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Report No. 11

60. Section 18.-

To section 18, we have added a Proviso, in the light of section 17(1) of the American Uniform Negotiable Instruments Law, to make it clear that if the words are ambiguous and uncertain, reference may be had to figures to fix the amount.

61. We have added two new sections relating to signatures. One of them provides that a person may sign in a trade or assumed name and become liable on such instrument. In the absence of a specific provision corresponding to section 23(1) of the Bills of Exchange Act, our Courts had to rely on general principles to come to a similar conclusion.1 We have thought it better to engraft a specific provision2 as in the English Act.

1. Zujya v. Manmohan, AIR 1940 Bom 164.

2. See section 26 of App I.

The other section1 deals with the effects of a forged or unauthorised signature. Though we have no provision corresponding to section 24 of the English Act, our Courts have held2 that forgery conveys no title. Several Chambers have suggested that we should have a specific provision in this behalf instead of leaving it to case law. We have, accordingly, adopted the provisions of section 24 of the Bills of Exchange Act.

1. See section 27 of App I.

2. See Venkateshwarlu v. Hymavatamma, AIR 1944 Mad 471.



Negotiable Instruments Act, 1881 Back




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