61. Read Assertion (A) and Reason (R) and answer using code below:
Assertion (A): Where a bill is unintentionally cancelled by the holder on his agent and the cancellation is not apparent thereon, the bill is discharged.
Reason (R): Above principle is laid down in Section 82 of the Negotiable Instrument Act.
Code:
a. Both A and R are true and R is the correct explanation of A
b. Both A and R are true and R is not the correct explanation of A
c. A is right but R is wrong.
d. A is wrong but R is right.
62. Negotiable Instrument Act: - Whether a minor may draw, indorse, deliver and negotiate any instrument?
a. Only when he can understand the consequence of it.
b. Only when it is beneficial for him.
c. Only when it it made with mutual consent of both parties.
d. Yes, he may do so as to bind all parties except himself.
63. Which provision of the Act lays down that foreign bills must be protested for dishonour if so required by the law of the place where they are drawn?
a. Section 100
b. Section 102
c. Section 104
d. Section 103
64. In which of the following cases did the SC hold that complaint for dishonor of cheque can be filed at the place where cheque was lodged and not where cheque was issued?
a. A.C Narayan v. State of Maharastra.
b. P.J. Agro v. Water Base Ltd.
c. Bridgestone India (P) Ltd. v. Inderpal Singh
d. Standard Chartered Bank v. State of Maharashtra.
65. Match List I with List II and give the correct answer by using the code given below the lists:
List-I List II
a. Decision given by the Permanent (i) The Right of Minorities in the upper Silesia
Court of Arbitration
b. The Principle/doctrine of Forum (ii). Pious Fund case
Progratum was enuciated in the case
c. A leading case on "reprisal" is (iii) The Asylum (Columbia v. Peru) Case
d. Case decided by International Court (iv) Naulilaa incident
of Justice under 'Contentious Jurisdiction'
Code:
a b c d
a. (ii) (i) (iv) (iii)
b. (i) (ii) (iii) (iv)
c. (iii) (iv) (i) (ii)
d. (iv) (iii) (ii) (i)
66. In determining reasonable time for the purpose of a negotiable instrument.
a. Public holidays are excluded.
b. public holidays are included.
c. only the holidays observed by banks are excluded.
d. None of the above
67. Under section 138 of the Act, territorial jurisdiction does not arise on the following places:
a. Where cheque is issued.
b. In the local limit where the cheque is presented in the bank.
c. Where the cheque is dishonoured by the bank.
d. From where the notice to pay the amount is issued.
68. When a Negotialbe Instrument is dishonoured, the liable party pays compensation to
a. holder
b. bank
c. endorser
d. court.
69. Which of the folowing are presumptions as to a negotiable instrument under Section 118 of the NI Act? Answer using codes given below:
a. Presumption of contractual capacity
b. Presumption of consideration.
c. presumption of maturity of instrument.
d. Presumption of date.
Codes:
a. Only a and c
b. Only b and d
c. Only a and d
d. Only a and b.
70. As per Section 118 of the NI Act, presumption in regard to every negotiable instrument bearing a date was made or drawn:
a. On such date
b. Prior to that date.
c. May be on or prior to such date.
d. None of the above
71. Which of the following presumption is prescribed under Section 118 NI Act?
a. Of consideration
b. As to date.
c. As to time of acceptance
d. All of these.
72. The NI Act, 1881 provides for making which of the following presumptions as special sule of evidence, until the contrary is provided:
a. That every negotiable instrument bearing a date was not made or drawn on such date.
b. That every transfer of negotiable instrument was not made before its maturity.
c. That a lost promissory note, bill of exchange or cheque was duly stamped.
d. all of the above.
73. The presumptions under Section 118 of the Act do not include -
a. Presumption that holder of a cheque received the cheque for discharge of any debt or other liability.
b. Presumption as to time of acceptance.
c. Presumption as to date.
d. Presumption as to order of endorsement.
74. In which of the following case, the SC held that for rebutting statutory presumption under Section 118(a) and 139 of the Act, the evidence adduced on behalf of the complainant could be relied upon?
a. Prem Chand Vijay Kumar v. Yashpal Singh
b. K. Bhaskaran v. Sankaran Vaidyan Balan.
c. Goa Plast Ltd. v. Chico Ursula D'Souza.
d. M.S. Narayana Menon v. State of Kerala
75. Effect of 'not negotiable' crossing is mentioned under
a. Section 125
b. Section 130
c. Section 131
d. Section 128.
76. What is the meaning of payment of cheque crossed specially?
a. The banker on whom it is drawn shall not pay it otherwise than to the banker to whom it is crosse, or his agent for collection.
b. The banker on whom the cheque is drawn shall not pay it otherwise than to a banker.
c. Payment of cheque amount across the counter.
d. Payment of cheque amount to the agent of payee.
77. What is the statutory notice period for intimating dishonour of cheque under Section 138 of the NI Act?
a. 15 days
b. One month
c. Three month
d. Three weeks
78. A resides at Hyderabad, B at culcutta and C at delhi. A , B and C being together at Allahabad, B and C make a joint promissory note payable on demand, and deliver to A. A may sue B and C:
a. At Allahabad where the cause of action arises.
b. At culcutta, where B resides.
c. At Delhi, where C resides.
d. All of the above.
79. Offence under Section 138 of NI Act, 1881 is triable by the court on the basis of
a. Police report
b. Report from third person
c. Complaint by the holder or holder in due course
d. Suo motu
80. What's the maximum punishment under Negotiable Instruments Act
a. 2 years Only
b. 6 years and or fine which is double amount the dishonour
c. Any punishment below 7 years
d. None of the above.
0 Comments