Bankers Book
Evidence Act, 1891
(Act no. 18 of 1891)
|
Sections
|
Particulars
|
|
|
Preamble |
|
1 |
Title and extent
|
|
2 |
Definitions
|
|
3 |
Powers to extend
provision of Act |
|
4 |
Mode of proof of
entries in Banker's books |
|
5 |
Case in which
officer of Bank not comparable to produce books
|
|
6 |
Inspection of books
by order of Court of Judge |
|
7 |
Costs
|
BANKERS' BOOKS
EVIDENCE ACT, 1891
(ACT XVIII OF 1891)
(1ST October,
1891.)
An Act to amend Law of
Evidence with respect to Bankers' Books.
Whereas, it is expedient to amend the Law of Evidence with
respect to Bankers' Books; It is hereby enacted as follows:
1. Title and
extent - (1) This Act may be called THE
BABKER'S BOOKS EVIDENCE ACT, 1891.
(2) It extends to the whole of India [except the State of
Jammu and Kashmir.]
2. Definitions -
In this Act, unless there is something
repugnant in the subject or context,-
[(1) "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;
(1A) "corporation" means any body corporate established by
any law for the time being in force in India and includes the
Reserve Bank of India, the State Bank of India and any subsidiary
bank as defined in the State Bank of India (Subsidiary Banks) Act,
1959.]
(2) "bank" and "bakes", mean-
[(a) any company or corporation carrying on the business of
banking.]
(b) any partnership of individual to whose books the
provisions of this Act shall have been extended as hereinafter
provided,
[(c) any post office savings bank or money order
office;]
(3) "bankers' books" include ledgers, day-books, cash-books,
account-books and all other books used in the ordinary business of a
bank;
(4) "legal proceeding" means any proceeding or inquiry in
which evidence is or may be given, and includes an arbitration;
(5) "the Court" means the person or persons before whom a
legal proceeding is held or taken;
(6) "Judge" means a Judge of a High Court;
3.
Powers 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
business of bankers within the territories under its administration,
and keeping a set of not less than three ordinary account-books
namely, a cash-book, a day-book or journal, an a ledger, and may in
like manner rescind any such notification.
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.
Comments: Loan by
Bank. In evidence, bank produced books of account, entries wherein
were corroborated by Branch Manager and other bank officials - Held
was sufficient proof of the loan transaction State Bank of India v. Yumnam
Gouramani Singh, AIR 1994 SUPREME COURT 1644
5. Case in which officer of bank not comparable to
produce books - No officer of a
bank shall in any legal proceeding to which the bank is not a party
be comparable to produce any baker's book the contents of which can
be proved under this Act, or to appear as a witness to prove the
matters, transactions and accounts therein recorded, unless by order
of the Court or a Judge made for special cause.
6. 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 herein before directed in
reference to certified copies.
(2) An Order under this or the preceding Section may be made
either with or without summoning the Bank and shall be served on the
Bank three clear days (exclusive of Bank holidays) before the same
is to be obeyed, unless the Court or Judge shall otherwise
direct.
(3) The Bank may at any time before the time limited for
obedience to any such order as aforesaid either offer to produce
their books at the trial or give notice of their intention to show
cause against such Order, and thereupon the same shall not be
enforced without further order.
7. 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 an 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 to be paid to any party by the Bank if they have
been incurred in consequence of any fault or improper delay on the
part of the Bank.
(2) Any Order made under this Section for the payment of
costs to or by a Bank may be enforced as if the Bank were a party to
the proceeding.
(3) Any Order under this Section awarding costs may, on
application to any Court of Civil Judicature designated in the
Order, be executed by such Court as if the Order were a decree for
money passed by itself:
Provided that nothing in this Sub-Section shall be construed to derogate from any power which the Court or Judge making the Order may poss for the enforcement of its or his directions with respect to the payment of costs.