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may 1954

Supreme Court of India · 1954-05-28

SETH JAGJIVAN MAVJI VITHLANI vs MESSRS RANCHHODDAS MEGHJI.

Citation / case number
SC 1954/90362
Court
Supreme Court of India
Petitioner
SETH JAGJIVAN MAVJI VITHLANI
Respondent
MESSRS RANCHHODDAS MEGHJI.
Bench
MAHAJAN, MEHAR CHAND (CJ),DAS, SUDHI RANJAN,BOSE, VIVIAN,BHAGWATI, NATWARLAL H.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that under Section 32 of the Negotiable Instruments Act, 1881, the drawee's liability arises only upon acceptance of the bill, with no liability existing prior to that, except in specific cases under Section 31. The Court clarified that Section 61 mandates presentment for acceptance in cases where the bill is payable after sight, while for bills payable on demand, acceptance and payment occur simultaneously. The Court ruled that oral acceptance is not valid under Section 7, which requires a signed assent on the bill for acceptance to be recognized.

SETH JAGJIVAN MAVJI VITHLANI vs MESSRS RANCHHODDAS MEGHJI. · Niyam