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Evolution & Revolution of Negotiable Instruments As facilitators of Trade & Commerce, & 10 years ahead
NEGOTIABLE INSTRUMENTS
Non-Existence of commerce.
Negotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
Trade in the form of Barter. Money as a medium of trade & town as the center of trade. Economy & growth of commerce. Agriculture Trade Commerce World economy & the world market.
Barter System
Negotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
Definition : A written document guarantying payment of a specific amount. Document contemplated by a Contract.
NEGOTIABLE INSTRUMENTS
NI by STATUTE
Negotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
Promissory Note Bill of Exchange. Cheque NI by USAGE Bank Drafts Pay Order. Hundis Delivery.
Property Rights
Negotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
Presumptions
As to consideration As to date As to acceptance As to transfer As to the order of endorsements As to lost instruments As to holder-in-due course As to dishonor
Negotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
Instrument in writing
Negotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
The Endorsee
PROMISSORY NOTE
Rs. 10,000/-
On demand, I promise to pay Ram, s/o Rajesh of Meerut or order a sum of Rs 10,000/- (Rupees Ten Thousand only), for value received.
To , Ram
Address..
Sd/ Sundar
Stamp
TOPICGangabai was entitled by endorsement, to a Govt. promissory note, through a broker named Acharya
CASELETS
Promissory Note
Negotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
Instrument in writing Contains an unconditional order Signed by the maker Directing a certain person to pay a certain sum of money only to, or to the order of, a certain person or to the bearer of the instrument
BILL OF EXCHANGE
BILL OF EXCHANGESPECIMEN
Rs. 10,000/New Delhi May 2, 2001 Five months after date pay Jatin or (to his) order the sum of Rupees Ten Thousand only for value received. To Accepted Stamp
Ishan
Address
Ishan
S/d
Abhi
Parties Involved
Negotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
BILL OF EXCHANGE
TOPIC
1. RAM TRADE FINANCE SERVICES
CASELETS
Bill of Exchange
CHEQUE SPECIMEN
......20....... Pay.......................................................................................................... ........................................................................................... or Bearer Rupees . STATE BANK OF INDIA
MSBL
653003
110002056
10
Negotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
Drawn on a specified banker Payable on demand Includes electronic image of a truncated cheque Amended by Amendment Act, 2002
Types
CHEQUE
TOPIC1. CASE ON CHEQUE OF STOP PAYMENT. 2. CASE ON CHEQUE OF DIS-HONOUR. 3. CASE ON FORGED SIGNATURES ON CHEQUE
CASELETS
Cheque
Negotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
Instrument by usage
Often in the form of a bill of exchange Drawn in any local language in accordance with the custom of the place Used for the purpose of transfer of money without its actual physical movement. The provisions of the Negotiable Instruments Act shall apply to hundis only when there is no customary rule known to the people.
HUNDIS
Negotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
Types
Sah-jog
Muddati Hundi
Darshani Hundi
HUNDIS
Negotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
Discharge from Liability By cancellation By release By payment Discharge by allowing drawee more than 48hrs to accept
Dishonor by non-acceptance.
Negotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
Dishonor by non-payment By & to whom notice should be given Mode in which notice may be given
dishonor
Agent for presentment
NOTICE OF DISHONOR
Dishonor by non-acceptance.
Negotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
Dishonor by non-payment By & to whom notice should be given Mode in which notice may be given
dishonor
Agent for presentment
COMPENSATION
All the people involved at the time of the offence shall be deemed guilty of the offence and shall be punished accordingly.
PENALTIES
Negotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
Payment for goods purchased Converting value of NI into cash Depositing NI value in a 3rd party a/c
FRAUD
in credit card
CASELETS
Fraud
Negotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
Digital Cash
Digital Cheque
Similar to conventional paper cheque Information in uncoded form Bears digital signature
REVOLUTION
Negotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
Smart Card
Biometrics
Point-Of-Sale(POS) Technology Uses biometric authentication for user identification & bank processes Eg. Fingerprint Payment
REVOLUTION
Negotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
M-Commerce
Internet Banking
Mobile Banking
Negotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
NEFT
Negotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
RTGS
ECS
Project made byNegotiable Instruments Act, 1881 Legal Aspects of Business eMBA B, MET Institute of Management 2011-2013
Meghna Mehta Milan Jain Mitisha Surana Namrata Trivedi Neha Vithaldas Nidhi Desai Nikhil Gandhi Nikhil Bajari Nilesh Jain Niraj Bhanushali
11082 11084 11086 11088 11092 11094 11096 11098 110100 110102
NEGOTIABLE INSTRUMENTS