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Neolexvision Blogs - One of the best experts on this subject based on the ideXlab platform.
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is decriminalisation of section 138 of Negotiable Instrument act 1881 a step ahead
Social Science Research Network, 2020Co-Authors: Sakshi Satnalika, Neolexvision BlogsAbstract:With the increase in trade and commerce, cheques and other Negotiable Instruments emerged as effective modes of discharging one’s debt liabilities under contracts or otherwise, especially by MSMEs and small traders. Thus, with the intention to maintain the creditability in cheques and to provide protection against the unscrupulous use of cheques, section 138 of the Negotiable Instrument Act, 1881 (for brevity NI Act) was enacted. This article provides a brief overview of Section 138 of the Negotiable Instrument Act, 1881. It also highlights the governments decision of decriminalization of Section 138 of the Negotiable Instrument Act, 1881.
Kritarth Pandey - One of the best experts on this subject based on the ideXlab platform.
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mismatch of signature under section 138 of the Negotiable Instrument act
Social Science Research Network, 2014Co-Authors: Kritarth PandeyAbstract:Chapter XVII of the Negotiable Instruments Act, 1881 (the Act), was enacted to give effect to the legislative intent of the statute which it sought to achieve and to inculcate faith in the efficacy of banking operations and maintaining the credibility of the banking transactions. It seeks to prevent the misuse of the provisions of the Act and therefore, necessitates that a wider interpretation be imparted to it. However, over the years the operation of Section 138 of the Act has not been adequate to meet the needs of the society. The language of the Section itself is unsatisfactory as it restricts its scope. The Supreme Court, has assumed the role of a parliamentarian to ensure the effective compliance of law through a recent case of M/s Laxmi Dyechem v. State Of Gujarat & Ors, wherein it has endeavoured to accord to the Section a broad scope to cover all aspects for prevention of misuse of the provisions of the Act, which may occur due to the restricted language of Section 138 of the Act.The purpose of this project is to study the object and scope of Section 138 and analyze the implications of recent decision of the apex court on the dishonor of cheque due to mismatch of signature.
Sakshi Satnalika - One of the best experts on this subject based on the ideXlab platform.
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is decriminalisation of section 138 of Negotiable Instrument act 1881 a step ahead
Social Science Research Network, 2020Co-Authors: Sakshi Satnalika, Neolexvision BlogsAbstract:With the increase in trade and commerce, cheques and other Negotiable Instruments emerged as effective modes of discharging one’s debt liabilities under contracts or otherwise, especially by MSMEs and small traders. Thus, with the intention to maintain the creditability in cheques and to provide protection against the unscrupulous use of cheques, section 138 of the Negotiable Instrument Act, 1881 (for brevity NI Act) was enacted. This article provides a brief overview of Section 138 of the Negotiable Instrument Act, 1881. It also highlights the governments decision of decriminalization of Section 138 of the Negotiable Instrument Act, 1881.
Ashish Sharma - One of the best experts on this subject based on the ideXlab platform.
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An Analysis of Promissory Note and Bill of Exchange Under Negotiable Instrument Act, 1881
SSRN Electronic Journal, 2012Co-Authors: Ashish SharmaAbstract:This article deal with promissory note(section 4) and bill of exchange (section 5) under Negotiable Instrument 1881. It write not only difference between section 4 and section 5 of Negotiable Instrument but also case law related to these sections.
Dong Hui-jian - One of the best experts on this subject based on the ideXlab platform.
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On Negotiable Instrument Counterplea in the United Nations Convention on International Bills of Exchange and International Promissory Notes
Northern legal science, 2009Co-Authors: Dong Hui-jianAbstract:the United Nations Convention on International Bills of Exchange and International Promissory Notes was adopted in 1988 and open to sign in 1990. This Convention is the latest and most important achievement in the unity of international laws on Negotiable Instrument,unfortunately,in our Mainland there is still lack of systematic literature research. Excluding the application of domestic laws,the Convention applies only to "International Negotiable Instrument",but the research thereon is still necessary for our Country to participate the international economy in terms of application of Negotiable Instrument,and beneficial to domestic legislation on Negotiable Instrument. Differences between the two major legal systems are expressed by Negotiable Instrument counterplea in this Convention. This paper focuses on Negotiable Instrument counterplea and its acquisition in good faith,and aims to construct the basic exclusionary rules for counterplea. Since the content and form of this Convention are more of common law system style,this paper attempts to interpret the relevant rules in accordance with the counterplea classification set by the traditional Geneva laws so as to cushion the sense of conflict by some of our country's scholars. In addition,comparative studies on two legal systems with regard to this Convention,both positive and critic comment on this Convention and reviews on our Country's current regulations are also included in this paper to enlarge the research vision of Negotiable Instrument laws.
