All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

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29.

When a negotiable instrument is delivered conditionally or for a special purpose as a collateral security or for safe custody only, and not for the purpose for transferring absolutely property therein, it is called

A: Fictitious Bill
B: Inchoate instrument
C: Escrow
D: Clean Bill

The answer is: C

Explanation

The correct option is C: Escrow.

A bill is delivered conditionally or for a special purpose is called an escrow bill. An escrow is a legal arrangement in which a third party holds an asset or document until a specified condition is met by the parties involved.

For example, A draws a bill on B and delivers it to C as a security for a loan. The bill is not intended to be negotiated by C, but only to be returned to A when the loan is repaid. In this case, the bill is an escrow.

A fictitious bill is a bill in which the name of the drawer or the payee or both is fictitious.

For example, A draws a bill on B, who does not exist, and endorses it to C. The bill is a fictitious bill.

An inchoate instrument is an incomplete instrument that is signed and delivered by the maker or drawer with the intention of giving effect to it as a negotiable instrument.

For example, A signs and delivers a blank cheque to B, authorizing him to fill up the amount and date. The cheque is an inchoate instrument.

A clean bill is a bill that does not require any documents to be attached or presented for payment.

For example, A draws a bill on B payable at sight. The bill is a clean bill.