Reliable Limited, an Indian company, is a global leader in Petrochemical products. For payment of the sale price of machinery imported from Alex…
CA Foundation · Business Laws · PYQS · September 2024
Reliable Limited, an Indian company, is a global leader in Petrochemical products. For payment of the sale price of machinery imported from Alex Manufacturing Limited, a USA based company (the exporter), the Indian company drew a bill of exchange on Manish, a resident of Mumbai (India) who accepted the bill at Mumbai payable to the exporter in Los Angeles, USA. Decide, whether the bill of exchange is an inland instrument or a foreign instrument. Assume that the bill of exchange was signed by the authorised person for the drawer company.
Suggested Answer and Working Notes:
As per section 11 of the Negotiable Instruments Act,1881, a promissory note, bill of exchange or cheque drawn or made in India and made payable in, or drawn upon any person resident in India shall be deemed to be an inland instrument. In the instant case, the bill of exchange was: Drawn in India (since it was drawn by Reliable Limited, an Indian company).Accepted in India (Manish, a resident of Mumbai, accepted the bill in Mumbai).Payable outside India, in Los Angeles, USA. The bill of exchange in this case is an inland instrument because it was drawn in India and accepted by a person resident in India, even though it is payable outside India (Los Angeles, USA).
Topics: The Negotiable Instruments Act, 1881
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