Judgment Search Results Home > Cases Phrase: bankers books evidence act 1891 section 3 powers to extend provisions of act Court: chennai Page 1 of about 11 results (0.147 seconds)

P.N. Venkatasubramania Ayyar Vs. K.V. Srinivasa Ayyangar and ors.

Court : Chennai

Reported in : AIR1959Mad445; (1959)2MLJ173a

..... under section 4 of the banker's books evidence act (xviii of 1891) 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 ..... extent as the original entry itself is now by law admissible, but not further or otherwise.section 5 provides that no officer of a bank shall in any legal proceedings to which the bank is not a party be compellable to produce any banker's book the contents of which can be proved under the act unless by order of the court or a judge made for special cause. ..... , because the renewal was not in favour of the same creditor, the plaintiff and the bank being two different persons in law; nor can it be said that the plaintiff was a person acting on behalf of or in the interests of the general bank ltd.on behalf of the defendant the following facts were pressed into service; namely, that narayana iyer was the managing director of the ..... the defendant stated that he was an agriculturist and that he was entitled to the benefits of the madras act iv of 1938 as amended in 1948, and that under the provisions of that act he was entitled to trace the suit claim to the original borrowing and that on a proper sealing down of the debt the defendant would be liable to ..... , that the plaintiff had full powers of management of the entire business of the bank, that out of a total subscribed .....

A. Chidambaram Vs. Dr. S. Rajagopal

Court : Chennai

..... 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 (2) any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same (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 ..... hence, he filed petition under section 45 of the indian evidence act, which was dismissed. ..... and under section 45 of the indian evidence act respectively, came to be dismissed. 2 ..... in respect of section 45 of the indian evidence act is concerned to send document for forensic department to ascertain the age of the writing he has given a ..... the first limb of the argument is that he has not received statutory notice under section 138(b) of the negotiable instruments act and he has taken me to the page no.10 of the typed set of papers wherein, postal endorsement has been made ..... the petitioner who is the accused in c.c.no.9262 of 2007 facing criminal case under section 138 of the negotiable instruments act has come forward with these petitions stating that the issuance of cheque is admitted, it has been subsequently filled up and to ascertain the age of the ink, the document has to be sent for forensic .....

J. Veeraraghavan Vs. Lalith Kumar

Court : Chennai

Reported in : [1995]83CompCas853(Mad)

..... drawer on the date when the cheque had been drawn, will be relevant only during the stage of trial and such a question is capable of being decided, with ease and grace, by the court on the adduction of evidence by utilising the salient provisions adumbrated under the provisions of the bankers' books evidence act, 1891. ..... made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both: provided that nothing contained in this section shall apply unless - (a) the cheque has been presented to the bank within a period of six months from the date ..... moosad , took a similar view that when a cheque stood returned with an endorsement 'stop payment' without a specific allegation made in the complaint that the cheque bounced for want of sufficiency of funds, no offence under section 138 of the act was made out and the complaint had to be quashed as not maintainable in exercise of the powers under section 482 of the code. 19. ..... however, in that particular case, the learned judge was not inclined to quash the pending prosecution in exercise of the powers under section 482 of the code of criminal procedure (for short 'the code'), since the complaint contained allegations that there was insufficiency of funds, though the bank return was on the ground of payment having been .....

Veeraraghavan Vs. Lalith Kumar

Court : Chennai

Reported in : 1995CriLJ1882

..... drawer on the date when the cheque had been drawn, will be relevant only during the stage of trial and such a question is capable of being decided, with ease and grace, by the court on the adduction of evidence by utilising the salient provisions adumbrated under the provisions of bankers book evidence act, 1891. ..... an authoritative pronouncement : (i) will a magistrate be competent to take cognizance of a private complaint when the return by the bank of the cheque bears an endorsement of contingencies or eventualities other than the ones mentioned in section 138 of the negotiable instruments act (ii) will it permissible to invoke the inherent power under section 482 of the code of criminal procedure, to put an end to the prosecution, merely because certain words in the statute had not been reproduced in the complaint notwithstanding the fact that ..... , refused to liberally construe the provisions of section 138 of the act so as to extend its provisions also to a situation covering dishonour of cheque on the ground of 'account closed'. ..... made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both : provided that nothing contained in this section shall apply unless - (a) the cheque has been presented to the bank within a period of six months from the date .....

