Judgment Search Results Home > Cases Phrase: bankers books evidence act 1891 section 3 powers to extend provisions of act Page 1 of about 204 results (0.223 seconds)

Podelly Chinna Chinnanna Vs. Bandari Pedda Bhumanna and ors.

Court : Andhra Pradesh

Reported in : 2004(1)ALD241a; 2004(1)ALT585

..... the competence does not take in the compellability, though certain witnesses like officer of bank are exempted under banker books evidence act, 1891. ..... relying on section 118 of the evidence act, it was further held that testimonial compulsion is the very foundation of the law of evidence for without such compulsion every refusal to give evidence will render administration of justice impossible. ..... as contemplated under section 18 of the evidence act, statements made by an agent constitute a valid admission. ..... section 60 of the evidence act insists oral evidence to be direct viz. ..... section 118 of the evidence act envisages as to who may testify. ..... section 85 of the evidence act envisages presumption of execution and authentication of the document where it is authenticated by notary public, or any court, judge, magistrate, indian consul etc. ..... , : air1990ap340 , this court while considering order iii, rules 1 and 2 and section 119 of the cpc held that a non-advocate cannot be permitted to address the court on the strength of power of attorney since the right to plead and practice in courts for a principal is subject to the provisions of the advocates act. ..... the competency as provided for further gets extended under section 120 there of providing that in any civil proceedings the husband or wife of a party to a suit shall be a competent witness. ..... though the very expression 'act' is sufficiently wide enough, the procedural format extends to appearance and application. .....

Keshav Benakaji Kulkarni Vs. State By Central

Court : Karnataka Dharwad

..... (3) nothing in this section shall be deemed- (a) to affect sections 123 and 124 of the indian evidence act, 1872 (1 of 1872 ), or the bankers' books evidence act, 1891 (13 of 1891 ) or (b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph ..... for the purposes of any investigation, inquiry, trial or other proceeding under this code by or before such court or officer, such court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order. ..... it has got vital role to play in any given trial in not only facilitating the parties to place evidence on record, but also empowers the court at any stage to summon the document, which the parties want to ..... the attempt made by the petitioners to obtain such document through rti act remained unsuccessful and therefore there was sufficient ground laid by the petitioners for seeking summoning of the ..... reading of the language employed in the said provision of law, it is crystal clear that application of section 91 of cr.p.c. ..... regard as attempt made by the petitioners to obtain the said copy through right to information act (hereinafter referred to as 'rti act' for short) came to be rejected by the concerned bank. ..... limit itself to the enquiry or the investigation but it would also extend for trial. .....

Aravind Sankar Navalagund Vs. State By Central Bureau Of

Court : Karnataka Dharwad

..... (3) nothing in this section shall be deemed- (a) to affect sections 123 and 124 of the indian evidence act, 1872 (1 of 1872 ), or the bankers' books evidence act, 1891 (13 of 1891 ) or (b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph ..... for the purposes of any investigation, inquiry, trial or other proceeding under this code by or before such court or officer, such court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order. ..... it has got vital role to play in any given trial in not only facilitating the parties to place evidence on record, but also empowers the court at any stage to summon the document, which the parties want to ..... the attempt made by the petitioners to obtain such document through rti act remained unsuccessful and therefore there was sufficient ground laid by the petitioners for seeking summoning of the ..... reading of the language employed in the said provision of law, it is crystal clear that application of section 91 of cr.p.c. ..... regard as attempt made by the petitioners to obtain the said copy through right to information act (hereinafter referred to as 'rti act' for short) came to be rejected by the concerned bank. ..... limit itself to the enquiry or the investigation but it would also extend for trial. .....

The Industrial Finance Corporation of India Vs. Delhi Administration a ...

Court : Delhi

Reported in : [1973(27)FLR207]; ILR1973Delhi29; 1974LabIC223

..... (60) section 31 provides that the corporation shall be deemed to be a bank for the purposes of the banker's books evidence act, 1891. ..... it was pointed out that the life insurance corporation is a statutory corporate body created under the life insurance act, 1956, and that a perusal of the provisions of the act shows clearly that the activity of the corporation is only business activity and it possesses no power which in any manner can be exercised to affect the activities of other citizens. ..... instrument given to the corporation whereby security is given or is purported to be given to the corporation for any accommodation granted by it under this act willfully makes any false statement, or knowingly permits any false statement to be made, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees or with both' ; that whoever without the consent in writing of the corporation uses the name of the corporation ..... in any prospectus or advertisement shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both; and that no court shall take cognizance of any offence punishable under the act otherwise than on a complaint in writing signed by an officer of the corporation authorised by the board in that behalf. .....

Sonu Textiles and ors. Vs. Punjab National Bank

Court : Mumbai

Reported in : 2008(3)BomCR889; 2008(2)MhLj218

..... discretion vested in the tribunal is in addition to the fact that in terms of rule 12(8) the provisions contained in section 4 of the bankers' books evidence act, 1891 shall apply to a certified copy of an entry in a banker's book. ..... course, further to add to the same provision of section 22(3) of the act, to what extent the tribunal shall be vested with the power of the civil court). ..... central administrative tribunal, while referring to the provisions of section 22(3) and order xi of civil procedure code and while following its own orders passed in different cases, as referred to above (supra), recorded a finding that the tribunal had no power to direct the respondents to answer the interrogatories, as there was no specific provision in the act. ..... while the tribunal has, no doubt, been given the power of summoning and enforcing the attendance of any witness and examining him on oath, but the act does not contain any provision which makes it mandatory for the witness to be examined, if such a witness could be ..... discretion vested in the tribunal in furtherance to the provisions relating to procedural law is to be guided by settled judicial norms and is a controlled exercise of power unlike 'do as you like'. ..... the framers of the rule in their wisdom further vested the tribunal with the specific power to require the witness, who has sworn an affidavit, to be present in court for cross-examination, subject to its satisfaction and the terms stated in proviso to sub-rule (6) of rule 12 of the .....

