INTRODUCTION [1]Estafa also known as swindling is a crime committed by any person who shall defraud another by any of the means mentioned in the Revised Penal Code (RPC). Article 315 of the Revised Penal Code of the Philippines enumerates the crime constituting estafa. Estafa is a criminal case that is punishable under the Revised Penal Code and is also classified as a crime against property under the same code. As to its nature, Estafa is a crime which is mala in se. [2]Mala in se as defined
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drafts. ADVANTAGES OF USING BILL OF EXCHANGE * Bill of exchange fixes the date of payment. The creditor knows when to expect his money and the debtor also knows when he will be required to make payment. * A bill of exchange is a negotiable instrument and can be used in settlement of debts. * it is a written and signed acknowledgement of debt and affords conclusive proof of indebtedness. * A debtor is free from worries and enjoys full period of credit, as he can never be called upon
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Sample Notice in case of Cheque Bouncing Important points 1. Cheque Bouncing is a quasi criminal matter covered under Sec. 138 of Negotiable Instruments Act. 2. Conviction under this section may incurr prison sentence. 3. However, before a law suit can be filed, the receiver of the cheque must send a notice to the cheque issuer demanding money. The demand should clearly mention the details of the transaction that obligated the issuer to issue the cheque and the request that the money
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exchange or other negotiable instrument has been received as a conditional payment, and the conditions on which it has not been received remains fulfilled by reason of dishonor of the instrument or otherwise. 3. Features of unpaid seller: Following are the features of unpaid seller. (i) He must sell the goods on cash basis and must be unpaid. (ii) He must be unpaid either wholly or partly. (iii) If the price is paid through a bill of exchange or other negotiable instruments, the same must
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Convention Providing a Uniform Law for Bills of Exchange and Promissory Notes Done at: Geneva Date enacted: 1930-06-07 In force: 1934-01-01 Being desirous of avoiding the difficulties caused by differences in the laws of countries in which cheques circulate, and of thus giving more security and stimulus to international trade relations, Have appointed as their plenipotentiaries: Who, having communicated their full powers found in good and due form have agreed upon the following provisions: Article
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on the negotiable instruments in business law The law relating to “negotiable instruments” is contained in the Negotiable Instruments Act, 1881. The Act extends to the whole of India. The Negotiable Instruments Act, 1881, has been amended for more than a dozen times so far. The latest in the series are: (i) the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 (effective from 1st April, 1989), and (ii) the Negotiable Instruments (Amendment
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1. Scope It is now fairly well-settled that no person can sue on a negotiable instrument unless he is named therein as the payee or unless he becomes entitled to it as indorsee or becomes the bearer of an instrument payable to bearer. In the Full Bench case reported in Subba Narayana Vathiyar v. Ramaswami Aiyar,1 it has been held that in a suit on a negotiable instrument by the payee or indorsee, it is not open to the defendant to plead that the plaintiff is a mere benamidar not entitled to payment
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Week 6 Assignment “Negotiability” Business II March 7, 2016 Joelle writes on a piece of paper that he promised to pay Rio $1000 on demand, he also signs the note with all these things this is negotiable instrument called promissory note. Promissory note is a document passed from one person to another that is a written and signed unconditional promise to pay a specified sum of money on demand or at a definite time to order (to specific person or entity) or bearer. Promissory notes generally
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November 11, 2013 Grantham University BA 265 Business Law II Week 6 Assignment Negotiable Instruments On the back of an envelope, Phoebe writes, “I promise to pay Quint or bearer $600 on demand. [Signed] Phoebe.” The type of instrument that is used in this scenario is a promissory note. When a promissory note is present, this is a written promise which involves two parties (Miller & Hollowell, 2011). The two parties that are present in a promissory note is the maker (payer) and the
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1: Explain the term negotiable instruments and briefly state its types. Negotiable instrument is a document that constitutes an obligation to pay a sum of money at a future date or on demand. According to Justice Willis, “a negotiable instrument is one, the property in which is acquired by anyone who takes it bona fide and for value notwithstanding any defects of the title in the person from whom he took it”. Any document is capable of being called a “negotiable instrument” if the following conditions
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