Court : Karnataka
Reported in : AIR1993Kant359; ILR1993KAR2016
..... produced three extracts from the books of accounts, duly certified under the bankers' book evidence act, 1891, relating to the three ..... the learned counsel for the defendants contended that amounts were due to the 1st defendant from the state government, that the 1st defendant had executed an irrevocable power of attorney in favour of the bank authorising them to recover the amounts due to the 1st defendant, that the bank did not take any steps to recover the amounts due ..... of balances, all the defendants have individually given revival letters under which they acknowledged their liability for purposes of section 18 of the limitation act, 1963, confirming that they are liable to the bank for payment of amounts due to the bank with interest ..... in this appeal:(1) when the equitable mortgage is created in a notified town by deposit title deeds, whether a subsequent registration of a memorandum confirming the deposit of title deeds in a town not notified under section 58 of the transfer of property act, but where the property is situated, renders the equitable mortgage invalid? ..... 58(f) of the transfer of property act (hereinafter referred to as the 'act') a mortgage by deposit of title deeds (for convenience referred 1.0 as 'equitable mortgage1) can be created only in the towns notified under the said section; that though mysore, where the.title deeds were deposited was a notified town, as the memorandum relating to the deposit of title deeds was registered at srirangapatna which was not a .....
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 : 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. .....
Tag this Judgment!Court : Delhi
Reported in : 55(1994)DLT281
..... ex.p-11is the copy of the legal notice sent by the plaintiff-bank to the defendants 2,3 and 4, ex.p-12 is the authenticated copy under the bankers books evidence act of the over draft account of the defendants and ex.p-13 is the balance confirmation slip acknowledging the liability ofrs.1,09,981.70 as on 29/08/1988 by the defendants. ..... (2) the facts of the case briefly stated are that the plaintiff is a nationalised bank constituted under the banking companies (acquisition and transfer ofundertakings) act, 1970 having its head office at manipal, karnataka state and having one of its branches at east patel nagar, new delhi. ..... in this regard she holds the power of attorney from the plaintiff-bank. ..... on 8/02/1993, the plaintiff was permitted to adduce evidence by way of affidavits. ..... (6) ex.p-1 is the general power of attorney dated 5/06/1979 executed by the plaintiff-bank in favor of mrs. .....
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 : Supreme Court of India
Reported in : AIR1999SC2161; 1999(2)ALT(Cri)285; 1999CriLJ3491; 1999(3)Crimes27(SC); JT1999(3)SC394; 1999(2)KLT301(SC); 1999(3)SCALE83; (1999)4SCC621; [1999]2SCR978; 1999(2)LC938(SC)
..... .(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 part of his statement, if duly proved, may be used by the accused, and with the permission of the court, by the prosecution to contradict such witness in the manner provided by section 145 of the indian evidence act, 1872 (i of 1872); and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only ..... made them to refresh his memory, or if the court uses them for the purpose of contradicting such police officer, the provisions of section 161 or section 145, as the case may be, of the indian evidence act, 1872 (1 of 1872), shall apply.10. sub-section (1) of the above section mandates that every police officer making an investigation shall maintain a case diary of that case in which among other entries, ..... 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 ..... courts below that the source of power to summon the case diary of a case other than the one that is being tried, emanates from section 172 of the code .....
Tag this Judgment!Court : Kerala
Reported in : 2006(4)KLT604
..... instruments (amendment and miscellaneous provisions) act, 2002 came into being to amend the negotiable instruments act, 1881, bankers' books evidence act, 1891 and the information technology act, 2000 for a purpose. ..... -(1) subject to the control of the high court, the chief judicial magistrate may, from time to time, define the local limits of the area within which the magistrates appointed under section i 1 or under section 13 may exercise all or any of the powers with which they may respectively be invested under this code:provided that the court of a special judicial magistrate may hold its sitting at any place within the local area for which it ..... a perusal of sub-section (2) of section 14 reproduced above would clearly manifest that the jurisdiction and powers of every magistrate shall extend throughout the district except as otherwise ..... (3) where the local jurisdiction of a magistrate', appointed under section 11 or section 13 or section 18, extends to an area beyond the district, or the metropolitan area, as the case may be, in which he ordinarily holds courts, any reference in this code to the court of session, chief judicial magistrate or the chief metropolitan magistrate shall, in ..... prescribed for filing a complaint under the act is a period of limitation within which it has to be filed and can neither be extended under section 473 cr.p.c. ..... as otherwise provided by such definition, the jurisdiction and power of every such magistrate shall extend throughout the district. .....
