Can someone please explain me the section 43 of negotiable instruments act with elaborate example... especially the exceptions ...
Scavanger007 (student) (73 Points)
14 April 2011Can someone please explain me the section 43 of negotiable instruments act with elaborate example... especially the exceptions ...
Nihar
(IPCC)
(566 Points)
Replied 14 April 2011
negotiable instrument made, drawn, accepted, indorsed, or transferred without consideration, or for a consideration which fails, creates no obligation of payment between the parties to the transaction. But if any such party has transferred the instrument with or without endorsement to a holder for consideration, such holder, and every subsequent holder deriving title from him, may recover the amount due on such instrument from the transferor for consideration or any prior party thereto.
Exception I.- No party for whose accommodation a negotiable instrument has been made, drawn, accepted or indorsed can, if he has paid the amount thereof, recover thereon such amount from any person who became a party to such instrument for his accommodation.
Exception II.-No party to the instrument who has induced any other party to make, draw, accept, indorse or transfer the same to him for a consideration which he has failed to pay or perform in full shall recover there in an amount exceeding the value of the consideration (if any) which he has actually paid or performed.
Scavanger007
(student)
(73 Points)
Replied 14 April 2011
thanks.... :)
will you explain me the exception 1 with an example... i m not getting it
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India