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Cases of Presentment
Cases of Presentment
In the case of Nenu Ram v Shivkishen AIR 1950 Raj 55, it was held that sec
64 of the contemplates that promissory notes, bills of exchange and cheques
must be presented for payment to the maker, acceptor or drawee either by
the holder or by someone else on his behalf in the manner provided in the
act.
• In case of default of presentment the other parties are not liable to the
holder. Once the bill is accepted it has to be presented for payment.
2. In the case of Pachkauri Lal v Mulchand March, 1922 66 Ind Cas 503,it was
held that the drawer and drawee were one and same therefore no
presentment was required in this case.
3. In the case of Kanhyalal v Ramkumar AIR 1956 Raj 129, it was held that a
contract which is embodied in a bill of exchange is that the drawer says to the
payee that on the bill being presented to the drawee at the due time, that is,
on maturity, the latter shall honour it. Therefore presentment for payment by
the holder of an instrument is an essential step for fixing liability for non-
payment on the drawer.
4. In the case of Phul Chand v Ganga Ghulam (1899) ILR 21 All 450, it was
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held that as per sec 64 if there is default in presentment then the other article
parties are not liable to such holder. It is clear that that section only exempts
Bombay High Court Rules In
from liability to the holder in default of presentment parties other than the Favor Of The Parents Over Son
In A Property Dispute
maker, acceptor or drawee of a promissory note, bill of exchange and
cheque, respectively.
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require acceptance. A bill gets accepted when the settings
drawee ACCEPT