Login : Advocate | Client
Home Post Your Case My Account Law College Law Library

Report No. 11

35. Section 1.-

The Act has already been extended to the State of Jammu and Kashmir by the Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956), and the words "except the State of Jammu and Kashmir" in section 1 and the definition of "India" in section 3 have been omitted by that Act.

We have substituted the Saving Clause in section 1 by two new sections: one of them1 refers to the provision in section 31 of the Reserve Bank of India Act, 1934, which has taken the place of section 21 of the Indian Paper Currency Act, 1871. The other section2 seeks to replace the existing provision regarding instruments in oriental languages.

1. Section 2 of App I.

2. Section 3 of App I.

In pursuance of our views as explained in paragraphs 9 and 16, ante, we have made it clear that-

(a) The scope of the Act is restricted to 'negotiable instruments' as defined in the Act, that is, promissory notes, bills of exchange and cheques. It would follow that no provision in the Act would extend to or affect any usage relating to any instrument other than these three.

(b) If, however, an instrument conforms to the definition of a negotiable instrument, it shall be governed exclusively by the provisions of this Act, whatever the language in which it is written. In other words, if an instrument is a 'negotiable instrument' within the meaning of this Act, no usage relating to such instrument shall be permitted to defeat or modify the provisions of the Act. In any case, language will no longer be a test for determining whether the provisions of the Act are applicable to an instrument or not.

Negotiable Instruments Act, 1881 Back

Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys