Judgment Search Results Home > Cases Phrase: bankers books evidence act 1891 section 3 powers to extend provisions of act Court: punjab and haryana Page 1 of about 3 results (0.148 seconds)

Roshan Industries and ors. Vs. Mohan Lal

Court : Punjab and Haryana

Reported in : (2004)138PLR182

..... bankers books' evidence act, 1981 was cited that in the absence of proof of payment of the money with respect to which entry has been made in the books of accounts the liability on a person cannot be fastened, in the present case, firstly there is no advancement of loan by the bank to another party. ..... learned counsel has made reference to section 34 of the 1872 act to contend that such an evidence may be relevant but it is not sufficient to hold that a party would become liable to pay. ..... after hearing the learned counsel, i am of the considered view that this appeal is liable to be dismissed because over-whelming evidence has been adduced by the plaintiff-respondent to show that defendant-appellants were liable to pay to the plaintiff-respondent a sum of rs. ..... entries in the books of accounts ex.p3 to ex.p15 have been considered relevant under section 34 of the indian evidence act, 1872 (for brevity 'the 1872 act') as the books of accounts are found to be maintained in regular course of business. ..... moreover, the entries made in the books on account have been sufficiently supported by the evidence of st form which could not be forged or procured. ..... learned counsel has further argued that plaintiff-respondent was required to prove its case by adducing evidence instead of relying upon the weakness of the defendant-appellants. ..... apart from the above referred overwhelming documentary evidence the statement of amrit lal pw1 who is partner in the plaintiff-respondent firm has been relied upon. .....

The Punjab National Bank Ltd., Delhi Vs. Vinod Kumar and ors.

Court : Punjab and Haryana

Reported in : AIR1957P& H257

..... that has been produced, has been certified in accordance with section 2(8) of the bankers' books evidence act (xviii of 1891). ..... the object of this act is to render the entries in banker's books admissible in evidence and to enable copies of the entries to be used instead of compelling the bank to produce ..... under section 3 of this act this evidence is prima fade evidence against the defendants, and the trial court was obviously wrong in holding that the certified copy of the entries in the bank's books required proof by production of cheques ..... , of the opinion that the notice of dishonour in the present case was not necessary in view of the provisions of section 98 of the negotiable instruments act and that 'the bank is entitled to realise this amount from tho defendants. 6. ..... such 'a copy must be received as prima facie evidence not only of the existence of such entries but also of the matters, transactions andaccounts therein recorded vide ..... under section 22(1) of the displaced persons (debts adjustment) act no interest on debts owed by a displaced person can be charged on or from the 15th ..... of the parties are governed by section 17 of the displaced persons (debts adjustment) act. ..... after recording the evidence the court decided all the issues against the bank and ..... there is no evidence that the bank knew of the minors' addresses after they had migrated from wazirabad and in the peculiar circumstances that prevailed there, it is impossible to hold that the bank, even after reasonable .....

Krishan Talwar Vs. Hindustan Commercial Bank Ltd. and anr.

Court : Punjab and Haryana

Reported in : AIR1957P& H310

..... 1 and which are admissible under section 4 of the bankers' books evidence act.two witnesses have been produced by the 'plaintiffs to prove the amount due. ..... the recovery of the debt against the surety but no decree shall be 'passed in such suit for an amount in excess of the amount decreed or which can be decreed against the principal debtor in accordance with the provisions of this act: provided that the total amount which may be recovered from the principal debtor and the surety shall not exceed the amount decreed or which can be decreed by the tribunal against the principal debtor ..... , 1953-55 pun lr s48: (air 1954 punj 66) (a) that provisions of section 17 are an addition tothe substantive law of the country and are not restricted to the proceedings before the ordinary courts of the country, and therefore the advantages given to the debtor under section 17 are available to a debtor even in a civil court. ..... section 3 of that act gives overriding effect to the provisions of the act and the rules made thereunder as against any other law for the time being in force or any decree or order of a court, or any contract between the parties.section 17 gives certain relief to the debtors and it has been held in this court in sulakhan singh seth mool cband v. ..... madan lal saxena submits that there is a provision in clause 20 of the agreement of guarantee by which rs. .....

