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vijay kumar trivedi (Research Associate Education)     11 January 2024

Ni act cases_title defer matter

Dear Legal Community,

I hope this message finds you well. I am reaching out to request your assistance in providing any legal precedents or relevant case law pertaining to matters related to the Negotiable Instruments Act (NI Act), specifically in cases involving "title defer" and name mismatch issues.

In our current case, we are representing a client who is facing a dispute concerning the title defer of a negotiable instrument. We are also dealing with a situation where there is a mismatch between the name mentioned on the instrument and the actual name of the payee or drawer. As we strive to provide the best possible legal representation for our client, we believe that having access to relevant legal precedents will greatly strengthen our arguments and help us navigate these intricate matters more effectively.

We are particularly interested in cases where the court has ruled on the validity of negotiable instruments when the title defer is not strictly adhered to or when there is a discrepancy between the name mentioned on the instrument and the payee/drawer's actual name. Any insights, judgments, or legal opinions that you can share would be immensely appreciated.

Our objective is to ensure that we are well-informed and equipped with the most up-to-date legal knowledge in order to provide our client with the best possible representation. Your contributions will not only assist us in strengthening our case but will also help foster knowledge-sharing within the legal community.

If you have any relevant legal precedents, case references, or any other information that could assist us in addressing these specific issues, please do not hesitate to reach out to us. Your support in this matter would be of great value to our team and our client.

Thank you in advance for your time, expertise, and collaboration. We look forward to your favorable response and remain grateful for your continued support.

Sincerely,

Vijay Trivedi

Udaipur, Rajasthan



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     11 January 2024

Firstly what do you mean by the word 'title defer '?

Your question about name of the drawer or drawer is mistake,  but that will not be entertained by bank. 

Whatever,  instead of posting a lengthy post, be clear in what exactly your problem is. 

1 Like

vijay kumar trivedi (Research Associate Education)     12 January 2024

Thank you for your quick response sir.

In our case, there is a spelling error in the name of the drawer on the cheque. Thus, seeking clarity on how such issues have been handled in previous legal proceedings, if any.

Real Soul.... (LEGAL)     12 January 2024

That is really serious error but you can corroborate  the issuance of cheque with other availble evidance, where the defaulter has accepted he presented the cheque and related incidents

1 Like

vijay kumar trivedi (Research Associate Education)     13 January 2024

is there any judicial precedents available that can be referred? Please share, if any.

T. Kalaiselvan, Advocate (Advocate)     29 January 2024

The error in spelling of the drawer clearly indicates that this cheque doesn't belong to the drawer as per Bank rules.

Hence the bank will not honour the cheque and would return it to the drawee with remarks accordingly.


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