Section 97 NI Act: When party to whom notice given is dead

Negotiable Instruments Act, 1881

Section 97 NI Act at a Glance

Section 97 NI Act states that when a notice of dishonour is dispatched to a party who has died, the notice is sufficient if the party dispatching the notice does not know of the recipient's death.

Section 97 NI Act Bare Act Text

97. When party to whom notice given is dead.

when the party to whom notice of dishonour is dispatched is dead, but the party dispatching the notice is ignorant of his death, the notice is sufficient.

Section 97 NI Act in Simple Words

Section 97 NI Act addresses the situation where a notice of dishonour is dispatched to a party who has died.

Under Section 97 NI Act, when the party to whom notice of dishonour is dispatched is dead, but the party dispatching the notice is ignorant of that party's death, the notice is sufficient.

When Section 97 NI Act Applies

  • A notice of dishonour is dispatched to a party.
  • The party to whom the notice is dispatched is dead.
  • The party dispatching the notice is ignorant of that party's death.

Example of Section 97 NI Act

Gopal in Amritsar holds a dishonoured bill of exchange endorsed by Dinesh in Ludhiana. Gopal dispatches a notice of dishonour addressed to Dinesh in Ludhiana. Unknown to Gopal, Dinesh died before the notice was dispatched. Because Gopal was ignorant of Dinesh's death when dispatching the notice, the notice is sufficient under Section 97 NI Act.

FAQs on Section 97 NI Act

What is Section 97 NI Act?โ–ผ

Section 97 NI Act sets out the rule when a notice of dishonour is dispatched to a party who is dead. If the party dispatching the notice is ignorant of the recipient's death, the notice is sufficient.

Is a notice of dishonour sent to a dead person sufficient under Section 97 NI Act?โ–ผ

Yes, if the party dispatching the notice is ignorant of the recipient's death. Under Section 97 NI Act, ignorance of the recipient's death makes the dispatched notice sufficient.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Negotiable Instruments Act, 1881 (India Code) ยท