State Bank of India Vs. Dr. T.K. Subramaniam and ors.

Court : Chennai

Reported in : [2001]103CompCas725(Mad)

..... learned counsel for the appellant relies on section 34 of the evidence act and section 4 of the bankers' book evidence act for the proposition that entries in the account books regularly kept in the usual course of business are relevant for the purpose of ..... section 4 of the bankers' books of evidence act says that a certified copy of the entries are prima facie evidence of the existence of ..... be charged with liability on the basis of mere entries whether the entries produced are the original entries or copies under section 4 of the bankers' book evidence act.'38. ..... noticed the fact that exhibit a-5 contained a clause which made the fifth defendant liable, independent of other securities and irrespective of sections 140 and 141 of the indian contract act, whereas the earlier guarantee under exhibit a-53, dated september 25, 1978, did not contain such a clause. ..... necessary to quote the entire clause, except to say that the guarantee is said to be effective, notwithstanding the provisions of sections 140 and 141 of the indian contract act or any other section of that act or any other law. ..... had on various occasions admitted the credit facilities extended to the principal debtor. ..... refers to the cash credit limit extended to the first defendant as ..... of a creation of an equitable mortgage on the said property by way of primary collateral security for the amounts due to the bank from the concern of sri jayalakshmi textiles under the following' credit facilities extended to me/it by the bank'.34. .....

V.K. Abraham Vs. N.K. Abraham

Court : Chennai

Reported in : AIR1978Mad56

..... but no person can be charged with liability on the basis of mere entries whether the entries produced are the original entries or copies under section 4 of the bankers' books evidence act. ..... we do not coneider that there is any deficiency in the matter of corroboration of the entries in the books as required by section 34 of the evidence act. ..... , as follows (at page 1060 of air) --"the original entries alone under section 34 of the evidence act would not be sufficient to charge any person with liability ... ... ... ..... the legislature, however, does not require any particular form or kind of evidence in addition to entries in books of account, and i take it that any relevant facts which can be treated as evidence within the meaning of the evidence act would be sufficient corroboration of the evidence furnished by entries in the books of account, if true,"14. ..... for this purpose reliance was placed on section 34 of the indian evidence act and also some decisions to be noticed presently. ..... 34 of the evidence act lays down that the entries in books of account, regularly kept in the course of business, are relevant, but such a statement will not alone be sufficient to charge any person with liability, that merely means that the plaintiff cannot obtain a decree by merely proving the existence of certain entries in his books of account, even though those books are shown to be kept in the regular course of business. ..... "the illustration appended to that provision runs as follows-"a sues b for rs. .....

S.V.R. Saroja and Others Vs. S.V. Matha Prasad

Court : Chennai

..... merely to procedure under the indian companies act, 1913, the guardian and wards act, 1890; indina lunacy act, 1912; the indian successions act, 1925; the court-fees and suits valuation act, 1955; the indian trusts act, 1882;'the arbitration act, 1940; the powers of attorney act, 1882; the bankers books evidence act, 1891; and generally in the matter of any act unless otherwise provided for in the act itself or by rules thereunder or by ..... submission of the learned counsel for the respondent that since the master is a delegatee of this court and the master's order is not appealable or revisable, the order of the learned master under section 340 of cr.p.c cannot be questioned under order 14 rule 12 of o.s.rules before the learned single judge of this court; that though the power of this court is only to review, there can not be any review in the criminal matter. ..... (b)(ii) and (iii) of cr.p.c with regard to amendment and tampering that had taken place in execution petition no.48 of 1997, for offences under section 120(b) r/w 466 ipc, suffers from want of jurisdiction, nullity, non-est in the eyes of law and contrary to the principles and procedure specified under section 340 of cr.p.c, besides suffers from a complete and total non-application of mind and palpable misreading of the case papers in e.p.no.48 of 1997, whereby ..... is no inherent power to make a complaint apart from the provisions of section 195 cr.p.c. ..... the provisions of section 340 ..... provisions under section ..... provisions of section .....

