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36 Cards in this Set

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When owner of goods , delivers (delivery aka bailment) goods to bank, to get loan secured, its called

Pledge

Pledge is defined under

Sec 172 of indian contract act 1871

Actual (with bank ) / contructive delivery

Cd = financing of warehousing receipts

Pledge can be created by

1. Owner of goods


2. Merchantile agent


3. Seller of goods who is still in possession of goods

Borrower is callled pawnor/ pledger/ bailor

Bank is called pawnee / pledger / bailee

In pledge ownership n possession

With borrowr


With bank



Ex gold loan

Und sec 176

Notice will be given bfre selling goods

Rights of bank wrt pledge

Duties of borrower wrt pledge

Case law in SC WRT pledge

Accretion is increase in value of security

Hypothecation def und

Under sec 2 of SARFAESI Act 2002

Hypothecation other points

In case of default in hypothecation

Notice is given under sec176 after filing suit

Diff btwn pledge, hypo n mortgage

On railway receipts what type of charge is created

Since its goods, pledge is created

Mortgage is called equitable charge t or f

F! Hypothecation is equitable charge

Interest in propety is trf in case of

Mortgages

Bill of exchange are drawn to cover legally..

Payment arising out of sale or purchase of goods n serviced by people or firms

Bill of exch is under

Sec 5 of ni act

Boe is unconditional order of drawer (seller/suresh )to drawee (david)

True

Firm who signs boe is called

Drawer

Firms who r odered to pay are called

Drawee

Sometimes payee could be drawer himself

A. Holder (sec___ of ni act)


B. Holder in due course (sec ___)


C. Payment in due course (sec...


D. Negotiation (sec..


E. Endorsement (sec...


F. Liability of drawer(sec...


G. Liability of acceptor(sec..


H.. Liability of endorser (sec...


I. Int rate( if specicied under sec 79 of 18% as per sec ....

A. 8


B. 9


C. 10


D. 14


E. 15


F. 30


G. 32


H. 35


I. 80

ALL ARE OF NI ACT 1991


B. Shld have boe in possession, boe shld be obtained for considerstion.

Inland bills


Foreign bills


Demand bills


Sec 11


Sec 12


Sec 19


Demand bills r payable on denand.


Usance bills r payable on maturity not demand.

Clean bills

Not supported by documents of title goods

Documentary bills r accompanied by documents of title to goods

Clean bills r drawn when goods r directly sent to buyer

T

Different types of bill financing 3

Bills purchasing


Bills discounting (usance bills)


Advance against collection of bills

More than 1 parties ( drawer n drawee ) are liable on boe

T

Bills are easily transferable

T

Document in which the ownership can be transferred by endorsement n delivery is called

Document of title to goods

Co acceptance scheme of boe

Bank gives co acceptance on the bills accepted by the drawee

Under drawee bills scheme

Bank agrees to pay the drawer of the bills drawn on its borrowers (buyer) on presentation n recover on due date

How many parties are involved in case of dishonor of usance bill

2

Holder of boe is a person sho obtains its possession for value and is in actual possession of boe

True


What is legal status of a bank when boe is purchased by bank

Bank becomes holder for value

Usance bills are.. demand bills are...

Discounted / accepted


Purchased