Section 137: Saving of negotiable instruments, etc.

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1882

Legal Commentary & Landmark Judgments: Section 137

Section 137 saves negotiable instruments, stocks, shares, debentures, and mercantile documents of title to goods from the provisions of Chapter VIII regarding actionable claims.

  • Commercial Paper Exemption: Nothing in this Chapter applies to stocks, shares or debentures, or to instruments which are for the time being, by law or custom, negotiable.
  • Documents of Title to Goods: Or to any mercantile document of title to goods (bills of lading, railway receipts, warehouse warrants).
  • Special Commercial Law Precedence: Governed by their own special statutes: Negotiable Instruments Act, 1881; Companies Act, 2013; and Sale of Goods Act, 1930.
Key Landmark Precedents:
  • Union of India v. Sri Sarada Mills Ltd., (1972) 2 SCC 877: The Supreme Court noted that Section 137 preserves the velocity of commerce by exempting negotiable instruments and mercantile documents from TPA assignment formalities.
  • Dashrathbhai Trikambhai Patel v. Hitesh Mahendrabhai Patel, (2022) 10 SCC 745: Affirmed that negotiable instruments are governed exclusively by the Negotiable Instruments Act, 1881 via Section 137 savings.
Courtroom Practice & Strategic Litigation Guidance:

Promissory notes, cheques, and bills of exchange are transferred by endorsement and delivery under the NI Act; do not use TPA Section 130 assignment deeds for negotiable instruments.