Court : Kolkata
Reported in : AIR1962Cal325,[1963]33CompCas1(Cal)
..... this is not certified according to the bankers' books evidence act for the good reason that under that statute a certified copy means a copy of any entry in the books of a bank together with a certificate written at the foot of such copy'that it is a true copy of such entry, that such entry is contained in one of the ordinary books of the bank and was made in the usual and ordinary course of business, and that such book is still in the custody of the bank ..... it follows from the law relating to letter of credit that if any negotiation or drawing of documents was only to be made within the period of validity in this case, then either (1) such power to negotiate or draw should have been given by the actual terms of the letter of credit or (2) necessarily implied which in this case by specific mention of other documents, such as bill of lading, invoice, weight list and insurance policy ..... the plaintiff's case is that the period of validity was extended from 31st december 1947 to 5th january 1948. ..... express provision is made for negotiation of bill of exchange and drafts. ..... it is unnecessary again to deal with this case in detail for the simple reason that there the letter of credit again was entirely different with the express provision. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal9
..... the first answer is that section 45p, banking companies act, 1949 as amended is not a provision in derogation of the evidence act, the bankers books evidence act and the ordinary laws of evi-dence but is in addition thereto. ..... now section 2(8), bankers' books evidence act defines a certified copy to mean a copy of an entry in the books of a bank together with a certificate written at the foot of such copy that it is a true copy of such entry, that such entry is contained in one of the ordinary books of the bank made in the usual and ordinary course of business and that such book is still in the custody of the bank, such certificate being dated and subscribed by the principal accountant or manager of the bank. ..... then section 4, bankers' books evidence act clearly states that such certified copy shall, in all legal proceedings, be received as prima facie evidence of the existence of such entry and shall be admitted as evidence as 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 lut not further or otherwise. ..... in any event a court has under the evidence act and also under the bankers' books evidence act ample power to admit certified copy of the statement of account of the entries in a bankers' book as evidence. .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)3CALLT172(HC),2000(2)CHN68,[2001]106CompCas492(Cal)
..... apart from this, the provision of section 4 of the bankers' books evidence act, 1891 provides that-'4, mode of proof of entries in bankers' books--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'.8. ..... he has relied upon the provision of section 4 of the bankers' books evidence act, 1891. ..... as per the provisions of section 138 of negotiable instruments act, it raises a presumption about the liability of the petitioner. ..... the complainant/opposite party filed a complaint on 15.4.92 against the revision petitioner under section 138 of the negotiable instruments act, 1881 before the learned chief metropolitan magistrate, calcutta, (liter alia, alleging that the accused/petitioner in discharge of his existing liability issued an a/c payee cheque being cheque no. ..... but on the basis of the provision of the general clauses act and also on the judgment cited above, i have no other option, but to hold that there was proper service upon mr. d. k. ..... a learned single judge drawing the presumption under section 27 of the general clauses act, 1897 and also relying upon a judgment of the supreme court in the case of state of kerala v. t. k. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1977Cal280
..... this is an application under the bankers' books evidence act, 1891, for an order upon the punjab ..... said witness produced a copy of the statement of the bank but the same could not be tendered in evidence because the witness had no knowledge in respect thereto nor was the said document a certified copy of the ..... secondly, that at this stage if such a document is allowed to be produced and tendered in evidence his client would suffer serious prejudice because he would not be in a position to cross-examine any of the defendants or the witnesses called on behalf of the defendants on this document and thirdly, that the document ..... howrah, for a particular period so that the same might be utilised as a piece of evidence in the trial of this suit which is continuing before this court now.2. ..... the legislature has endowed the courts with wide powers of ordering production of documents necessary for the determination of matters before the court, and for directing inspection of those documents but it must always be borne in mind that an order directing a person to produce or give inspection of his books in a dispute to which he is not a party involves a serious inroad upon his normal rights as a citizen and the courts have always set their faces ..... 36 as follows :--'there is no doubt truth in the contention that it may be difficult, or even impossible for the complainant to prove his case without inspection of the bank's books, but the court has to have regard to other aspects of the matter. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1974Cal151
..... an officer of the plaintiff bank, produced a statement of the defendant's account with the plaintiff bank duly certified by the branch manager under the bankers' books evidence act and deposed to the correctness of the said statement. ..... on the 6th february, 1964 by virtue of the provisions of the banking companies act, all the assets and liabilities of the metropolitan bank ltd were transferred and vested in the plaintiff bank thereafter the defendant became a constituent of the plaintiff bank and continued to operate the said current ..... having heard to the evidence given by mr. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1992Cal296,[1995]84CompCas799(Cal)
..... it is not disputed before me that exhibit 'h' is certified in accordance with the bankers' book evidence act. mr. ..... 34 of the evidence act liability cannot be fixed upon the defendants by reason only of proof of entries in the books of accounts. mr ..... their lordships of the supreme court felt that there was no evidence apart from the books of accounts to prove the advance of this sum ofrs. ..... the defendants lost valuable right therefor?6) a) did the defendants agree to pay interest at the alleged rates as contained in schedule 'm' to the plaint or at any lower rate?b) ate the rates of interest contrary to the usurious loans act as alleged in paragraph 7 of the written statement?7) is the suit barred by limitation?8) to what reliefs, if any, is the plaintiff entitled? ..... that case lays down the proposition that by reason of entries alone in the books of accounts, it would not be permissible for a court of law to pass a decree fixing liability on the ..... is no dearth of documents for the purpose of additional evidence for corroborating the entries in the books of accounts.9. ..... the same not being in evidence, there is no alternative to granting the bank any interest other than only a minimum rate prescribed in the aforesaid promissory ..... under those circumstances, the evidence as to the amount due given by the bankwould not need much confirmation for the purpose of passing of a ..... i need not enter into the questions raised by counsel on the various sections of the negotiable instruments act (ss. .....
