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Report No. 11

85. Sections 33-44.-

Since the provisions in sections 33-34 relate only to a bill of exchange, they have been placed in Part II of Appendix I, without any change.

86. Sections 34 as well as 91 assume the possibility of joint drawees but there is no specific provision in our Act corresponding to section 6(2) of the Bills of Exchange Act (or section 128 of the Uniform Negotiable Instruments Law) to indicate the proper mode of addressing a bill to two or more drawees. Since the principle embodied in the English provision is not inapplicable in India we have incorporated it in a new section.1

1. Section 111 of App I.

87. Similarly, we have no provision in our Act corresponding to section 5(1) of the English Act to provide that a bill may be drawn payable to the drawer or the drawee or to the order of either. Though the words 'certain person' in section 5 of our Act are wide enough to include the drawer or drawee, we have made this clear by inserting a new provision.1

1. Section 113, ibid.

Negotiable Instruments Act, 1881 Back

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