The bankers books evidence act 1891 the bankers, books. Gradually book keeping or recording of the transactions were made in bank books like registers, ledgers, account books, cash books etc. Subject to the provisions of this act, a certified copy of any entry in a bankers book shall in all legal proceedings he received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every cases where, and to the same extent as, the original entry itself is now by law admissible, but not further or otherwise. To this extent it is an act for the relief of bankers, but it is also an act for the benefit of suitors since it enables copies of entries in a banker s book to be given in evidence and facilitates the procuring of such evidence by allowing any party to a legal proceeding to apply. Case in which officer of bank not compellable to produce. The supreme court in the case of ulster bank v obrien holds that banks need not comply with the provisions of the bankers books evidence acts when proving a claim for monies due from a defaulting borrower. Such a copy must be received as prima facie evidence not only of the existence of. The supreme court decision in obrien establishes that to focus on the procedures under the bankers books evidence acts 18791959 the act is misconceived because. The bankers book evidence act came into effect from 1891. Bankers book evidence act, 1891 bare acts law library. In order to have legal capacity the law of evidence was amended in accordance with the bank records in act number 18 of 1891 as the bankers book act in 1891. Certificates under bankers book evidence act banking.
Whereas it is expedient to amend the law of evidence with respect to banker s books. Evidence bankers books an act to amend the law of evidence with respect to bankers books. October, 1891l an act to amend the law of evidence with respect to bankers books. Supreme court clarifies application of bankers books. Whereas it is expedient to amend the law skip to content. Case in which officer of bank not compellable to produce books, etc.
Books evidence act, 1879, under which copies of entries in bankers. The object of the bankers books evidence act, 1891 is to render entries in bankers books admissible in evidence and to enable copies of the entries to be used instead of compelling the bank to produce the original entries. Subject to the provisions of this act, a certified copy of any entry in a banker s book shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions andaccounts therein recorded in every case where, and to the same extent as, the original. Evidence bankers books ac national assembly of zambia. Supreme court clarifies application of bankers books evidence acts. Subject to the provisions of this act, a certified copy of any entry in a banker s books shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry. An act to amend the law of evidence with respect to bankers books. The bankers books evidence act, 1891 submission of certified copies of entries print out to courts rbi200809457 rpcd. There are currently no known outstanding effects for the bankers books evidence act 1879. The bankers book evidence act, 1891 the lawyers and.
Subject to the provisions of this act, a certified copy of any entry in a banker s book shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and. A bank may prove its claim in the same way as any other corporate creditor. Subject to the acts shortening acts, the bankers books. Get the bankers book evidence act 1891 microsoft store. Subject to the provisions of this act, a certified copy of any entry in a bankers book shall in all legal proceedings be received as prima facie evidence of.
The judge may also order the bank to produce certified copies of the entries accompanied by a further certificate that no other entries in the books of the bank are relevant to the matter of such. The banker s books evidence act 1891 the banker s, books evidence act, 1891 act no. The bankers books evidence act, 1891 advocatetanmoy law. Be it enacted by the queens most excellent majesty, by and with the advice. Act 33 bankers books evidence act 1949 an act to provide for the law of evidence relating to bankers books. All state cooperative banks stcbs and district central cooperative banks dccbs dear sir, the bankers books evidence act, 1891 submission of. Bankers books evidence amendment bill, 1959second and. Important aspects of bankers book evidence act, 1891. That legislation the bankers book act is irrelevant to a case where the contents of the banks books are proved in the ordinary way by a witness who can give direct evidence of having. Certificate to be given under the act to the court in case of manual records and electronic records are explained. In india the act has a strong impact on the banking institutions and they are bound by the act in production of records in litigation. Information technology act, 2000 bare acts law library. Xviii of 1891 1st october, 1890 an act to amend the law of evidence with respect to bankers books.
The supreme court in the case of ulster bank v obrien holds that banks need not comply with the provisions of the bankers books evidence. Bankers books evidence act 1879 chapter 11 1 short title this act may be cited as the bankers books evidence act 1879. This act may be cited as the bankers books evidence act 1949. Here we have listed the acts related to banking sector.
The bankers books evidence act, 1891 indian kanoon. The bankers books evidence act, 1891 submission of certified copies of entries print out to courts. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the. Bankers books evidence act, 1879 irish statute book. Case in which officer of bank not compellable to produce books. Bankers books evidence act, 1891 title and extent 1 this act may be. Revised legislation carried on this site may not be fully up to date. The object of the bill was to apply to india the provisions of the english bankers.
In this act the principal act means the bankers books evidence act, 1879. The bankers books evidence act, 1891 1 title and extent. If the records are maintained in written form, a copy of any entry along with a certificate certifying at the foot of such copy clearly indicating that. In section2, a for clause 3, the following clause shall be substituted, namely.
Xviii of 1891 1st october, 1891 an act to amend the law of evidence with respect to bankers books. This act has been extended to pondicherry by act 26 of 1968 sec. The evidence bankers books act chapter 44 of the laws of zambia chapter 44 the evidence bankers books act the evidence bankers books act arrangement of sections section 1. When a judge may order a party to inspect and take copies of entries in banker s books. The supreme court decision in obrien establishes that to focus on the procedures under the. Xviii of 1891 1 st october, 1891 an act to amend the law of evidence with respect to bankers books. The bankers books evidence act, 1876, shall he repealed as from the passing of this act, but such repeal shall not affect anything which has been done or happened before such repeal takes effect. Full text containing the act, bankers book evidence act, 1891, with all the sections, schedules, short title, enactment date, and footnotes. Negotiable instrument act 1881 the bankers books evidence act 1891 the reservebank of india act 1934 the industrial finance corporation of india act 1948 the banking companies legal practitioner clients accounts act 1949 the industrial disputes banking and insurance companies act 1949. Any discrepancy in the records will amount to violation of the act. Whereas it is expedient to amend the law of evidence with respect to bankers books. This is a revised edition of the law, prepared by the law revision. Bankers book evidence act, 1891 is the real guidelines for any banking institutions that will get the clear idea about the legal proceedings which relates to banking records. The bill was passed by the legislature on 1st october 1891.
Subject to the provisions of this act, a copy of any entry in a banker s book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters, transactions, and accounts therein recorded. An act to amend the law of evidence withrespect to banker s books whereas it is expedient to amend the law of evidence with respect to banker s books. The bankers book evidence act, 1891 laws of bangladesh. Subject to the provisions of this act, a certified copy of any entry in a banker s books shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is now by law admissible, but not further or otherwise. Revised edition showing the law as at 1 january 2002.
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