Tag this Judgment!Court : Kolkata
Reported in : (1904)ILR31Cal284
..... march 1908 the secretary and treasurer of the bank informed the registrar that the bank had, been advised, that the banker's books evidence act under which the order of the 13th february 1903 had been made was not applicable, to the loan register, and that the bank's proper course, has to give notice to show cause against the order under section 6, sub-section 3 of the act mentioned. ..... the other question which has been raised as to whether the loan register is a banker's book within the meaning of the banker's book evidence act, it is unnecessary to decide, as i have already held, that the register is a public document and that the plaintiff in this particular case is entitled to inspection, at least to the extent specified, and to certified copies of ..... that the bank in so far as it is concerned with the management of the public debt office on behalf of government, is not a banker within the meaning of the banker's books evidence act, and that' the loan register is not a banker's book within the meaning of the same act.7. ..... 682 of 1896 a somewhat similar order to that of the 18th february last was made under the bankers' books evidence act and was complied with by the bank.18. ..... security for the father discharge of the duties of one of his sons, kanai lal dhar, the father of the defendants boistab charan and natobar dharj lal dhar died on the 14th december 1891, leaving him surviving the two sons just mentioned, and these sons are still employed in the firm of anderson, wright & co. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal377,[1961]31CompCas283(Cal),65CWN110
..... roy referred to the provisions of the bankers' books evidence act, 1891, and in particular, sections 5 and 6 thereof. ..... under section 5 of the bankers' books evidence act no officer of a bank shall in any legal proceeding to which the bank is not a party be compelled to produce any banker's book, the contents of which can be proved under the act, to appear as a witness, to prove matters, transactions and accounts therein recorded unless by an order of court or a judge made for a special use. ..... in the affidavit affirmed by the registrar of companies, west bengal as a ground in support of the application it is stated first, that the master had or has no jurisdiction or power to issue any subpoena except with the leave of the court for production of documents under the companies act; secondly, it is stated in the affidavit that if subpoenas are issued by the master inthe usual course and without leave of the judge the work and records of the office will be upset ..... it was argued in that case that inasmuch as under section 18 of the charter of the supreme court the court was a court of equity and had full power and authority to administer justice as nearly as might be according to the rules and proceedings of the supreme court of chancery in great britain, the court was competent to make rules and delegate the exercise of judicial functions to its .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1992Cal76,[1993]76CompCas349(Cal)
..... the bankers' books evidence act has defined 'bank' as any company or corporation carrying on the business of banking and 'bankers' books' include ledgers, day-books, cash 'books, account books and all other books used in the ordinary business ofabank. ..... at calcutta, claiming securities other than the ancestral home of the defendants : that none of the defendants had ever mortgaged, pledged or hypothecated any personal assets, movable or immovable, nor has the plaintiff advanced any evidence in support of such allegation/claim on the ancestral home of defendants 1 and 2; that they did not deposit the title deed by way of equitable mortgage on 17th june 1966 but that the deeds were deposited in june ..... the evidence on record clearly shows that the defendants had created an equitable mortgage by deposit of title deeds in respect of the suit properties and that the intention of depositing the title deeds was to create such an equitable mortgage. ..... 1(a) is admissible in evidence and we have found it to be reliable. ..... from the evidence of pw 1, sri s. b. ..... by the said interim orderthe official receiver of the high court, calcutta was also appointed receiver over all the hypothecated movable properties of the company including book debts and bills. .....
Tag this Judgment!Court : Kolkata
Reported in : 1980CriLJ484
..... by the competent bank authorities to be the true copies and as such admissible in evidence under the bankers' books evidence act to the same extent as its original itself. ..... chief before the framing of the charge is not admissible according to the provisions of section 33 of the indian evidence act, mr. ..... in this case, it has been heldin order that the evidence of a witness in the earlier proceeding be admissible under section 33, evidence act, one of the conditions is that the opposite party should have had right and opportunity to cross-examine him.it was further heldon a consideration of the provisions of chapters 18, 20, 21 and 23, it is clear that in a warrant, case an accused has no right ..... to cross-examine, the deposition does not become admissible under section 33 of the evidence act, because there was cross-examination.mr. ..... this case thatthe accused has no right to cross-examine the witness before framing of the charge within the meaning of section 33, evidence act.the next case relied on by mr. ..... evidence under section 33 of the evidence act ..... evidence given before charge is inadmissible under section 33, evidence act ..... cross-examine that witness in the committing court, the counsel had preferred not to cross-examine at that stage and had reserved it for the sessions court, both the conditions of section 33 were satisfied and the evidence of such witness recorded in a committal court was admissible in sessions, trial.in our opinion, the principle laid down in the cases cited by mr. .....
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