Court : Madhya Pradesh
Reported in : [1999]96CompCas37(MP)
..... section 4 of the bankers' books evidence act, 1891, lays down that a certified copy of any entry in the banker's book, shall in all proceedings be received as prima facie evidence of the existence of such entry and shall be admitted in evidence of the matters, transactions and accounts therein recorded in every case. ..... therefore, entries of books of account filed by the respondent-bank in support of the claim was prima facie evidence of the existence of such entry and it was not required to be proved by any oral evidence.8. ..... notification dated september 26, 1959, under section 76 of the state bank of india act, authorises the agents which also includes branch managers of the bank to sign and verify the pleadings and documents on behalf of the bank. ..... secondly, shri dwivedi contended that the entries of books of account filed by the bank in support of claims made in the plaint were not legally tendered in evidence. ..... section 21a of the banking regulation act, 1949, is a bar to reopening by the court, the contractual rate of interest entered into between the commercial banks and its debtor, if the interest charged by the bank is consistent with the circular issued by the reserve ..... under section 34 of the code of civil procedure the court in a money decree may award interest exceeding six per cent, on a commercial transaction but not beyond the contractual rate.12. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2005)BC13
..... in this regard it is worth mentioning the under section 4 of the bankers book evidence act, the account of the defendant in the bank which is marked ex. ..... , air 1980 sc 531 that the court has a right to compare the disputed writing to the admitted writing, under section 73 of the evidence act. ..... the appellant has assailed the impugned judgment and decree on the ground that the learned trial court has not properly appreciated the evidence and erred in rejecting the evidence of the plaintiff and as such, the appeal should be allowed and the suit of the plaintiff be decreed.6. ..... on comparison of the signature of the defendant with written statement and vakalatnama it is evident, that the signature of the defendant on the promissory note is the same. ..... appellant/plaintiff has filed the appeal under section 96 of the cpc against the judgment and decree dated 9.12.96 passed by learned additional district judge, rajgarh camp, biaora in civil suit no. ..... p/26 is admissible in evidence. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2007)BC525; 2006CriLJ1988; 2006(1)MPLJ194
..... bankers books evidence act, 1891 and information technology act, 2000 have also been amended by the act ..... having heard learned counsel for the applicant and after perusing the impugned order and other documents filed by the learned counsel for the applicant as well as provision under section 259 of the code, this court is of the opinion that no case is made out for converting the complaint ease filed by the non applicant pending before the trial court into ..... the evidence adduced by the parties could be by way of filing the affidavit as per provision under section 145 of the act and on the application of the prosecution or the accused the court may summon or examine in person giving the evidence as to the facts contained ..... there is no room of doubt that for the purposes of trial an offence falling under the act, provisions of summary trial sections 262 to 265 of the code would be applicable and the summary trial cannot be converted in the ..... section 4 of the code says that when in the statute there is specific provision for trying a particular offence of the said statute then the provision of the code shall not apply and the special provisions of the statute or law that is provisions under section 143 of the act is saved by saving provision of section 5 of ..... the provision of this section given power to the court to presume unless the trial is proved that the holder of the cheque received cheque of the nature referred to in section 138 for discharge in whole or in part or in debt or .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2006MP10; 2005(3)MPLJ158
..... 'certified copy' is defined under the provisions of the banker's books evidence act, 1891, which reads as under:....2(8). ..... counsel further placed reliance on section 4 of the banker's books evidence act, 1891. ..... a certified copy of any entry in a bankers book shall in all legal proceedings be received as prima-fucie 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 ..... section 4 of the act, 1891 ..... section 4 of the act, if a statement of account is submitted duly certified by the bank officer, then the entries of the said account has to be treated as sufficient evidence ..... heard the arguments and perused the record sections 18 and 19 of the limitation act, 1963, which shall hereinafter be referred to as the 'act', deals with the effect of acknowledgment in writing and payment ..... to confirmation of balance, therefore, there is no necessity to take the assistance of section 19 of the limitation act, for extending the period of limitation.12. ..... to whether the document of confirmation of balance was executed or not and not that instead of different-different documents why one document was executed, thus for the purpose of meeting out the requirement of section 18 of the limitation act, exhibit p/20 whereby the balance were confirmed, is sufficient. ..... convenience, relevant part of aforesaid sections are as under:18. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP234; III(2007)BC143; 2005(4)MPHT119
..... counsel for the appellants then invited attention to section 4 of the rankers books evidence act, 1891 and submitted that a certified copy of any entry in a banker's books shall be received as prima facie evidence of the existence of such entry and shall be admitted in evidence, but the entry in the account book will be admissible in evidence to the extent of the original entry itself but not further or ..... contended by the appellants that any person can deposit the amount in the account of borrower but the deposit by the borrower must be proved by the bank and under the banker's books evidence act, 1891 it was the duty of bank to prove that the amount was deposited by the borrower in his account. ..... for the appellants submitted that the loan was taken in the year 1989 and the said loan was extended from time to time, but the extension of period was without the consent of the guarantor. ..... it is true that if the period of limitation is extended by subsequent acknowledgment of borrower, then guarantors will also be liable and limitation will be extended against the guarantors but plaintiffs themselves have pleaded that borrower died on 2-11-1995, therefore burden was on plaintiff to prove that the said borrower has deposited the ..... he submitted that the said deposit is not sufficient to extend limitation unless bank has proved that the said deposit was by the borrower in acknowledging the ..... rishabhchand jain has also agreed to extend the loan facility and submitted the guarantee of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004CriLJ721; 2003(3)MPHT554; 2003(4)MPLJ213
