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. Topics bankers books evidence act, 1891 collection opensource. Important aspects of bankers book evidence act, 1891. It is, therefore, advised that all state and central cooperative banks should comply with the provisions of the bankers books evidence act, 1891 while furnishing certified copies and computer printouts to courts. In this act the principal act means the bankers books evidence act, 1879. Mode of proof of entries in bankers books subject to, the provisions of this act, a certified copy of any entry in a bankers 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. In section2, a for clause 3, the following clause shall be substituted, namely. Evidentiary value of bank records finance and banking. Bankers book evidence act 1891 section 65b is pari materiaui 5 om prakash versus central bureau of investigation cbi to section 2a of the bankers book evidence act, which means they are to be construed together. Introduction the nigerian police force are in the habit of approaching the magistrates court via an exparte application to freeze suspected bank accounts and inspect the bankers books bankers order with reliance on section 7 of the bankers books evidence act 1879 bankers act. Supreme court clarifies application of bankers books.
This act may be cited as the bankers books evidence act 1879. Charleton j concludedthat the absence of a denial of the loan and default was significant given the banks evidence. October, 1891l an act to amend the law of evidence with respect to bankers books. In court related matters the cases where the banking records are taken for evidence. The bankers book evidence act came into effect from 1891. The bankers books evidence act, 1891 indian kanoon. Pw1e statement of account duly certified under the bankers books evidence act, 1891 hereinafter, bbe act. The bankers books evidence act, 1891 advocatetanmoy law. The bankers books evidence act, 1891 1 title and extent. 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. 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. 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. Certificate to be given under the act to the court in case of manual records and electronic records are explained.
The bankers books evidence act, 1879, is hereby amended a by the substitution of the following section for section 5. Whereas it is expedient 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. Subject to the provisions of this act, a certified copy of any entry in a bankers 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. Xviii of 1891 1 st october, 1891 an act to amend the law of evidence with respect to bankers books. When a judge may order a party to inspect and take copies of entries in bankers books.
The bankers books evidence act 1891 the bankers, books. 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. Xviii of 1891 1st october, 1891 an act to amend the law of evidence with respect to bankers books. The bankers book evidence act, 1891 laws of bangladesh. Bankers book evidence act, 1891 bare acts law library. The bankers book evidence act, 1891 the lawyers and. An act to amend the law of evidence with respect to bankers books. Xviii of 1891 1st october, 1890 an act to amend the law of evidence with respect to bankers books. 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. The bankers books evidence act, 1891 submission of certified copies of. Bankers books evidence act, 1891 linkedin slideshare. Subject to the acts shortening acts, the bankers books.
Bankers books evidence amendment bill, 1959second and. Laffoy j approved previous high court decisions stating that a bank witness is entitled to give evidence of the banks records showing the amount due by a customer of that bank. Are magistrates courts statutorily empowered to grant. The bankers book evidence act 1891 cid, crime branch. Get the bankers book evidence act 1891 microsoft store.
Evidence bankers books an act to amend the law of evidence with respect to bankers books. It is, therefore, advised that all regional rural banks should comply with the provisions of the bankers books evidence act, 1891 while furnishing certified copies and computer printouts to courts. 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 to the same extent as, the original entry itself is now by law admissible, but not further or otherwise. One dated 28th may, 2014 and the other dated 27th february, 2015.
In this act, unless the context otherwise requires. Case in which officer of bank not compellable to produce. The principal act is hereby amended by the substitution for section 9 thereof of the section set out in the schedule to this act. Case in which officer of bank not compellable to produce books 6.
Information technology act, 2000 bare acts law library. This act has been extended to pondicherry by act 26 of 1968 sec. 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. The object of this bill is to amend the bankers books evidence act, 1879, in certain respects with regard to which attention has been called to the need for amendment by the irish banks standing committee and in the report of the committee on company law reform. Where the same is granted, the onus is shifted on the. Case in which officer of bank not comparable to produce books. 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. Any discrepancy in the records will amount to violation of the act. Bankers books evidence act, 1891 title and extent 1 this act may be called. 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. An act to provide for the law of evidence relating to bankers books.
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