Section 38 Prior party a principal in respect of each subsequent party. of NEGOTIABLE INSTRUMENTS ACT, 1881

Prior party a principal in respect of each subsequent party.

38. As between the parties so liable as sureties, each prior party is, in the absence of a contract to the contrary, also liable thereon as a principal debtor in respect of each subsequent party.

Illustration

A draws a bill payable to his own order on B, who accepts. A afterwards indorses the bill to C, C to D, and D to E. As between E and B, B is the principal debtor, and A, C and D are his sureties. As between E and A, A is the principal debtor, and C and D are his sureties. As between E and C, C is the principal debtor and D is his surety.

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Browse all sections of NEGOTIABLE INSTRUMENTS ACT, 1881

Section 1 Short title.
Section 2 Repeal of enactments.
Section 3 Interpretation clause.
Section 4 "Promissory note".
Section 5 "Bill of exchange".
Section 6 "Cheque".
Section 7 "Drawer", "Drawee".
Section 8 "Holder".
Section 9 "Holder in due course".
Section 10 "Payment in due course".
Section 11 "Inland instrument ".
Section 12 "Foreign instrument".
Section 13 "Negotiable instrument".
Section 14 Negotiation
Section 15 Indorsement.
Section 16 Indorsement "in blank" and "in full".
Section 17 Ambiguous instruments.
Section 18 Where amount is stated differently in figures and words.
Section 19 Instruments payable on demand.
Section 20 Inchoate stamped instruments.
Section 21 "At sight", "On presentment", "After sight".
Section 22 "Maturity".
Section 23 Calculating maturity of bill or note payable so many months after date or sight.
Section 24 Calculating maturity of bill or note payable so many days after date or sight.
Section 25 When day of maturity is a holiday.
Section 26 Capacity to make, etc., the promissory notes, etc.
Section 27 Agency.
Section 28 Liability of agent signing.
Section 29 Liability of legal representative signing.
Section 30 Liability of drawer.
Section 31 Liability of drawee of cheque.
Section 32 Liability of maker of note and acceptor of bill.
Section 33 Only drawee can be acceptor except in need or for honour.
Section 34 Acceptance by several drawees not partners.
Section 35 Liability of indorser.
Section 36 Liability of prior parties to holder in due course.
Section 37 Maker, drawer and acceptor principals.
Section 38 Prior party a principal in respect of each subsequent party.
Section 39 Suretyship.
Section 40 Discharge of indorser's liability.
Section 41 Acceptor bound, although, indorsement forged.
Section 42 Acceptance of bill drawn in fictitious name.
Section 43 Negotiable instrument made, etc., without consideration.
Section 44 Partial absence or failure of money-consideration.
Section 45 Partial failure of consideration not consisting of money.
Section 45A Holder's right to duplicate of lost bill.
Section 46 Delivery
Section 47 Negotiation by delivery.
Section 48 Negotiation by indorsement.
Section 49 Conversion of indorsement in blank into indorsement in full.
Section 50 Effect of indorsement.
Section 51 Who may negotiate.
Section 52 Indorser who excludes his own liability or makes it conditional.
Section 53 Holder deriving title from holder in due course.
Section 54 Instrument indorsed in blank.
Section 55 Conversion of indorsement in blank into indorsement in full.
Section 56 Indorsement for part of sum due.
Section 57 Legal representative cannot by delivery only negotiate instrument indorsed by deceased.
Section 58 Instrument obtained by unlawful means or for unlawful consideration.
Section 59 Instrument acquired after dishonour or when overdue.
Section 60 Instrument negotiable till payment or satisfaction.
Section 61 Presentment for acceptance.
Section 62 Presentment of promissory note for sight.
Section 63 Drawee's time for deliberation.
Section 64 Presentment for payment.
Section 65 Hours for presentment.
Section 66 Presentment for payment of instrument payable after date or sight.
Section 67 Presentment for payment of promissory note payable by instalments.
Section 68 Presentment for payment of instrument payable at specified place and not elsewhere.
Section 69 Instrument payable at specified place.
Section 70 Presentment where no exclusive place specified.
Section 71 Presentment when maker, etc., has no known place of business or residence.
