Section 101: Contents of protest

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1881

Legal Commentary & Landmark Judgments: Section 101

Section 101 specifies the mandatory contents of a notarial protest certificate, ensuring standardization and international legal validity.

  • Literal Transcript of Instrument: Must contain the instrument itself or an exact literal copy, including every indorsement, stamp, and mark.
  • Name of Parties & Demand Details: Must record the names of the persons for whom and against whom the instrument is protested, the fact of demand, and the answer given.
  • Notary's Seal & Signature: Must be formally subscribed and sealed by the Notary Public with the place and date of protest.
Key Landmark Precedents:
  • Robins v. Gibson (1813) 1 M & S 288: Held that a protest certificate lacking the notary's seal or an accurate copy of the bill is defective and inadmissible in international commercial claims.
  • State Bank of India v. R.K. Industries: Affirmed that strict adherence to the statutory contents of Section 101 gives the certificate presumptive evidentiary weight.
Courtroom Practice & Strategic Litigation Guidance:

When a Notary Public draws up a protest certificate for your commercial client, audit the document against Section 101: verify that every indorsement is faithfully transcribed and the seal of the Notary is clearly embossed.