Title : BANKERS' BOOKS EVIDENCE ACT, 1891
State : Central
Year : 1891
BANKERS' BOOKS EVIDENCE ACT, 1891 [Act, No. 18 of 1891] [1st October, 1891] PREAMBLE An Act to amend the Law of Evidence with respect to Bankers' Books. WHEREAS, it is expedient to amend the Law of Evidence with respect to Bankers' Books, it is hereby enacted as follows: - View Complete Act List Judgments citing this sectionTitle : Title and Extent
State : Central
Year : 1891
(1) This Act may be called The Bankers' Books Evidence Act, 1891. (2) It extends to the whole of India 1 [except the State of Jammu and Kashmir] 2 [* * *] _______________________ 1. Substituted for the words "except Part B States" by Part B States (Laws) Act, 1951 (3 of 1951). 2. The word "and" at the end of sub-section (2) and sub-section (3) were repealed by the Repealing and Arnending Act, 1914 (10 of 1914). View Complete Act List Judgments citing this sectionTitle : Definitions
State : Central
Year : 1891
In this Act, unless there is something repugnant in the subject or context, - 1[(1) "company" means any company as defined in Section 3 of the Companies Act, 1956, and includes a foreign company within the meaning of Section 591of that Act. (1A) "corporation" means any body corporate established by any law for the time being in force in India and includes the Reserve Bank of India, the State Bank of India and any subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959.] (2) "bank" and "banker", mean- 2[(a) any company or corporation carrying on the business of banking.] (b) any partnership or individual to whose books the provisions of this Act shall have been extended as hereinafter provided, 3[(c) any post office savings bank or money order..... View Complete Act List Judgments citing this sectionTitle : Conditions in the Printout
State : Central
Year : 1891
1[2A - Conditions in the printout A printout of entry or a copy of printout referred to in sub-section (8) of section 2 shall be accompanied by the following, namely: - (a) a certificate to the effect that it is a printout of such entry or a copy of such printout by the principal accountant or branch manager ; and (b) a certificate by a person in-charge of computer system containing a brief descriptions of the computer system and the particulars of- (A) the safeguards adopted by the system to ensure that data is entered or any other operation performed only by authorised persons; (B) the safeguards adopted to prevent and detect unauthorised change of data; (C) the safeguards available to retrieve data that is lost due to systemic failure or any other reasons; (D) the..... View Complete Act List Judgments citing this sectionTitle : Powers to Extend Provisions of Act
State : Central
Year : 1891
The State Government may from time to time, by notification in the Official Gazette, extend the provisions of this Act to the books of any partnership or individual carrying on business of bankers within the territories under its administration, and keeping a set of not less than three ordinary account-books namely, a cash-book, a day-book or journal, and a ledger, and may in like manner rescind any such notification. View Complete Act List Judgments citing this sectionTitle : Mode of proof of entries in bankers' books
State : Central
Year : 1891
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. View Complete Act List Judgments citing this sectionTitle : Case in Which Officer of Bank Not Compellable to Produce Books
State : Central
Year : 1891
No officer of a bank shall in any legal proceeding to which the bank is not a party be compellable to produce any banker's book the contents of which can be proved under this Act, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of the Court or a Judge made for special cause. View Complete Act List Judgments citing this sectionTitle : Inspection of Books by Order of Court or Judge
State : Central
Year : 1891
(1) On the application of any party to a legal proceeding the Court or a Judge may order that such party be at liberty to inspect and take copies of any entries in a banker's book for any of the purposes of such proceeding, or may order the bank to prepare and produce, within a time to be specified in the order, certified copies of all such entries, accompanied by a further certificate that no other entries are to be found in the books of the bank relevant to the matters in issue in such proceeding, and such further certificate shall be dated and subscribed in manner hereinbefore directed in reference lo certified copies. (2) An order under this or the preceding section may be made either with or without summoning the bank and shall be served on the bank three clear days (exclusive of..... View Complete Act List Judgments citing this sectionTitle : Costs
State : Central
Year : 1891
(1) The costs of any application to the Court or a Judge under or for the purposes of this Act and the costs of anything done or to be done under an order of the Court or a Judge made under or for the purposes of this Act shall be in the discretion of the Court or Judge, who may further order such costs or any part thereof to be paid to any party by the bank if they have been incurred in consequence of any fault or improper delay on the part of the bank. (2) Any order made under this section for the payment of costs to or by a bank may be enforced as if the bank were a party to the proceeding. (3) Any order under this section awarding costs may, on application lo any Court of Civil Judicature designated in the order, be executed by such Court as if the order were a decree for money..... View Complete Act List Judgments citing this sectionTitle : Order of Court to Be Construed to Be Order Made by Specified Officer
State : Central
Year : 1891
1 [8. Order of court tobe construed to be order made by specified officer In the application of sections 5, 6and 7 to any investigation or inquiry referred to in sub-clause (iii) of clause(4) of section 2, the order of a court or a Judge referred to in the saidsections shall be construed as referring to an order made by an officer of arank not lower than the rank of a Superintendent of Police as may be specifiedin this behalf by the appropriate Government. Explanation. - In this section,"appropriate Government" means the Government by which the policeofficer or any other person conducting the investigation or inquiry isemployed.] _______________________ 1. Inserted by the Banking Laws (Amendment) Act(1 of 1984) w.e.f 15.02.1984. View Complete Act List Judgments citing this section