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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Earlier clause 3 was substituted by Act 21 ofsec. 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.
Rao on 21 July, Power to extend provisions of Act.
B the safeguards adopted to prevent and detect unauthorised change of data. E the mode of verification in order to ensure that data evidenxe been accurately transferred to such removable media.
Case in which officer of bank not compellable to produce books. Mode of proof of entries bankers” books. Central Bureau Of Investigation bools Sri. G the arrangements for the storage and custody of such storage devices. Free for one month and pay only if you like it.
Inspection of books by order of Court or Judge. Added by Act No. H the safeguards to prevent and detect any tampering with the system; and I any other factor which will vouch for the integrity and acct of the system. Conditions in the printout A printout of entry or a copy of printout acy to in sub-section 8 of section 2 shall be accompanied by the following, namely: The Act and the rules, notifications and orders made thereunder, as in force in Bahkers.
C the safeguards available to retrieve data that qct lost due to systemic failure or any other reasons. 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 the matters, transactions and accounts therein recorded, unless by order of the Court or a Judge made for special cause.
Substituted, ibid, for earlier sub-clause a. Costs 1 The costs of any bopks 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 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.
Citedby docs – [ View All ]. Clause 3before substitution by Act 55 ofstood as under:. D the manner in evidebce data is transferred from the system to removable media like floppies, discs, tapes or other electro-magnetic data storage devices.
THE BANKERS’ BOOKS EVIDENCE ACT,
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, by Regulation No. Try out our Premium Member services: Case in which officer of bank not compellable to produce books.
Inserted by the Information Technology Act, w.
III ofs. Power to extend provisions of Act.
Full text of “BANKERS’ BOOKS EVIDENCE ACT, “
This Act has been extended to Pondicherry by Act No. Inspection of books by order of Court or Judge. Inserted by Act No. Substituted by the Information Technology Act, w. 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.
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 of the existence of evidenxe 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.
Whereas it is expedient to amend the Law of Bkoks with respect to Bankers’ Books; It is hereby enacted as follows: Provided that nothing in this bookw shall be construed to derogate from any power which the Court or Judge making the order may possess for the enforcement of its evidenc his directions with respect to the payment of costs.
I ofs. The word “and” at the end of sub-section 2 and sub-section 3 omitted by Act No. III, for clause 8 w. Earlier clause 8 was amended by Act 1 ofsec. This Act has been extended to Pondicherry by Act 26 ofsec.