What are essentials of promissory note?

CS Executive · Economic, Business and Commercial Laws · PYQS · December 2020
What are essentials of promissory note?

Answer & Explanation:

To be a promissory note, an instrument must possess the following essentials: It must be in writing. An oral promise to pay will not do. It must contain an express promise or clear undertaking to pay. The promise or undertaking to pay must be unconditional. The maker must sign the promissory note in token of an undertaking to pay to the payee or his order. The maker must be a certain person, i.e., the note must show clearly who the person is engaging himself to pay. The payee must be certain. The promissory note must contain a promise to pay to some person or persons ascertained by name or designation or to their order. The sum payable must be certain and the amount must not be capable of contingent additions or subtractions. Payment must be in legal money of the country. Thus, a promise to pay ₹500 and deliver 10 quintals of rice is not a promissory note. It must be properly stamped in accordance with the provisions of the Indian Stamp Act, 1899. Each stamp must be duly cancelled by maker's signature or initials. It must contain the name of place, number and the date on which it is made. However, their omission will not render the instrument invalid, e.g. if it is undated, it is deemed to be dated on the date of delivery.

Topics: Negotiable Instruments Act, 1881

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