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COERCION,

instrument obtained under invalid, 34

See Fraud.
COINCIDENCE of Liability and Right of Action,

is discharge of acceptor, 140
COMPANIES Act (VI of 1882)

references to in text, 15,57

appendix, 197-199
COMPENSATION,

rules as to, when instrument dishonored, 174,175
COMPUTATION,

of time of payment of note or bill, 49–52

of sum payable for purposes of Stamp Act, 210
CONCISE STATEMENTS,

of plaints, under Civil Procedure Code, forms of, 237,238
ConditIONAL,

note or bill, 13,20
delivery, of instrument absolute in form, 89
indorsement, 95

acceptance, 129
CONSIDERATION,

statement of in instrument, 18
presumption as to, 19,22,176,177
definition of, 32,200
illustrations of what is, 32
adequacy or inadequacy of, 34
absence or want of, 83
illegal or fraudulent, 85,98
partial absence or failure of, not being money, 86
affecting, stamp duty, to be set out in instrument, 211

penalty for omitting so to do, 213
CONSTRUCTIVE DELIVERY,

87,88
CONTINGENCY,

instrument must not be payable on,
CONTRACT ACT (IX of 1872)

references to in text, 32, 34, 36, 53, 56, 60—65, 71, 80, 81, 119

appendix, 200-207
CORPORATION,

effect of affixing seal of, to negotiable instrument, 14
capacity of, to incur liability, 57, 59
not empowered by Act to make, &c., negotiable instrument, 58, 59
power to transfer negotiable instruments, 60

13

CORPORATION-continued.

bill drawn on, accepted by officer in name of, 66
under Indian Companies Act, 197–199
publication of name in contracts, 197
how contracts made by, 198

execution of notes, bills and hundis by, 198
CROSSED CHEQUE,

material alteration of, 131
of which crossing not apparent or obliterated, 137,140
crossed generally, 182

specially, 183
negotiability of, 183
payment of cheque crossed generally, 183

specially, 184

more than once, to be refused, 184
payment in due course of, 184
effect of words “not negotiable” on, 185,186

protection to collecting banker, 187
CROSSED CHEQUES ACT,

references to in text, 8,139,182,187
Custom. See Hundi-Usage.
CUSTOMER,

banker's relations with, 68
DAMAGES,

against banker for dishonoring cheque, 69

See Compensation.
DATE,

omission of, in negotiable instrument, 19,22,24
when note payable after, to be presented, 116
from what, interest runs, 121,122
alteration of, 133
of protest, 162
presumption as to, 176
penalty for post-dating under Stamp Act, 213

See Limitation Act.
Days,

bow calculated, 51
Days OF GRACE. See Grace, Days of
DEATH,

of drawer, revocation of bankers' authority, 26
of person to accept or
on, of holder, legal representative cannot negotiate by mere
delivery, 9

ay bill; 116

Deate-continued.

of person, to whom notice of dishonor sent, 148,153

See Presentment.
DEBT,

effect of taking cheque in payment of, 25

pre-existing as consideration for note or bill, 32
DEFINITIONS

of terms used in the Act, 11-49
DELIVERY,

necessary, to complete note, bill, acceptance, or indorsement, 15,

27,40,44,73,87,89-91
of inchoate instrument, 47
by legal representative, 67,98
conditional, 87,88
constructive, 87,88
negotiation by, 87,89

must be with intent to pass property in the instrument, 89
DEMAND,

wbat instruments are payable on, 44
instruments, are negotiated by delivery, 89
not necessary to present note payable on demand, 108
stamp on instrument payable on demand, 214

limitation, 221
DESTRUCTION,

of instrument with intention of cancelling, 138,139
DISCHARGES FROM LIABILITY,

by dealings with principal debtor, 80
release of one of two joint promisors not a discharge of both,

81,202
by allowing drawee more than twenty-four hours to deliberate

as to acceptance, 108,128
payment, 124
cancellation, 124
release or satisfaction in other ways, 124,125
not presenting cheque, if drawer damaged, 126

payment of cheque, purporting to be indorsed by payee, 126
of previous parties by holder taking qualified acceptance with-

out their assent, 128
by alteration of instrument, 130-135

acceptor holding bill at maturity in his own right, 140

DISHONOR,

where drawee cannot be found for presentment of bill payable

after sight, 104

Dishonor-continued.
by non-acceptauce, 141

non-payment, 142

drawee in case of need, 173
presumed on proof of protest, 179
law governing, of foreign instrument, 194

See Notice of Dishonor-Presentment-Protest.
DRAWEE,

defined, 26
may accept by agent, 60
of cheque is a banker, 67
his liability, 67–69
how banker differs from ordinary, 68
his relations with drawer, 68
can alone be bound by acceptance, 72
acceptance by one of several, effect of, 72

who is not, 72
revocation of acceptance by, 88,108
entitled to retain bill for twenty-four hours to deliberate

wbether he will accept, 107,108
to whom presentment to be made when, dead or insolvent, 116
when presentment for payment unnecessary, 117
his liability when unable to return bill, 108
See Acceptor-Banker-Cheque-Discharge from Liability-Pre-

sentment.
DRAWEE IN CASE OF NEED,

defined, 27
necessity for presentment to, 27,107
acceptance or payment by, may be without protest, 27,173

dishonor by, 173
DRAWER,

place of signature of, 14
signature of, may be by murk, 14

lithographed, 15

by initials, 15
of bill, surety for acceptor, 21
defined, 26
distinguished from maker of note, 27
signature of by agent, 60,62
general liability of, 67
relations with drawee, 68
of accommodation bill, 71,84
is a principal debtor, 76
of fictitious bill, 83

DRAWER-continued.

stands in immediate relation to acceptor, 85
paying bill may sue acceptor or negotiate, 103
of cheque, when may be charged, 114

when not liable, 126
discharged by payment in due course, 124

release, 125

material alteration of instrument, 130–135
See Notice of Dishonor.
DRUNKENNESS,

effect of, on contract, 55
DUE COURSE,

who is holder in, 31,34
payment in, what it is, 34-36

See Holder in Due Course-Payment.
DUPLICATE,

of hundi, 7,189
EQUITIES,

attaching to over due bill, 101
ERASURE,

instrument containing, effect of payment of, when not apparent,

139
ESTOPPELS,
which bind acceptor, 82,180,181

for honor, 180
drawer, 180
maker, 180,181

indorser, 181
EVIDENCE,

of usage or custom, 4
of date of instrument, 19,22,24
unstamped or improperly stamped instrument inadmissible in,

19,22,211
except in criminal proceedings, 211
as to character and liability of parties to instrument inter se, 71

See Estoppels-Onus Probandi-Presumptions.
EVIDENCE ACT (I of 1872.)

references to in text, 2,9,90,137,177,180

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