..... (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 authority. 11. ..... and acted merely as an umpire instead of using its power under sections 91, 311, cr.pc and under section 165, evidence act and especially when such kind of passiveness of the court during the course of trial has been condemned by this court in judgments of imran khan (supra) and raju @ rajendra prasad (supra). 12. ..... sessions judge has not gone through both the judgments and also not aware of the above mentioned provisions in cr.pc and evidence act empowering the court to deal such a contingency especially when prosecution and a.g.p. ..... in the case of raju @ rajendra prasad (supra), this court has in detail dealt with the power of trial court under section 311, cr.pc and under section 165 of evidence act. ..... in both these judgments, this court has in detail dealt with sacrosanct duty of prosecutor, who is incharge of the case and power of the trail court under section 311, cr.pc and under section 165, evidence act. ..... under these provisions, the learned trial court has ample power and discretion to interfere and control the conduct of trial properly, effectively and in the manner as prescribed by law. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1963]47ITR864(MP)
..... and other decisions of the supreme court and the privy council that the legitimate occasion for the application of rule 27 is when on examining the evidence as it stands some inherent lacuna or defect becomes apparent, not where a discovery is made outside the court, of fresh evidence and an application made to import it, that the trustee is whether the appellate court is able to pronounce decision on the material before it ..... examined or any affidavit to be filed to enable it to pass order or for any other substantial cause, or if the income-tax office has decided the case without giving a sufficient opportunity the assessee to add evidence either on points specified by his or not specified by him the tribunal may allow such document to be produced or witness to be examined or affidavit to be filed or may allow such ..... section 23(2) of the act was issued to babulal nim, the karta of the hindu undivided family, he produced the pass book of the account of the family with ramchandra & sons, show, a local banker ..... it is interesting to note that in the reply which the assessee filed opposing the departments application under section 66(1) (page 27 of the paper-book), the assessee has said that when during the hearing of the appeal the tribunal questioned him about the statement given by him before the income-tax officer ..... if the tribunal was within its power in admitting that statement, then the finding of the tribunal on the acceptance of that ..... but the power strictly limited by rule .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT97
..... perusal of findings recorded by the inquiry officer unmistakably reveals that the entire evidence was taken into account by the inquiry officer which was led by the petitioner in support of his case.12. ..... it was, therefore, his submission that inquiry officer did not properly take into consideration the evidence led by the petitioner resulting in vitiating the conclusion arrived at in proceedings.9. ..... the argument of learned counsel for petitioner that evidence led by the petitioner was not considered has no force. ..... he also urged that even in departmental proceedings, much evidence was led by the petitioner to show that he belongs to scheduled caste 'saharia'. ..... 1, is a bank established under the regional rural bankers act, 1976 (act no. 21/76). ..... this evidence according to learned counsel was enough to conclude that petitioner belongs to saharia caste. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1982MP85
..... from the term, 'bills negotiated' or 'bill discounted', which are bills for which the banker has given value at once, instead of waiting till the banker has actually received the proceeds of the bills when collected, thus, in the case of the bills handed over to the banker by the customer for collection when due and to credit the amount in the account of the ..... the bills have been discussed and at page 375 under the head note, 'documentary or other bills', it has been stated that the bankers need not make thorough inquiries about the credit of the parties in case of documentary bills to which documents of title of goods, such as railway receipts etc, are attached because in case ..... the transport receipts are equated with the goods covered by them for the purposes of constituting delivery of goods within the meaning of the contract act and that transport receipt is a document of title to the goods covered by it and the transfer of the said document for consideration effects a constructive delivery of goods also.13. ..... ' a reading of the substantive part of section 50 will go to show that the possession of the title instruments is a prima facie evidence that the holder of the same is the owner thereof and entitled to all the rights thereon and that the indorsement of a negotiable instrument followed by ..... informed the plaintiff company that as the bills were long outstanding in their books against the plaintiff, and therefore the bank was reversing the credit entry ..... was booked on various .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1966]36CompCas610(MP); [1966]61ITR555(MP)
..... court, however, held that in view of the certificate by the patiala state bank, it must be accepted that the endorsements made on the cheques were of the nature contemplated by the substantive part of section 50 of the negotiable instruments act, 1881; and that being so, when once property in the cheques passed by the endorsements made at bhatinda, the assessee must be taken to have received the amount at bhatinda, and the subsequent receipts at ..... to say that the finding recorded by the tribunal that the state bank of indore was a holder in due course of the drafts and hundis and not a collecting agent of the assessee was contrary to the evidence on record and was vitiated ; that if the bank was merely a collecting agent of the assessee, then the amounts received by it from allottees in the taxable territory was on behalf of the assessee ; ..... cloth taking the view that the proceeds of the transactions were received by the assessee in the taxable territory and not at indore or ujjain ; and that the state bank of indore had acted as the assessee's collecting banker and carried out the assessee's instructions to collect from the allottees not only the face value of the bills but also the commission and interest. ..... on a consideration of the material on record, which consisted of the assessee's account books, bank pass books, and the correspondence that was exchanged between the state bank of indore and the income-tax officer regarding the course of dealings between the assessee and the .....
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