NIA 118 — Presumptions as to negotiable instruments

Negotiable Instruments Act, 1881

Statutory text

Until the  contrary  is  proved,  the  following presumptions shall be made:—
(a) of  consideration:—that  every  negotiable  instrument  was  made  or  drawn  for  consideration,
and  that  every  such  instrument,  when  it  has  been  accepted,  indorsed, negotiated  or  transferred,  was
accepted, indorsed, negotiated or transferred for consideration;
(b) as to date:—that every negotiable instrument bearing a date was made or drawn on such date;
(c) as  to  time  of  acceptance:—that  every  accepted  bill  of  exchange  was  accepted  within  a
reasonable time after its date and before its maturity;
(d) as  to  time  of  transfer:—that every  transfer  of  a  negotiable  instrument  was  made  before  its
naturity;
(e) as to order of indorsements:—that the indorsements appearing upon a negotiable instrument
were made in the order in which they appear then on;
(f) as to stamp:— that a lost promissory note, bill of exchange or cheque was duly stamped;
(g) that holder is a holder in due course:—that the holder of a negotiable instrument is a holder
in due course: provided that, where the instrutment has been obtained from its lawful owner, or from
any person in lawful custody thereof, by means of an offence or fraud, or has been obtained from the
maker or acceptor thereof by means of an offence or fraud, or for unlawful consideration, the burden of proving that the holder is a holder in due course lies upon him.

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