Rattan Singh Vs. Sagarmal

Court : Punjab and Haryana

Reported in : AIR2006P& H16; II(2006)BC51; (2005)141PLR152

..... , if the original books have not been produced, it is not possible to know whether the entries relating to payment of rent are entries made in the regular course of business.it is only in the case of the banker's books evidence act, 1891 that certified copies are allowed or the case must come under section 65(f) or 65(g)(g) of the evidence act. ..... am further of the view that the books of accounts may constitute relevant evidence under section 34 of evidence act, 1872 (for brevity 'the act'). ..... extracts of accounts in other cases can only be secondary evidence and unless a proper foundation is laid for adducing such secondary evidence under section 65 or other provisions of the evidence act, the privately handwritten copies of alleged account books cannot be themselves be treated as secondary evidence.'4. ..... section 34 of the act reads as under:'entries in books of account when relevant:'entries in books of account, regularly kept in the course of business, are relevant whenever they refer to a matter into which the court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with ..... a perusal of section 34 of the act shows that entries in books of accounts are relevant if such books of accounts have been kept in 'regular course of ..... lal, : air2000sc426 and relevant observations of their lordships read as under:-'it will be noticed that sanctity is attached in the law of evidence to books of account if the books are indeed 'account books' i.e. .....

Ganpati Udyog and anr. Vs. Punjab National Bank and ors.

Court : Punjab and Haryana

Reported in : (1996)113PLR437

..... shri mehtani, learned counsel for the respondent-bank argued that the document sought to be produced in the form of additional evidence is a statement of account prepared under section 4 of the banker's book evidence act 1891 (for short, the act) which is maintained by the bank in the regular course of its business and, therefore, there could be no objection to the production of the statement of account, particularly ..... mode of proof of entries in bankers' books-subject to the provisions of this act, a certified copy of any entry in a bankers' 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 extend as, the original entry itself is now by law admissible, ..... of calcutta high court held that there may be cases where even though the court finds that it is able to pronounce judgment on the state of record as it is, and so it cannot strictly say that it requires additional evidence to enable it to pronounce judgment, it still considers that in the interest of justice something which remains obscure should be filled up so that it can pronounce its judgment in a more satisfactory manner and such case will be covered by ..... bench of delhi high court that the appellate court can admit official document delegating executive power of the central government to the state government in the interest of justice.14. .....

State Bank of India Vs. H. Satish Hosiery Factory and anr.

Court : Punjab and Haryana

Reported in : II(2004)BC223; (2004)136PLR337

..... the defendant has not raised any objection in the written statement that such certificate is not in accordance with the provisions of section 2(8) of the bankers books evidence act. ..... it was argued that the entire object of bankers evidence act, 1891 is to make the entries in books of bank admissible in evidence and for the use of the copies of entries of such books instead of compelling the bank to produce original entries. ..... it was further held as under:'in my opinion, where the transactions in dispute are numerous and extend over a large number of years, it is not necessary to prove each and every item in the account books but only the specific disputed entries are required to be proved. ..... - subject to the provisions of this act, a certified copy of any entry in a bankers 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 extend as, the original entry itself is now by law admission, but not further or otherwise.' 13. ..... the learned counsel for the appellant thus argued that the transactions in dispute are numerous and extend over a large number of years. ..... machinery and stocks were sold negligently and illegally and do not in any way extend the limitation. .....

