Report No. 185

Section 117

In the 69th Report, it was pointed out (see para 59.5) that in the 11th Report of the Commission (at ;p. 66, para 164) it was recommended that the portion of section 117 which relates to the acceptor of a bill of exchange, be transferred to the Negotiable Instruments Act as section 104. (See also page 113, draft of section 104 and p 151 of Appendix III of the 11th Report). But, in the 69th Report there is no positive recommendation for such transfer. No doubt in para 59.7, the 69th Report states that no amendment is required in the remaining part of the section.

We do not think that it is necessary to shift the first part of section 117 to the Negotiable Instruments Act. For that matter, there are presumptions relating to landlord and tenant and other relationships of bailees, etc. contained in the Evidence Act and if there is not need to transfer them to the Transfer of Property Act or the Contract Act, there is equally no need to transfer the first part of section 117 to the Negotiable Instrument Act.

We, therefore, do not recommend any amendment to section 117.