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Report No. 11

147. Section 91.-

Since section 91 relates only to bills of exchange we have transferred it to Part II of Appendix I. For the purpose of simplification, we have split the section into several sub-sections. We have also added a new provision1 on the lines of section 43(2) of the English Act as our Courts have already followed the principle contained therein.2

1. Section 122(2), App I.

2. Ram Ravji v. Prahlad, (1895) 20 Bom 133; Miller v. National Bank of India, (1891) 19 Cal 146.

148. Since dishonour may take place either by non-acceptance or by non­payment, we have inserted an introductory section1 to that effect.

1. Section 83, ibid.

149. Section 92.-In section 92, the cases of constructive dishonour already included in section 75 have been referred to in order to give a comprehensive view of the law.1

1. Seciton 84, ibid.

150. Sections 93-94.-Section 93 deals with dishonour by non-acceptance as well as by non-payment. Hence, the provision had to be repeated with necessary modifications in two Chapters, according to our scheme.1

As regards notice of dishonour for non-acceptance, we have adopted the provisions of section 48 of the Bills of Exchange Act, to explain clearly the effects of failure to give such notice.

That part of section 94 which deals with parties to whom notice is to be given, has been amalgamated with section 93, with some verbal changes to make the meaning clear.2

The remaining part of section 94 has been placed under three sections,3 dealing respectively with-

(a) the mode of giving notice;

(b) the time and place of giving notice; and

(c) the effect of miscarriage in post. As to the mode of giving notice we have omitted oral notice in order to impart more certainty to this important act.

1. Section 70, 125, ibid.

2. Section 85, ibid.

3. Section 86-88, ibid.

Negotiable Instruments Act, 1881 Back

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