MARC details
000 -LEADER |
fixed length control field |
04090nam a2200253Ia 4500 |
003 - CONTROL NUMBER IDENTIFIER |
control field |
OSt |
005 - DATE AND TIME OF LATEST TRANSACTION |
control field |
20241115103223.0 |
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION |
fixed length control field |
240314s9999 xx 000 0 und d |
020 ## - INTERNATIONAL STANDARD BOOK NUMBER |
International Standard Book Number |
9789391211233 |
040 ## - CATALOGING SOURCE |
Transcribing agency |
. |
082 ## - DEWEY DECIMAL CLASSIFICATION NUMBER |
Classification number |
346.09654 |
Item number |
AIY |
100 ## - MAIN ENTRY--PERSONAL NAME |
Personal name |
Aiyar, S. Krishnamurthi |
245 #0 - TITLE STATEMENT |
Title |
Law relating to the negotiable instruments act / |
Statement of responsibility, etc. |
by S. Krishnamurthi Aiyar |
250 ## - EDITION STATEMENT |
Edition statement |
14th ed. |
260 ## - PUBLICATION, DISTRIBUTION, ETC. |
Place of publication, distribution, etc. |
Gurgaon: |
Name of publisher, distributor, etc. |
LexisNexis Publications, |
Date of publication, distribution, etc. |
2022. |
300 ## - PHYSICAL DESCRIPTION |
Extent |
clxxviii, 1253p. ; |
Dimensions |
25cm. |
505 ## - FORMATTED CONTENTS NOTE |
Formatted contents note |
Introduction<br/>The Negotiable Instruments Act, 1881<br/>Chapter 1 : Preliminary<br/>Chapter 2 : Of Notes, Bills and Cheques<br/>Chapter 3 : Parties to Notes, Bills and Cheques<br/>Chapter 4 : Of Negotiation<br/>Chapter 5 : Of Presentment<br/>Chapter 6 : Interest<br/>Chapter 7 : Of Discharge from Liability on Notes, Bills and Cheques<br/>Chapter 8 : Of Notice of Dishonour<br/>Chapter 9 : Of Noting and Protest<br/>Chapter 10 : Of Reasonable Time<br/>Chapter 11 : Of Acceptance and Payment for Honour and Reference in Case of Need<br/>Chapter 12 : Of Compensation<br/>Chapter 13 : Special Rules of Evidence<br/>Chapter 14 : Of Crossed Cheques<br/>Chapter 15 : Of Bills in Sets<br/>Chapter 16 : Of International Law<br/>Chapter 17 : Of Penalties in case of Dishonour of certain Cheques for Insufficiency of Funds in the Accounts<br/>Chapter 18 : Of Penalties in case of Dishonour of certain Cheques<br/>Subject Index<br/>Table of Cases |
520 ## - SUMMARY, ETC. |
Summary, etc. |
The present fourteenth edition marks more than 15 years of our association with this book as its revising author, which we have been doing since the 9th Edition which was published in the year 2005. The book has attained acclaim and acceptability by its readers from its very inception. After the last edition of the year 2016, some legislative changes have been made in the Negotiable Instruments Act by the Parliament by inserting section 143A and section 148 by Act 20 of 2018. Now, the trial court trying the criminal complaint filed under section 138 of the NI Act may award interim compensation to the complainant up to 20% of the amount of the dishonoured cheque. In addition, the Appellate Court is empowered by section 148 to direct deposit of 25% or more amount of the fine or compensation by Appellant/convicpending appeal subject to the outcome of appeal. Case-laws on these newly added provision have been updated in the present edition. The burden of proof on prosecution and accused in criminal cases is not on a level-playin field. As against the prosecution's rigorous burden of proving its case beyond reasonable doubt the accused is required by law to discharge burden of proving his case on a lighter scale preponderance of probabilities. As is well settled, the presumption under section 139 can rebutted and the standard of proof for doing so is that of 'preponderance of probabilities. the phrase 'preponderance of probability' is not defined anywhere in the Act nor it seems to been defined and explained in any other Act. However, in Punita Rai v State of Jharkhand<br/>another, the expression preponderance of 'probability' has been very well explained as under:<br/>The expression "preponderance of probability" has not been defined in any statute, however, in my opinion, it cannot be mere pretence of an accused. This expression refers to a positive finding on facts which are referable to probability of a situation which is more likely to happen, but it is not just a possibility. An accused can show from evidence of the prosecution or by leading evidence himself that the case set up by him is a probable one. To show that the defence set up by him is probable one the accused must show from the prosecution's evidence or by leading such cogent evidence which would prima-facie disclose a strong probability of the defence set up by him." (Source : https://lawbookshop.net/law-negotiable-instruments-act-comments-case-law-dishonour-cheques-s-k-sarvaria-s-krishnamurthi-aiyar-apoorva-sarvaria.html) |
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
Topical term or geographic name entry element |
India |
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
Topical term or geographic name entry element |
Negotiable instruments India |
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
Topical term or geographic name entry element |
Negotiable instruments |
700 ## - ADDED ENTRY--PERSONAL NAME |
Personal name |
Sarvaria, Apoorv |
Relator term |
Author |
942 ## - ADDED ENTRY ELEMENTS (KOHA) |
Koha item type |
Books |
Source of classification or shelving scheme |
Dewey Decimal Classification |