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Bill of Exchange Act

A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer. This definition is according to Section 3(1) of the Bill of Exchange Act 1990.

Part 1 (Section 1-2) – PreliminaryGeneral

Section 1 Bill of Exchange Act 1990Short title.

Section 2 Bill of Exchange Act 1990Interpretation.

Part II (Section 3-72) – Bills of Exchange

>> Form and Interpretation

Section 3 Bill of Exchange Act 1990Bill of exchange defined.

Section 4 Bill of Exchange Act 1990Inland and foreign bills.

Section 5 Bill of Exchange Act 1990Effect where different parties to a bill are the same person.

Section 6 Bill of Exchange Act 1990Address to drawee.

Section 7 Bill of Exchange Act 1990Certainty required as to payee.

Section 8 Bill of Exchange Act 1990What bills are negotiable.

Section 9 Bill of Exchange Act 1990Sum payable.

Section 10 Bill of Exchange Act 1990Bill payable on demand.

Section 11 Bill of Exchange Act 1990Bill payable at a future time.

Section 12 Bill of Exchange Act 1990Omission of date in bill payable after date.

Section 13 Bill of Exchange Act 1990Ante-dating and post-dating.

Section 14 Bill of Exchange Act 1990Computation of time of payment.

Section 15 Bill of Exchange Act 1990Case of need.

Section 16 Bill of Exchange Act 1990Optional stipulations by drawer or endorser.

Section 17 Bill of Exchange Act 1990Definition and requisites of acceptance.

Section 18 Bill of Exchange Act 1990Time for acceptance.

Section 19 Bill of Exchange Act 1990General and qualified acceptance.

Section 20 Bill of Exchange Act 1990Inchoate instruments.

Section 21 Bill of Exchange Act 1990Delivery.

>> Capacity and Authority of Parties

Section 22 Bill of Exchange Act 1990Capacity of parties.

Section 23 Bill of Exchange Act 1990Signature essential to liability.

Section 24 Bill of Exchange Act 1990Forged or unauthorised signature.

Section 25 Bill of Exchange Act 1990Procuration signatures.

Section 26 Bill of Exchange Act 1990Person signing as agent or in representative capacity.

>> The Consideration for a Bill

Section 27 Bill of Exchange Act 1990Value and holder for value.

Section 28 Bill of Exchange Act 1990Accommodation bill or party.

Section 29 Bill of Exchange Act 1990Holder in due course.

Section 30 Bill of Exchange Act 1990Presumption of value and good faith.

Section 31 Bill of Exchange Act 1990Negotiation of bill.

>> Negotiation of Bills

Section 32 Bill of Exchange Act 1990Requisites of a valid endorsement.

Section 33 Bill of Exchange Act 1990Conditional endorsement.

Section 34 Bill of Exchange Act 1990Endorsement in blank and special endorsement.

Section 35 Bill of Exchange Act 1990Restrictive endorsement.

Section 36 Bill of Exchange Act 1990Negotiation of overdue or dishonoured bill.

Section 37 Bill of Exchange Act 1990Negotiation of bill to party already liable thereon.

Section 38 Bill of Exchange Act 1990Rights of the holder

>> General Duties of the Holder

Section 39 Bill of Exchange Act 1990When presentment for acceptance is necessary.

Section 40 Bill of Exchange Act 1990Time for presenting bill payable after sight.

Section 41 Bill of Exchange Act 1990Rules as to presentment for acceptance and excuses for non-presentment.

Section 42 Bill of Exchange Act 1990Non-acceptance.

Section 43 Bill of Exchange Act 1990Dishonour by non-acceptance and its consequences.

Section 44 Bill of Exchange Act 1990Duties as to qualified acceptances.

Section 45 Bill of Exchange Act 1990Rules as to presentment for payment.

Section 46 Bill of Exchange Act 1990Excuses for delay or non-presentment for payment.

Section 47 Bill of Exchange Act 1990Dishonour by non-payment.

Section 48 Bill of Exchange Act 1990Notice of dishonour and effect of non-notice.

Section 49 Bill of Exchange Act 1990Rules as to notice of dishonour.

