When noting equivalent to protest? What is Reasonable time? What is Reasonable time of giving notice of dishonour? When noting equivalent to protest, Reasonable time and Reasonable time of giving notice of dishonour are defined under Section 104A, 105 and 106 of Negotiable Instruments Act 1881
For the purposes of this Act, where a bill or note is required to be protested within a specified time or before some further proceeding is taken, it is sufficient that the bill has been noted for protest before the expiration of the specified time or the taking of the proceeding; and, the formal protest may be extended at any time thereafter as of the date of the noting.
In determining what is a reasonable time for presentment for acceptance or payment, for giving notice of dishonour and for noting, regard shall be had to the nature of the instrument and the usual course of dealing with respect to similar instruments; and, in calculating such time, public holidays shall be excluded.
If the holder and the party to whom notice of dishonour is given carry on business or live (as the case may be) in different places, such notice is given within a reasonable time if it is dispatched by the next post or on the day next after the day of dishonour.
If the said parties carry on business or live in the same place, such notice is given within a reasonable time if it is dispatched in time to reach its destination on the day next after the day of dishonour.
Negotiable Instruments Act 1881
Section 101 - Contents of protest
Section 102 - Notice of protest
Section 103 - Protest for non-payment after dishonour by non-acceptance
Section 104 - Protest of foreign bills
Section 104A - When noting equivalent to protest
CHAPTER X OF REASONABLE TIME
Section 106 - Reasonable time of giving notice of dishonour
Section 107 - Reasonable time for transmitting such notice
CHAPTER XI OF ACCEPTANCE AND PAYMENT FOR HONOUR AND REFERENCE IN CASE OF NEED
Section 108 - Acceptance for honour
Section 109 - How acceptance for honour must be made
Section 110 - Acceptance not specifying for whose honour it is made
Section 111 - Liability of acceptor for honour
Section 112 - When acceptor for honour may be charged
Section 113 - Payment for honour
Section 114 - Right of payer for honour
Section 115 - Drawee in case of need
Section 116 - Acceptance and payment without protest
CHAPTER XII OF COMPENSATION
Section 117 - Rules as to compensation
CHAPTER XIII SPECIAL RULES OF EVIDENCE
Section 118 - Presumptions as to negotiable instruments
Section 119 - Presumption on proof of protest
Section 120 - Estoppel against denying original validity of instrument