Which one of the following statements is correct regarding the Negotiable Instruments Act in India? 

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UGC NET Paper 2: Commerce 14 Oct 2022 Shift 1
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  1. A cheque is always drawn on a banker  
  2. A cheque requires the acceptance by the drawee 
  3. A bill of exchange can be drawn payable to bearer on demand  
  4. A promissory note containing a conditional promise to pay is a valid promissory note 

Answer (Detailed Solution Below)

Option 1 : A cheque is always drawn on a banker  
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UGC NET Paper 1: Held on 21st August 2024 Shift 1
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50 Questions 100 Marks 60 Mins

Detailed Solution

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The correct answer is A cheque is always drawn on a banker

Important PointsStatement 1: A cheque is always drawn on a banker.

  • The cheque is always drawn on a specified banker.
  • A cheque vitally differs from a bill in this respect as the latter can be drawn on any person including a banker.
  • The customer of a banker can draw the cheque only on the particular branch of the bank where he has an account.

Hence, this statement is correct.

Statement 2: A cheque requires the acceptance by the drawee.

  • Unlike a bill of exchange, a cheque does not require acceptance on part of the drawee.
  • There is, however, a custom among banks to mark cheques as 'good' for the purpose of clearance.

Hence, this statement is incorrect.

Statement 3: A bill of exchange can be drawn payable to bearer on demand.

  • Bill of exchange is unconditional as it contains a written order by the drawer to the drawee, signed by the drawer, and requires the drawee 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 (the payee) or to the bearer.

Hence, this statement is incorrect.

Statement 4: A promissory note containing a conditional promise to pay is a valid promissory note.

  • The promise to pay a certain amount of money must be unconditional in all cases.
  • A conditional promise cannot form the basis of such notes.

Hence, this statement is incorrect.

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