Tag this Judgment!Court : Kerala
Reported in : II(2007)BC628; [2007]135CompCas79(Ker); 2007CriLJ1042
..... the negotiable instruments (amendment and miscellaneous provisions) act, 2002, came into being to amend the negotiable instruments act, 1881, the bankers' books evidence act, 1891, and the information technology act, 2000, for a purpose. ..... --(1) subject to the control of the high court, the chief judicial magistrate may, from time to time, define the local limits of the area within which the magistrates appointed under section 11 or under section 13 may exercise all or any of the powers with which they may respectively be invested under this code:provided that the court of a special judicial magistrate may hold its sitting at any place within the local area for which it is ..... a perusal of sub-section (2) of section 14 reproduced above would clearly manifest that the jurisdiction and powers of every magistrate shall extend throughout the district except as otherwise provided.5 ..... (3) where the local jurisdiction of a magistrate, appointed undersection 11 or section 13 or section 18, extends to an area beyond the district, or the metropolitan area, as the case may be, in which he ordinarily holds courts, any reference in this code to the court of session, chief judicial magistrate or the chief metropolitan magistrate shall, in relation ..... period prescribed for filing a complaint under the act is a period of limitation within which it has to be filed and can neither be extended under section 473 of the code of criminal procedure nor the delay condoned under section 5 of the limitation act. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1983Guj126; (1983)1GLR278
..... considered that though statements from the concerned banks had been produced to prove this payment it was not proved as required by the bankers book evidence act, 1891. ..... property in lieu of his undivided right in respect of the totality of the property of the family'.....the correct view,' it is submitted, is that a partition is apt a transfer and therefore strictly not governed by the act, but that many of the provisions of the act may govern partitions as embodying rules of justice, equity and good con-science..... ..... ramji lal, 1964 all lj 1079 where the learned single judge of the allahabad high court held that section 53 postulates a genuine transaction, and if it is the case of the plaintiffs themselves that the transaction was a ..... the defendants inter alia contended that by virtue of proviso to section 2 bombay hindu women's right to property act, the plaintiff and defendant 7 were not entitled to any share in the agricultural lands belonging to the joint family because in september 1942, that is before the act had been passed, the transfer of agricultural land had been effected by ..... and for that matter release deed does not amount to a transfer, within the meaning of the term 'transfer of property' as prescribed in section 5 and, therefore, not within the purview of section 53, the principle of that section can be invoked and would apply even though the section may not apply in terms since the principle underlying it is of wider application and section 53 is not exhaustive. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006CriLJ3873; RLW2006(3)Raj2217; 2006(4)WLC296
..... --(a) to affect, sections c 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.12. ..... they are referred to by the court; but, if they are used by the police officer who made them to refresh his memory, or if the court uses them for the purpose of contradicting such police officer, the provisions of section 161 or section 145, as the case maybe, of the indian evidence act, 1872, shall apply.13. ..... meanwhile, the second part of the section does place a limit on the power of the court to summon document which fall under sections 161 and 124 of the evidence act. ..... while interpreting the provisions of the code and of the evidence act, the constitution mandate has to be borne in mind.9 ..... the validity of any such objection shall be decided on by the court.the court, if it sees, fit, may inspect the document unless it refers to matters of state, or take other evidence to enable it to determine on its admissibility.section 165, judge's power to put questions or order production- the judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases in any form, at any time, of any witness, or of the parties about any fact relevant or ..... to read section 172 (3) as limiting the power of the court under section 91 is to do violence to the language of both the provisions. .....
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