The state government may, from time to time, by notification in the official gazette, extend the provisions of this act to the books of any partnership or individual carrying on the business of bankers within the territories under its administration, and keeping a set of not less than three ordinary accountbooks, namely, a cash book, a day. The bankers books evidence act, 1891 1 title and extent. Whereas it is expedient to amend the bankers books evidence act, it is hereby enacted as follows. October, l an act to amend the law of evidence with respect to bankers books. Bankers book evidence act, 1891 indian kanoon legistify. The bankers books evidence act 1891 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the bankers books evidence act 1891 national security, others, procedural and administration, property related, public utilities, shipping. Bankers books evidence amendment act, 1893 1 of 1893 stateassociated banks miscellaneous provisions act, 1962 56 of 1962.
The bankers books evidence act 1891 the bankers, books. Bare act bankers books evidence act, 1891 law book shop. Bankers book evidence act indian bare acts at, a website for indian laws and bareacts, legal advice and law documents in india. The bankers book evidence act, 1891, indian bare acts at, a website for indian laws and bareacts, legal advice and law documents in india.
Whereas it is expedient to amend the law of evidence with respect to bankers books. Section 2a bankers book evidence act laws and bare acts. Case in which officer of bank not comparable to produce books. In a legal library in india and many parts of the englishspeaking world, a bare act is a document that simply codifies a law without annotation or commentary. In section2, a for clause 3, the following clause shall be substituted, namely. The supreme court in the case of ulster bank v obrien holds that banks need not comply with the provisions of the bankers books evidence acts when proving a claim for monies due from a defaulting borrower. In this act the principal act means the bankers books evidence act, 1879. Sep 15, 2011 an act to amend the law of evidence with respect to bankers books. Buy bankers book evidence act, 1891 by pdf online from company secretary. In a recent case heard at the court of a civil judge in maharashtra, the honble court advised reserve bank of india to instruct all banks that whenever they submit any data stored in their computer systems as evidence under bankers books evidence act, 1891 to a court of law, the data must be accompanied by a certificate prescribed under. The bankers books evidence act, 1876, shall he repealed as from the passing of this act, but such repeal shall not affect anything which has been done or happened before such repeal takes effect. Download bankers book evidence act, 1891 by pdf online. Supreme court clarifies application of bankers books evidence acts. The object of the bill was to apply to india the provisions of the english bankers.
Subject to the provisions of this act, a certified copy of any entry in a banker s books shall in all legal proceedings be received as prima facie evidence of the. Section 2a bankers book evidence act laws and bare acts of. Case in which officer of bank not compellable to produce books 6. Title and extent a act title 18 of 1891 1st october, 1891. Subject to the provisions of this act, a certified copy of any entry in a banker s books 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. Bankers book evidence act, 1891 bare acts law library. The bankers books evidence act 1891 the bankers, books evidence act, 1891 act no.
Mar 11, 2017 title and extent a act title 18 of 1891 1st october, 1891. The bill was passed by the legislature on 1st october 1891. I2005bc366 the statement of accounts in the present case was clearly a statement governed by the bankers book evidence act 1891 and such a statement is required to be admitted as evidence of the fact that the amount was due and no further evidence is required unless rebutted. 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 extent as, the original entry. This act maybe cited as the bankers books evidence act, 1879. Books evidence act, 1879, under which copies of entries in bankers. Section 2 bankers book evidence act laws and bare acts of. The bankers books evidence act 1891 indian bare acts. In order to have legal capacity the law of evidence was amended in accordance with the bank records in act number 18 of 1891 as the bankers book act in 1891. Indian evidence act, 1872 full bare act pdf download geek. 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.
It extends to the whole of india 1 except the state of jammu and kashmir and applies to all judicial proceedings in or before any court, including courtsmartial, 2 other than courtsmartial convened under the army. In this act, unless there is something repugnant in the subject or. Bare acts, law books and other law manuals are extensively provided here. Download free sample and get upto 30% off on mrprental. An act to amend the law of evidence with respect to bankersa books. Be it enacted by the queens most excellent majesty, by and with the advice. Bankers book evidence act, 1891 mylegalwork online. The supreme court decision in obrien establishes that to focus on the procedures under the. This act has been extended to pondicherry by act 26 of 1968 sec. Gradually book keeping or recording of the transactions were made in bank books like registers, ledgers, account books, cash books etc. If the records are maintained in written form, a copy of any entry along with a certificate certifying at the foot of such copy clearly indicating that. Supreme court clarifies application of bankers books. An act to amend law of evidence with respect to bankers books.
The bankers books evidence act, 1891 advocatetanmoy law. Drishya trivedi arohi dave pooja waghamare sayali chodankar sameep singh vaibhav kabra 1 2. Xviii of 1891 1st october, 1891 an act to amend the law of evidence with respect to bankers books. An act to amend the law of evidence with respect to bankers. Section 2 bankers book evidence act laws and bare acts. October, 1891l an act to amend the law of evidence with respect to bankers books. Definitions in this act, unless there is something repugnant in the subject or context, 21 company means any company as defined in section 3 of the companies act,1956, and includes a foreign company within the meaning of section 591 of that act. Act 33 bankers books evidence act 1949 an act to provide for the law of evidence relating to bankers books. Bankers books evidence act 1891 section 2 citation 26866 bare. This act may be called the indian evidence act, 1872. An act to amend the law of evidence with respect to bankers books whereas it is expedient to amend the law of evidence with respect to bankers books. Important aspects of bankers book evidence act, 1891. Bankers books evidence act 1891 advocatemmmohanbareacts. There are currently no known outstanding effects for the bankers books evidence act 1879.
Information technology act, 2000 bare acts law library. Home professional courses company secretary cs bare acts bankers book evidence act, 1891. Bankers books evidence act, 1891 title and extent 1 this act may be called the bankers books evidence act, 1 891. Whereas it is expedient to amend the law of evidence with respect to bankersa books. The bankers books evidence act 1891 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the bankers books evidence act 1891 national security, others, procedural and administration, property related, public utilities. The bare act is an expression used to specify the content of law, bereft of any interpretative gloss. In this act, unless there is something repugnant in the subject or context. Banking laws actuaries act 2006 bankers book evidence act, 1891 the african development bank act, 1983 the banking regulation act, 1949 the banking regulation amendment and miscellaneous provisions act, 2004 the exportimport bank of india act, 1981 the industrial disputes banking and insurance companies act, 1949 the industrial disputes banking companies decision act, 1955 the.