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Section 96 - Agent for presentment

Section 97 - When party to whom notice given is dead

Section 98 - When notice of dishonour is unnecessary : Negotiable Instruments Act 1881

Who is Agent for presentment? When party to whom notice given is dead? When notice of dishonour is unnecessary? Agent for presentment, When party to whom notice given is dead and When notice of dishonour is unnecessary are defined under Section 96, 97 and 98 of Negotiable Instruments Act 1881

 

 

Section 96 of Negotiable Instruments Act 1881: "Agent for presentment"

When the instrument is deposited with an agent for presentment, the agent is entitled to the same time to give notice to his principal as if he were the holder giving notice of dishonour, and the principal is entitled to a further like period to give notice of dishonour.

 

Section 97 of Negotiable Instruments Act 1881: "When party to whom notice given is dead"

When the party to whom notice of dishonour is despatched is dead, but the party dispatching the notice is ignorant of his death, the notice is sufficient.

 

Section 98 of Negotiable Instruments Act 1881: "When notice of dishonour is unnecessary"

No notice of dishonour is necessary ?
(a) when it is dispensed with by the party entitled thereto;
(b) in order to charge the drawer, when he has countermanded payment;
(c) when the party charged could not suffer damage for want of notice;
(d) when the party entitled to notice cannot after due search be found; or the party bound to give notice is, for any other reason, unable without any fault of his own to give it;
(e) to charge the drawers, when the acceptor is also a drawer;
(f) in the case of a promissory note which is not negotiable;
(g) when the party entitled to notice, knowing the facts, promises unconditionally to pay the amount due on the instrument.

 

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