Negotibale instruments act, 1881

Independent Practtioner

Hello,

I am a lawyer who has just started practicing with a banking institution. I am a bit confused about the nature of the Negotiable Instruments Act, 1881 and would be glad if experts here can solve my queries:

1. What is the nature of the Act, is it substantive, procedural or a mixture of both. More so, is it civil substantive, civil procedural, criminal substantive or criminal procedural, also if the provisions of the act can be categorised thereof.

2. What was the purpose of the statute?

3. What are the provisions in the Act that relates to the compliance of the decision (order, judgment, decree)?

4. In case of non- compliance what are the remedies available under the Act? (Relevant provisions)

5. Which are the courts that have jurisdiction under the Act? What is the territorial and pecuinary jurisdiction of such courts? Which is the Original, Appellate and Revisional forrum under the Act?

6. Who has a locus standi under the Act? Who can initiate an action and against whom can an action be taken (Relevant provisions)?

Thanks and Regards

 
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Lawyer/Fight for justice

Go through the Act....

 
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Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505

Dear Krishna,


There are two procedural books called CPC for civil and Cr.P.C for criminal. It all depends upon the nature of your civil suit and/or criminal complaint under section 138. you have to refer the section as per the circumstances or situation of the either case. for non compliance of order, judgment and decree there is civil procedure.

For 138 matter Hon'ble Supreme Court has set the guidelines in number of cases about jurisdiction for the rest you have to refer section 16 to 20 of CPC.

For criminal jurisdiction where the offence is committed as mention in Cr.P.C

Please go through the CPC, Cr.P.C then come to NI Act. there are basics.

Rajiv Bhasin

Advocate

Bhasin Legal Consultants

SOLICITORS AND ADVOCATES

www.bhasinlegalconsultants.com

9811210505

 
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