A.C. Sharma Vs. Delhi Administration

Court : Supreme Court of India

Reported in : AIR1973SC913; 1973CriLJ902; (1973)1SCC726; [1973]3SCR477

..... -in this sub-section, the expressions 'bank' and 'bankers' books' shall have the meanings assigned to them in the bankers' books evidence act, 1891.18. ..... it is merely concerned with the object of making provision for safeguarding against arbitrary use of power of investigation by officers below certain ranks, so that public servants concerned are saved from frivolous harassment at the hands of disgruntled persons. ..... vests in the central government and section 5 empowers the central government to extend to any area in a state not being a union territory the powers and jurisdiction of members of this establishment for the investigation of any offences or classes of offences specified under section 3. ..... subject to the orders of the central government the members of such establishment exercising such extended powers and jurisdiction are to be deemed to be members of the police force of that area for the purpose of powers, functions, privileges and liabilities. ..... act it extends to the whole of india. ..... clause (k) extends the sweep of this notification by including in its scope attempts, abetments and conspiracies in relation to or in connection with the offences mentioned in clause (a) to (h) and also any other offence committed in the course of those transactions arising out of .....

Ramakrishnan Vs. V.S. Kuttan Pillai and anr.

Court : Kerala

Reported in : 1979CriLJ177

..... (3) nothing in this section shall be deemed-(a) to affect sections 123 and 124 of the indian evidence act, 1872 (1 of 1872), or the bankers' books evidence act, 1891 (13 of 1891), or(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or ..... lazy and pernicious reliance upon the accused's testi-mony extracted by force of law.such, finally, is the practical requirement that follows from the necessity of recognising other unquestioned methods of procuring evidence; for if the privilege extended beyond these limits, and protected an accused otherwise than in his strictly testimonial status, if, in other words, it created inviolability not only for his physical control of his own vocal utterances, ..... search warrants as being illegal and for ordering a return of the documents seized.one of the contentions raised was that seizure of the article amounted to compelled production thereof and the provisions which permit searches and seizures of documents in the possession of an accused in the case amounted to violation of the fundamental right under article 20(3). ..... of any investigation, inquiry, trial or other proceeding under this code by or before such court or officer, such court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order. .....

Chetan Sharma vs.state & Another

Court : Delhi

..... . in this sub-section, the expressions bank and bankers books shall have the meanings assigned to them in the bankers book evidence act, 1891 ..... . irrespective of there being any statutory provision acting as a restriction on the powers of the courts, the restriction imposed by section 6 of the special police act on the powers of the union, cannot be read as restriction on the powers of the constitutional courts ..... . according to section 4 the superintendence of dspe vests in the central government and section 5 empowers the central government to extend to any area in a state not being a union territory the powers and jurisdiction of w.p ..... . subject to the orders of the central government the members of such establishment exercising such extended powers and jurisdiction are to be deemed to be members of the police force of that area for the purpose of powers, functions, privileges and liabilities ..... . turning to the dspe act, it extends to the whole of india ..... . clause (k) extends the sweep of this notification by including in its scope attempts, abatements and conspiracies in relation to or in connection with offences mentioned in clauses (a) to (h) and also any other offence committed in the course of those transactions arising out of the .....

State of Punjab Vs. Harnek Singh.

Court : Supreme Court of India

..... -- in this sub-section, the expressions "bank" and "bankers' books" shall have the meaning assigned to them in the bankers' books evidence act, 1891 (18 of 1891). ..... appointment, notification, order, scheme, rule form or bye-law made or issued under the provisions so re-enacted and when any central act or regulation, which, by a notification under section 5 or 5a of the scheduled district act, 1874 (xiv of 1974), or any like law, has been extended to any local area, has, by a subsequent notification, been withdrawn from the re-extended to such area or any part thereof, the provisions of such act or regulation shall be deemed to have been repealed and re- enacted in such area or part ..... there were notifications which were valid under the new act by virtue of section 6 and 24 of general clauses act unless these were formally rescinded, the same hold good and the notings on the file to any effect cannot be made basis for striking down those notifications".it is, therefore, evident that the notifications issued by the government of punjab, in exercise of the powers conferred under section 5a of the 1947 act, empowering and authorising the inspectors of police posted in special inquiry .....

State Bank of India Vs. Smt. Gita Devi

Court : Jharkhand

Reported in : [2008(1)JCR298(Jhr)]

..... c and the said documents are not the substitute of the books of accounts which is a bank record and is admissible in evidence under the provision of section 4 of the banker's book evidence act, 1891. ..... he submitted that learned court below has erroneously discarded the said evidence against the provision of section 4 of the banker's book evidence act, 1891.13. ..... in view of the provision of section 4 of the banker's book evidence act, 1891, the said documents are admissible in evidence. ..... 22 series) is not true and correct and the same cannot be accepted as evidence in view of the provision of section 4 of the banker's book evidence act, 1891. ..... in order to appreciate the said contention, the provision of section 4 of the banker's book evidence act, 1891 is to be noticed. ..... deepak kumar bharati, learned counsel appearing on behalf of the appellant, submitted that the said statement of accounts was issued by the branch manager duly certified by him and under section 4 of the banker's book evidence act, 1891, the same is admissible in evidence and if the said statement of accounts bears the entry of the balance amount due against the defendant, the plaintiffs claim cannot be thrown out. ..... learned court below has held that the said part of the evidence cannot be accepted in the banker's book evidence act, 1891 and the statements as such are wholly inadmissible in evidence. .....