Section 72 Presentment of cheque to charge drawer.
Section 73 Presentment of cheque to charge any other person.
Section 74 Presentment of instrument payable on demand.
Section 75 Presentment by or to agent, representative of deceased, or assignee of insolvent.
Section 75A Excuse for delay in presentment for acceptance or payment.
Section 76 When presentment unnecessary.
Section 77 Liability of banker for negligently dealing with bill presented for payment.
Section 78 To whom payment should be made.
Section 79 Interest when rate specified.
Section 80 Interest when no rate specified.
Section 81 Delivery of instrument on payment, or indemnity in case of loss.
Section 82 Discharge from liability.
Section 83 Discharge by allowing drawee more than forty-eight hours to accept.
Section 84 When cheque not duly presented and drawer damaged thereby.
Section 85 Cheque payable to order.
Section 85A Drafts drawn by one branch of a bank on another payable to order.
Section 86 Parties not consenting discharged by qualified or limited acceptance.
Section 87 Effect of material alteration.
Section 88 Acceptor or indorser bound notwithstanding previous alteration.
Section 89 Payment of instrument on which alteration is not apparent.
Section 90 Extinguishment of rights of action on bill in acceptor's hands.
Section 91 Dishonour by non-acceptance.
Section 92 Dishonour by non-payment.
Section 93 By and to whom notice should be given.
Section 94 Mode in which notice may be given.
Section 95 Party receiving must transmit notice of dishonour.
Section 96 Agent for presentment.
Section 97 When party to whom notice given is dead.
Section 98 When notice of dishonour is unnecessary.
Section 99 Noting.
Section 100 Protest.
Section 101 Contents of protest.
Section 102 Notice of protest
Section 103 Protest for non-payment after dishonour by non-acceptance.
Section 104 Protest of foreign bills.
Section 104A When noting equivalent to protest.
Section 105 Reasonable time.
Section 106 Reasonable time of giving notice of dishonour.
Section 107 Reasonable time for transmitting such notice.
Section 108 Acceptance for honour.
Section 109 How acceptance for honour must be made.
Section 110 Acceptance not specifying for whose honour it is made.
Section 111 Liability of acceptor for honour.
Section 112 When acceptor for honour may be charged.
Section 113 Payment for honour.
Section 114 Right of payer for honour.
Section 115 Drawee in case of need.
Section 116 Acceptance and payment without protest.
Section 117 Rules as to compensation.
Section 118 Presumptions as to negotiable instruments.
Section 119 Presumption on proof of protest.
Section 120 Estoppel against denying original validity of instrument.
Section 121 Estoppel against denying capacity of payee to indorse.
Section 122 Estoppel against denying signature or capacity of prior party.
Section 123 Cheque crossed generally.
Section 124 Cheque crossed specially.
Section 125 Crossing after issue.
Section 126 Payment of cheque crossed generally.
Section 127 Payment of cheque crossed specially more than once.
Section 128 Payment in due course of crossed cheque.
Section 129 Payment of crossed cheque out of due course.
Section 130 Cheque bearing "not negotiable".
Section 131 Non-liability of banker receiving payment of cheque.
Section 131A Application of Chapter to drafts.
Section 132 Set of bills
Section 133 Holder of first acquired part entitled to all.
Section 134 Law governing liability of maker, acceptor or indorser of foreign instrument.
Section 135 Law of place of payment governs dishonour.
Section 136 Instrument made, etc., out of India, but in accordance with the law of India.
Section 137 Presumption as to foreign law.
Section 138 Dishonour of cheque for insufficiency, etc., of funds in the account.
Section 139 Presumption in favour of holder.
Section 140 Defence which may not be allowed in any prosecution under section 138.
Section 141 Offences by companies.
Section 142 Cognizance of offences.
Section 143 Power of Court to try cases summarily.
Section 144 Mode of service of summons.
Section 145 Evidence on affidavit.
Section 146 Bank's slip prima facie evidence of certain facts.
Section 147 Offences to be compoundable.

Section 38 Prior party a principal in respect of each subsequent party. of NEGOTIABLE INSTRUMENTS ACT, 1881

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