www.Aaptaxlaw.com
 
 
 

Section 88 - Acceptor or indorser bound notwithstanding previous alteration, Section 89 - Payment of instrument on which alteration is not apparent : Negotiable Instruments Act 1881

 

 

What is the meaning of Acceptor or indorser bound notwithstanding previous alteration? What is Payment of instrument on which alteration is not apparent? Acceptor or indorser bound notwithstanding previous alteration and Payment of instrument on which alteration is not apparent are defined under Section 88 and 89 of Negotiable Instruments Act 1881

Section 88 of Negotiable Instruments Act 1881: "Payment of instrument on which alteration is not apparent"

An acceptor or indorser of a negotiable instrument is bound by his acceptance or indorsement notwithstanding any previous alteration of the instrument.

 

Section 89 of Negotiable Instruments Act 1881: "Payment of instrument on which alteration is not apparent"

(1) Where a promissory note, bill of exchange or cheque has been materially altered but does not appear to have been so altered, or where a cheque is presented for payment which does not at the time of presentation appear to be crossed or to have had a crossing which has been obliterated, payment thereof by a person or banker liable to pay, and paying the same according to the apparent tenor thereof at the time of payment and otherwise in due course, shall discharge such person or banker from all liability thereon; and such payment shall not be questioned by reason of the instrument having been altered or the cheque crossed.

(2) Where the cheque is an electronic image of a truncated cheque, any difference in apparent tenor of such electronic image and the truncated cheque shall be a material alteration and it shall be the duty of the bank or the clearing house, as the case may be, to ensure the exactness of the apparent tenor of electronic image of the truncated cheque while truncating and transmitting the image.

(3) Any bank or a clearing house which receives a transmitted electronic image of a truncated cheque, shall verify from the party who transmitted the image to it, that the image so transmitted to it and received by it, is exactly the same.

 

Negotiable Instruments Act 1881

Section 81 - Delivery of instrument on payment, or indemnity in case of loss

CHAPTER VII
OF DISCHARGE FROM LIABILITY ON NOTES, BILLS AND CHEQUES

Section 82 - Discharge from liability

Section 83 - Discharge by allowing drawee more than forty-eight hours to accept

Section 84 - When cheque not duly presented and drawer damaged thereby

 

 

Section 85 - Cheque payable to order

Section 85A - Drafts drawn by one branch of a bank on another payable to order

Section 86 - Parties not consenting discharged by qualified or limited acceptance

Section 87 - Effect of material alteration

 

 

Section 88 - Acceptor or indorser bound notwithstanding previous alteration

Section 89 - Payment of instrument on which alteration is not apparent

Section 90 - Extinguishment of rights of action on bill in acceptor's hands

CHAPTER VIII
OF NOTICE OF DISHONOUR

Section 91 - Dishonour by non-acceptance

Section 92 - Dishonour by non-payment

Section 93 - By and to whom notice should be given

Section 94 - Mode in which notice may be given

Section 95 - Party receiving must transmit notice of dishonour

 

 

Section 96 - Agent for presentment

Section 97 - When party to whom notice given is dead

Section 98 - When notice of dishonour is unnecessary

CHAPTER IX
OF NOTING AND PROTEST

Section 99 - Noting

Section 100 - Protest

Home     About Us     Privacy Policy     Disclaimer    Contact Us  Sitemap