Question Bank - Banking & Financial Services

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Which of the following is NOT a presumption about a negotiable instrument?1. Date2. Consideration3. Stamp4. Absolute and good title to the transferee

A.
1
B.
2
C.
3
D.
4

Solution:

The Negotiable Instruments Act, 1881 provides for various kinds of presumptions and estoppel (Estoppel is a legal principle that prevents someone from arguing something or asserting a right that contradicts what they previously said or agreed to by law). A presumption is a rule of law that is used by courts or juries from where they obtain a particular inference from a particular fact or evidence, unless and until the truth of such an inference is disproved. Presumptions as to negotiable instruments (sec. 118) :Until the contrary is proved, the following presumptions shall be made:--of consideration:-- that every negotiable instrument was made or drawn for consideration, and that every such instrument, when it has been accepted, indorsed, negotiated or transferred, was accepted, indorsed, negotiated or transferred for consideration;as to date:-- that every negotiable instrument bearing a date was made or drawn on such date;as to the time of acceptance: that every accepted bill of exchange was accepted within a reasonable time after its date and before its maturity;as to the time of transfer:-- that every transfer of a negotiable instrument was made before its maturity;as to order of indorsements:-- that the indorsements appearing upon a negotiable instrument were made in the order in which they appear thereon;as to stamp:-- that a lost promissory note, bill of exchange or cheque was duly stamped;that holder is a holder in due course:-- that the holder of a negotiable instrument is a holder in due course: provided that, where the instrument has been obtained from its lawful owner, or from any person in lawful custody thereof, by means of an offence or fraud, or has been obtained from the maker or acceptor thereof by means of an offence or fraud, or for unlawful consideration, the burden of proving that the holder is a holder in due course lies upon him.

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