Section 15: Endorsement

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1881

Legal Commentary & Landmark Judgments: Section 15

Section 15 defines 'indorsement' as the act of the maker or holder of a negotiable instrument signing the same, otherwise than as maker, upon the face or back thereof or on a slip of paper annexed thereto (allonge), for the purpose of negotiation.

  • Signature by Maker or Holder: Must be signed by the person legally entitled as maker or holder; unauthorized third-party signatures are void.
  • Physical Attachment (Allonge): If the reverse of the instrument is filled with endorsements, signatures may be executed upon an attached paper called an 'allonge'.
  • Purpose of Negotiation: The signature must be affixed with the deliberate commercial intention of transferring title to the instrument.
Key Landmark Precedents:
  • Gour Chandra v. Pradyumna Kumar (AIR 1945 Cal 202): Examined the legal validity of an indorsement on an allonge, holding that physical annexation to the principal instrument is essential for commercial validity.
  • Jayantilal Goel v. Zubeda Khanum (AIR 1986 AP 120): Affirmed that signature without delivery or without intention to negotiate does not constitute an enforceable indorsement under Section 15.
Courtroom Practice & Strategic Litigation Guidance:

Always examine the continuity of indorsements when representing a holder in due course. An unbroken chain of regular indorsements on the back of a bill creates a strong statutory presumption of ownership and legitimate title.