Muthian Vs. Syndicate Bank, Pollachi

Court : Chennai

Reported in : AIR1987Mad248; [1989]65CompCas333(Mad); (1988)IMLJ45

..... the respondent bank would want to take shelter under the provisions of bankers' book evidence act, which provisions are not relevant so far as this aspect discussed supra is ..... in respect of any loan, and if the creditor has parted with the security, order him to indemnify the debtor in such manner and to such extent as it may deem fit.provided that in the exercise of these powers the court shall not:(i) reopen any agreement purporting to close previous dealings and to create a new obligation which has been entered into by the parties or any persons from whom they claim at any date ..... syndicate bank, udayagiri for the following, proposition :-"section 21-a of the banking regulation act inserted by banking laws (amendment) act of 1984, makes the provisions of the usurious loans act inapplicable to transactions between a banking company and its ..... careful reading of the provisions of the usurious loans act makes it clear that this court has power to scrutinise the rate of interest on the loan and come to its own conclusion, namely, to scale down the rate of interest, if it is found to be unconscionable and unreasonable as contemplated by the provisions of the said act. ..... the court's power to reopen the transaction under the provisions of the usurious loans act on ground that the rate of interest charged by a banking company in respect of such a transaction is excessive is no longer ..... (5) nothing in this section shall be construed as derogating from the existing power of jurisdiction of any .....

The Madras Central Urban Bank Ltd. and the Madras City Co-operative Ba ...

Court : Chennai

Reported in : AIR1932Mad474; (1932)62MLJ720

..... in the bankers' books evidence act (xviii of 1891) the word 'company' is defined in section 2(1) thus:'company' means a company registered under any of the enactments relating to companies for the time being in force in the united kingdom or in any of the colonies or dependencies thereof or in british india or incorporated ,by an act of parliament or of the governor-general in council or by royal charter or ..... rajamanikkam argued that even if we do not agree with his contention that the word 'company' in section 110 of the city municipal act should have the same meaning as the word 'company' in the indian companies act, still weshould construe the provisions of section 110 in the light of the district municipalities act of 1920 passed by the same legislature a few months later, which contains the definiition of the word ..... under the bills of sale act debentures charged on other than real property had to be registered, that provision being enacted for the prevention of fraud; but section 17 of that act exempted 'incorporated companies' from the necessity of ..... he urges that the madras district municipalities act was made only a few months after the city municipal act: the two acts were made by the same legislature: they both deal with the constitution, organisation, duties and powers of municipal bodies: they both introduced a new form of tax called ..... 534 the court observed:the word 'includes' has an extending force, and does not limit the meaning of the term to the substance of .....

Saranya Vs. State by Inspector of Police, All Women Police Station Per ...

Court : Chennai

..... (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 ..... discussion, this court is of the view that the source of power for a criminal court to subject a witness and her child to dna analysis flows from section 91 read with the second limb of section 311 cr.p.c.and section 45 of the evidence act. 56. ..... "x" does not submit herself to dna profiling, an adverse inference can be drawn only against her under section 114 of the evidence act, but, that can, in no way help the court to decide on the culpability or otherwise of ..... if any witness or person called to produce a document or thing before a criminal court refuses to answer such question as are put to him or to produce any document or thing in his possession or power which the court requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal such court may, for reasons to ..... in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his persisting in his refusal he may be dealt with according to the provisions of section 345 or section 346." 62. ..... the latter provision provides that witnesses cannot refuse to answer questions during a trial on the ground .....