Which of these matters are covered by the rebuttable presumptions in section 118 of the Negotiable…
Section 118(a) presumes consideration for making or drawing the instrument and for the listed subsequent dealings. Section 118(b) presumes that an instrument bearing a date…
Choose your answer
Which of these matters are covered by the rebuttable presumptions in section 118 of the Negotiable Instruments Act, 1881?
I. Consideration
II. The date of a dated instrument
III. The time of acceptance of an accepted bill of exchange
Answer and explanation
Correct answer D
Section 118(a) presumes consideration for making or drawing the instrument and for the listed subsequent dealings.
Section 118(b) presumes that an instrument bearing a date was made or drawn on that date.
Section 118(c) presumes acceptance of an accepted bill of exchange within a reasonable time after its date and before maturity. Each presumption is rebuttable.
Option feedback
Option A
Consideration and date are covered, and so is the time of acceptance of an accepted bill.
Option B
Consideration and time of acceptance are covered, and so is the date of a dated instrument.
Option C
Date and time of acceptance are covered, and so is consideration.
Option D
Clauses (a), (b) and (c) cover all three stated matters.
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