Mohammad Akbar Khan v. Attar Singh
AIR 1936 PC 171 · Privy Council
A document is a promissory note only if it contains an unconditional undertaking to pay a certain sum; a mere receipt or acknowledgement is not enough.
Unit III · Law of Banking and Negotiable Instruments
Definitions and essentials: NI Act sections 4–13
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Negotiable Instruments Act, 1881 | 4 | Promissory note |
| Negotiable Instruments Act, 1881 | 5 | Bill of exchange |
| Negotiable Instruments Act, 1881 | 6 | Cheque |
| Negotiable Instruments Act, 1881 | 13 | Negotiable instrument |
Landmark cases
Kochuthressia v. Devadas
AIR 1988 Ker 282 · Kerala High Court
Certainty of the payee, the sum and the unconditional undertaking are essential before a writing is treated as a promissory note.
Ashok Yeshwant Badave v. Surendra Madhavrao Nighojakar
AIR 2001 SC 1315 · Supreme Court of India
A cheque is a bill of exchange drawn on a specified banker and payable on demand; post-dating does not take it out of section 6 until the date arrives.