Court : Orissa
Reported in : AIR1995Ori244
..... 4 of the bankers' books evidence act, 1891 (hereinafter referred to as the 'bankers' act') it is submitted that the certified copy of the ledger account establishes primary liability of defendant no. ..... the 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' act obviously cannot charge any person with liability. ..... section 61 of the evidence act deals with proof of contents of documents and provides that the contents of documents may be proved either by primary or by secondary evidence. ..... it is to be noticed that the adjudication relating to signature is dealt with in section 67 of the evidence act. ..... 1, and the same having been maintained in regular course of business is admissible under section 34 of the indian evidence act, 1872 (in short, the 'evidence act') and can only be used as a piece of evidence corroborating any substantive evidence on record indicating liability if any. ..... - 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. ..... section 4 of the bankers' act reads as follows: '4. .....
Tag this Judgment!Court : Kerala
Reported in : III(2003)BC263; 2003(2)KLT377
..... the detailed ingredients mentioned in the defining clause 8 of section 2 of the bankers' books evidence act, 1891 for qualifying to be 'certified copy' are not mandatory but merely directory. ..... sections 2(8) and 4 of the bankers' book evidence act read as follows; section 2(8): 'certified copy' mens 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 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 (and where the copy was obtained by a mechanical or other process which in itself ..... i have been taken through section 2(8) of the bankers' book evidence act and section 4 of the said act. ..... in these circumstances it was certainly unreasonable not to look into ext.p13 for the reason that it does not meticulously comply with the words specified under section 2(8) bankers' book evidence act for certification. ..... section 4: mode of proof of entries in banker's 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 cases where, and to the same extent as, the original entry itself is now by law admissible, but not further or otherwise. .....
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 : Mumbai
Reported in : [1986]60CompCas163(Bom); 1985MhLJ461
..... however, the fact remains that the extracts of the accounts have been tendered by the plaintiff in court and under section 2 of the bankers' books evidence act, 1891, these must be taken as the certified copies of the entries appearing in the aforesaid current account. ..... 1 firm and a copy of the statement of account duly certified under the bankers' books evidence act, 1891, showing the balance due from defendant no. 1. ..... 3 entered the witness box on the side of the defendants and all that was stated by him in his evidence-in-chief was that he had not made any request to the said branch manager, sathe, for the grant of any overdraft facility. ..... paged in his classic treatise on the law of banking (1972 edition) at page 132 has observed as follows :'a banker is not obliged to let his customer overdraw unless he has agreed to do so or such agreement can be inferred from course of business; borrowing and lending are a matter of contract not necessarily premeditated but, possibly, spontaneous, as where a customer, ..... the account in question has been operated as an operated as an overdraft account for a considerable period of time extending to about one year and it is just not possible to believe that such facility could have been given by any branch manager in the regular course of business without even a written application. ..... here, as we have pointed out, there is no satisfactory evidence at all that there was any express agreement for the grant of overdraft, written or oral. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(1)BomCR493
..... far as evidentiary value of the entries in the banks ledger book is concerned, it may be stated that the provisions of section 34 of the evidence act and section 4 of the bankers books evidence act, (1891) are attracted herein. mr. ..... need not be reiterated that the entries in the bankers book can be relied upon in support of other documents ..... that the copy of ledger book (exh.80) is duly signed by the branch manager of the plaintiff-bank and has been certified as per the bankers book. ..... further held that the contents of bankers ledger book can be relied upon. ..... of the ledger account (exh.80) is photocopy of the original bankers ledger book. ..... singh : air1994sc1644 , the apex court held that entries in the books of accounts maintained by the bank have presumptive value. ..... sitaram purports to show that power of attorney is executed by general manager of the ..... there is sufficient evidence on record to show that regional manager shri nervekar, was duly authorised to sign the plaint on behalf of the plaintiff ..... he states that the power of attorney (exh.83) is executed by general manager ..... there is sufficient power in the courts, under the code of civil procedure, to ensure that injustice is not done to any party who has a just case.considering the above observations, it will have to be said that the presentation of ..... the evidence on record reveals that shri nervekar, was attached to the plaintiff-bank as regional manager in its office ..... corroborates certified copy of power of attorney (exh.83) .....
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 : Mumbai
Reported in : AIR2008Bom81; 2008(4)ALLMR808; 2008(5)BomCR847
..... had these extracts of accounts documents carried the certification under bankers books evidence act, then they could have been read in evidence. ..... none of the extracts bear certification under the bankers books evidence act. ..... let me turn to the legal provisions; namely, section 85 of the evidence act which lays down that the court shall presume due execution and authentication of power of attorney when executed before and authenticated by a notary public, or any court, judge, magistrate, indian counsel or it's vice counsel or representative of the central government, etc. ..... two extracts of accounts without any certification under the bankers books evidence act are also produced on record, out of which, one extract of account contains only one entry with short signature of unidentified person; whereas another extract of account does not bear signature of anybody except round rubber ..... i may place it on record that affidavits placed on record appears to have been prepared in the mechanical manner without looking into the provisions of evidence act or without doing any home work by the plaintiff. ..... apart from the above findings, assuming that the affidavits can be read in evidence, even then plaintiff-bank cannot succeed in the suit for want of proof of loan documents and extract of accounts as per the provisions of indian evidence act.23. ..... it is the diary or note book of the person whose statement it is alleged to contain. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1479; II(2002)BC194(SC); [2002]110CompCas141(SC); (2002)IICompLJ231(SC); 96(2002)DLT723(SC); JT2002(3)SC131; (2002)2MLJ122(SC); 2002(2)SCALE668; (2002)4SCC275; [20
..... (8) provisions contained in section 4 of the bankers' books evidence act, 1891 (18 of 1891) shall apply to a certified copy of an entry in a banker's book furnished along with the application filed under sub-section (1) of section 19 ..... of certificate for recovery of debt;(b) remove any person from the possession or custody of the property;(c) commit the same to the possession, custody or management of the receiver;(d) confer upon the receiver all such powers, as to bringing and defending suits in the courts or filing and defending applications before the tribunal and for the realization, management, protection, preservation and improvement of the property, the collection of the rents and ..... by a statement on oath that the sum demanded or the part thereof is not due to the defendant or that he does not hold any money for or on account of the defendant, then, nothing contained in this sub-section shall be deemed to require such person to pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person shall be personally liable ..... may, at any time or from time to time, amend or revoke any notice under this sub-section or extend the time for making any payment in pursuance of such notice. ..... in the lists is to be read in a narrow or restricted sense and that each general word should be held to extend to all ancillary or subsidiary matters which can fairly and reasonably be said to be comprehended in it. .....
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. .....
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