धारा 36

Section 36 of the Negotiable Instruments Act, 1881, discusses the circumstances under which a contract in writing, including negotiable instruments, may be varied. The section provides that a contract in writing may be altered by a contract in writing, or by an executed oral agreement, but only if the oral agreement is supported by new consideration. This principle is crucial in understanding how changes to the terms of a negotiable instrument can be made and under what conditions such variations are legally recognized. Judicial pronouncements have clarified that any variation to a written contract must be strictly in accordance with the provisions of this section to be enforceable, emphasizing the need for either a written agreement or an oral agreement supported by fresh consideration.