What is the meaning of Holder of first acquired part entitled to all? What is the Law governing liability of maker, acceptor or indorser of foreign instrument? Holder of first acquired part entitled to all and Law governing liability of maker, acceptor or indorser of foreign instrument are defined under Section 133 and 134 of Negotiable Instruments Act 1881
As between holders in due course of different parts of the same set, he who first acquired title to his part is entitled to the other parts and the money represented by the bill.
In the absence of a contract to the contrary, the liability of the maker or drawer of a foreign promissory note, bill of exchange or cheque is regulated in all essential matters by the law of the place where he made the instrument, and the respective liabilities of the acceptor and indorser by the law of the place where the instrument is made payable.
Illustration
A bill of exchange was drawn by A in California, where the rate
of interest is 25 per cent, and accepted by B, payable in
Washington, where the rate of interest is 6 per cent. The bill
is endorsed in 1[India], and is dishonoured. An action on the
bill is brought against B in India. He is liable to pay interest
at the rate of 6 per cent only; but if A is charged as drawer, A
is liable to pay interest at the rate of 25 per cent.
Negotiable Instruments Act 1881
Section 121 - Estoppel against denying capacity of payee to indorse
Section 122 - Estoppel against denying signature or capacity of prior party
CHAPTER XIV OF CROSSED CHEQUES
Section 123 - Cheque crossed generally
Section 124 - Cheque crossed specially
Section 125 - Crossing after issue
Section 126 - Payment of cheque crossed generally
Section 127 - Payment of cheque crossed specially more than once
Section 128 - Payment in due course of crossed cheque
Section 129 - Payment of crossed cheque out of due course
Section 130 - Cheque bearing not negotiable
Section 131 - Non-liability of banker receiving payment of cheque
Section 131A - Application of Chapter to drafts
CHAPTER XV OF BILLS IN SETS
Section 133 - Holder of first acquired part entitled to all
CHAPTER XVI OF INTERNATIONAL LAW
Section 134 - Law governing liability of maker, acceptor or indorser of foreign instrument
Section 135 - Law of place of payment governs dishonour
Section 136 - Instrument made, etc., out of India, but in accordance with the law of India
Section 137 - Presumption as to Foreign Law
CHAPTER XVII OF PENALTIES IN CASE OF DISHONOUR OF CERTAIN CHEQUES FOR INSUFFICIENCY OF FUNDS IN THE ACCOUNTS
Section 138 - Dishonour of cheque for insufficiency, etc., of funds in the account
Section 139 - Presumption in favour of holder
Section 140 - Defence which may not be allowed in any prosecution under section 138
Section 141 - Offences by companies
Section 142 - Cognizance of offences
Section 143 - Power of Court to try cases summarily
Section 144 - Mode of service of summons
Section 145 - Evidence on affidavit
Section 146 - Bank's slip prima facie evidence of certain facts