Section 98 When notice of dishonour is unnecessary. of NEGOTIABLE INSTRUMENTS ACT, 1881
When notice of dishonour is unnecessary.
98. No notice of dishonour is necessary —
(a) when it is dispensed with by the party entitled thereto;
(b) in order to charge the drawer, when he has countermanded payment;
(c) when the party charged could not suffer damage for want of notice;
(d) when the party entitled to notice cannot after due search be found; or the party bound to give notice is, for any other reason, unable without any fault of his own to give it;
(e) to charge the drawers, when the acceptor is also a drawer;
(f) in the case of a promissory note which is not negotiable;
(g) when the party entitled to notice, knowing the facts, promises unconditionally to pay the amount due on the instrument.
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Used by
- 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.