Shashi Addi-chem Industries and ors. Vs. Punjab National Bank

Court : Punjab and Haryana

Reported in : (1995)111PLR129

..... 1957 punjab 257, that certified copies of the accounts made under section 3 of the bankers' book evidence act 1891 were admissible in evidence and could be relied upon.4. ..... (supra) :-'original entries alone under section 34 of the evidence act would not be sufficient to charge any person with liability and as such copies produced under section 4 of the bankers' books evidence act obviously cannot charge any person with liability ..... no person can be charged with liabilities 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. ..... that where the statement of accounts was disputed with regard to the factum that the loan had been taken or with regard to the actual calculations made, it was incumbent on the bank to produce evidence in support of its claim and as admittedly no evidence, except the statements of accounts exhibits p-15 to p-17, had been produced, and this evidence had not been accepted to be correct by the appellants, the suit was not liable to be decreed on that basis alone. ..... in this situation, i am of the view that it was incumbent on the bank to produce some other evidence besides the statement of accounts so as to show that the said accounts had been correctly maintained and reflected the true state of ..... 1058, that mere reproduction of the statements of accounts without corroborative and reliable evidence to show their accuracy could not be relied upon was repelied by stating that .....

Kamlesh Vs. State of Haryana Etc.

Court : Punjab and Haryana

..... (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. ..... has submitted that the report prepared by forensic science expert indicates some additional anti-mortem injuries on the person of deceased which were not noticed in the post-mortem report forming part of report under section 173 (2) cr.p.c.and that there is possibility of addition of offence under section 302 ipc against the accused persons who are already facing trial or any other person suspected by the complainant-petitioner. ..... or desirable 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. ..... , in view of the above relief having been granted, this petition 6 crm-9608-2013 in/and crm-m-28796 of 2012 (o&m) is disposed of leaving the petitioner to avail the remedy as per the provisions of law mentioned herein above during the cours.of trial. .....

Ram Singh Vs. Rajiv Kumar and Company

Court : Punjab and Haryana

..... -(1) save in so far as is otherwise provided by the bankers' books evidence act, 1891 (18 of 1891), where the document on which the plaintiff sues is an entry in a shop-book or other account in his possession or power, the plaintiff shall produce the book or account at the time of filing the plaint, together with a copy of the entry ..... in the shape of bahi entries and exhibiting the same does not mean that the standard and manner of proof as required to prove a document under the provisions of section 62 of the indian evidence act can be dispensed with. ..... was held that there has to be further evidence to prove payment of money, which may be in the books of accounts so that a person may be ..... the alleged entries in the account books/bahis were not proved in accordance with law and in the absence of any independent and corroborative evidence having been adduced on record in support of the transaction of money as per such alleged entries, the suit for recovery filed by the plaintiff/respondent could not have been ..... counsel would contend that the provisions of order 7 rule 17 of the code of civil procedure was a rule of procedure and when the photocopies thereof, were duly adduced on record, no objection had been raised on behalf of the defendant/appellant and as ..... the provisions of order 7 rule 17 of the code of civil procedure are enabling provisions, by which a document can be brought on record but the standard of proof can not be dispensed with and such document has to be necessarily .....

Karnail Singh Vs. Kalra Brothers

Court : Punjab and Haryana

Reported in : (2009)154PLR693

..... production of shop-book - (1) save in so far as is otherwise provided by the bankers' books evidence act, 1891, (18 of 1891), where the document on which the plaintiff sues is an entry in a shop-book or other account in his possession or power, the plaintiff shall produce the book or account at the time of filing the plaint, together with a copy of the entry on which he relies ..... it is, therefore, clear in the instant case, that the bahi entries were not proved as per the provisions of the indian evidence act and the respondent cannot derive any solace or strength from the signatures of the appellant on the photostat copies thereof as the same are impermissible and do not conform to the requirement of standard of proof ..... is apparent from the afore-quoted provisions of law that the same provide a procedure how the documents can be brought on record, it does not mean that the standard and manner of proof as required to prove a document under the provisions of section 62 of the indian evidence act can be dispensed with. ..... are merely enabling provisions by which a document can be brought on record, but under no circumstance, the standard of proof can be dispensed ..... of the bahi entries were merely marked and were not proved in accordance, with law, while the respondent has contended that the same had been produced on record after complying with the provisions of order 7 rule 17 of the c.p.c. ..... he referred to the provisions of order 7 rule 17 of the ..... the provisions of order 7 rule 17 of the .....