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Under Section 11 of the Negotiable Instruments Act, 1881, which of the following is deemed to be an…

Under Section 11 of the Negotiable Instruments Act, 1881 ('Inland instrument'), a promissory note, bill of exchange or cheque drawn or made in India and made payable in, or…

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Under Section 11 of the Negotiable Instruments Act, 1881, which of the following is deemed to be an ‘inland instrument’?

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Answer and explanation

Correct answer A

Under Section 11 of the Negotiable Instruments Act, 1881 ('Inland instrument'), a promissory note, bill of exchange or cheque drawn or made in India and made payable in, or drawn upon any person resident in, India shall be deemed to be an inland instrument. Under Section 12 ('Foreign instrument'), any such instrument not so drawn, made or made payable shall be deemed to be a foreign instrument. Thus, to be an inland instrument, the instrument must first be drawn or made in India, and secondly, it must either be made payable in India or be drawn upon a person resident in India.

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Option A

Correct because under Section 11 of the Negotiable Instruments Act, 1881, a promissory note, bill of exchange or cheque drawn or made in India and made payable in, or drawn upon any person resident in, India shall be deemed to be an inland instrument.

Option B

Incorrect because under Section 12 of the Negotiable Instruments Act, 1881, an instrument drawn or made in India that is both payable outside India and drawn upon a person resident outside India is a foreign instrument, not an inland instrument.

Option C

Incorrect because an instrument drawn or made outside India is never an inland instrument under Section 11, even if it is made payable in India or drawn upon a person resident in India (it is a foreign instrument under Section 12).

Option D

Incorrect because an instrument drawn or made outside India and payable outside India is a foreign instrument under Section 12, not an inland instrument under Section 11.

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