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Section 102: Notice of protest

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1881
Section 101 All 148 Sections of Negotiable Instruments Act Section 103

Legal Commentary & Landmark Judgments: Section 102

Section 102 regulates notice of protest, enacting that when a promissory note or bill of exchange is required by law to be protested, notice of such protest must be given in the same manner as notice of dishonour.

  • Service of Protest Notice: Notice of protest must be communicated to the drawer and prior indorsers in the same manner as notice of dishonour under Section 94.
  • May Be Given by Notary: The notice may be issued directly by the Notary Public who executed the protest, adding official weight.
  • Substitute for Simple Notice: In transactions where protest is mandatory, notice of protest supersedes and satisfies the requirement of simple notice of dishonour.
Key Landmark Precedents:
  • Ex parte Lowenthal (1874) LR 9 Ch 591: The leading authority establishing that notice of protest given by a notary public satisfies all statutory notice requirements against prior parties.
  • Geralopulo v. Wieler (1851): Affirmed that notice of protest communicated in accordance with Section 102 preserves all secondary liabilities across jurisdictions.
Courtroom Practice & Strategic Litigation Guidance:

Instruct the Notary Public to issue the notice of protest directly to the drawer and indorsers on their official letterhead under Section 102. Receiving a formal notarial demand frequently induces debtors to settle immediately without litigation.

Section 101 All 148 Sections of Negotiable Instruments Act Section 103