Section 50 Bill of Exchange Act 1990Excuses for non-notice and delay.

Section 51 Bill of Exchange Act 1990Noting of protest of bill.

Section 52 Bill of Exchange Act 1990 Duties of holder as regards acceptor.

>> Liabilities of Parties

Section 53 Bill of Exchange Act 1990Bill not assignment of funds in hands of drawee.

Section 54 Bill of Exchange Act 1990Liability of acceptor.

Section 55 Bill of Exchange Act 1990Liability of drawer or endorser.

Section 56 Bill of Exchange Act 1990Stranger signing bill liable as endorser.

Section 57 Bill of Exchange Act 1990Measure of damages against parties to dishonoured bill.

Section 58 Bill of Exchange Act 1990Transferor by delivery and transferee.

>> Discharge of Bill

Section 59 Bill of Exchange Act 1990Payment in due course.

Section 60 Bill of Exchange Act 1990Banker paying demand draft whereon endorsement is forged.

Section 61 Bill of Exchange Act 1990Acceptor the holder at maturity.

Section 62 Bill of Exchange Act 1990Express waiver.

Section 63 Bill of Exchange Act 1990Cancellation.

Section 64 Bill of Exchange Act 1990Alteration of bill.

>> Acceptance and Payment for Honour

Section 65 Bill of Exchange Act 1990Acceptance for honour supra protest.

Section 66 Bill of Exchange Act 1990Liability of acceptor for honour.

Section 67 Bill of Exchange Act 1990Presentment to acceptor for honour.

Section 68 Bill of Exchange Act 1990Payment for honour supra protest.

>> Lost Instruments

Section 69 Bill of Exchange Act 1990Holder’s right to duplicate of lost bill.

Section 70 Bill of Exchange Act 1990Action on lost bill.

>> Bill in a Set

Section 71 Bill of Exchange Act 1990Rules as to sets.

>> Conflict of Laws

Section 72 Bill of Exchange Act 1990Rules where laws conflict.

Part III (Section 73-84) – Cheques on a Banker

Section 73 Bill of Exchange Act 1990Cheque defined.

Section 74 Bill of Exchange Act 1990Presentment of cheque for payment.

Section 75 Bill of Exchange Act 1990Revocation of banker’s authority.

Section 76 Bill of Exchange Act 1990Payment by bankers of unendorsed cheques and other instruments.

Section 77 Bill of Exchange Act 1990Protection of collecting banks.

>> Crossed Cheques

Section 78 Bill of Exchange Act 1990General and special crossings defined.

Section 79 Bill of Exchange Act 1990Crossing by drawer or after issue.

Section 80 Bill of Exchange Act 1990Crossing a material part of cheque.

Section 81 Bill of Exchange Act 1990 Duties of banker as to crossed cheques.

Section 82 Bill of Exchange Act 1990Protection to banker and drawer where cheque is crossed.

Section 83 Bill of Exchange Act 1990 Effect of crossing on holder.

Section 84 Bill of Exchange Act 1990Extension of enactments relating to crossed cheques.

Part IV (Section 85-91) – Promissory Notes

Section 85 Bill of Exchange Act 1990Promissory note defined.

Section 86 Bill of Exchange Act 1990Delivery necessary.

Section 87 Bill of Exchange Act 1990 Joint and several notes.

Section 88 Bill of Exchange Act 1990Note payable on demand.

Section 89 Bill of Exchange Act 1990Presentment of note for payment.

Section 90 Bill of Exchange Act 1990 Liability of maker.

Section 91 Bill of Exchange Act 1990Application of Part II to notes.

Part V (Section 92-98) Supplementary

Section 92 Bill of Exchange Act 1990Good faith.

Section 93 Bill of Exchange Act 1990Signature.

Section 94 Bill of Exchange Act 1990Computation of time.

Section 95 Bill of Exchange Act 1990When noting equivalent to protest.

Section 96 Bill of Exchange Act 1990Protest when notary not accessible.

Section 97 Bill of Exchange Act 1990 Dividend warrants may be crossed.

Section 98 Bill of Exchange Act 1990Savings.


Credit: CommonLII

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