BANKERS BOOKS EVIDENCE ACT 1891 PDF

THE BANKERS’ BOOKS EVIDENCE ACT, ACT No OF [AS ON ]. An Act to amend the Law of Evidence with respect to Bankers’ Books. Act, , (1 of ), and includes a foreign company within the meaning of section. of that Act;. (1A) “ corporation” means any body corporate established. Full text containing the act, Bankers Book Evidence Act, , with all the sections, schedules, short title, enactment date, and footnotes.

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Order of court to be construed to be order made by specified officer In the application of sections 5, 6 and 7 to any investigation or inquiry referred to in sub-clause iii of clause 4 of section 2, the order of a court or a Judge referred to in the said sections shall be construed as evivence to an order made by an officer of a rank not lower than the rank of a Superintendent of Police as may be specified in this behalf by the appropriate Government.

Earlier clause 3 was substituted by Act 21 ofsec. III ofs. This Act has been extended to Pondicherry by Act No. E the mode of verification in order to ensure that data has been accurately transferred to such removable media.

Case in which officer of bank not compellable to produce books. C the safeguards available to retrieve data that is lost ach to systemic failure or any other reasons. III, for clause 8 w. Central Bureau Of Investigation vs Sri.

Inserted by Act No. Citedby docs – [ View All ]. The Act and the rules, notifications and orders made thereunder, as in force in N. Clause 3before substitution by Act 55 ofstood as under:.

Provided that nothing in this sub-section shall be construed to derogate from any power which the Court or Judge making the order may possess for the enforcement of its or his directions with respect to the payment of costs. H 11891 safeguards to prevent and detect any tampering with the system; and I any other factor which will ac for the integrity and accuracy of the system.

G the arrangements for the storage and custody of such storage devices. The word “and” at the end of sub-section 2 and sub-section 3 omitted by Act No. Case in which officer of bank not compellable boojs produce books. Earlier clause 8 was amended by Act 1 ofsec.

Shamdasani on 10 September, Whereas it is expedient to amend the Law of Evidence with respect to Bankers’ Books; Evidencf is hereby enacted as follows: Conditions in the printout A evdence of entry or a copy of printout referred to in sub-section 8 of section 2 shall be accompanied by the following, namely: Try out our Premium Member services: Inserted by the Information Technology Act, w.

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This Act has been extended to Pondicherry by Act 26 ofsec. Rao on 21 July, No officer of a bank shall in any legal proceeding to which the bank is not a party be compellable to produce any banker”s book the contents of which can be proved under this Act, or to appear as a witness to prove evieence matters, transactions and accounts therein recorded, unless by order of the Court or a Judge made for special cause.

BANKERS` BOOKS EVIDENCE ACT,

D the manner in which data is transferred from the system to removable media like floppies, discs, tapes or other electro-magnetic data storage devices. Free banlers one month and pay only if you boois it. 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.

Substituted by the Information Technology Act, w. Search the history of over billion web pages on bbooks Internet. Inspection of books by order of Court or Judge.

Full text of “BANKERS’ BOOKS EVIDENCE ACT, “

Mode of proof of entries bankers” books. Inspection of books by order of Court or Judge 1 On the application of any party to a legal proceeding the Court or a Judge may order that such party be at liberty to inspect and take copies of any entries in a banker’s book for any of the purposes of such proceeding, or may order the bank to prepare and produce, within a time to be specified in the order, certified copies of all such entries accompanied by a further certificate that no other entries are to be found in the books of the bank relevant to the matters in issue in such proceeding, and such further certificate shall be dated and subscribed in manner hereinbefore directed in reference to certified copies.

Power to extend provisions of Act. Provided that nothing in this sub-section shall be construed to derogate from any power which the Court or Judge making the order may possess for the enforcement of its or bioks directions with respect to the payment of costs.

Substituted, ibid, for earlier sub-clause a. I ofs.

October, ]l Power to extend provisions of Act 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 bajkers business of bankers within the territories under its administration, and keeping a set of not less than 1981 ordinary account books, namely, a cash book, a day-book or journal, and a ledger, and may in like manner rescind any such notification.

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Power to extend provisions of Act.

Case in which officer of bank not compellable to produce books No officer of a bank shall in any legal proceeding to which the bank is not a party be compellable to produce any banker’s book the contents of which can be proved under this Act, or to appear acf a witness to prove the matters, transactions and accounts therein recorded, unless by order of the Court or a Judge made for special cause.

Costs 1 The costs of any application to the Court or a Judge under or for the purposes of this Act and the costs of anything done or to be done under and order of the Court or a Judge made under or for the purposes of this Act shall be in the discretion of the Court or Judge, who may further order such costs or any part thereof bokos be paid to any party eviidence the bank if they have been incurred in consequence of any fault or improper delay on the part of the bank.

Conditions in the printout. Provided that nothing in this sub-section shall be construed to derogate from any power which the Court or Judge making the order may possess for the enforcement of its or his directions with respect to the payment of costs.

B the safeguards adopted to prevent and detect unauthorised change of data. Added by Act No. Inspection of books by order of Court or Judge. Substituted by Act No. 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 books shall in all legal proceedings be received as prima facie evidence bokks 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.

The Act and the rules, notifications and orders made thereunder, have been applied to the whole of the Federally Administered Tribal Areas or to the parts of those Areas to which they do not already apply, bahkers Regulation No. F the mode of identification of such data storage devices.