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Report No. 11

127. Section 71.-

Verbal alternation have been proposed in section 71 to indicate that it is the residuary provision1 relating to the place presentment.

1. Section 73(6)(iv), ibid.

128. We have added an Explanation1 to clarify what is meant by the words "specified place" in the foregoing group of provisions as there are conflicting decisions regarding the interpretation of these words.2 The question arose particularly where the name of a town was mentioned without giving any address within the town. In conformity with the result of these decisions, we have provided that "specified place" means a place described with sufficient particularity in the instrument to enable the person presenting an instrument to identify the place where the person sought to be charged with liability is to be found. It is not sufficient merely to say, for example, "city of Calcutta" but a specified place in that city should be mentioned.

1. Expl., to section 73, ibid.

2. Shaik Md. v. Abdul, AIR 1937 Lah 259; Dungarmull v. Shambu, AIR 1951 Cal 55.

Negotiable Instruments Act, 1881 Back

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