Questions and answers on law Part 8

Q1)Who is holder in due course of negotiable instruments?

Ans :-Central Government Act

Section 9 in The Negotiable Instruments Act, 1881

9. “Holder in due course”.—“Holder in due course” means any person who for consideration became the possessor of a promissory note, bill of exchange or cheque if payable to bearer, or the payee or indorsee thereof, if 1[payable to order], before the amount mentioned in it became payable, and without having sufficient cause to believe that any defect existed in the title of the person from whom he derived his title.

In short,holder in due course is the person who has obtained negotiable instrument for consideration bonafidely without aware of defect in title of person from whom he has obtained said instrument.

Q 2) 

 Whether the second wife should be made a party to the proceedings under domestic violence Act if wife alleges that her husband has performed second marriage?

2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;

As per this section,wife can not be said to be in domestic relationship with second wife.Hence second wife can not be added as party to proceeding.

Q 3) 

If the Computer Generated Bank Memo (Not bearing signature or seal of Bank Official) is filed by the complainant, then whether such Bank Memo can be admitted in evidence?

S 146 of Negotiable instrument Act:-  Bank's slip prima facie evidence of certain facts.—The court shall, in respect of every proceeding under this chapter, on production of bank's slip or memo having thereon the official mark denoting that the cheque has been dishonoured, presume the fact of dishonour of such cheque, unless and until such fact is disproved.

If bank memo is not having official mark,no presumption can be drawn as per S 146 of NI Act.

Print Page