Section 123 of Bharatiya Sakshya Adhiniyam, 2023: Estoppel of acceptor of bill of exchange, bailee or licensee

Bharatiya Sakshya Adhiniyam, 2023 • Official Statutory Text & Practice Guide

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Act 2023
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Legal Commentary & Landmark Judgments: Section 123

Section 123 provides for the estoppel of acceptors of bills of exchange, bailees, and licensees, preventing them from denying the authority or title of the drawer or bailor.

  • Acceptor of Bill Estoppel: No acceptor of a bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it.
  • Bailee & Licensee Estoppel: No bailee or licensee shall be permitted to deny that the bailor or licensor had authority to make such bailment or grant such license at the material time.
  • Commercial Contractual Sanctity: Protects commercial banking and warehousing transactions from bad-faith repudiations of title.
Key Landmark Precedents:
  • E.H. Parakh v. King Emperor (AIR 1926 Oudh 202): Held that an acceptor of a bill of exchange is estopped under Section 117 IEA (Section 123 BSA) from disputing the drawer's signature or authority to draw.
  • State of Gujarat v. Memon Mahomed Haji Hasam (AIR 1967 SC 1885): Examined the fiduciary duties of bailees and the estoppel preventing a bailee from denying the title of the bailor.
Courtroom Practice & Strategic Litigation Guidance:

In warehousing, logistics, or negotiable instrument disputes, if a warehouseman refuses to return goods claiming a third party is the true owner, invoke Section 123 BSA: the bailee is statutorily estopped from denying your client's bailment authority.