischarged only when payment is made in due course.

    8. DISCHARGE OF DRAWEE

    (BANKER) OF A CHEQUE: [SEC. 85]

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    9. BY OPERATION OF LAW

    Parties to the instrument are also discharged by operation oflaw under following circumstances: -

    I. By an order of the insolvency Court discharging theinsolvent.

    II. When debt under the bill is merged into the judgementdebt.

    III. By Remedy becoming time-barred.

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    CAMPUS OVERVIEW

    907/A Uvarshad,GandhinagarHighway, Ahmedabad382422.

    Ahmedabad Kolkata

    Infinity Benchmark, 10thFloor, Plot G1,Block EP & GP,Sector V, Salt-Lake,Kolkata700091.

    Mumbai

    Goldline Business CentreLinkway Estate,Next to Chincholi FireBrigade, Malad (West),Mumbai400 064.

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